CONDITIONS OF SALE FOR MACHINERY SALES THROUGH BROWN & CO NATIONAL ONLINE TIMED AUCTION

1 DEFINITIONS

In these conditions the following terms have the following meanings unless inconsistent with the context:

“Auctioneers” means Brown & Co – Property and Business Consultants LLP (‘Brown & Co)

“Host” means iBidder.com – The host website portal for this auction.

“Commission” means the commission charged on the sale of Lots

“Conditions” means the standard terms and conditions of business set out in this document

“Lots” means all or any machinery and other items sold or intended to be sold in accordance with these conditions

“Purchaser” means a person, firm or Company who purchase any Lot

“Vendor” means a person, firm or Company who puts forward any Lot intended to be sold at the sale

“Sale” means a sale of the Lots by auction from time to time organized by the auctioneers

“Storage Location” means the venue at which the specific lot is stored during the sale period and is available for viewing (please note Brown & Co staff will not be available to attend viewings).

“Sale price” means the price at which a Lot is sold to the winning buyer.

“Sale Proceeds” means the net amount due to the Vendor being the Sale price of the lot sold less commission and expenses and any other amounts due to the Auctioneer by the Vendor in whatever capacity and howsoever arising

“Reserve Price” means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale

“Auction Period” means the duration of the timed auction as advertised. Any time periods running from the end of the Auction Period commence at the closing time of the Auction Period.

Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations.

2 CONDITIONS OF SALE

All persons registered to bid at the Sale in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions applicable to specific Sales, any such special conditions will be noted within the descriptions of specific lots.

3HEALTH AND SAFETY

(i)All persons viewing a lot do so at their own risk and with notice of the condition of the premises and their contents.

(ii)All persons viewing a lot are hereby made aware that there may be significant risks on the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.

(iii)All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge.

(iv)Any accidents or incidents that occur on the Storage Location must be immediately reported to Brown & Co and the Vendor and details recorded in the appropriate accident books. No powered machinery or equipment should be started without the prior approval of the Auctioneers or the vendor.

(v)Any vehicles brought onto the Storage Location to collect lots should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators.

(vi)The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.

4 AUCTIONEERS STATUS

(i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal.

(ii) The parties to the contract of sale are the Vendor and the Purchaser and the Auctioneers as such are not responsible for any default by Vendor or Purchaser.

(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.

5 EXCLUSION OF LIABILITY

(i) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lots) whether incurred before, during or after the Sale.

(ii) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect or personal injury to or death of any person arising out of or in the course of or caused by the Sale, except to the extent that the same is due to the negligence of the Auctioneers, their servants or agents.

6 WARRANTY

In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties save as provided for in Clause 18.

7 RESERVATIONS

(i) The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.

8 CATALOGUES AND ADVERTISEMENTS

The Auctioneers cannot guarantee that any Lot described in any Catalogue or advertisement nor that any description therein contained can be relied upon as accurate. Any illustrations in Catalogues are for general identification only.

9 RESERVE PRICE AND BIDDING

(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers.

(iii) No bidding shall be retracted. The bidding increments will be regulated by the Auctioneers.

(iv) All Lots must be inspected by the Purchaser who bids on the understanding that he has inspected (or is deemed to have inspected the Lot for which he is bidding and agrees to take it with all faults and imperfections (subject to Clause 20).

(vi) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.

(vii)The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.

10 PAYMENT

(i)All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at its sole discretion.

(ii)On conclusion of the Auction period Brown & Co will notify the buyer by email to confirm:

(a)That the Buyer is the winning bidder

(b)The amount of the successful bid

(iii)Attached to the notification email will be an invoice for the amount of the winning bid plus any relevant commission and VAT.

(iv)All lots must be paid for within 5 working days of the conclusion of the Auction period.

(v)The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.

(vi)All payments must be made by either Cheque, Bankers Draft, Postal Order, Debit Card, BACS or CHAPS, payments will not be accepted by credit card.

11 RESERVATION OF TITLE

(i) The Auctioneers shall ensure that the title in the Lot remains vested in the vendor (or Auctioneers as Agents of the Vendor) until payment in full has been made. If the Vendor has been paid, but the goods not paid for the title remains with the Auctioneers, until full payment has been made.

12 RESPONSIBILITY FOR LOTS

After the close of the sale such risk and duty shall devolve upon the Purchaser.

13 VALUE ADDED TAX ON PURCHASE PRICE

VAT at the standard applicable rate will be added to the sale price of all lots unless they are exempt.

14 WARRANTY AND INSPECTION OF GOODS

Brown & Co National Online Timed Machinery Auction

THERE IS NO BUYERS PREMIUM OF ANY KIND ON THE BROWN & CO NATIONAL ONLINE TIMED AUCTION

RESERVES

There is a reserve on the majority of Lots included in the Brown & Co National Online Timed Auction.

VAT

VAT is payable on all lots unless otherwise stated.

BIDDING

All registrations for the Brown & Co National Online Auction are provisional and subject to the approval of the auctioneer. Your Highest Bid will be treated as a valid bid even if at the time of placing it the RESERVE is NOT MET. Vendors regularly ask us to reduce the reserves in the closing hours and put items on sale. Remember when placing a bid you are bidding to buy!

Details are provided in good faith. They should not be relied upon as fact and buyers must make their own investigations where measurements, mileages, hours, condition or authenticity are critical. Buyers should make themselves satisfied they are happy with the lot before they bid as viewing is available on all lots by prior appointment, all bids are non-retractable.

Potential purchasers who do not inspect lots prior to bidding, do so at their own risk.

The condition and function of an item should be confirmed by the bidder, prior to bidding. As there will be NO Refunds or Allowance given after the closure of the bidding process. Your bid is your commitment to purchase. Not to view or negotiate after the sale. Transgression of these rules will be reported to ibidder and the bidder will be blocked from taking part in any future ibidder sales.

No warranty is offered or implied. Each lot is bought and sold as seen. Viewing is welcome and recommended.

PAYMENT

All payments must be made in GBP

All items purchased must be paid upon receipt of the invoice sent by the auctioneers and within 1 week of the auction date.  We will only accept the following payment methods:

1. Debit card (subject to the conditions below)

2. Personal cheque (clearance of the cheque or bank guarantee required before goods leave, see below)

3. Bank/building society guaranteed cheque or draft

4. Sterling draft

5. Bank to bank transfer

6. Cash payment up to £7500.

In order to comply with the Money Laundering Regulations 2003, we are unable to accept cash payments for the sums in excess of £7500. This includes single payments amounting to this sum or multiple payments totalling £7500.

We are also unable to accept any cash payments paid directly into our bank account.

INVOICE ALTERATIONS

After the sale day, we are unable to change or amend any invoice(s). This includes changing the VAT status of the purchaser, name and address of the purchaser etc. Lots are also unable to be transferred between purchasers after the sale day. There will be no exception to this rule.

COLLECTION

Items must be collected within two weeks of the Brown & Co National Online Timed Auction ending. The Auctioneers have the right to re-sell any item not collected after that date.

VIEWING

Please contact onlineauctions@brown-co.com for location information. Viewings are available by appointment.

Brown & Co National Online Timed Auction