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2000 - Churchgate Auctions Limited
1.
These conditions together with those set out in the Notice to Purchasers
appearing in this catalogue are only the terms & conditions subject to which
Churchgate Auctions Ltd (“The Auctioneer”) as agents to the vendor will sell
goods to a purchaser (“The Bidder”) & all other conditions whether
express or implied at common law or by statute as are capable of lawful
exclusion are hereby excluded.
2. The
Auctioneer may at it’s discretion or upon the instructions of the vendor:
(a)
Alter or withdraw all or any lots referred to in the auction catalogue up
to the moment at which the hammer falls in relation to such lot(s).
(b)
Where a reserve has been placed on any lot, withdraw that lot in the
event that the moment at which the hammer falls in relation to such lot(s).
(c)
Where two or more consecutive lots are similar in quantity &
description offer the Second & (if it wishes subsequent such lots (or any of
them) to the bidder purchasing first at the same price.
3.
Each lot will be sold to the highest bidder & in the event of any
dispute arising between Bidders such dispute shall be dealt with in such a
manner as the Auctioneer may in it’s absolute discretion determine.
4.
Bidding shall be regulated by the Auctioneer in such a manner as it may
think fit & without prejudice to the generality of the foregoing the
Auctioneer may without ascribing any reason therefore refuse to accept any bid
or may itself bid for the lot in question on behalf of any third party.
5
(a)
Immediately following the fall of the hammer the bidder will if required
to do so by the Auctioneer pay the Auctioneer in cash or whatever form the
Auctioneer may agree 25 per cent of the price of each lot which it has purchased
& will supply the Auctioneer with whatever information the latter may
require concerning the identity & place of abode of the bidder.
Deposits paid hereunder shall be held by the Auctioneer as general
deposit for all lots purchased by the bidder at the sale.
(b)
The balance of purchase monies due will be paid to the auctioneer on or
before the date & or time specified in the Notice to Purchasers.
(c)
All lots will be cleared by the bidder from the premises at which they
were sold (subject to the conditions set out in paragraph 6 hereof) not later
than the time & date specified in the Notice to Purchasers & this
condition shall be of the essence of the contract.
(d)
Should the bidder fail to comply with any of the foregoing requirements
the lot or lots which have been knocked down to him or any part thereof may be
re-offered for sale, destroyed or otherwise disposed of by the Auctioneer in any
manner as it shall in it’s absolute discretion deem fit & any monies paid
hereunder by the bidder shall be forfeit.
(e)
Without prejudice to any claims that the Auctioneer &/or the vendor
may have against the bidder for breach of contract or otherwise the bidder will
become liable from the expiration of the time referred to in paragraph 5 ©
hereof for all the storage security & administration expenses & the cost
of & incidental to re-selling &/or otherwise disposing of un-cleared
items.
6.
(a)
The bidder will only remove lots from the vendor’s premises by previous
arrangement with & subject to the supervision of the Auctioneer or it’s
appointed representative. The Auctioneer requires that any disconnection, of any
lot, from the main electricity supply, shall be undertaken by a fully qualified
electrician at a point below the junction box.
(b)
The bidder will not be permitted to remove any lots it has purchased from
the Vendor’s premises until all sums due in respect thereof have been paid.
(c)
If in the Auctioneer’s opinion removal will be likely to cause serious
damage to the vendor’s premises or any other damage which the bidder is either
unable or unwilling to rectify the Auctioneer may by notice to the bidder
rescind the sale of such a lot (returning the purchase money to the bidder) or
permit the removal thereof from the premises to proceed subject to such
conditions as it may think fit to impose pursuant to paragraph 7 hereof.
(d)
Should any third party claim possession of or title to all or part of a
lot prior to it’s Removal from the vendor’ premises the Auctioneer reserves
the right to rescind The sale thereof or to permit the removal thereof from the
vendor’s premises subject to such conditions as it may impose.
7.
The bidder will be responsible for all damage that it’s carriers or
it’s agents may Do to the property of any third party land (& in
particular to the vendor’s premises) in removing the lot it has purchased.
Should the Auctioneer consider such damage likely to occur it may require the
bidder to deposit such sum of money with the Auctioneer by way of security for
the costs of reinstating that part of the premises likely to be damaged by the
removal of such lots at the Auctioneer may require. Should the bidder refuse to
deposit such monies the Auctioneer may refuse the bidder access to the vendors
premises for the purpose of collecting all or any of the lots it has purchased
or rescind the sale of such lot pursuant to Clause 6 © above.
8.
(a)
The bidder is on risk once the hammer falls & is strongly advised to
effect insurance at once. Upon the fall of the hammer the bidder shall assume
all risks in & relating to such lots. The bidder is advised to effect in
respect of all such risks arising thereafter any insurance it may consider
necessary. The duty of the Auctioneer & or the vendor to deliver lots shall
be deemed performed upon the fall Of the hammer (subject to Clause 8 (b) hereof)
even if a lot is subsequently Damaged & or part thereof has been lost.
(b)
In the event of total loss & or destruction of a lot or lots prior to
delivery, the Auctioneer may treat the contract (in relation only to such lot or
lots) as frustrated & return to the bidder any money paid by the bidder in
relation thereto in full & final satisfaction of all claims by the bidder in
relation to the said lot.
(c)
Property in each lot shall not pass to the bidder until (i) full payment
therefore has Been made or (where payment or part payment is made by cheque)
until the cheque(s) in question have been cleared & (ii) each lot has been
removed from the premises in its entirety.
9.
The Auctioneer has used its best endeavours to ensure that the
descriptions of each Lot appearing in this catalogue are accurate but the bidder
relies upon such descriptions at its own risk. The bidder is advised to inspect
any lots for which it intends to bid to verify the accuracy of the description
contained in the catalogue.
The
Auctioneer on its own behalf & on behalf of the vendor hereby excludes all
liabilities for any loss or damage or injury sustained by the bidder as a result
of or in connection with defect in any lot purchased a mis-description thereof
comprised in the catalogue the failure thereof to fulfil the functions of which
they were intended by the bidder or any damage or loss occasioned thereof prior
to the same being removed from the vendors premises but after the passing of
risk therein pursuant to Clause 8 (a) hereof. The Auctioneer does not warrant
the vendor’s title to any lot & the latter will be sold with such title as
the vendor may have.
10.
The price at which the bidder purchases each lot will be exclusive of
VAT. Where the bidder intends any lot to be exported outside the UK a refund of
VAT will (subject to whatever regulations made from time to time may be in
force) be available upon the production by the bidder of such proof of the
impending export as the Auctioneer may require.
11.
The vendor & the Auctioneer hereby severally exclude liability for
any accident or Injury howsoever arising sustained by any person or persons who
may come to the auction premises for any purpose whatsoever save where such
accident or injury is caused by the negligence of the vendor or Auctioneer.
Neither the vendor nor the Auctioneer recommend any other organisation or
represent the competence of any other organisation representatives or
advertising literature of which is at or about the auction premises by reason of
the fact of the vendor or the Auctioneer have allowed such representation or
literature to be available or distributed at the Auction Premises.
12. The
vendor or any agent acting on it’s behalf may bid for any lot or lot’s
offered for Sale at the Auction.
13.
Delivery of lot(s) purchased by a bidder may not be required by him
outside normal Business hours & is to be made within reasonable time
following payment in full determining what is a reasonable time just allowance
shall be made for all relevant contingencies which may arise otherwise than by
the negligence of the vendor or the Auctioneer & in particular but without
prejudice to the generality of the foregoing for any suspension or failures of
material services civil commotion strike or other industrial action or other
impediment or normal delivery outside
the control of the vendor or the
Auctioneer. Neither the vendor nor the Auctioneer shall be required to incur any
expense towards overcoming such impediment unless indemnified there from &
put in funds to meet such expense by the bidder. The Auctioneer shall not be
obliged to take any legal proceedings for the removal any such aforesaid
impediment to delivery of lot(s) which might in it’s own judgement exacerbate
the matter or be detrimental to it’s own reputation or goodwill.
14 The
company reserves the right to correct any clerical administrative or Typographic
errors made by its employees at any time.
It
is expressly brought to the bidders attention that at the time of sale any item
of plant machinery or equipment contained in the lot(s) may not necessarily
comply with Health & Safety at work Etc. Act 1974 or any other Act or Acts
Regulations thereunder governing the use of that plant machinery or equipment in
a working environment. Successful bidders for any such plant machinery or
equipment are hereby required to ensure that the use of any such at a place of
work within the United Kingdom does not contravene such relevant Act or
regulation thereunder applicable thereto.
It is expressly brought to the attention of the bidder (successful or otherwise) that certain types of plant or main service installations could contain blue & white asbestos dangerous chemicals Etc. Which if not handled correctly during the removal from the site could be in breach of the health & safely at work Etc. Act 1974 section 2 9 or any current legislation covering the use of such substances in a work environment.