Conditions of Sale
AUCTION CONDUCT CONDITIONS
A1 Introduction
A1.1 Please ensure that you are familiar with the meanings as defined in
the Glossary.
A1.2 The catalogue is issued only on the basis that you accept these auction
conduct conditions. They govern our relationship with you and cannot be
disapplied or varied by the sale conditions (even by a condition purporting
to replace the whole of the Common Auction Conditions). They can be
varied only if we agree.
A2 Our role
A2.1 As agents for each seller we have authority to:
(a) prepare the catalogue from information supplied by or on behalf of each
seller;
(b) offer each lot for sale;
(c) sell each lot;
(d) receive and hold deposits;
(e) issue and collect proceeds against an invoice.
A2.2 Our decision on the conduct of the auction is final.
A2.3 We may cancel the auction, or alter the order in which lots are offered
for sale. We may also combine or divide lots. A lot may be sold or withdrawn
from sale prior to the auction.
A2.4 You acknowledge that to the extent permitted by law we owe you no
duty of care and you have no claim against us for any loss.
A3 Bidding and reserve prices
A3.1 All bids are to be made in pounds sterling exclusive of any buyers
premium, administration charges or VAT.
A3.2 We may refuse to accept a bid. We do not have to explain why.
A3.3 If there is a dispute over bidding we are entitled to resolve it, and our
decision is final.
A3.4 Unless stated otherwise each lot is subject to a reserve price (which
may be fixed just before the lot is offered for sale). If no bid equals or
exceeds that reserve price the lot will be withdrawn from the auction.
A3.5 Where there is a reserve price the seller may bid (or ask us or another
agent to bid on the seller's behalf) up to the reserve price but may not make
a bid equal to or exceeding the reserve price. You accept that it is possible
that all bids up to the reserve price are bids made by or on behalf of the
seller.
A3.6 Where a guide price (or range of prices) is given that guide is the
minimum price at which, or range of prices within which, the seller might be
prepared to sell at the date of the guide price. But guide prices may change.
The last published guide price will normally be at or above any reserve price,
but not always - as the seller may fix the final reserve price just before
bidding commences.
A4 The particulars and other information
A4.1 We have taken reasonable care to prepare particulars that correctly
describe each lot. The particulars are based on information supplied by or on
behalf of the seller. You need to check that the information in the particulars
is correct.
A4.2 The particulars and the sale conditions may change prior to the auction
and it is your responsibility to check that you have the correct versions.
A4.3 If we provide information, or a copy of a document, provided by others
we do so only on the basis that we are not responsible for the accuracy of
that information or document.
A5 The contract
A5.1 A successful bid is one we accept as such (normally on the fall of the
hammer). This condition A5 applies to you if you make the successful bid for
a lot.
A5.2 You are obliged to buy the lot on the terms of the sale at the price
you bid plus the buyers premium any applicable administration charges plus
VAT.
A5.3 You must before leaving the auction:
(a) provide all information we reasonably need from you to enable us to
complete the sale invoice (including proof of your identity if required by
us);
(b) pay the deposit.
A5.4 The deposit:
(a) is to be held as stakeholder where VAT would be chargeable on the
deposit were it to be held as agent for the seller, but otherwise is to be held
as stated in the sale conditions; and
(b) must be paid in pounds sterling by cheque or by bankers' draft made
payable to us on an approved financial institution. The extra auction conduct
conditions may state if we accept any other form of payment.
A5.5 If the buyer does not comply with its obligations under the contract
then:
(a) you are personally liable to buy the lot even if you are acting as an
agent; and
(b) you must indemnify the seller in respect of any loss the seller incurs as
a result of the buyer's default.
A5.6 Where the buyer is a company you warrant that the buyer is properly
constituted and able to buy the lot.
General Terms & Condtions section(s) b/c/d/e/f - relate only to sales
physically conducted outside of the European Union and as such do not
form part of the general conditions of sale for this auction.
GENERAL CONDITIONS OF SALE
Some words have special meanings, which are defined in the Glossary.
The general conditions (including any extra general conditions) apply
to the contract except to the extent that they are varied by special
conditions or by an addendum.
G1. The lot
G1.1 The lot (including any rights to be granted or reserved, and any
exclusions from it) is described in the special conditions, or if not so
described the lot is that referred to in the sale memorandum.
G1.2 The lot is sold subject to all matters contained or referred to in the
documents, but excluding any financial charges: these the seller must
discharge on or before completion.
G1.3 The lot is also sold subject to such of the following as may affect it,
whether they arise before or after the contract date and whether or not they
are disclosed by the seller or are apparent from inspection of the lot.
G1.4 Where anything subject to which the lot is sold would expose the
seller to liability the buyer is to comply with it and indemnify the seller
against that liability.
G1.5 The lot comprises of the catalogued item all items in, under, over
and around any lot in this catalogue are not included with such lot unless
specifically stated in the catalogue description.
G1.6 The lot does not include any tenant's or trade fixtures or fittings.
G1.7 The buyer acknowledges that in agreeing to purchase any Lot he is not
relying on any warranties or representations made by the seller or the auctioneer
or any of their employee's agents or representatives. All representations,
warranties and conditions, express or implied, statutory or otherwise in respect
of all and any of the lots are expressly excluded and without limitation any
warranties and conditions as to title, quiet possession, satisfactory quality, fitness
for purpose and description are excluded to the fullest extent as permitted by
law.
The buyer further acknowledges that:
(a) neither the seller nor the auctioneer shall in any circumstances be
liable to or to compensate the buyer nor shall the buyer be entitled to
rescind the Sale or reject any Lot for an error omission or misstatement
contained in the Catalogue and/or in the Special Conditions.
(b) all the lots are purchased on the basis that risk of good title to all or
any of them passing to the buyer is at the buyer risk and without limitation
the Lots are sold subject to any claims, liens, distraint and execution and
subject to all leasing, hire or hire purchase agreements and reservation of
title claims (if any) in respect of them;
(c) if it shall be found that the seller does not have title to all or any of the
lot the buyer shall have no right to rescind, avoid or vary this agreement or
to claim damages or a reduction in the price paid or payable;
(d) any intellectual property rights or software subsisting in a Lot may be
third party property and as such the seller and/or the auctioneer may be
unable to effect transfer. The buyer will not be authorised to use intellectual
property rights or software and any such use or transfer shall be at the buyer
sole risk.
GENERAL CONDITIONS OF SALE
(as approved by The Royal Institution of Chartered Surveyors)
GLOSSARY
This glossary applies to the auction conduct conditions and the
sale conditions.
Wherever it makes sense:
• singular words; can be read as plouals, and plurals as singular words;
• a "person" includes a corporate body;
• words of one gender include the other genders;
• references to legislation are to that legislation as it may have been
modified or re-enacted by the date of the auction or the contract date
(as applicable); and
• where the following words printed bold black type appear in bold blue
type they have the specified meanings.
Addendum
An amendment or addition to the conditions or to the particulars or to both
whether contained in a supplement to the catalogue, a written notice from
the auctioneers or an oral announcement at the auction.
Approved financial institution
Any bank or building society that has signed up to the Banking Code or
Business Banking Code or is otherwise acceptable to the auctioneers.
Auction
The auction advertised in the catalogue. Any auction (whether a Live
Auction or an Online Auction and whether conducted independently or
simultaneously) conducted pursuant to these General Conditions and the
Special Conditions
Auction conduct conditions
The conditions so headed, including any extra auction conduct conditions.
Auctioneers
The auctioneers at the auction. In these general conditions the expression
"the Auctioneer" includes his employees and agents and any person to
whom conduct of the Auction is delegated.
Bid
An offer to purchase any Lot whether by bidding at Auction or offering to
purchase by private treaty or tender.
Bidder
Any person or commercial entity who offers to purchase any lot whether
by bidding at live auction, online sale or offering to purchase by private
treaty or tender. Every Bidder shall be deemed to act as principal unless
the auctioneer acknowledge in writing that he acts as Agent on behalf of
a named principal.
Buyers Premium / commission
A commission payable by the buyer on the completion of a Sale the amount
of which is set out in the Special Conditions. The auctioneer, when acting as
Agent for the Seller, may also receive commission from the seller.
Business day
Any day except (a) a Saturday or a Sunday; (b) a bank holiday in England
and Wales; or (c) Good Friday or Christmas Day.
Buyer
The person who agrees to buy the lot or, if applicable, that person's personal
representatives: if two or more are jointly the buyer their obligations can be
enforced against them jointly or against each of them separately.
Catalogue
The catalogue to which the conditions refer including any supplement to it.
Condition
One of the auction conduct conditions or sales conditions.
Contract
The contract by which the seller agrees to sell and the buyer agrees to buy
the lot.
Contract date
The date of the auction or, if the lot is not sold at the auction:
(a) the date of the sale memorandum signed by both the seller and buyer;
or
(b) if contracts are exchanged, the date of exchange. If exchange is not effected
in person or by an irrevocable agreement to exchange made by telephone, fax
or electronic mail the date of exchange is the date on which both parts have
been signed and posted or otherwise placed beyond normal retrieval.
General conditions
That part of the sale conditions so headed, including any extra general
conditions.
Interest rate
If not specified in the special conditions, 4% above the base rate from time
to time of Barclays Bank plc. (The interest rate will also apply to judgment
debts, if applicable.)
Lot
Each separate property described in the catalogue or (as the case may
be) the property that the seller has agreed to sell and the buyer to buy
(including chattels, if any).
Particulars
The section of the catalogue that contains descriptions of each lot (as varied
by any addendum).
Practitioner
An insolvency practitioner for the purposes of the Insolvency Act 1986 (or, in
relation to jurisdictions outside the United Kingdom, any similar official).
Price The price that the buyer agrees to pay for the lot.
Sale conditions
The general conditions as varied by any special conditions or addendum.
Sale memorandum
The form so headed (whether or not set out in the catalogue) in which the
terms of the contract for the sale of the lot are recorded.
Seller
The person selling the lot. If two or more are jointly the seller their obligations
can be enforced against them jointly or against each of them separately.
Special conditions
Those of the sale conditions so headed that relate to the lot.
Transfer
Transfer includes a conveyance or assignment (and "to transfer" includes
"to convey" or "to assign").
VAT Value Added Tax or other tax of a similar nature.
We (and us and our) The auctioneers.
You (and your) Someone who has a copy of the catalogue or who attends
or bids at the auction, whether or not a buyer.
(e) The buyer undertakes that it shall ensure that any vehicle comprised
in any Lot is in a roadworthy condition in accordance with the Road Vehicle
(Construction and Use) Regulations 1986 and any subsequent amendments
thereof or such other relevant regulations as shall from time to time be
in force before using it on a public road. It is the buyer's responsibility to
remove any logos and lettering from vehicles. Odometer readings are not
warranted.
(f) any item of plant, machinery or equipment contained in the lot (s)
may not necessarily comply with any statutory requirements or regulations
governing the use of that plant, machinery or equipment in their working
environment. Neither the seller nor the auctioneer shall incur any liability to
the buyer because of any default or defect in all or any of the lots. buyer are
entirely responsible for ensuring that the use of any item of plant, machinery
or equipment does not contravene any health and safety and environmental
legislation in existence at the time of the Sale.
(g) agrees that the auctioneer is acting only as agent of the seller and it is
expressly agreed and declared that no personal liability in connection with
the sale of any lot or otherwise shall fall on the auctioneer and the buyer
shall indemnify the auctioneer against all and any liabilities arising under or
in connection with the Sale of any Lot. Insolvency Practitioner(s), including
Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s)
for the seller without personal liability and shall incur no personal liability
whatsoever in relation to a Sale or pursuant to any document relating
thereto.
G1.8 The buyer agrees that the General Conditions and the exclusions
which they contain are fair and reasonable bearing in mind that:-
(a) the buyer must rely absolutely on the buyer's own opinion and/or
professional advice concerning the quality, state, condition, performance
and functionality of the lot any right, title or interest which is sold under
the terms of these General Conditions, their fitness and suitability for any
particular or any purpose, the possibility that some or all of them may have
defects not apparent on inspection and examination including, without
limitation, the presence of contamination and the possibility that the buyer
may not acquire title and the fact that the buyer would have no remedy
under this Agreement should that happen;
(b) the buyer has available to it skilled professional advice and on that
basis agrees to purchase a lot for a consideration calculated to take into
account amongst other things the risk to it represented by the fact that
the parties believe that all the exclusions and limitations set out in these
General Conditions would be recognised as being fully effective by the
Courts and the seller making it clear that it would not have agreed to sell
any lot on any other basis except for a higher consideration;
(c) the buyer has been given every opportunity which might reasonably
be expected to examine and inspect the lot.
(d) The buyer acknowledges that a Sale by Auction is not a consumer sale
for the purposes of the Sale of Goods Act 1979 (as amended by the Sale
and Supply of Goods Act 1994) and the Unfair Contract Terms Act 1977 and
the buyer shall not seek to rely upon and conditions or warranties implied
thereby or by any other legislation.
G2. Deposit
G2.1 The amount of the deposit is the greater of:
(a) any minimum deposit stated in the auction conduct conditions (or the
total price, if this is less than that minimum); and
(b) 25% of the price (exclusive of any VAT on the price).
G2.2 The deposit
(a) Must be paid in pounds sterling by bankers transfer, cash or credit/
debt card (or by other means of payment that the auctioneers may accept);
and
(b) is to be held as stakeholder unless the auction conduct conditions
provide that it is to be held as agent for the seller.
G2.3 Where the auctioneers hold the deposit as stakeholder they are
authorised to release it (and interest on it if applicable) to the seller on
completion or, if completion does not take place, to the person entitled to it
under the sale conditions.
G2.4 If a cheque for all or part of the deposit is not cleared on first
presentation the seller may treat the contract as at an end and bring a claim
against the buyer for breach of contract, additionally the buyer will be liable
for all charges and expenses incurred as a result of a non cleared payment.
G2.5 Interest earned on the deposit belongs to the seller unless the sale
conditions provide otherwise.
G4 Identity of Parties
Every buyer is required to give his name and address and provide satisfactory
proof of identity and such other information and documentation as is
required to the Company before making any Bid and in the case of:
(a) A Live Auction by the completion of a registration form;
(b) An Online Auction by online registration at the Website; and
(c) A private treaty or tender by prior registration or notification of details,
as and when requested by the auctioneer.
The Company reserves the right at any time to reject the registration of any
persons and refuse access to the Auction at its sole discretion.
The auctioneer Name & Registered Office: Pro Auction Ltd, The Counting
House, 13a Church Farm Business Park, Corston, Bath BA2 9AP. Company
No. 05059610.
The auctioneer may from time to time act jointly with an associated
Auctioneer who will be named in the Catalogue and/or in the Special
The seller the person upon whose instructions the auctioneer is conducting
the sale, details of whom are set out in the Special Conditions of Sale.
G5 Conduct of Auctions
G5.1 Any lot may be subject to a minimum bid or reserve price. The
auctioneer or the seller is entitled to change these at any time before the
conclusion of the Sale.
G5.2 The seller, auctioneer or any representative, agent or person acting
on behalf of the seller may Bid for any lot. Persons entitled to Bid pursuant
to this condition shall be entitled to place Bids on any lot up to the reserve
price including by placing Bids in response to other Bidders.
G5.3 Lot descriptions will be amended as appropriate as and when
information becomes available to the auctioneer. Prospective Bidders must
read lot descriptions before making a Bid so that they are fully aware of any
amendments to the description appearing in the Special Conditions and/or
on the Website or in the Catalogue in relation to a particular lot.
G5.4 The auctioneer may at any time before the conclusion of the Sale
withdraw or divide any lot or combine any lot or sell any lot by private treaty
or tender before, during or after the Auction.
G5.5 The auctioneer may reject any Bid at his sole discretion and without
being required to give a reason.
G5.6 No Bid shall be retracted without the consent of the auctioneer.
G5.7 The auctioneer may where there is a dispute between buyer, summarily
determine the dispute or immediately again offer the Lot for sale, in each
case without being required to give a reason.
G5.8 The auctioneer shall in every other respect decide how the Auction is
to be conducted and without being required to give a reason.
G5.8 A Sale is concluded (constituting acceptance of the Bidder's offer,
subject to General Condition when:
(a) in the case of a Live Auction, on the fall of the auctioneers hammer
and/or,
(b) in the case of an Online Auction, at the close of the timed Online
Auction Sale as specified on the Website and as defined by General
Condition
(c) in the case of a private treaty or tender, when the Bidders Bid is
accepted by the auctioneer, such acceptance to be communicated to the
Bidder in writing by way of receipt of the auctioneers invoice.
G5.9 The buyer shall be the person who made the highest Bid before the
conclusion of the Sale pursuant to General Condition G5.8 above subject
to approval and acceptance by the auctioneer and the Seller or such other
Bidder as the auctioneer may declare to be the buyer without being required
to give a reason. The auctioneer and/ or the seller is not bound to accept the
highest Bid or any other Bid placed in the course of the auction.
G5.10 In the case of an Online Auction the buyer, as determined under
General Condition above, shall within a reasonable time after the conclusion
of the Sale receive by email an invoice in respect of the monies due for the
Lot(s) purchased.
G5.11 In the event that the reserve price is not met, the auctioneer may
consider the Bids received below the reserve price with the seller who at its
sole discretion may accept, reject or place a counteroffer.
G5.12 On conclusion of the Sale and acceptance of the Bidders Bid
pursuant to General Conditions, the buyer acknowledges and agrees that
he has entered into a contract with the seller to buy the Lot and the Buyer
must complete the transaction to purchase the Lot.
G5.13 The buyer may not remove any Lot he has bought until after the
end of the Auction.
G5.14 In relation to an Online Auction:
(a) the auctioneer cannot guarantee that the internet services will operate
continuously or without interruptions and this could affect the conduct of
the Online Auction and the Bidders ability to Bid online. The Company
shall not be liable in any respect in the event of any dispute due to errors,
omissions or disruptions to internet services or power failures or any other
unforeseen circumstances which may occur during the Online Auction;
(b) the auctioneer may at any time, without notice, postpone or cancel an
Online Auction or extend an Online Auction beyond the published closing
time (including extension of the timed Online Auction in accordance with
General Condition below);
(c) the timed Online Auction Sale is auto bid extension enabled meaning
that where a Bid is placed within ten minutes of the original scheduled
close of the timed Online Auction the scheduled close of the timed Online
Auction will automatically be extended by an additional ten minutes. This
continues with a new scheduled close time each time a Bid is placed until
no-one places a Bid before the last scheduled close of the timed Online
Auction. Such time shall then be deemed to be the close of the timed Online
Auction.
G5.15 In the event that the auctioneer unknowingly sells a Lot that
was not eligible for Sale (i.e. there is a third party interest that comes to
light) then the auctioneer shall be entitled to immediately rescind that Sale
without any further liability to the auctioneer or the seller.
G5.16 Copies of the Auctions (Bidding Agreements) Act 1927 and 1969
are held at the auctioneers principal place of business.
G6 Sale and Payment
G6.1 The buyer shall pay the following sums to the auctioneer in full and
without set off:-
(a) immediately upon the Sale of any Lot the Deposit, if requested by the
auctioneer and
(b) the balance of the price of the Lot purchased, together with the
Buyer's Premium, lift out charges and VAT.
(c) any other payment or amount due to the seller and/or the auctioneer
pursuant to these General Conditions or the Special Conditions on
demand.
G6.2 The time for complying with clause G6.1 above shall be the time
specified in the Auction catalogue or if no time is specified there, 4pm on
the next working day and in every case time shall be of the essence.
G6.3 In view of Money Laundering Regulations the auctioneer reserves the right
to refuse payment in cash. Payments in cash of more than £7,500 will not in any
circumstances be accepted.
G6.4 The auctioneer is entitled to charge in full or in part the amount due
including all fees, from debit or credit card details registered by bidders
participating in auction events
G6.4 If the buyer fails to make any payment on the due date for payment
then, without limiting any other right or remedy available to the seller,
the buyer shall pay to the auctioneer interest (both before and after any
judgment) on the amount unpaid at the rate of 4% above the base rate
from time to time of Barclays Bank plc. (The interest rate will also apply to
judgment debts, if applicable) per month or any part thereof until payment
in full is made.
G6.5 Until the buyer has fully complied with its obligations under the
General Conditions
(a) title to any Lot bought shall not pass to the buyer;
(b) the seller or the auctioneer shall have a lien over any Lot bought by the
buyer in the Auction;
(c) if the buyer effects or purports to effect a resale or any other disposition
of all or part of the Lot, the buyer shall hold the proceeds of resale or other
disposition on trust for the seller.
G6.6 All sums payable under these General Conditions and the Special
Conditions are exclusive of any applicable VAT for which the buyer shall be
additionally liable to pay to the auctioneer. On written request by the buyer
the auctioneer will provide a VAT invoice.
G7 Removal of Lots
G7.1 The ownership of the Lot purchased shall not pass to the Buyer until
he has made payment in full to the auctioneer of 'the total amount due', but
each Lot is at the sole risk of the Buyer from the fall of the hammer .
G7.2 The removal of Lots from the Location shall be undertaken by the
Buyer entirely at its own risk and without any liability whatsoever to the
seller or auctioneer.
G7.3 Buyers are responsible for any and all costs and expenses incurred in
relation to the removal of Lots and any other applicable charges, taxes and
insurance costs.
G7.4 The Buyer may not remove any Lot until the Buyer has:-
(a) paid by cleared funds all amounts payable pursuant to the conditions
of sale
(b) if requested by the auctioneer and /or the seller produced satisfactory
evidence to the Auctioneer that the Buyer has adequate public liability
insurance in respect of the indemnity set out in General Condition below
and/or deposited with the auctioneer, by way of security, for the costs of
making good any damage likely to occur, such sum as the Auctioneer may
stipulate.
G7.5 The Buyer must remove each Lot purchased by the Clearance Date
and Time for which time shall be of the essence. Lots may only be removed
during normal working hours or such hours as are specified in the Special
Conditions.
G7.6 Buyers should co-operate regarding order of removal of Lots in order to
comply with the Clearance Date and Time. If it transpires that a Buyer makes
no effort to commence dismantling and the particular Lot is preventing
other buyers from removing purchased Lots, then the Auctioneer reserves
the right to insist that removal take place immediately notwithstanding the
specified Clearance Date and Time. In the event the Buyer does not comply
with its obligations under this General Condition G7.7, then the Auctioneer
reserves the right to arrange for the removal and/or storage of the Lot and
charge any attendant costs to the Buyer.
G7.7 If any Lot is unsold and has to be dismantled & lowered to allow the
removal of any other lot, then such dismantling & lowering shall be the
responsibility of the Buyer of the relevant Lot(s).
G7.8 Title to computer software sold pursuant to the Sale of a Lot is not
transferred under any Sale to the Buyer and use is subject to any licence
or copyright restrictions and user conditions. The auctioneer or the seller
reserve the right to erase any private or sensitive information prior to the
Sale or at any later date.
G7.9 The Buyer and/or his removal contractor must liaise with the
Company's site representative prior to commencing dismantling/removal of
a Lot from the Location and must at all times comply with its obligations
under clause G7.11 below.
G7.10 When removing any Lot from the Location the Buyer shall, or shall
procure that its removal contractors shall:
(a) carry out a full assessment of Lot, the Location and the land or
buildings to which the Lot is fixed to assess the risks associated with
detaching/removing the Lot and shall fully satisfy themselves that they can
detach/remove the Lot in compliance with the Buyers obligations under
this
(b) obtain all relevant planning permissions (where required) in relation to
the removal of building structures and plant housings;
(c) buyers of Lots will be required to make good holes or voids exposed
by the removal of Lots. Cladding taken off buildings for removal of plant
& equipment will have to be replaced, unless otherwise specified by the
Company;
(d) when detaching any Lot fixed to land or buildings, do so safely and
lawfully and must not use flame cutters, explosives or any other dangerous
equipment or process without first obtaining written consent of the
Company;
(e) remove the Lot in compliance with all relevant legislation, regulations,
codes of practice, guidance, orders, rules and other requirements of any
relevant government or governmental agency or authority whether
Parliamentary, statutory, parochial or local including (without limitation)
in compliance with the Health and Safety at Work etc Act 1974, the
Environmental Protection Act 1990, The Construction (Design and
Management) Regulations 2007, Control of Substances Hazardous to
Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and
Use) Regulations 1986 and any subsequent amendments thereof and all
other health and safety and environmental legislation in existence at the
time of the Sale.
(f) To the extent that such regulations are advisory rather than mandatory,
the standard of compliance to be achieved by the Buyer shall be to the
best industry practice; In all cases arising under this General Condition 7.11
the costs of compliance shall be borne by the Buyer and the Buyer hereby
indemnifies the Auctioneer and the Seller against all losses, costs, expenses,
damages, liabilities, demands, claims, actions and proceedings which the
Auctioneer and/or the Seller may incur arising directly or indirectly out of
any breach by the Buyer to the provisions of these conditions and the Buyer
shall make good any damage caused to (without limitation) other lots, the
Location or to any property belonging to third parties, in removing any Lot.
GENERAL CONDITIONS OF SALE continued
(as approved by The Royal Institution of Chartered Surveyors)
Pro Auction Limited
Unit 5, Midsomer Enterprise Park, Radstock Road, Bath, BA3 2BB United Kingdom
Tel: +44(0)1761 414000 Fax: +44(0)845 280 2492 Email: info@proauction.ltd.uk Website: www.proauction.ltd.uk
Company Registration no: 5059610
(g) The auctioneer shall be entitled to halt the clearance of any Lot if
in its absolute discretion the removal of a Lot is being carried out in an
unsatisfactory manner. Where the clearance is halted by the auctioneer, the
Buyer must liaise with the auctioneer site representative as to how the Lot
should be removed from the Location provided that the Buyer shall at all
times ensure that it complies with its obligations under General Condition
7.11 above and the seller nor the auctioneer shall have any liability in this
regard.
(h) The Buyer shall provide evidence as and when requested by the
auctioneer of the Buyer's insurance policies in respect of the following
insurances and at a minimum level of: Public Liability Cover - limit Two
Million Pounds (£ 2,000,000); and Employers Liability Cover - limit Ten
Million Pounds (£10,000,000);the auctioneer reserves the right to vary the
level of insurance cover stated above at any time, as and when required.
(i) The Buyer shall provide to the auctioneer a Risk Assessment & Method
Statement complying with The Construction (Design & Management)
Regulations 2007, COSHH or with any subsequent amendments thereof or
such other legislation as shall from time to time be in force.
(j) Electric, gas, water, steam and waste disconnections are the
responsibility of the Buyer and MUST be carried out by an approved
contractor following consultation with the site representative.
(k) It is expressly brought to the Buyer's attention that certain Lots
could contain blue or white asbestos, dangerous chemicals etc. which if
not handled correctly during their removal could result in breach of Health
& Safety at Work legislation and/or Control of Substances Hazardous to
Health Regulations or other statutory requirements.
(l) Any fluids, gases and/ or waste remaining in plant and machinery are
the responsibility of the Buyer and MUST be removed from the Location
strictly in accordance with any applicable statutory requirements.
(m) The Buyer must use safe and lawful means of removing the Lot, must
comply with all current statutory requirements and regulations including
those relating to the disposal and removal if waste, and if required, satisfy
the auctioneer in relation to their removal procedures; in particular, the
removal of waste materials must be undertaken by an approved and
licensed contractor to an approved waste management site.
G7.11 The Buyer shall indemnify the auctioneer and the Seller against any
loss, damages, expenses, claims or liabilities arising directly or indirectly from
the possession or use of the Lot after title to the Lot has passed to the Buyer
but before it is removed from the Location.
G7.12 All Lots are sold on the understanding that the Seller does not
represent them as being in a condition which makes them suitable for
domestic use. If any Lots are intended for domestic use the Buyer must
ensure that they comply with the requirements of the Furniture & Furnishings
(Fire) (Safety) Regulations 1988 and any subsequent amendments thereof
or such other relevant statutory requirements or regulations as shall from
time to time be in force.
G7.13 The Buyer undertakes to comply with the provisions of the Data
Protection Act 1998 in processing data held by them in connection with any
Lot.
G8 Default
G8.1 If at any time the Buyer has failed either to pay the sums specified
above in full, by the expiry of the time specified in clause above (or any
extension granted), or to remove any Lot by the time specified the auctioneer
and or the seller
(a) may rescind the Sale of that Lot, in which case any deposit shall be
forfeit, and that Lot may be resold by auction or privately;
(b) may remove the Lot from the Location and leave it outside at the
Buyer's risk in all respects;
(c) may charge the Buyer for the reasonable costs of transporting the lot,
storage and administration charges;
(d) may charge the Buyer rent, taxes, men's wages and expenses incurred
as a result of the Lot(s) remaining at the Location
G8.2 If the Auctioneer has rescinded the sale but the Buyer has removed the
Lot bought, the Auctioneer shall be entitled without previous notice to enter
upon any premises where he believes the Lot to be and remove it.
G8.3 If the Auctioneer has rescinded the sale and the Lot has been resold,
the Buyer shall make good any deficiency, namely:-
(a) the sale price less the resale price;
(b) the costs of and incidental to resale.
G8.4 If because the Buyer has failed to remove any Lot by the time specified
above (or any extension granted), and the Seller is unable to give vacant
possession on disposing of or relinquishing any interest in the premises from
which the Lot should have been removed, the Buyer shall compensate the
Seller for any loss resulting and shall indemnify the Seller against any loss,
damages, expenses, claims or liabilities incurred arising from the Buyer's
failure to remove the Lot from the Location.
G9 Acknowledgements and Exclusion of Warranties
G9.1 The Buyer acknowledges that in agreeing to purchase any Lot he
is not relying on any warranties or representations made by the Seller or
the Auctioneer or any of their employee's agents or representatives. All
representations, warranties and conditions, express or implied, statutory or
otherwise in respect of all and any of the Lots are expressly excluded and
without limitation any warranties and conditions as to title, quiet possession,
satisfactory quality, fitness for purpose and description are excluded to the
fullest extent as permitted by law.
G9.2 The Buyer further acknowledges that neither the Sellers nor the
Auctioneer shall in any circumstances be liable to or to compensate the
Buyer nor shall the Buyer be entitled to rescind the Sale or reject any Lot
for an error, omission or misstatement (including photographic images
or website entries) contained in the Catalogue and/or in the Special
Conditions
G9.3 The Buyer also acknowledges that:-
(a) all the Lots are purchased on the basis that risk of good title to all or
any of them passing to the Buyer is at the Buyer's risk and without limitation
the Lots are sold subject to any claims, liens, distraint and execution and
subject to all leasing, hire or hire purchase agreements and reservation of
title claims (if any) in respect of them;
(b) If it shall be found that the Seller does not have title to all or any of the
Lots the Buyer shall have no right to rescind, avoid or vary this agreement or
to claim damages or a reduction in the price paid or payable;
(c) anything found in, under, near or in any Lot which is not specifically
included in the description of the Lot remains the property of the Seller;
(d) any intellectual property rights or software subsisting in a Lot may be
third party property and as such the Seller and/or the Auctioneer may be
unable to effect transfer. The Buyer will not be authorised to use intellectual
property rights or software and any such use or transfer shall be at the
Buyers sole risk.
(e) The Buyer undertakes that it shall ensure that any vehicle comprised
in any Lot is in a roadworthy condition in accordance with the Road Vehicle
(Construction and Use) Regulations 1986 and any subsequent amendments
thereof or such other relevant regulations as shall from time to time be
in force before using it on a public road. It is the Buyer's responsibility to
remove any logos and lettering from vehicles. Odometer readings are not
warranted ;
(f) The Buyer acknowledges that any item of plant, machinery or
equipment contained in the Lot(s) may not necessarily comply with any
statutory requirements or regulations governing the use of that plant,
machinery or equipment in their working environment. Neither the Seller
nor the Auctioneer shall incur any liability to the Buyer because of any
default or defect in all or any of the Lots. Buyers are entirely responsible for
ensuring that the use of any item of plant, machinery or equipment does not
contravene any health and safety and environmental legislation in existence
at the time of the Sale.
(g) The articles may be inspected at the times and place set out in the
Catalogue. Each buyer (whether or not he inspects those articles which he
purchases) shall be deemed to buy with notice of all defects in them.
(h) The Buyer acknowledges and agrees that the Auctioneer is acting`only
as agent of the Seller and it is expressly agreed and declared`that no personal
liability in connection with the Sale of any Lot or`otherwise shall fall on the
Auctioneer and the Buyer shall indemnify the Auctioneer against all and any
liabilities arising under or in connection with the Sale of any Lot.
G10 Liabilities and Indemnities
G10.1 The Auctioneer warrants that he believes that the Seller of each Lot
is able to pass good title, and if the Seller is not able to do so, the Auctioneer
shall use his reasonable endeavours to assist the Buyer in obtaining good title
and in pursuing any remedies the Buyer might have against the Seller, but the
Auctioneer shall not be bound to initiate litigation and shall not be under any
other obligation to the Buyer.
G10.2 Every Lot is sold as seen and where lying. no Lot is sold as
compromising or including any new goods.
G10.3 The Auctioneer neither has nor professes any expert or other
knowledge of any Lot sold and is hereby excluded any liability the Auctioneer
might otherwise incur and any right or immunity the Buyer might otherwise
possess in respect of any conditions warranties or representations relating
to the condition of any Lot sold or the merchantable quality of the Lot or its
fitness for the particular or any purpose for which it is or may be required
whether such conditions warranties or representations are expressed
or implied in the Auction Catalogue or are the subject of oral or written
statements made by or on behalf of the Auctioneer or any other person
before or in the course of the Auction.
G10.4 No liability shall attach to the Auctioneer either in contract or in
tort for loss, injury or damage legal or other expenses sustained by the Seller,
any Bidder, the Buyer or any other person by reason of:-
(a) any defect in any Lot sold, whether or not such defect be latent or
apparent on examination;
(b) any defect or danger of the premises where the Auction is held;
(c) any alleged failure of the Auctioneer to properly advertise the Auction
or to seek or obtain expert legal advice with regard to any Lot offered for
sale or its reserve price;
(d) any act or omission of the Auctioneer in the conduct of the Auction or
after the Auction;
(e) any act or omission of any person other than the Auctioneer.
G10.5 The Seller shall indemnify the Auctioneer in respect of any claims
made by another or third party for any loss injury damage or legal or other
expenses referred to above
G10.6 The Auctioneer shall not be liable to indemnify the Seller or any
Bidder or the Buyer in respect of any claims made by another or third party
for any loss injury damage or legal or other expenses referred to in clause
10.4 above.
G10.7 In no circumstances shall the Auctioneers be liable for any
consequential damage.
G10.8 Waiver No indulgence shown by the Auctioneer shall prevent the
Auctioneer or the Seller from subsequently insisting upon their respective
rights and remedies.
GENERAL CONDITIONS OF SALE continued
(as approved by The Royal Institution of Chartered Surveyors)
