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AUCTIONEERS TERMS OF BUSINESS AND CONDITIONS OF SALE

GENERAL CONDITIONS OF SALE - THIS IS A TRADE ONLY AUCTION

1. All lots are tendered for sale subject to these conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer. “The Auctioneer” shall mean the company or firm or person, or his or their servant or agent, who has agreed to auction any lot. The Auctioneer offers each lot as agent of the vendor.

2. The Auctioneer warrants that he will only sell lots which he believes to be owned by the vendor or to which the vendor will be able to pass a good title, but should it transpire that the vendor’s title to any lot is defective, or that the vendor cannot pass a good title to the purchaser, the Auctioneer shall be under no obligation to the purchaser, other than to use his best reasonable endeavours (short of litigation) to prove the transfer of a good title to the purchaser and to assist in exercising any remedies that he may have against the vendor.

3. No item will be accepted for sale unless the appropriate entry form has been completed in all respects and signed by the vendor. The Auctioneer may complete and sign the entry form on behalf of the vendor but the Auctioneer accepts no liability to any party for any loss which may arise as a result thereof. In the case of vehicles the registration document, test and plating certificates where appropriate must be handed to the Auctioneer. Payment for vehicles will be withheld until these documents are produced unless it is stated clearly on the entry form that there are no documents.

4. Value Added Tax. Vendors requiring the auctioneers to collect VAT on item/s entered for sale must state their VAT No. in the space provided on the entry form.

5. All items sent to the auction site for sale are left at the vendors risk and no responsibility is accepted for theft, loss of fire, criminal damage, enemy action, damage by frost or any other cause whilst the item/s remain on the premises.

6. Insurance is the responsibility of the vendor until the fall of the hammer, thereafter the responsibility falls to the purchaser.

7. The Auctioneer reserves the right to bid on behalf of the vendor and without giving any reason therefore, refuse to accept a bid off any person or persons.

8. The Auctioneer reserves the right to withdraw any lot from the auction for any reason up to the moment at which the hammer falls in relation to such lot/s.

9. Any item that fails to reach the reserve price, will be sold subject/provisional to the last bidder. The auctioneer will contact the vendor to see if he wishes to sell the item or to lower his reserve. It is the responsibility of the bidder to contact the auction to see if his bid has been accepted.

10. The Auctioneer or any agent acting on its behalf may bid for any lot or lots offered for sale at the auction.

11. REGISTERING: UK CUSTOMERS: All bidders must register with I-bidder / BidSpotter to be able to bid at the auction.       

12.Accepted forms of payment are bank transfer only.

13. All buyers will pay a buyers premium of 12.5% + vat on the hammer price of all lots purchased on I-Bidder / BidSpotter. In the event of a dispute over any matter and the auctioneers agree to cancel the sale, then the auctioneers will refund the purchaser his monies less the buyers premium charge.

14. The buyer shall make payment in full to the auctioneers in cleared funds by 5:00pm on the Friday following the close of sale.

15. Collection.  All lots must be collected within 10 days of the sale ending or the lots will be re-entered without reserve at the next auction. All items not collected within 10 days of the end of sale will incur a storage charge of £25 + vat per day per lot which will be deducted from any sale proceeds.

16. If any bidder fails to make payment for items purchased or neglects to comply with these conditions, all money paid by him or his agents at the time of sale will be forfeited. The item/s will then be re-sold by auction or private sale and the defaulter will be liable for any deficiency arising upon a re-sale together with all charges incurred during both sales.

17. All bidding is exlusive of VAT and will be added, if applicable, at the current rate to the purchase price.

18. Non-EC Purchasers:  Once you receive an invoice for payment you must first pay the vat on the hammer price which will be held as a deposit.  When this payment has been received we will then issue a zero rate invoice for payment.  Upon receipt of the bill of lading which must be in the same name and address as the invoice, along with the invoice number, lot number/s and description as proof of export, the VAT deposit will be refunded.  However if the proof is not received within 3 months of the sale date then the vat deposit will not be refunded and the sale will be treated as a normal vatable sale. VAT will not be refunded on the buyers’s premium.

19. Companies registered in an EC Member State: Once you receive an invoice for payment you must first pay the vat on the hammer price which will be held as a deposit.  When this payment has been received we will then issue a zero rate invoice for payment.  Upon receipt of the bill of lading which must be in the same name and address as the invoice, along with the invoice number, lot number/s and description as proof of export, the VAT deposit will be refunded.  However if the proof is not received within 3 months of the sale date then the vat deposit will not be refunded and the sale will be treated as a normal vatable sale. VAT will not be refunded on the buyers’s premium.

20. All lots are sold with all faults, imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to the sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its descriptions. The auctioneers have not tested electrical or mechanical goods and the buyer is solely responsible for testing such goods before bidding.

21. ALL LOTS ARE SOLD AS SEEN WITHOUT WARRANTY.   Bidders are advised to view and make their own inspection of the lots before making any bids.

22. The auctioneers nor its servants, officers, directors or employees are responsible for any errors of description in the catalogue or elsewhere and whether oral or in writing as to authenticity, genuineness, origin, date, age, provenance, condition, reserve price or estimated selling price is a statement of opinion only and not of fact.

23. Any claim by the buyer against the auctioneers, its servants or agents under these conditions shall not extend to any loss, interest or damage suffered or expense incurred by the buyer.

24. The auctioneers shall have the right at its absolute discretion to refuse admission to any person to its premises or to attendance at auctions. NO persons under the age of 16 shall be admitted to the auction premises.

25. These conditions in no way release the vendor of any lot, motor vehicle or item from any liability to the auctioneers, the purchaser and/or their assigns, (as to the vendor’s title to and right to sell the said item). This condition shall not affect condition no. 21 hereof precluding any right of action by the purchaser against the auctioneers, who shall not be liable at all.

26. At the time of sale any item of plant, machinery or equipment contained in any lot(s) may not necessarily comply with the Health and Safety at Work etc Act 1974 or any other Act or Acts of Regulations enacted thereunder. Buyers are required to ensure that the use of any lot at a place of work within the United Kingdom does not contravene the said Act of Regulations. Certain types of plant or installations could contain blue or white asbestos, dangerous chemicals, etc which if not handled correctly during their removal from the site could be in breach of the said Act or Regulations or any other current legislation covering the use or handling of such substances in a working environment.

27. All vehicles that could be driven on the road are sold on the condition that they will not be used on any road in the United Kingdom until such actions necessary to make them comply with the Road Traffic Acts and/or the Motor Vehicles (Construction and Use) Regulations or anything similar.

28. All vehicles sold for £1500 or under will not be checked on HPI's vehicle conditional alert register. If the vehicle is sold over £1500 and the vendor has failed to inform us that the vehicle is on the vehicle conditional alert register, then in the event of the vehicle being returned the company will refund the purchaser his monies less the buyers premium charge.

THIS IS A TRADE ONLY AUCTION

PLEASE NOTE IF YOUR FINAL BID SHOWS RESERVE NOT MET, THIS BID WILL STILL BE SUBMITTED TO THE VENDOR TO SEE IF THEY WISH TO ACCEPT THE BID OR NOT.  ONCE THE SALE HAS ENDED WE WILL LET YOU KNOW IF YOU HAVE BEEN SUCCESSFUL OR NOT. 

ALL LOTS ARE SOLD AS SEEN - BUYERS ARE ADVISED TO VIEW AND MAKE THEIR OWN INSPECTION OF THE LOTS BEFORE BIDDING

EXPORT - ANY CUSTOMERS WHO WILL BE EXPORTING THEIR GOODS OUT OF THE UK MUST CONTACT US TO LET US KNOW AS SOON AS THEY RECEIVE AN INVOICE - IF WE ARE NOT NOTIFIED THEN WE WILL BE UNABLE TO REFUND VAT

PLEASE NOTE WE ARE ONLY ACCEPTING PAYMENT BY BANK TRANSFER

SALE CURRENCY: GBP

 VAT: All lots are subject to VAT @ 20% unless otherwise stated

 BUYERS PREMIUM: All lots are subject to buyers premium at 12.5% + vat

 PAYMENT: All lots must be paid for in full by 5pm on the Friday following the sale by BANK TRANSFER ONLY

BARCLAYS BANK, 72 ST JAMES ST, BURNLEY, BB11 1NH

SORT CODE: 20-15-70

ACCOUNT NO: 50806110

IBAN: GB83 BARC 2015 7050 8061 10

SWIFTBIC: BARCGB22

COLLECTION: All lots must be collected within 10 days of the sale ending or the lots will be re-entered without reserve at the next auction.  All items not collected within 10 days of the end of sale will incur a storage charge of £25 + vat per day per lot which will be deducted from any sale proceeds.

MISREPRESENTATION: Whilst every effort has been made to provide reliable information. Burnley Auctioneers do not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness.

All lots are sold as seen. No warranty implied or given.