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General Conditions of Sale

1  Interpretation

“Auctioneer” is the person organising the auction on behalf of the Seller. The Auctioneer is C&K Recoveries Limited acting as agent for the Seller, and is contactable at 020 8599 4336 or info@ckrecoveries.com. For the purposes of these conditions, the Auctioneer includes any employee or appointed person of the Auctioneer.

“Seller” is the person upon whose instructions the Auctioneer is conducting the auction, identified in the Special Conditions/Important Information.

“Bidder” is any person who offers to purchase any Lot.

“Buyer” is any person who agrees to purchase any Lot and makes the highest bid before the conclusion of the Sale subject to approval and acceptance by the Auctioneer and/or the Seller, or such other Bidder as the Auctioneer may decide to be the Buyer without being required to give a reason. The Auctioneer and/or the Seller are not bound to accept the highest Bid or any other bid placed in the course of the auction.

“Special Conditions/Important Information” are additional terms and conditions of sale applicable to a particular sale and can be found listed under the particular sale at www.BidSpotter.co.uk.

2. Conditions

2.1.   These General Conditions of Sale together with any Special Conditions/Important Information are the only terms and conditions subject to which the Auctioneer acting as agent for the Seller will contract with Buyers.

2.2.  Bidding for any lot shall be deemed to be acceptance of the General Conditions and the Special Conditions/Important Information.

2.3.  If there is any inconsistency between the General Conditions of Sale and the Special Conditions/Important Information, then the Special Conditions/Important Information will prevail.

3. Identity of the Parties and Registration

3.1.   The Auctioneer offers each lot as agent of the Seller.

3.2.   The Bidder shall bid as principal on his own behalf unless the Auctioneer previously acknowledges in writing that the Bidder bids as agent on behalf of a named principal.

3.3.  If acting on behalf of a named principal the Bidder shall remain liable to the Seller and the Auctioneer for all obligations and liabilities of his principal jointly and severally with the principal. The Bidder warrants that he has the authority of his principal to make each bid made.

3.4.  Every Bidder is required to register online at www.BidSpotter.co.uk and to give his name and address and to provide satisfactory proof of identity and such other information and documentation as is required by the Auctioneer before making any bid.

3.5.  The Auctioneer reserves the right at any time to reject the registration of any persons and refuse access to the auction at its sole discretion.

3.6.   Bidders acknowledge that only adults aged 18 years and over are entitled to enter into a legally binding contract and register for the auction. By registering the Bidder warrants that he is aged 18 years or older and is capable of forming a legally binding contract.

4. Auction

4.1.  The Auctioneer reserves the right in its absolute discretion to refuse admission to the premises to any person.

4.2.  The conduct of the auction shall be at the Auctioneer’s sole discretion and the Auctioneer reserves the right to refuse any bids without giving any reason.

4.3.  If any dispute of whatsoever nature relating to a bid or between Bidders shall arise, such dispute shall be summarily determined by the Auctioneer in its sole discretion and the Auctioneer’s decision shall be final and binding on all parties in each case without having to give a reason.

4.4.   Any lot may be subject to a minimum bid or reserve price. The Seller is entitled to change these at any time before the conclusion of the sale.

4.5.  The Seller, Auctioneer or any person acting on behalf of the Seller may bid for any lot. Persons entitled to bid pursuant to this condition 4.5 shall be entitled to place bids on any lot up to the reserve price including by placing bids in response to other Bidders.

4.6.  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 of any particular lot.

4.7.  The Auctioneer may at any time before the conclusion of the auction withdraw or divide any lot or combine any lots.

4.8.  The Auctioneer may sell any lot by private treaty or tender before or after the auction.

4.9.  The Auctioneer may reject any bid at his sole discretion and without being required to give any reason.

4.10.               No bid shall be withdrawn without the consent of the Auctioneer.

4.11.               In the event that a Bid is placed within ten minutes of the original scheduled close of the timed online auction sale for a lot, the sale will automatically extend by an additional ten minutes. This will continue 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 sale for that lotf.

4.12.               A contract of sale between the Seller and the Buyer shall be concluded at the close of the timed online auction sale. The highest Bidder for each lot at the close of bidding shall be the Buyer subject to the approval of 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.

4.13.               The Buyer shall within a reasonable time after the conclusion of the sale receive by email an invoice in respect of monies due for the lot(s) purchased.

4.14.               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.

4.15.               On conclusion of the sale and acceptance of the Bidder’s bid, 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.

4.16.               The Auctioneer cannot guarantee that the internet services will operate continuously or without interruption and this could affect the conduct of the online auction sale and the Bidders ability to bid online. The Auctioneer 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 sale.

4.17.               The Auctioneer may at any time, without notice, postpone or cancel an online auction sale or extend an online auction sale beyond the published closing time.

4.18.               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 and/or the Seller.

5. Sale and Payment

5.1.  The Buyer shall pay the sale price, the buyer’s premium and VAT on both the sale price and the buyer’s premium in full and without set off by no later than 48 hours after the receipt of an invoice in respect of the purchased lot(s) or such other time and date as may be specified in the Special Conditons/Important Information

5.2.  In every case time for payment shall be of the essence.

5.3.  Payments in cash of more than £9,000 will not, in any circumstances, be accepted.

5.4.  Until the Buyer has fully complied with its obligations in this condition 5

5.4.1.     Title to any lot shall not pass to the Buyer;

5.4.2.     The Seller shall have a lien over any lot bought by the Buyer in the Auction;

5.4.3.     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.

5.5.  All sums payable under these conditions and the Special Conditions/Important Information are exclusive of any applicable VAT for which the Buyer shall be additionally laible to pay to the Auctioneer.

5.6.  The Auctioneer will only accept payment under this condition 5 from the Buyer or its authorised agents.

6. Risk and Title

6.1.  All risks in and relating to the lot(s) purchased shall pass to the Buyer immediately upon the conclusion of a sale. Buyers are advised to effect insurance for these risks immediately. In no circumstance will the Auctioneer or the Seller be responsible if any lot(s) or part thereof are lost, stolen, damaged or destroyed after the conclusion of the sale.

6.2.  The Seller shall only sell such title to the lots as he may have. Neither the Auctioneer nor the Seller warrants the unencumbered title to any of the lots purported to be sold under these conditions. The Seller may rescind the contract for the sale of a lot should any third party claim title to or possession of any part of the lot. The Buyer expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in consideration paid or payable under the contract.

6.3.  Title to each of the lots shall not pass until

6.3.1.     All debts owed by the Buyer to the Auctioneer (whether part paid, secured or otherwise) are settled, for the avoidance of doubt the debts shall not be settled until (where payment or part payment is made by cheque) all cheques in question have been cleared; and

6.3.2.     Such lots have been removed from the premises in their entirety.

6.4.  Title to intellectual property and/or computer software subsisting in a lot may be the property of third parties and as such the Seller and/or the Auctioneer may not be able to effect transfer. Use of such intellectual property and/or software may be subject to licence or copyright restrictions or user conditions and use or transfer shall be at the Buyer’s sole risk.

6.5.  Title to personal, private or sensitive or other data is not sold or transferred under any sale to the Buyer and the Seller and/or the Auctioneer reserve the right to erase any personal, private or sensitive or other data prior to the sale or at any later date.

7. Removal of lots

7.1.  No lot or part thereof can be removed until payment including that of a deposit if required has been made in full and where any part of the payment has been made by cheque the cheque has cleared.

7.2.  At its discretion the Auctioneer may require the payment of a deposit to the Auctioneer prior to and/or during the removal of a lot(s) which will be refunded on the removal being completed to the Auctioneer’s satisfaction.

7.3.  The removal of lots from the premises shall be undertaken by the Buyer entirely at its own risk and without any liability whatsoever to the Auctioneer.

7.4.  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. For the avoidance of doubt removal includes where applicable disconnection from the mains electricity supply and/or any other services connected the lot and the detachment of any lots which are fixed.

7.5.  Removal shall take place only on the days and times specified in the Special Conditions/Important Information and must be completed by the deadline specified in the Special Conditions/Important Information and in every case time shall be of the essence.

7.6.  No lot or part thereof shall be removed without the authority of the Auctioneer and unless under the supervision of the Auctioneer, its servants or agents and the Buyer and/or his removal contractor must liaise with the Auctioneer, its servants or agents prior to commencing dismantling/removal of a lot from the premises.

7.7.  The Auctioneer will only permit the removal of lots purchased by the Buyer or its authorised agents and no transfer of any lot or part thereof to any other person will be recognised.

7.8.  The Buyer has no right to anything not described in the auction catalogue.

7.9.  The Buyer may not remove any lot until the Buyer has if requested by the Auctioneer produced satisfactory evidence to the Auctioneer that:

7.9.1.     The Buyer and/or its removal contractor has adequate public liability insurance cover limit of two million pounds (£2,000,000) and employers liability cover limit of ten million pounds (£10,000,000);

7.9.2.     Any equipment used for lifting, transportation or for any other purpose (in particular but not limited to lifting equipment and forklift trucks) is covered by appropriate insurance, registration, certification and maintenance documents and that any person using such equipment is qualified to do so and has received appropriate training to use it.

7.10.               When removing any lot from the premises the Buyer shall, or shall procure that its removal contractors shall:

7.10.1.  Carry out a full risk assessment of the removal of the lot, the premises, the land or buildings to which the lot is fixed or contained within or upon;

7.10.2.  Produce a method statement for the removal of the lot in compliance with the Buyer’s obligations under this condition 7;

7.10.3.  Submit the risk assessment and method statement which shall both comply with the Construction (Design and Management) Regulations 2015, COSHH or with subsequent amendments thereof or such other legislation as shall from time to time be in force to the Auctioneer for the approval of the Seller prior to handling and/or commencing removal of a lot;

7.10.4.  Obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings;

7.10.5.  Make good holes or voids exposed by the removal of lots and replace cladding taken off buildings for removal of plant and equipment, unless otherwise specified by the Auctioneer;

7.10.6.  Work safely and lawfully and not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Auctioneer;

7.10.7.  Remove the lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government, or government 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 2015, 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. 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;

7.10.8.  Use approved, qualified personnel to disconnect electrical installations and other services connected to the lot and the premises such as but not limited to gas, water, steam, compressed air or waste and leave them in a safe condition during and after the removal.

7.11.               In all cases arising under this condition 7 the costs of compliance shall be born 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 Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of this condition 7 and the Buyer shall make good any damage caused to (without limitation) other lots, the premises or to any property belonging to third parties, in removing any lot.

7.12.               The Auctioneer shall be entitled to halt the removal of any lot if in its absolute discretion the removal of a lot is being carried out in an unsatisfactory manner. Where the removal is halted by the Auctioneer, the Buyer must liaise with the Auctioneer’s site representative as to how the lot should be removed from the premises provided that the Buyer shall at all times ensure that it complies with its obligations under condition 7 and the Auctioneer shall have no liability in this regard.

7.13.               Any fluids, gases and/or waste remaining in plant and machinery are the responsibility of the Buyer and must be removed from the premises strictly in accordance with any applicable statutory requirements.

7.14.               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 of 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 and licensed waste management site.

7.15.               The Buyer acknowledges and agrees to give a written undertaking pursuant to section 6(8) of the Health and Safety at Work Act 1974 when required to do so.

7.16.               It is expressly brought to the attention of the Buyer (and potential buyers) that certain lots, types of plant, main service installations and/or buildings could contain asbestos, dangerous chemicals etc. which, if not handled correctly during their removal from the premises could be in breach of the Health and Safety at Work Etc. Act 1974, the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations as amended and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) or any other current legislation regulating the use of such substances in a working environment.

7.17.               The Buyer shall ensure that it complies with the Health and Safety at Work Etc. Act 1974, COSHH and other current legislation in connection with the removal, handling and transport of such dangerous substances and/or hazardous waste or shall employ a specialist licensed contractor to remove them.

7.18.               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 & Furnishing (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.

8. Default by the Buyer

8.1.  Upon failure by the Buyer for whatsoever reason:

8.1.1.     To pay a deposit in full if required under these conditions of sale; or

8.1.2.     To pay the purchase price and buyer’s premium in full on the due date; or

8.1.3.     To provide any documentation required under these conditions or the Special Conditions/Important Information; or

8.1.4.     To remove lots in a safe or satisfactory way; or

8.1.5.     To remove any lot from the premises on or before the deadline date specified in the Special Conditions/Important Information,

the Seller will be entitled to rescind the contract forthwith without incurring any liabilities to the Buyer, in which case any deposit or payments shall be forfeit, and that lot may be resold or otherwise disposed of by the Auctioneer in the manner it feels appropriate at its sole discretion.

8.2.  If the Seller has rescinded the sale but the Buyer has removed the lot purchased, the Seller shall be entitled without previous notice to enter upon any premises where he believes the lot to be and remove it.

8.3.  If the Seller has rescinded the Sale and the lot has been resold by the Auctioneer and/or the Seller, the Buyer shall reimburse the Seller with any shortfall where:

8.3.1.     The resale price is less than the sale price; and

8.3.2.     The Seller incurs costs incidental to the resale.

8.4.  If the Buyer fails to remove any lot by the removal deadline date specified in the Special Conditions/Important Information the buyer shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the lot from the premises.

9. Acknowledgements and Exclusion of Warranties

9.1.  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 employees, 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.

9.2.  The Buyer further acknowledges that 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/Important Information.

9.3.  The Buyer also acknowledges that:

9.3.1.     All 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 subjet 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;

9.3.2.     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.

9.4.  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. Odometer readings are not warranted.

9.5.  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 the 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.

9.6.  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.

9.7.  The Buyer acknowledges that no lots are sold as new.

9.8.  The Buyer acknowledges and agrees that the Auctioneer does not have nor professes to have any expert or other knowledge of any lots sold.

9.9.  The Buyer acknowledges and agrees that the Auctioneer is hereby excluded from any liability the Auctioneer might otherwise incur.

9.10.               The Buyer acknowledges and agrees that no liability shall attach to the Auctioneer either in contract or in tort for loss or injury or damage, legal or otherwise sustained by the Seller, any Bidder, the Buyer or any other person by reason of any defect in any lot sold, latent or otherwise, or any defect or danger of the premises where the Auction is held.

9.11.               The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:

9.11.1.   The Buyer has been given every opportunity, which might reasonably be expected to examine and inspect the lots;

9.11.2.  Buyers have a responsibility to make their own inspection of the lots at the time(s) and at the premises specified in the Special Conditions/Important Information, and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition, performance, functionality and description of a lot, its fitness and suitability for purpose, the possibility that some or all of them may have defects not apparent upon 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;

9.11.3.  Goods are believed to be correctly described but all goods are sold with all faults, imperfections and errors of description;

9.11.4.  Neither the Seller nor the Auctioneer, their servants or agents makes or gives, nor has any person in the employment of the Auctioneer any authority to make or give, any representation or warranty in relation to any lots; and

9.11.5.  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 the General Conditions would be recognized 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.

9.12.               Notwithstanding anything else in these conditions, the Seller’s and the Auctioneer’s total liability under or in connection with the sale of any lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, including consequential loss, shall be limited in aggregate to the higher of the market value or reserve price for the lot. This condition 9.12 does not apply to liability for death or personal injury.

9.13.               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 any conditions for warranties implied thereby or by any other legislation.

10. Third Party Rights

Save as expressly provided in these conditions and the Special Conditions/Important Information, no term of these conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

11. Entire Agreement

The parties agree that these conditions, the Special Conditions/Important Information and catalogue constitute the entire agreement between them and supercedes all previous drafts, agreements, arrangements and understandings between them, whether oral or written.

12. Severability

In the event that any provisions of these conditions and the Special Conditions/Important Information shall be held unenforceable for any reason, the remaining conditions shall remain in full force and effect.

13. Governing Law

These conditions and the Special Conditions/Important Information, along with all associated transactions and all connected matters shall be governed and construed in accordance with English Law.