724
Lot
724
For Cheffins Onsite Auctions delivery information please telephone 01353 777 767.
GENERAL INFORMATION
EJ Barker & Sons, Westhorpe Lodge, Stowmarket, Suffolk IP14 4TA
LOCATION AND DIRECTIONS TO THE SALE
From Ipswich
Get off the A14 at Haughley village (49). Go straight through Haughley. Follow signs for Bacton. Go through Haughley Green still staying on same road. Follow it all the way to Bacton. Turn left at Lamberts service station, phone box, pond and Londis shop (all on left) should be posted for Westhorpe and Wyverstone. Stay on that road down hill and round corner until a T-junction. Turn right. Follow this road all the way into Westhorpe village, at next T turn left and drive right through the village passing the church (R) and phone box (L), round the corner at the end, down a small hill, up the other side and turn right at a Cream Cottage with a sign saying Moat Hill Farm. There is a sign saying Westhorpe Lodge & EJ Barker & Sons.
From Bury St Edmunds
Take the A14 until Elmswell (47A, sign reads Elmswell, Woolpit, Tostock and Ixworth). 3rd exit off roundabout and head for Elmswell. Turn left after the church and turn left at the next T junction opposite shop, over the railway line and stay on that road for 2/3 miles. This will take you into Great Ashfield go past church on left. As you go out of Gt Ashfield take a right turn up a small hill (signposted Long Thurlow and Wyverstone). At the top turn right and stay on that road for 4/5 miles. Straight through Villages of Long Thurlow and Wyverstone. In Westhorpe village, turn left and drive right through the village passing the church (R) and phone box (L), round the corner at the end, down a small hill, up the other side and turn right at a Cream Cottage with a sign saying Moat Hill Farm There is a sign saying Westhorpe Lodge & EJ Barker & Sons.
From Norwich
Take the A140 Ipswich road as far as Stoke Ash. (After signs for Yaxley, Eye, Thornham Walks etc. Turn right at the Stoke Ash White Horse pub. (large, white and on the right hand side of the road). Signposted Finningham, Thornham Magna and Wickham Skeith. Stay on this road through Thornham Magna and Wickham Skeith until Finningham. At Cross roads opposite Finningham White Horse go straight over. This leads to Westhorpe Village. Drive right through the village passing the church (R) and phone box (L), round the corner at the end, down a small hill, up the other side and turn right at a Cream Cottage with a sign saying ‘Moat Hill Farm. There is a sign saying Westhorpe Lodge & EJ Barker & Sons.
Viewing will be Friday 16th June 10am – 4pm & on the morning of the sale from 8am
BUYERS' PREMIUM at the following rates will be added to the hammer price.
Class 1 - 5% plus VAT - Tractors, Steam & Other Vehicles
Class 2 - 10% plus VAT - All Other Items
An additional 1% plus VAT is added to purchases made on-line through i-bidder.com
PLEASE NOTE THERE IS A MINIMUM BUYERS PREMIUM OF £2.50 + VAT PER LOT
VALUE ADDED TAX
Items in this sale sold subject to VAT are marked with a ‘v’ before the lot number.
(i) Overseas purchasers from EC countries you will be required to supply the Auctioneers with their VAT/FISCAL NUMBER AND OTHER RELEVANT INFORMATION AS REQUESTED in order that the items may be invoiced at zero rate for VAT purposes. HOWEVER, YOU MAY BE REQUESTED TO PAY A VAT DEPOSIT EQUIVALENT TO THE STANDARD RATE OF UK VAT ON ALL LOTS SUBJECT TO VAT ON THE PURCHASE PRICE as stated in catalogue and addendum with asterisk and/or at the time of bidding. THE GOODS MUST BE SENT OR TRANSPORTED OUT OF THE UK TO A DESTINATION IN ANOTHER EC MEMBER STATE. It is the responsibility of overseas purchasers from EC Countries to ensure that they or their haulier complete and sign a COLLECTION CERTIFICATE on collection of the goods purchased. The original certificate must be left with the Auctioneers. Upon the above requirements being met in full, a refund of the VAT deposit will be made to the purchaser. Failure to do so will result in the VAT deposit being paid over to Customs & Excise as VAT.
(ii) In the case of overseas purchasers from Non EC Countries, they will be required to pay a VAT deposit equivalent to the standard UK rate. Such amount will be refunded to the overseas purchaser if the Auctioneers receive, within three months of the time of supply, a satisfactory Bill of Lading or Certificate of Shipment as proof of shipment of the lots outside the EC, failing which the VAT deposit will be paid over to Customs & Excise as VAT.
COMMISSION BIDS
The Auctioneers are pleased to faithfully execute commission bids on behalf of Purchasers unable to attend the Sale. Such commission bids will only be accepted from persons who have viewed the Sale and completed the requisite bidding form available at the Sales Office.
BIDDING
People wishing to bid for specific lots should assume the rate of selling at approximately 100 lots per hour, although the sale of Vehicles and Tractors will be slower.
BUYERS' BID NUMBERS
Cheffins operate a buyer’s bidding number system. Purchasers will need to register at the sales office during the viewing day or before the sale starts. Full details of the intending Purchaser's name, address, contact numbers and other relevant information will be required. Failure to obtain a buyer's bidding number will result in the Auctioneer refusing to accept your bid. If you have a permanent bidding number with us, please use this number. If you are unsure please enquire in the main office on the viewing or sale day. PLEASE NOTE: At this sale the buyers’ number received on the day are only temporary numbers.
ON-LINE BIDDING
Live on-line bidding will be available at this sale. An additional 1% plus VAT surcharge is added to the hammer price for successful bidders made on-line.
TO BID ON ONLINE
Cheffins offer a live online bidding service via cheffins.co.uk. This allows you to hear and see the sale in real time and carry out bidding as if you were in the sale room. To bid online you will need to register via the website. It is required that you enter credit card details which are used for identification purposes and a refundable deposit of £250 will be required prior to being accepted to bid. Cheffins reserve the right to refuse any registrant from bidding. Following a successful bid, invoices are issued in accordance with the information provided and Cheffins will contact you via telephone and email a copy of your invoice following the sale. Cheffins can accept no responsibility for the internet connection.
DANGEROUS SUBSTANCES
Certain types of machinery could contain blue & white asbestos, dangerous chemicals and hazardous waste and, if not handled correctly during their removal, could be in breach of Health & Safety at Work 1974, Controls of Substances Hazardous to Health Regulations 1988 (COSHH) or other current regulations. The buyer undertakes to handle correctly any toxic chemicals and dangerous substances and to indemnify the agent against any failure to observe this undertaking.
ELECTRICAL GOODS
These are sold as ‘antiques’ only and, if bought for use, must be checked over for compliance with safety regulations by a qualified electrician first.
ALLāLOTS AREāSOLDāSTRICTLYāASāSEEN WITHOUT WARRANTY
Purchasers are urged to satisfy themselves prior to the sale as to the condition of each lot and whether the lot accords with its description.
CLEARANCE OF LOTS
Purchasers may remove their lots after the Sale but ONLY having first obtained a Pass Out from the Sales Office. The office will be open on Sunday 18th June 2017 from 9.00am to 12noon. Failure by purchasers to remove their lots within this time will incur transport and storage charges, payable on collection. Purchasers are reminded that all lots become their responsibility at the fall of the hammer (see conditions of sale). A forklift will be available to assist with loading following the end of the sale ONLY. There is a loading ramp situated some distance from the sale site on the showground. SETTLEMENT OF ACCOUNTS
PLEASE NOTE THE CHANGE IN BANK DETAILS
All lots must be paid for on the day of sale. Purchasers unknown to the Auctioneers and wishing to pay by cheque must make one of the following arrangements BEFORE the day of sale.
1.
2.
5.
MONEY LAUNDERING REGULATIONS 2003
In order to comply with these regulations, we are unable to accept cash payment for sums in excess of £7,500. This includes single payments amounting to this sum or multiple payments totaling £7,500.
REFRESHMENTS
Catering facilities will be available throughout the Sale Day.
ENQUIRIES
Mobile numbers for viewing and sale days only:
Oliver Godfrey 07748 596062
Ed Claydon 07768 159978
Jeremy Curzon 07775 866166
William King 07831 732617
Administration and accounts enquiries before and after the sale should be made to:
Mary Freeman or Tom Godsmark 01353 777767
Buyers Conditions of Sale
1. DEFINITIONS
1.1 In these conditions the following meanings unless inconsistent with the context:
“Auctioneers” means Cheffins of the Saleground, Sutton, Ely, Cambs, CB6 2QT.
“Commission” means the commission charged on the sale of Lots in accordance with clause 2 below.
“Conditions” means the standard terms and conditions of business set out in this document.
“Lots” means all machinery and all other items sold or intended to be sold in accordance with these conditions.
“Purchaser” means a person, firm or company who purchases Lots.
“Vendor” means any person, firm or company who puts forward Lots intended to be sold at the sale.
“Sale” means a sale of Lots by auction from time to time organised by the Auctioneers.
“Sale Day” means the day fixed by the Auctioneers for an auction and where the context so requires means the day fixed for the auction in which a particular Lot is entered.
“Saleground” means The Saleground, Sutton, Ely, Cambs, CB6 2QT or the premises upon which the lots are located.
“Reserve Price” means the minimum price fixed by either the Auctioneers or the Vendor at which Lots are to be sold at the Sale.
1.2 Except where the context otherwise requires words denoting the singular include the plural and vice versa; words denoting one gender include all genders; words denoting persons include corporations and vice versa.
2. STATUS OF CONDITIONS OF SALE
2.1 Any person attending the Sale is deemed that they have read and understood these Conditions and shall make any bid on the basis of these Conditions.
2.2 The Auctioneers may supplement or supersede these Conditions in whole or part with special conditions applicable to a specific Sale or Lot which will be announced at the time of Sale
2.3 No employee or agent of the Auctioneers has any authority to vary these Condition.
3. ENTRY TO THE SALEGROUND
3.1 Any person entering the Saleground does so at their own risk
3.2 Any person entering the Saleground must comply with the requirements of all health and safety notices
3.3 The Auctioneers reserve the right to refuse admission to any person or entry of any Lot(s) into the Saleground without giving reason.
4. VALUE ADDED TAX ON PURCHASE PRICE
4.1 VAT at the standard rate will be added to the purchase price of all Lots. The only exceptions to this will be the case of “zero rated” or “exempt” Lots. The Auctioneers will state at the time of Sale if any Lots fall within these exceptions.
4.2.1 In the case of overseas Purchasers from EC Countries, they will be required to supply the Auctioneers with their VAT/FISCAL NUMBER AND OTHER RELEVANT INFORMATION REQUESTED (i.e. copy of VAT registration certificate) in order that the items may be invoiced at zero rate for VAT purposes. Where THIS INFORMATION IS NOT MADE AVAILABLE or where the Purchaser is not VAT registered, VAT at the standard rate will be charged in addition to the purchase price of all relevant Lots. THIS AMOUNT WILL NOT BE RECOVERABLE. It is the responsibility of overseas purchasers from EC countries to ensure that they or their haulier complete and sign a “COLLECTION CERTIFICATE” at the Auctioneers office on collection of goods purchased. Failure to do so will result in VAT becoming payable at the standard UK rate and this VAT will NOT BE RECOVERABLE.
4.2.2 In the case of overseas Purchasers from Non EC countries, they will be required to pay a VAT deposit equivalent to the standard UK rate of VAT. Such amount will be refunded to the Overseas Purchaser if the Auctioneers receive within three months of “the time of supply” a satisfactory Bill of Lading or Certificate of Shipment as proof of shipment of the Lots outside the EC, failing which the VAT deposit will be paid over to Customs & Excise as VAT.
5. RESERVE PRICE AND BIDDING
5.1 The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any Lot and withdraw that lot in the event that the highest bid does not meet the reserve.
5.2 The Vendor may bid for any Lot either personally or through the Auctioneers or through any other person as many times as the Vendor thinks fit and may withdraw any Lot at any time before the sale of such Lot.
5.3 The Auctioneers may without giving any reason refuse to accept bidding of any person. In the case of a dispute as to any bid, the auctioneers may forthwith determine the dispute or put up the Lot again at the last undisputed bid or withdraw the Lot.
5.4 No person may advance less at a bid than a sum to be named from time to time by the Auctioneers nor be allowed to retract a bid.
5.5 Bids shall be made exclusive of any VAT or Service Charge/Buyers Premium which may apply
6. AUCTIONEERS AS AGENT FOR VENDOR
6.1 The parties to the contract of sale are the Vendor and Purchaser
6.2 The Auctioneers sell as Agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.
6.3 In the event that a purchaser fails to pay the purchase price for the Lot in accordance with these Conditions and the Auctioneers have previously advanced to the Vendor of such Lot an amount representing such purchase price the Vendor shall forthwith at the request of the Auctioneers assign all and any of his rights against the Purchaser in respect of the unpaid purchase price to the Auctioneers and shall execute such documents as may be required by the Auctioneers to give effect to such assignment and further, shall give reasonable co-operation to the Auctioneers in any action, claim or proceeding brought or threatened by the Auctioneers against the Purchaser.
7. REMOVAL OF LOTS FROM SALEGROUND
7.1 All Lots whether sold or unsold may not be removed from the Saleground without a pass for the removal of Lots. Passes can be obtained from the Auctioneers office. All Lots must be checked out by the Security Staff.
7.2 All Lots purchased must be cleared from the Saleground within 7 days of the date of the Sale or as specified unless alternative arrangements have been made with the auctioneers
7.3 Any Lot which (without the express written consent of the Auctioneers) has not been collected within the time period specified will be removed and the cost of removal will be the responsibility of the purchaser. If the lot remains unpaid for it will be deemed to be abandoned and the auctioneers will be entitled to dispose of such abandoned Lots at their unfettered discretion. For the avoidance of doubt, any monies arising from such disposal(s) will be paid to and retained by the Auctioneers.
8. DETAILS OF PURCHASERS
All Purchasers are required to register before the auction at the Auctioneers Office or via the on-line portal as required by the operators, whether or not the Lots which they purchase are to be removed on the day of the Sale.
9. EXCLUSION OF LIABILITY
9.1 The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect of any loss or damage whatsoever to any property real or personal (including all Lots which remain at the Vendor’s risk until risk passes to the Purchaser in accordance with clause 18.3 below) whether incurred before, during or after the Sale.
9.2 The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of 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.
10. PAYMENT
10.1 All Lots must be paid on the day of the Sale by the Purchaser. All lots purchased on-line through bid-spotter or i-bidder.com must be paid within 48 hours of receipt of our invoice.
10.2 As provided by the Late Payment of Commercial Debts (Interest) Act 1998, the Auctioneers reserve the right to charge the Purchaser(s) interest at 8% above the prevailing base rate set at that time by the Bank of England for any unpaid account.
10.3 If an account remains unpaid and legal action is taken the auctioneers reserve the right to demand in full from the purchaser all legal and professional fees owing from such action.
11. INSPECTION OF GOODS
All Lots are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the sale of the Lots as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. On-line and commission bidders are deemed to have physically inspected the lots. Neither the Auctioneers, their servants or agents are responsible for errors of description or for the genuineness or authenticity of any Lot. No warranty is given by the Auctioneers, their servants or agents or by any Vendor to any Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law.
12. AUCTIONEERS’ RIGHT TO ANNUL SALES
In the event of any dispute or refusal to pay or of non-payment of the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot or Lots.
13. COMPLIANCE WITH ROAD TRAFFIC ACTS
The Purchaser of any vehicle or trailer is responsible for complying with all legal requirements as to the construction and the use of such vehicle or trailer and for obtaining all certificates, permits or other authorisations necessary before such vehicle or trailer can be used on the road.
14. HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND REGULATIONS APPLICABLE TO FARM SAFETY
14.1 The Purchaser of any Lot(s) is responsible for complying with all legal requirements as to the safe use of Lot(s) purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of Lot(s).
14.2 The Auctioneers description and knowledge of the Lot(s) is initially dependant on the information provided by the Vendor. The Auctioneer does not carry out exhaustive due diligence on each Lot(s). The information supplied about the Lot(s) is not a representation of fact but a statement of opinion on the basis of the evidence reasonably available. Purchasers acknowledge these points and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the Lot(s) in which they may be interested
14.3 Where the Vendor has declared any health and safety issues regarding a Lot or the Auctioneers have become aware of any such issues, details of the matter will be given out at the time of sale by the Auctioneer
14.4 It will be the Purchasers responsibility to satisfy themselves as to the health and safety matters. Bidders including the Purchaser acknowledge that Lots have generally been used and many are of an age and type which means they are not in perfect working condition. As such they may not comply with current health and safety legislation and may have faults not expressly referred to in the catalogue or the other information that may be available on individual Lots from the Auctioneers.
14.5 The Purchaser must satisfy himself prior to bidding for any Lot as to its condition and should exercise and rely on his own judgement as to whether the Lot accords with its description. The Auctioneers shall have no liability for the accuracy of the description of any Lot. Unless otherwise stated, no warranty is given by the Auctioneers to the Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. It is the Purchasers responsibility to check the Lot and ensure that its subsequent use is compliant and that identified health and safety concerns are rectified.
15. TRADES DESCRIPTION ACT 1968
The Vendor is reminded that under the terms of the Trade Description Act 1968 the Vendor of any Lots to which a false description is applied may be guilty of a criminal offence punishable by fine or imprisonment.
16. RESERVATION OF TITLE
16.1 If the Auctioneers allow the Purchaser to remove the Lot from the Saleground before the Purchaser has made full payment for the Lot then title to the Lot shall remain vested in the Vendor.
16.2 If the Auctioneers pay the Vendor the price of the Lot before the purchaser has paid the price to the Auctioneers, title to the Lot shall pass to the Auctioneers and shall remain with the Auctioneers until full payment has been made by t he Purchaser to the Auctioneers, when title shall pass to the Purchaser.
16.3 Notwithstanding that the title has not passed to the Purchaser, the Purchaser will be solely responsible for the lots standing in the yard immediately upon sale (the fall of the hammer).
16.4 The Purchaser shall until payment has been made in full keep the Lot in good marketable condition and readily identified and shall indemnify the Vendor or the Auctioneers as the case may be for any damage.
16.5 In the event of any sale by the Purchaser of a Lot before full payment has been made the Purchaser shall hold the proceeds of such sale on trust for the Vendor or the Auctioneer (as the case may be) and shall pay such proceeds into a separate identifiable bank account.
16.6 At the time before the title to the Lot has passed to the Purchaser, the Vendors or the Auctioneers (as the case may be) including the Auctioneers acting as agents for the Vendor, shall have the right to enter upon the Purchasers property for the purposes of recovering the Lot.
17. GOVERNING LAW AND JURISDICTION
For the avoidance of doubt all contracts entered into between the Purchaser and Vendor and between either of them and the Auctioneers on the basis of these standard terms and condition of business are governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
CHEFFINS Auctioneers April 2014
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For Cheffins Onsite Auctions delivery information please telephone 01353 777 767.
GENERAL INFORMATION
EJ Barker & Sons, Westhorpe Lodge, Stowmarket, Suffolk IP14 4TA
LOCATION AND DIRECTIONS TO THE SALE
From Ipswich
Get off the A14 at Haughley village (49). Go straight through Haughley. Follow signs for Bacton. Go through Haughley Green still staying on same road. Follow it all the way to Bacton. Turn left at Lamberts service station, phone box, pond and Londis shop (all on left) should be posted for Westhorpe and Wyverstone. Stay on that road down hill and round corner until a T-junction. Turn right. Follow this road all the way into Westhorpe village, at next T turn left and drive right through the village passing the church (R) and phone box (L), round the corner at the end, down a small hill, up the other side and turn right at a Cream Cottage with a sign saying Moat Hill Farm. There is a sign saying Westhorpe Lodge & EJ Barker & Sons.
From Bury St Edmunds
Take the A14 until Elmswell (47A, sign reads Elmswell, Woolpit, Tostock and Ixworth). 3rd exit off roundabout and head for Elmswell. Turn left after the church and turn left at the next T junction opposite shop, over the railway line and stay on that road for 2/3 miles. This will take you into Great Ashfield go past church on left. As you go out of Gt Ashfield take a right turn up a small hill (signposted Long Thurlow and Wyverstone). At the top turn right and stay on that road for 4/5 miles. Straight through Villages of Long Thurlow and Wyverstone. In Westhorpe village, turn left and drive right through the village passing the church (R) and phone box (L), round the corner at the end, down a small hill, up the other side and turn right at a Cream Cottage with a sign saying Moat Hill Farm There is a sign saying Westhorpe Lodge & EJ Barker & Sons.
From Norwich
Take the A140 Ipswich road as far as Stoke Ash. (After signs for Yaxley, Eye, Thornham Walks etc. Turn right at the Stoke Ash White Horse pub. (large, white and on the right hand side of the road). Signposted Finningham, Thornham Magna and Wickham Skeith. Stay on this road through Thornham Magna and Wickham Skeith until Finningham. At Cross roads opposite Finningham White Horse go straight over. This leads to Westhorpe Village. Drive right through the village passing the church (R) and phone box (L), round the corner at the end, down a small hill, up the other side and turn right at a Cream Cottage with a sign saying ‘Moat Hill Farm. There is a sign saying Westhorpe Lodge & EJ Barker & Sons.
Viewing will be Friday 16th June 10am – 4pm & on the morning of the sale from 8am
BUYERS' PREMIUM at the following rates will be added to the hammer price.
Class 1 - 5% plus VAT - Tractors, Steam & Other Vehicles
Class 2 - 10% plus VAT - All Other Items
An additional 1% plus VAT is added to purchases made on-line through i-bidder.com
PLEASE NOTE THERE IS A MINIMUM BUYERS PREMIUM OF £2.50 + VAT PER LOT
VALUE ADDED TAX
Items in this sale sold subject to VAT are marked with a ‘v’ before the lot number.
(i) Overseas purchasers from EC countries you will be required to supply the Auctioneers with their VAT/FISCAL NUMBER AND OTHER RELEVANT INFORMATION AS REQUESTED in order that the items may be invoiced at zero rate for VAT purposes. HOWEVER, YOU MAY BE REQUESTED TO PAY A VAT DEPOSIT EQUIVALENT TO THE STANDARD RATE OF UK VAT ON ALL LOTS SUBJECT TO VAT ON THE PURCHASE PRICE as stated in catalogue and addendum with asterisk and/or at the time of bidding. THE GOODS MUST BE SENT OR TRANSPORTED OUT OF THE UK TO A DESTINATION IN ANOTHER EC MEMBER STATE. It is the responsibility of overseas purchasers from EC Countries to ensure that they or their haulier complete and sign a COLLECTION CERTIFICATE on collection of the goods purchased. The original certificate must be left with the Auctioneers. Upon the above requirements being met in full, a refund of the VAT deposit will be made to the purchaser. Failure to do so will result in the VAT deposit being paid over to Customs & Excise as VAT.
(ii) In the case of overseas purchasers from Non EC Countries, they will be required to pay a VAT deposit equivalent to the standard UK rate. Such amount will be refunded to the overseas purchaser if the Auctioneers receive, within three months of the time of supply, a satisfactory Bill of Lading or Certificate of Shipment as proof of shipment of the lots outside the EC, failing which the VAT deposit will be paid over to Customs & Excise as VAT.
COMMISSION BIDS
The Auctioneers are pleased to faithfully execute commission bids on behalf of Purchasers unable to attend the Sale. Such commission bids will only be accepted from persons who have viewed the Sale and completed the requisite bidding form available at the Sales Office.
BIDDING
People wishing to bid for specific lots should assume the rate of selling at approximately 100 lots per hour, although the sale of Vehicles and Tractors will be slower.
BUYERS' BID NUMBERS
Cheffins operate a buyer’s bidding number system. Purchasers will need to register at the sales office during the viewing day or before the sale starts. Full details of the intending Purchaser's name, address, contact numbers and other relevant information will be required. Failure to obtain a buyer's bidding number will result in the Auctioneer refusing to accept your bid. If you have a permanent bidding number with us, please use this number. If you are unsure please enquire in the main office on the viewing or sale day. PLEASE NOTE: At this sale the buyers’ number received on the day are only temporary numbers.
ON-LINE BIDDING
Live on-line bidding will be available at this sale. An additional 1% plus VAT surcharge is added to the hammer price for successful bidders made on-line.
TO BID ON ONLINE
Cheffins offer a live online bidding service via cheffins.co.uk. This allows you to hear and see the sale in real time and carry out bidding as if you were in the sale room. To bid online you will need to register via the website. It is required that you enter credit card details which are used for identification purposes and a refundable deposit of £250 will be required prior to being accepted to bid. Cheffins reserve the right to refuse any registrant from bidding. Following a successful bid, invoices are issued in accordance with the information provided and Cheffins will contact you via telephone and email a copy of your invoice following the sale. Cheffins can accept no responsibility for the internet connection.
DANGEROUS SUBSTANCES
Certain types of machinery could contain blue & white asbestos, dangerous chemicals and hazardous waste and, if not handled correctly during their removal, could be in breach of Health & Safety at Work 1974, Controls of Substances Hazardous to Health Regulations 1988 (COSHH) or other current regulations. The buyer undertakes to handle correctly any toxic chemicals and dangerous substances and to indemnify the agent against any failure to observe this undertaking.
ELECTRICAL GOODS
These are sold as ‘antiques’ only and, if bought for use, must be checked over for compliance with safety regulations by a qualified electrician first.
ALLāLOTS AREāSOLDāSTRICTLYāASāSEEN WITHOUT WARRANTY
Purchasers are urged to satisfy themselves prior to the sale as to the condition of each lot and whether the lot accords with its description.
CLEARANCE OF LOTS
Purchasers may remove their lots after the Sale but ONLY having first obtained a Pass Out from the Sales Office. The office will be open on Sunday 18th June 2017 from 9.00am to 12noon. Failure by purchasers to remove their lots within this time will incur transport and storage charges, payable on collection. Purchasers are reminded that all lots become their responsibility at the fall of the hammer (see conditions of sale). A forklift will be available to assist with loading following the end of the sale ONLY. There is a loading ramp situated some distance from the sale site on the showground. SETTLEMENT OF ACCOUNTS
PLEASE NOTE THE CHANGE IN BANK DETAILS
All lots must be paid for on the day of sale. Purchasers unknown to the Auctioneers and wishing to pay by cheque must make one of the following arrangements BEFORE the day of sale.
1.
2.
5.
MONEY LAUNDERING REGULATIONS 2003
In order to comply with these regulations, we are unable to accept cash payment for sums in excess of £7,500. This includes single payments amounting to this sum or multiple payments totaling £7,500.
REFRESHMENTS
Catering facilities will be available throughout the Sale Day.
ENQUIRIES
Mobile numbers for viewing and sale days only:
Oliver Godfrey 07748 596062
Ed Claydon 07768 159978
Jeremy Curzon 07775 866166
William King 07831 732617
Administration and accounts enquiries before and after the sale should be made to:
Mary Freeman or Tom Godsmark 01353 777767
Buyers Conditions of Sale
1. DEFINITIONS
1.1 In these conditions the following meanings unless inconsistent with the context:
“Auctioneers” means Cheffins of the Saleground, Sutton, Ely, Cambs, CB6 2QT.
“Commission” means the commission charged on the sale of Lots in accordance with clause 2 below.
“Conditions” means the standard terms and conditions of business set out in this document.
“Lots” means all machinery and all other items sold or intended to be sold in accordance with these conditions.
“Purchaser” means a person, firm or company who purchases Lots.
“Vendor” means any person, firm or company who puts forward Lots intended to be sold at the sale.
“Sale” means a sale of Lots by auction from time to time organised by the Auctioneers.
“Sale Day” means the day fixed by the Auctioneers for an auction and where the context so requires means the day fixed for the auction in which a particular Lot is entered.
“Saleground” means The Saleground, Sutton, Ely, Cambs, CB6 2QT or the premises upon which the lots are located.
“Reserve Price” means the minimum price fixed by either the Auctioneers or the Vendor at which Lots are to be sold at the Sale.
1.2 Except where the context otherwise requires words denoting the singular include the plural and vice versa; words denoting one gender include all genders; words denoting persons include corporations and vice versa.
2. STATUS OF CONDITIONS OF SALE
2.1 Any person attending the Sale is deemed that they have read and understood these Conditions and shall make any bid on the basis of these Conditions.
2.2 The Auctioneers may supplement or supersede these Conditions in whole or part with special conditions applicable to a specific Sale or Lot which will be announced at the time of Sale
2.3 No employee or agent of the Auctioneers has any authority to vary these Condition.
3. ENTRY TO THE SALEGROUND
3.1 Any person entering the Saleground does so at their own risk
3.2 Any person entering the Saleground must comply with the requirements of all health and safety notices
3.3 The Auctioneers reserve the right to refuse admission to any person or entry of any Lot(s) into the Saleground without giving reason.
4. VALUE ADDED TAX ON PURCHASE PRICE
4.1 VAT at the standard rate will be added to the purchase price of all Lots. The only exceptions to this will be the case of “zero rated” or “exempt” Lots. The Auctioneers will state at the time of Sale if any Lots fall within these exceptions.
4.2.1 In the case of overseas Purchasers from EC Countries, they will be required to supply the Auctioneers with their VAT/FISCAL NUMBER AND OTHER RELEVANT INFORMATION REQUESTED (i.e. copy of VAT registration certificate) in order that the items may be invoiced at zero rate for VAT purposes. Where THIS INFORMATION IS NOT MADE AVAILABLE or where the Purchaser is not VAT registered, VAT at the standard rate will be charged in addition to the purchase price of all relevant Lots. THIS AMOUNT WILL NOT BE RECOVERABLE. It is the responsibility of overseas purchasers from EC countries to ensure that they or their haulier complete and sign a “COLLECTION CERTIFICATE” at the Auctioneers office on collection of goods purchased. Failure to do so will result in VAT becoming payable at the standard UK rate and this VAT will NOT BE RECOVERABLE.
4.2.2 In the case of overseas Purchasers from Non EC countries, they will be required to pay a VAT deposit equivalent to the standard UK rate of VAT. Such amount will be refunded to the Overseas Purchaser if the Auctioneers receive within three months of “the time of supply” a satisfactory Bill of Lading or Certificate of Shipment as proof of shipment of the Lots outside the EC, failing which the VAT deposit will be paid over to Customs & Excise as VAT.
5. RESERVE PRICE AND BIDDING
5.1 The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any Lot and withdraw that lot in the event that the highest bid does not meet the reserve.
5.2 The Vendor may bid for any Lot either personally or through the Auctioneers or through any other person as many times as the Vendor thinks fit and may withdraw any Lot at any time before the sale of such Lot.
5.3 The Auctioneers may without giving any reason refuse to accept bidding of any person. In the case of a dispute as to any bid, the auctioneers may forthwith determine the dispute or put up the Lot again at the last undisputed bid or withdraw the Lot.
5.4 No person may advance less at a bid than a sum to be named from time to time by the Auctioneers nor be allowed to retract a bid.
5.5 Bids shall be made exclusive of any VAT or Service Charge/Buyers Premium which may apply
6. AUCTIONEERS AS AGENT FOR VENDOR
6.1 The parties to the contract of sale are the Vendor and Purchaser
6.2 The Auctioneers sell as Agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.
6.3 In the event that a purchaser fails to pay the purchase price for the Lot in accordance with these Conditions and the Auctioneers have previously advanced to the Vendor of such Lot an amount representing such purchase price the Vendor shall forthwith at the request of the Auctioneers assign all and any of his rights against the Purchaser in respect of the unpaid purchase price to the Auctioneers and shall execute such documents as may be required by the Auctioneers to give effect to such assignment and further, shall give reasonable co-operation to the Auctioneers in any action, claim or proceeding brought or threatened by the Auctioneers against the Purchaser.
7. REMOVAL OF LOTS FROM SALEGROUND
7.1 All Lots whether sold or unsold may not be removed from the Saleground without a pass for the removal of Lots. Passes can be obtained from the Auctioneers office. All Lots must be checked out by the Security Staff.
7.2 All Lots purchased must be cleared from the Saleground within 7 days of the date of the Sale or as specified unless alternative arrangements have been made with the auctioneers
7.3 Any Lot which (without the express written consent of the Auctioneers) has not been collected within the time period specified will be removed and the cost of removal will be the responsibility of the purchaser. If the lot remains unpaid for it will be deemed to be abandoned and the auctioneers will be entitled to dispose of such abandoned Lots at their unfettered discretion. For the avoidance of doubt, any monies arising from such disposal(s) will be paid to and retained by the Auctioneers.
8. DETAILS OF PURCHASERS
All Purchasers are required to register before the auction at the Auctioneers Office or via the on-line portal as required by the operators, whether or not the Lots which they purchase are to be removed on the day of the Sale.
9. EXCLUSION OF LIABILITY
9.1 The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect of any loss or damage whatsoever to any property real or personal (including all Lots which remain at the Vendor’s risk until risk passes to the Purchaser in accordance with clause 18.3 below) whether incurred before, during or after the Sale.
9.2 The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of 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.
10. PAYMENT
10.1 All Lots must be paid on the day of the Sale by the Purchaser. All lots purchased on-line through bid-spotter or i-bidder.com must be paid within 48 hours of receipt of our invoice.
10.2 As provided by the Late Payment of Commercial Debts (Interest) Act 1998, the Auctioneers reserve the right to charge the Purchaser(s) interest at 8% above the prevailing base rate set at that time by the Bank of England for any unpaid account.
10.3 If an account remains unpaid and legal action is taken the auctioneers reserve the right to demand in full from the purchaser all legal and professional fees owing from such action.
11. INSPECTION OF GOODS
All Lots are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the sale of the Lots as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. On-line and commission bidders are deemed to have physically inspected the lots. Neither the Auctioneers, their servants or agents are responsible for errors of description or for the genuineness or authenticity of any Lot. No warranty is given by the Auctioneers, their servants or agents or by any Vendor to any Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law.
12. AUCTIONEERS’ RIGHT TO ANNUL SALES
In the event of any dispute or refusal to pay or of non-payment of the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot or Lots.
13. COMPLIANCE WITH ROAD TRAFFIC ACTS
The Purchaser of any vehicle or trailer is responsible for complying with all legal requirements as to the construction and the use of such vehicle or trailer and for obtaining all certificates, permits or other authorisations necessary before such vehicle or trailer can be used on the road.
14. HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND REGULATIONS APPLICABLE TO FARM SAFETY
14.1 The Purchaser of any Lot(s) is responsible for complying with all legal requirements as to the safe use of Lot(s) purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of Lot(s).
14.2 The Auctioneers description and knowledge of the Lot(s) is initially dependant on the information provided by the Vendor. The Auctioneer does not carry out exhaustive due diligence on each Lot(s). The information supplied about the Lot(s) is not a representation of fact but a statement of opinion on the basis of the evidence reasonably available. Purchasers acknowledge these points and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the Lot(s) in which they may be interested
14.3 Where the Vendor has declared any health and safety issues regarding a Lot or the Auctioneers have become aware of any such issues, details of the matter will be given out at the time of sale by the Auctioneer
14.4 It will be the Purchasers responsibility to satisfy themselves as to the health and safety matters. Bidders including the Purchaser acknowledge that Lots have generally been used and many are of an age and type which means they are not in perfect working condition. As such they may not comply with current health and safety legislation and may have faults not expressly referred to in the catalogue or the other information that may be available on individual Lots from the Auctioneers.
14.5 The Purchaser must satisfy himself prior to bidding for any Lot as to its condition and should exercise and rely on his own judgement as to whether the Lot accords with its description. The Auctioneers shall have no liability for the accuracy of the description of any Lot. Unless otherwise stated, no warranty is given by the Auctioneers to the Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. It is the Purchasers responsibility to check the Lot and ensure that its subsequent use is compliant and that identified health and safety concerns are rectified.
15. TRADES DESCRIPTION ACT 1968
The Vendor is reminded that under the terms of the Trade Description Act 1968 the Vendor of any Lots to which a false description is applied may be guilty of a criminal offence punishable by fine or imprisonment.
16. RESERVATION OF TITLE
16.1 If the Auctioneers allow the Purchaser to remove the Lot from the Saleground before the Purchaser has made full payment for the Lot then title to the Lot shall remain vested in the Vendor.
16.2 If the Auctioneers pay the Vendor the price of the Lot before the purchaser has paid the price to the Auctioneers, title to the Lot shall pass to the Auctioneers and shall remain with the Auctioneers until full payment has been made by t he Purchaser to the Auctioneers, when title shall pass to the Purchaser.
16.3 Notwithstanding that the title has not passed to the Purchaser, the Purchaser will be solely responsible for the lots standing in the yard immediately upon sale (the fall of the hammer).
16.4 The Purchaser shall until payment has been made in full keep the Lot in good marketable condition and readily identified and shall indemnify the Vendor or the Auctioneers as the case may be for any damage.
16.5 In the event of any sale by the Purchaser of a Lot before full payment has been made the Purchaser shall hold the proceeds of such sale on trust for the Vendor or the Auctioneer (as the case may be) and shall pay such proceeds into a separate identifiable bank account.
16.6 At the time before the title to the Lot has passed to the Purchaser, the Vendors or the Auctioneers (as the case may be) including the Auctioneers acting as agents for the Vendor, shall have the right to enter upon the Purchasers property for the purposes of recovering the Lot.
17. GOVERNING LAW AND JURISDICTION
For the avoidance of doubt all contracts entered into between the Purchaser and Vendor and between either of them and the Auctioneers on the basis of these standard terms and condition of business are governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
CHEFFINS Auctioneers April 2014