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Terms & Conditions

CONDITIONS OF SALE FOR MACHINERY SALES BY AUCTION

1. DEFINITIONS

In these conditions the following terms have the following meanings unless inconsistent with the context:

“Auctioneers” means Cruso & Wilkin

“Host” means iBidder.com – The host website for this timed online auction.

“Commission” means the commission charged on the sale of Lots

“Conditions” means the standard terms and conditions of business set out in this document

“Buyers Premium” means the premium charged to Buyers on the purchase of Lots

“Lots” means all or any machinery and other items sold or intended to be sold in accordance with these conditions

“Purchaser” means a person, firm or Company who purchase any Lot

“Vendor” means a person, firm or Company who puts forward any Lot intended to be sold at the sale

“Sale” means a sale of the Lots by auction from time to time organized by the auctioneers

“Storage Location” means the venue at which the specific lot is stored during the sale period and is available for viewing.

“Sale price” means the price at which a Lot is sold to the winning buyer.

“Sale Proceeds” means the net amount due to the Vendor being the Sale price of the lot sold less commission and expenses and any other amounts due to the Auctioneer by the Vendor in whatever capacity and howsoever arising

“Reserve Price” means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale

“Auction Period” means the duration of the timed auction as advertised. Any time periods running from the end of the Auction Period commence at the closing time of the Auction Period.

Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations.

2. CONDITIONS OF SALE

All persons registered to bid at the Sale in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions.

3. HEALTH AND SAFETY

Cruso & Wilkin, Cruso & Wilkin Auction & Management, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers contract only as agents for the Vendor and without personal liability. 

(i) All persons viewing a lot are hereby made aware that there may be significant risks on the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.

(ii) All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge.

(iii) Any accidents or incidents that occur on the Storage Location must be immediately reported to the Auctioneers. No machinery must be started without the prior approval of the Vendor or the Auctioneers.

(iv) Any vehicles brought onto the Site to collect lots should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators.

(v) The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.

4. AUCTIONEER’S STATUS

(i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal.

(ii) The parties to the contract of sale are the Vendor and the Purchaser and the Auctioneers as such are not responsible for any default by Vendor or Purchaser.

(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.

5. EXCLUSION OF LIABILITY

(i) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lots) whether incurred before, during or after the Sale.

(ii) The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect or 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.

6. WARRANTY

No guarantee of working order will be given to intending Bidders. No warranty is offered or implied. Each lot is bought and sold as seen.

No warranty is given or implied that any item offered for sale complies with the Health & Safety at Work Act, 1974, or other Act or Acts or Regulations there under governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation there under applicable thereto.

In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties. The Auctioneers shall be the sole Arbitrator in every matter of dispute regarding this sale.

 7. RESERVATIONS

The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser.

 8. CATALOGUES AND ADVERTISEMENTS

The Auctioneers have used their best endeavours to ensure the accuracy of the description of each Lot, but these whether made orally or in writing are expressions of opinion and not representation of fact, and the Bidder relies upon such descriptions at his own risk.

No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for the accuracy of measurement or weight of any Lot or Lots. The Auctioneer does not warrant the Vendor’s Title to any Lot and the latter will be sold with such title as the Vendor may have. 

9. RESERVE PRICE AND BIDDING

(i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers at the end of the Sale.

(iii) No bidding shall be retracted. The bidding increments are regulated by the Auctioneers.

(iv) All Lots must be inspected by the Purchaser. It is assumed that the Bidder has inspected (or is deemed to have inspected) the Lot for which he is bidding and agrees to take it with all faults and imperfections.

(vi) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.

(vii) The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot.

 10. PAYMENT

(i) All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at their discretion.

(ii) On conclusion of the Auction period, the Auctioneers will notify the successful Purchaser by email to confirm:

(a) That their Bid is the winning bidder

(b) The amount of the successful bid

(iii) Attached to the notification email will be an invoice for the amount of the winning bid plus any relevant commission and VAT.

(iv) All lots must be paid for within 5 working days of the conclusion of the Auction period.

(v) The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.

(vi) All payments must be made by either by Cheque, Bankers Draft, Postal Order, Debit Card, Credit Card (subject to an additional 2.5%), BACS or CHAPS. All Payments must be made in GBP. 

11. RESERVATION OF TITLE

(i) The Auctioneers shall ensure that the title in the Lot remains vested in the vendor (or Auctioneers as Agents of the Vendor) until payment in full has been made. If the Vendor has been paid, but the goods not paid for the title remains with the Auctioneers, until full payment has been made.

12. RESPONSIBILITY FOR LOTS

After the close of the sale such risk and duty shall devolve upon the Purchaser.

13. WARRANTY AND INSPECTION OF GOODS

Potential purchasers who do not inspect lots prior to bidding, do so at their own risk.

14. EXPORT OF GOODS

Where items are being purchased for export from the United Kingdom, purchasers will be required to pay a VAT deposit equivalent to the standard rate to UK VAT on all lots. Once the following points are fulfilled, a refund of the VAT deposit will be made to the purchaser. Failure will result in the Vat deposit being paid to the Customs and Excise.

The purchaser must provide the Auctioneers with their VAT/FISCAL NUMBER (to be verified with C&E).

The goods must be removed from the UK within three months of the auction date. The purchaser provides the auctioneers with the valid documentary evidence that the goods have been removed from the United Kingdom.

15. APPLICABLE LAW

These Conditions shall be governed and constructed in accordance with English Law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law.