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Terms And Conditions

The auction concludes on November 12th 2024 at 12:00. Please refrain from bidding unless you are certain of your ability to promptly pay and collect your items on time.

Payment must be completed within 3 days following the auction date. Collection can be arranged within 8 days, however if lots are not picked up within the time frame, then the lots belong to David Gower. To arrange for item collection, please contact David Gower to schedule an appointment. Please note that David Gower does not provide packaging or delivery services. Also don’t assume David Gower Auctions is always open, ensure you ring or email before setting off.

All items are located at David Gower's premises in Halifax and can be viewed by appointment only. Please be aware that no items are tested or guaranteed, and no refunds or recourse are available for any aspect of the items.

ALL ITEMS "SOLD AS IS" with no warranty given or implied

Please refer to individual lot descriptions to determine if VAT applies. Additionally, a buyer's premium of 17.5% + VAT applies to all lots, regardless of whether VAT is applicable to the hammer price.

Please refer to the following steps for the bidding process:

1) Registration: You must have a Bidspotter (or iBidder) account to participate in our auctions. Please review and understand the rules of each auction before signing up. Credit card details are used for identity verification only.

2) Viewing & Bidding: Viewing is by appointment only and is highly encouraged. No children under 16 are permitted on the premises.

3) Buyer's Premium & VAT: A buyer's premium of 17.5% + VAT applies to all lots. VAT may also apply to the hammer price of certain lots.

4) Payment & Collection: Winning bidders will receive notification emails with payment instructions. Payments must be made online or via bank transfer, and items must be collected within the specified timeframe.

Please ensure timely registration and adherence to all auction rules and deadlines.

COLLECTION DEADLINE: Failure to collect items within the specified timeframe will result in a late collection/payment charge. This charge is intentionally set high to encourage prompt payment and collection.

Items paid for but not collected within one week of the collection deadline will be considered abandoned unless prior arrangements have been made in writing with David Gower. Failure to make payment will result in a suspension on the Bidspotter/i-Bidder platforms, and we reserve the right to sell the items elsewhere if payment is not received within the deadline.

WE DO NOT PROVIDE ANY ASSISTANCE WITH PACKAGING OR POSTAGE - PLEASE NOTE THIS BEFORE BIDDING. We do not supply boxes, packing materials, or delivery services. Therefore, if you arrange for a carrier to collect the items or come to collect them yourself, please be aware that we will only supervise the removal of the items. We will not provide any assistance beyond directing you or your carrier to the lots.

Please review our full terms & conditions for comprehensive information. It's essential to read both the Important Information section specific to this auction and the full lot descriptions before placing any bids.

Some key points to remember:

- All bids are legally binding.

- Payment and collection must be completed within four days unless otherwise stated in the sale's rules.

- We do not offer delivery services.

- Items are sold as seen, and there are no guarantees, refunds, or returns.

- Buyer's Premium of 17.5% applies to all lots unless stated otherwise.

- VAT may apply to the hammer price of many lots.

- Ensure you book an appointment before collection.

If you intend to export the goods and wish for the lot price to be zero-rated for VAT purposes, please ensure you:

- Understand that VAT on the Buyer's Premium cannot be zero-rated.

- Pay an amount equivalent to the VAT at the time of payment, to be held until suitable paperwork is provided.

- Inform us at the time of payment of your intention to claim back the VAT.

- Provide necessary documentation within 12 weeks of the sale date.

- Note that VAT cannot be refunded for UK-based purchasers.

Registration for BidSpotter-hosted auctions is necessary. Upon registration, please ensure you never share your password with unauthorized individuals, as you will be held responsible for any bidding activity on your account. Each auction may have different approval processes, and for David Gower Auctions hosted on BidSpotter, you will need to select a card for identification purposes.

BIDDING APPROVAL PROCESS:

We manually approve bidders after conducting a security check. Please note that outside of office hours, it may take several hours for your approval to be processed after signing up. Therefore, we strongly advise signing up well in advance of the auction's closing date. If you encounter difficulties on the final bidding day, there may not be enough time for approval.

We reserve the right to decline registrations if there are doubts about the bidder's identity or if there is a history of non-payment with BidSpotter auctions. This includes instances where bidders have been blocked by other auctioneers. In some cases, particularly for bidders outside the UK, we may request a refundable deposit via a Payment Request before approval.

Please ensure you thoroughly read all the rules before signing up for any auction, especially regarding approved payment methods and collection deadlines.

REGISTRATION DETAILS MAINTENANCE:

It is essential to regularly review and update your registration details on BidSpotter. We will not alter the details on your invoice under any circumstances. Failure to update your contact information, such as phone number or email address, does not excuse non-payment within the designated timescale. It is the bidder's responsibility to ensure payment is made promptly, regardless of communication from the auctioneer.

PAYMENT PROCESS:

Once the final lot closes, we send out a "Winning Bidder Notification" via the BidSpotter platform, detailing all successfully bid lots, including applicable VAT and Buyer's Premium. This notification is replaced by a VAT-receipted invoice upon receipt of cleared funds in the full amount.

Balances must be paid in full by the date specified in the Important Information section, usually within four working days after the sale closes. We do not accept cash, banker's drafts, or cheques under any circumstances. Payment can only be made online, either via bank transfer or credit/debit card.

COLLECTION PROCESS:

Collections can only be made after full payment for all purchased lots has been received. Typically, collections must be completed within four working days of the sale closing. It is crucial to adhere to this timeframe, especially for items located off-site.

Appointment before collection is necessary.

Lots not paid for and collected by the specified deadline will incur a storage charge, calculated either at £5 per lot per day or 5% of the hammer price per lot per day, whichever is higher, with no exceptions.

TERMS AND CONDITIONS SUMMARY:

1. Agency: The auctioneers act as agents only and disclaim responsibility for defaults by either the buyer or seller. They do not guarantee the title of any lot and will not be responsible for defects in title.

2. The Buyer: The highest bidder acknowledged by the auctioneers will be the buyer. The auctioneers reserve the right to settle disputes, rule the bidding, refuse bids, bid on behalf of the vendor, and withdraw, consolidate, or divide lots.

3. Ownership of Purchases: Ownership of purchased lots does not pass to the buyer until full payment is made. Lots cannot be removed until full payment is received.

4. Transfer of Risk: Lots are sold with all faults and imperfections. The purchaser is responsible for inspecting and satisfying themselves with the condition of the lots. The auctioneers accept no responsibility for any loss or damage to lots.

5. Collection: Purchasers must bring necessary labor, lifting tackle, and equipment to remove their lots. Late collections may incur storage charges and must be made by appointment.

6. Movement of Lots: The auctioneers reserve the right to move lots restricting the use of the premises. Any movement of lots is at the purchaser's risk, and the auctioneers accept no responsibility for any loss or damage.

7. Bidding Authority: Bidders are deemed to have the authority for each bid made and will be held liable for all obligations and liabilities in relation to the sale.

8. Damage: Any damage to lots or premises must be made good by the person committing the damage. No cutting or welding equipment may be used without express permission.

9. Descriptions: Lots are sold as they lie with all faults and errors of description. Prospective purchasers are advised to thoroughly inspect the goods before bidding.

10. Third Party Liability: Visitors to the premises are there at their own risk, and the auctioneers accept no liability for any injury or accident.

11. Additional Items: Items found in, under, or near any lot not mentioned in the catalogue are reserved for the vendors.

12. Provisional Bids / Reserves: The auctioneers may place reserves on lots, and in the event that the reserve is not met, they reserve the right to inform the vendor of the highest bid. In online auctions, reserves may be adjusted up to 24 hours after the last lot closes.

13. After Sales: Lots sold after the auction will still be subject to all the conditions of sale applicable during the auction.

14. Health and Safety Regulations: The Auctioneers and the vendor bear no responsibility for any lot or lots sold that later are found to contravene Health and Safety Regulations. Purchasers must comply with guarding requirements under regulation 15 - Sale or Hire of Machinery to adhere to section 6(8) of the Health and Safety at Work 1974.

15. Time: Time is of the essence concerning all Terms and Conditions, with no exceptions made.

16. Software: Systems or media items sold do not include any software unless explicitly specified in the description. Buyers must remove all programs and operating systems from purchased hard disks or systems that they do not have a license to use.

17. Indemnity: Buyers must indemnify the Auctioneers and the vendor for any actions resulting from their failure to observe Clause 18.

18. NO TRANSFER OF LOTS BY THE BUYER SHALL BE ALLOWED.

19. Important Notice: Prospective purchasers are advised to thoroughly read and understand the Terms and Conditions. By bidding, they accept these Terms and Conditions.

20. Auctions / Tender / Private Treaty: These terms and conditions apply to all sales conducted by David Gower Auctions., including auctions, tenders, private treaty, or any other method of sale.

21. Random Searching of Vehicles: The Auctioneers reserve the right to search vehicles carrying goods before leaving the premises to ensure they correspond to the Auctioneers' particulars.

22. Parking: Vehicles may be parked in the Auctioneers' car park at the owner's risk.

23. Road Traffic Act Requirements: Purchasers are reminded that vehicles or trailers sold may not be roadworthy or compliant with relevant Acts and Regulations. It is a condition of the sale that purchasers do not use them on the road until they comply with all requirements.

24. Export of Goods: The sale does not imply that Department of Trade and Industry Licenses for export will be granted. Buyers must make their own arrangements with H.M. Customs and Excise regarding refunds and export procedures.

25. Lots: The Auctioneers are not obligated to make inquiries about the title of lots. Lots subject to hire purchase or leasing agreements may have their liabilities discharged by the Auctioneers.

These terms and conditions outline the responsibilities and liabilities of both the auctioneers and the bidders, ensuring transparency and fairness in the auction process.

26. Rescission By Vendor: If the vendor cannot provide good title or delivery of a lot before its removal, or if removal would endanger property, the vendor may rescind the sale and refund the purchaser any deposit or purchase money.

27. Variations: No staff member can alter these terms without written authorization by a Director. Invalidity of any term does not affect the validity of the remaining terms.

THE HEALTH AND SAFETY AT WORK ACT, 1974:

Goods are not sold for use at work or at home unless explicitly stated otherwise. Oil/gas fired, electrical appliances, machinery, plant, or equipment are sold as scrap or for refurbishment only and may not comply with safety regulations. All purchasers must refurbish items before use to ensure compliance with relevant acts. Installation should be done by qualified professionals.

These additional terms cover post-sale procedures, health and safety regulations, time sensitivity, software, indemnity, transfer of lots, and other important aspects of the auction process, ensuring clarity and compliance for all parties involved.