Avivo Lighting PD1609-3B GOLD PLATED

Auction Terms and Conditions

Viewing

Viewings will be STRICTLY by appointment and will be accompanied by ITC Valuers Ltd representatives. Viewings will be booked for groups of two maximum, and we would like to know the specific lots you wish to view.  We have included detailed images and descriptions of each lot in our auction. However, should you have any enquiries regarding any of the lots in this sale, please submit these as soon as possible by e-mail to info@itcauctions.co.uk

Clearance/Collection of lots

Collections will be strictly by appointment only, we will give you a 30 minute time slot for your collections (please note, more time may be allocated if we feel it necessary due to the Lot(s) purchased in particular the machinery Lots, if you do not make an appointment or miss the agreed time slot you will not have access to your lots until further arrangements have been arranged and agreed.

The only exception to this will be purchasers of Lots which will need to be dismantled/removed by the purchaser on a strict appointment only basis. If you are interested in purchasing any of these lots, please see the individual lot descriptions for details on who to contact to discuss these arrangements.

Details of how to make an appointment to arrange collection will be supplied by email and will accompany your auction invoice.

Anyone who arrives without a prior collection appointment may be refused access to the site.

Couriers

Successful buyers are welcome to organise their own couriers. We are happy for you to choose to use this option, then we ask that all courier information will need to be supplied by email. Please note it is likely that not all our auction locations will have packaging materials and couriers may have to pack the item, this can be confirmed with the auctioneer and will also be subject to the lot(s) you have purchased.

Machine De-Commissioning/Moving

If a machine removal Company is to be instructed to act on your behalf in uplifting/removing your equipment from site, we shall require your written confirmation in advance of the name of the Company you have nominated and their contact details. They should also be issued with written instructions from you which they should bring with them on collection detailing which lots they are collecting. Collection to be arranged strictly by prior appointment.

SPECIAL CONDITIONS OF SALE

• VIEWING: Viewings are will be STRICTLY by appointment only at the following location ITC Valuers Ltd. Newhouse Farm, Sheering Lower Road, Sawbridgeworth, CM21 9LE.

N.B. The Auctioneers hereby specifically exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may attend at the premises for the purpose of the auction, inspection, purchase, collection or any other business.

• SALE CLOSES: From 14:00 BST Monday 2nd December 2024. Please note that in the event of a bid being received within 10 minutes of the scheduled closing time, the bidding period on that lot will automatically extend by a further 10 minutes. IMPORTANT: PLEASE NOTE THAT WHEN BIDDING DO NOT FORGET TO REGULARLY REFRESH YOUR SCREEN TO ENSURE YOU ARE AWARE OF ALL CURRENT BIDS.

• REGISTRATION: To register for this sale please click on the 'bidspotter' link or visit bidspotter.co.uk and click on the appropriate ITC Valuers sale.

• BUYERS PREMIUM: The successful bidder will pay 15% plus VAT Buyer’s Premium in addition to the Hammer Price.

• VALUE ADDED TAX (VAT) will be charged at 20% on both the hammer price and the Buyer’s Premium. Any exceptions to this will be noted against the Individual Lot. Purchasers from overseas should note that the VAT on the Buyer’s Premium is not recoverable.

• VALUE ADDED TAX ON GOODS FOR EXPORT: Buyers from within the European Union who produce full details of their trading name and address and VAT registration number at the time of registration will not pay VAT on the hammer price of the goods but will pay VAT on the buyer’s premium. Buyers from outside the European Union will pay VAT upon the hammer price and the buyer’s premium. If the purchaser subsequently produces documentary evidence of permanent export from the United Kingdom within 3 months from the date of sale, then the VAT on the hammer price only will be refunded. Satisfactory documentary evidence will include Certified Bill of Lading, Commercial Invoice and Packing List.

• PAYMENT: Payment is required IMMEDIATELY by 12:00 noon on Wednesday 4th December 2024 upon receipt of invoice unless alternative arrangements have been made with the Auctioneers prior to the sale. We accept payments by BACS / CHAPS paid directly into our Clients Account. Payment details as follows:

Account Name: ITC Valuers Ltd Client Account

Ref: Invoice Number.

NatWest Bank

Sort Code: 60 - 07 - 39

Account No: 50190032

IBAN: GB09NWBK60073950190032

BIC: NWBKGB2L

For Payments from outside of the UK, please ensure your payment includes any necessary bank charges in order that the auctioneer receives the full hammer price, buyer’s premium and any applicable taxes. Failure to send the correct monies will result in delays in collection and may mean the goods are sold elsewhere. 

Important Notice - Money Laundering Regulations 2012 - Please note that in order to comply with the Money Laundering Regulations we are unable to accept cash payments in excess of £12,000 (€15,000).

Cheques are not accepted. Bankers draft are accepted with prior approval.

• TRANSFERS: ITC Valuers will not recognise the sale of accounts (or parts of accounts) to third parties and we will only accept payment from and allow removal of items by the successful bidders themselves or their appointed agent.

• PURCHASE OF GOODS THROUGH A FINANCE COMPANY: Please notify us well in advance of the sale if you are intending to purchase though a finance company. This is to ensure that the Finance Company is able to make payment in accordance with the General & Special Conditions of Sale.

• REMOVAL OF LOTS: The goods are at the risk of the Buyer immediately upon receipt of invoice from the Auctioneers and should be removed as soon as possible for security reasons. All removals are to be completed STRICTLY by appointment only from 4th December 2024 to 11th December 2024 between 9:00am and 4:00pm.

Please see individual lot descriptions for further information.

General Sales Information: Contact details below:

ITC Valuers Ltd

Brickfield House

High Road

Epping

CM16 6TH

United Kingdom

Contact Details:

Laura Jones

Mobile: +44 7852 547 867

Email: Laura.Jones@itcvaluers.co.uk

Auctions Line

Telephone No: 01992 566 665

Email: info@itcauctions.co.uk

Terms & Conditions

By participating in this Online Auction, you consent to be bound by these terms and conditions in addition to our general terms and conditions as well as any additional terms that may be imposed by the seller or announced at the auction, included within the Notice to Purchasers and/or set forth on individual asset lot pages.  For the purposes of these terms and conditions, we refer to any person or entity registering to offer or offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded.

1. Auctioneer's role in Online Auctions - For the purpose of the Online Auctions the relevant ITC Valuers Company named in the Notice to Purchasers or its agent will be the auctioneer and agent for the seller (the "Auctioneer") and will sell goods to a buyer. The Auctioneer may at its discretion or upon the instruction of the seller:

(a)   alter or withdraw all or any lots up to the moment at which such lot(s) are indicated as "SOLD" (the "Announcement of Sale");

(b)   where a reserve has been placed on any lot, withdraw that lot in the event that the highest bid price at the end of the Online Auction does not meet the reserve; 

(c)   combine (including in bulk), sub-divide or amend a lot or lots as the Auctioneer deems appropriate. And/or

(d)   Buyers agree that ITC Valuers and/or, where applicable, the Auctioneer may at any time and from time to time without notice: (i) discontinue an Online Auction either temporarily or permanently; or (ii) extend an Online Auction beyond the period indicated on the Site.

2. Sale - Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which a lot will not be sold.  The reserve price may be decreased by the Auctioneer or seller at any time before or during the auction.

Subject to the reserve price (if any) being met, each lot shall be sold to the highest bidder. All sales are final. In the event of any dispute arising between buyers such dispute shall be dealt with in such manner as the Auctioneer may in its absolute discretion determine. The Auctioneer reserves the right to resell any lot in dispute by putting it up for auction again. The Auctioneer reserves the right to rescind any sale for any reason in which case the buyer’s sole remedy shall be the refund of the amount of the purchase price and any Buyer’s Premium actually paid.

The completion of a sale shall be indicated on the Site by showing the item as "SOLD" online.

The exception to the above is if a lot is also being offered for sale together with one or more other lots as a combination, this is indicated on the lot's individual website page. In this case, a bid can first be placed on the separate lots of the combination, and after the close of bidding for all separate lots, on the combined lot. Individual lots will only be awarded if the total amount of the highest awardable bids on the individual lots is greater than the highest awardable bid on the combination. The combination will only be awarded if the highest awardable bid on the combination is greater than the total sum of the highest awardable bids on the individual lots.

3. Regulation - Bidding shall be regulated by the Auctioneer in such manner as it may think fit and, without prejudice to the generality of the foregoing, the Auctioneer may without ascribing any reason therefore, refuse to accept any bid or may facilitate automatic bids on behalf of buyers during the Online Auction process.

4. Notice to Purchasers - The Site will show a separate Notice to Purchasers for each Online Auction which will stipulate a payment date ("Payment Date") for each lot in an Online Auction and the date by which the goods will have to be removed by the successful buyer ("Clearance Date" or "Removal Date") and certain other terms and conditions which form part of these Terms and Conditions.

5. Buyer's Premium - The buyer will pay to the Auctioneer such premium ("Buyer's Premium") on the Announcement of Sale as stipulated in the Notice to Purchasers for the Online Auction in question to which will be added any applicable value added tax or the equivalent or similar sales taxes in the relevant jurisdiction at the current rate. The Buyer's Premium is not negotiable and is payable by all buyers. The Auctioneer, when acting as agent for the seller, may also receive commission from the seller.

6. Buyer's obligations

(a) Payment
Unless otherwise provided for in the Notice to Purchasers for the Online Auction in question, immediately after the Announcement of the Sale, the successful buyer shall pay a 25% deposit towards the purchase price. Where applicable, buyers expressly authorise ITC Valuers and/or the Auctioneer to charge buyers’ credit cards for the amount of such deposit. If a successful buyer fails to make a timely deposit, the Auctioneer and the seller may resell the item in question without notice. In addition, unless otherwise provided for in the Notice to Purchasers, the successful buyer shall pay the full purchase price of the lot (including in addition Buyer's Premium and any value added tax or the equivalent or similar sales taxes) to the Auctioneer on behalf of the seller (in cleared funds) on or before the Payment Date. More information about the applicable taxes may be given in the Notice to Purchasers for the Online Auction in question, however, buyers should seek their own tax advice. The buyer agrees that invoices may be issued in electronic form by email.

Payment shall be made in the currency specified on the relevant Notice to Purchasers. Any bank charges in respect of conversion or transfer of monies shall be met by the buyer. If goods are exported, tax refunds or zero rating may apply, tax refunds (if any) will be made by the Auctioneer, subject to receipt of (i) satisfactory proof of export by the buyer; (ii) the corresponding amount of tax refund from the relevant tax authority or the seller and (iii) the relevant tax forms (if applicable).

(b) Collection/Removal
Unless otherwise provided for in the Notice to Purchasers for the Online Auction in question, the buyer will:
i. remove lots from the seller's premises during normal business hours and not later than the Clearance Date/Removal Date for the lot in question and this condition shall be of the essence of the contract;
ii. only remove lots by previous arrangement with, and subject to the supervision of, the Auctioneer or its agent(s) or appointed representative(s);
iii. not be permitted to remove any lots it has purchased from the seller's premises until all sums due in respect thereof have been paid; and
iv. be responsible for the removal and insurance of the purchased lot(s) at its own expense.

If, in the Auctioneer's opinion, removal of any lot or part thereof will be likely to cause serious damage to the seller's premises, or any other damage which the buyer is either unable or unwilling to rectify, the Auctioneer may by notice to the buyer rescind the sale of such lot or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose. ITC Valuers shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines.

The buyer shall provide, or ensure that their agent(s) performing removals on its behalf, provide on demand, evidence of insurance policies reasonably satisfactory to the Auctioneer, ITC Valuers and/or the Seller.

Should any party claim possession of or title to all or part of a lot prior to its removal from the seller's premises, the Auctioneer reserves the right to rescind the sale thereof or to remove or permit the removal thereof from the seller's premises subject to such conditions as it may think fit to impose.

Should the buyer fail to comply with any of the foregoing requirements the lot or lots which have been subject to an Announcement of Sale to him or any part thereof may, without further notice, be re-offered for sale, destroyed or otherwise disposed of by the Auctioneer in any manner as it shall in its absolute discretion deem fit, and any monies paid shall be forfeited.

Without prejudice to any claims that the Auctioneer and/or the seller may have against the buyer for breach of contract or otherwise the buyer will become liable from the Clearance Date/Removal Date for all storage, security and administration expenses and the cost of and incidental to re-selling and/or otherwise disposing of uncleared items.

7. Buyer's responsibilities and conduct - The buyer will be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and, in particular, to the seller's premises) in removing the lot(s) it has purchased. Should the Auctioneer consider such damage likely to occur, it may require the buyer to deposit such sum of money with the Auctioneer, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of a lot, as the Auctioneer may require. Should the buyer refuse to deposit such monies, the Auctioneer may refuse the buyer access to the seller's premises for the purpose of collecting all or any of the lots it has purchased, or rescind the sale of such lot.

By placing a Bid on a lot, the buyer represents, warrants and undertakes that it has the authority and capacity to enter such Bid and close the transaction and that any Bid that it makes constitutes an irrevocable offer to buy the lot in question for the full amount of the Bid.

8. International statutory compliance exclusion
a) It is expressly brought to the buyer's attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s):

may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and

could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislations covering the use of such substances in a working environment in the UK, the EC, the United States or any other relevant jurisdiction.

(b) The buyer undertakes to:

remove, ship and use any purchased plant and equipment within the UK or EC or any other relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations;

comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by the Auctioneer in relation to the removal/disposal of waste including hazardous waste.

Participants agree to comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Participants acknowledge that the Auctioneer is not the exporter of any asset unless expressly stated. The Auctioneer gives no representation or warranty concerning and has not conducted any investigation to ascertain which items, if any, constitute, for example, “Restricted Technology” for US law purposes or whose export is otherwise restricted under applicable law. The Auctioneer and the seller reserve the right to cancel or rescind any sale in an Online Transaction at any time if either of them determines, in its absolute discretion that the sale does or may violate applicable export or import control or related laws and regulations.

9. Intellectual Property Rights - The buyer acknowledges that any software or intellectual property rights attaching to a lot or lots may not be the property of the seller or capable of transfer by the seller. Neither the seller nor the Auctioneer is in any way authorising the use by the buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the buyer's sole risk.

10. Transfer of risk - Upon the Announcement of Sale the buyer shall assume all risks in and relating to such lots. The buyer is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of the Auctioneer and/or the seller to make lots available shall be deemed performed upon Announcement of Sale even if a lot is subsequently damaged and/or part thereof has been lost.

Property and title in each lot shall not pass to the buyer until:
(a) full payment therefore has been received or (where payment or part payment is made by cheque) until the cheque(s) in question have been cleared; and
(b) each such lot has been removed from the seller's premises in its entirety.