JOHN DEERE 1470D TIMBER HARVESTER, , PLUS VAT

• THAINSTONE SPECIALIST AUCTIONS - GENERAL CONDITIONS OF SALE

  A Member of ANM Group Ltd

  Thainstone Centre, Inverurie, Aberdeenshire, AB51 5XZ

   

  1.     These conditions together with those set out in the Notice to Purchasers either displayed at the sale or appearing in the Sale Catalogue are the terms and conditions on which Thainstone Specialist Auctions (“The Auctioneer”) will as agents for the Seller sell goods to a purchaser (“The Buyer”).  The terms and conditions are binding and buyers and sellers should read them carefully.

  2      (a)    The parties to the contract are the Vendor and the Buyer, the Auctioneer acting only as agents for the Vendor.

  (b)    The parties will be responsible for, indemnify and hold harmless the Auctioneer, its officers and employees for any loss or damage of any kind and including personal injury fatal injury or disease occasioned to or suffered by any person arising out of or in connection with the performance of the contract between the Vendor and the Buyer.

  3.     (a)    Prior to commencement of the sale intending buyers should register their interest with and obtain a bidding number from the Auctioneer;

  (b)   Immediately following the fall of the hammer the Buyer will if required to do so by the Auctioneer, pay to the Auctioneer in cash or otherwise as the Auctioneer may agree the price of each lot which the Buyer has purchased or such deposit as the Auctioneer may require and will supply the Auctioneer with whatever information the latter may require concerning the identity and address of the Buyer;

  (c)    Any balance of the price due by the Buyer will be paid to the Auctioneer within 2 working days of the date of sale or on or before the date specified in any applicable Notice to Purchasers whichever is the earlier;

  (d)   It is an essential condition that all lots are removed by the Buyer from the premises at which they are sold (subject to the conditions set out in Para 15) within 4 days of the date of the sale or not later than the time and date specified in any applicable Notice to Purchasers whichever is the earlier;

  (e)    If the Buyer fails to comply with any condition in Para 3, the Auctioneer will use his best endeavours to resell the lot or lots and the Buyer will be liable to the Vendor for any loss incurred by the Vendor (including costs and charges necessarily and reasonably incurred by the Vendor’s agents)   in connection with such resale and the Buyer’s breach of contract   Any deposit or other sum paid by the Buyer may be retained and applied towards that loss.

   (f)   Without prejudice to any claims that the Auctioneer and/or the Vendor may have against the Buyer for breach of contract or otherwise, the Buyer will be liable from the expiry of the time referred to in Para 4(d) hereof for all expenses incurred in storing and re-selling and/or otherwise disposing of the said lot or lots.

  4      At the discretion of the Auctioneer, the Auctioneer may at the request of a buyer bid on behalf of that buyer. Such a bid shall be referred to as a “Commission Bid”. Any buyer wishing a commission bid must complete a Purchaser’s Buying Order which must be deposited with the Auctioneer no later than one hour before the sale starts. Where a commission bid is accepted by the Auctioneer the Auctioneer shall have no responsibility whatsoever to the Buyer in respect of any failure on the part of the Auctioneer to (1) bid on the Buyer’s behalf, unless said failure to bid is unreasonable; or (2) to secure the goods in question.

  5.     (a)    Although the Auctioneer has used its best endeavours to ensure that the description of each lot appearing in any Sale Catalogue is accurate, the Buyer is advised to inspect any lot for which he intends to bid to satisfy himself as to the accuracy of any such description.   Unless stated otherwise in the Sale Catalogue any description is for guidance only.  The Auctioneer, as agent for the Vendor, will only be liable to the Buyer where the Auctioneer has wilfully or negligently mis-described a lot in any material or fundamental way.

  (b)   The Auctioneer as agent for the Vendor and on behalf of the Vendor excludes liability for any loss, damage or injury sustained by the Buyer as a result of or in connection with any defect in any lot purchased or any failure in the lot to fulfil any intended use.  The Auctioneer will not be liable for any damage or loss sustained to any lot whilst in the Auctioneer’s premises unless said damage or loss arises solely as a result of fault or negligence on the part of Auctioneer.

  (c)    The Auctioneer does not warrant the Vendor’s title to any lot and all lots are sold with only such title as the Vendor may have.

  6.     Subject to Para 6(a) and (b) the Buyer will by bidding for any lot be deemed

  (a)    to be satisfied as to its authenticity and condition and

  (b)   to purchase with note of all (if any) defects with no right to reject the goods after purchase because of any defect or failure in description or condition.

  7.     The Auctioneer may at its discretion or on the instructions of the Vendor

  (a)    alter or withdraw any lot up to the fall of the hammer relative to the lot;

  (b)   withdraw any lot if the highest price bid shall fail to reach the reserve price placed on that lot and

  (c)    where two or more consecutive lots are similar in quantity and description, offer the second and/or subsequent such lots (or any of them) to the bidder purchasing the first at the same price.

  8.     Bidding shall be regulated by the Auctioneer in such manner as it may reasonably think fit.  This means that the Auctioneer may reasonably refuse any bid or may itself bid for the lot in question on behalf of any third party.

  9.     Subject always to any reserve price each lot shall be sold to the highest bidder and if any dispute arises it shall be dealt with in such manner as the Auctioneer may in its reasonable discretion determine.

  10.   The Buyer will pay to the Auctioneer a premium on the hammer price at a rate as displayed in the Notice to Purchasers and to which will be added Value Added Tax at the current rate.  The Buyer agrees that the Auctioneer, when acting as agent for the Vendor, may also receive commission from the Vendor.

  11.   The agreement between Vendor and Buyer becomes binding upon fall of the hammer.  Ownership of any lot purchased will not pass to the buyer until the Auctioneer has received the purchase price of that lot in cleared funds.  Risk of damage to or destruction of any lot will pass to the Buyer at the time that ownership of that lot passes to the Buyer or at the time that the Buyer takes possession of the lot, whichever is the earlier.  The Auctioneer will only be responsible for damage to or destruction of any lot where that damage or destruction arises as a result of fault or negligence on the part of the Auctioneer.

  12.   Unless a sale is notified as Value Added Tax inclusive the price at which the Buyer purchases each lot will be exclusive of Value Added Tax which will, when due, be added to the price at the appropriate rate.

  13.   The Vendor or any agent acting on its behalf may bid for any lot or lots offered for sale at the Auction, in which case the premium referred to in condition 11 hereof will be applied.

  14.   (a)    The Buyer will not be permitted to remove any lot from the sale premises until all purchase monies have been paid;

  (b)   Subject to 14 (a) hereof the Buyer will only be permitted to remove lots from the sale premises with proof of purchase.

  (c)    If any party claims ownership of any lot or part of any lot prior to its removal from the sale premises, the Auctioneer reserves the right to either rescind the sale or permit removal from the premises subject to such conditions as it may reasonably decide and

  (d)   The entry of the Auctioneer in the sale roll will (except for manifest error or omission) be evidence of the identity of the Buyer and the price of any lot.

  15.   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 sale premises where sold) in removing the lot(s) purchased. If, in the Auctioneer’s opinion, removal of any lot or part may occasion damage to the sale premises, or any other damage which the Buyer does not agree to make good, the Auctioneer may by notice to the Buyer rescind the sale of such lot. Alternatively, the Auctioneer may require the Buyer to deposit such sum of money with the Auctioneer as it may decide by way of caution for the cost of making good any such damage.

  16.   The Buyer will only be able to take delivery of any lot during normal working hours and only after the Auctioneer has received payment for that lot in cleared funds.  Delivery must be taken within a reasonable time after the Auctioneer has received payment.

  17.   Where any goods purchased by the Buyer can be used in a working environment it will be the responsibility of the Buyer to ensure that the use of such goods does not contravene the statutory provisions governing such use and by taking delivery the Buyer will free and relieve the Auctioneer and the Vendor of all liability in respect of such use.

THAINSTONE SPECIALIST AUCTIONS

                                                                 (a member of ANM Group Ltd)

                                                          Thainstone Centre, Inverurie AB51 5XZ

                                             CONDITIONS OF SALE OF MOTOR VEHICLES

1.             The Parties and TSA

1.1           The parties to the contract are the seller and the buyer.

1.2           TSA acts as agents for the seller.

1.3           The parties will be responsible for, indemnify and hold harmless TSA, its officers and employees for any loss or damage of any kind and including damage caused to property as well as personal or fatal injury or disease caused to or suffered by any person arising out of or in connection with the performance of the contract between the Vendor and the Buyer.

2.             Certification

TSA reserves the right not to accept a vehicle for sale unless and until there have been lodged by the seller with TSA a valid vehicle registration document and MOT certificate.

3.             Title Warranty

The seller warrants that he is the owner of the vehicle and that he has the right to sell it free of any charge or hire purchase or other credit agreement.

4.             Vehicle Warranties

4.1           Where a vehicle is sold “with warranty” the seller warrants that it is free from defects in the engine, gearbox, clutch, back axle, brakes, steering and chassis and that it includes a jack and spare wheel.  The seller must disclose any known defect (including but not limited to the aforesaid defects) and the buyer of a vehicle with such a disclosed defect will not be entitled to reject it on the ground of that defect.

4.2           Where a vehicle is sold “without warranty” buyers must before bidding satisfy themselves as to what is offered for sale and by bidding they will be held to have satisfied themselves that the vehicle is satisfactory in all respects. Such a vehicle will be purchased “as seen” by the buyer who shall have no right to reject the vehicle, to claim damages or any other remedy of whatsoever nature other than for a breach of the warranty in 3 above. The buyer of such a vehicle must ensure that before it is used on the public roads it is in roadworthy condition.

4.3           Whether a vehicle is sold with or without warranty will be displayed on its windscreen prior to the sale and will be announced by the auctioneer at the time of the sale.

4.4           For the avoidance of doubt no warranty is given by or imported against the seller or the Auctioneer in respect of any mileage shown either on the odometer of the vehicle or the entry form unless the seller indicates that the mileage is warranted.

5.             Bidding

5.1           The auctioneer may reasonably refuse to accept bids from any person or persons and if any dispute arises as to any bid, the auctioneer shall be entitled, at his reasonable discretion, either to decide the dispute, in which case his decision will be final and binding, or to withdraw the vehicle and expose it for sale of new.

5.2           The vehicle will be sold to the highest bidder unless the seller has entered the vehicle for sale with a reserve price in which case the authority of the seller to accept a bid other than the reserve price must be obtained otherwise the vehicle shall be withdrawn from sale.

5.3           Whether or not there is a reserve price, the seller may withdraw a vehicle at any time before the vehicle enters the sale ring, in which case the seller will pay a withdrawal fee together with any expenses and other charges reasonably incurred by the Auctioneer in connection with the exposing for sale of that vehicle.  The Seller will not be liable for the withdrawal fee and other charges where the Auctioneer has breached its contract with the Seller in any material way.

5.4           The seller may withdraw a vehicle after the vehicle has entered the sale ring, in which event the seller will pay an unsold fee together with any expenses and other charges reasonably incurred by the Auctioneer in connection with the exposing for sale of that vehicle.  The seller will not be liable for the unsold fee and other charges where the Auctioneer has breached its contract with the seller in any material way.

6.             Payment

6.1           The fall of the auctioneer=s hammer concludes a contract of sale between the seller and the buyer.

6.2           The buyer must then immediately pay to TSA either the full price or a deposit of the lower of either 10% of the price or such other sum as is stated on a notice displayed in the sale premises and that either in cash or by bank draft.

6.3           Where such deposit is paid, the balance of the price must be paid to TSA not later than 12 noon on the day following the sale.

6.4           If the price is not so paid, the vehicle may be resold or otherwise disposed of and the buyer will be liable to the seller for any reasonable loss incurred by the seller (including costs and charges reasonably incurred by the seller’s agents) in connection with such resale or disposal.  Any deposit paid by the buyer may be retained and applied towards that loss.

6.5           No buyer shall remove any vehicle from the sale premises until payment of all sums due has been made and any cheque presented by the buyer has been honoured.

6.6           The seller will not be entitled to receive payment of the proceeds of the sale of the vehicle from TSA unless and until TSA have received full payment of the sale price.

6.7           Where applicable VAT shall be added to the price in accordance with legislation prevailing at the time of the contract.

7              Breach of Vehicle Warranty

7.1           Notification of any alleged breach of warranty must be made to and the vehicle returned to TSA by the buyer by no later than 12 noon on the day following the day of sale. TSA will inspect the vehicle as soon as possible after return of the vehicle and in any event within 2 hours of said return.

7.2           In the event of TSA accepting that there has been a breach of warranty the buyer shall be entitled to such compensation or other remedy as shall be agreed between buyer and seller. Nothing contained in this Clause shall prevent buyer or seller raising appropriate court proceedings.

7.3           In the event of TSA not accepting that there has been a breach of warranty the buyer must uplift the vehicle within 24 hours of intimation by TSA to the buyer of TSA’s decision. Nothing contained in this Clause shall prevent buyer or seller raising appropriate court proceedings.

8              Rejection

Intimation of rejection must be made to and the vehicle returned to TSA by the buyer by no later than 12 noon on the day following the day of the sale. Where the buyer alleges that the vehicle cannot be driven as a result of the alleged defect, intimation of this must, if reasonably requested by TSA, be supported by a Report from an Independent Motor Engineer or from another independent party reasonably acceptable to TSA, said Report to be received by TSA within such time as TSA may reasonably specify. TSA will inspect the vehicle within 2 hours of receipt of intimation of rejection and may arrange for the inspection of the vehicle by an Independent Motor Engineer.  In the event that the seller and buyer agree that rejection is justified (1) the buyer shall be entitled to a refund of the purchase price and payment of the reasonable costs incurred by the buyer in connection with the rejection; and (2) the seller will be responsible for the cost of the Motor Engineer’s report obtained by TSA. In the event that the seller and buyer agree rejection is not justified the buyer will be responsible for the cost of the Motor Engineer’s report obtained by TSA and for any other reasonable costs incurred by TSA and/or the seller in connection with the unjustified rejection.  Nothing contained in this clause shall prevent either buyer or seller raising appropriate court proceedings.

9.             Risk

9.1           Until property in a vehicle passes to the buyer the vehicle is at the seller’s risk and the seller must maintain appropriate insurance cover on the vehicle. whilst being test driven or demonstrated the vehicle will be covered by TSA’s insurance.

9.2           Property in the vehicle and risk will pass to the buyer when TSA have received the purchase price of the vehicle in cleared funds.

10.           Title

Property of the vehicle will remain with the seller until the buyer has paid the purchase price in full in cleared funds.  Until property has passed to the buyer possession of the vehicle may be recovered by the seller.

11.           Buyer’s Protection Insurance Premium

A fee in respect of the Premium is payable in addition to the sale price on all lots purchased.  The cover is such that, if the vehicle purchased has been an insurance total loss (and not declared at the time of sale), is stolen property or is subject to an undischarged hire purchase agreement and is to be repossessed, the purchase price will be repaid in full.  The period of this cover will be one year from the date of purchase and will be limited to the purchase price of the vehicle.  The fee in respect of the premium is non refundable to buyer. 

VAT - Notice to all EU buyers 
Please note that HMRC are enforcing standard VAT on all purchases made in the UK 
until adequate proof of goods being exported is provided. 

Adequate proof is detailed as: 

1.  Written order from your customer which shows their name, address and EC VAT 
number and the address where the goods are to be delivered. 

2.  Copy sales invoice showing customer’s name, EC VAT number, a description of 
the goods and an invoice number. 

3.  Date of departure of goods from your premises and from the UK. 

4.  Name and address of the haulier collecting the goods. 

5.  Registration number of the vehicle collecting the goods and the name and 
signature of the driver and, where the goods are to be taken out of the UK by a 
different haulier or vehicle, the name and address of that haulier, that vehicle 
registration number and a signature for the goods. 

6.  Route, for example, Channel Tunnel, port of exit. 

7.  Copy of travel tickets. 
8.  Name of ferry or shipping company and date of sailing or airway number and 
airport. 

9.  Trailer number (if applicable). 

10.  Full container number (if applicable). 

11.  Name and address for consolidation, groupage, or processing (if applicable)..

Until the above criteria are met Standard rate VAT must be applied to all purchases. 
On submission of the above, VAT will be refunded to the purchaser.