IN BIDDING YOU ARE ACCEPTING THE TERMS DETAILED IN OUR SALE INFORMATION AND OUR TERMS AND CONDITIONS OF SALE AS OUTLINED BELOW

DETAILS OF VIEWING/PAYMENT/COLLECTION ARE ALL DETAILED IN OUR SALE INFORMATION

ALL ITEMS ARE SUBJECT TO BUYERS PREMIUM + VAT AT THE CURRENT RATE

VAT WILL BE ADDED TO THE HAMMER PRICE OF ALL LOTS UNLESS SPECIFIED

(HAMMER PRICE + VAT) + (BUYERS PREMIUM + VAT)

TERMS & CONDITIONS

1 – CONDITIONS

These conditions along with any special conditions or “Sale Information”, are the only terms and conditions subject to which Butters john Bee acting as agents for the Vendor will contract with buyers. Bidding for any lots shall be deemed to be an acceptance of these conditions and any conditions in our “Sale Information”.

2 – INSPECTION & DESCRIPTION

2.1 Buyers have a responsibility to make their own inspection and investigation of the lots at the time/s and at the premises specified. Buyers should satisfy themselves on all matters affecting lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.

2.2 Goods are believed to be correctly described but all goods are sold with all faults, imperfections and errors of description.

2.3 Neither the Vendor or the Auctioneers makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation of warranty in relation to any lots.

3 LIMITATION OF LIABILITY

3.1 Neither the Vendor nor the Auctioneer shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or the failure of the lots to fulfil the functions for which they were intended.

3.2 The Auctioneers and the Vendors total liability for breach of contract or negligence is limited to the Bid Price.

3.3 Neither the Auctioneers nor the Vendor shall be liable for any indirect or consequential loss or damage (whether it be loss of profit, loss of business, or otherwise) incurred by the Buyer whatsoever.

3.4 Nothing in these conditions excludes or limits the liability of the Auctioneers or Vendor for death or personal injury caused by t heir negligence or fraudulent misrepresentation.

3.5 Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions insofar as they are consistent with such statutory rights.

4 CONDUCT OF SALE

The Auctioneers reserve the right in their absolute discretion to refuse admission to the premises and grounds to any person.

The conduct of the sale shall be at the Auctioneers sole discretion and the Auctioneers reserve the right to refuse any bids without giving any reason. If any dispute of whatever nature relating to a bid shall arise, such dispute shall be determined by the Auctioneers at their absolute discretion and whose decision shall be final and binding on all parties.

Each bidder must register prior to submitting any bids in online sales. Butters John Bee reserves the right to reject any registration at its sole discretion.

The Vendor and Auctioneers reserve the right to fix a reserve price for any lot.

No bid may be withdrawn after the close of bidding

The Vendor or the Auctioneers have absolute discretion to withdraw, consolidate or divide any lot at any time.

The highest bidder for each lot at the close of bidding shall be the Buyer, subject to approval by the Auctioneers and the Vendor. The Sale Price is exclusive of buyers premium and VAT. The highest bid at the close of bidding subject to approval by the Auctioneers and the Vendor also marks a conclusion of a contract of sale between the Vendor and the Buyer.

In making a bid for any lot/s the Buyer does so as principal. The Buyer will be held personally and solely liable for a bid unless the Auctioneers have previously agreed in writing with the Buyer that the bidder will do so on behalf of an identified third party acceptable to the Auctioneers. In circumstances where the Auctioneers have so agreed , the Buyer and the third party will jointly be liable for all obligations arising from the bid where a third party shall be bound by these conditions by the individual bidding as his agent in the same way as if he were bidding personally.

5 – RISK AND TITLE

As from the date and time the Buyer is declared, all risks in and relating to Goods purchased, shall pass to the Buyer and the Buyer is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or the Vendor be responsible if any Goods or part thereof be lost, stolen, damaged or destroyed after the Buyer is declared.

The Vendor shall only sell such title to the Goods as he may have. Neither the Auctioneers nor the Vendor warrants the Vendors good title to any of the Goods and if it is found that the Vendor does not have title or unencumbered title to any of the Goods purported to be sold under these conditions the Buyer expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract.

Title to each of the Goods will not pass until: -

(a)     All debts owed by the Buyer to the Auctioneers (whether part paid secured or otherwise) are settled, for the avoidance of doubt the debts shall not be settled until all payments  have cleared; and

(b)      Such Goods have been removed from the premises at which the sale is held or where the Goods are being stored in their entirety.

6 – REMOVAL

No lot or part lot thereof can be removed until payment in cash, debit card, or bank transfer has been cleared and approved the Auctioneer. No lot shall be removed without the authority of the Auctioneer and unless under supervision of the Auctioneers servants or agents.

Removal shall take place as specified in our “Sale Information” and must be completed by the final date and time given. In every case time shall be of the essence and no extension will be made to these times unless written authority is obtained from the Auctioneers.

The Buyer has no right to anything not described in the auction catalogue.

Prior to the removal of any lot the Vendor may rescind the contract for the sale of that lot and refund to the Buyer any money paid by the Buyer for the lot should any third party claim title to or possession of any part of the lot.

The Buyer will be responsible for the removal of lots at his own expense and must provide his own labour, transport and equipment. Neither the Auctioneer nor Vendor will be liable for any costs incurred by third parties or agents of the Buyer.

The Auctioneers require that in pursuit of safe working practice all equipment used for lifting and transportation should be covered by appropriate insurance and registration documents (in particular but not limited to lifting equipment and forklift trucks). Such documentation shall be produced to the Auctioneers by the Buyer on request for inspection and if the Buyer fails to produce such documentation the Auctioneers reserve the right to refuse to clear the lot/or rescind the sale in which the event the provisions of condition 8 will apply. Furthermore appropriate personal protective equipment (PPE) must be worn during these activities and due regard paid to safe material handling practices.

7 – DAMAGE TO PREMISES

The Buyer shall be responsible for the removal of all goods purchased at his own expense and risk and such removal must be carried out safely and lawfully and in accordance with any conditions of sale of which the Buyer is notified. For the avoidance of doubt removal includes where applicable disconnection from the mains electricity supply and the detachment of any lots which are fixed. All electrical installations must be left in a state condition during and after the removal and the use of explosives or flame cutting equipment or any other potentially hazardous or inflammatory process shall not be permissible on the site without the express written consent of the Auctioneers. The Buyer shall be responsible to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents detaching, disconnecting or removing any goods purchased by  the Buyer. The Buyer shall produce his insurance documentation to the Auctioneers on request and if the Buyer fails to produce such documentation the Auctioneers reserve the right to refuse to clear the lot and/or rescind the sale. The Buyer shall indemnify the Auctioneers  for any damage or loss which the Auctioneers may suffer in respect of loss, damage or injury suffered by the Buyers agents or employees or any third party arising from the removal. At its discretion the Auctioneers may require the payment of a deposit to the Auctioneers prior to and/or during the removal which will be refunded on the removal being completed to the Auctioneers satisfaction. If the Buyer refuses to deposit such monies, the Vendor or the Auctioneers may refuse the Buyer access to the premises for the purposes of removing the lot purchased by them and/or rescind the sale in which event the provisions of condition 8 will apply. The Auctioneers reserve the right to stop the removal of a lot by a buyer, his agents or employees, if it appears to the Auctioneer or its agents or employees that the removal is being carried out in an unsafe or unsatisfactory way.

8 – DEFAULT BY BUYER

Upon failure by the Buyer for whatsoever reason: -

(i)                   To pay a deposit in full if required under the “Sale Information”; or

(ii)                 To pay the purchase price in full on the due date; or

(iii)                To provide any documentation required under these conditions; or

(iv)                To remove the goods in a safe or satisfactory way; or

(v)                 To remove any lot from the premises on or the before the date specified for removal,

The Vendor will be entitled to rescind the contract forthwith without incurring any liabilities to the Buyer and, without prejudice to any claims of the Vendor and/or the Auctioneers against the Buyer arising from breach of contract or otherwise, upon rescission as aforesaid the following provisions apply:

(a)     All monies deposited in part payment will be forfeited and used to pay the Vendors and/or Auctioneers expenses referred to in paragraph (d) below;

(b)     If the lots have been removed in breach of these conditions, the Vendor and/or the Auctioneers their agents may enter the premises of the Buyer to recover such lots;

(c)     Lots may be re-sold or otherwise disposed of by the Auctioneers in the manner they feel appropriate at their sole discretion and deficiency arising upon the resale together with the expenses of it shall be due as a debt from the Buyer in default upon the first sale. The Buyer consents to such a resale on the Auctioneers conditions of business applicable at the time of resale. Neither the Auctioneers nor the Vendor shall be liable to account to the Buyer in the event of a re-sale at a higher price than the price contracted to be paid by the Buyer. The Buyer waives any claim in such a case that he may have title to the lot and agreed that any re-sale price shall be deemed commercially reasonable:

(d)     The Buyer will be responsible from the specified time for final removal for all losses and expense incurred by the Vendor and/or the Auctioneers including storage, security and removal expenses, the costs of re-selling or disposing of lots and Auctioneers commission.

9 – AUCTIONEER AS AGENT

The Auctioneers act only as Agents for and on behalf of the Vendor and shall not be held responsible for any action or default on the part of either the Vendor, bidders or Buyer. Any concluded contract of sale is made directly between the Vendor and the Buyer.

10 – ACCIDENT OR DAMAGE

Neither the Auctioneers nor the Vendor will accept any responsibility for any accident, (except for that arising out of its negligence, or the negligence of its agents or employees, resulting in death or personal injury) howsoever caused to any person which may occur whilst on the Auctioneers premises, the Vendors premises or such other premises used to hold the auction or to store the lots before, during or after the sale and any person entering the premises does so at their own risk and is deemed to have notice of the condition of the premises and their contents.

11 – THE HEALTH AND SAFETY AT WORK ACT 1974 & THE CONSUMER PROTECTION ACT 1987

The goods are not sold as articles for use at work, or at home, they are sold on the understanding that the Vendor does not represent them as being in a condition which makes them suitable for use at work or home. Oil/gas fired, electrical appliances, machinery, plant or equipment are sold as scrap or for refurbishment only, and in their current condition are not necessarily compliant with the requirements of the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987. All purchasers should understand that before using the items at work or selling them on to the consumer for use, they must undertake to refurbish the items and render them compliant with the aforementioned acts. Buyers are required to ensure that the use of any items at a place of work within the EEC & United Kingdom does not contravene any Act of Parliament or regulation applicable to such use.

WE RECOMMEND THAT ALL LOTS ARE INSTALLED BY A SUITABLY QUALIFIED ENGINEER/ELECTRICIAN OR APPROPRIATE SPECIALIST INSTALLER.

12 – DANGEROUS SUBSTANCES

It is expressly brought to the attention of Buyers (and potential buyers) that certain types of plant or main service installations could contain blue and white asbestos, dangerous chemicals and hazardous waste which if not handled correctly during their removal from the premises could be in breach of the Health and Safety at Work Etc. Act 1974 Sections 2-9, Control Of Substances Hazardous To Health Regulations 1988 (COSHH) or other current legislation regulating the use of such substances in a working environment. The Buyer shall ensure so far as is reasonably practicable that they comply with the Health and Safety at Work Etc. Act 1974, COSHH and other current legislation in connection with the removal, handling and transport of such dangerous substances and or hazardous waste or shall employ a specialist contractor to remove them. The Buyer shall, on request, satisfy the Auctioneers in relation to it removal procedures, and the removal of waste materials must be undertaken by an approved and licensed contractor. The Buyer will indemnify the Vendor, their servants or agents against any loss, damages or expenses suffered by them as a result of the Buyers or a sub-contractors failure to comply with this legislation.

13 – NOTICES

Any notices or other communications shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is outside the UK, on the fifth day after posting. If any written notice is delivered by hand, it shall be treated as being received at that time. Any notice sent to the Auctioneers shall be sent to the Auctioneers address as set out in the auction catalogue, or as displayed on the Auctioneers website on the notice specific to that sale. Any notice which the Auctioneers send to the Buyer may be sent to the Buyers last address known to the Auctioneer.

14 – THIRD PARTY RIGHT#

Save as expressly provided in these conditions, no term of these conditions shall be enforceable under The Contracts (Right of Third Parties) Act 1999 by a third party.

15 – GOVERNING LAW

These Conditions and any Conditions contained in the “Sale Information”, along with all associated transactions and all connected matters shall be governed and construed in accordance with English Law.

16 – SEVERABILITY

In the event that any provisions of these conditions shall be held unenforceable for any reason, the remaining conditions shall remain in full force and effect.