1 x DIMPLEX QUANTUM QM070 046154 Room Heater 230-240V 1560W/630W complete with retention cells.

Main Terms and Conditions of Sale:

In bidding you are accepting the terms detailed in our NOTICE TO PURCHASERS and our TERMS AND CONDITIONS OF SALE

Details of viewing arrangements, acceptance of bids, payment & clearance terms are detailed in our NOTICE TO PURCHASERS.

CONDITIONS OF SALE BY ON-LINE AUCTION

1: Conditions

These Conditions, together with any special Conditions or ‘Notice to Purchasers’, are the only Terms and Conditions subject to which The Electric Salvage Company Ltd acting as agent or Vendor will contract with Buyers. Bidding for any lot shall be deemed to be an acceptance of these Conditions and any Conditions in the Notice to Purchasers. If there is any inconsistency between any of these Conditions and anything in the Notices to Purchasers, then those in the Notices to Purchasers shall prevail.

2: Inspection and 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, and to satisfy themselves on all matters affecting the 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. Lots may be new, used, soiled, damaged, broken or incomplete. No guarantee is expressed or implied either by the Vendor or the Auctioneers in the lots as to performance, output, reliability, service, suitability for purpose, quantity, size or any other matter.

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 nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lots.

3: Limitation of Liability

3.1 Neither the Vendor nor the Auctioneers, their servants or agents 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 fulfill the functions for which they were intended

3.2 The Auctioneer’s and the Vendor’s 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 for 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 their 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 only insofar as they are consistent with such statutory rights.

3.6 Auction sites are potentially dangerous. Flammable, noxious, corrosive and pressurised substances are present, heavy equipment is being operated, forklift trucks are in use, and electrical circuits may be live. Every person on the Auctioneers` premises at any time should be deemed to be there at his own risk, and with Notice of the Condition of the premises and the method of arranging the lots, etc. He/she shall have no claim against the Auctioneers in respect of any injury he/she may sustain or any accident which may occur, prior to, during or after the sale, or at any other time on the Auctioneer’s premises.

3.7 Visitors to the premises will indemnify the Vendor and the Auctioneers against all suits, claims, demands and actions whatsoever which the Vendor may suffer in connection with that item.

3.8 Neither the Vendor nor the Auctioneers recommend any other organisation or represent the competence of any other organisation`s representatives or advertising literature which is at or about the Auction Premises by reason of the fact that the Vendor or Auctioneers have allowed such representation or literature to be available or distributed at the Auction Premises.

4: Conduct of Sale

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

4.2 The conduct of the sale shall be at the Auctioneer`s sole discretion and the Auctioneers reserve the right to refuse any bids without giving any reason. If any dispute of whatsoever 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.

4.3 Each bidder must register prior to submitting any bids in On-Line sales. The Electric Salvage Company Ltd reserves the right to reject any registration at its sole discretion.

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

4.5 No bid may be withdrawn after the close of bidding.

4.6 The Vendor or the Auctioneers have absolute discretion to withdraw, consolidate, or divide any lot at any time. Where a lot consists of more than one item, bids will be considered as being for the whole lot.

4.7 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 the buyer’s premium and VAT. The highest bid at the close of bidding subject to approval by the Auctioneers and Vendor also marks a conclusion of a contract of sale between the Vendor and the Buyer.

4.8 In making a bid for any lots, 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 Buyer 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 and severally 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.

4.9 Where the Vendor has placed a reserve price upon a lot which is not reached when the lot is offered, then the Auctioneers will inform the Vendor of the highest bid made, and in the event that the highest bid or a later bid is acceptable by the Vendor, then the highest bidder will become the buyer of the lot, and be bound by the Conditions of Sale. The Auctioneers retain the right to place a reserve on any lot (on the Vendor’s behalf) at any time up to the fall of the hammer.

5: Risk and Title

As from the date and time the Buyer is declared, all risks in and relating to the 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 Vendor’s 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

(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

6.1 No lot or part thereof can be removed until payment in cash or approved bank transfer has been made in full. No lot shall be removed without the authority of the Auctioneer and unless under the supervision of the Auctioneer`s servants or agents.

6.2 Removal shall take place only up to 4.30 pm and must be completed by 4.30 pm on the third working day following the final day of the auction (and in every case time shall be of the essence) unless the Notice to Purchasers otherwise specify or written authority is obtained from the Auctioneers for clearance after that time. Working days are Monday to Friday.

6.3 The purchaser shall comply with any directions with respect to the removal of goods, which may be given by the Auctioneers` staff.

6.4 No smoking is permitted anywhere upon the premises.

6.5 Lots may not be transferred between buyers, and must be paid for by the successful bidder.

6.6 Before bidding please bear in mind that all quantities, descriptions, sizes and other information are approximate estimates only. Items lotted up for sale are not always checked/counted/measured by us, and additionally typing (and other) errors sometimes occur. Please note that when describing a number of the lots we have had to rely on counts (or estimates), which we have assumed to be accurate for the purpose of cataloguing, but which may well be incorrect in some cases. Bidders are recommended to check lots for accuracy, make their own assessments, and adjust their bids accordingly. Bidders will be charged for the quantity listed in the catalogue or online - no allowance will be made for shortages. Lots are sold "as seen" - what you see is what you buy. If you are in any doubt, please do not bid.

6.8 If lots are not collected within three working days following the final day of the auction we reserve the right to apply a storage charge of £5 per lot, per day (plus VAT), or 5% of the hammer price (whichever is the higher). Late collections can only take place STRICTLY BY APPOINTMENT.

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

6.10 Delivery of lots sold will be made only to the declared Buyer and no transfer of any lot or part of a lot to any other person will be recognised.

6.11 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.

6. 12 Vehicles may be parked in the Auctioneer’s car-park, but only at the owner`s risk.

7: Default by Buyer

Upon failure by the Buyer for whatsoever reason:-

(i) to pay a deposit in full if required under the Conditions of Sale; 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 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 Vendor`s and/or Auctioneer`s 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 servants or 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 any 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 Auctioneer’s 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 Auctioneer`s commission.

8: Auctioneer as Agent

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

9: Auctioneer as Vendor

When the Auctioneers acts only as Vendor, he shall not be held responsible for any action or default by bidders or the 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 Auctioneer`s premises, the Vendor`s 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 his own risk and is deemed to have notice of the condition of the premises and their contents.

11: The Consumer Protection Act 1987

Lots are sold as either new or used. This will be clearly described in the lot description.

12: Health & Safety At Work

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 CONSUMER PROTECTION ACT 1987.We recommend that all purchasers make items compliant with the aforementioned acts.

It is expressly brought to the Buyer’s attention and that of potential buyers, at the time of sale, any machinery or equipment contained in the goods may not necessarily comply with the HEALTH AND SAFETY AT WORK ACT 1974; ENVIRONMENTAL PROTECTION ACT1990; CONSTRUCTION DESIGN AND MANAGEMENT REGULATIONS 1994 or any other Act of Parliament or regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Buyers of any such plant, machinery or equipment are hereby required to ensure so far as reasonably practicable that such item will be safe and without risk to health and that the use of any such items at a place of work within the European Union does not contravene any such Act of Parliament or regulation applicable to such use.

We always recommend that all lots are installed by a suitably qualified engineer/electrician or appropriate specialist installer.

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 United Kingdom, on the fifth working day after positing. If any written notice is delivered by hand, it shall be treated as having been received at that time. Any notice sent to the Auctioneers shall be sent to the Auctioneer’s address as set out in the auction catalogue, or displayed on the auctioneer’s web site on the notice specific to that sale. Any notice which the Auctioneers send to the Buyer may be sent to the Buyer’s last address known to the Auctioneer.

13: Third Party Rights

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

16: Governing Law

These Conditions and any Conditions contained in the Notices to Bidders and Buyers, along with all associated transactions and all connected matters shall be governed and construed in accordance with English Law.

17: 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.

18: Misrepresentation

The auction does not constitute any part of an offer or contract under the MISREPRESENTATION ACT 1967. Sale by on-line auction is not a consumer sale within the meaning of the SALE OF GOODS ACT 1893 - SECTION 55 (7) and the UNFAIR CONTRACT TERMS ACT 1977 - SECTION 12 (2).