AUCTIONEERS TERMS & CONDITIONS OF SALE

These terms & conditions apply to all items entered for sale and sold in auctions run by Malcolm Harrison Auctions. By entering an item for sale in or buying an item through such an auction you agree to be bound by these terms and conditions. It is important that all parties read these terms and conditions before selling or buying an item through an auction.

DEFINITIONS AND INTERPRETATIONS

“Auctioneer” means Malcolm Harrison Auctions operating an auction in the United Kingdom in which the relevant item is entered for sale.

“Commission” is the fee payable to the Auctioneer.

“Contract of Sale” is the bargain formed by the Auctioneer, between the Vendor and the Purchaser, confirmed by the fall of the hammer for the sale and purchase of the relevant lot.

“Entry Form” means the current entry form supplied by the Auctioneer, to which these terms and conditions of business apply.

“Insurance Total Loss” when applied with respect to a vehicle or item of plant means that because of accident damage the item has been categorised as a total loss by the insurers of that item or sold as salvage by the owners of the item or is or has been recorded on the HPI, Experian or any such recognised register.

“Purchaser or Buyer” means the person making the final bid at the auction, provided the bid is accepted by the Auctioneer by the fall of the hammer.

“Bidder” means the person bidding on a lot being offered by the Auctioneer.

“Item” means any type or make of car, commercial vehicle, caravan, motor cycle, plant & machinery and garage & yard equipment.

“Vendor” means any person claiming title to an item entered for sale in an auction by it or on its behalf.

For the purpose of these terms and conditions of sale, the singular shall include the plural and the masculine shall include the feminine and neuter and vica versa.

TERMS AND CONDITIONS

1. By making a bid for any lot, the person making the bid warrants that he has read, makes his bid upon and agrees to be bound by these conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the Purchaser (a term used herein as including the Purchaser and any principal or employer of the Purchaser) to purchase any Lot tendered upon these conditions.

1. The sale of any Lot shall be concluded and binding at the moment when the Lot is knocked down and the highest bidder shall be the purchaser, subject to the Auctioneer having the right to take or refuse any bid. If any dispute shall arise between two or more bidders the Lot so in dispute may be immediately put up again for sale at the last undisputed bidding or the Auctioneer may declare which bidder he thinks proper to be the Purchaser. The Auctioneer reserves the right to determine the amount of advance at each bid. The Vendor reserves the right to bid on all its Lots, such right being exercised only by, and at the discretion of the Auctioneer as the Vendors agent.

1. Buyers physically attending the auction must forthwith give his name and address together with those of any principal or employer and such means of identification as may be required to the Auctioneer, his servants or agents and if required to do so must pay £1000 deposit, by way of credit or debit card, forthwith in order to bid in the auction. Said buyers, if successful in purchasing lots offered by auction, must pay 10% of the invoice total, in cleared funds but not credit card, prior to leaving the auction site. All sold lots are subject to a 5% Service Charge, plus VAT at the current rate. The total price, less any such deposit, must be paid to the Auctioneer at his office, or elsewhere, as he may direct. Payment in full shall be deemed not to have occurred until any negotiable instruments have been honoured in full (or cash has been paid), such payment to be made within the time specified in the Sales Notes. Payments to be made in cleared funds, excluding credit cards and cash up to the current legal amount, at the Auctioneers discretion. Time of payment shall be of the essence. The Purchaser shall not be entitled to remove any Lot from its position at the time of sale until the purchase price and that of any other Lot purchased at the auction. The Purchaser will be liable for Storage and or Removal charges, which will require payment prior to removal of the Lots, for any Lots not collected within the time period set out in the Sale Notes. The Auctioneer shall be entitled to rescind the sale in respect of any Lot or Lots for which full payment is not made in due time, the Purchaser will forfeit any deposit paid in respect of them and the Auctioneer resell the same without any rights of compensation in the Purchaser. The Auctioneer shall also be entitled to charge for storage arising after the time for removal, at the published rate of storage charge, until he elects to rescind the sale, if at all, which election he may make at any time after such non payment.

1. Internet buyers are bound by condition 3 with the following alterations. The deposit required in order to bid in the auction is upto £5000. Successful Purchaser must pay 10% of the invoice total, in cleared funds but not credit card, on the auction day. All sold lots are subject to a 6% Service Charge, plus VAT at the current rate.

1. The Auctioneer has used his best endeavours to ensure that the descriptions of Lots appearing in the catalogue are accurate but the Bidder relies upon such description at its own risk. The Bidder is advised to inspect any Lots for which he intends to bid to verify the accuracy, or, otherwise, of the description contained in the catalogue. The Auctioneer on his own behalf and on behalf of the Vendor hereby excludes all liabilities for any loss or damage or injury sustained by the Bidder, as a result of, or in connection with a defect in any Lot purchased, a misdiscription thereof comprised in the catalogue, the failure thereof to fulfil the functions of which they were intended by the Bidder, or any damage or loss occasioned thereof prior to the same being removed from the Vendors premises, but after the passing of risk therein pursuant to Clause 5 hereof. The Auctioneer does not warrant the Vendor’s title to any Lot and the latter will be sold with such title as the Vendor may have.

1. The title to any Lot shall remain with the Vendor until the full sale price and any storage charges have been paid to the Auctioneer, but the risk of damage to or loss of the Lot by whatsoever circumstances shall be transferred to the Purchaser upon the fall of the hammer.

1. The whole of the Lots are to be at the Purchaser risk from the fall of the hammer and buyers are advised to insure their Lot or Lots against fire, burglary, theft and damage.

1. The Vendor and the Auctioneer hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may come to the Vendors premises for any purpose whatsoever, save where such accident is caused by the negligence of the Vendor or Auctioneer.

1. Anything that may be found in, under or near any Lot that is not mentioned in the catalogue the Auctioneer reserves for the Vendor.

1. The Purchaser shall be responsible for and shall fully indemnify the Auctioneer against any damage caused to the buildings or any other Lot by taking down or removal of any Lot, such damage is to be made good by or at the expense of the Purchaser, whether or not the same is caused by the negligence of the Purchaser, his employees, agents or contactors. FLAME CUTTING and the USE OF EXPLOSIVES IS PROHIBITED except by permission of the Auctioneer in writing.

1. If any Purchaser shall make default in payment of this purchase money, or neglect to comply with these conditions, all money paid by him or his agents at the time of sale shall be forfeited to the Auctioneer who shall be at liberty to resell the Lot or Lots at such time or times as they think proper and without notice to the party, or parties, making default either by public sale or private contract, and the deficiency (if any) occasioned by such resale together with all expenses attending the same shall immediately be paid by the Purchaser or Purchasers making default or neglecting to comply with these conditions, and in the case of non payment hereof, the same shall be recoverable as and for liquidated damages.

1. The price at which the Purchaser purchases each Lot will be exclusive of the Buyers Premium and VAT. Where applicable, VAT will be added to the purchase price at the current rate. Where a Purchaser intends any lot to be exported outside the UK, a refund of VAT will (subject to whatever the regulations made from time to time may be in force), be available upon the production by the Purchaser of such proof of export as the Auctioneer may require.

1. The Auctioneer reserves the absolute right to refuse to accept any item for sale.

1. Subject to the above condition, an item is considered entered for sale when it is on the auction premises and Vendor has an intention of entering the item for sale. After an item is entered for sale, any withdraw by the Vendor from the sale, for whatever reason, shall be deemed a private sale and the Vendor shall be liable to pay the Auctioneers Commissions in respect of that item as if the item had been sold by auction.

1. One Entry Form per items must be completed and signed by the Vendor, its servants or agents.

1. For all applicable items, registration documents, MOT Certificates, PSV Certificates, Plating Certificates, Special Types Certificates, Certificate of Initial Fitness, RPC certificates must be handed to the onsite auction office prior to sale, unless the Vendor Entry Form declares that documents are not available. In the case of items being entered without entry Forms, the Vendor must inform the Auctioneer in writing if any relevant documentation is not available. It is the responsibility of the Vendor to obtain duplicate documents for any documents not forthcoming in a reasonable timescale post auction. The Auctioneer has the right as agent of the Purchaser to rescind the sale with the Purchaser and shall be entitled to charge the Vendor the usual fees due to the Auctioneer (including Commissions) plus all reasonable expenses incurred in connection with the rescinded Contract of Sale. For items declared to have no documents, neither the Vendor nor the Auctioneer shall be under any obligation to procure, deliver or produce said documents.

1. By entering an item for sale, the Vendor represents, warrants and undertakes to the Auctioneer and to a purchaser that:

1. the Vendor has performed the relevant checks, the items is not subject to any outstanding finance, contract hire, hire purchase, similar third party interest or any defects in legal title. It is the sole responsibility of the Vendor to settle any finance, contract hire, hire purchase or third party interest in full and obtain letters of no interest from said parties immediately for any items shown to have such interest either pre or post auction;

1. the item document or other documents of title are correct in each and every particular;

1. vehicles are fitted with a registration number and this together with the chassis number, corresponds to the entries in the vehicle registration document or other documents of title;

1. the year registered for vehicles, or the year of manufacture for plant and trailers, is stated correctly on the Entry Form (provided that when the expression “Year as seen” or “Unknown” is used, the Purchaser must satisfy himself as to the age of the item and no warranty in respect of the same is provided);

1. the odometer reading, if stated on the Entry Form to be accurate, is accurate;

1. the Vendor, its servant or agent has completed the Entry Form correctly;

1. the item has not been the subject of an “Insurance Total Loss” claim or shows on the “Stolen Register” unless it is stated on the Entry Form that it has been the subject of an Insurance Total Loss Claim or is Stolen Recovered.

1. Notwithstanding the foregoing, the Auctioneer may accept items without an Entry Form provided that the Vendor, its servants or agents, having performed the relevant checks, must inform the Auctioneer if an item so accepted for sale is subject to any outstanding finance, contract hire, hire purchase, similar third party interest or any defects in legal title and are clear on total loss or stolen registers. In the absence of such information being notified to the Auctioneers by the Vendor in writing, the item is deemed not to be subject to any form of hire purchase, similar third party finance or any defects in legal title.  It is the sole responsibility of the Vendor to settle any finance, contract hire, hire purchase or third party interest in full and obtain letters of no interest from said parties immediately for any items shown to have such interest either pre or post auction.

1. Where a vehicle sold by auction is subject to an outstanding hire purchase or third party finance agreement, the Auctioneer may pay to the hire purchase or third party finance company from the net proceeds from the sale of the item, less expenses, an amount no greater than the balance of the proceeds of sale to discharge such an agreement, to guarantee good title. After deducting such payment, Auctioneers charges and VAT, the balance of the proceeds of the sale will be paid to the Vendor.

1. In the event that the Vendor fails to establish its legal title to an item to the satisfaction of the Auctioneer, the Auctioneer shall retain the sale proceeds of the item until such legal title is proved. This will also apply even in the situation of the Vendor having previously bought an item “in innocence” and subsequently entering it into an auction held by the Auctioneer.

1. When an item has been entered and sold and the item has been subject to an undeclared Insurance Total Loss, the Auctioneer has the right as agent of the Purchaser to rescind the sale with the Purchaser and shall be entitled to charge the Vendor the usual fees due to the Auctioneer (including Commissions) plus all reasonable expenses incurred in the connection with the rescinded Contract of Sale.

1. Vehicles subject to cherished registration transfers must be declared at the point of entry. Any associated costs involved in ascertaining the legal title and ownership of the vehicle or the cherished or new registration and relevant documents, will be the responsibility of the Vendor.

1. With the exception of relevant cars, all items entered for sale will be invoiced plus VAT (at the current rate).

1. The Auctioneer warrants that he will only sell Lots which he believes to be owned by the Vendor or to which the Vendor will be able to pass a good title, but should it transpire that the Vendor’s title to any Lot is defective, or that the Vendor cannot pass a good title to the Purchaser, the Auctioneer shall have the right to rescind the sale and refund the Purchaser the hammer price paid, less any relevant commercial usage charge; based on industry hire charges. The Auctioneer is under no obligation to the Purchaser for any expenses relating to the item or any “out of pocket expenses”, however the Auctioneer will use his best reasonable endeavours (short of litigation) to procure and pass on said expenses to the Purchaser and assist the Purchaser in exercising any remedies that he may have against the Vendor.

1. If any item entered for sale is not sold by auction, but is sold by the Vendor or his agent to any person he has had contact with as a direct result of the auction, that sale shall be deemed to have been affected by the Auctioneer as if the relevant item has been sold by auction and the Vendor will be liable to pay the usual Auctioneers fees plus all reasonable expenses incurred by the Auctioneer in connection with the sale.

1. If any item entered for sale is not sold by auction, the Vendor will be liable for Storage and or Removal charges, which will require payment prior to removal of the Lots, for any Lots not collected within the time period set out in the Sale Notes.

1. At the fall of the hammer, a Contract of Sale is completed between the Vendor and the Purchaser. The Auctioneers are not a party to the Contract of Sale. The Auctioneer shall not be liable in any way whatsoever regarding the Contract of Sale, and the Vendor and the Purchaser shall have no rights of action, except against each other, concerning any matter arising from the sale and purchase of the item. The Contract of Sale shall contain the warranties, representations and undertakings set out in Condition 18.

1. All items entered into auction are sold as seen with all faults and defects and in whatever condition, and all representations and warranties as to the mechanical condition of all items, whether expressed or implied by statute, common law or otherwise, are expressly excluded. It should therefore not be taken for granted that an item sold as seen will be of satisfactory condition or that it is in original manufactured condition along with all component parts and in working order, or that vehicles, trailers, mechanical equipment and chattels can be put in to working order, or can be made roadworthy.

1. The Auctioneers do not make or give expressly or by implication, nor has any person any authority to make or give or imply on their behalf, any representation, warranty or undertaking with respect to any item offered for sale including (but not limited to) and representations, warranty or undertaking with respect to the Vendors title to an item, the Vendors right to sell an item, the unencumbered nature of an item, the age of an item, its mileage (if applicable), its condition or the suitability, fitness for purpose, satisfactory quality or roadworthiness of the item. As between the Auctioneer and the Purchaser, all representations, warranties and undertakings implied by statute or common law (including those relating to suitability, fitness for purpose, satisfactory quality, condition and mileage) are excluded to the fullest extent permitted by law. Prospective Purchasers must satisfy themselves by inspection, or otherwise, as to the condition, roadworthiness or fitness for any particular purpose of any item offered for sale.

1. The Auctioneer shall be under no duty to either the Vendor or Purchaser to make enquiries of any nature whatsoever as to the title of any item, or to disclose to the Vendor, Purchaser or any other person whatsoever the result of any enquiry, such enquiry being made entirely at the discretion of the Auctioneer. The Auctioneer accepts no responsibility for and expressly exclude any liability to the Purchaser for any failure to disclose that a vehicle is subject to any form of hire purchase, similar third part finance or any defects in legal title.

1.  The Auctioneers do not accept any liability for loss or damage, howsoever arising, to any item or other goods whilst on the auction site or on collection of any items, delivery or when driven by the Auctioneers, their servants, agents, or any third party, and whether caused by negligence, wilful act or otherwise of the Auctioneers, their servants, agents or any third party. All items are handled, driven and left on the auction site at the risk of the Vendor until sold and thereafter at the risk of the Purchaser or at the risk of the Vendor if not sold in the auction, and should be insured accordingly and, for the avoidance of doubt, the Auctioneer accepts no liability thereof and provide no vehicle insurance cover.

1. The Auctioneers maximum liability to a Purchaser in respect of any item shall not in any circumstances exceed the price paid by the Purchaser for that item.

1. The Buyer shall remove any Lot for which he has paid in full, plus other charges, if any, by the time for removal, which shall be either the time for payment or the time stated in any sale notes of the Auctioneer, whichever shall be the later, but provided that no Lot shall be removed without the Auctioneer’s express written consent, while the auction is continuing. The Buyer shall be responsible for the removal of the articles and such removal must be carried out safely and lawfully. The Buyer agrees to insure against and indemnify the Auctioneer and the Vendor against any and all claims arising in respect of injury or damage to person or property, whether real or personal, caused by or in connection with the acts or omissions of the Buyer, whether caused by himself, his servants, or agents or his principals or employer.

1. These conditions, together with those set out in the Notice to Purchasers appearing in the catalogue, are the only Terms and Conditions subject to which the Auctioneers, as agents for the Vendor, will sell goods to a Purchaser and all other conditions, whether express or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.

1. HEALTH AND SAFETY AT WORK ETC ACT 1974

It is expressly brought to the Purchasers attention that at the time of sale any item of plant, machinery, vehicles or equipment contained in the Lot(s) may not necessarily comply with the Health and Safety at work etc. Act 1974 or any other Act or Acts, or Regulations there under governing the use of that plant, machinery or equipment in a working environment. Successful Purchasers for any such plant, machinery, vehicles or equipment are hereby required to ensure that the use of any such items at a place of work, within the United Kingdom, do not contravene such relevant Act or Regulation there under applicable thereto. Purchasers should treat items bought at auction as “Unfit for Work”, having had no inspection and no user manuals available (unless otherwise stated by the Auctioneer at the time of sale). It is the responsibility of the Purchaser to ensure all relevant Health & Safety checks and operator training is carried out prior to use.

1. TOXIC CHEMICALS AND DANGEROUS SUBSTANCES

It is expressly brought to the attention of Bidders (successful or otherwise) that certain types of plant of main service installations could contain blue and white asbestos, dangerous chemicals etc. which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work Etc. Act 1974, Sections 2-9 or any other current legislation covering the use of such substances in a working environment.

1. Malcolm Harrison Auctions reserve the right to trade up to the day of SALE.

1. These terms and conditions supersede and cancel all previous terms and conditions of sale.

                14^th July 2010