GENERAL TERMS & CONDITIONS IMPORTANT AUCTION NOTES

SPECIAL NOTICE

COLLECTIONS

PLEASE NOTE THAT THE FOLLOWING RULES REGARDING FORKLIFT TRUCKS ONLY APPLY TO AUCTIONS TAKING PLACE AT OUR PREMISES. IF THE ASSETS IN QUESTION ARE LOCATED AWAY FROM OUR SITE, IN ALL LIKELIHOOD THERE ARE NO FORKLIFT TRUCKS OR PALLET TRUCKS AVAILABLE FOR RENT – IF IN ANY DOUBT AT ALL PLEASE ASK BEFORE BIDDING. IT IS DRAWN TO PURCHASER`S ATTENTION ELSEWHERE IN THIS CATALOGUE AND ALSO ON SIGNS WITHIN OUR AUCTION ROOM THAT:-

"PURCHASERS BUY LOTS WHERE THEY LIE AND MUST BRING ANY NECESSARY LABOUR, LIFTING TACKLE AND EQUIPMENT TO MOVE THEIR LOTS. PORTERING STAFF ARE NOT AVAILABLE TO ASSIST ONLY TO SUPERVISE".

NOTWITHSTANDING THE ABOVE

Subject to availability we are prepared to assist collectors in the following ways :-

1)PALLETS - we will only allow collectors to remove our pallets if they bring with them a similar number of empty pallets in exchange, or purchase them at £3 plus V.A.T. each.

2)PALLET TRUCKS/TROLLEYS - subject to availability - we will allow collectors to use one of our hand operated pallet trucks or trolleys, providing they sign a "waiver" form, and deposit £100 cash (refundable). This deposit will be refunded when the pallet truck is returned in good order.

3)FORKLIFT TRUCKS - subject to availability - one of our staff will assist collectors by moving/loading goods with a forklift truck, providing the collector signs an appropriate "waiver" form.

We will decline to lift loads which are awkward, may leak, are unstable, or which (in our sole discretion) we deem it unsuitable for us to lift.

Users of this service are expected to make a donation of £5 for each 10 minutes assistance (or part thereof) – minimum £5.

All lifting donations (which go towards our staff Xmas kitty) are payable in cash only, prior to lifting commencing – no exceptions.

Our standard forklift trucks can carry 1.5 – 2 ton. If our 6 ton capacity forklift truck is required, an additional 1 off donation of £25 must be paid – no exceptions.

NB As is made very clear, goods are sold where they lie. Allowing collectors to use a pallet truck, or providing a forklift truck and driver, are strictly subject to availability (both of equipment and our own labour), and we cannot guarantee such equipment and/or labour will be available.

*NO EXCEPTIONS*

General Terms and Conditions of Sale

1.Agency

The Auctioneers act as agents only and they disclaim responsibility for default by either buyer or seller. The Auctioneers do not guarantee the title of any lot or lots sold by them, and will not be responsible for any defect in such title.

2.The Buyer

The highest bidder acknowledged as such by the Auctioneers will be the buyer. If any dispute arises, the Auctioneers shall have absolute discretion to settle the matter. The Auctioneers shall rule the bidding, and no bid shall be retracted. The Auctioneers reserve the right to refuse any bid. The Auctioneers reserve the right to bid on behalf of the vendor for any lot (either with a reserve or subject to the Auctioneers` discretion), and to withdraw, consolidate or divide any lot or lots.

3.Ownership of Purchases

The ownership of the lot(s) purchased will not pass to the buyer until the buyer has paid the Auctioneers in full the total amount due, and the Auctioneers have applied such payment to the lot. No lots may be removed until the total account for all the lots purchased has been paid in full.

4.Transfer of Risk

Notwithstanding the fact that ownership does not pass until the lots are paid for, each lot shall be held uninsured at the purchaser`s sole risk from the fall of the hammer, and shall be sold with all faults and imperfections, the Auctioneers not being responsible for the correct description, genuineness or authenticity of any lot, and making no warranty whatsoever. The purchaser is deemed to have inspected the lots and satisfied himself as to their condition. No responsibility is accepted for any loss of (or damage to) lots.

5.Collection

Collections (which can only be made after ALL the lots purchased have been paid for in full) can be made at the times stated in the auction catalogue only.

Purchasers buy lots where they lie and must bring any necessary labour, lifting tackle and equipment in order to remove their lot(s). Where lots are fixed or connected in any way, the purchaser must have the removal/disconnection carried out by suitably qualified/experienced personnel (with appropriate insurance cover). The purchaser is responsible for leaving the site safe and for any damage to the premises and/or other lot(s).

It is the responsibility of the buyer and/or their carrier/driver to ensure that their loads do not contravene road, traffic or any other regulations.

Lots not collected within the timescale stated in the catalogue will become subject to 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 (to fit in with our schedule), and such appointments may involve delays until we can accommodate said late collection, which will increase the storage charges due by late collectors pro rata.

If a purchaser fails to comply with any of these "General Terms and Conditions of Sale", and/or any special (or additional) Terms and Conditions relevant to the sale in question, and/or does not collect within the timescale stated in the catalogue, the Auctioneers reserve the right to resell any such lot(s) by public or private sale without reserve and without notice to the purchaser. If upon resale as foresaid a lower price is obtained for any lot than was obtained at the first sale, then any such shortfall will be a debt due from the purchaser in default in the first sale. Irrespective of the price the Auctioneers receive on resale, the buyer will be responsible for any and/all additional costs of the Auctioneers including storage at either £5.00 per lot per day, or 5% of the hammer price per lot per day (whichever is the higher), advertising, handling, selling costs, insurance etc. Furthermore, the Auctioneers reserve the ALTERNATIVE right to move lots outside the premises (at the buyer’s risk), if said lot/s are (in the Auctioneers’ opinion) restricting the use of the auction room.

6.Movement of Lots

The Auctioneers reserve the absolute right to move any lots which (in their sole opinion) are restricting the use of the auction premises and/or inhibiting collectors and/or need to be moved to assist in other activities taking place on the premises. Movement of assets in such circumstances is entirely at the purchaser’s risk, and the Auctioneers accept no responsibility or liability for any loss or damage such as may be incurred during any such movement.

7.Whether acting as agent on behalf of a named principal or acting as principal themselves, all bidders will be deemed to have the authority for each bid made and will be held equally liable with their principal (where relevant) for all obligations and liabilities in relation to the sale.

Users of the online bidding facility should ensure prior to registering that they have the authority to bind whatever entity they register as, to the conditions of sale, that they are 18 years or over and that they keep their user ID and password safe and private from any person other than those they are happy have equal authority to bid.

8.Damage

If any damage is done to any lot or to the premises at the viewing or before, during or after a sale, such damage shall be made good by the person committing such damage, principals being responsible for the actions of their servants, subcontractors and/or any other persons in the premises on their behalf, such damage to be assessed by the Auctioneers. No cutting or welding equipment may be used without the Auctioneers` express permission, in writing. No explosives may be used without the Auctioneers` express permission in writing.

9.Descriptions

The lots are sold as they lie with all faults and errors of description or quantity or measurement (if any). The purchaser is deemed to have inspected and approved the lots he buys, and if he buys without proper previous inspection, he shall be deemed to have done so at his own risk. 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. No person within the Auctioneers` employment has any authority to make or imply any representations, warranties or guarantees.

It is believed that the quantities, descriptions and measurements stated in the catalogue are correct, but the Auctioneers will not be responsible for any error or mistake therein, and no purchaser shall make any objection thereto, or be entitled to any compensation by reason of such error or mistake. Many of the goods catalogued are described by make, type, size, output, etc. It should not however, be taken for granted that they are in their original manufactured condition, complete with all component parts, and in working order, nor should it be taken for granted that vehicles, trailers and mechanical equipment can be put into working order, or that vehicles and trailers are, or can be roadworthy. Goods which appear to be in their original wrapping and unused may have incurred many years of shelf life. Lots may be new, used, soiled, damaged, broken or incomplete. In view of their age or condition some goods may not comply with current safety legislation. Prospective purchasers are reminded that it would be an offence under the Consumer Protection Act 1961 and the Consumer Safety Act 1978 for them to sell or supply goods which do not comply with the current regulations made under either of those Acts. Prospective purchasers are also reminded that sales by auction are not consumer sales for the purpose of the Unfair Contract Terms Acts, 1977.

WE RECOMMEND THAT PROSPECTIVE PURCHASERS SHOULD THEREFORE THOROUGHLY INSPECT THE GOODS IN WHICH THEY ARE INTERESTED BEFORE BIDDING.

The lots are not sold by sample but if in any case a sample shall be displayed it shall be upon the understanding that this contract shall contain no implied condition or warranty as to the quality or otherwise or that the lots are free from any defect rendering them unmerchantable.

Mileages stated for vehicles are mileometer readings. The vendor does not necessarily know whether the mileometer reading is accurate and shows the correct reading of the mileage of the vehicle. The purchaser should therefore, treat the mileometer reading as meaningless. Year of manufacture. - a civilian vehicle registration does not necessarily indicate the date of manufacture of the vehicle, for example a government vehicle (if it is a government vehicle) may be operated over the earlier or any part of its working life under a service registration number.

10.Third Party Liability

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 Auctioneers` premises.

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.

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.

11.Additional Items

Anything which may be found in, under or near any lot which is not mentioned in the sale catalogue, the Auctioneers reserve for the vendors. Any pallets, trolleys, tables, racks or display units used to display lots are excluded from the sale and may not be removed from the premises.

12.Provisional Bids / Reserves

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.

13.After Sales

Lots sold after the sale will be subject to all Conditions of Sale, applicable if the lots had been sold during the auction.

14.Health and Safety Regulations

The Auctioneers and the vendor accept no responsibility whatsoever for any lot or lots sold which subsequently prove to contravene the Health and Safety Regulations in force at the time of the sale.

To comply with section 6 (8) of the Health and Safety at Work 1974, purchasers undertake to comply with the guarding requirements under regulation 15 - Sale or Hire of Machinery.

15.Time

In respect of any and all of our Terms and Conditions and notes, time is of the essence - no exceptions will be made.

16.Software

All systems or media items sold in the sale are sold without software of any kind unless such software is specifically nominated within the description of the system or media item.

The buyer shall remove immediately upon purchase of any hard disk or system containing a hard disk or any other media, all programs including any operating systems to which the purchase of the said hard disk system or other media does not convey to him/her licence to use such programs or operating systems.

17.Indemnity

The buyer shall indemnify the Auctioneers and the vendor in any actions resulting from the buyer`s failure to observe Clause 18 above.

18.NO TRANSFER OF LOTS BY THE BUYER SHALL BE ALLOWED.

19.Important Notice

Prospective purchasers are advised to read thoroughly and ensure they understand these Terms and Conditions and any special/additional Terms in the catalogue. Bidders by the act of bidding, are accepting (and only doing so) upon our Terms and Conditions of trading - if in doubt - DO NOT BID.

20.Auctions / Tender / Private Treaty

The "Auctioneers" are Robson Kay & Co Ltd. These terms and conditions apply to any and all sales conducted by the Auctioneers, whether they be Auctions, Tenders (formal or informal), Private Treaty or any other method of sale. They will be supplemented by additional terms within the Auction/Tender catalogue. When selling by Tender or Private Treaty, the term “Auctioneer” shall mean “Agent”, and the term “Auction” shall mean “Sale”.

21.Random Searching of Vehicles

The Auctioneers shall have the right, if they so desire, without compensation to the purchaser, to search vehicles carrying Goods before such vehicles leave the Auctioneers` premises, in order to check that the goods being removed correspond to the Auctioneers` particulars. The right shall include the right to search the whole of the vehicle, and the right to require the vehicle to be unloaded if this is necessary for the check to be made. If the vehicle collecting goods is not owned or hired by the purchaser, the purchaser shall ensure the owner or hirer agrees to the exercise of this right by the Auctioneer. The Auctioneers’ "Premises" includes the total site.

22.Parking

Vehicles may be parked in the Auctioneers` car-park, but only at the owner`s risk.

23.Road Traffic Act Requirements

Purchasers are reminded that any vehicle or trailer sold in any sale may not be roadworthy, or may be of such design as will not, without alteration, comply with the Acts and Regulations relating to its construction, equipment and use. It is generally an offence to use on a road a motor vehicle or trailer which does not comply with these Acts and Regulations, and accordingly it is a condition of the contract of sale that the purchaser shall in respect of each vehicle or trailer purchased by him undertake not to use it/them or cause or permit its/their use on any road in Great Britain to which the Road Traffic Acts apply until it/they complies/comply in every respect with the requirements of the Acts and Regulations relating to its/their construction, equipment and use, and accordingly to make such arrangements for its/their transportation from the Auctioneers` Premises as may be necessary having regard to its/their condition to ensure its/their lawful removal in accordance with my/our obligations under the Contract of Sale.

24.Export of Goods

The sale of goods described in the catalogue shall not imply that Department of Trade and Industry Licences for export of goods in their present or modified condition will be granted to the purchaser. The pursuit of any such licences is entirely a matter for the purchaser.

Any buyer wishing to export items bought at the auction must pay the VAT in the normal way and make his/her own arrangements with H. M. Customs and Excise in relation to any refund.

25.Lots

The Auctioneers shall be under no duty to either vendor or purchaser to make enquiries of any nature whatsoever as to the title of any lots, or to disclose to the vendor, purchaser or any other person whosoever the result of any enquiry, such enquiry being made entirely at the discretion of the Auctioneers.

Where any lot or lots sold are found to be subject to hire purchase or leasing agreement, the Auctioneers reserve the right to discharge the existing liability to the finance company concerned remitting the balance, if any, to the vendor on receipt of a clearance note from the finance company.

26.Rescission By Vendor

In the event of the vendor after the sale not being able to give a good and sufficient title to or delivery of any lot or part thereof before its removal, or if in the vendor`s opinion the removal of any lot will endanger or permanently damage any building or other property, the vendor may by written notice to the purchaser of such lot, delivered to him or his agent or sent by post to his place of abode or business last known to the Auctioneers, rescind the sale of such lot and repay the purchaser any deposit or purchase money paid in respect thereof.

27.Variations

No member of staff is authorised to make any variations to these terms and conditions unless so authorised in writing by a Director. Should any of the above terms be deemed to be invalid this shall not affect validity of all the remaining Terms and Conditions.Revised February 2004

SPECIAL NOTICE MISREPRESENTATION ACT 1967

This catalogue does not constitute any part of an offer or contract.

Prospective purchaser`s attention is specifically drawn to the Terms and Conditions within the catalogue. We would point out that all statements contained in this catalogue as to the lots, are made without responsibility on the part of the Auctioneers or the vendor. Any prospective purchaser must confirm by inspection or otherwise the accuracy of any descriptions, quantities, etc., contained within this catalogue and no statements herein are to be relied upon as statements or representations of fact. Neither the vendors nor the Auctioneers, nor any person in the employ of either of them have any authority to make or give any representation or warranty.

A SALE BY AUCTION IS NOT A CONSUMER SALE.

SALE OF GOODS ACT 1893 - SECTION 55 (7)

AND

UNFAIR CONTRACT TERMS ACT 1977 - SECTION 12 (2)

No vehicle is warranted or held out to be roadworthy, and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement.

Neither the Auctioneers nor the vendors, nor their servants and agents have any authority to make any representations.

THE HEALTH AND SAFETY AT WORK ACT, 1974

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.

WE RECOMMEND THAT ALL LOTS ARE INSTALLED BY A

SUITABLY QUALIFIED ENGINEER / ELECTRICIAN

OR APPROPRIATE SPECIALIST INSTALLER.