Hayssen Sandiacre & Yamato Sigma Multihead Weigher & Bagging Machine

Terms & Conditions

1. 1.       All “Lot(s)/Asset(s)” sales and these conditions of sale shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts.
2. 2.       We reserve the right to amend these Terms & Conditions as a whole or in any part at any time. Any revisions, updates and changes will appear on our website; it is your responsibility to check and review the Terms & Conditions periodically.
3. 3.       www.cnconline.co.uk, www.cnconlineauctions.com and www.cnconlinesales.com acts as agent in respect of goods offered for sale and herein shall be known as the “The Company”.
4. 4.       Person(s) instructing “The Company” to sell goods are herein known as the “Client”.
5. 5.       Person(s) who submit a bid / make an offer / buy now against a “Lot(s) or “Asset(s)” offered for sale by the “The Company” are herein known as the “Purchaser”.
6. 6.       “The Company” makes every reasonable effort to ensure the accuracy of the advertisements, catalogue descriptions, website listings and other publicity except where specifically instructed so to certify by a “Client(s)”, declare that all statements, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law or damages, compensation or rescission of sale by a “Purchaser”, against any “Client”, or “The Company”.
7. 7.       “Lot(s)” may be of an age or nature, which preclude their being in good or standard condition. Some advertised descriptions may make reference to current condition, however, omission of such a reference does not imply a “Lot(s)” is free from defects or faults and appearance nor does any reference to a particular defect imply the absence of others.
8. 8.       “Purchasers” should therefore satisfy themselves by physical inspection of “Lot(s)” or utilise the Assurance+ product, before bidding, making an offer or buy(ing) now as to the origin, authenticity, quality, quantity, age, weight, size and general description, as “Lot(s)” are sold in their actual state with all faults, imperfections or errors of description.
9. 9.       Any discrepancy over “Lot(s)” must be notified to the “The Company” prior to removal by “Purchaser” or agent.
10. 10.   We recommend all “Purchasers” of “Lot(s)” utilise when available the Assurance+ services in regards to online bidding on any item when no physical inspection has been carried out prior to purchase.
11. 11.   Electrical/mechanical goods on all “Lot(s)” are sold untested, without warranties or any guarantees as to serviceability or working order, unless covered by an Assurance+ product or warranty.
12. 12.   All “Purchasers”, or their appointed representative, bidding online or attending viewing or collection at a “Client’s” premises - shall be deemed to be on the land and premises at their own risk and shall have no claim against the “The Company” or their principals in respect of the cancellation/postponement of a sale or any loss, accident or injury, however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the “Purchaser” or the ‘Client’.
13. 13.   Persons contracted or employees of the “Purchaser’s” company handling “Lot(s)”, or additional “Asset(s)” which require handling at “Client’s” premises do so at their own risk and shall make good all loss and damage howsoever sustained. Such estimate of cost to be assessed by the “The Company” whose decision shall be final. All “Purchasers” and/or their designated agents collecting “Lot(s)” must have a detailed collection note, including a list identifying the “Lot(s)” for collection and “Purchaser’s” delivery address; “Lot(s) will not be released for collection without the correct paperwork.  
14. 14.   All bidders acting for themselves or on behalf of a “Purchaser” must be over the age of 18 years old.
15. 15.   In making a bid, offer or buy now, “Purchasers” acknowledge and confirm acceptance of these terms and conditions, that they are entering into a legally binding contract and that they are satisfied as to the description and condition of “Lot(s)”.
16. 16.   By placing a bid, offer or buy now on a “Lot(s)” the “Purchaser” represents, warrants and undertakes that it has the authority and capacity to enter into a legally binding contract and close the transaction and that any accepted bid, offer or buy now that it makes constitutes an irrevocable offer to buy the “Lot(s)” in question for the full amount of the bid, offer or buy now submitted.
17. 17.    “The Company” reserves the right to accept / not accept any bid, shall not be obliged to accept any or the highest offer tendered and reserves the right to refuse the highest bidder confirmation of purchase of any “Lot(s)” without reason or justification.
18. 18.   “Lot(s)” are sold subject to any announcement, declaration, and alteration of description or other matters, made by the “The Company” prior to the invitation of bids.
19. 19.   On completion and notification of successful bid, the highest bidder, acceptable to the “The Company”, shall be the “Purchaser” and any dispute shall be settled by the “The Company”, whose decision shall be absolute and final. No “Lot(s)” shall be transferred.
20. 20.   “The Company” may divide, combine, add to or withdraw “Lot(s)” and make any catalogue alterations without notice or reason; they shall regulate bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the “Client”, where there is a reserve price or at their authorised discretion.

1. 21.   “The Company” shall not be responsible for default on the part of “Client” or “Purchaser”. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidation damages. This condition is, however without prejudice to the right of “The Company”, in appropriate circumstances to enforce the sale contract if they think fit.
2. 22.   The contract of sale is made with “The Company” as principal agents for the “Client” and payment shall only be made to them. Notwithstanding the foregoing, “The Company” shall retain a lien on all goods which shall not pass to the “Purchaser” until full payment has been received.
3. 23.   “Purchaser’s” premium for “Lot(s)”:

• The “Lot(s)” will only be removed from auction upon receipt of the “Purchaser’s” premium, which must be paid within 12 hours of notification of acceptance.
• The “Purchaser” will then receive further email notification of the sale from “The Company” and a copy of the sales invoice for final transaction value + VAT. Failure to settle the final invoice balance will result in the retention of the deposit payment and no refunds will be made under any circumstances.
• On receipt of full payment, which must be made within 5 working days from date of invoice, “The Company” will authorise the “Purchaser” to arrange the collection of “Lot(s)” from the “Client’s” premises. All “Lot(s)” must be collected within 14 days from date of invoice unless “The Company” and the “Client” agrees an additional period.
• All “Lot(s)” purchased but not collected within the agreed period will be relisted for sale; the “Purchaser’s” premium will not be refunded.

1. 24.   “Purchaser’s” payment for “Asset(s)”

• 1st payment of 12% + VAT (deposit) will be taken by credit or debit card upon purchase. This is a non- refundable deposit payment.
• 2nd payment of 25% + VAT will be invoiced to the “Purchaser” on receipt of deposit; the “Purchaser” is required to pay this amount within 7 days from date of invoice. On receipt of 1^st and 2^nd payment, the official order for the “Asset(s)” will be issued, and failure to complete 2nd payment will result in delay of the “Asset(s)” order.
• 3rd payment of 50% + VAT will be invoiced to the “Purchaser” 2 weeks prior to delivery; the “Purchaser” is required to pay this amount prior to delivery. Subsequent failure to pay in full the 3^rd payment on time, will result in cancellation of order and all payments up to this point will become non refundable.
• Final payment of 13% + VAT will be invoiced to the “Purchaser” for payment 30 days after installation. The final payment will become due in full 30 days after installation, non payment, unless agreed in writing, will void any warranties, place the “Purchaser” on immediate suspension of all services supplied by CNC Management Ltd and the Assurance+ service provider.          

1. 25.   On acceptance of the tender or private treaty, all “Lot(s)” shall be and remain, in every respect, at the absolute risk of the “Purchaser”, including those of fire, burglary and vandalism and damage occasioned to “Lot(s)” by the removal of other goods.
2. 26.   “Purchasers” & “Clients” who have not utilised Assurance+ shall be fully responsible for all actions regarding the collection and removal of “Lot(s)” as described in item 39, at their own risk and expense within the specified period following the sale, after such time “The Company” reserves the right as per item 23 of these terms and conditions.
3. 27.   “Purchasers” are responsible for ensuring compliance with and obtainment of any required Export Licence if there is intention to export the “Lot(s)” out of the UK.
4. 28.   “The Company” reserves the right to cancel, postpone or re-run an on-line auction in whole or part without reason or justification.
5. 29.   HEALTH AND SAFETY AT WORK ACT 1974 [Section 6(8)] “Purchasers” must take all necessary steps to ensure that equipment purchased is safe and without risks to health when it is re-installed, re-used, cleaned or maintained by a person at work. By accepting these terms and conditions the “Purchaser” agrees to relieve “The Company” and their service providers of any liabilities under section 6(1)(a) or 6(1A) of the Act, and accept that failure to facilitate all necessary safety requirements before taking the equipment into service may render the “Purchaser” liable to prosecution. 
6. 30.   It is a UK legal requirement that before work equipment can be taken into use it must comply with the Provision and Use of Work Equipment Regulations 1998 (PUWER) and any other relevant legislation. This service is available through the ‘Assurance+’ product.
7. 31.   The full terms and conditions of the ‘Assurance+’ product are available on the main website by clicking the logo and terms and conditions link. Please note: All services provided under the Assurance+ product are, and will remain, the responsibility of the Assurance+ service provider. Delivery of “New Assets” relates to within mainland UK only; delivery elsewhere is POA.  
8. 32.   Under Assurance+ services, the “Client” and “Purchaser” authorises “The Company” to share information with the Assurance+ service provider to enable quoting as requested by potential “Purchasers”.
9. 33.   “Clients” warrant that the “Lot(s)” are the “Client’s” own property or property of the “Client’s” company or that they are authorised as a third-party Dealer / Agent representing the legal owner of the “Lot(s)” and that the “Lot(s)” are free from any hire purchase agreement, title retention, mortgage, charge or other security interest or encumbrance which would prevent you from transferring complete and absolute ownership on successful sale.
10. 34.   The “Client” has the right to advertise a “Lot(s)” for sale via any alternative means. However, “Lot(s)” “withdrawal fees” apply as follows:

a)       For whatever reason the “Client” must notify “The Company” 30 days prior to withdrawal of any “Lot(s)”. Any withdrawal within this period will result in an administration fee of £295 + VAT per “Lot”. “Lot(s)” within this period remain subject to term 35.clauses b) & c) This excludes third-party Dealers / Agents  

b)       Failure to notify “The Company” of any “Lot(s)” sold elsewhere, for whatever reason and prior to any bid/make an offer/buy now being submitted to “The Company” / it’s website, within 2 days of the “Lot(s)” being sold elsewhere, will result in the “Client” being invoiced an administration fee of £295 + VAT per “Lot”. “Lot(s)” within this period remain subject to term 35.clauses a) & c)

c)       Should the “Client” notify “The Company” of any “Lot(s)” sold elsewhere and/or notify “The Company” to withdraw any “Lot(s)” for whatever reason, after any bid/make an offer/buy now has been submitted and/or accepted for the “Lot(s)” through the “Company” and/or its website, will result in the “Client” being invoiced the “Purchaser” premium per “Lot(s)” sold elsewhere or withdrawn.

1. 35.   Insertion fees: Outside of promotional periods, all “Lot(s)” placed online by the “Client” for a single auction the “Client” will incur a fee of £95.00 per “Lot(s)”, payment will be made against the “Client’s” credit / debit card or via invoice and will be subject to change as per “The Company’s” discretion.
2. 36.   Payment to “Clients”: on acceptance by “The Company” of a “Purchaser’s” successful  bid and receipt by “The Company” of monies in full from the “Purchaser”, the “Client” will be notified and the “Client” will supply “The Company” an invoice for the final bid value plus VAT. On receipt of the invoice “The Company” will transfer the invoice value in full to the “Client”. Ownership of the “Lot(s)” will now transfer to the “Purchaser” and collection of the “Lot(s)” will be permitted from both the “Client” and “The Company” to the “Purchaser”. All “Lot(s)” must be collected within 14 days from date of invoice unless “The Company” and the “Client” agrees an additional period. All “Lot(s)” purchased but not collected within the agreed period can be be relisted for sale.
3. 37.   “Client’s” responsibilities:

• Isolate electrical supply to machine; complete full site safe isolation of electrical supply in accordance with IEE wiring regulations.
• When Assurance+ is being used, allow clear access for “Lot(s)” removal from site (maximum time allowance onsite for collection of “Lot(s)” is four hours, any additional time required may be charged to the “Client” unless notified in writing prior to “Lot(s)” collection or notified upon insertion when requested.
• Safe extraction and disposal of coolants, oils and all other liquids which must be removed prior to transit, in accordance with current regulations and to avoid any risk of spillage in transit.

1. 38.   If Assurance+ is not taken, then it is both the “Purchaser’s” & “Client’s” responsibility to agree and undertake the following actions:

• Decommission machine in accordance with the manufacturer’s recommendations regards lifting and transit conditions.
• Transit machine from site location and load to transport.
• Transport machine, unload and site at new location.
• Supply new coolants, oils and other liquids as required.
• Connect electrical and pnuematic supply as required.
• Commission “Lot(s)”.

1. 39.   All Assurance+ quotes will include “Purchaser” responsibilities, subject to item 39 of these terms and conditions, with the exception of:

• Electrical supply and install to machine.
• Pnuematic supply and install to machine.
• Supply all oils.
• Safe extraction and disposal of coolants, oils and all other liquids which must be removed prior to transit, in accordance with current regulations and to avoid any risk of spillage in transit.
• When using Assurance+, maximum time allowance on site for loading and / or unloading of “Lot(s)” is four hours, any additional time required may be charged to the “Purchaser” unless notified in writing prior to “Lot(s)” collection or notified upon request for Assurance+ quotation.