A quantity of test weights in a stillage, as lotted

SPECIAL CONDITIONS OF SALE

Relating to Sale by Public Online Auction

TJ PLANT & LIFTING SERVICES LIMITED

All attendees entering the site will be required to register their details confirming they agree to the General and Special Conditions (together the “conditions of sale”) detailed in the catalogue and on site.  Failure to register will prevent access to the site.

For information regarding individual lots, please contact Charterfields on 0330 202 0116 

BUYER'S PREMIUM - 15%

All lots are subject to the Buyer's Premium at 15% of the sale price plus VAT.

VIEWING

Viewing will take place on site at the company premises of TJ Plant & Lifting Services Limited, Unit 24B GWS Trading Estate, Leabrook Road, Wednesbury, WS10 7NB on Friday 28 January 2022 opening at 10am.  The closing time will be strictly adhered to closing at 4pm.

Prospective bidders should view and mark their catalogue as no lotswill be accessibleat the point of sale and are purchased as seen.

BIDDING                            

The auction will start to close from the time stated in the auction catalogue. Each lot will close at timed intervals as identified on the auction website. Where a bid is placed in the last minute prior to a lot closing, the time will be extended to allow further bidding to take place. This will not affect the closing time of any following lots assuming no further bids are placed within the last minute those subsequent lots.

The Auctioneer or its agents, reserve the right to cancel, block or remove any bid/bidder from the sale, if the bidder has registered before and not complied with any of the terms and conditions of sale.

By making a bid on any lot, the bidder makes an offer to purchase the lot at the bid price in accordance with the terms and conditions.  Once a bid has been placed, it cannot be withdrawn or cancelled.

SALE COMMENCEMENT AND LOCATION

The auction will be an internet based online auction.  Bidders will be able to view the lots online at www.charterfields.com www.bidspotter.co.uk and www.ibidder.com  The auction will open at 9am on Friday 28 January 2022 and close from 12 noon on Thursday 03 February 2022.

REGISTRATION

All persons wishing to bid will be required to register and agree to Charterfields Terms and Conditions, prior to bidding.  All lots sold are subject to Charterfields Terms and Conditions only.

The Auctioneer and its agents will verify the details provided by prospective bidders.  Any person or company who fails to comply with the conditions of sale or provides incorrect details to the Auctioneer, or any other auctioneers, will be prevented from registering and bidding on this or any other sale conducted by the Auctioneer.

Initial Registration

In order to bid with IBidder/Bidspotter, prospective bidders must register a user name and password. Prospective bidders should click on “Register” at the top of the home page, complete any personal or company details and submit the form. Once the information is received bidders are approved to bid in the auction.

Auction Registration

To bid in an individual auction, bidders should register with their user name and password, click on the auction from the home page, select the option ‘sign up to bid’, and enter a credit limit (which is the amount available to spend on ALL items that they might bid on in the auction). Once the registration is received the bidder's details will be examined and the Auctioneer will approve the bidder to bid.

Deposits
A deposit of £1,000 will be required from all Non UK registered companies, otherwise bids will be excluded.

The deposit must be paid through a UK bank.  This deposit will be held in our non interest bearing client account.  For successful purchasers, the deposit will be taken as part payment or refunded in part if the invoice is less than the deposit.  Unsuccessful bidders will be refunded by BACS only.  In the event of default by the buyer, the deposit will be used, where the payment terms detailed below are not complied with.

Bidding

To actually place a bid, prospective bidders should click on the auction from the auction listing on the home page.

• Click on the button ‘View Catalogue’
• Click on the button ‘View Lot’

Then you have two options, you can either enter the next increment, which is stated, or you can put in a Maximum Bid.

If a Maximum Bid is placed, the system will automatically bid on your behalf against any other bidders, up to your chosen amount.

Once bid is entered, click on the button ‘Bid Now’.

Bidders can check which lots they are winning, losing or have won and lost by clicking on the section ‘My BidSpotter’ at the very top of the page.

Once a bid has been placed, it cannot be removed.

NOTIFICATION OF SUCCESSFUL PARTIES

Successful bidders will be invoiced within 24 hours after the last lot being sold, by email.  It is the bidder’s responsibility to check emails and post for notification of success.

Underbidders may be contacted if the highest bidder defaults on payment.

PAYMENT Deadline 12 NOON ON FRIDAY 11 FEBRUARY 2022

• No cash
• No bankers drafts
• No building society cheques
• No company cheques                                             

MUST be made in full by 12 noon on Friday 11 February 2022.  Lots purchased may only be removed upon receipt by the Auctioneer of CLEARED FUNDS by one of the methods detailed below:-                   

DEBIT CARD: BY TELEPHONE, PRIOR TO COLLECTION.  PLEASE CALL 0330 202 0116 TO MAKE PAYMENT.  CREDIT CARDS NOT ACCEPTED. PLEASE ENSURE THAT YOU HAVE SUFFICENT FUNDS IN YOUR ACCOUNT WHEN MAKING THIS PAYMENT.

DIRECT SAME DAY BANK TRANSFER, FASTER PAYMENT OR CHAPS: PRIOR TO COLLECTION.               

NOTE: CHAPS PAYMENT - SAME DAY PAYMENT, (YOUR BANK MAY CHARGE FOR THIS SERVICE). 

INTERNET BANKING: PRIOR TO COLLECTION

BANK DETAILS SHALL BE PROVIDED ALONG WITH THE INVOICE TO SUCCESSFUL BIDDERS

Please mark your payment with your company name for reference purposes.

All attendees entering the site will be required to register their details confirming they agree to the terms and conditions of sale.

CLEARANCE

Charterfields will not wrap, pack or be responsible for preparing goods for collections  

Any goods left on site after 4pm on Wednesday 16 February 2022 will be either deemed abandoned and scrapped or a charge equalling to the daily sum for rent and rates charged pro rata to those individuals with items on site. You will also be responsible for the costs of a porter attending site to facilitate access at the flat rate of £150 + VAT and mileage at £0.75p per mile.

ALL LOTS MUST BE COLLECTED IN PERSON.  ABSOLUTELY NO COURIERS!

Please note access to site for equipment removals is extremely limited, accordingly buyers may be requested to park nearby and load in turn after marshalling their purchases to the loading bay. It is also important to note that there is no on site materials handling equipment available therefore buyers must supply suitable lifting equipment, tail lifts or similar for independent loading of purchases.

Collection Days:     Tuesday 15 February 2022 between 10am and 4pm

                               Wednesday 16 February 2022 between 10am and 4pm

The Auctioneer will notify all persons on site 15 minutes prior to closure of the closing time.  The Buyer must use this time to ensure that it and its contractors are prepared to vacate the site by the deadline.     

NOTE:  Closing times will be strictly adhered to and all persons will be required to have vacated the site by the time stated.

No lots shall be removedwithout the authority of the Auctioneer, or its duly authorised agent or servant.

If lots have not been removed in full by the clearance deadline, then the Auctioneer will strictly apply the conditions of sale.  (The Buyer is referred to clause 9 of the General Conditions of Sale - Default by the Buyer).

IN RESPECT OF THE CLEARANCE DEADLINE, TIME IS OF THE ESSENCE AND ANY LOTS REMAINING ON SITE AFTER THIS DEADLINE WILL BE FORFEITED BY THE BUYER ALTHOUGH THE BUYER WILL REMAIN LIABLE FOR ANY COSTS INCURRED BY THE AUCTIONEER DUE TO FAILURE BY THE BUYER TO COLLECT THE LOTS BY THE SAID DEADLINE.

PLEASE NOTE - In the interest of security, access to the site during clearance times may be restricted.  Please ensure that you make appropriate arrangements through the auctioneers to ensure that you are able to comply with the clearance deadline for removal of lots from the site.

It is the Buyer's responsibility to assess and provide the necessary equipment, manpower and specialist services, where required, to disconnect, remove and load each lot purchased and the Auctioneer shall have no obligation to assist in such disconnection, removal or loading.

During busy periods, access for clearance to the site or to lots may be restricted on the grounds of health and safety.  The Buyer agrees that neither the Auctioneer, Seller or its agents will be liable for any claims and/or costs arising for the hire and /or use of any equipment, demurrage or contractors required by the Buyer to remove the lots.

Porterage staff are on site to supervise and control removals, not assist in the handling or loading of lots.

SITE PROCEDURE

The Auctioneer, its agents or sub contractors reserve the right to refuse admission or ask any person to leave site whose behaviours is abusive or deemed by the Auctioneer to be unacceptable.  Any person found to be acting in a manner which may put others at risk will be asked to leave site immediately.

In case of fire all visitors and contractors are to exit the premises promptly as directed by the Auctioneer and its staff.

All visitors and contractors and their vehicles may be subject to search whilst on site.

All visitors and contractors are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective clothing if appropriate.

HEALTH & SAFETY

Depending on the size of the removal programme, certain projects may come under the Health & Safety Executive ("HSE") assuming the role of the client under Construction, Design and Management Regulations 1994 ("CDM"). This will be where walls, roofs, or major structural movement may take place. Any plant movement involving more than a “Lift & Shift” operation needs to be referred to the Auctioneer before a “Permit to Work” is issued.

Clearance of all lots must be undertaken in accordance with current Health & Safety at Work Regulations and, where necessary, CDM. The Buyer accepts that it may have to provide a “work method statement” and “risk assessment” approved by the Auctioneer prior to the removal of any lots. The Auctioneer reserves the right to halt clearance if it feels, in its opinion, removal is being carried out in an unsafe manner or without an approved “method statement” and “risk assessment”, as stated.

Oil / Liquid Removal

Any fluids, sediments and solids remaining in the lot offered for sale at the time of purchase are the sole responsibility of the Buyer and MUST be removed from site to conform with Control of Substances Hazardous to Health Regulations ("COSHH") or such other regulations as shall be from time to time in force.  Where waste materials are removed, all work must be undertaken at the Buyer's risk by an approved and licensed contractor.

MOTOR VEHICLES

Mileage details if provided whether verbally or in writing are not verified or guaranteed.

Documents, where available, i.e. V5 documents, log books, and MOT certificates, will be made available to the Buyer, however the Buyer should not assume that vehicle documents are available.

PROXY BIDS

At the end of this auction catalogue is a form upon which bids can be entered by prospective bidders who may experience difficulty in bidding online.  Any bid made by completing the form and returning it to the Auctioneer prior to the Auction constitutes an offer by the prospective bidder to purchase the lots detailed in the bid, which may be accepted on behalf of interested parties without liability on behalf of the Auctioneer.  Successful bidders only will be notified by telephone as soon after the sale as possible, usually on the evening of the auction or on the morning following.

RESERVE PRICE - AUCTION 

The Auctioneer may, at its discretion, or upon the instruction of the Seller:-

a) alter or withdraw all or any lots referred to in this auction catalogue prior to the hammer falling in relation to a sale ofsuch lot(s).

b) where a reserve price has been placed on any lot, withdraw that lot in the event that the highest bid price does not meet the reserve price.

c) bid, on behalf of the Seller, or accept bids from the Seller,for any lot or lots offered for sale at the auction.                  

DESCRIPTIONS                              

The information contained herein as to quality, description, etc, of the goods is provided in good faith but represents the Auctioneer's opinion without obligation, and prospective purchasers must rely on their own examination of the goods.  Included in this auction catalogue are General Conditions of Sale and Special Conditions of Sale both of which are incorporated in the sale contract. Buyers will be deemed to have read and understood these conditions. Buyers are not entitled to any goods or other items not included in the lot description in this catalogue.

WARRANTY                                   

All goods are sold without warranty and any conditions and warranties as to condition, quality, description or fitness for any purpose are expressly excluded to the fullest extent permitted by law.

DAMAGE TO PREMISES OR OTHER GOODS

The Buyer will be responsible for all damage occasioned to the premises or goods in the premises including damage caused by its carriers, agents or servants in removing lots purchased.  At the discretion of the Auctioneer a deposit may be required prior to or during the removal of lot(s).  Such depositwill be refunded subject to completion of removals to the satisfaction of the Auctioneer or their agent.  Should the Buyer refuse to deposit such monies the Auctioneer may refuse the Buyer access to the premises for the purpose of collecting all or any lots purchased.  In the event that the Buyer is refused access to the premises on these grounds, this shall not limit the Auctioneer's right to make claims against the Buyer in relation to a non collection of goods prior to the stated deadline in accordance with the conditions of sale.

INSURANCE, RISK & TITLE

Buyers should note that on being notified of their bids being successful, the lots stand at the Buyer's risk but collection will not be allowed until the lots have been paid for in full by way of cleared or bank guaranteed funds.  Buyers are strongly advised to immediately take advice by way of risk assessment and take out sufficient insurance cover to protectagainst the risks.  The duty of the Auctioneer and/or the Seller to deliver lots shall be deemed performed upon the fall of the hammer even if a lot is subsequently damaged and/or part thereof has been lost, stolen, or damaged after the fall of the hammer. To the fullest extent permitted by law no responsibility whatsoever will rest with the Auctioneer or Seller in the event of any loss suffered.

TRANSFERS                          

The Auctioneer will not, under any circumstances, recognise the transfer of lots to third parties.

RELEASE OF LOTS

No lots will be allowed to be removed until all monies owed by the Buyer have been settled in full by way of cleared funds.

PURCHASE OF LOTS THROUGH FINANCE COMPANY

The Auctioneer draws the attention of prospective bidders contemplating purchasing lots through a finance company to the importance of making such arrangements well in advance of the sale so that they may make payment in accordance with the conditions of sale.

VALUE ADDED TAX [VAT]   

Lots are sold subject to the addition of VAT in accordance with the rules of HM Revenue and Customs and the Buyer should make its own enquiries as to whether or not particular lots attract VAT.  In practical terms, the majority of lots will be subject to the addition of VAT although, one particular exemption from this is in respect of motor cars which are exempt.

Where VAT is payable, it will be levied on the bid price and charged in addition to the bid price.  Where the sale is subject to a Buyer’s Premium, then VAT will also be payable on, and in addition to, the calculated Buyer’s Premium.

VAT charged on the bid price, may be refunded, in appropriate cases, where notification has been received by the Auctioneer before, or within two working days, of completion of the sale, that the buyer intends to export the lots.  Where such notification has been received, the VAT will be levied at the point of sale and held, for a period of four weeks, from completion of the sale.  For these purposes, the completion of the sale is specified as Wednesday 16 February 2022.  The Buyer should note that the Buyer’s Premium is a supply within the UK and is not refundable irrespective of whether or not the goods are exported.

Subject to the above VAT will only be repaid in the following circumstances:-  

Non UK Registered Companies – Following the United Kingdom’s exit from the EU on 31 December 2020.  VAT will be repaid upon receipt of a copy of the Bill of Lading, or other official documentation, to prove that the goods have been exported.

In the event that the Buyer does not comply with the above terms, the VAT element will be transferred to the Seller in accordance with our standard VAT procedures.

ELECTRICAL DISCONNECTION

Electrical disconnections from the MAINS supply are the responsibility of the Buyer, unless stated otherwise in the catalogue where a disconnection charge of £25 plus VAT will be made. All machines and electrical equipment must be disconnected in a proper and workmanlike manner and removals and disconnections MUST be carried out by an approved electrician.  All isolation switches are to be left in-situ and are specifically excluded from the sale.  All disconnections must be taken from beneath the junction box.

REMOVAL OF LOTS

Any person or persons seen to be acting in a manner which may endanger themselves or others, will be asked to stop and leave the site immediately.

It is the Buyer’s responsibility to ensure that arrangements have been made for the removal of all lots purchased.  The Buyer accepts that:-

• Porters are not employed to assist in the removal of assets, only supervise;

• Removal of lots to be undertaken by the Buyer;

• Only assets with lot tickets are offered for sale;

• Any Buyer found to be damaging the premises or fabric of the buildings will be immediately asked to leave the premises.

• The Auctioneer, its agents and porters are on site to supervise and control removals, not assist in the handling or loading of lots.  Insurance cover is not in place for the Auctioneers to undertake handling.

LOCATION/DIRECTIONS TO VIEW AT PREMISES

Please go to www.streetmap.co.uk, www.multimap.co.uk, www.google.maps.co.uk.

PARKING

Please note that parking is restricted on site.  Vehicles park at owners risk.

INTERNET SERVICES

Charterfields cannot guarantee that the internet services will operate continuously or without interruptions.  Such an occurrence may affect the conduct of the Online Auction and the ability of Bidders to bid.  Charterfields shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to the internet services or power failures or any other unforeseen circumstances that may occur during the Online Auction.

MAILING DATABASE

All approved bidders will automatically have their details placed on our mailing database to enable us to notify you of future sales.  Should you wish to exclude your details from our database please email us on enquiries@charterfields.com