This auction is being conducted by EquipNet, Inc. CLICK HERE TO VIEW THE FULL CATALOG AND REGISTER TO BID.
Terms & Conditions
EQUIPNET AUCTIONS TERMS
Sale Currency: GBP
VAT: 20.00% (see subsection 5 below for more details
Buyer`s Premium: 16.00%
PAYMENT WILL BE WIRE TRANSFER
All Equipment purchased at this auction MUST be removed and loaded by the approved vendor for this project.
Each lot at the auction will have a cost for removal and loading in the lot description.
TOTAL PURCHASE PRICE Payment is due upon successful bid(s). EquipNet, Inc. (“EquipNet”,or” EquipNet, Inc”.) will require a deposit prior to bidding of not less than 200.00 GBP or twenty five percent (25%) of the Buyer`s aggregate PURCHASE PRICE estimate with the balance due upon successful bid. EquipNet, Inc. may contact bidders requesting credit card hold or wire transfer confirmation as a deposit. If no deposit is received upon request EquipNet, Inc. reserves the right to refuse or cancel Buyer`s bids with Penalties and re-sell Goods.
International Trade Compliance: Important Notice-This auction requires that registered bidders have their registration information reviewed for approval against a set of International Trade Compliance Standards. In the event, in the sole discretion of the seller, that these standards are not satisfactorily met by any registered bidder, then any bids that are submitted by such bidder may be considered invalid with no obligation of sale, should such bid(s) remain the high bid at the conclusion of the auction.
1. EquipNet charges a buyer`s premium at the time of sale, which is an additional charge above and beyond the equipment bid. A 16% Buyers Premium will apply at this sale.
2. All items unless otherwise stated are sold "AS IS, WHERE IS, WITH ALL FAULTS." There are no warranties made by EquipNet, Inc. or the Sellers(s) as to the merchantability or fitness for any specific or particular use. : The Consumer Protection Act 1987- No lots are sold as new.
3. Final Auction Bid Acceptance and Payment
All auction equipment is subject to internal redeployment, cancellation of listing, or other sale prior to formal acceptance of an auction bid by the seller. The formal acceptance of an auction bid is not final until an invoice has been sent, timely payment has been received in full, a visual inspection of equipment satisfactory to EquipNet, Inc. has been made prior to shipment release, and timely shipment arrangements acceptable to EquipNet, Inc. have been finalized. Only after the above conditions have been met will a sale be final. Members should not rely on other verbal or written forms of communication regarding bids.
Payment in full is due within 2 business day from the time an auction invoice has been sent or hand delivered. If payment is not received in full within 2 business day from the time an auction invoice has been sent any and all bids made by the member may, at the sole discretion of EquipNet, Inc. may be deemed null and void and the transaction cancelled. If a member fails to pay for their purchase, cancels their purchase without just cause, or fails to remove their equipment as required EquipNet reserves the right to cancel the purchase and charge an administrative fee equal to 15% of the accepted offer in addition to the 16% Buyers Premium. Also, if payment is not received within 2 business day from the time an auction invoice is sent EquipNet, Inc. reserves the right to suspend or terminate a members account without further notice. If a member fails to pay because funds were returned or rejected, EquipNet, Inc. may charge a returned check fee of $100.00 as well as other fees and premiums mentioned above. Buyers are required to pay their invoices in the same currency as the invoice. If payment is made using an alternate currency, then the buyer assumes the risk of currency conversion, including payment shortfalls.
4. While the descriptions and information contained in the advertised material for this sale are, to the best of EquipNet, Inc. knowledge, believed to be correct. EquipNet, Inc. and Seller(s) will not be responsible for any deletions, discrepancies or inaccuracies. Any announcements made at the auction or sale via electronic email or otherwise will take precedence over any previous announcements, advertisements or distributed material.
5. VAT will be added to the purchase price of all taxable items. Tax exempt buyers will need to present a valid tax exemption certificate and export documentation, otherwise their purchases will be subject to any applicable taxes as governed by local, county, state or federal law. Taxes can only be removed/refunded if the supporting documentation is provided timely. Tax exemption certificates and export documents must be sent to EquipNet within thirty (30) days of invoice date. European Community Buyer please provide your VAT number. Once we have received the appropriate official and stamped export documents, confirming transport outside of the European district and validated any VAT Number provided, we will refund the paid VAT.
6. All equipment load outs will be conducted by a vendor approved by EquipNet or Seller with NO EXCEPTION. Buyers can not utilize any vendor that is not approved by EquipNet or Seller. Buyer is responsible as a part of their invoice to pay loading charges as described in the catalog. The removal period for purchased items will be posted on the website or announced via email or at the auction or sale. Cost and responsibility of removal within the removal period remains with the buyer. All items must be removed within the specified removal period or shall be deemed abandoned and resold by EquipNet, Inc. Positively no refunds or credits for shortages or claims relating to items won at auction will be considered after goods leave the seller`s or seller`s agent`s premises.
7. In making a bid the buyer agrees to comply with the terms and conditions as herein stated or additional terms as made or distributed via email or at the sale or auction. Failure of the buyer to comply with the terms and conditions will be treated as a breach and if applicable the deposit as made will be retained. Further, EquipNet, Inc. may resell any purchased item publicly or privately with the liability for any deficiencies and cost incurred to affect the sale remaining with the buyer.
8. EquipNet, Inc. reserves the right to combine single items into lots, add or delete items prior to offering the item individually. Bids, which in the opinion of EquipNet, Inc. are not commensurate with the value of the item offered, may be rejected without any reason given. Where the Seller has a reserve on any item(s) EquipNet, Inc. shall have the right to bid the same on behalf of the Seller(s). All Online and Webcast auction sales are with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve EquipNet, Inc. may withdraw the goods at any time until the announced completion of the sale. EquipNet, Inc. reserves the rights to include assets from more than a single seller to be sold throughout the sale. 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 in their absolute discretion and whose decision shall be final and binding on all parties.
9. EquipNet, Inc. or Seller(s) shall not be held liable for any claims with respect to environmental problems arising out of hazardous materials which may be contained in items sold. Certain pieces of equipment may contain residual chemicals or elements. It is the Buyers responsibility to safely secure the purchased item in compliance with all applicable governmental safety standards in using, selling and transporting purchased items. If applicable it is expressly brought to the attention of Buyers (and potential buyers) that certain types of plant or main service installations could contain blue and white asbestos, dangerous chemicals and hazardous waste which if not handled correctly during their removal from the premises could be in breach of the Health and Safety at Work Etc. Act 1974 Sections 2-9 Control of Substances Hazardous to Health Regulations 1988 (COSHH) or other current legislation regulating the use of such materials in a working environment. The Buyer shall ensure so far as is reasonably practicable that they comply with the Health and Safety at Work Etc. Act 1974, COSHH and other current legislation in connection with the removal, handling and transport of such dangerous substances and or hazardous waste or shall employ a specialist contractor to remove them.
10. It is the responsibility of the buyer to obtain proper licenses where required for the export of any items that are considered controlled commodities; restricted from export without proper export licenses. Further, to Buyer’s attention at the time of sale, any item of plant, machinery or equipment contained in the goods may not necessarily comply with the Health and Safety at Work Etc. Act 1974; the Environmental Protection Act 1990; 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 reasonable that such equipment purchased at the Auction or sale will be safe and without risk to health and that the use of any such equipment purchased at the auction or sale at a place of work within the EEC & the United Kingdom and further does not contravene any such Act of Parliament or regulation applicable to such use.
11. Select items are subject to prior sale, redeployment or transfer. All bidders are advised to inspect each item individually or as a lot during the preview/inspection period prior to bidding. Buyers understand that inspection may be limited to website postings, images and descriptions.
12. All parties interested in bidding will be required to register prior to the sale or auction. Valid documents, passports or other acceptable form of photo ID may be required at the time of registration. Auctioneers reserve the right in their absolute discretion to refuse admission to the premises and grounds to any person. Neither the Auctioneers nor the Vendor will accept any responsibility for any accident, (except for that arising out of its negligence resulting in death or personal injury) howsoever caused to any person which may occur while on the premises, the Vendor`s premises or 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.
13. Additional terms and conditions as posted on Internet Bidding or announced at the auction site may supercede those listed above and such announcements may be made at the time of the sale or auction. 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.
EquipNet Inc, (“EquipNet”) provides a service (the "Services") that matches buyers with sellers of used equipment (the "Equipment"). As a result of its limited role, EquipNet has no control over the quality, compatibility, safety or legality of the Equipment offered for sale. These specific Auction Terms will become a part of and incorporated into the EquipNet, Inc. General Terms of Service, the current version of which can be found at www.equipnet.com (the “General Terms”). Accordingly, the term “Agreement” as used in the General Terms shall mean the General Terms plus these specific Auction Terms. All capitalized terms used and not defined in this Addendum will have the meanings given to them in the General Terms.
Bidder acknowledges and agrees that they will sign the following Sales Agreement between Seller and Buyer upon successful bid at Auction..
Additional Buyer Terms
All Buyers of equipment owned by Hammersmith Imanet Limited or Entity of Record (“Seller”) agree to the following terms of sale.
All equipment purchased hereunder from the Seller (“Sales Goods”) will be purchased As Is, Where As, as outlined in Buyers Terms and Conditions, as published on the website of Equipnet, Inc (“Equipnet”) at www.equipnet.com. Furthermore, while the commercial terms of an offer may have been accepted via EquipNet’s website, the final approval of sale is contingent upon approval of the Buyer by the Seller’s International Trade Compliance team and confirmation by Seller that the relevant Sales Goods has/have been cleaned according to Seller standards. If the relevant Sales Goods has/have not been cleaned then Seller may terminate this agreement without any liability to the Buyer or the Buyer may pay the additional cost to have the relevant Sales Goods cleaned to Seller standards before the relevant Sales Goods is/are released.
Buyer’s removal of the Sales Goods from the Seller’s premises for shipment offsite (“Removal”) will be coordinated by Purchaser with Equipnet and the respective Seller representative, and this coordination shall include, without limitation, directing and monitoring progress all of all aspects of the Removal, sequencing of the Removal, and the review and approval of any changes to the Removal or to the schedules. Buyer shall be responsible for preparing the areas around the relevant Sales Goods and will be responsible, with the coordination with Equipnet and the Seller Representative, for moving any items that may interfere with the Removal. Buyer shall provide, without limitation, all trucks, fork trucks, pallet jacks, slings, shackles, dollys, beam clamps, chains, packing, cradles, rigging, cranes, lulls, flagman, personnel, operating engineers, and other similar equipment and personnel as may be required to remove the relevant Sales Goods from the Removal area and onto trucks for shipment offsite.
Buyer shall take any and all precautions necessary to protect Seller’s facility, including, without limitation, areas surrounding the Removal area, roadways and sidewalks. Buyer shall be responsible for the repair of any and all damage to Seller’s property resulting from the Removal. Any and all debris created by Buyer in performance of the Removal, shall be removed daily, leaving the area in good housekeeping condition.
In the event any Seller permits are required in the course of the Removal, Buyer shall initiate and coordinate with Equipnet, and Buyer will execute, subject to Seller approval thereof, any permits required to safety perform the work.
The risk in the Sales Goods shall pass to Buyer on Removal. Title to the Sales Goods shall not pass to Buyer until Seller has been notified by Equipnet that Equipnet has received payment in full (in cash or cleared funds) for the Sales Goods.
Buyer acknowledges that all descriptions of the Sales Goods are a good faith attempt to accurately reflect the specifications of the equipment being offered for sale. Buyer is responsible for verifying the truth and accuracy of all Sales Goods listing information. All items are sold as is, where is, and with all faults. Seller hereby excludes to the fullest extent possible all warranties, representations, terms and conditions (statutory, express implied or otherwise) as to quality, condition, description, merchantability or fitness for purpose (except for the implied warranty of title) of the Sales Goods. Sales Goods are being sold without software, if any is applicable. In the event that software is included in the sale of the Sales Goods, notwithstanding the disclaimer set forth above, Seller makes no representation or warranties regarding the Buyer’s right to use such software, as to the performance of the software, its non-infringement or otherwise. Buyer is to assume no Sales Goods carry a manufacturer’s warranty at the time such Sales Goods are offered for sale.
The Sales Goods are not suitable for domestic use. Seller will inform Buyer of any known hazards associated with Sales Goods but the safe use of the Sales Goods in the hands of Buyer is Buyer’s responsibility.
Seller shall not be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by Buyer or any other person or entity in connection with the sale of Sales Goods hereunder. Buyer agrees to indemnify Seller and its affiliate companies, officers, agents and employees from any and all liability including claims, demands, and expenses of every kind and description arising in connection with the Buyer’s use of the Sales Goods and/or alleging that the use to which the Sales Goods are put infringes the intellectual property rights of any third party.
All payments due under the agreement are exclusive of any Value Added Tax (“VAT”) or similar taxes. In the event that any VAT or similar taxes are properly due under any applicable law, regulation or otherwise, this shall be charged in addition to any other payments due under this agreement and shall be payable by the invoiced party on receipt of a valid tax invoice issued by the invoicing party.
If Buyer does not remove the purchased Sales Goods during the stated removal period, Seller, in accordance with Equipnet`s Buyer Terms, may deem the item to have been abandoned by Buyer and thereupon the Buyer shall have no further rights with respect to the relevant Sales Goods and this agreement shall be deemed to have been terminated without the Seller having any liability to the Buyer.
It is the Buyer’s sole responsibility to meet all government safety and environmental standards in removing, shipping and using any purchased Sales Goods. Certain Sales Goods may contain hazardous substances as that term is defined under environmental laws and regulations. While the Seller may have cleaned the equipment prior to sale it is the Buyer’s responsibility to ensure it contains no materials that would affect its intended use and Seller makes no warranties or representations to that effect.
Buyer agrees to comply with all applicable export control laws, regulations, rules, and orders of the United States and all other applicable jurisdictions, and will not export, re-export, release, or transfer (collectively "export"), directly or indirectly, any Sales Goods, or enter into any transactions, for any proscribed end-use, or to or with any proscribed country, entity, or person (wherever located), including but not limited to those entities and persons listed on the U.S. Government`s Denied Persons List, Unverified List, Entity List, Debarred Parties List or Specially Designated Nationals List, without first obtaining at its own expense written authorization from the U.S. Government. Seller reserves the right to terminate this agreement without any liability to the Buyer at any time in the event it determines, in its sole discretion, that the sale does or may violate applicable U.S. export control or similar laws.
In the event of any conflict between these terms and the terms of Equipnet’s Buyer’s Terms and Conditions, these terms shall prevail.
These terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
These terms and the terms of Equipnet’s Buyer’s Terms and Conditions (to the extent they do not conflict with these terms) constitute the entire agreement between the parties relating to the subject matter of this agreement. Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out herein.
BY SO AGREEING TO THE TERMS OF THIS AUCTION BUYER ADDITIONALLY AGREES TO AFFIX HIS SIGNATURE AS REQUIRED AS ACCEPTANCE OF THE TERMS OF THE SELLER AS POSTED ABOVE.