On instructions from R K Hemus & Sons an onsite auction sale of arable machinery and equipment at Bullock End Farm, Drayton Bassett, Tamworth, Staffordshire, B78 3TP on Thursday 12th September 2019. Sale to commence at 10:30 prompt.
Please view the catalogue at the following link https://www.fishergerman.co.uk/images/R-K-Hemus-_-Son---Farm-Machinery-Auction---Auction-Catalogue.pdf
All buyers will need to preregister online in advance of the Sale or onsite on the Sale Day
If you have any queries, please contact our auction team on 01302 243933 or firstname.lastname@example.org
Terms & Conditions
Fisher German (herein called ‘the Auctioneers’) act in every respect relating to goods and the sale thereof as agents only of the person or persons (herein called ‘the Vendor’ sending to or leaving such goods with the Auctioneers with a view tothe sale thereof.
1. Third Party Liability: The Auctioneers will not be responsible for any loss damage or injury occasioned to or sustained by any person during the period of publicviewing and the auction sale howsoever the same may arise unless arising from the negligence of any employee of the Auctioneers.
2. All lots – which terms shall include all forms of personal property whatsoever are tendered for sale subject to these Conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer. In these Conditions ‘the Auctioneer’ shall be the company or firm or person, or his ortheir servant or agent who has agreed to auction any lot. 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 therefrom. Any bid shall be deemed to be an offer by the buyer (a term used herein as including the bidder and any principal or employer of the bidder) to purchase any lot tendered upon these Conditions alone.
3. DESCRIPTIONS: Every effort is made to ensure the accuracy of the descriptions of each lot but these whether made orally or in the catalogue are expressions of opinion and not representations of fact. No employee of the Auctioneers has any authority to make any representation of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authorship attribution origin date age provenance and condition and for accuracy of measurement of weight of any lot or lots. The auctioneer may at the sale and at his discretion modify any description or statement in the catalogue.
4. MISREPRESENTATION: All lots are sold as shown with all faults imperfections and errors of description. Subject to the following paragraph neither the Auctioneers nor the Vendor shall be responsible for errors of description or for genuineness or authenticity of any lot or for any default or defect in it howsoever caused. No warranty is given by the Auctioneers or the Vendor to any Purchaser in respect of any lot and implied conditions or warranties (except in the case of the Vendor those implied under Section 12 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973) are hereby excluded. If within fourteen days after the sale the Auctioneers receive from the Purchase notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the Purchaser returns the lot to the Auctioneers in the same condition as prevailed at the time of the sale free of any liens charges or encumbrances and satisfies the Auctioneers that (having regard to the entry in the catalogue) the same is a deliberate forgery then the Auctioneers shall be entitled to rescind the sale and to refund to the Purchaser the purchase price of that lot. In deciding whether or not the lot is a deliberate forgery the Auctioneers shall be entitled at their discretion and at the cost of the Vendor to seek the view of any expert or other authority. Notwithstanding that the said lot is a deliberate forgery the Purchaser shall have no rights under this provision where A: the said catalogue description at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated there to be a conflict of such opinions; or B: it can be established that the lot is a deliberate forgery only by means of scientific processes not generally accepted for use until after publication of catalogues.
5. PAYMENT: Cash or bankers draft. Cheques accepted from purchasers if accompanied by a letter from the purchaser’s bank stating the amount up to which cheques will be honoured. Cheques not accompanied by such a banker’s letter or authorisation will be subject to a special clearance surcharge of £10 or such other sum which may be imposed from time to time to cover the cost of rapid clearance of cheques. No lots may be removed from the Sale Site on uncleared cheques.
6. CLEARANCE: All lots must be removed by the date specified in the General Remarks. The Auctioneers shall not be responsible for any loss or damage of any kind whether caused by negligence or otherwise while any lots are in their custody. If at the expiration of seven days after the date of the sale a lot is not paid for in full and taken away the sale may be rescinded without any notice being given to the purchaser.
7. AGENCY AND COMMISSIONS: The Auctioneers act as agents only and are not responsible for default by either the Vendor or the Purchaser. They will execute commissions received in writing up to one hour before the sale only on condition that lots have been viewed by the intending Purchaser. They will accept no responsibility relating to the commissioning of their staff other than the Commissions Clerk to bid on behalf of the intending purchaser.
8. The Health & Safety at Work etc Act 1974; Agriculture (Field Machinery)Regulations 1962; Tractor Cabs Regulations 1974, and all other applicable to Farm Safety: Purchasers are reminded of the Regulations regarding the safeguarding of implements and machinery, and some items sold at this sale may not immediately comply. Accordingly, it is a condition of the Contract of Sale that the Purchaser shall undertake to comply with the Acts and Regulations relating to such machines and implements he or she purchases.
9. The Auctioneers tenders any lots for sale as agent for and on behalf of the person from or through whom instructions for sale have been received (the Seller) and not on the Auctioneer’s own behalf. The sale of any lot shall be concluded and binding at the moment when the lot is knocked down. The highest bid will be accepted save in exceptional circumstances, such circumstances to be determined by the Auctioneer whose decision shall be unchallengeable.
10. The Auctioneer shall have the sole and exclusive right at the site of the auction to determine all matters whatsoever concerning the conduct and/or effect of any auction sale or purported sale and without prejudice to the generality of the foregoing he shall be entitled to resolve disputes between bidders, to reject any bid, to withdraw, divide or consolidate any lots or lots and he will be entitled to bid on the Seller’s behalf. He will further be entitled to require proof of identity and/or of authority from any bidder.
11. The buyer must forthwith identify himself and any principal or employer, together with appropriate means of identification to the Auctioneer, his servants oragents and if required to do so must pay 25 per cent of the sale price forthwith by way of deposit. The total sale price less any such sum 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 instrument has been honoured in full (or cash has been paid) such payment to be made within the time specified in the sale notes or in default of specification by 5 o’clock pm on the day of the auction or on the next complete working day (excluding Saturdays). Time of payment shall be of the essence.
12. The buyer shall not be entitled to remove any lot from its position at the time of sale until the purchase price of that and any other lot purchased at the auction has been paid in full and in default of payment as aforesaid the Auctioneer shall have a lien upon all lots purchased by the buyer during the same auction and shall be entitled to rescind the sale in respect of any lot or lots for which full payment is not made in due time, forfeit any deposit paid in respect of them and resell the same without any right of compensation to the buyer. The Auctioneer shall also be entitled to charge interest upon any unpaid balance at the rate of 1 per cent above base rate from time to time and to charge for storage arising after the time for removal at the rate of 25 per cent per annum of the sale price until he elects to rescind the sale, if at all, which election he may make at any time after such non payment.
13. The title to any lot shall remain in the Seller until the full sale price and any storage and interest charges have been paid to the Auctioneer, but the risk of damage to or loss of the lot by whatsoever cause and in whatsoever circumstances shall be transferred to the buyer upon the sale.
14. The Auctioneer warrants that he will only sell lots which he believes to be owned by the Seller or to which the Seller will be able to pass a good title but should it transpire that the Seller’s title to any lot is defective or that the Seller cannot pass a good title to the buyer, the Auctioneer shall be under no obligation to the buyer, other than to use his best reasonable endeavours (short of litigation) to procure the transfer of a good title to the buyer and to assist the buyer in exercising any remedies that he may have against the Seller.
15. 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 to indemnify the Auctioneer and the Seller 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. Buyers must insure against these risks.
16. All conditions and warranties as to the condition, quality, description or fitness for any purpose whatsoever of any lot sold by the Auctioneer are hereby expressly excluded. Neither the Auctioneer nor the Seller will be bound by or liable for any representation of any kind whatsoever, whensoever or howsoever made. Neither the Auctioneer nor the Seller shall be liable for any loss or damage whether caused by regligence or otherwise of either or of both of their servants or agents and without prejudice to the generality of the foregoing neither the Auctioneer nor the Seller shall be liable for any loss of profits, business or production or similar or other loss whether direct or indirect or consequential, however caused. In the circumstances any potential buyer should rely solely and exclusively upon his own inspection of any lot and should not treat statements made in sale particulars or before or during the auction by the Seller or Auctioneer either as representations or to be relied upon.
NB: 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. The Auctioneer, his servants and agents have no authority to make representations.
17. Should a buyer, by himself, his servants or agents cause damage in any way to the site of the auction or damage to or loss of any lot thereat, the Auctioneer shall be entitled to exercise a lien in respect of any and all lots purchased by the buyer until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Auctioneer whose decision shall be final and unchallengeable. The Auctioneer’s assessed sum shall be paid by the buyer upon receipt of invoice therefore and payment shall be made forthwith, time being of the essence.
18. If before title to any lot has passed to the buyer thereof, the buyer, being an individual dies, enters into a composition or arrangement for the benefit of his creditors or has a Receiving Order in Bankruptcy made against him or, being a body corporate, has a Receiver or a Receiver and Manager appointed or goes into liquidition or enters into a composition or arrangement for the benefit of its creditors, then the contract for sale of such lot shall be automatically and without notice rescinded unless the Auctioneer elects otherwise within 2 working days of written notice of such an event. Upon rescission, any deposit paid by the buyer shall be forfeit and the Auctioneer shall be entitled to exercise the rights set out in these conditions of sale.
19. If a buyer is permitted to take possession of any lot before the full sale price has been paid, the Seller and/or Auctioneer shall be entitled to enter upon any premises of the buyer or under his control in order to repossess such lot.
20. If before title passes to the buyer under these Conditions, the buyer nevertheless purports to resell or otherwise dispose of the lot or any interest therein, the buyer shall hold the proceeds of such sale or other disposition upon trust for the Auctioneer and the Seller jointly until title passes to the buyer under these conditions, if at all, and in the meantime the buyer shall not deal with, charge or dispose of such proceeds except with the written consent of the Seller or of the Auctioneer.
21. These Conditions shall be construed in accordance with and governed by English law and shall be subject to the jurisdiction of the English courts.
22. A 5% internet surcharge will be chargeable on the value of the hammer price of any lot bought online through Fisher German or their third party auction website.