Online Auction of Contractors Plant, HGVs Farm & Groundcare Machinery.
Wednesday 29th November - Plant, Machinery & HGVs - bidding now open and closes from 11.00am 29th November
**** All Lots SOLD AS SEEN – No Warranties Whatsoever ****
No Complaints Regarding Faulty Or Incomplete Items Will Be Entertained.
All measurements & readings supplied are provided as a guide only and are not to be relied upon.
Bidders are strongly advised to view the lots and satisfy themselves as to the lot's dimensions, condition and any readings.
Photographs & videos are provided for reference only. They are not to be taken as a substitute for viewing the items in person.
No complaints regarding inaccurate measurements will be entertained.
Any complaints regarding misdescriptions must be lodged formally with the auctioneer, in writing, no later than 4.00pm on the Monday following the auction.
No complaints regarding misdescriptions after this time will be entertained. No claims for incidental expenses (eg delivery costs) will be entertained.
No V5's or Keys available for vehicles/plant unless stated otherwise.
All items subject to VAT unless stated otherwise. Please DO NOT BID If You Do Not Accept These Conditions.
You Will Be Required To Accept Our Terms & Conditions Before Bidding.
*** Prior Viewing Is Very Strongly Advised. *** Purchasers Decline This Opportunity At Their Own Risk.
This Auction Sale Is Governed By Our Sale Conditions.
All items subject to VAT unless stated otherwise.
Items on view at the following location unless stated otherwise:
Husseys Auction Centre, Tedburn Road, Whitestone, Exeter, EX4 2HH
Other items may be on view at other locations. Please see lot description for details.
Viewing Monday 27th & Tuesday 28th November 9.00am to 4.00pm. We are also open weekdays between auctions for viewing (except Bank Holidays)
Bidding closes from 11.00am Wednesday 29th November
Buyers Premium: 12% (10% plus VAT)
There is a maximum cap on the buyers premium of £360.00 per lot (£300.00 plus VAT) per lot.
There is also an internet surcharge of 2.4% (2% plus vat) of the hammer price on top of the above.
VAT: Please be aware that some lots (usually lots not subject to VAT) are sold as being part of the 'Auctioneers Margin Scheme'.
In this circumstance it should be noted that the VAT included within the Premium and Online Fee is not recoverable as input tax.
Exports: Please see 'VAT Exports' in sale conditions.
All payments to be settled in full by 4.00pm Thursday 30th November
Please ring 01392 425481 to arrange/make payment or bank transfer straight into our account.
All Payments to be made to Husseys. No payment facilities available through i-bidder/bidspotter.
BACS Details: HSBC, Sort 402030. Account 71578480
Payment can be made by Cash (to a maximum of £9,000) (subject to a 1.2% (1% plus VAT) surcharge on the total bill amount), Debit Card (no extra fee) or by bank transfer to the Auctioneers’ client account as above
Please Note: we do not accept credit cards for payment although they may be used for registration/identification purposes only.
Should payment not be received for any lot by the stated payment deadline, the auctioneer reserves the right to withdraw from the sale of that lot. ibidder will be informed of any purchasers who default on their purchases and banned from future auctions with Husseys.
We reserve the right to apply a late payment surcharge of 5% of the total outstanding if payment is not made within the stated time.
Plant: Items may be collected from Wednesday 29th November by appointment please. Ring 01392 425481 to arrange appointment. Husseys Auction Centre, EX4 2HH unless stated otherwise.
Loading: No loading facilities available after 4.30pm any day.
Collection strictly by arrangement with the auctioneers (See also Uncollected Items below)
Large Items: Please ensure you have checked that we are able to load/forklift large items. If we can't, it is the buyer's responsibility to arrange loading (eg crane hire) at their own expense. Items sold offsite: Please check loading arrangements in advance.
(Collection from third party sites by arrangement with the vendors only.)
Please note: Husseys have one 3 ton forklift on site & there is only one forklift driver guaranteed to be here. There is NOT a loading ramp on site. Please ensure you send appropriate transport for your purchases (e.g don't send a curtain sider for a 5 ton generator) & if the forklift is required please ensure that what needs lifting is within lifting capacity. The forklift driver values his safety & will not use multiple forklifts on any one item & the firm's staff will not partake of anything they feel is dangerous or unreasonable. The forklift will be operated by Husseys staff ONLY (not you or your lorry driver) & will endeavour to load you safely & efficiently.
Delivery of any items is NOT included or offered.
Purchasers may arrange their own courier service if they wish and the auctioneers will cooperate as much as is reasonable with this. Couriers must possess documentary evidence of the items being collected (ie receipted invoice). Couriers who do not have a clue what they are collecting, where it is going, or who it is for will be sent away empty handed.
Palleting Items: If requested we can palletise items for collection.
Please note that there is a £20.00 charge per pallet for this service.
Please do not bid if you are unwilling or unable to abide by the above.
Please Note: Items, even if paid for or unsold, that remain uncollected 14 days after the auction closes will be considered abandoned. Husseys will dispose of such items in an appropriate manner. If charges in disposal are incurred Husseys will hold the buyer responsible for these charges and will take all necessary steps to recover them. Storage will be charged at a rate of £5.00 per day per lot unless prior arrangements have been agreed in writing with Husseys. Unsold items that are scheduled for resale are exempt from this storage charge.
If you are not automatically approved to bid once you have completed the registration process it may be due to one of the following:
Card Not Approved. Please ensure that you enter valid card details. If you do not you will not be able to bid
Phone Numbers: Please ensure you validate your phone number. If you do not you will not be able to bid.
Email address: Please ensure you validate your email. If you do not you will not be able to bid.
Banned elsewhere? If banned by another auctioneer you will not be able to bid. We may request a deposit up front to approve your bid.
New Customer? If you haven't any trading history with i-bidder or bidspotter you will have to contact the auctioneers who will have additional security questions before approving your bid.
Please Note: This is the running order of the sale:
Lots 1 to 10: HGV's & Large Commercials, Followed by:
Lots 30 to 50: Lots Sold Offsite
Lots 80 to 100: Lots Sold Offsite (Will be delivered to Husseys the next day)
Lots 101 to 1000: Large Plant & Machinery, Followed by:
Lots 1001 to 2500: Small Tools & Equipment, Followed by:
Lots 2501 to 2999: Further Lots sold offsite
RMP - Runs, Makes Power
MUD - Mast goes Up & Down
RDD - Runs, Drives, Digs
RDL - Runs, Drives, Lifts
RMA - Runs, Makes Air
RTD - Runs, Tracks, Digs
FREQUENTLY ASKED QUESTIONS
WHEN IS THE AUCTION?
Online bidding runs from 1st November until Wednesday 29th November. Bidding closes from: 11.00 am
WHERE IS THE AUCTION?
Plant: Items located at: Husseys Auction Centre, Brookside Units, Whitestone, Exeter, EX4 2HH
WHEN IS VIEWING?
You can view the lots onsite by appointment. 01392 425481.
HOW DO I BID ONLINE?
Register with ibidder.com or bidspotter.co.uk.
HOW DO I PAY?
You will have to pay Husseys directly for items purchased online. ibidder/bidspotter will not charge your card as this is just used for identification purposes.
WHEN CAN I COLLECT?
Collection by appointment only. Please call 01392 425481 to arrange.
BUYERS GENERAL CONDITIONS OF SALE
1. All lots—which term shall include all forms of personal property whatsoever and property fitted or affixed to land—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 or their 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.
2. The Auctioneer tenders any lot 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.
3. 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 lot 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.
4. The buyer must forthwith identify himself and any principal or employer, together with appropriate means of identification, to the Auctioneer, his servants or agents 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 p.m. on the day of the auction or on the next complete working day (excluding Saturdays). Time of payment shall be of the essence. 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 in 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.
5. 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.
6. 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.
7. 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. Flame cutting, the use of explosives or of any other potentially hazardous or inflammatory process shall not be permissible at the site without express written consent. 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.
8. 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 negligence or otherwise of either or both or 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 profit, 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. Any incedental costs incurred by the buyer (eg collection/ delivery) will not be refunded by Husseys and shall not form any part of the contact upon sale.
N.B. A sale by auction is not a consumer sale. Consumer Rights Act 2015
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.
9. The buyer hereby undertakes to ensure that any lot he purchases will be used, moved or displayed whether at the site of the auction or elsewhere only when he has ensured that such use and/or movement and/or display is lawful and safe. The buyer will be liable for any costs incurred in the removal of lots.
10. 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 therefor and payment shall be made forthwith, time being of the essence.
11. 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 liquidation 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 Clause 4.
12. 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.
13. 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.
14. These Conditions shall be construed in accordance with and governed by English law save in respect of sales in Scotland and Northern Ireland which shall be construed in accordance with and governed by Scottish and Northern Irish law respectively.
15. HEALTH AND SAFETY AT WORK ETC. ACT 1974
It is expressly brought to the Bidder's attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work Etc. Act 1974 or any other Act or Acts or Regulations thereunder governing the use of the plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.
16. TOXIC CHEMICALS AND DANGEROUS SUBSTANCES
It is expressly brought to the attention of Bidders (successful or otherwise) that certain types of plant or main service installations could contain blue or white asbestos, dangerous chemicals etc. which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work Etc. Act 1974 Section 2-9 and Control of Substances Hazardous to Health Regulations 1988 (COSH H) or any other current legislations covering the use of such substances in a working environment.