Batch Textile Washing & Dyeing Machine (Large Wash Winch)

JPS CHARTERED SURVEYORS

CONDITIONS OF SALE

JPS (Surveyors) Limited, Company No. 5017249. WORTH House, Unit 32 Stanley Road, Whitefield, Manchester M45 8QX.

These Conditions apply to all sales conducted by JPS Chartered Surveyors. By bidding, the Buyer confirms they have read, understood and accepted these Conditions in full.

1.  DEFINITIONS

"We", "Us", "Our" means JPS (Surveyors) Limited t/a JPS Chartered Surveyors.

"Buyer" means the person, firm or company who purchases the Goods.

"Completion Date" means the date of Our invoice.

"Contract" means any contract between the Vendor (acting by Us as agents) and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.

"Expenses" means Our charges and expenses including legal costs, insurance, listing fees, customs duties, packing, shipping, taxes, testing and costs of collection from a defaulting Buyer, plus VAT where applicable.

"Goods" means any goods agreed in the Contract to be supplied to the Buyer by the Vendor.

"Vendor" means the person(s), firm or corporation from or through whom instructions for sale of the Goods have been received.

"Website" means www.jpssurveyors.co.uk or such other website managed by Us to which you are directed.

2.  APPLICATION OF TERMS

2.1  The Contract will be on these Conditions to the exclusion of all other terms and conditions.

2.2  Nothing in this clause limits or excludes any liability for fraud.

3.  OUR CAPACITY

We sell as agents only for the Vendor and are not responsible for any default by the Vendor or the Buyer.

4.  BUYER'S OBLIGATION TO INSPECT

All Goods are sold with all faults and imperfections. Illustrations are for general identification only. Buyers must satisfy themselves prior to purchase as to the condition of the Goods. Any statement by Us as to the Goods is a statement of opinion only.

5.  EXCLUSION OF LIABILITY

5.1  Neither We nor the Vendor are responsible for errors of description, authenticity or any misstatement relating to the Goods. No representation or warranty is given and all implied conditions are excluded to the fullest extent permitted by law.

5.2  No motor vehicle is warranted to be roadworthy. No Goods are warranted to be of satisfactory quality, fit for purpose, safe for use or compliant with any statutory requirements.

5.3  All terms implied by the Sale of Goods Act 1979 (as amended) as to quality and fitness for purpose are expressly excluded.

5.4  No representation is made as to copyright in any Goods sold.

5.5  Every person on the sale premises is deemed to be there at their own risk. No claim shall lie against Us in respect of any injury or accident howsoever caused.

5.6  Nothing in these conditions limits any rights the Buyer may have as a consumer under applicable local law, nor excludes Our liability for death or personal injury resulting from Our negligence.

5.7  Nothing in clause 5 limits or excludes any liability for fraud.

6.  LIMITATION ON CLAIMS

Without prejudice to clause 5, any claim against the Auctioneers by the Buyer shall be limited to the purchase price actually paid by the Buyer for the Goods in question.

7.  SALE BY ONLINE AUCTION

7.1  By submitting a bid, the prospective Buyer makes a formal offer to purchase the Goods up to their stated maximum bid price.

7.2  The Contract is concluded upon Our acceptance of the successful bid following the close of the auction listing.

7.3  Notification will be sent to the Buyer's registered email address together with an invoice for the Goods.

8.  TERMS OF PAYMENT

Payment is due in full by the deadline stated on the invoice. Payment must be made via the secure link provided. Payment will not be deemed made until cleared funds are received. Cash is not accepted under any circumstances.

9.  REMEDIES FOR NON-PAYMENT

If the total amount due is not paid by the stated deadline, We shall be entitled, without prejudice to any other rights, to any one or more of the following:

9.1  Commence proceedings for damages for breach of contract.

9.2  Rescind the contract.

9.3  Apply any payments made towards costs and expenses of resale.

9.4  Arrange resale by public auction or private sale. If the resale price is lower than the original price, We shall be entitled to claim the balance plus costs from the Buyer.

9.5  Exercise a lien over any property of the Buyer in Our possession until all outstanding amounts are paid. If unpaid after 14 days of notice, We may sell such property.

9.6  Charge the Buyer Our and the Vendor's reasonable legal and administrative costs.

9.7  Charge interest at 5% per annum above the base rate of Barclays Bank plc on all outstanding amounts from the due date.

9.8  Insure, remove and store the Goods at the sole risk and expense of the Buyer.

10.  RISK AND TITLE

10.1  The Goods are at the Buyer's risk from the date of Our invoice.

10.2  Title does not pass to the Buyer until cleared funds have been received in full for the Goods and all other sums due.

10.3  No warranty is given that the Vendor owns or is entitled to pass good title to any lot.

11.  COLLECTION

11.1  Goods must be collected within the stated collection window. Failure to collect will result in storage charges being levied and may result in the suspension of your account.

11.2  Buyers must not remove any Goods until full payment has been received and cleared.

11.3  Collection is by appointment only. Full details of the collection address, dates and times are stated in the auction information. If you cannot comply with the stated timescales, do not bid.

12.  PLANT AND MACHINERY — HEALTH AND SAFETY

12.1  Items of plant, machinery or equipment may not comply with the Health and Safety at Work Act 1974 or associated regulations. Buyers must ensure compliance before use in any working environment.

12.2  Some plant or main service installations may contain asbestos, hazardous chemicals or other dangerous substances. Buyers must handle and remove such items in full compliance with all applicable legislation.

12.3  Where stated, a Risk Assessment and Method Statement (RAMS) is required from the Buyer before attending site to collect.

13.  MOTOR VEHICLES

The Buyer of any motor vehicle is responsible for complying with all legal requirements as to construction and use, and for obtaining all certificates, permits or authorisations required before that vehicle can be used on any road.

14.  DATA PROTECTION

JPS (Surveyors) Limited processes personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. Our Privacy Notice is available at www.jpssurveyors.co.uk. By bidding, the Buyer consents to the processing of their personal data for the purposes of the sale, invoicing and any subsequent debt recovery action where applicable.

15.  SEVERABILITY

If any provision of these Conditions is held unenforceable, the remaining conditions shall remain in full force and effect.

16.  GOVERNING LAW

These Conditions are governed by and construed in accordance with English law. All disputes shall be subject to the exclusive jurisdiction of the English courts.

JPS (Surveyors) Limited t/a JPS Chartered Surveyors | Company No. 5017249

WORTH House, Unit 32 Stanley Road, Whitefield, Manchester M45 8QX

Phone: 0161 767 8001  |  Email: auctions@jpssurveyors.co.uk  |  www.jpssurveyors.co.uk