10.0 Purchaser(s) will be required to pay the full amount of the purchase price, fees and VAT in euro

(a)             by Bank Transfer to such account as the Auctioneer may advise or

(b)             by Bankers Draft or

(c)              Cash (for small amounts up to €500 only)

Any deposit or partial payment will be accounted for only as a partial payment of the total

gross amount of any invoice and will not under any circumstances be considered or accepted

as a payment for any induvial lot(s), notwithstanding that the partial payment may equal or

exceed the gross value of any individual lot(s).

No Purchaser shall be entitled to exercise any right of set-off deduction or withhold payment

of any monies payable hereunder for any reason, including any possible delays in transferring

any trade names, certificates or the like.

11.0 Any items such as, but not limited to shelving, racks, trolleys, tables, containers, switchgear, cabling, metal, pipes,

conduits, stock or stores items, work in progress, files, manuals, software, media, documentation or any articles or

substances which may be found in, on, under or near any lots and not mentioned in the Lot Catalogue shall be reserved

for the Vendor.

WARRANTIES AND LIABILITY

12.0 “Caveat Emptor” Each Purchaser shall be afforded an opportunity of inspecting the lot(s) and shall be deemed to have

 inspected and to be thoroughly acquainted with the contents and conditions of the lot or lots bid on and or purchased by

 him and to have purchased same subject to all faults, deficiencies, imperfections and errors (if any) of any description or

 quantity  therein, and no allowance whatsoever shall be made in respect of any such fault, imperfection or error or any

difficulty of access. In the event that any purchaser wishes to bring any discrepancy to the attention of the Auctioneer, this

must be actioned prior to the removal of lot(s) from the premises.

12.1 No warranty or representation is given that any lot, is of merchantable quality or that it is fit for the purpose for which

 it is intended or that any lot conforms to Safety Health and Welfare at Work Act 2005 or any other statutory act or

conforms to any description, CE Certification or value whether as to purpose, quantity or quality or otherwise

notwithstanding that the Vendor and their servants or agents may know of such purpose and it is a condition that any such

warranty or representation (howsoever arising) is expressly excluded. Except as may be expressly provided in these

Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest context

permitted by law.

In particular, Section 55 of the Sale of Goods Act, 1893 (as amended) and the conditions and warranties implied by Section

13 14 and 15 of the Sale of Goods Act, 1893 (as amended) and the Sale of Goods Act 1980 are excluded. There is no right

of return.

12.2 The interest in the lots which the vendor sells and the purchaser buys is such a right as the Vendor may have and

references to the lots shall mean such right.

12.3 Without prejudice to the generality of this clause 12 the items comprised in all Lots, whether or not certified as having

 been decontaminated for re-sale but have not been decontaminated for re-use. The Purchaser of the said Lots or any of

 them undertakes unconditionally to purge, decontaminate, service, calibrate and certify the said items prior to use and

 hereby indemnifies the Client and the Vendor for all liability, claims, costs, loss or damages that may be claimed by any

person directly or indirectly by reason of the failure of the Purchaser to comply with this clause 12. This clause 12 shall

survive the completion of the sale.

13.0 The Purchaser agrees and accepts that:

No statement measurement, quantity or description contained in any advertisement published by the Vendor or the

Vendor's agents or given orally or contained in any website, photograph, brochure, letter or handout issued by the Vendor

 or by the Vendor's agents in respect of this transaction whether or not in the course of any representation or negotiations

 leading to the sale and not specifically referred to in this sale shall constitute a representation inducing the Purchaser to

 enter into the sale or any warranty formingpart of this agreement; and

13.1 Any statement description, quantity or measurement contained in any such advertisement, brochure, photograph,

drawing or letter given by or on behalf of the Client/Vendor or the Client/Vendor’s agents are for illustration purposes only

and are not taken as matters of fact and that any mistake, omission, discrepancy, inaccuracy, misstatement, mis-description

or incorrect measurement given orally or in form of any advertisement, website, brochure or letter by the Vendor or the

 Vendor’s agents (whether or not in the course of any representation or negotiations leading to the sale) shall not give rise

 to any cause of action, claim for compensation against the Vendor or the Vendor’s agents or any right of rescission under

this agreement or the conditions of sale.

14.0 Each lot shall, after despatch by the Auctioneer of a Winners Notification or other form of acceptance notice  to the

 Purchaser be at the sole risk of the Purchaser, however title to each lot shall pass only on the removal of goods comprising

 lot(s) or part thereof from the Premises and after full and final cleared payment of all amounts owing.

In the event of lot(s) being sold to remain in situ, subject to written agreement of the Client and or the Vendor and or

Landlord, title may pass, after full payment has been made by the purchaser.

In the event of any lot(s) being released to or removed by any entity who is not the intended purchaser of the said lots, or

 his contractor or carrier, such lots will be considered the responsibility of the purchaser of the lot(s) and no responsibility for

 any such allocation or removal of the said lots will be accepted by the Auctioneer, The Vendor or the Client.

Purchasers should therefore extend insurance cover immediately over all lots for invoicing to them.

REMOVAL OF LOTS

15.0 Unless purchased by agreement to remain in situ, All Lots are to be cleared from site, during the specified dates by

prior appointment and as defined in the Specific Terms & Conditions.

15.1 Apart from any agreed In Situ sale, all lots must be cleared and taken away from the Premises without fail at the

Purchaser’s responsibility and expense in such order as the Auctioneer or their representative shall direct by not later than

 the last collection day defined in the Specific Terms & Conditions. Certain advise lots may be subject to deferred collections.

After payment has been made in full, the Purchaser will be permitted access to the necessary areas of the Premises on the

 defined dates and times for the purpose of dismantling and removing their lots(s). There will be no scheduled clearing on

 Saturday’s, Sunday’s or Irish Bank Holiday’s, unless by specific agreement, which will be subject to charge.

In the event that certain lots obstruct the removal of other lots, the purchaser of the obstructing lots will be obliged to

 remove his lots(s) immediately upon request and if he fails to do so, the Auctioneer is entitled, at the cost and risk of the

said purchaser, to dismantle, move and / or remove the particular lots.

During busy periods, access to the site or to certain lots may be restricted on the grounds of health & safety, however the

 Auctioneer will endeavour to minimise any such restriction by planning the removals. Furthermore during busy periods,

there may be delays for collections.

In the event of the incapacitation or death of a Purchaser(s) prior to the removal of lot(s), the Auctioneer and Vendor retain

 the right to resell any such lots for whatever price and distribute the proceeds net of costs to that purchaser(s) or that

 purchaser(s) estate.

Force Majeure. Neither the Client, the Vendor nor the Auctioneer will hold themselves responsible for any interruptions

caused by events beyond the control of any party such as adverse weather, war, any industrial action etc.

Neither the Client, The Vendor nor The Auctioneer shall have any liability towards any consequential loss.

15.2 Neither the Client, the Vendor nor the Auctioneer will hold themselves responsible for any lot(s) or part thereof while

 on the Premises.  The Auctioneer will not transfer lots from one Purchaser to another.

In the event that the Purchaser re-sells any Lot(s) to a third party prior to removal of the Lot(s), our terms and conditions

remain the full responsibility of the Purchaser who initially purchased the Lots(s) from the sale.

16.0 Subject to the provisions hereof title to all lots capable of passing by delivery, shall pass by delivery and where the

 goods comprised in any lot(s) are incapable of passing by delivery, the transfer of title to the Purchaser shall occur by way of

assignment on behalf of the Client/Vendor and the Purchaser shall be responsible for all reasonable costs of such

assignment.

17.0 All supports, piping, cabling, switchgear and other such fittings, conduits and connections to any lot shall be cut off or

 disconnected by the Purchaser where marked in whatever manner or otherwise pointed out by the Client, Vendor and/or

 the Auctioneer or their representative. 

17.1 The Purchaser will be responsible for all damages that it, its carriers, servants or agents may do to the property of any

 third party, the Vendor and/or the Auctioneer may require the Purchaser to deposit such sum of money with them by way of

 security for the costs of making good all such damage as may be likely to be occasioned by the removal of a lot or lots.

 Should the Purchaser refuse to lodge such monies, the Vendor and/or Auctioneer may refuse the Purchaser access to the

 Premises for the purpose of collecting all or any of the lot(s) as purchased. In the event of the Purchaser utilising a goods

lift(s) or other lifting equipment present in the premises, the Purchaser must comply with the safe working load capacities of

 such equipment. No use is to be made of the ground / floor, roof or wall structures of the Premises for lifting or other

 purposes in connection with removal of any lot or lots and the roof materials of the Premises shall not be disturbed or

damaged in any way except with the written consent of the Vendor and/or the Auctioneer.

17.2 The Purchaser shall be fully responsible for the correct environmentally compliant  handling and, if necessary, disposal,

 of chemicals, fluids and substances contained in any lot(s) purchased.

18.0 No liability will be accepted by The Client, Vendor or the Auctioneer for personal injuries of any description and from

whatsoever cause arising, sustained by any person whilst on the Premises whether for the purpose of inspection or removing

 any lots from the Premises in connection with the sale or otherwise. The purchaser shall be deemed to acknowledge that the

 Auctioneer invites bids in his capacity as Auctioneer of the Client/Vendor only, and for the sole purpose of facilitating the

purchase of the Lots (or any of them) by the Purchaser and the Purchaser shall be deemed to acknowledge that any personal

 liability of the Auctioneer hereunder is excluded and that the Auctioneer shall be under no liability to the Purchaser

hereunder affecting him personally or his estate.

19.0 Each Purchaser shall be responsible for and will indemnify and keep indemnified, the Client, the Vendor and The

 Auctioneer, their servants and agents from and against any liability howsoever arising, whether in relation to each lot or its

 removal from the Premises or otherwise including but in no way limiting the generality of the foregoing, any liability for:-

(a)    personal injury to any person (whether fatal or otherwise).

(b)    loss or damage to any property and

(c)     any other loss, damage, actions, proceedings, costs, claims, demands, charges

or expenses however arising caused or incurred, present or future (except when the same shall be proved to have been

cause solely by the negligence of the Client and/or Auctioneer, its servants or agents).

19.1 During dismantling, moving and loading machinery, the Purchaser and or his contractor(s) is

obliged to comply with any specific site induction procedures and regulations (if any) and all

relevant current Health & Safety Procedures including certification and operator licencing  of

mobile plant. Adequate Personal Protection Equipment (PPE) should be utilised as directed or as

appropriate and buyer(s) or their contractors are advised to equip themselves with first aid

materials.

The Purchaser shall as requested provide a method / risk statement (RAAMS) and at all times maintain full and adequate

insurance in respect of the risk specified in these Conditions and must upon request furnish to the Auctioneers, satisfactory

 evidence of such insurance. Regardless, it shall at all times be assumed by the Auctioneer that this insurance cover is in place.

Hot works of any kind with not allowed without agreed permission (if granted), hot works permits the necessary insurances

and compliance with all terms.

19.2 Each Purchaser shall at his own expense provide all vehicles, equipment, tools, forklifts, cranes  & the like and labour

 necessary for the decommissioning, dismantling, removal and loading of lots by him.  This also includes for any necessary structural works and satisfactory re-instatement and also for the safe and environmentally compliant handling and/or removal off site of any chemicals, fluids, gases or substances associated with any lot(s).

The Vendor retains the right to isolate / disconnect services from Lots prior to the purchaser(s) removing Lots.

19.3 In the event that the Purchaser appoints an agent/project manager and/or contractor to act on his behalf, the

purchaser will remain responsible for all activities and communications in the event of a dispute arising with such an

appointed agent/project manager and/or contractor.

20.0 Minors shall not be permitted to enter on the Premises, whether alone or accompanied by an adult before, during or

after the sale process for any purpose whatsoever.  Any minor who gains access to the Property by any means whatsoever

 whether before, during or after the sale process shall be deemed to be there at his/her own risk (or adults risk if

accompanied by an adult) and with notice of the condition of the Premises.  Such minors or their guardians shall have no

 claims against the Client or the Auctioneer, their servants or agents in respect of any personal injuries sustained (whether

 fatal or otherwise) or any loss or damage to property or any other loss or damage, costs and expenses howsoever caused

or incurred.

21.0 Neither the Client and/or the Auctioneer, their servants or agents shall be liable for any loss, damage or injury

 occasioned to any Purchaser, his/her servants or agents or to any person or any property which may be caused by any

defects, imperfection, malfunction in any lot or lots or contamination, whether caused by noxious substances on the Property, any physical component forming part of any lot or lots, any lubricant necessary for the proper maintenance and upkeep of any lot or lots, any substance contained in any lot or lots or any other material,

substance, gas or element likely to cause contamination to any person or property.

22.0 If any dispute or difference arises concerning any lot or the interpretation of these Conditions or the Specific Conditions, the same shall be settled by the Auctioneer whose decision shall

 be final and binding on all parties concerned. In the event of any Specific Condition(s) being considered (if any), such

 conditions will not affect the body of these Conditions as a whole.

Any refund, (if any) made by the Auctioneer to the purchaser(s) for whatever reason will be limited to an amount, including

any costs, not to exceed the net bid made or amount paid for the particular lot(s).

23.0 In the event of any item or all items being withdrawn from sale, the Client and/or the Auctioneer, their servants or

agents shall not be liable for any costs or expenses incurred by prospective purchasers.

23.1 In the unlikely event of any valid third-party ownership claim or refusal by a Landlord to permit removal of assets,

arising in relation to any Lot(s) at any stage after acceptance or invoicing for any bid(s) / Lots, the Vendor and or the Client

 / Auctioneer reserve the absolute right to rescind any acceptance, invoice or sale and any refund will be absolutely  limited

to a maximum of the amount bid or invoiced / paid amount.

24.0 The Client, Vendor and the Auctioneer maintain the right to set and at their discretion to amend reserves, without any

liability. Reserves may or may not be disclosed.

The Client and or the Auctioneer reserves the right to bid on any lot(s) up to the reserve price or to sell any lot(s) prior to the

 sale or acceptance date and may negotiate on any terms with any person whether or not such person is a party to the sale

 process, the subject of these Conditions

25.0 The Client and the Auctioneer reserves the right to alter, divide, group or withdraw any or all lots or change starting or

 reserve prices either before or at any time prior to the Acceptance Date or give options on any lot or all lots at any time

 prior to the Acceptance Date.

DEFAULT IN PAYMENT OR COLLECTION

26.0 If for whatever reason (including illness, incapacitation  or death), the Purchaser shall make default in payment of the

purchase money or any other sum due under these Conditions or the Specific Terms & Conditions or neglect to comply with

these Conditions as to collection or otherwise for whatever reason, all money paid by him or his agent at the time of default

 or neglect shall be forfeited to the Vendor who shall be at liberty to dismantle, move and or re-sell the lot(s) at such time

or times as he may think proper and without notice to the Purchaser, either by public sale or private contract, and the

 deficiency (if any) shall be for the immediate account of the Purchaser or his estate.. The Vendor shall not be liable to

account to the Purchaser for any amount arising on such subsequent resale.

26.1 In the event that the Purchaser fails to remove lot(s) by the final removal date, and requests additional time, if such time

 is available and the Client and or the Vendor is in agreement to grant any time extension, the Purchaser remains bound by

these Conditions of Sale and  will be liable for the full costs and expenses of any such extension. Any extension granted to

 any purchaser is unique and does not incur similar rights on other purchaser(s).

26.2 In case of non-payment by the Purchaser any amount which remains owing under these Conditions (after re-sale (if any)

of the lot or lots shall be recoverable by the Vendor from the Purchaser together with interest on the amount outstanding

from the last collection date for the lots until the date of actual payment which interest shall accrue on a daily basis

calculated at the rate of 20% simple interest per annum. The said interest charge is agreed to constitute liquidated damages

in respect of the storage and other costs incurred by the Vendor in respect of the lots.  

27.0 Without limitation to the generality of the foregoing, no warranty or representation is given that any copies of any

operating systems, software and computer programmes on computer equipment and hardware forming part of the lots are

freely transferable under the terms of any relevant licence agreements pursuant to which the Vendor is entitled to use same

and the purchaser hereby agrees that, to the extent that such licences are not assignable, no assignment is hereby effected. The Purchaser shall be responsible for obtaining from the third party licensor of any such operating systems, software and computer programmes, such licences as may be required by him or her prior to use of

same and each Purchaser warrants that he or she shall be fully liable for the use of any such operating systems, software

and computer programs by him or her in the absence of a licence permitting use from the third part licensor. The Purchaser

hereby agrees to indemnify the Client, the Vendor and The Auctioneer in respect of any liability incurred as a result of or

in connection with the sale by the Client of such lots as are purchased to any party in connection with this Agreement.

28.0 The Purchaser hereby acknowledges that The Auctioneer is executing this Agreement in his capacity as Auctioneer of

the Client for the sole purpose only of facilitating the acquisition by the Purchaser of such lots as the Purchaser is

purchasing and in particular (with prejudice to the generality of the foregoing) the Purchaser expressly acknowledges that

any personal liability of The Auctioneer hereunder is hereby excluded and The Auctioneer shall be under no liability to

the Purchaser hereunder effecting him personally or his estate. The liability (if any) of the Client hereunder shall be limited to

the amount of monetary value representing the unencumbered assets of the Client collected by The Auctioneer in the course

of his duties as such Auctioneer and not expended or distributed by him prior to the effective notification of any valid claim

hereunder.

29.0 No warranty or representation is given that the hardware, equipment and/or software are free from viruses, Trojan

Horses, worms, time bombs, cancelbots or other computer programming code or defects which are intended to damage

a user system or data, compromise computer security or disrupt services at any site or capture passwords or collect or use

tools intended to explore, exploit computer systems or network security vulnerability, and each Purchaser accepts and uses

such hardware, equipment and software entirely at its own risk.

30.0 While the Vendor has made reasonable efforts to delete all personal data (within the meaning of the Data Protection

Act 1988) from the hardware, equipment, software and any databases, residual personal data may be present in or on same.

The Purchaser hereby undertakes and agrees that it shall, immediately on same coming to its notice, delete all residual

personal data (within the meaning, of the Data Protection Act 1988) which may be contained on or in the hardware,

equipment and/or software or in any databases and that it shall not use same for any purposes whatsoever, and that it shall

indemnify and hold harmless the Client, the Vendor and The Auctioneer  from and against all costs, claims and liabilities

of whatever nature arising out of or in connection with any breach of the undertaking in this clause.

All information gathered by the Auctioneer will be utilised and retained for a period of up to 7 years, in accordance with our

Privacy Policy and GDPR regulations.

30.1 It is hereby expressly agreed and declared that nothing herein shall prejudice or affect the estate, person or property

of the Client, or their firm, partners, employees, agents, advisers or representatives. In the event of the Client being a

Receiver, Liquidator, Examiner or Administrator, or other, such client joins in this sale solely as appointed over the Vendor

and not otherwise.

31.0 Any notice, demand, document or other communication whether required or permitted to be given hereunder shall be

in writing and unless otherwise stated shall either be delivered by email, hand or sent by letter (pre-paid post) or by facsimile, text or WhatsApp or the like.

Any such notice, demand, document, or other communication shall be deemed to be received, in the case of delivery by

hand, at the time of delivery, in the case of a letter sent by post as aforesaid 48 hours after the despatch of same and, in

the case of facsimile, text, email or App, on the termination of the transmission thereof to the facsimile number, text, app

/ email address of the intended recipient.

Any such notice, demand document or other communication to be sent to any bidder or Purchaser may either be delivered

or sent to the address or facsimile number, text number, app  or email address (as the case may be) set out in the bidder

registration submitted by such party (or to such other address or text / app number or facsimile number or email address

so as such party may subsequently designate and notify in writing to the Auctioneer, and the Client for the purposes hereof).  In the event that delivery by post is not feasible due to any threatened or actual disruption or cessation of the postal service by reason of industrial dispute or otherwise, any notice, demand document or other

communication to be sent to any party shall be delivered by hand or by facsimile, text or by email in accordance with the

provisions herein, save that in such event of postal disruption.

32.0 The masculine gender shall include the feminine and neuter and the singular number shall include the plural and

 vice versa and words importing persons shall include firms or companies.

33.0 Each bid and or sale and any contract made hereunder shall in all respects (including the formation thereof and

 performance thereunder) be governed by and construed in accordance with the laws of the Republic of Ireland and the

parties hereto agree for the benefit of the Client, the Vendor and Auctioneer, that the Irish courts shall have exclusive

jurisdiction in relation to any matter arising under or in respect of the sale.

34.0 No amendment to the text of these Conditions of Sale or to any document annexed hereto shall be valid unless

 approved in writing by the Auctioneer. Any amendment so agreed by the Auctioneer in respect of any Bidder or Purchaser

 shall not constitute a general amendment of such term, provision or condition as it applies to the other bidders or

 purchasers.

35.0 For the avoidance of any doubt, any reference to Ireland excludes Northern Ireland.

36.0 A waiver by the Auctioneer or Client/Vendor of any breach by any bidder or purchaser shall not constitute a general

 waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto whether by that or

 any other bidder or purchaser.

37.0 Each of these Conditions is separate and severable and enforceable accordingly and if at any

time any provision is adjudged by any court of competent jurisdiction to be void or unenforceable, the validity, legality and

enforceability of the remaining provisions hereof and of that provision in any other jurisdiction shall not in any way be

affected or impaired thereby.

38.0 This Agreement embodies the entire Agreement and understanding between the parties hereto and supersedes all

prior statements, representations, agreements and understandings relating to the subject matter hereof. 

39.0 The headings in these Conditions are for convenience only and shall not affect any interpretation of the conditions.

TERMS & CONDITIONS ~ INTERPRETATION (ii)

The “Client” meansa person or entity that has commissioned lot(s) to be Auctioned or sold by other agreed means.

The  Client is defined in the Specific Terms & Conditions [ Interpretation (i) ] and / or invoice(s) of the assignment.

The “Vendor / Seller” meansa person or entity that has commissioned lot(s) to be Auctioned or sold by other agreed means.

The Vendor / Seller Is defined in the Specific Terms & Conditions [ Interpretation (i) ] and / or  invoice(s) of the assignment.

  The “Auctioneer” means McKay & Associates Limited, t/a McKay E2 Nutgrove Office Park,

  Rathfarnham, Dublin 14 D14H7DO  Ireland.  

Acting as agents for and on behalf of the Client and or Vendor.        

Property Services Regulatory Authority Licence No: 001064 (08337)

“Online Auction”means  a public sale of goods via the internet on www.bidspotter.co.uk

facilitated and  hosted by Metropress t/a Auction Technology Group, Harlequin Building, 65 Southwark Group, London SE1 OHR UK

“Website”means  The website www.bidspotter.co.uk which is maintained by Metropress t/a Auction Technology Group, Harlequin Building,

65 Southwark Group, London SE1 OHR UK

 and the website www.mckay.ie maintained by McKay& Associates Limited registered in The Republic of Ireland.

“Registration”Means  registration of the User on the website by means of filling in completely the registration form found on the

 website www.bidspotter.co.uk

The “Premises”means  the place(s) as defined in the Specific Terms & Conditions [ Interpretation (i) ] from wherethe lotsare being soldas

 defined in the specific Terms & Conditions or invoice(s) of the assignment and any other location(s) bearing property or equipment

associated with the particular sale, as defined in the Specific Terms & Conditions or invoice(s) of the assignment.

“Landlord”means  The Landlord or beneficial owner, lessor or occupier of the premises.

“Lot”means  A defined item or items included in the sale.

“Lot Catalogue”means  The list of lots for sale included in the sale.

“Bid”means  An offer to purchase a lot or lots.

“Bidder or User”means  A person or entity who submits a tender or is registered on the Website and participates in the sale making

 offers to purchase a lot or lots.

“Purchaser” means  The bidder whose bid(s) is a accepted in relation to lot(s). A purchaser may also be referred to as a Buyer.

“Visitor”means  Any person or persons attending or entering the premises, which includes but is not limited to bidders, purchasers, contractors

and their representatives or agents.

“Auctioneers Fees”means A commission charged to the purchaser as a percentage of and additional to the bid. Auctioneers Fees may also

 be referred to as “Buyers Premium” or Auctioneers Commission”. The % rate is advised in the Specific Terms & Conditions and is subject

to the addition of VAT.

“Winner’s Notification”means  A communication sent by email or otherwise by the Auctioneer to the bidder(s) advising them of the

acceptance of bid(s). This notice may generally be sent by email.

“Purchase Agreement”means  The purchase agreement between the Purchaser and the Seller.

“Time Zones” Unless otherwise specified, any Dates & Times referred to for the Online Auction are GMT which is Local Irish Time.

“Covid-19” means  The outbreak of the Novel Coronavirus (Covid-19) declared as a global pandemic by the World Health Organisation

on 11 March 2020.