Ramarch frame cramp 1000 x 3000

GENERAL CONDITIONS OF SALE

 

1. Interpretation 1.1. In these General Conditions the following words and expressions shall have the meanings set opposite:

“Auction” any auction (whether a Live Auction or an Online Auction and whether conducted

independently or simultaneously) conducted pursuant to these General Conditions and the Special

Conditions;

“Auctioneer” the person conducting the Auction or to whom the conduct of the Auction is delegated

under General Condition 4.9 below;

“Bidder” any person who offers to purchase any Lot whether by bidding at Auction or offering to

purchase by private treaty or tender; 

“Bid” an offer to purchase any Lot whether by bidding at Auction or offering to purchase by private

treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;

“Buyer” any person who agrees to purchase any Lot whether at Auction or by private treaty or

tender and as determined under General condition 4.12 below;

"Buyer's Premium" a commission payable by the Buyer on the completion of a Sale the amount of

which is set out in the Special Conditions; The Auctioneer, when acting as Agent for the Seller, may

also receive commission from the Seller.

“Catalogue” the catalogue incorporating these General Conditions and the Special Conditions:

"Clearance Date and Time" the date and time on which all Lots must be removed by the Buyer from

the Location as specified in the Special Conditions;

“The Company” Michael James Auctions Ltd (company number 10440744) whose registered office is

at 5 The Quadrant, Coventry, CV1 2EL;

"Deposit" the sum payable by the Buyer to the Company as set out in the Special Conditions;

"Live Auction" any auction conducted at the Location or at such other location(s) as shall be notified

by the Company in the Special Conditions or in the Catalogue;

“Location” the premises at which the Lots are located, details of which are set out in the Special

Conditions;

“Lot” any Lot described in the Catalogue, on the Website or on the Company’s invoice;

"Online Auction" any auction conducted over the internet via the Website pursuant to these

General Conditions and the Special Conditions;

"Sale" the sale of any Lot by Auction, private treaty or tender and as determined under General

Condition 4.11 below;

“Seller” the person upon whose instructions the Company is conducting the Sale, details of whom

are set out in the Special Conditions;

“Special Conditions” any additions to these General Conditions set out or referred to in the

Catalogue, announced at Auction or otherwise specified by the Company;

"Website" the website at: www.bidspotter.co.uk;

"VAT" value added tax chargeable under English Law for the time being and any similar additional

tax.

2. Application of these General Conditions 2.1. These General Conditions apply to every Sale of

plant and machinery, chattels and trade stocks conducted by the Company.

2.2. These General Conditions, the Special Conditions and any terms set out in the Catalogue shall

together comprise the "Conditions of Sale".

2.3. To the extent that these General Conditions are inconsistent with any Special Conditions, the

General Conditions shall prevail.

2.4. Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General

Conditions and the Special Conditions.

2.5. These General Conditions shall be governed construed and enforced in accordance with the laws

of England and Wales unless the Location is in:-

2.5.1 Scotland in which case the laws of Scotland

shall apply; or

2.5.2 Northern Ireland in which case the laws of Northern Ireland shall apply.

2.6. A reference to writing or written shall include e-mail.

2.7. Any word or phrase having a meaning defined in these General Conditions shall have the same

meaning when used in the Special Conditions.

3. Identity of the Parties

3.1. The Company offers each Lot as agent of the Seller and not as principal unless otherwise

indicated in the Catalogue.

3.2. The Auctioneer offers each Lot as agent of the Seller and not as principal unless otherwise

indicated in the Catalogue.

3.3. The identity of the Seller is set out in the Special Conditions.

3.4. Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on

behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.

3.5. Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and

the Company for all obligations and liabilities of his principal jointly and severally with the principal.

The Bidder warrants that he has the authority of his principal to make each Bid made.

3.6. Every Bidder is required to give his name and address and provide satisfactory proof of identity

and such other information and documentation as is required to the Company before making any

Bid and in the case of:

3.6.1 a Live Auction by the completion of a registration form;

3.6.2 an Online Auction by online registration at the Website; and

3.6.3 a private treaty or tender by prior registration or notification of details, as and when requested by the Company.

3.7 The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.

3.8 On registration for an Online Auction Bidders will be added to the Company's mailing list for the

purposes of notification of future sales by email. If a Bidder wishes to stop receiving such

notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each

email.

3.9 On registration in accordance with General Condition 3.6 the Bidder acknowledges that only

adults aged 18 years and over are entitled to enter into a legally binding contract and as a result they

are the only people entitled to register for the Auction. By registering the Bidder warrants that he is

aged 18 years or older and is capable of forming a legally binding contract.

4. Conduct of Auctions

4.1 Any Lot may be subject to a minimum bid or reserve price. The Seller is

entitled to change these at any time before the conclusion of the Sale.

4.2 The Seller, Auctioneer or any representative, agent or person acting on behalf of the Seller may

Bid for any Lot. Persons entitled to Bid pursuant to this condition 4.2 shall be entitled to place Bids

on any Lot up to the reserve price including by placing Bids in response to other Bidders.

4.3 Lot descriptions will be amended as appropriate as and when information becomes available to

the Company. Prospective Bidders must read Lot descriptions before making a Bid so that they are

fully aware of any amendments to the description appearing in the Special Conditions and/or on the

Website or in the Catalogue in relation to a particular Lot.

4.4 The Auctioneer may at any time before the conclusion of the Sale withdraw or divide any Lot or

combine any Lots.

4.5 The Company may sell any Lot by private treaty or tender before or after the Auction. The

Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.

4.6 No Bid shall be retracted without the consent of the Auctioneer.

4.7 The Auctioneer may where there is a dispute between Bidders, summarily determine the dispute

or immediately again offer the Lot for sale, in each case without being required to give a reason.

4.8 The Auctioneer shall in every other respect decide how the Auction is to be conducted and

without being required to give a reason.

4.9 The Auctioneer may in his sole discretion delegate to a person whom he believes to be

competent the conduct of the Auction in accordance with these General Conditions.

4.10 The Auctioneer may from time to time act jointly with an associated Auctioneer who will be

named in the Catalogue and/or in the Special Conditions.

4.11 A Sale is concluded (constituting acceptance of the Bidder's offer, subject to General Condition

4.12 below) when: 4.11.1 in the case of a Live Auction, on the fall of the Auctioneer's hammer;

and/or,

4.11.2 in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on the Website and as defined by General Condition 4.17.3 below or;

4.11.3 in the case of a private treaty or tender, when the Bidders Bid is accepted by the Company, such acceptance to be communicated to the Bidder in writing by way of receipt of the Company’s invoice.

4.12 The Buyer shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.11 above subject to approval and acceptance by the Company, the Auctioneers and the Seller or such other Bidder as the Auctioneer and/ or the Company may declare to be the Buyer without being required to give a reason. The Auctioneer and/ or the Company and/ or the Seller is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.

4.13 In the case of an Online Auction the Buyer, as determined under General Condition 4.12 above,

shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect

of the monies due for the Lot(s) purchased.

4.14 In the event that the reserve price is not met, the Company may consider the Bids received

below the reserve price with the Seller who at its sole discretion may accept, reject or place a

counteroffer.

4.15 On conclusion of the Sale and acceptance of the Bidders Bid pursuant to General Conditions

4.11 and 4.12 above, the Buyer acknowledges and agrees that he has entered into a contract with

the Seller to buy the Lot and the Buyer must complete the transaction to purchase the Lot.

4.16 The Buyer may not remove any Lot he has bought until after the end of the Auction.

4.17 In relation to an Online Auction:

4.17.1 the Company cannot guarantee that the internet

services will operate continuously or without interruptions and this could affect the conduct of the

Online Auction and the Bidders ability to Bid online. The Company shall not be liable in any respect

in the event of any dispute due to errors, omissions or disruptions to internet services or power

failures or any other unforeseen circumstances which may occur during the Online Auction;

4.17.2 the Auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition 4.17.3 below);

4.17.3 the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Every time a Bid is placed within ten minutes or less left in the Online Auction an additional ten minutes Bidding time is added until there are no more Bids. Such time shall then be deemed to be the close of the timed Online Auction.

4.18 In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer and/or Company or the Seller.

4.19 Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the Company’s

and/or the Auctioneer’s principal place of business.

5. Sale and Payment

5.1 The Buyer shall pay the following sums to the Company in full and without set off:-

5.1.1 immediately upon the Sale of any Lot the Deposit, if requested by the Company; and 

5.1.2 the balance of the price of the Lot purchased, together with the Buyer’s Premium by no later than 48 hours after conclusion of the Sale or, in the case of an Online Auction, after receipt of an invoice in respect of the purchased Lot(s) pursuant to General Condition 4.13 above, or such other time and date as may be specified in the Special Conditions; and

5.1.3 any other payment or amount due to the Seller and/or the Company pursuant to these General Conditions or the Special Conditions on demand.

5.2 In every case time for payment shall be of the essence.

5.3 In view of Money Laundering Regulations the Company reserves the right to refuse payment in

cash. Payments in cash of more than £7,500 will not, in any circumstances, be accepted.

5.4 If the Buyer fails to make any payment on the due date for payment then, without limiting any

other right or remedy available to the Seller, the Buyer shall pay to the Company interest (both

before and after any judgment) on the amount unpaid at the rate of 1.5% above the bank base rate

of Barclays Bank Plc per month or any part thereof until payment in full is made.

5.5 Until the Buyer has fully complied with its obligations in this General Condition 5:-

5.5.1 title to any Lot bought shall not pass to the Buyer;

5.5.2 the Seller shall have a lien over any Lot bought by the Buyer in the Auction;

5.5.3 if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Seller.

5.6 All sums payable under these General Conditions and the Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company. On written request by the Buyer the Company will provide a VAT invoice.

5.7 The Company will only accept payment under this General Condition 5 from the Buyer or its

authorised agents.

6. Removal of Lots

6.1 Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the conclusion of

the Sale.

6.2 The removal of Lots from the Location shall be undertaken by the Buyer entirely at its own risk

and without any liability whatsoever to the Company.

6.3 Buyers are responsible for any and all costs and expenses incurred in relation to the removal of

Lots and any other applicable charges, taxes and insurance costs.

6.4 The Buyer may not remove any Lot until the Buyer has:-

6.4.1 paid by cleared funds all amounts payable pursuant to General Condition 5 above in full; and

6.4.2 if requested by the Company produced satisfactory evidence to the Company that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition 6.11 below and/or deposited with the Company, by way of security for the costs of making good any damage likely to occur, such sum as the Company may stipulate.

6.5 The Company will only permit the removal of Lots purchased by the Buyer or its authorised agents.

6.6 The Buyer must remove each Lot purchased by the Clearance Date and Time for which time shall

be of the essence. Lots may only be removed during normal working hours or such hours as are

specified in the Special Conditions. No clearance on Bank or Public Holidays. In the absence of co

operation the Company and/or the Auctioneer reserves the right to insist on the order of the

removal of Lots or parts thereof.

6.7 Buyers should co-operate regarding order of removal of Lots in order to comply with the

Clearance Date and Time. If it transpires that a Buyer makes no effort to commence dismantling and

the particular Lot is preventing other buyers from removing purchased Lots, then the

Auctioneer reserves the right to insist that removal take place immediately notwithstanding the

specified Clearance Date and Time. In the event the Buyer does not comply with its obligations

under this General Condition 6.7, then the Auctioneer reserves the right to arrange for the removal

and/or storage of the Lot and charge any attendant costs to the Buyer.

6.8 If any Lot is unsold and has to be dismantled & lowered to allow the removal of any other lot,

then such dismantling & lowering shall be the responsibility of the Buyer of the relevant Lot(s).

6.9 Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to

the Buyer and use is subject to any licence or copyright restrictions and user conditions. The Sellers,

Company and/or Auctioneers reserve the right to erase any private or sensitive information prior to

the Sale or at any later date.

6.10 The Buyer and/or his removal contractor must liaise with the Company's site representative

prior to commencing dismantling/removal of a Lot from the Location and must at all times comply

with its obligations under clause 6.11 below.

6.11 When removing any Lot from the Location the Buyer shall, or shall procure that its removal contractors shall: 6.11.1 carry out a full assessment of Lot, the Location and the land or buildings to which the Lot is fixed to assess the risks associated with detaching/ removing the Lot and shall fully satisfy themselves that they can detach/ remove the Lot in compliance with the Buyers obligations under this General Condition 6.11 prior to handling and/or commencing removal of a Lot;

6.11.2 obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings;

6.11.3 buyers of Lots will be required to make good holes or voids exposed by the removal of Lots. Cladding taken off buildings for removal of plant & equipment will have to be replaced, unless otherwise specified by the Company;

6.11.4 when detaching any Lot fixed to land or buildings, do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Company;

6.11.5 remove the Lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority whether Parliamentary, statutory, parochial or local including (without limitation) in compliance with the Health and Safety at Work etc Act 1974, the Environmental Protection Act 1990, The Construction (Design and Management) Regulations 2015, Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof and all other health and safety and environmental legislation in existence at the time of the Sale. To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by the Buyer shall be to the best industry practice;

In all cases arising under this General Condition 6.11 the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Company and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Company and/or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of this General Condition 6.11 and the Buyer shall make good any damage caused to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot under this General Condition 6.11.

6.12 The Company shall be entitled to halt the clearance of any Lot if in its absolute discretion the

removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted

by the Company, the Buyer must liaise with the Company's site representative as to how the Lot

should be removed from the Location provided that the Buyer shall at all times ensure that it

complies with its obligations under General Condition 6.11 above and the Company shall have no

liability in this regard.

6.13 The Buyer shall provide evidence as and when requested by the Company of the Buyer's insurance policies in respect of the following insurances and at a minimum level of: 6.13.1 Public Liability Cover - limit Two Million Pounds (£ 2,000,000); and

6.13.2 Employers Liability Cover - limit Ten Million Pounds (£10,000,000);

the Company reserves the right to vary the level of insurance cover stated above at any time, as and when required.

6.14 The Buyer shall provide to the Company a Risk Assessment & Method Statement complying

with The Construction (Design & Management) Regulations 2015, COSHH or with any subsequent

amendments thereof or such other legislation as shall from time to time be in force.

6.15 Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and

MUST be carried out by an approved contractor following consultation with the site representative.

6.16 It is expressly brought to the Buyer’s attention that certain Lots could contain asbestos, noxious

chemicals/ substances etc. which if not handled correctly during their removal could result in breach

of Health & Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations

or other statutory requirements.

6.17 Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable statutory requirements

6.18 The Buyer must use safe and lawful means of removing the Lot, must comply with all current statutory requirements and regulations including those relating to the disposal and removal of waste, and if required, satisfy the Company in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor to an approved waste management site.

6.19 The Buyer acknowledges and agrees to give a written undertaking pursuant to section 6(8) of the Health & Safety at Work Act 1974 when required to do so.

6.20 It is expressly brought to the attention of the Buyer that certain types of plant or main service installations could contain asbestos, dangerous chemicals etc. which, if not handled correctly during their removal from site, could be in breach of the Health & Safety at Work Act 1974, the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations as amended and the Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislation covering the use of such substances in a working environment.

6.21 It is the Buyers or their removal contractors responsibility (i.e. Police, Ministry of Transport, Local Authority) to transport off site long/ wide loads, within sufficient time prior to the commencement of clearance period as stated in the Special Notes & Conditions.

6.22 The Buyer shall indemnify the Company and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of the Lot after title to the Lot has passed to the Buyer but before it is removed from the Location.

6.23 All Lots are sold on the understanding that the Seller does not represent them as being in a condition which makes them suitable for domestic use. If any Lots are intended for domestic use the Buyer must ensure that they comply with the requirements of the Furniture & Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.

6.24 The Buyer undertakes to comply with the provisions of the Data Protection Act 1998 in

processing data held by them in connection with any Lot.

7. Default by the Buyer

7.1 If at any time the Buyer has failed to pay the sums specified in General Condition 5 above in full

by the due date for payment, or to remove any Lot purchased by the Clearance Date and Time

specified in the Special Conditions the Seller may rescind the Sale of that Lot, in which case any

Deposit shall be forfeit, and that Lot may be resold.

7.2 If the Seller has rescinded the Sale but the Buyer has removed the Lot purchased, the Seller shall

be entitled without previous notice to enter upon any premises where he believes the Lot to be and

remove it.

7.3 If the Seller has rescinded the Sale and the Lot has been resold by the Auctioneer and/or the

Company or by the Seller, the Buyer shall reimburse the Seller with any shortfall where:- 7.3.1 the

resale price less the Sale price; and

7.3.2 the costs incurred by the Seller incidental to the resale.

7.4 If the Buyer fails to remove any Lot by the Clearance Date and Time specified:- 7.4.1 the Seller

may remove the Lot from the Location and leave it outside at the Buyer’s risk in all respects;

7.4.2 the Seller may charge the Buyer for the reasonable costs of storage;

7.4.3 the Seller may charge the Buyer rent, taxes, men's wages and expenses incurred as a result of the Lot(s) remaining at the Location; and

7.4.4 the Buyer shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the Lot from the Location.

8. Acknowledgements and Exclusion of Warranties

8.1 The Buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties

or representations made by the Seller or the Company or any of their employee’s agents or

representatives. All representations, warranties and conditions, express or implied, statutory or

otherwise in respect of all and any of the Lots are expressly excluded and without limitation any

warranties and conditions as to title, quiet possession, satisfactory quality, fitness for purpose and

description are excluded to the fullest extent as permitted by law.

8.2 The Buyer further acknowledges that neither the Sellers nor the Company shall in any

circumstances be liable to or to compensate the Buyer nor shall the Buyer be entitled to rescind the

Sale or reject any Lot for an error omission or misstatement contained in the Catalogue and/or in the

Special Conditions.

8.3 The Buyer also acknowledges that:- 8.3.1 all the Lots are purchased on the basis that risk of good

title to all or any of them passing to the Buyer is at the Buyer’s risk and without limitation the Lots

are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire

purchase agreements and reservation of title claims (if any) in respect of them;

8.3.2 if it shall be found that the Seller does not have title to all or any of the Lots the Buyer shall have no right to rescind, avoid or vary this agreement or to claim damages or a reduction in the price paid or payable;

8.3.3 anything found in, under, near or in any Lot which is not specifically included in the description of the Lot remains the property of the Seller;

8.3.4 any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or the Company may be unable to effect transfer. The Buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Buyers sole risk.

8.4 The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road. It is the Buyer’s responsibility to remove Company logos and lettering from vehicles. Odometer readings are not warranted.

8.5 The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s)

may not necessarily comply with any statutory requirements or regulations governing the use of that

plant, machinery or equipment in their working environment. Neither the Seller nor the Company

shall incur any liability to the Buyer because of any default or defect in all or any of the Lots. Buyers

are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does

not contravene any health and safety and environmental legislation in existence at the time of the

Sale.

8.6 The Buyer acknowledges and agrees that the Company is acting only as agent of the Seller and it

is expressly agreed and declared that no personal liability in connection with the Sale of any Lot or

otherwise shall fall on the Company and the Buyer shall indemnify the Company against all and any

liabilities arising under or in connection with the Sale of any Lot. Insolvency Practitioner(s), including

Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the Seller without

personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to

any document relating thereto.

8.7 The Buyer acknowledges and agrees that the Auctioneer does not represent any lot as being in a

condition which makes it suitable for domestic use.

8.8 The Buyer acknowledges and agrees that the Auctioneer does not have nor professes to have

any expert or other knowledge of any Lots sold.

8.9 The Buyer acknowledges and agrees that the Auctioneer is hereby excluded from any liability the

Auctioneer might otherwise incur.

8.10 The Buyer acknowledges and agrees that no liability shall attach to the Auctioneer either in

contract or in tort for loss of injury or damage legal or otherwise sustained by the Seller, any bidder,

the Buyer or any other person by reason of any defect in any Lot sold, latent or otherwise, or any

defect or danger of the premises where the Auction is held.

8.11 The Buyer agrees that the General Conditions and the exclusions which they contain are fair

and reasonable bearing in mind that:- 8.11.1 the Buyer must rely absolutely on the Buyer’s own

opinion and/or professional advice concerning the quality, state, condition, performance and

functionality of the Lots any right, title or interest which is sold under the terms of these General

Conditions, their fitness and suitability for any particular or any purpose, the possibility that some or

all of them may have defects not apparent on inspection and examination including, without

limitation, the presence of contamination and the possibility that the Buyer may not acquire title

and the fact that the Buyer would have no remedy under this Agreement should that happen;

8.11.2 the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be recognised as being fully effective by the Courts and the Seller making it clear that it would not have agreed to sell any Lot on any other basis except for a higher consideration;

8.11.3 the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.

8.12 Notwithstanding anything else in these General Conditions, the Seller’s and the Company’s total liability under or in connection with the Sale of any Lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, including consequential loss, shall be limited in aggregate to the price paid for the Lot or if no price has been paid then the higher of the market value or reserve price for the Lot. This General Condition 8.12 does not apply to liability for death or personal injury.

8.13 The Buyer acknowledges that a Sale by Auction is not a consumer sale for the purposes of the

Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair

Contract Terms Act 1977 and the Buyer shall not seek to rely upon and conditions or warranties

implied thereby or by any other legislation.

9. Entire Agreement

9.1 The parties agree that these General Conditions, the Special Conditions and the Catalogue

constitute the entire agreement between them and supersedes all previous drafts agreements

arrangements and understandings between them, whether oral or written.

10. Jurisdiction

10.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive

jurisdiction to settle any dispute or claim arising out of or in connection with these General

Conditions or its subject matter or formation (including non-contractual disputes or claim).

SPECIAL CONDITIONS OF SALE

Seller: As displayed on www.bidspotter.co.uk sale details page or in the catalogue

Location: As displayed on www.bidspotter.co.uk sale details page or in the catalogue

Directions: As displayed in the catalogue

Viewing: As displayed on www.bidspotter.co.uk sale details page or in the catalogue

Access to the Location is allowed on the understanding that all persons attend the Location entirely at their own risk and are responsible for and will indemnify the Seller and the Company against any losses damage or claims occasioned by their presence at the Location.

Children under the age of 16 will not be allowed access to the Location.

Registration:

All bidders must register their details with the Company and provide identification where required. In the case of Live Auctions by way of the registration form provided at the Live Auction or in the Catalogue and in the case of Online Auctions, online at the Website (www.bidspotter.co.uk).

Bidding:

The General Conditions and the Special Conditions apply to all Sales by way of Auction, private treaty and tender and in the case of any Bids placed by way of an Online Auction stress that all Bidders must read and understand Bidspotter’s terms and conditions of registration at www.bidspotter.co.uk.

At the close of the timed Online Auction Sale final Bid figures will be submitted to the Seller for its approval and any Bid shall be subject to approval and acceptance by the Company and/or the Seller. No Bid may be withdrawn and the Company/Seller does not bind himself to accept the highest Bid or any other Bid placed in the course of the Online Auction Sale.

Buyer`s Premium:

Buyers will pay a Buyer`s premium of 10% or 15% (as displayed on www.bidspotter.co.uk sale details page or in the catalogue) (plus VAT) of the purchase price for each Lot purchased whether by Auction or, private treaty or tender. The Buyer`s Premium is payable by the Buyer to the Company in accordance with the General Conditions and, for the avoidance of doubt is payable in addition to the purchase price for the Lot. The Buyer`s Premium is not negotiable and is payable by all Buyers.

Deposit:

Buyers shall pay a deposit of 25% (plus VAT) of the purchase price for each Lot purchased as requested by the Company pursuant to the General Conditions and these Special Conditions. The company reserve the right to take a deposit by way of a credit/ debit card payment from the card presented for registration if the payment terms below are not complied with.

Payment:

Payment must be made within 3 days of auction closing. When bidding, you are entering in to a legally binding contract with Michael James Auctions Limited to purchase. We must ask you to consider carefully your bidding activity; non-payment of invoices is not taken lightly and Michael James Auctions Limited may take steps to recover any monies due either through the courts or via debt collection agencies. Additionally, your details will be handed over to Bidspotter and your account suspended from future auctions. Once a bid has been placed, it cannot be removed. Michael James Auctions Limited accept payment by BACS. If you have failed to settle your invoice(s) within the specified time, Michael James Auctions Limited reserve the right to take payment from your registered card held with Bidspotter.

All Lots shall be paid for in full within 48 hours of the conclusion of the Sale and shall be at the Buyer`s risk immediately upon the conclusion of the sale.

Cash - In view of Money Laundering Regulations the Company reserves the right to refuse payment in cash. Payments in cash of more than £7,500 will not, in any circumstances, be accepted.

Bankers Draft/ Cheques: (made payable to Michael James Auctions Ltd ) will only be accepted on the basis that any Lots are not removed until cleared funds are in the Company`s client account.

Debit Cards: We do not currently accept debit card payments

All sums payable under the General Conditions and these Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company.

Clearance:

All lots must be cleared without fail by the date as displayed on www.bidspotter.co.uk sale details page or in the catalogue, such date and time being the Clearance Date and Time as referred to in the General Conditions, REMOVAL OF ALL LOTS WILL BE STRICTLY BY APPOINTMENT, please see the Company`s invoice for contact details.

Collection from site is the Buyer’s responsibility, the Company/ Seller do not provide a packing/ delivery service.

Reserve Removal:

Lots sold subject to a reserve removal will either be indicated in the Catalogue with the date of availability or will be identified by the Auctioneer at the point of Sale. A Deposit will be payable as with other lots but in this instance payment in full can be left until five (5) working days prior to availability. Unless specified to the contrary such Lots must be removed from the Location not later than the Clearance Date and Time specified for final removal in these Special Conditions.

Fire Alarm:

In case of a fire alarm all visitors and contractors are to exit buildings and report to the Muster Point.

Smoking:

No smoking on site. Food and Drink is only to be consumed in designated areas.

Safety:

All persons including Buyers, their employees, agents, representatives and contractors are reminded that they are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective clothing as appropriate.

Finance:

If Buyers wish to purchase Lots with the help of a finance company they should make arrangements well in advance of the Sale to ensure that they are able to make payment in accordance with the General Conditions.

 

Overseas Buyers:

Overseas Buyers should ensure that the country to which the items are destined:-

• holds no import restrictions on the goods to be purchased;

• has no import licence restrictions or a restriction on currency allocation;

• has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.

Overseas Buyers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Company`s bank.

Overseas Buyers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders. The [Seller and/or Company] will be pleased to advise accordingly.

The Company makes no representation and accepts no liability whatsoever to any Buyer in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

VAT Payments and Returns:

All overseas Buyers (EU and non EU) will be charged VAT at the current rate on each Lot purchased. This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading as proof of export, providing this documentation is received within 3 months of the sale date. The Seller is unable to refund the VAT on the Buyer’s Premium to non EU countries.

Misrepresentation:

Whilst every effort has been made to provide reliable information, Michael James Auctions Ltd do not warrant the information contained herein and prospective purchasers must satisfy themselves by way of inspection as to its correctness.