In bidding in this auction you are accepting the terms in our NOTICE TO PURCHASERS and our TERMS AND CONDITIONS OF SALE.

CONDITIONS OF SALE BE ONLINE AUCTION

1: CONDITIONS

These conditions, together with any special conditions or ‘Notices to Purchasers’, are the only terms and conditions subject to which New England LLP will contract with buyers. Bidding for any lot shall be deemed to be an acceptance of these conditions and any conditions in the Notices to Purchasers. If there is any inconsistency between any of these conditions and anything in the Notices to Purchasers, then those in the Notices to Purchasers shall prevail

1.2 These General Conditions apply to every Auction of Plant and Machinery, Chattels, Trade Stocks and Vehicles conducted by the Auctioneer and to any Lot offered for sale in the Auction whether that Lot includes property fixed to land or not fixed to land or any other personal property.

2: Inspection

2.1 It is the Buyers responsibility to make their own inspection of the lots and the premises specified and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose

2.2 The Auctioneers hereby specifically exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may attend at the premises for the purpose of the auction, inspection, purchase, collection or any other business.

2.3, All lots are sold ‘As Is, Where Is’ No Guarantees or Warranties are suggested or given, It is the Buyers responsibility to satisfy themselves that the lot is fit and / or suitable for purpose,

2.4 All inspections and viewings unless stated in Notice to Purchasers will be by appointment only

3: Payment

3.1 Payment is required immediately upon receipt of invoice; we accept payments by Bank Transfer, Cash and Cheques, Buyers wishing to pay by cheque must contact us before the close of the auction. We are unable to accept cash payments in excess of £7500.00.

3.2 No lots will be released to the Buyer until their invoice is paid in full including all taxes and premiums.

3.3 Some lots may require a deposit before bids will be accepted, if a deposit is required the information will be posted in the Notice To Purchasers and in the lot description

Buyers Premium

4. The successful bidder will pay 15% buyers premium in addition to the hammer price

4.1. Buyers Premium is subject to VAT at 20%

Value Added Tax

5.1 Value Added tax (VAT) will be charged at 20% on both hammer price and buyers premium

5.2 Overseas Buyers who can provide proof of permanent export within 3 months from the invoice date will have vat refunded, to qualify for a vat refund we will require a Certified Bill Of Lading, Commercial Invoice And Packing List

Collections

6. All collections must be made in accordance with the terms in the Notice To Purchasers.

6.2 No lots will be released to the Buyer until their invoice is paid in full including all taxes and premiums.

6.3 Lots not collected within the specified times in the Notice To Purchasers may be subject to storage charges

6.4 Some lots may require a method statement and risk assessment before collection.

6.5 Some lots may have a ‘Lift Out Charge’ such lots will be listed in the Notice To Purchasers and notes will be in the lot description

6.6 Buyers must 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 2007, 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;

6.7 The Auctioneer or Seller shall be able to halt the collection of any lot in absolute discretion if it is deemed that the collection is being carried out in an unsatisfactory and / or unsafe manner

6.8 Buyers or contactors operating on behalf of buyers may at any time be asked to provide copies of relevant insurance cover and licenses for operating equipment

6.9 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.

Liability

7 Neither the Vendor nor the Auctioneers, their servants or agents shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or the failure of the lots to fulfil the functions for which they were intended

7.1 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. All lots are sold “as is where is” and 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 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.

7.2 Should a Buyer, by himself, his servants or agents cause damage in any way to the site of the auction or damage to or loss of any lot thereat, the Auctioneer shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Auctioneer whose decision shall be final and unchallengeable. The Auctioneer`s assessed sum shall be paid by the Buyer upon receipt of invoice therefore and payment shall be made forthwith, time being of the essence.