Sale Terms and Important Information

General Conditions of Sale

1. Anybody selling, bidding, or buying at our sales is deemed to have read and understood these conditions and to agree to be bound by them.  In these conditions “we” means Shouler & Son 

Acceptance of Goods

2. We accept goods for sale subject to payment by the seller of the current scales of commission and charges, and subject to our condition of acceptance for private or trade goods printed on the relevant entry form.

3. If anybody brings to the sale premises any goods or animal which he could reasonably have known to be dangerous, he shall be liable for all injury or loss which we or anybody else may sustain as a result

Reserve Prices, Order of Sale and Bidding

4.We reserve the right on our own account and on behalf of the seller:-

a. to fix a reserve price

b. to accept or ignore bids made by the seller.

c. to bid on behalf of the seller.

d. to re-arrange, consolidate, or withdraw any lots or vary the order of sale without giving any reason to refuse to accept bids of any person.

5.a The person making the highest accepted bid shall be the buyer, but should we inadvertently sell any lot under a reserve price duly notified to us, we may cancel the sale at any time up to one hour after the end of sale, or until the lot is paid for, whichever happens later.

b. We will not accept a maiden bid or advance for less than we state from time to time.

c. A bidder shall not retract his bid

6. If a dispute arises as to any bidding then at our discretion either:-

a. the lot to which the disputed bid relates shall immediately be put up again, or

b. we shall determine the dispute and our decision shall be final and binding on all parties

7. Buyers Premium (BP) and Value Added Tax (VAT)

A Buyer’s premium of 2% of the hammer price is payable on all lots up to a maximum of £200 per lot.  This is subject to VAT @ 20%.  (For reference any lot sold at £9,999 or under will attract a 2% buyers premium.  Any lot over £10,000 or over will have a fixed buyers premium of £200, also subject to VAT @20%.)

All lots in this sale are subject to VAT at 20%

B: Online bidding will be available for this sale via i-bidder.com or bidspotter.co.uk. A 3% plus VAT internet surcharge will be added to the hammer price for successful bids made online through i-bidder.com or bidspotter.co.uk.

Payment of Lots

8. All lots must be paid for prior to being removed and must be removed not later than the date prescribed in the Catalogue. Cash payments are subject to money-laundering regulations. Debit card facilities will normally be available on collection days. Credit cards will NOT be accepted.

9. In the event of any lots not being paid for following the receipt of an invoice or removed within the time allowed we may at our discretion:

a. charge interest to the purchaser at 5% above the current HSBC base rate on invoice total.

b. charge for removal and storage of goods. Both are subject to £50 plus VAT per item per week for smaller items, £100 per week plus VAT per item for larger items.

c. rescind the sale and recall such lots, any loss or expense being recoverable from the original buyer.

10. The risk in each lot shall pass to the buyer at the fall of the hammer, but the ownership of each lot shall remain vested with the seller until the lot is paid for.

11. We may stop the buyer removing any lot until he has paid in full for every lot he has bought at the sale.

12. The buyer is responsible for any damage to any other lots or to the sale premises done in the removal of his lots, and shall either repair the same before removing his lots, or pay the estimated cost of doing so, fixed by us or the owner of the premises as appropriate. 

Removal of Lots & Loading

13. We have loading facilities available on both collection days. 

Any damage caused during removal of items and loading will not be the responsibility of Shouler & Son.

No lots may be removed from site unless accompanied by a receipted invoice. 

14. Loading facilities are available for both collection days. Any loading facilities after the collection days is subject to confirmation. 

2nd & 3rd March 2023 - 10am to 4pm.

Any lots that are left after the 4th March 2023 may be removed by the farm/land owner without notification to the purchaser. It is advisable to contact the office to confirm when you wish to collect the lot(s) purchased as to assist the collection days and have staggered times. The collection and removal of lots is the sole

Responsibility of the buyer. Any arrangements in respect of the lots being collected by a courier and payments associated with this, is for the buyer to undertake and make.

Loading Facilities

14. There will be no loading facilities provided by Shouler & Son. The Seller will not accept any responsibility or liability for the loss or damage to lots left on the sale ground and all Buyers are

Buyers are reminded that they are fully responsible for any lot purchased from the fall of the hammer.

Warranty

15. In so far as the law allows neither we nor the sellers accept any liability for any loss or injury caused the purchase of any lot.  The buyer undertakes to take reasonable practical steps to ensure his purchase will be safe and suitable for use.  Because of obsolescence and wear and tear, it is unlikely that goods, bought at auction, will be saft and serviceable as new goods from shops or trade suppliers.  The seller is not a supplier withing the meaning of Health & Safety Act 1974.

Export of Goods - All goods purchased at Shouler & Son auctions that are to be exported or removed from the United Kingdom will:

Be dealt with under the requirements set out of HM Customs and Excise publications:

a)      VAT Notice 703 dated January 2021 – Goods exported from the United Kingdom from 1st January 2021

b)      VAT Notice 712 dated January 2014, Amended in 2019  – The Single Market.

c)     VAT Information Sheet 2/00 dated May 2000 – Exports and Removals:  Conditions for zero rating

Be ZERO RATED for VAT purposes subject to the following conditions being met

a)      The buyer provides Shouler & Son with their VAT/FISCAL NUMBER (which will be verified with UK Customs & Excise) at the time of purchase.

b)      The goods are removed from the United Kingdom within three months from the time of supply (the date of auction).

c)      Shouler & Son are provided with valid commercial documentary evidence that the goods have been removed from the United Kingdom within three months of the date of auction.

Unless and until the above requirements are fulfilled Buyers will be charged VAT at the United Kingdom standard rate (currently 20%).  This will only be refunded if all requirements within the regulations are met within the specified time limits.

In so far as the law allows neither we nor the sellers accept any liability for any loss or injury caused by the purchase of any lot. The buyer undertakes to take reasonably practical steps to ensure his purchase will be safe and suitable for use. Because of obsolescence and wear and tear, it is unlikely that goods, bought at auction, will be as safe and serviceable as new goods from shops or trade suppliers. The Seller is not a supplier within the meaning of Health & Safety Act 1974.

16. We do not claim any expert knowledge of the description, origin or fitness of any lot offered for sale. Where adverts, lot lists or catalogues are prepared, the descriptions are there to help the buyer to find lots in which he might be interested. All lots will be sold with all faults and errors of description, as seen at the time of sale, except that any electrical or mechanical goods announced to be In Working Order at the time of sale but found and notified to us as being faulty before noon on the day following the sale, may be returned by the buyer not later than 24 hours thereafter and the purchase price will be refunded.

17. The buyer ought to inspect the lots before he buys. If he buys without inspection he does so at his own risk. If in any case we display a sample, we give no warranty as to the condition or consistency of the rest of the lot. Machine hours are given in good faith as recorded when cataloguing, but are not guaranteed accurate.

Agents

18. Anybody intending to bid shall inform us before the sale if he is going to bid as an agent and shall give us any information we reasonably require. Anybody who buys as an agent shall nevertheless be jointly and severally liability to us with their principal for the purchase price and only matter to do with the sale.

Site safety

19. The sale site is a commercial environment not designed for attendance by the general public.  Neither we nor the Sellers nor the site owners accept any liability for any accident or loss to any persons attending the sale.

General Remarks

1. SITUATION

The sale will take place at  Welby Grange Farm, Welby, Melton Mowbray, Leicestershire

note this is an online auction only and no live sale shall take place on site.

Signposts will be erected for the view day - entry & exit will be a one way system. 

POST CODE: LE14 3JH 

WHAT3WORDS: LAYERS.UPON.ANTS

2. CAR PARKING

There will be car parking available 

3. REFRESHMENTS

No refreshments will be available on view day or collection.

4. VALUE ADDED TAX

Bids made for lots which attract Value Added Tax shall be exclusive of VAT chargeable.

Purchasers should retain the invoice and catalogue from the auctioneers. These documents will be required to support their VAT account and will constitute their tax invoice. VAT will be payable on lots bought for export and will not be refunded until all proper procedures are complete.

5. PAYMENT

Prospective purchasers are strongly advised to make arrangements before the opening of the online sale day insofar as bank references are concerned. Failure to do so may result in goods being withheld until cheque clearance has been affected.

Payments will be requested once invoices have been sent and we are able to take Debit card or bank transfer. All invoices will be sent with our bank account details for online payment with reference.  Credit cards will NOT be accepted.

6. VIEWING

Viewing day will be on 25th  February 10.00am – 4.00 pm only.  Please be aware of the limited parking available on site and can we remind any interested parties wishing to view, to be mindful of neighbours in the area.

7. MACHINE HOURS

Machine hours were taken prior to the sale date in preparation for the catalogue therefore they may be different on the sale day itself. No machine hours are guaranteed by the Auctioneers.

8. WARNING!

The equipment listed in this catalogue may not, in every case, comprise a complete equipment of the type described. Intending purchasers must satisfy themselves as to the extent to which any lot is deficient of component parts. See clause 13 of the Conditions of Sale.