Cherry Tree-Braunex programmable commercial washer-extractor, Load capacity: 400lb, Serial number:

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 conducted pursuant to these General Conditions.
“Auctioneer” the person conducting the Auction or to whom the conduct of the Auction is delegated under clause 4.10 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” 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.
“Catalogue” the catalogue incorporating these General Conditions.
“The Company” Fox Lloyd Jones Ltd (company number 4794141)
whose registered office is at Carlton Tower, 34 St Paul’s Street, Leeds, LS1 2SP
“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 or the Company’s invoice.
“Seller” the person upon whose instructions the Company is conducting the sale, details of whom are set out in the Special Conditions.
“Special Conditions” the Special Conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Company.

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 whether by Auction, private treaty or tender including all Lots described in the Catalogue or the Company’s invoice.

2.2 Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.

2.2 To the extent that these General Conditions are inconsistent with any Special Conditions, the Special Conditions shall prevail.

2.4 These General Conditions, shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-

(1) Scotland in which case the laws of Scotland shall apply; or
(2) Northern Ireland in which case the laws of Northern Ireland shall apply.

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 identity of the Seller is set out in the Special Conditions.
3.3 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.
3.4 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. The Bidder warrants that he has the authority of his principal to make each Bid made.
3.5 Every Bidder is required to give his name and address and provide satisfactory proof of identity to the Company before making any Bid.

4. Conduct of Auctions

4.1 Any Lot may be subject to a reserve price.
4.2 The Seller or his representative or the Company on his behalf may Bid for any Lot.
4.3 The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.
4.4 The Company may sell any Lot by private sale before or after the Auction.
4.5 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 Buyer shall be the person who made the highest Bid before the fall of the hammer or such other Bidder as the Auctioneer may declare to be the Buyer without being required to give a reason.
4.8 The Auctioneer may decide whether there is a dispute between Bidders, may summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.
4.9 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.
4.10 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.
4.11 The Buyer may not remove any Lot he has bought until after the end of the Auction.

5. Sale and Payment

5.1 The Buyer shall pay the following sums to the Company in full and without set off:-
(1) immediately upon the sale of any Lot a deposit of 15% of the price, if requested by the Company;
(2) the balance of the price of the Lot purchased together with a Buyer’s Premium of 15% of the price and any VAT due by no later than the time and date specified in the Special Conditions;
(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 £7,000 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% 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 clause 5:-
(1) title to any Lot bought shall not pass to the Buyer;
(2) the Seller shall have a lien over any Lot bought by the Buyer in the Auction;
(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 prices are exclusive of any applicable value added tax 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.

6. Removal of Lots

6.1 Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the sale being agreed, which, in the case of an Auction, is upon the fall of the hammer.
6.2 The Buyer may not remove any Lot until the Buyer has:-
(1) paid by cleared funds all amounts payable pursuant to clause 5 above in full; and
(2) if requested by the Company produced evidence satisfactory to the Company that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition 6.6 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.
6.3 (1) The Buyer must remove each Lot purchased by the time and/or date specified in the Special Conditions 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.

(2) Buyers should co-operate regarding order of removal in order to comply with the clearance date. If it transpires that a purchaser makes no effort to commence dismantling and the particular item of plant is preventing other buyers from removing equipment, then the Auctioneer reserves the right to insist that removal take place immediately notwithstanding the final clearance date.

If in the event the purchaser does not comply, then the Auctioneer reserves the right to arrange for the removal of the lot or lots and charge any attendant costs to the purchaser.

(3) If any lot or item 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 purchaser of the relevant Lot(s) or Item(s).

6.4 It is expressly brought to the Buyer’s attention that certain Lots could contain blue or white asbestos, dangerous chemicals 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.
6.5 When removing any Lot the Buyer:-
(1) shall be responsible for detaching any Lot fixed to land or buildings and must do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without previous written permission signed by or on behalf of the Company;

(2) Compliance with Laws, Regulations and Planning Purchasers or their Removal Contractors are responsible for applying for relevant planning permissions (if appropriate) with reference to the removal of building structures and plant housings.
Purchasers or their Contractors shall at all times comply with all orders, regulations, requirements and rules of any authority whether Parliamentary, statutory, parochial or local and in particular shall comply with all requirements applicable to the employment by them of labour or otherwise affecting the work. The Purchasers or their Contractors shall in addition and without prejudice to the generality of the foregoing conform to the regulations and bye-laws of local authorities and shall pay all fees and charges arising under the said regulations and bye-laws in respect of the Work.
It is the purchaser’s 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.
(3) 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 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;
(4) is responsible for ensuring that any motor vehicle may be safely and lawfully driven onto a public highway;
6.6 The Buyer shall indemnify the Company and the Seller against any loss damages, expenses, claims or liabilities arising directly or indirectly from the detaching of any Lot fixed to land or buildings and/or its removal including (without prejudice to the generality of the foregoing) any damage caused to other Lots, the Location or to any third party.

7. Default by the Buyer

7.1 If at any time the Buyer has failed to pay the sums specified in clause 5 above in full by the due date for payment, or to remove any Lot purchased by the time or date 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, the Buyer shall make good any deficiency, namely:-
(1) the sale price less the resale price;
(2) the costs of and incidental to resale.
7.4 If the Buyer fails to remove any Lot by the time specified:-
(1) the Seller may remove the Lot from the Location and leave them outside at the Buyer’s risk in all respects;
(2) the Seller may charge the Buyer for the reasonable costs of storage;
(3) 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 employees 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 (without limitation any warranties and conditions as to title quiet possession, satisfactory quality fitness for purpose and description).
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.
8.3 The Buyer also acknowledge that:-
(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 so 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;
(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; and
(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.
8.4 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 before using it on a public road and 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 statutory requirements or regulations.
8.5 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.
8.6 The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-
(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;
(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;
(3) the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.

SPECIAL CONDITIONS OF SALE

Seller:
On the Instructions of Bolton NHS Foundation Trust

Location:
The Royal Bolton Hospital, Kitchener Way, Farnworth, Bolton, BL4 0JR

Timed Online

Auction Sale:
Viewing Day: Tuesday 10th March 2015 between 9:30am and 4:00pm
(Strictly by Appointment Only)

Online Bidding Closes: Wednesday 11th March 2015 at 12:00pm
(Subject to 10 minute rule)

Viewing:
Tuesday 10th March 2015
Access to the Location is allowed on the understanding that viewers 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.

Registrations:
All bidders must register their name and address with the Company.

Overseas Buyers: When registering overseas buyers must also provide:-
• Passport details;
• other confirmation of their identity and address, eg drivers licence;
• full bank details.
VAT: VAT will be charged at the current rate of 20% and will be added to all auction bids.

Buyers Premium: The buyer will pay to the auctioneer a premium of 15% on the “hammer price” to which will be added Value Added Tax at the current rate. The premium is not negotiable and is payable by all buyers. The auctioneer, when acting as agent for the seller, may also receive commission from the seller.

Payment: All monies must be paid in accordance with the terms and conditions.
Lots may only be collected upon receipt of cleared funds:
Telegraphic Transfer - Bank details for telegraphic transfer:
Account: Fox Lloyd Jones Limited Clients Account
Bank: Barclays Bank Plc, Albion Street, Leeds
Sort Code: 20-48-42
Account Number: 80875198
Cash - In view of Money Laundering Regulations the Company reserves the right to refuse payment in cash. Payments in cash of more than £7000 will not, in any circumstances, be accepted.
Bankers Draft : made payable to Fox Lloyd Jones Limited
Cheques: cheques will only be accepted on the basis that seven working days are required for cleared funds before any Lots are removed. Cheques over the limit of a cheque guarantee card will only be accepted for immediate clearance of Lots if they are supported by a banker’s reference.
Banker’s references: Banker’s references are only acceptable if they are original top copies correctly dated and addressed to Fox Lloyd Jones Limited referring specifically to the sale in question and the Buyer and are in the form specified or previously approved by the Company.

Special Notes and Requirements:

- All payments are to be sent by CHAPS transfer by no later than
Friday 13th March 2015.

- Removal will be strictly on an appointment basis and removal must be completed no later than 4pm on Thursday 19th March 2015 for all lots.

- It is the purchasers responsibility to ensure he/she has the required transport and packaging in order to undertake clearance of lots efficiently and adequately in accordance with the Auctioneers requirements.

- Lots 1-6 require removal first in order to facilitate the removal of the remaining lots.

- Any purchaser of Lots 1-6 must remove and collect by appointment week commencing Monday 16th March 2015.

- All remaining lots to be collected and removed between Monday 23rd and Thursday 26th March 2015, between the hours of 9:30am and 4pm.

- Please note all lots will be safely disconnected prior to removal by Bolton Hospital.

- Please be aware that it may be that certain lots will need to be removed from an elevated position approximately 3ft above pavement height.

Deposits: The Company reserves the right to request a deposit to be paid.

Clearance: Lots 1-6 require removal first in order to facilitate the removal of the remaining lots. Lots 1-6 must be removed week commencing 16th March 2015
Lots 7-44 to be collected between Monday 23rd and Thursday 26th March 2015
Clearance of all lots must be undertaken in accordance with current Health & Safety at Work Regulations and Construction Design & Management Regulations. The Buyer may have to provide a “method statement” and/or “risk assessment” approved by the Company prior to the removal of any lots. The Company reserve the right to halt clearance if it is being carried out in an unsafe manner or without an approved “method statement” and/or “risk assessment”.
Any fluids 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 Control of Substances Hazardous to Health Regulations.

Risk:
The Bidder is on risk once the offers are accepted and is strongly advised to effect insurance at once.

Transfer of Lots: The Company will only accept payment from and permit removal of Lots purchased by the Buyer or its agents.

Value Added Tax: Purchasers will be charged Value Added Tax at the current rates on the amount of their purchases.

Furniture and
Furnishings: 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. The Buyer is reminded that 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.

Conditions of Sale: The attention of Buyers is drawn to the General Conditions of Sale included in the Online Auction Specification.

At the end of the online sale final bid figures will be submitted to our clients for approval. Any lots may be subject to a reserve price.

All lots shall be paid immediately on receipt of invoices and shall be at the purchasers risk from the date of invoice. Clearance to be arranged on an appointment basis through the Agents Fox Lloyd Jones.

Please see the Specific and General terms of sale for clarification on any issues

Software:
Title to computer Software is not transferred and use is subject to any licence or copyright restrictions and user conditions. The Vendors/Agents/Auctioneers reserve the right to erase any private or sensitive information prior to delivery or at any later date.

Pipework:
All pipework will be disconnected by Bolton Hospital prior to the collection period.
Electric Cable:
Electric cable and pallets are not included with the sale of any lots unless otherwise indicated. All electric motors and machinery must be disconnected from the machine side of the isolator switch which must be left with the buildings. This work will be carried out by Bolton Hospital prior to the collection period.

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 visitors 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.

HSE:
Health & Safety Legislation and Construction, Design and Management Regulations 1994.

Purchasers should be aware of the above and comply as appropriate. It is also important that all purchasers/contractors comply with site rules, site procedures and Health & Safety Regulations.

Unless specifically excluded purchasers 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 Auctioneer.

NOTICE TO PURCHASERS

Purchase of Goods using a Finance Company:
If Buyers wish to purchase goods 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 conditions of sale.

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 license restrictions or a restriction on currency allocation;
• has no prolonged inspection procedure which might cause excess delay 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 Sellers bank, Barclays Bank plc, Albion Street, Leeds LS1.
Overseas Buyers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in this country are not necessarily freight forwarders. The Seller will be pleased to advise accordingly.
Overseas Buyers should read the conditions of Sale.

Please Note:-
(a) The Seller cannot allow removal of any Lot from the Auction Sale until their Accounts Department has received notification from their banker that the Buyer’s payment has been properly cleared in full. Monies must be transferred to the Seller within the time state in the “Conditions of Sale” on the following page.

(b) If there are any special arrangements that the Buyer wishes to make with the Seller, the Buyer must contact the Seller at least three days before the Sale date.

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.