Please contact us regarding delivery if not stated in the lot description 

These General Conditions of Sale (the ‘Conditions’) apply to any auction held or organised by the Auctioneer.

Definitions

When used in these Conditions, the following terms highlighted in bold shall have the following meanings:

Auction: a public or private sale in which Goods belonging to the Seller are sold to the highest Bidder by the Auctioneer;

Auctioneer: Asset Clearance Limited (registered number 08153247) or William George Auctioneers Limited (registered number 08480625) or any other company within their Group (including their employees and agents and any person to whom conduct of the Auction is delegated under Condition 5.11 below);

Bid: an offer to purchase a Lot in accordance with these Conditions submitted by a Bidder;

Bidder: a person bidding for a Lot;

Buyer: a person who submits the highest Bid for a Lot that is accepted by the Auctioneer;

Goods: any item (or number of items) consigned to the Auctioneer by the Seller to be placed into a Lot for sale at an Auction;

Group: any entity that is a ‘subsidiary’ or ‘holding’ company as defined by s.1159 Companies Act 2006;

Lot: (a collection of) Goods listed (whether in a catalogue or otherwise) by the Auctioneer that are available to be purchased at an Auction;

Overseas Purchaser: a Buyer whose residence is outside the UK; and

Seller: a person who has placed Goods with the Auctioneer for sale and who has the legal and beneficial title to the Goods listed in a Lot and/or any agent(s) authorised to act on their behalf.

Any person who attends an Auction and/or submits a Bid at an Auction held or organised by the Auctioneer, whether by electronic means or otherwise, is deemed to have read and accepted these Conditions by reference to their attendance at the Auction or submission of a Bid.

To the extent that these Conditions are inconsistent with any special conditions set out or referred to in the Auction catalogue or announced at the Auction, the special conditions shall prevail.

References to a ‘person’ in these Conditions shall (where the context requires) include a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s successors and permitted assigns.

2. The Seller’s instructions and warranties

2.1 The Seller warrants that:-

the Seller has the full unencumbered legal title and express authority to sell the Goods that the Auctioneer has placed into in a Lot;

the Goods placed into a Lot by the Auctioneer will be of satisfactory quality, will be fit for purpose and will be in accordance with any other relevant statutory obligations relating to the sale of the Goods;

the description and content of the information listed by the Auctioneer (whether in a catalogue or otherwise) relating to any Goods is accurate and not misleading in anyway;

subject to any contrary powers of the Auctioneer set out in these Conditions, the Seller will sell the Goods placed in a Lot for the price indicated in a Bid submitted by a Buyer providing that the conditions in Condition 4.1 below are satisfied; and

the Seller will not contact any Buyers or potential buyers directly in relation to a sale of any Goods whilst they are listed in a Lot.

If the Seller’s instructions are given by the Seller’s agent, the Seller’s agent warrants that he/she has the Seller’s authority:-

to instruct the Auctioneer;

to give the warranties set out in Condition 2.1 above; and

to instruct the Auctioneer to act in accordance with any special conditions.

Auctioneer’s remuneration

The Auctioneer’s remuneration shall be such as has been agreed between the Seller and the Auctioneer.

The Auctioneer may (in its discretion) deduct its remuneration from monies received from the Buyer before accounting to the Seller for the balance.

General rules governing bidding and buying

If a Bidder submits a Bid to purchase any Lot(s), the Bidder must complete the transaction with the Seller providing:

the Bid has been accepted as the highest value Bid for the Lot by the Seller; once the Auction for that Lot has closed;

the Auctioneer declares that Bidder to be the Buyer in accordance with Condition 5.7 below; and

the value of the Bid is at least equal to or greater than any minimum reserve price for the Lot set by the Seller (if any).

Upon satisfaction of the conditions in Condition 4.1 above a Buyer can only terminate a contract to purchase the Lot if the Goods comprising the Lot do not materially comply with the information provided in the Auction catalogue in relation to them.

Unless the Auctioneer 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 the Bidder’s own behalf as principal.

Placing a Bid entitles the Auctioneer and any Seller to rely on the Bid as a genuine offer to purchase the Goods contained in the Lot.

If the Auctioneer has earlier acknowledged in writing that the Bidder bids as agent on behalf of a named principal, the Bidder warrants that the Bidder has the authority of the Bidder’s principal to make each Bid that the Bidder makes.

Conduct of the Auction

The Auctioneer offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Auction catalogue.

Any Lot may be subject to a minimum reserve price set by the Seller unless otherwise indicated in the Auction catalogue.

The Seller or the Seller’s representative or the Auctioneer on the Seller’s behalf may Bid for any Lot unless otherwise indicated in the Auction catalogue.

The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.

With the previous written consent of the Seller, the Auctioneer may sell any Lot by private sale before or after the Auction.

Any person wishing to place a Bid for a Lot at an Auction organised by the Auctioneer must register a valid credit or debit card and other relevant details with Bidspotter.co.uk before they will be able to Bid.

A Bidder who submits the highest value Bid for any Lot before an Auction is closed may be declared as the Buyer by the Auctioneer.

If a Bidder submits a Bid within [XX] minutes of the closure of any Auction or less, the Auctioneer reserves the right to automatically extend the time during which Bids can be submitted for a Lot by [ten (10)] minutes.

The Auctioneer may decide where there is a dispute between Bidders to summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.

The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.

The Auctioneer may in its sole discretion delegate to a person whom the Auctioneer believes to be competent to conduct the Auction in accordance with these Conditions.

The Auctioneer has a right to report suspicious activities to the relevant authorities, at any time.

After the sale

Upon the Auctioneer declaring the Auction for any Lot to be closed and the Lot to be sold, the Buyer shall immediately arrange to pay not less than 25% of the price offered in their Bid to the Auctioneer by way of direct payment into the nominated bank account of the Auctioneer (details of which shall be provided to the Buyer by the Auctioneer).

Payments shall be in pounds sterling (£) (unless otherwise indicated).

All prices are exclusive of VAT or other applicable taxes, delivery charges and insurance unless otherwise indicated by the Auctioneer (whether in the catalogue or otherwise).

Within [one (1)] business day of the closure of the Auction in relation to any Lot the Buyer shall confirm the identity of any person on whose behalf the Buyer has purchased the Lot (if any).

Within the time specified in Condition 6.6 below, the Buyer shall pay the following sums to the Auctioneer in full:

the balance of the price due for the Lot together with any VAT due; or

where the final price for the Lot was not immediately determined upon the closure of the Auction for the Lot, the value as summarily determined by the Auctioneer, whose determination shall be final and binding, of all or part of any Lot.

The time for complying with Condition 6.5 above shall be the time specified in the Auction catalogue or, if no time is specified there, 4pm on the next business day following receipt of the final invoice produced by the Auctioneer, and in every case time shall be of the essence.

The Auctioneer may at any time in its sole discretion grant the Buyer an extension of time for complying with Condition 6.6 above, in which case the Buyer shall pay the auctioneer in full in accordance with such extension before moving or removing the Lot.

Interest on any unpaid sums shall accrue at a rate of 4 per cent above the base rate of [BANK] in force from time to time.

Until the Buyer has complied with Condition 6.5 above:-

(a) title to any Lot shall not pass to the Buyer;

(b) the Lot shall be at the Buyer’s risk;

(c) the Auctioneer shall have a lien over any Lot purchased by the Buyer at the Auction; and

(d) 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 Auctioneer and the Seller.

On written request by the Buyer the Auctioneer shall provide a VAT invoice in a proper form, if appropriate.

Removal of the Lot

Without the prior written consent of the Auctioneer, the Buyer may not remove the Lot bought until after the end of the Auction and the Auctioneer has confirmed that they are holding cleared funds received from the Buyer.

After paying the sums specified in Condition 6.5 above, the Buyer must remove the Lot bought by the time specified in the Auction catalogue or, if no time is specified there, as soon as reasonably practicable. In each case time shall be of the essence.

The Auctioneer may at any time at its sole discretion and on terms reasonably specified by him grant the Buyer an extension to the time specified in Condition 7.2 above.

If the Lot bought is or includes a motor vehicle, no warranty is given by the Auctioneer that the vehicle may safely or lawfully be driven on any road.

When removing any Lot the Buyer:-

(a) is responsible for detaching any Lot fixed to land 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 Auctioneer;

(b) must use safe and lawful means of removing the Lot;

(c) shall indemnify the Auctioneer and the Seller against any loss damage legal or other expenses and any claim arising from the detaching of the Lot or its removal; and

(d) shall have adequate insurance in respect of such indemnity and shall on request produce to the Auctioneer a receipt for the last premium due or other sufficient evidence that such insurance has been effected and remains in force.

Liability of Auctioneer

Goods sold in any Lot are sold as seen, with all faults and imperfections, and the Auctioneer is not responsible for any defects whatsoever (whether latent or not).

No warranty or representation of any kind is given or authorised to be given by the Auctioneer with regards to any Lot.

Overseas purchasers

If the Buyer is an Overseas Purchaser, the Buyer must advise of the Buyer’s intentions to export the Lot immediately and notify the sales co-ordinator of the Auctioneer by email: Justin Wilson contact@assetclearance.co.uk.

Overseas Purchasers will be required to provide the following information:

(a) their passport(s);

(b) another form of identity, (i.e. drivers licence, name, address, UK agent (if any), telephone and fax numbers);

(c) full details of their national bank and their UK corresponding bank; and

(d) full details from their bank confirming method of payment.

If the Buyer is an Overseas Purchaser, it is the Buyer’s responsibility to ensure that:

(a) the country to which the Goods are destined to got to has no import restrictions on the Goods that the Buyer has purchased;

(b) the country to which the Goods are destined to got to has no import licence restrictions or a restriction on currency allocation;

(c) the country to which the Goods are destined to got to has no prolonged inspection procedure, which might cause excessive delay in allowing the Goods to be imported;

(d) the Buyer employs a reputable freight-forwarding organisation; and

(e) the Buyer has read and agreed with these Conditions.

If the Buyer is an Overseas Purchaser and there are any special arrangements that the Buyer wishes to make with the Auctioneer, the Buyer must contact the Auctioneer at least three (3) business days before the Auction takes place.

VAT and subsequent refunds

All Buyers intending to export a Lot will be charged an additional deposit equal to that of the VAT due on each Lot purchased.

In order to qualify for a refund, the Goods must be exported in accordance with relevant export regulations and valid written evidence of such compliance shall be sent by the Buyer to the Auctioneer within one (1) month of the date of export to the following address on official company headed notepaper signed by the Buyer: Justin Wilson, The Crown Inn, Crown Lane, Tinwell, Rutland, PE9 3UF.

Where satisfactory evidence is not provided, goods will be subject to UK VAT at the standard rate of export and the Buyer will forfeit any deposit they may have paid in accordance with this Condition 10.

The Auctioneer is unable to refund the VAT on the Buyer’s premium in any circumstances.

If the Buyer chooses to export the Buyer’s purchases using the Buyer’s own transport, then VAT will be levied and refunded upon satisfactory documentation supporting the removal of the Goods purchased being sent to the address set out in Condition 10.2 above.

Notwithstanding any other Condition in these Conditions, the Auctioneer reserves the right to refuse:

to accept any Bid from a Bidder; or

to sell any Lot (in whole or in part) to a Buyer.

11. Default by the Buyer

If at any time the Buyer fails to pay any of the sums payable under these Conditions when they fall due or to remove any Lot by the time specified in Condition 7 above (or any extension granted under Condition 7 above), the Auctioneer may rescind the sale of that Lot, in which case any deposit shall be forfeited, and that Lot may be resold by Auction or privately by the Auctioneer.

If the Auctioneer has rescinded the sale but the Buyer has removed the Lot bought, the Auctioneer shall be entitled upon serving reasonable advanced written notice on the Buyer, to enter upon any premises where the Auctioneer believes the Lot to be and safely remove it.

If the Auctioneer has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely:-

the sale price less the resale price; and/or

the costs of and costs incidental to the resale of the Lot.

If the Buyer has failed to remove any Lot by the time specified in Condition 7 above (or any extension granted under Condition 7 above) and as a result the Seller is unable to give vacant possession on disposing of or relinquishing any interest in the premises from which the Lot should have been removed, the Buyer shall compensate the Seller for any loss arising from such failure to give vacant possession.

Waiver

No failure or delay by the Auctioneer to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by the Auctioneer shall prevent or restrict the further exercise of that or any other right or remedy.

Governing law and jurisdiction

These Conditions shall be governed by and construed in accordance with the laws of England and Wales, save that:

if the Auction is held in Scotland, in accordance with the laws of Scotland; or

if the Auction is held in Northern Ireland, in accordance with the laws in Northern Ireland (where applicable),

and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

William George`s Xmas General Collective Auction

Auction Ending 02/01/14 from 11:00

Payment Due 07/01/14

Collection Due 10/01/14

Buyer`s Premium of 16.5% applicable unless otherwise stated.

VAT applicable unless otherwise stated.

Lot Locations:

Lot 1 - 10 - Peterborough PE1 - 10% Buyer`s Premium

Lot 1001 - 1008 - Kings Cliffe PE8 - 16.5% Buyer`s Premium

Lot 1009 - 1010 - Peterborough PE4 - 16.5% Buyer`s Premium

Lot 1011 - 1015 - Chertsey, Surrey -10% Buyer`s Premium

Lots 1016 - 1019 - Nottingham -10% Buyer`s Premium

Lot 1020 - 1021 - London SE3 -10% Buyer`s Premium

Lots 1022 - 1023 - Ashford, Middx -10% Buyer`s Premium

Lots 1024 - 1094 - Nottingham -10% Buyer`s Premium

Lot 1095 - Shrewsbury -10% Buyer`s Premium

Lot 1096 - Sheffield -10% Buyer`s Premium

NOTICE TO PURCHASERS

Sale of Goods Act doesn`t apply, Viewing is welcome and recomended

Once you have placed a bid you are entering a legal contract and are committing to buy.

We reserve the right to take full or part payment from the card you supplied while registering for our auction

VIEWING:

VIEWING BY PRIOR ARRANGEMENT ONLY please call 01780 753 443

BIDDING ENDS:

•Bidding will end on 02/01/14 subject to the normal 10 min extension

•William George Auctions reserves the right to reject any bids which they feel does not reflect reasonable value

•Successful bidders will be notified by email

INSTRUCTIONS FOR BIDDING:

•Access for bidding can be obtained through www.bidspotter.co.uk

•Full details including valid email address must be provided in order to receive approval for bidding

•In the event of a bid being received within 10 minutes of the scheduled closing time, the bidding period on that lot will automatically extend by a further 10 minutes and for a further 10mins for any bid received thereafter.

•MAXIMUM BIDS: If more than one maximum bid is placed of the same amount, the maximum bid placed first will be considered the highest bid and a further bid will need to be to be placed to take the lead. Bidders are notified by an automated message which appears on their screen

•IMPORTANT: When bidding, do not forget to ‘REFRESH’ your screen to ensure you are aware of current bids.

•MAILING: All approved bidders will automatically have their details placed on our database for notification of futures sales undertaken by William George only. In the event that you wish to have your details excluded from our database, please email us at contact@williamgeorgeauctions.com

BUYERS PREMIUM:

•The purchaser will pay a buyer’s premium of 16.5% plus VAT, unless stated, which will be charged on all lots.

•The premium is not negotiable and will be paid by all buyers

•VAT on buyer’s premium is payable where goods are exported in all instances.

PAYMENT TERMS:

•All purchases are to be paid in full, no later than 16.00 (4pm) on the 07/01/14.

•All queries regarding payment should be directed to our Sales & Accounts team, contact@williamgeorgeauctions.com

Please refer to the page headed “PAYMENT DETAILS” for acceptable methods of payment

A 2% charged for payments made by Debit Card & 4% for payments made by Credit Card

A Further 1% fee will be added for any payment that has to be taken by ourselves due to overdue unpaid invoices

VALUE ADDED TAX:

•Purchasers will be charged Value Added Tax on all lots, where applicable, at the current rates

DEPOSITS:

•No deposits are required in this auction for any other items. All payment is to be made in full prior to collection.

RISK:

•The bidder / buyer is at risk once the buyer is notified of his successful purchases and is strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until payment has been received in full.

RECORDED “USEAGE” READINGS: The hour and odometer readings on machinery and vehicles in this sale cannot be warranted and should not be relied upon.

COMPUTER SOFTWARE: Due to the Data Protection Act, all software and data will be removed from computers prior to selling.

CLEARANCE TERMS AND ARRANGEMENTS

•All lots must be removed before16.00 (4pm) on 10/01/14, Storage charges will be applied after this date of £20 Per Lot Per day

•Clearance of all lots must be undertaken in accordance with Health & Safety at Work Regulations and, where necessary, Construction Design and Management Regulations 1994. You may be required to provide a Work Method Statement and Risk Assessment approved by William George Auctions prior to removal of any lots.

•William George Auctions reserve the right to stop clearance if in their opinion; they believe it is being carried out in an unsafe manner or without the Method Statement and Risk Assessment.

•The purchaser should ensure that their contractors hold sufficient public liability insurance, copies of which should be made available to Asset Clearance if demanded.

•Any fluids remaining in any lots purchased MUST be removed from site in conformity with the Control of Substances Hazardous to Health (COSHH) Regulations.

CONDITIONS OF SALE

All lots will be sold subject to the Conditions of Sale as listed here.

TRANSFER OF LOTS:

William George Auctions will only accept payment from and permit removal of lots purchased by the successful purchaser or their duly appointed agent.

OVERSEAS PURCHASERS:

Overseas purchasers must, on acceptance of offers, advise of their intentions to export their good immediately and notify our Sales Co-ordinator, Robin Gray - robin.gray@williamgeorgeauctions.com

We strictly enforce our terms and conditions. Potential purchasers, who do not inspect lots prior to bidding, do so at their own risk.

The condition and function of an item should be confirmed by the bidder, prior to bidding. There will be no refunds or allowance given after the closure of the bidding process. Your bid is your commitment to purchase. Not to view or negotiate. Transgression of these rules will be reported to Bidspotter, with a request to ban the bidder.

No warranty is offered or implied, it is bought as sold and seen. Viewing is welcome and recommended.

TERMS:

Full payment must be made within three days and removal within 3 days. This is a legally binding contract to purchase, if you are not sure, do not bid. We are unable to cancel your purchase, after the auction closes.

if you cannot remove item by the deadline day please call us and we will try to make arrangements.

if no contacted is made and Items are not removed by the required date a storage of £20 per lot per day will be added

Method of payment - BACS transfer.

Goods will only be released when the funds have cleared into the account.

Please remember you are bidding to buy!

We will pursue legal action to claim any unpaid invoices

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