Terms and conditions of sale – Tender and Private Treaty sales

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1. The vendors and their agents hereby reserve the right not to accept the highest or any other Tender or Offer received, and of determining in their absolute discretion all disputes regarding the bidding or any other matter arising under these conditions. Also of bidding for, withdrawing, consolidating, dividing or altering the order of any of the lots.

2. The lots will be sold as they stand at the time of sale, with all their qualities and defects, irrespective of their description, and although every care will be taken to give accurate descriptions of each lot, purchasers must satisfy themselves before bidding, as no drawback after the sale will be allowed on the grounds of error of description, specified size or alleged deficiency. All lots will be held at the buyer’s risk from the time of purchase.

3. The purchaser shall pay to the auctioneer lot money over and above the purchase money (such amount being irrespective of any charges paid by the vendor). The lot money shall be FIFTEEN percent of the purchase money. These lot monies are subject to Value Added Tax at the standard rate.

4. Successful purchasers will be notified by post and settlement shall be made in full by CASH, DEBIT CARD, BANKER’S DRAFT or BANK TRANSFER within the specified time (normally within 3 working days from notification). Payments made in cash will be subject to a 1% surcharge. Payments by credit card will be subject to a 3% surcharge.

5. All lots purchased by any one person to be deemed and taken as being included in one contract, and no goods are to be removed during the hours of sale, or until such goods have been paid for in full to the auctioneer or his authorised agent. The auctioneer will not recognise the transfer of any lots from one purchaser to another, or make any alteration in the sale book in respect thereof.

6. All lots must be removed from the premises at the purchaser’s expense within the specified time. The auctioneer will not be responsible for any loss occasioned by fire, accident or otherwise prior to or during removal.

7. If any one person purchases two or more lots the prices of all must be paid for in full before the collection of any.

8. If any purchaser fails to comply with these conditions, the money deposited in part payment shall be forfeited to the vendor. All lots uncleared may either with or without notice be resold by public auction or private treaty at the option of the auctioneer, and all loss or expense from any second sale shall be made good by the defaulter at this present sale, and shall be recoverable as and for liquidated damages, and any increase in price obtained by such resale shall be the property of the vendor at the present sale. The auctioneer being only the advertised agent of the vendors will not be answerable for any matter in dispute between parties, or in connection with this sale.

9. Value Added Tax will be charged at the current standard rate on goods which are subject to such tax and will be added to the amount of the bill.

10. The auctioneers do not guarantee that any of the machinery sold complies with the Health and Safety Regulations Acts, and it is the purchasers
responsibility to ensure that these regulations are complied with before use.

11. Whilst every effort is made to establish good title to the goods sold, if any third party claim arises, or title to all or part of a lot is claimed, prior to its collection by the Purchaser, James Sutherland (Auctioneers) Limited reserves the right to rescind the sale.