BUYER'S PREMIUM: 10% on the first £1,000 and 5% from £1,001 - £8,000 (capped at £450 per lot) of the hammer price and is subject to VAT at the prevailing rate. VAT : 20% - Sales tax applied to invoice total unless Lot stated in description as non-VAT. Buyer’s Premium is also subject to VAT. PAYMENT OPTIONS: Cheque, BACS and Cash (less than £7,500 only) PAYMENT INSTRUCTIONS: THE CARD USED TO REGISTER WITH PROXIBID IS USED FOR IDENTIFICATION PURPOSES ONLY. IT WILL NOT BE USED FOR PAYMENT PURPOSES. RESERVES: There is a reserve on the majority of Lots included in this Machinery Auction. VAT is payable on all lots unless otherwise stated. BIDDING: All registrations for this Machinery Auction are provisional and subject to the approval of the auctioneer. Potential buyers 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. Your bid is your commitment to purchase, not to view or negotiate after the sale. Transgression of these rules will be reported to Proxibid and the bidder will be blocked from taking part in any future Proxibid sales. PAYMENT: All payments must be made in GBP. All items purchased must be paid upon receipt of the invoice sent by the auctioneers. We will only accept the following payment methods: 1. Debit card (subject to the conditions below); 2. Personal cheque (clearance of the cheque or bank guarantee required before goods leave, see below); 3. Bank/building society guaranteed cheque or draft; 4. Sterling draft; 5. Bank to bank transfer; and 6. Cash payment up to £7500. In order to comply with the Money Laundering Regulations 2003, we are unable to accept cash payments for the sums in excess of £7500. This includes single payments amounting to this sum or multiple payments totalling £7500. We are also unable to accept any cash payments paid directly into our bank account. CURRENCY: GBP COLLECTION INSTRUCTIONS: Please contact Heards RPS for Vendor details to arrange collection. VIEWING OF LOTS: Please contact Heards RPS for details. Items located across multiple locations. Please see the individual item locations in lot listings and contact Heards RPS prior to auction closing for details if wishing to view. SPECIAL TERMS THE CARD USED TO REGISTER WITH PROXIBID IS USED FOR IDENTIFICATION PURPOSES ONLY. IT WILL NOT BE USED FOR PAYMENT PURPOSES. RESERVES: There is a reserve on the majority of Lots included in this Machinery Auction. VAT is payable on all lots unless otherwise stated. BIDDING: All registrations for this Machinery Auction are provisional and subject to the approval of the auctioneer. Potential buyers 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. Your bid is your commitment to purchase, not to view or negotiate after the sale. Transgression of these rules will be reported to Proxibid and the bidder will be blocked from taking part in any future Proxibid sales. PAYMENT: All payments must be made in GBP. All items purchased must be paid upon receipt of the invoice sent by the auctioneers. We will only accept the following payment methods: 1. Debit card (subject to the conditions below); 2. Personal cheque (clearance of the cheque or bank guarantee required before goods leave, see below); 3. Bank/building society guaranteed cheque or draft; 4. Sterling draft; 5. Bank to bank transfer; and 6. Cash payment up to £7500. In order to comply with the Money Laundering Regulations 2003, we are unable to accept cash payments for the sums in excess of £7500. This includes single payments amounting to this sum or multiple payments totalling £7500. We are also unable to accept any cash payments paid directly into our bank account. EXPORT OF GOODS - All goods purchased in Heards RPS’ August Online Auction are to be purchased by United Kingdom residents only. Heards RPS will not be issuing any VAT refund for items purchased in their August Online Auction with the intention of export. Buyers will be charged VAT at the United Kingdom standard rate (currently 20%). INVOICE ALTERATIONS: After the sale day, we are unable to change or amend any invoice(s). This includes changing the VAT status of the purchaser, name and address of the buyer etc. Lots are also unable to be transferred between buyers after the sale day. There will be no exception to this rule. COLLECTION: Items must be collected by 30th September 2017. The Auctioneers have the right to re-sell any item not collected after that date. BUYERS PREMIUM: This will be charged at 10% on the first £1,000 and 5% from £1,001 - £8,000 (capped at £450 per lot) of the hammer price and is subject to VAT at the United Kingdom standard rate (currently 20%). INTERNET SURCHARGE: There will be no internet surcharge on any lots. VIEWING: Please contact Heards RPS for viewing times. All persons attending sites to view lots are reminded that there may be risks on the site including moving machinery and vehicles and to exercise caution at all times and adhere to the health and safety regulations of the site. Any incidents that occur on the site should be reported immediately to the owner of the lot and Heards RPS and details recorded in the accident book. PAYMENT: All lots become the sole risk of the buyer at the fall of the hammer. The property in a lot purchased shall not pass to the buyer or be removed until payment has been cleared of the full purchase price (including commission and VAT) to the auctioneers. All lots must be paid for on receipt of invoice and not later than 5 working days from the day of sale. CHEQUE PAYMENTS: Buyers unknown to the auctioneers wishing to pay by cheque with immediate clearance must be accompanied by a written Bank reference for a sum equal to or in excess of the total invoice. The reference must specify the sale name, date, the account details upon which the cheque will be drawn and the amount up to which their cheque will be honoured. We are able to accept VISA, DELTA and SWITCH debit cards only. Payments by credit card are not acceptable. In order to comply with Money Laundering Regulations 2003 we are unable to accept cash payments for sums in excess of £7,500 either as a single payment or multiple payments totalling £7,500. REMOVAL OF LOTS: No lots may be removed from site until the auctioneers have confirmed to the Vendor that they are in receipt of full cleared funds. All lots are to be removed by 30th September 2017. Any lots remaining after 30th September 2017 will be re-sold (see section 21 of the Conditions of Sale). The Joint Auctioneers and Seller will not accept any responsibility or liability for the loss or damage to lots left on the sale ground and all Buyers are reminded that they are entirely responsible for any lot purchased from the fall of the hammer. Vehicles entering the site for loading must move with caution. ONLINE BIDDING: We recommend that registration for online bidding is made before the day of sale. Heards RPS accepts no liability for any loss of connectivity and the ability to bid on the day of sale. VAT: VAT will be payable on all lots in addition to the hammer price at the standard rate. CONDITIONS: The sale will be conducted under our standard Machinery Conditions of Sale reproduced in this catalogue. These Machinery Conditions of Sale are also available on our website (www.heardsrps.co.uk) for the relevant sale and from the office by request. All prospective Buyers should ensure that they have read and understood these Conditions. The act of bidding will be taken as acceptance of them. ENGINE HOURS: Neither the Sellers nor the auctioneers make any warranty regarding engine hours or vehicles mileages. CATALOGUE ENTRIES: Whilst every attempt is made to ensure that the descriptions are accurate, no guarantees are either given or implied. Buyers should be aware that from time to time, lots are withdrawn and other lots added. VIEWING: Please contact Heards RPS by telephone or email to obtain Vendors details to arrange viewing. EXPORT OF GOODS - All goods purchased in Heards RPS’ August Online Auction are to be purchased by United Kingdom residents only. Heards RPS will not be issuing any VAT refund for items purchased in their August Online Auction with the intention of export. Buyers will be charged VAT at the United Kingdom standard rate (currently 20%). 1. DEFINITIONS (i) In these conditions the following terms have the following meanings unless inconsistent with the context: ‘Auctioneers’ means Heards RPS LLP (‘Heards RPS’) C.R.N. OC376507 whose registered office address is at Two Gates, Holcombe Rogus, Wellington, Somerset, TA21 0PX, UK; ‘Commission’ means the commission charged on the sale of Lots; ‘Conditions’ means the standard terms and conditions of business set out in this document; ‘Lots’ means all or any machinery and other items sold or intended to be sold in accordance with these conditions; ‘Purchaser’ or ‘Buyer’ means a person, firm or Company who purchase any Lot; ‘Vendor’ means a person, firm or Company who puts forward any Lot intended to be sold at the sale; 'Sale’ means a sale of the Lots by auction from time to time organized by the auctioneers; ‘Sale ground’ means the venue at which the sale takes place; ‘Hammer Price’ means the price at which a Lot is knocked down by the Auctioneer to the Purchaser; and ‘Reserve Price’ means the minimum price fixed by either the Auctioneers or Vendor at which any Lot is to be sold at the sale. (ii) Except where the context otherwise requires words denoting the singular include the plural and vice versa; words donating one gender includes all genders, words denoting persons include corporations. 2. CONDITIONS OF SALE (i) All persons attending the Sale in any capacity are deemed to attend on the understanding that they have read and understood these Conditions. (ii) These Conditions may be supplemented or superseded by Special Conditions applicable to specific Sales. Please check with the Auctioneers who will announce any departures within the ‘Special Terms’ on the website. (iii) These Conditions, the sale of the Lots and the participation in the auction are on the basis that the Purchaser is acting wholly or mainly within the Purchaser's trade, business, craft or profession. The Purchaser should immediately notify the Auctioneers if this is not correct. 3. HEALTH AND SAFETY (i) All persons entering the Sale ground do so at their own risk and with notice of the condition of the premises and their contents. (ii) All persons entering the Sale ground are hereby made aware that there are significant risks on the Sale ground including moving machinery and equipment; (iii) Caution should be exercised at all times and children must be fully supervised at all times. (iv) All persons entering the Sale ground must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneers in charge. (v) Any accidents or incidents that occur on the Sale ground must be immediately reported to the owner of the lot and Heards RPS and details recorded in the accident book. (vi) No powered machinery or equipment should be started without the prior approval of the Lot owner. (vii) Any vehicles brought onto the Sale ground to collect lots should be operated with extreme caution and within a 5mph speed limit. (viii) The Auctioneers shall have the right at their discretion to refuse bidding registration for their auctions to any person or entry of any lot. 4. AUCTIONEERS STATUS (i) The Auctioneers sell as agents for the Vendor except where they are stated wholly or partly to own any Lot as principal. (ii) The parties to the contract of sale are the Vendor and the Purchaser. The Auctioneers are not responsible for any default by Vendor or Purchaser. (iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale. 5. LIMITATION OF LIABILITY (i) This clause 5 sets out the entire financial liability of the Auctioneers (including any liability for the acts or omissions of its respective employees, agents and subcontractors) for: (a) any breach of these Conditions however arising; (b) any use made or resale of the Lots by the Purchaser; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions. (ii) Nothing in these Conditions shall limit or exclude the Auctioneers liability for: (a) death or personal injury resulting from negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by applicable law. (iii) Without prejudice to clause 5(ii), the Auctioneer shall not under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any: (a) loss of profit; (b) loss of goodwill; (c) loss of business; (d) loss of business opportunity; (e) loss of anticipated saving; or (f) special, indirect or consequential damage, suffered by any other party that arises under or in connection with these Conditions. (iv) Without prejudice to clause 5(ii) or clause 5(iii), the Auctioneers total liability for all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Reserve Price. (v) The Purchaser acknowledges that the Vendor has given the Purchaser a reasonable opportunity to inspect the Lots, and the Purchaser has satisfied itself as to the quality and condition of the Lots. 6. WARRANTY DECISIONS: In case of dispute as to the interpretation of these Conditions the decision of the Auctioneers shall be final and binding on all parties save as provided for in Clause 17(iv). 7. RESERVATIONS (i) The Auctioneers sell as agent for the Vendor and as such are not responsible for any default by the Vendor or Purchaser. (ii) The Auctioneers have absolute discretion without giving any reason to refuse any bid, to divide any Lot, to combine any two or more Lots, to withdraw any Lot from the auction and in case of dispute put up any Lot for auction again. 8. CATALOGUES AND ADVERTISEMENTS: The Auctioneers cannot guarantee that any Lot described in any Catalogue or advertisement will be presented for sale, nor that any description therein contained can be relied upon as accurate. Any illustrations in Catalogues are for general identification only. 9. RESERVE PRICE AND BIDDING (i) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers. (ii) No bidding shall be retracted (iii) All Lots must be inspected by the Purchaser. Except as set out in these Conditions the bids are on the understanding that the Lot has been inspected and is purchased with all faults and imperfections. (iv) The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price for any lot. 10. PAYMENT (i) All Purchasers must register to bid via Proxibid and pay to the Auctioneers the amount of the purchase money and if appropriate VAT and any Buyer’s Premium charged on receipt of Invoice and not later than 5 working days from date of sale. 11. RESPONSIBILITY FOR LOTS: After the fall of the hammer such risk and duty shall devolve upon the Purchaser. 12. RESERVATION OF TITLE (i) If not paid for on demand, the Lot shall be resold. (ii) Title to Lots shall not pass to the Purchaser until payment in full is received (in cash or cleared funds) for the Lots, in which case title to these Lots shall pass at the time of payment of all such sums. (iii) Until title to Lots has passed to the Purchaser, the Purchaser shall: (a) not remove, deface or obscure any identifying mark or packaging on or relating to those Lots; and (b) keep those Lots insured on the Vendor’s behalf for their full price against all risks with an insurer that is reasonably acceptable to the Vendor. 13. BUYER’S PREMIUM & INTERNET SURCHARGE: Buyer’s Premium will be charged on the hammer price at 10% on the first £1,000 and 5% from £1,001 - £8,000 (capped at £450 per lot) and is subject to VAT at the prevailing rate. There will be no internet surcharge. 14. VALUE ADDED TAX ON PURCHASE PRICE: VAT at the standard applicable rate will be added to the sale price of all lots unless they are exempt which will be stated in the Lot description if applicable. 15. WARRANTY AND INSPECTION OF GOODS (i) Unless a warranty is specifically given for a particular Lot at the time of the Sale, all Lots are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the sale of the Lot as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description. Neither the Auctioneers their servants or agents are responsible for errors of description or for the genuineness or authenticity of any Lot. Unless otherwise stated no warranty is given by the Auctioneers, their servants or agents or by any Vendor to any Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. (ii) If any Lots are described at the same time of the Sale as in ‘working order’ such Lots shall have no defect which renders them incapable of the reasonable work for which they are intended and they must be capable of performing such work for a period of 7 days commencing at 12 noon on the sale day subject always to 15(v) to clause 15(vii) inclusive set out below. (iii) Any Lot described by the Vendor as ‘just overhauled’, ‘straight from work’, ‘worked up to date of sale’ or ‘as new’ or any other similar description will be deemed to have been sold with a warranty that such Lot is in ‘working order’. (iv) All electrical items require a current Electrician’s Safety Certificate which must be supplied to the Auctioneer’s by the Vendor prior to the sale start date. Where electrical equipment is sold without specific instructions for use it is the responsibility of the Purchaser to take independent advice as to the correct operating procedures and any characteristics specific to them. The Auctioneers and Vendor shall have no responsibility for the safe use of the item. (v) The Purchaser of any Lot is responsible for complying with all legal requirements as to the safe use of Lots purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of such Lots. (vi) The Purchaser will be deemed to have inspected any Lot and will be solely responsible for ensuring that the Lot complies with the Health & Safety at Work Act 1974 and in particular Sector Information Minute 01/2006/03 as issued or subsequently amended by the Health and Safety Executive or subsequent governing body prior to commencing use or work with such Lot. (vii)The Purchaser will provide if requested by the Vendor or the Auctioneer acting as Agent on behalf of the Vendor a written undertaking pursuant to Section 6(8) of the Health and Safety at Work Act 1974 to confirm that all duties under Sections 6(1)(a) or 6(1a) of the Health & Safety at Work Act 1974 have passed to the Purchaser at the fall of the hammer. 16. COMPLIANCE WITH ROAD TRAFFIC ACTS: The Purchaser of any vehicle or trailer is responsible for complying with all legal requirements as to the construction and the use of such vehicle or trailer and for obtaining all certificates, permits or other authorization necessary before such vehicle or trailer can be used on the road. 17. ACCEPTANCE AND DEFECTIVE LOTS (i) If the Purchaser fails to give notice of rejection in accordance with this clause, it shall be deemed to have accepted the Lots. (ii) Any Purchaser disputing the accuracy of any description or alleging breach of warranty of a Lot purchased shall: (a) in the case of a defect that is apparent on normal visual inspection, no later than 12:00 noon on the third working day following the invoice date; and (b) in the case of a latent defect, give notice to the Auctioneers as soon as possible following the latent defect having become apparent; (c) return the Lot to the Sale ground (or other such location as notified to the Purchaser by the Auctioneers) with seven days of the Purchaser's notice; and (d) within seven days of the Auctioneer’s request, provide a competent engineer's report setting out full details of the alleged defect. (iii) The Purchaser’s rights under clause 18 shall not apply if: (a) the Purchaser makes any further use of those Lots after giving notice or discovering the defect; (b) the defect arises because the Purchaser failed to follow any oral or written instructions for the storage, commissioning, installation, use and maintenance of the Lots or (if there are none) good trade practice regarding the same; (c) the Purchaser alters or repairs those Lots; (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or (e) the Lots differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. (iv) The Auctioneers may appoint as arbitrator any person including but without limitation any partners of their own firm or any person in their employ who decision shall be final and binding on the Vendor and the Purchaser. 18. RESALE DUE TO FAILURE OF COMPLIANCE (i) On failure of compliance with the conditions, the Auctioneers may without prejudice to any other rights they may have, resell the Lot or Lots, either by public auction or private contract and the deficiency (if any) arising upon the resale together with all expenses shall be due as a debt by the defaulter of the first sale; (ii) The defaulter shall not be entitled to any surplus which may arise by such re-sale, which shall remain the property of the Auctioneers; (iii) Expenses shall be deemed to include the usual Auctioneers’ commission on the re-sale and all expenses for porters, advertising, market tolls, carriage, care, storage, keep and otherwise; (iv) For the avoidance of doubt, if any Lots are subject to a resale the Auctioneers shall not be required to obtain an equal or greater sale price than achieved during the first sale. 19. AUCTIONEERS’ RIGHT TO ANNUL SALES (i) In the event of any dispute or refusal to pay or of non-payment on the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot or Lots; (ii) Persons attending the sale ground are respectfully reminded that verbal or physical abuse to any person will not be tolerated. 20. REMOVAL OF LOTS FROM SALE GROUND (i) All Lots purchased must be cleared from the Sale ground by 30th September 2017; (ii) The Auctioneers reserve the right to sell entirely without reserve by auction at the next, or at any future Sale, any sold or unsold Lot which remains in the Sale ground for longer than the times specified in clause 20(i) above, unless they have received and accepted in their sole opinion a satisfactory explanation in writing from the Purchaser or Vendor as to why the Lot remains in the Sale ground. 21. THIRD PARTY RIGHTS: A person who is not a party to a contractual relation card under these Conditions, shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act. 22. ENTIRE AGREEMENT: You acknowledge that you have not relied on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Conditions. 23. SEVERANCE (i) If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to, or deletion of, a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Conditions. (ii) If any provision or part-provision of the Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. 24. APPLICABLE LAW These Conditions shall be governed and constructed in accordance with English Law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law. MACHINERY CONDITIONS OF SALE BY ONLINE AUCTION CONTENTS Page Clause 1 Definitions 2 Clause 2 Status of Conditions of Sale 3 Clause 3 Entry to the Lot Site 3 Clause 4 Auctioneers’ Status 4 Clause 5 Exclusion of Liability 4 Clause 6 Seller’s Warranties 4 Clause 7 Catalogues and Advertisements 5 Clause 8 Withdrawal of a Lot 6 Clause 9 Private Sales 6 Clause 10 Warranty and Inspection of Lots 6 Clause 11 Vehicles and Trailers 7 Clause 12 Reserve Price 8 Clause 13 Bidding 8 Clause 14 Payment by Buyers 9 Clause 15 Responsibility for Lots 10 Clause 16 Buyer’s Premium 10 Clause 17 Value Added Tax 10 Clause 18 Notification of a Defective Lot 11 Clause 19 Resale Due to Failure to Comply with These Conditions 11 Clause 20 Auctioneers’ Right to Annual Sales 12 Clause 21 Removal of Lots from the Lot Site 12 Clause 22 Applicable Law 12 CONDITIONS OF SALE FOR MACHINERY IN ENGLAND AND WALES 1. Definitions In these conditions the following terms have the following meanings: (i) “Auctioneers” means Heards RPS LLP. (ii) “Conditions” means the standard terms and conditions of business set out in this document. Any further specific conditions will be contained in a separate statement of special conditions. (iii) “Entry Form” means the form to be completed and signed by the Seller describing the Lot in such form as may be required by the Auctioneers before the Lot will be accepted for sale. (iv) “Hammer Price” means the price at which a Lot is knocked down by the Auctioneers to the Buyer exclusive of any Value Added Tax and Buyer’s Premium. (v) “Lot” means any item offered for sale or sold as a single transaction in accordance with these Conditions. (vi) “Lot Site” means the property at which the Lot is located. (vii) “Buyer” means a person firm or company who purchases any Lot including any person firm or company acting as an agent for such a party in the purchase of that Lot in accordance with the Conditions. (viii) “Reserve Price” means the minimum price fixed by the Seller in writing at which any Lot is to be sold at the Sale. (ix) “Sale” means a sale of the Lots by auction organised by the Auctioneers. (x) “Seller” means a person firm or company including any person firm or company acting as an agent for such a party who offers for sale a Lot in accordance with these Conditions. (xi) “Vehicle” means any tractor, self-propelled machine or other vehicles. (xii) “VAT Auctioneers’ Scheme” means the scheme for the treatment of Value Added Tax by the Auctioneers made under The Value Added Tax (Special Provisions) Order 1995 SI 1268 (as amended). (xiii) “Working Day” means each day calculated from midnight from Monday to Friday inclusive in any week except that a Bank Holiday or other public holiday shall not be a Working Day. Except where the context otherwise requires: - words denoting the singular include the plural and vice versa - words denoting one gender include the other gender - words denoting persons include both natural and legal persons. References to any regulation directive statute statutory instrument other legislation or official document include any amendment re-enactment and any other subsequent alteration of that legislation. 2. Status of Conditions of Sale (i) The Seller has agreed to adhere to these Conditions by signing the Entry Form. (ii) Any person participating in the Sale is deemed to participate on the understanding that they have read and understood these Conditions and shall make any bid on the basis of these Conditions. (iii) The Auctioneers may supplement or supersede these Conditions in whole or part with special conditions applicable to a specific Sale or a specific Lot which will be displayed and/or announced prior to the start of the Sale. (iv) No employee or agent of the Auctioneers has any authority to vary these Conditions. (v) Any dispute arising under these Conditions shall be determined in the first instance by the Auctioneers whose ruling shall be binding on the conduct of the auction. If such an issue (save for disputes under 14(xiii) but including any dispute under Clause 19) remains in dispute after the auction it may be referred by the Buyer the Seller or the Auctioneers to arbitration or if the parties agree independent expert determination within the period of ten working days starting on the date of the Sale by a person agreed between the parties in dispute or failing such agreement by a person appointed by the President of the Central Association of Agricultural Valuers on the application of any of the parties within that time paying such fee as may be charged for that service. The parties agree to meet the professional fees and costs of that person as he shall direct and to be bound by his award both as the matter of the dispute and as to the parties’ costs. (vi) Any indemnity under these Conditions shall be an indemnity in respect of all actions proceedings and costs including legal costs expenses claims and demands whatever incurred or suffered. 3. Entry to the Lot Site (i) Any person entering the Lot Site does so at their own risk. (ii) Any person entering the Lot Site must comply with the requirements of all health and safety notices. (iii) The Auctioneers and Seller reserve the right to refuse admission to any person or entry of any Lot onto the Lot Site without giving any reason. 4. Auctioneers’ Status (i) The parties to the contract of sale are the Seller and Buyer. (ii) The Auctioneers sell as agents for the Seller and as such are not responsible for any default of the Seller or Buyer. (iii) The Auctioneers shall have discretion as to the description of any item and may take expert advice on any item, whether from a qualified electrician, agricultural engineer or other person, at the Seller’s expense to ensure that the item is sold in a professional and legal manner. (iv) The Auctioneers may make such announcements or publish such information supplied by a Seller about any Lot as they in their discretion think fit. (v) The Auctioneers shall have absolute discretion without giving any reason: (a) to refuse any bid (b) to divide any Lot (c) to combine any two or more Lots (d) to withdraw any Lot from the auction, and (e) in case of dispute, to offer any Lot for sale again. 5. Exclusion of Liability The Auctioneers shall not be liable for any expense loss claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lot) nor in any respect of personal injury to or death of any person before or arising out of or in the course of or caused by the Sale except to the extent that the same is due to the negligence of the Auctioneers. 6. Seller’s Warranties The Seller warrants to the Auctioneers and to the Buyer:- (i) His identity. (ii) That he is the true owner of the Lot or is authorised by the true owner to act as Agent in offering the Lot for sale. (iii) That he is able to transfer a good and marketable title to the Lot free from any third party claims liens and encumbrances. (iv) That no Lot is subject to a Hire Purchase lease contract hire or any other similar agreement or has been recorded by an insurance company as a write off or as subject to a major insurance claim. (v) That all statements on the Entry Form are correct so that the Lot is not misdescribed being aware that providing a false description can be an offence under the Trade Descriptions Act 1968 and the Fraud Act 2006 punishable by a fine or imprisonment. (vi) That as far as reasonably practicable he has taken sufficient steps to ensure the Lot is safe and without risk to health and safety and that suitable testing and examination has been arranged and that he indemnifies the Auctioneer against all claims under the Consumer Safety Act 1978 and Part 1 of the Consumer Protection Act 1987. (vii) That he has declared in writing on the Entry Form any risk posed by the Lot to health and safety so that it is clear to the Auctioneer and prospective Buyers. (viii) That unless previously disclosed to the Auctioneers any vehicle entered is in a roadworthy condition and complies with regulations made under section 41 of the Road Traffic Act 1988 and has the benefit of any unexpired vehicle excise licence and any current MOT certificate relating to it which will be transferred to the Buyer. (ix) That he will provide all operators’ handbooks and instruction manuals in his possession for the Lot. (x) That where information required by this Clause has not been provided or the Auctioneers have reason to doubt it the Auctioneer may using his powers under Clause 4(iii) above instruct a suitably qualified person to inspect the items and report on any such matter the cost of which shall be borne by the Seller. (xi) That he will indemnify the Auctioneers their servants and agents and the Buyer against any loss or damage suffered by them in consequence of any breach of the above warranties. 7. Catalogues and Advertisements (i) The Auctioneers do not guarantee that any Lot described in any catalogue or advertisement will be offered for sale nor that any description therein can be relied upon as accurate. Any illustrations in catalogues are for general identification only. (ii) The Auctioneers will not be responsible for any costs incurred by any person in reliance on the description of a Lot in the catalogue and those participating in the auction will have no claim against the Auctioneers for their costs should any advertised Lot not be offered at that Sale. 8. Withdrawal of a Lot In all cases where a Lot once entered is not offered for sale on the Seller’s instructions the Auctioneers shall be indemnified by the Seller for all expenses incurred in relation thereto and against all claims from third parties that may arise. 9. Private Sales (i) Any Lot included by the Seller on an Entry Form and accepted by the Auctioneers to be offered for sale must be offered for sale by auction and must not be sold privately before the Sale for which it was entered. The Auctioneers shall not be liable for any breach by the Seller of this condition. 10. Warranty and Inspection of Lots (i) The Auctioneers’ knowledge of the Lots is initially dependent on the information provided by the Seller who has warranted as to its accuracy. The Auctioneer does not carry out exhaustive due diligence on each Lot. The information supplied about Lots is not a representation of fact but a statement of opinion on the basis of the evidence reasonably available. Bidders acknowledge these points and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the Lots in which they may be interested. (ii) Where the Seller has declared any health and safety issues regarding a Lot or the Auctioneers have become aware of any such issues details of the matter will be available to Bidders in the Lot description for that sale on the website. (iii) It will be for Bidders to satisfy themselves as to health and safety matters. Bidders including the Buyer acknowledge that Lots have generally been used and many are of an age and type which means that they are not in perfect condition. As such they may not comply with current health and safety legislation and may have faults not expressly referred to in the catalogue or the other information that may be available on individual Lots from the Auctioneers. (iv) The Buyer must satisfy himself prior to bidding for a Lot as to its condition and should exercise and rely on his own judgement as to whether the Lot accords with its description. The Auctioneers shall have no liability for the accuracy of the description of any Lot. Unless otherwise stated no warranty is given by the Auctioneers to the Buyer in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. It is the Buyer’s responsibility to check the Lot and ensure that its subsequent use is compliant and that identified health and safety concerns are rectified. (v) If a Lot is described at the time of the Sale as in “working order” that Lot is understood to have no defect which renders it incapable of the reasonable work for which it is intended. (vi) A Lot including any electrical item will have been inspected by an electrician. Where electrical equipment is sold without specific instructions for its use it is the responsibility of the Buyer to seek independent advice as to its safe operation. The Auctioneers shall have no liability for the safe operation of the item by the Buyer. 11. Vehicles and Trailers (i) All express and implied conditions and warranties relating to any vehicle are excluded so far as the law allows. (ii) Bidders are advised that if a vehicle is described as unroadworthy it is illegal for it to be used on the road in Great Britain unless it is put into roadworthy condition. (iii) Any reference to the year of a motor vehicle refers to the year in which it was first registered in the United Kingdom. (iv) A person on becoming the Buyer of any vehicle or trailer is forthwith responsible for complying with all legal requirements as to the roadworthiness construction and use of such vehicle or trailer and for obtaining all certificates permits or other authorisations necessary before such vehicle or trailer can be used on the road. If the vehicle or trailer is not roadworthy it is the Buyer’s responsibility to ensure its removal from the Lot Site in a safe manner and if it is thereafter to be used on the road to put it into roadworthy condition. (v) The Buyer warrants that he has third party liability insurance for his use of the vehicle or trailer. (vii) Following the sale of any vehicle the Auctioneers shall not pay over the Sale Proceeds to the Seller until the Seller has given to the Auctioneers the V5C registration book for that vehicle a signed declaration that the registration book is lost or a declaration of non-registration or the Buyer confirms that he has now obtained a V5C document for the vehicle. 12. Reserve Price The Seller shall be entitled to place a Reserve Price on any Lot prior to the Sale being the minimum amount for which the Lot may be sold. 13. Bidding (i) No person may bid without warranting their identity to the Auctioneers. (ii) Any person intending to bid as an agent for a potential Buyer must notify the Auctioneers in advance of the Sale and confirm the arrangements for payment of the goods to the satisfaction of the Auctioneers. (iii) The Auctioneers may accept written instructions to bid on behalf of any prospective Buyer but with no liability in the case of any error arising out of such instructions. Any instructions accepted shall be at the risk of the prospective Buyers who will be deemed to have viewed the Lot. It is the responsibility of the Bidder to ascertain if they have been successful. (iv) Bids shall be made exclusive of any VAT and Buyer’s Premium which may apply. (v) The Auctioneers may refuse to accept the bidding of any person without giving any reason. (vi) No Seller shall bid for any Lot that he has entered into the Sale save where the Seller has set a Reserve Price for a Lot in accordance with Clause 12 in which case bids may only be made on behalf of the Seller for that Lot by the Auctioneers. (vii) Where the Lot is offered for sale on the dissolution of a partnership Clause 13(vii) does not apply. (viii) The person who makes the highest bid acceptable to the Auctioneers shall be the Buyer at the time of sale. (ix) A Bidder is deemed to have inspected any Lot for which he is bidding and if successful in that bidding agrees to take it with all faults and imperfections and to be responsible for ensuring its subsequent compliance with the law. (x) The Buyer warrants that he is able to pay in accordance with these Conditions. (xi) Transfers of purchases will only be recognised at the sole discretion of the Auctioneers. 14. Payment by Buyers (i) Unless otherwise agreed with the Auctioneers the Buyer shall pay the Auctioneers in full upon receipt of invoice for the Lot purchased together with any charges Buyer’s Premium or other payment due under these Conditions before removing that Lot from the Lot Site. (ii) That payment is to be by a means approved by the Auctioneers. (iii) Where the Buyer offers cash in settlement the Auctioneers will not accept more than the equivalent at the time of the Sale in pounds sterling of fifteen thousand euros for transactions at any one Sale in order to comply with the Money Laundering Regulations 2007. (iv) Where a Buyer defaults on a payment the Auctioneers reserve the right to re-sell the Lot and to charge the Buyer for any expenses and loss incurred by reason of the failure of the Buyer to complete his purchase and to retain nay profit that may arise from that resale. (v) The Auctioneers reserve the right to charge the Buyer interest on any payment outstanding from five Working Days after the date of invoice together with any reasonable debt recovery charges such rates and charges for all transactions to be those prescribed for commercial debts by the Late Payment of Commercial Debts (Interest) Act 1998 as amended. (vi) If the Auctioneers have paid the Seller the Sale Proceeds due for a Lot before the Buyer has paid the Auctioneers in full for the Lot then the Auctioneers shall have a lien on the Lot until the outstanding amount is paid by the Buyer to the Auctioneers. (vii) In the event of any sale by the Buyer of a Lot before full payment has been made the Buyer shall hold the proceeds of such sale on trust for the Auctioneers to discharge the lien referred to at Clause 14(vi). 15. Responsibility for Lots From the date and time of sale for a Lot that Lot is the liability of the Buyer who is responsible for its safe use any damage to it and for complying with all legal requirements. 16. Buyer’s Premium Where the Auctioneers state before the Sale in the catalogue or special conditions a Buyer’s Premium together with Value Added Tax may be charged to Buyers calculated on the basis of the Hammer Price at a rate to be stated in that announcement. 17. Value Added Tax (i) The Seller will be responsible for accounting for any Value Added Tax on the Sale of a Lot. (ii) The Seller must state to the Auctioneers whether he is registered for Value Added Tax and if registered his Value Added Tax registration number and whether he operates under a flat rate scheme or any VAT Margin Scheme. If he is not registered for Value Added Tax the Seller hereby confirms that he has instructed the Auctioneers to arrange on his behalf the auction or sale of the Lots he has entered. (iii) The Auctioneers will not account to the Seller for any Value Added Tax without the information required by Clause 17(ii). (iv) The Auctioneers will add Value Added Tax at the appropriate rate to the Hammer Price of a Lot. (v) If a Lot is zero rated exempt or where the Seller operates the flat rate scheme for Value Added Tax purposes the Auctioneers will state this at the commencement of sale. (vi) Where the Seller does not advise the Auctioneers of the appropriate rate of or status for VAT of a Lot the Auctioneer will apply the rate or status that appears appropriate from the information available to them and will not accept liability for any errors. (vii) Where a Lot is sold on behalf of a Seller who is not registered for Value Added Tax the Lot will be sold under the VAT Auctioneers’ Scheme unless written instructions are given to the Auctioneers to the contrary. (viii) Where a Seller is registered for Value Added Tax and is trading goods under the general Margin Scheme and would like to offer a Lot for sale under the VAT Auctioneers’ Margin Scheme the Lot must be included on a separate Entry Form making it clear that the Lot is to be sold under the respective schemes. (ix) The Auctioneers require Buyers from countries in the European Union who are registered for Value Added Tax to supply the Auctioneers with their VAT number or equivalent fiscal number and other relevant information so that the Lots purchased may be invoiced without Value Added Tax. Where this information is not made available or where the Buyer is not VAT registered, VAT will be charged at the appropriate UK rate in addition to the Hammer Price of the Lot. This amount will not be recoverable. It is the responsibility of such a Buyer to ensure that he or his haulier completes and signs a “collection certificate” from the Auctioneers’ office prior to collection of the Lot purchased so that Value Added Tax is not charged at the standard UK rate and be irrecoverable. (x) Buyers from countries outside the European Union will be required to pay a VAT deposit equivalent to the standard UK rate of VAT on the Lot which will be refunded if within three months of “the time of supply” the Auctioneers are supplied with a satisfactory Bill of Loading or Certificate of Shipment as proof of shipment of the Lot outside the European Union, failing which the VAT deposit will be paid over to Her Majesty’s Revenue and Customs. 18. Notification of a Defective Lot (i) Where a Buyer alleges a breach of any warranty for a Lot for which he has paid he shall notify the Auctioneers in writing clearly stating details of the alleged breach as soon as practicable and no later than 1 p.m. on the third Working Day after the day the Lot was purchased and in any event before the Lot is removed from the United Kingdom. (ii) The Buyer shall make the Lot available for inspection in the United Kingdom by the Seller the Auctioneers and the duly appointed agents of either within five Working Days following the day on which the notification of the defective Lot is received. (iii) If there is a complaint against the Auctioneers it will be handled under the complaints procedure established by the Auctioneers to handle formal complaints made against their business. (iv) If the complaint is against the Seller the Auctioneers will notify the Seller of the alleged breach as soon as reasonably practicable and in the event of continuing disagreement any dispute will be handled under Clause 2(v). The Auctioneers’ obligation to account to the Seller for the Sale shall be suspended until they are satisfied that the dispute has been settled. 19. Resale due to Failure to Comply with these Conditions (i) Where a Lot has been sold to a Buyer who then fails to comply with the Conditions the Auctioneers may without prejudice to any other rights they may have resell that Lot either by public auction or private contract. If the price achieved on resale is less than Hammer Price together with any expenses arising the deficit shall be due as a debt from the original Buyer of the Lot. (ii) The defaulter shall not be entitled to any part of the proceeds which may arise by such re-sale which shall remain the property of the Auctioneers. (iii) Expenses due from the defaulter shall be deemed to include the Auctioneers’ commission on the re-sale and all other expenses that would be due on a Sale under these Conditions. 20. Auctioneers’ Right to Annul a Sale of a Lot Before making payment to the Seller in the event of any dispute or refusal to pay on the part of the Buyer the Auctioneers may entirely at their discretion annul and cancel the sale of such a Lot or Lots. 21. Removal of Lots from the Lot Site (i) No Lot whether sold or unsold may be removed from the Lot Site without full payment of cleared funds being received by the Auctioneers. The Auctioneers accept no liability for Lots while at the Lot Site whether sold or unsold. (ii) The Auctioneers may make a charge for handling and storage of the Lot if it remains at the Lot Site more than ten Working Days after the Sale. Where the Lot which (without the express written consent of the Auctioneers) has not been collected within six calendar months from the day on which it was sold or last offered for sale or such other period as shall have been announced in the special conditions will be deemed to be abandoned. The Auctioneers will then be entitled to dispose of such an abandoned Lot at their unfettered discretion. For the avoidance of doubt, any monies arising from such a disposal will be paid to and retained by the Auctioneers. 22. Applicable Law These Conditions shall be governed by and construed in accordance with the law of England and Wales. All transactions to which these Conditions apply and all connected matters shall also be governed by the law of England and Wales. WHAT IS THIS PRIVACY POLICY FOR? This privacy policy is for this website and served by Heards RPS LLP and governs the privacy of its users who choose to use it. The policy sets out the different areas where user privacy is concerned and outlines the obligations and requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy. THE WEBSITE This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies with all UK national laws and requirements for user privacy. USE OF COOKIES This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer/device. This complies with legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer/device. Cookies are small files saved to the user’s computers’ hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server, to provide the users with a tailored experience within this website. Users are advised that if they wish to deny the use and saving of cookies from this website onto their computers hard drive, they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors. This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers’ hard drive in order to track and monitor your engagement and usage of the website but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [http://www.google.com/privacy.html]. Other cookies may be stored to your computers’ hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected. CONTACT & COMMUNICATION Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk. This website and its owners use any information submitted to provide you with further information about the products/services they offer to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties. EXTERNAL LINKS Although this website only looks to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned. SOCIAL MEDIA PLATFORMS Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively. Users are advised to use social media platforms wisely and communicate/engage upon them with due care and caution in regard to their own privacy and personal details. Neither this website or its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email. This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account. SHORTENED LINKS IN SOCIAL MEDIA This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls (web addresses). This is an example [http://bit.ly/zyVUBo]. Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published, many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.