Churchgate Auctions Limited - Conditions of sale
Copyright © 2000 - Churchgate Auctions Limited
- These conditions together with those set out in the Notice to Purchasers appearing in this catalogue are only the terms & conditions subject to which Churchgate Auctions Ltd (“The Auctioneer”) as agents to the vendor will sell goods to a purchaser (“The Bidder”) & all other conditions whether express or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.
- The Auctioneer may at it’s discretion or upon the instructions of the vendor:
- Alter or withdraw all or any lots referred to in the auction catalogue up to the moment at which the hammer falls in relation to such lot(s).
- Where a reserve has been placed on any lot, withdraw that lot in the event that the moment at which the hammer falls in relation to such lot(s).
- Where two or more consecutive lots are similar in quantity & description offer the Second & (if it wishes subsequent such lots (or any of them) to the bidder purchasing first at the same price.
- Each lot will be sold to the highest bidder & in the event of any dispute arising between Bidders such dispute shall be dealt with in such a manner as the Auctioneer may in it’s absolute discretion determine.
- Bidding shall be regulated by the Auctioneer in such a manner as it may think fit & without prejudice to the generality of the foregoing the Auctioneer may without ascribing any reason therefore refuse to accept any bid or may itself bid for the lot in question on behalf of any third party.
- Immediately following the fall of the hammer the bidder will if required to do so by the Auctioneer pay the Auctioneer in cash or whatever form the Auctioneer may agree 25 per cent of the price of each lot which it has purchased & will supply the Auctioneer with whatever information the latter may require concerning the identity & place of abode of the bidder. Deposits paid hereunder shall be held by the Auctioneer as general deposit for all lots purchased by the bidder at the sale.
- The balance of purchase monies due will be paid to the auctioneer on or before the date & or time specified in the Notice to Purchasers.
- All lots will be cleared by the bidder from the premises at which they were sold (subject to the conditions set out in paragraph 6 hereof) not later than the time & date specified in the Notice to Purchasers & this condition shall be of the essence of the contract.
- Should the bidder fail to comply with any of the foregoing requirements the lot or lots which have been knocked down to him or any part thereof may be re-offered for sale, destroyed or otherwise disposed of by the Auctioneer in any manner as it shall in it’s absolute discretion deem fit & any monies paid hereunder by the bidder shall be forfeit.
- Without prejudice to any claims that the Auctioneer &/or the vendor may have against the bidder for breach of contract or otherwise the bidder will become liable from the expiration of the time referred to in paragraph 5 © hereof for all the storage security & administration expenses & the cost of & incidental to re-selling &/or otherwise disposing of un-cleared items.
- The bidder will only remove lots from the vendor’s premises by previous arrangement with & subject to the supervision of the Auctioneer or it’s appointed representative. The Auctioneer requires that any disconnection, of any lot, from the main electricity supply, shall be undertaken by a fully qualified electrician at a point below the junction box.
- The bidder will not be permitted to remove any lots it has purchased from the Vendor’s premises until all sums due in respect thereof have been paid.
- If in the Auctioneer’s opinion removal will be likely to cause serious damage to the vendor’s premises or any other damage which the bidder is either unable or unwilling to rectify the Auctioneer may by notice to the bidder rescind the sale of such a lot (returning the purchase money to the bidder) or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose pursuant to paragraph 7 hereof.
- Should any third party claim possession of or title to all or part of a lot prior to it’s Removal from the vendor’ premises the Auctioneer reserves the right to rescind The sale thereof or to permit the removal thereof from the vendor’s premises subject to such conditions as it may impose.
- The bidder will be responsible for all damage that it’s carriers or it’s agents may Do to the property of any third party land (& in particular to the vendor’s premises) in removing the lot it has purchased. Should the Auctioneer consider such damage likely to occur it may require the bidder to deposit such sum of money with the Auctioneer by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of such lots at the Auctioneer may require. Should the bidder refuse to deposit such monies the Auctioneer may refuse the bidder access to the vendors premises for the purpose of collecting all or any of the lots it has purchased or rescind the sale of such lot pursuant to Clause 6 © above.
- The bidder is on risk once the hammer falls & is strongly advised to effect insurance at once. Upon the fall of the hammer the bidder shall assume all risks in & relating to such lots. The bidder is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of the Auctioneer & or the vendor to deliver lots shall be deemed performed upon the fall Of the hammer (subject to Clause 8 (b) hereof) even if a lot is subsequently Damaged & or part thereof has been lost.
- In the event of total loss & or destruction of a lot or lots prior to delivery, the Auctioneer may treat the contract (in relation only to such lot or lots) as frustrated & return to the bidder any money paid by the bidder in relation thereto in full & final satisfaction of all claims by the bidder in relation to the said lot.
- Property in each lot shall not pass to the bidder until (i) full payment therefore has Been made or (where payment or part payment is made by cheque) until the cheque(s) in question have been cleared & (ii) each lot has been removed from the premises in its entirety.
- The Auctioneer has used its best endeavours to ensure that the descriptions of each Lot appearing in this catalogue are accurate but the bidder relies upon such descriptions at its own risk. The bidder is advised to inspect any lots for which it intends to bid to verify the accuracy of the description contained in the catalogue. The Auctioneer on its own behalf & on behalf of the vendor hereby excludes all liabilities for any loss or damage or injury sustained by the bidder as a result of or in connection with defect in any lot purchased a mis-description thereof comprised in the catalogue the failure thereof to fulfil the functions of which they were intended by the bidder or any damage or loss occasioned thereof prior to the same being removed from the vendors premises but after the passing of risk therein pursuant to Clause 8 (a) hereof. The Auctioneer does not warrant the vendor’s title to any lot & the latter will be sold with such title as the vendor may have.
- The price at which the bidder purchases each lot will be exclusive of VAT. Where the bidder intends any lot to be exported outside the UK a refund of VAT will (subject to whatever regulations made from time to time may be in force) be available upon the production by the bidder of such proof of the impending export as the Auctioneer may require.
- The vendor & the Auctioneer hereby severally exclude liability for any accident or Injury howsoever arising sustained by any person or persons who may come to the auction premises for any purpose whatsoever save where such accident or injury is caused by the negligence of the vendor or Auctioneer. Neither the vendor nor the Auctioneer recommend any other organisation or represent the competence of any other organisation representatives or advertising literature of which is at or about the auction premises by reason of the fact of the vendor or the Auctioneer have allowed such representation or literature to be available or distributed at the Auction Premises.
- The vendor or any agent acting on it’s behalf may bid for any lot or lot’s offered for Sale at the Auction.
- Delivery of lot(s) purchased by a bidder may not be required by him outside normal Business hours & is to be made within reasonable time following payment in full determining what is a reasonable time just allowance shall be made for all relevant contingencies which may arise otherwise than by the negligence of the vendor or the Auctioneer & in particular but without prejudice to the generality of the foregoing for any suspension or failures of material services civil commotion strike or other industrial action or other impediment or normal delivery outside the control of the vendor or the Auctioneer. Neither the vendor nor the Auctioneer shall be required to incur any expense towards overcoming such impediment unless indemnified there from & put in funds to meet such expense by the bidder. The Auctioneer shall not be obliged to take any legal proceedings for the removal any such aforesaid impediment to delivery of lot(s) which might in it’s own judgement exacerbate the matter or be detrimental to it’s own reputation or goodwill.
- The company reserves the right to correct any clerical administrative or Typographic errors made by its employees at any time.
Churchgate Auctions Limited offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Churchgate Auctions Limited you:
- authorise J Churchgate Auctions Limited, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
- confirm that you are authorised to provide these credit card details to Churchgate Auctions Limited through www.the-saleroom.com and agree that Churchgate Auctions Limited are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price
HEALTH & SAFETY AT WORK ETC ACT 1974
It is expressly brought to the bidders attention that at the time of sale any item of plant machinery or equipment contained in the lot(s) may not necessarily comply with Health & Safety at work Etc. Act 1974 or any other Act or Acts Regulations thereunder governing the use of that plant machinery or equipment in a working environment. Successful bidders for any such plant machinery or equipment are hereby required to ensure that the use of any such at a place of work within the United Kingdom does not contravene such relevant Act or regulation thereunder applicable thereto.
TOXIC CHEMICALS & DANGEROUS SUBSTANCES
It is expressly brought to the attention of the bidder (successful or otherwise) that certain types of plant or main service installations could contain blue & white asbestos dangerous chemicals Etc. Which if not handled correctly during the removal from the site could be in breach of the health & safely at work Etc. Act 1974 section 2 9 or any current legislation covering the use of such substances in a work environment.