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CONDITIONS OF SALE

1 DESCRIPTION.  No warranty is given or implied by the description in the catalogue.  Each lot is sold in its condition at the time of sale with all faults, defects, imperfections and errors of description (if any).  Whilst every endeavour has been made to describe the items adequately and properly, the purchaser shall deem to have inspected the lot prior to purchase.

2. STATUTORY REQUIREMENTS. Purchasers will be deemed to have satisfied themselves prior to purchasing regarding current legal requirements (e.g. Health & Safety at Work Act) and it is expressly brought to the bidders’ attention that equipment in the sale may not necessarily comply with such regulations.  Any purchaser shall satisfy himself as to any statutory requirement for the use of any item and no liability shall rest with the vendors nor the Auctioneers.

3 VARIATION OF LOTS. Auctioneers reserve the right to withdraw, consolidate or divide any lot or lots or submit them in any order that they deem desirable.

4. BIDDING. Highest bidder to be the purchaser.  The Auctioneers shall regulate the bids and they reserve the right to refuse any bidding and in the case of any lot upon which there may be a reserve bid on behalf of the Vendor.  Where two or more bids at the same level are simultaneously received by the auctioneer, the bid submitted first shall take preference. In the case of dispute, the Auctioneer shall be sole arbitrator in any matters arising during or out of the sale.

5. PAYMENT. All lots shall be paid for upon receipt of invoice and the Auctioneers reserve the right to refuse collection if payment has not been made. To avoid such inconvenience payment should be made by bank transfer. Any alternative form of payment must be arranged with the Auctioneers prior to the Sale. All items purchased through online are subject to a 2% plus VAT administration charge. A Buyers Premium of 0%+VAT will be applied to all lots. After the fall of the hammer (or close of auction online), the lot shall be at the purchaser’s risk. It is expressly stated that the Auctioneers will not be responsible for its safe custody. All money received will be held in Clarke & Simpson Auctions Ltd Clients Account at Barclays Bank plc, Martlesham Heath, Ipswich, Suffolk. Account Number 83428591. Sort Code 20-98-07. 

6. DEFAULT. If the purchaser defaults with his payment the Auctioneer shall be at liberty to recover by process of law, against the purchaser the cost of any lot or lots bought by him or, without reference to the purchaser, dispose of such lots as the Auctioneer sees fit.  If there is a surplus on resale the Auctioneer shall have the right to appropriate the same, or if a deficiency, to recover from the purchaser such deficiency.

7. INDEMNITIES AND PENALTIES. Purchasers shall pay for any damage done by themselves or their agents during the removal of their lots.  Attendance at the viewing days and during collection shall be at the risk of those attending to both themselves and to their goods and vehicles.

8. ELECTRICAL SAFETY REGULATIONS. All electrical lots are subject to electrical safety regulations and fall within “the low voltage electrical equipment (safety) regulations 1989” and therefore may only be purchased by a trader who is in the business of repairing or reconditioning such items to comply with these regulations.

IMPORTANT NOTES

 1. The sale takes place upon the instructions of A W Mortier (Farms) Ltd.

2. The items are located at Cedar Farm, Alderton, Woodbridge, Suffolk IP12 3BB and the sale will run from 9am 9^th October 2024 and close from 9am 15^th October 2024.

3. VAT is payable on the hammer price of all lots. Export: In the context of this sale, this also includes buyers from Northern Ireland. Following the UK’s withdrawal from the EU, a deposit equivalent to UK VAT rate (20%) will be charged on all lots purchased by buyers outside the UK, regardless of whether the buyer has purchased from Clarke & Simpson before. This will be refunded upon confirmation of export and full traceability provided by the purchaser, no later than 10 working days from the date of the auction. After this point it will not be possible to refund and the purchaser will forfeit this payment. The preparation for machinery for export, including cleaning, obtaining phyto-sanitary certificates and export paperwork, will be entirely at the buyer’s cost. This work will not be carried out by Clarke & Simpson. It must be carried out by an appropriate shipping agent. We recommend James P Dixon Ltd, and may involve them removing machinery to their site. Please contact them directly for a quotation on 01359 258034.

4. REMOVAL OF LOTS. All lots must be removed by 26^th October at latest, any lots left after this date may be sold to cover costs.  Attention is drawn to purchaser’s responsibility after the sale as stated in the Conditions of Sale.

5. VIEWING. 9am - 4pm on Thursday 10^th, Friday 11^th and Saturday 12^th October 2024.

6. LOADING. Forklifts will be available 17^th, 18^th, 21^st and 22^nd October 2024 only. Receipted invoices must be provided prior to loading. Any lots too large to be loaded by the forklifts will be the responsibility of the purchaser.

7. PAYMENT.  Particular attention is drawn to the conditions of sale concerning payment. If purchasers wish to pay by cheque and are not well known to the Auctioneers, then no lot will be removed from the sale site until the cheque has cleared unless a suitable bank reference addressed to the Auctioneers is supplied. Cash is no longer accepted. Preferred payment method is BACS. PLEASE NOTE THAT THIS POLICY WILL BE RIGIDLY ENFORCED AND SUITABLE ARRANGEMENTS MUST BE MADE.

8. HOURS AND MILEAGE where mentioned are at times of cataloguing. Registration documents (where available) will be supplied after clearance of payment.

9. EXCLUSION OF LIABILITY. The Auctioneers shall not be liable for any expense, loss, claim or proceedings in respect of personal injury to or death of any person 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.

10.  PHOTOGRAPHS.  The main photographs included within the catalogue were all taken in September and October 2024. Working photographs pre-date this.