1995 New Holland 575 conventional baler

1. Definitions

 In these Terms & Conditions the following terms have the following meanings unless inconsistent with the context.

 ‘Auctioneers’ means Fisher German LLP, OC317554. Registered office: The Head Office, Ivanhoe Office Park, Ivanhoe Park Way, Ashby de la Zouch, LE65 2AB;

 ‘Bidder’ means a person or company that participates by placing bids on Lots being sold;

 ‘Buyer’ means a person or company who purchases any Lot;

 ‘Buyer’s Premium’ means the premium charged to the Buyer on purchase of Lots, if applicable;

 ‘Conditions’ means the standard Terms & Conditions of Sale set out here;

 ‘Hammer Price’ means the price at which a Lot is knocked down by the Auctioneer to the Buyer;

 ‘Lots’ means all or any machinery and other items sold or intended to be sold in accordance with these Conditions;

 ‘Sale’ means a sale of Lots by auction from time to time organized by the Auctioneers;

 ‘Sale Ground’ means the venue at which the Sale takes place;

 ‘Sale Price’ means the final price at which a Lot is sold to the highest bidder; and

 ‘Seller’ means a person, firm or company who puts forward any Lot intended to be sold at the Sale.

2. The Auction

Variation of Lots The Auctioneers reserve the right to withdraw, consolidate or divide any Lot or Lots or submit them in any order that they deem desirable. The Auctioneers will use every endeavour to ensure that all Lots listed in the catalogue are presented for Sale but cannot accept any responsibility for the Lots not being presented. Nor can they entertain any claim for expenses incurred in abortive attendance at the Sale.

All Lots are tendered for Sale subject to these Conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer. The Auctioneer will be entitled to bid on the Seller’s behalf.

Descriptions Catalogues are for information only and do not form part of the contract. 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 Buyer shall deem to have inspected the Lot at time of purchase. The Buyer should rely solely and exclusively upon his own inspection of any Lot and should not treat statements made in this auction catalogue or before or during the auction by the Seller or Auctioneer either as representations or to be relied upon. The  Auctioneer,  his  servants  and  agents  have  no authority to make representations.

No machine is warranted or held out to be roadworthy and no Lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or  movement. 

Bids All Bidders accept full liability for all bids submitted. The highest Bidder at the close of bidding shall be the Buyer.

By making a bid for any Lot, the person making the bid warrants that he has read, makes his bid upon and agrees to be bound by these Conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting therefrom. Any bid shall be deemed to be an offer by the Buyer to purchase any lot tendered upon these Conditions alone.

A 5% internet surcharge will be chargeable on the value of the hammer price of any lot bought online through Fisher German or their third party auction website.

Requirements for Bidders and Buyers under Money Laundering Regulations (MLRs) In order to meet the obligations of the MLRs, we are required to carry out customer due diligence. This includes the identification of the Buyer, the Bidder (if different from the Buyer)and any representatives. Photographic ID and confirmation of address must be provided.

Agency and Commissions The Auctioneers act as agents only and are not responsible for default by either the Seller or the Buyer. They will execute commissions received in writing up to one hour before the sale only on condition that Lots have been viewed by the intending Buyer. They will accept no responsibility relating to the commissioning of their staff other than the Commissions Clerk to bid on behalf of the intending Buyer.

Payment The buyer must identify himself and any principal or employer, together with appropriate means of identification to the Auctioneer, his servants or agents. The total sale price less any such sum must be paid to the Auctioneer at his office or elsewhere as he may direct.

All Lots must be paid for in full on the Auction Day. Strictly cash, debit/credit cards, CHAPS transfer, BACS transfer or banker’s draft. Cheques are only accepted by prior arrangement with the Auctioneers and are accompanied by a letter from the Buyer’s bank stating the amount up to which the cheque will be honoured. Time of payment shall be of the essence.

The Buyer shall not be entitled to remove any Lot from its position at the time of sale until the purchase price of that and any other Lot purchased at the auction has been paid in full and in default of payment as aforesaid the Auctioneer shall have a lien upon all Lots purchased by the Buyer during the same auction and shall be entitled to rescind the sale in respect of any Lot or Lots for which full payment is not made in due time, forfeit any deposit paid in respect of them and resell the same without any right of compensation to the Buyer. The Auctioneer shall also be entitled to charge interest upon any unpaid balance at the rate of 1 per cent above base rate from time to time and to charge for storage arising after the time for removal at the rate of 25 per cent per annum of the sale price until he elects to rescind the sale, if at all, which election he may make at any time after such non-payment.

No Lots will be allowed off the Sale Ground unless accompanied by a receipted invoice and/or with approval of the Auctioneer.

VAT (where applicable) will be payable in addition to the purchase price at the standard rate applicable on the day of the auction.

Title The title to any Lot shall remain with the Seller until the full sale price and any storage and interest charges have been paid to the Auctioneer, but the risk of damage to or loss of the Lot by whatsoever cause and in whatsoever circumstances shall be transferred to the Buyer upon the sale.

If a Buyer is permitted to take possession of any Lot before the full sale price has been paid, the Seller and/or Auctioneer shall be entitled to enter upon any premises of the Buyer or under his control in order to repossess such Lot.

If before title passes to the Buyer under these Conditions, the Buyer nevertheless purports to resell or otherwise dispose of the Lot or any interest therein, the Buyer shall hold the proceeds of such sale or other disposition upon trust for the Auctioneer and the Seller jointly until title passes to the Buyer under these conditions, if at all, and in the meantime the Buyer shall not deal with, charge or dispose of such proceeds except with the written consent of the Seller or of the Auctioneer.

If before title to any Lot has passed to the Buyer thereof, the Buyer, being an individual dies, enters into a composition or arrangement for the benefit of his creditors or has a Receiving Order in Bankruptcy made against him or, being a body corporate, has a Receiver or a Receiver and Manager appointed or goes into liquidation or enters into a composition or arrangement for the benefit of its creditors, then the contract for sale of such Lot shall be automatically and without notice rescinded unless the Auctioneer elects otherwise within 2 working days of written notice of such an event. Upon rescission, any deposit paid by the Buyer shall be forfeit and the Auctioneer shall be entitled to exercise the rights set out in these Conditions.

The Auctioneer warrants that he will only sell Lots which he believes to be owned by the Seller or to which the Seller will be able to pass a good title but should it transpire that the Seller’s title to any Lot is defective or that the Seller cannot pass a good title to the Buyer, the Auctioneer shall be under no obligation to the Buyer, other than to use his best reasonable endeavours (short of litigation) to procure the transfer of a good title to the Buyer and to assist the Buyer in exercising any remedies that he may have against the Seller.

The Auctioneer All auctions are conducted at the absolute discretion of the Auctioneer. The Auctioneer shall conduct the auction with reasonable skill and care. The Seller reserves the right to sell subject to reserve price in respect of all Lots. What constitutes a bid shall be at the absolute discretion of the Auctioneer. The Auctioneer shall have the right to refuse any bid in all cases. Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his absolute discretion shall determine which bid to prefer.

The Auctioneer has the right at his absolute discretion to refuse admission to his premises or attendance at (or participation in) any auction by any person. In the case of any dispute, the Auctioneer shall be sole arbitrator in any matters arising during or out of the sale. 

The Auctioneer tenders any Lots for sale as agent for and on behalf of the person from or through whom instructions for sale have been received (the Seller) and not on the Auctioneer’s own behalf. The sale of any Lot shall be concluded and binding at the moment when the Lot is knocked down and at which time a contract of sale is concluded and the Buyer is responsible for the Lot. The highest bid will be accepted save in exceptional circumstances, such circumstances to be determined by the Auctioneer whose decision shall be unchallengeable.

Clearance The Buyer shall remove any Lot for which he has paid in full plus other charges, if any, by the time for removal, which shall be either the time for payment or the time stated in any sale notes of the Auctioneer, whichever shall be the later, but provided that no Lot shall be removed without the Auctioneer’s express written consent while the auction is continuing. The Buyer shall be responsible for the removal of the articles and such removal must be carried out safely and lawfully. The Buyer agrees to insure against and to indemnify the Auctioneer and the Seller against any and all claims arising in respect of injury or damage to person or property whether real or personal caused by or in connection with the acts or omissions of the Buyer whether caused by himself, his servants or agents or his principals or employer. Buyers must insure against these risks.

All Lots must be removed by the date specified in the General Remarks. The Auctioneers shall not be responsible for any loss or damage of any kind whether caused by negligence or otherwise while any Lots are in their custody. If at the expiration of seven days after the date of the sale a Lot is not paid for in full and taken away the sale may be rescinded without any notice being given to the Buyer.

3. Health & Safety

The Health & Safety at Work etc Act 1974; Agriculture (Field Machinery) Regulations 1962; Tractor Cabs Regulations 1974, and all other applicable to Farm Safety: Buyers are reminded of the regulations regarding the safeguarding of implements and machinery, and some items sold at this sale may not immediately comply. Accordingly, it is a condition of the sale that the Buyer shall undertake to comply with the Acts and Regulations relating to such machines and implements he or she purchases. It is a condition of sale relating to such machines and implements that the Buyer shall satisfy themselves as to any statutory requirements for the use of any item and no liability shall rest with the Seller nor the Auctioneers.

Any person entering the Sale Ground does so at their own risk and must comply with the requirements of all health and safety notices and guidelines. All persons entering the Sale Ground are hereby given notice that there are significant risks to include unloading of machinery, running machinery, movement of machinery, equipment and transport. Caution should be exercised and children must be fully supervised at all times. The Auctioneers reserve the right to refuse admission to any person or entry of any Lot(s) into the  Sale Ground without giving reason.

Permission from the Auctioneers or Seller or storage facility manager, depending where the Lots are located, is required ahead of starting, moving or loading any Lots.

4. Applicable Law: These Conditions shall be governed and construed in accordance with English law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law.

5. Complaints: 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.

6. Third Party Rights: A person who is not a party to a contractual relationship 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.

7. Entire Agreement: These Conditions and any additional notices issued by the Auctioneer form the entire agreement between the parties.  It is agreed that no party has entered into any contract pursuant to these Conditions in reliance on any representation, warranty or undertaking not expressly referred to in these documents (save in respect of liability for fraudulent misrepresentation).

8. Indemnities and Liability: Buyers shall pay for any damage done by themselves or their agents during the removal of their Lots. Attendance at the sale shall be at the risk of those attending in respect of both themselves and to their goods and vehicles. Any indemnity under these conditions will extend to all actions, costs, expenses, claims and demand whatsoever suffered or incurred by the person entitled to the benefit of it and the Auctioneers declare themselves to be a trustee of the benefit of such indemnity so far as it is expressed to be the benefit of its employees and agents.

All conditions and warranties as to the condition, quality, description or fitness for any purpose whatsoever of any Lot sold by the Auctioneer are hereby expressly excluded. Neither the Auctioneer nor the Seller will be bound by or liable for any representation of any kind whatsoever, whensoever or howsoever made. Neither the Auctioneer nor the Seller shall be liable for any loss or damage whether caused by negligence or otherwise of either or of both of their servants or agents and without prejudice to the generality of the foregoing neither the Auctioneer nor the Seller shall be liable for any loss of profits, business or production or similar or other loss whether direct or indirect or consequential, however caused.

Nothing in these Conditions shall limit or exclude the Auctioneer’s liability for: death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by applicable law.

The Auctioneer shall not under any circumstances whatsoever be liable whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise for any: loss of profit; loss of goodwill; loss of business; loss of business opportunity; loss of anticipated saving; or special, indirect or consequential damage, suffered by any other party that arises under or in connection with these Conditions.

The Auctioneer’s 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 sale price.