CONDITIONS OF SALE FOR INTERNET SALES

1.         The highest bidder of each lot, if in due time, shall be the buyer thereof, but subject to the Auctioneer reserving the right of refusing the bidding of any person, without giving any reason for such refusal. Should any dispute arise between two or more approved bidders, or between the Auctioneer and any approved bidder, the lot or lots to be put up again or not, at the discretion of the Auctioneer. The Vendor reserves the right to bid by himself or his agent and withdraw any lot previously to or at the time of sale.

2.         BUYERS PREMIUM. 19% charged on all lots plus V.A.T. on buyers premium.

3.         V.A.T. is chargeable on all lots at 20% over and above hammer / bid price.

4.         The whole shall be sold, with the faults, imperfections and errors of description in the lots or the catalogue; or, as these may be divided or co-joined at the sale, and without any warranty whatever, the Buyers being held to have satisfied themselves as to the condition, quality and description of lots before bidding. No person to advance less then 10p at each bidding up to £5: less than 50p above £5: and so on in proportion. No bidding shall be retracted.

5.         The Buyers shall pay for their lots in full, including VAT and Buyer’s Premium on the day of sale closure by bank-to-bank transfer.  Bank account details: Virgin Money, Linthorpe Road, Middlesbrough, TS1 1RF, Account Name: R Storry t/a Lithgow Sons & Partners No. 2 Auction Client Account, Sort Code: 050611, Account No.: 14474015.

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7.         The lots are to be taken away with all faults, imperfections and errors of description at the Buyer’s expense and risk ON OR BEFORE THE LAST DAY OF SALE, UNLESS ARRANGED OTHERWISE WITH THE AUCTIONEERS and to be at the Buyer’s risk from the fall of the hammer. In cases where one Buyer purchases more than one lot, the whole of the amount of the lots purchased to be paid before any one lot is delivered and no person is to be entitled to anything not described in the lots; neither will any lot be transferred from the Buyer to a Sub-Buyer. No allowance will be made whatever for errors in description or quality, but the lots are to be cleared as shown at the sale.

8.         All lots left after the specified time will be entirely at the Buyer’s risk, and will be liable to any expense that may arise from their not having been cleared in accordance with the above conditions.

9.         The Buyers shall be answerable for all damage, they, their carriers or other agents may do to any lots or to the premises in taking down or removing their respective lots, and to properly repair the same, before their lots are removed from the premises or deposit with the Auctioneer such sum of money as the Auctioneer may determine to cover the cost of making good such damage.

10.       Every person whilst on the premises where the goods are exhibited or sold, before, during, or after the sale shall be deemed to be there at his own risk and with notice of the condition of the premises and that the dismantlement of the plant and machinery will be, is being, or has been carried out and no person shall have or make any claim against the Vendor or the Auctioneer or the owners of the premises where sale takes place in respect of any injury he may sustain or accident which may happen.

11.       The Auctioneers have no legal responsibility in the event of loss or damage by fire, burglary or water and would point out that all lots are at the purchaser’s risk from the fall of the hammer.

12.       In as much as the Auctioneer acts only as agent, he will not be considered personally responsible for any default on the part of either Buyer or Vendor.

13.       Upon failure to comply with the above conditions, any amount deposited shall be forfeited; the lots un-cleared at the time aforesaid may be re-sold either by public sale or by private contract, without any imitation to the defaulter and the deficiency (if any) on such second sale, together with all charges and expenses attending the same, shall be made good by the defaulter or the defaulters at this present sale, and be recoverable as for liquidated damages; but any surplus that may arise therefrom shall belong solely to the Vendor. The Auctioneer or Vendor shall have full right to enforce any contract made at this sale and to sue for the full price of the goods and the foregoing provision as to re-sale shall be entirely without prejudice to such right.

14.       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 or 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 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 profit, business or production or similar or other loss, whether direct or indirect or consequential, however caused. In the circumstances any potential buyer should rely solely and exclusively upon his own inspection of any lot and should not treat statements made in sale particulars, or before or during the auction, by the Seller or Auctioneer, either as representations, or to be relied upon.

NB: A SALE BY AUCTION IS NOT A CONSUMER SALE: SALE OF GOODS ACT 1893 SECTION 55 (7) AND UNFAIR CONTRACT TERMS ACT 1977 SECTION 12 (2)

NO VEHICLE 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. THE AUCTIONEER, HIS SERVANTS AND AGENTS HAVE NO AUTHORITY TO MAKE REPRESENTATIONS.

15.       The Auctioneers to be the sole arbitrator in every matter or dispute.

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SPECIAL CONDITIONS OF SALE RELATING TO INTERNET AUCTIONS

17.       Viewing: Access to the location is allowed on the understanding that viewers attend a location entirely at their own risk and are responsible for and will indemnify the seller and the seller’s agent against any losses, damage or claims occasioned by their presence at the location.

18.       Registration: All bidders must register their details on www.bidspotter.co.uk. It is preferable to register at least 24 hours before the sale is due to finish.

19.       Payment: Terms of payment are bank-to-bank transfer. Our account details are as follows:- Bank: Virgin Money, 7 Linthorpe Road, Middlesbrough, TS1 1RF. Account Name: R Storry t/a Lithgow Sons & Partners No. 2 Auction Client Account. Sort Code: 05-06-11. Account No.: 14474015.

20.       Deposits: Lithgow Sons & Partners reserve the right to request a deposit to be paid.

21.       Intentionally left blank.

22.       Buyer’s premium: Online bidders will pay a premium as stated in the auction catalogue and VAT where applicable. The premium is not negotiable and payable by all buyers. The Auctioneer when acting as agent for the seller may also receive commission from the seller.

23.       Online bidding: The internet is not fool proof and a number of factors such as speed of connection (Broadband or modem), number of users accessing at the same time, telephone line and human error may affect how the sale is viewed. Please be aware that due to the number of people actually bidding immediately prior to the close of the sale, occasional delays may be encountered for the bidspotter system to process bids. Please be aware that to avoid this situation, bidders can place ceiling bids on lots well in advance of the closure of the sale thus preventing any delay. Lithgow Sons & Partners will not be held liable in the event of any dispute due to errors, omissions, disruptions to internet service or power failures which may occur when bidding online.

24.       General Conditions of Sale which apply to all sales and stress that you read and understand bidspotter’s terms and conditions of registration. Lot descriptions will be amended as appropriate as and when information becomes available. It is highly recommended that prospective purchasers read lot descriptions before every bid so that they are fully aware of any amendments and also Conditions of Sale relating to that particular lot, and attend our Public viewing of the lots.

25.       Bidding Process through bidspotter: In completing the bidding registration providing your credit card details you agree to abide by the Auctioneer’s Conditions of Sale, special Terms and Conditions as stated in these particulars, and on the bidspotter.co.uk website, e. some lots in the sale are subject to reserve and if this reserve is not met then these lots will remain unsold. 

26.       Dismantling and removal: Purchasers are reminded that dismantling, loading and removal of lots is their responsibility and at their expense and must be undertaken in accordance with current Health and Safety practice. All lots are at the buyer’s risk from the point of sale and purchasers are therefore advised to have suitable insurance cover in place. Lots may only be collected upon receipt of cleared funds. 

27.       Risk: the bidder is on risk once the offers are accepted and is strongly advised to effect insurance at once.

28.       Invoicing:  Successful bidders will be contacted by Lithgow Sons & Partners by email, including a copy of their invoice, once the sale has FULLY CLOSED, and all lots are sold.

Sale Summary

Title:                                           Metal Machining and Fabrication Equipment. Lithgow Sons & Partners are Instructed by Mr Greg Whitehead of Northpoint Ltd, Liquidator of Evak Ltd, to offer for sale by Online Auction the Assets of Evak Ltd in Liquidation, located at Brentwood Grove, Wallsend, Newcastle upon Tyne, NE28 6PT.

Auction Method:                      Online only, via www.bidspotter.co.uk.

Date and Time:                         Bidding will open on Bidspotter at 12 noon on Tuesday 11^th June 2024.

                                                     Bidding will start to close on Bidspotter at 10am on Tuesday 25^th June 2024

Viewing:                                     Monday 24^th June 2024 from 11am to 3pm.  The viewing will take place at Evak Ltd, Brentwood Grove, Wallsend, Newcastle upon Tyne, NE28 6PT.

Buyer’s Premium:                    Will be charged over and above hammer price on all lots at 19% plus VAT.

VAT:                                           All lots will attract VAT at 20%.

Payment:                                    Deadline for payment is Tuesday 25^th June 2024, by bank-to-bank transfer.  Bank account details are:  Account Name: R Storry T/A Lithgow Sons & Partners number 2 Auction-clients account, Sort Code: 05-06-11, Account Number:  14474015.

Clearance:                                 Pick Up and Walk Out Items:  Small pick up and walk out items are to be cleared on Wednesday 26^th June 2024 between 10am and 4pm.  A small 1.5 Tonne Forklift will be on site on 26^th June for 1 day to assist with loading, free of charge.  

Larger Machinery:  Access will be provided on Thursday 27^th June 2024 between 10am and 4pm and Thursday 4^th July 2024 between 10am and 4pm for purchasers of larger machinery.  Purchasers of large machinery need to be aware that there is no lifting facilities on site.

It is the purchaser's responsibility to disconnect electricity, gas, air, lubricant, and water where applicable, and leave installations safe, with no bare wires, leaking gas / air, or no dripping water.

The purchasers of lots 367, 368, and 369 will need to make an appointment directly with the Auctioneers for access for removal of these lots for health and safety reasons.  These lots cannot be removed while other people are in the building, for health and safety reasons.

Health and Safety:                   All those attending the site are strongly advised to wear high-viz, and safety footwear.  All those attending the site are advised that there are many trip hazards and low head room hazards, and are encouraged to exercise extreme caution. 

The purchasers of lots 367, 368, and 369 will have to make separate access arrangements to collect these lots for health and safety reasons, as these lots are located on a mezzanine floor.