FLEMING MUCK SPREADER

OSWESTRY MACHINERY SALE

Terms and Conditions

Conditions binding on all Sellers, Bidders and Buyers

These General Conditions of Sale are issued by Oswestry Livestock Auctions LTD (referred to in the Conditions as “the Auctioneers”).

Oswestry Livestock Auctions LTD offers an online bidding service via www.i-bidder.com and www.BidSpotter.co.uk for bidders.

In completing the bidder registration on www.i.bidder.com and and www.BidSpotter.co.uk and providing your debit card details and unless alternative arrangements are agreed with Oswestry Livestock Auctions LTD :

1.               authorise Oswestry Livestock Auctions LTD, if they so wish, to charge the debit card given in part or full payment, including all fees, for items successfully purchased in the auction via www.i.bidder.com or www.BidSpotter.co.uk and

2.                 confirm that you are authorised to provide these credit card details to Oswestry Livestock Auctions LTD through www.i.bidder.com or www.BidSpotter.co.uk and agree that Oswestry Livestock Auctions LTD 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 i.bidder.com or BidSpotter.co.uk live auction service will be subject to a 6% internet surcharge + VAT at the rate imposed on the hammer price

Situation

The Post code for the Sat Nav is SY11 4QA 

ELECTRICAL ITEMS

All portable electrical items must be accompanied with a valid Electrical Safety Test Certificate, as we can no longer accept items without a valid certificate

MISREPRESENTATION ACT 1967

The Auctioneers for themselves and the vendors whose agents they are, give notice that the descriptions in this catalogue although believed to be correct are not guaranteed to age or year. Prospective purchasers must satisfy themselves, by inspection or otherwise as to the details of each lot.

DESCRIPTION

The descriptions are supplied by the Vendors who alone are responsible for details and the Auctioneers will not be answerable in respect of any errors or commissions which may occur in the catalogue. The Auctioneers may make any intimation of any alteration or modification of the catalogue description of any lot immediately before asking for bids. The Auctioneers shall be the sole and exclusive judge of the fact of such intimation and the terms in which it is made. Each lot is sold with all faults, imperfections and errors of description and the Auctioneers are not responsible for the authenticity, attribution, genuiness, origin, authorship, date, age, period, condition or quality of any lot.

FOR FURTHER DESCRIPTIONS OR CLARIFICATION PLEASE CONTACT CHRIS POTTER 07969 898407

WARRANTY

a) Unless a warranty is given in the catalogue or at the time of sale, the lots are sold as they stand with all faults, imperfections and errors of descriptions or otherwise. The purchaser shall be deemed to have inspected the lots he buys.

b) Vehicles and trailers may not be immediately roadworthy or may be of such design as will not, without alterations, comply with the provisions of Road Traffic Acts of Regulations. The purchaser shall undertake to comply with such Acts and Regulations.

c) Implements and machinery may not immediately comply with the provisions of Safety Health and Welfare Acts and Regulations. The purchaser shall undertake to comply with such Acts and Regulations.

d) Vendors must comply with the Trade Descriptions Act 1988 and be capable of substantiating all claims, descriptions, quality, manufacture and composition etc of their lots.

e) Items described as being in working or running order or condition shall have no defect which renders it capable of the reasonable work for which it is intended and must be capable of performing such work.

f) Items described as being in good working or running order or condition shall be mechanically sound and capable of performing the work for which it is intended.

g) No items shall be returnable for any description or warranty other than that affecting its working, running or mechanical condition.

h) Items described as straight from work, recently overhauled etc or similar description shall be deemed a warranty and be capable of performing the work for which it is intended

The following Conditions of Sale must be strictly adhered to along with the Important Sale Information which is displayed to bidders on all auction catalogues. The terms shall regulate the sale of each lot to any Seller, bidder and buyer who has been approved by the Auctioneers and shall be considered to have accepted these terms.

The following conditions are binding on all Sellers, Bidders and Buyers:

• The words “Lot” and “Goods” refer to items sold at auction sales conducted by the Auctioneers.
• “The Buyer” shall mean the maker of the highest bid accepted by the Auctioneers on the close of the timed online auction.
• “Hammer Price” shall mean the highest bid accepted by the Auctioneers excluding any VAT/ Buyer’s Premium that may be included thereon.
•  “Deposit” means the deposit paid by the potential buyer upon Registration or at the request of the Auctioneers of £50 or as when notified by the Auctioneers in the Important Sale Information.
•  “Seller” includes any prospective Seller except where the context otherwise requires.
• “VAT” means Value Added Tax at the current rate of 20% which will be charged on lots.

We may require a deposit of £50.00, or when specified in the Important Information, will be taken prior to registration on i-bidder by the card you use to register. This deposit will be automatically refunded if the buyer does not win any items (This process can take up to 3 business days).

Conditions Regulating the Conduct of the Sale (Bidding)

All lots are ‘sold as seen’ with all faults and errors in description and quantity and may contain cosmetic imperfections, visible damage or may be beyond economical repair. No guarantees are given regarding suitability for purpose. Sale of Goods Act 1979 does not apply.

We can provide condition report as a statement of opinion only and are not to be taken as being or implying representations of fact or part of any contract. We are not going to perform a full functionality test on any lot. Please note that most items are untested retail returns which may or may not be in working order, second hand, unclaimed property or failed deliveries items unless mentioned as Brand New in the Description

Oswestry Livestock Auctions do not guarantee the functionality of any lot.

You (the buyer) shall be deemed to have inspected the lots you bid on. If you bid without inspection you shall do so at your own risk.

The Auctioneers will always strive to accurately describe any lot (s) that is to be sold however neither the Auctioneers nor Seller are to be held accountable for any faults and errors or mis-statement of description.

All descriptions are at the auctioneers discretion and generic images may be used.

Buyers should note that certain goods sold at auction are suitable only for spare parts or as scrap. Buyers should check the safety of any mechanical, electrical or technical items purchased before attempting to use. Electrical faults may not always be apparent at the time of processing a lot therefore under no circumstances are the Auctioneers to be held responsible for any faults, misdescription of condition or errors discovered after the close of sale on timed auction.

The highest accepted bidder, subject to Seller’s Reserve (if any) shall be the Buyer.

The Auctioneers reserve the right on behalf of themselves and of the Seller to set a reserve price, alter lot descriptions, remove items, re-arrange, consolidate or withdraw any lots, or vary the order of the sale prior to the close of sale on timed auctions.

The Auctioneers shall not in any circumstances be obliged to announce any reserve price.

Payment Time frame:

All buyers must pay within 7 days of auction ending. Payments can be made via Bank Transfer, Cash on collection, Debit Card . We will send a payment link via i-bidder email to make a payment of winning lots.

Any buyers who fail to make a payment within time frame or default on payment may be “blacklisted” and barred from any further sales of ours on i-bidder.

We will not be able to release the goods until cleared funds are received as mentioned above.

Viewing:

Between 9am & 5pm on the day before the sale

Collection:

All lots must be collected by 12 noon on Saturday 25^th May, Collection by appointment only please contact 07969898407 or 01691 653547

The buyer is responsible for the cost of removal of winning lots.

Late Collection / Storage Charges:

Please be aware that if goods remain uncollected after the deadline, late collection/storage fees will be applied at the following rates:

From £10 per lot per day

Cancellation:

Bids cannot be cancelled or retracted unless authorized by the Auctioneers.

Insurance & Risk

Goods are at the Seller’s risk until sold and it is for the Seller to make appropriate insurance arrangements until title is handed to the buyer on the close of sale on timed auctions.

All goods purchased are the Buyer’s responsibility from the moment they are sold to the buyer, on the close of sale on timed auction. The Buyer should make his own insurance arrangements with effect from that time.

The Auctioneers will take reasonable care of the goods whilst in their care and in the event of their staff assisting to remove the goods after the sale.

Returns/Refunds policy

All lots are “Sold as Seen”, we do not state if a lot is faulty therefore carry no guarantee. The Sale of Goods Act 1979 and Consumer Rights Act 2015 do not apply. Buyers can view and test the goods before bidding. You can make an appointment and visit our premises in person.

Refunds will only be issued if the lot sold has been misdescribed/ sold incorrectly.

Liability for Accidents

Neither the Seller nor the Auctioneer shall be under any liability pursuant to section 6 of the Health and Safety Act 1974. The purchaser must undertake such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used.

Oswestry Livestock Auctions LTD  will not be held responsible for any loss, damage or injury occasioned or sustained by persons on the premises,  The Auctioneers have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.

COMPLAINTS

a) If the Auctioneer receives a complaint in writing within 5 days of the fall of the hammer the net proceeds of sale shall be held by the Auctioneers and they shall be under no obligation to account to the Vendor until they are satisfied that such dispute has been settled.

 b) No lot shall be subject to the complaints procedure unless paid for on the day of the sale and any such payment subsequently stopped or dishonoured shall not constitute payment.

 c) The Auctioneers shall have the right to appoint a person to act as arbitrator subject to the Arbitration Acts as modified by these conditions of sale. The Arbitrator’s decision shall be final and binding on all parties.

 d) The Auctioneers act solely as agent between the Vendor and Purchaser and in the event of a dispute or refusal to pay or non-payment on the part of the Purchaser, they may, at their discretion, annul and cancel the sale of such lot or lots.

VAT

a) Value Added Tax at the standard rate will be charged on all lots except those announced at the time of sale.

b) In the case of overseas purchasers from EC countries, they will be required to supply the Auctioneers with their VAT/FISCAL number in order that the items may be invoiced at zero rate for VAT purposes. Where the number is not made available or where the purchaser is not VAT registered, VAT at the standard UK rate will be charged in addition to the purchase price on all relevant lots.

c) Overseas purchasers from non EC countries will be required to pay a VAT deposit equivalent to the standard UK rate of VAT, and such amount will refunded to the purchaser if the Auctioneers receive within 1 month of the sale, a bill of landing or certificate of shipment as proof of shipment of the lots overseas, failing which the VAT deposit will be paid over to the vendors as VAT.

LOADING/UNLOADING VEHICLES

A loading vehicle is available free of charge to assist with the loading/unloading of lots and a loading ramp is also available. These facilities are provided entirely at the risk of the Vendor or Purchaser who must be responsible for supervision and the Auctioneers accept no liability whatsoever. Loading will only be undertaken in daylight hours for safety reasons.

EXCLUSION OF LIABILITY:

The Auctioneers shall not be liable for any expenses, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including all lots) whether incurred before, during or after the sale. 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, their Servants or Agents.

Internet Surcharge 6% + VAT for on-line purchases

SAFETY WARNING

 For your own safety and that of others please note, when Collecting purchased items.

1. Only Park Vehicles in the designated area (s) 
2. It is preferable if dogs are not brought to the sale but if so please keep dogs under control at all times 
3. A responsible adult must accompany persons under the age of 18 at all times
4. Do not enter areas that are fenced or taped off 
5. There may be uneven ground, tripping hazards and slippery surfaces around the sale venue. Take care when moving around the site and ensure you wear appropriate footwear 
6. Take care when inspecting sale items. Items may move. Vehicles and machinery may only be operated with the authorization of the auctioneers. No persons under 16 will be permitted on any vehicle or machine 
7. Purchasers and their agents are under a duty of care to all others when removing items from the sale and should use appropriate protective equipment and clothing. All transport and lifting equipment must conform to current Health and Safety Executive and Road Traffic Act requirements 
8. In case of emergency all visitors should assemble in the visitors car parking area