Insulated Vessel, approx. 1.65m dia. x 4.9m deep, with lid on floor (friction washer) – please

GENERAL CONDITIONS OF SALE

1. Interpretation

1.1.   In these General Conditions the following words and expressions shall have the meanings set opposite:

“Auction”                          any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to these General Conditions and the Special Conditions;

“Auctioneer”                       the person conducting the Auction or to whom the conduct of the Auction is delegated under General  Condition 4.10 below;

“Bidder”                            any person who offers to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender and “Bids” and “Bidding” shall be construed accordingly;

“Buyer”                             any person who agrees to purchase any Lot whether at Auction or by private treaty or tender and as determined under General condition 4.13 below;

"Buyer's Premium"          a commission payable by the Buyer on the completion of a Sale the amount of which is set out in the Special Conditions; The Auctioneer, when acting as agent for the Seller, may also receive commission from the Seller.

“Catalogue”                      the catalogue incorporating these General Conditions and the Special Conditions;

"Clearance Date and Time"             the scheduled date and time on which all Lots must be removed by the Buyer from the Location as specified in the Special Conditions;

“The Company”               Sanderson Weatherall LLP (company number OC 344 770) whose registered office is at 6^th Floor, Central                                               Square, 29 Wellington Street, Leeds LS1 4DL;

“Conditions of Sale”       the General Conditions together with the Special Conditions and if used, the Catalogue;

“Consumer”                    an individual Buyer who purchases any Lot wholly or mainly for their personal use (not for use in connection with their trade, business, craft or possession)

“Data Protection Law”   all applicable laws and regulations, in each case pertaining to the security, confidentiality, protection or privacy of Personal Data, as amended or re-enacted from time to time, including (and to the extent applicable) the GDPR,                the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (EU Exit) Regulations 2019 (if applicable) and/ or any similar Legislation applicable to i) the Location of a Lot or ii) the Location of the Buyer’s business activities;

“Delivery”                        has the meaning ascribed to it in paragraph 6 of the section headed “Dismantling and Clearance of the Special  Conditions of Sale and “Deliver” shall be construed accordingly;

"Deposit"                         the sum payable by the Buyer to the Company as set out in the Special Conditions;

“GDPR”                            European General Data Protection Regulation, name Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the process of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

“General Conditions”     these General Conditions;

“Legislation”                   all laws, statutes, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority (whether Parliamentary, statutory, parochial, regional or local) as amended or re-enacted from time to time;

“Loading”                        means the lifting and/or placing of each Lot on to the Buyer's transport (and "Load" or "Loaded" has a corresponding meaning);

"Live Auction"                any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the Catalogue;

“Location”                      the premises at which the Lots are located, details of which are set out in the Special Conditions;

“Lot”                                any Lot described in the Catalogue, on the Website or on the Company’s invoice, as applicable;

"Online Auction"            any auction conducted over the internet via the Website pursuant to these General Conditions and the Special Conditions;

“Personal Data”             has the meaning ascribed to it under the GDPR;

"Sale"                              the sale of any Lot by Auction, private treaty or tender and as determined under General Condition 4.12 below;

“Seller”                           the person upon whose instructions the Company is conducting the Sale, details of whom are set out in the Special Conditions;

“Special Conditions”     the Special Terms and Conditions of Sale attached to these General Conditions and any additions to these General Conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Company;

"Websites"                      the websites at: www.bidspotter.co.uk; www.ibidder.com; www.sw.co.uk; and www.sw.atgportals.net;

"VAT"                               value added tax chargeable under English Law for the time being and/or any similar additional tax in an   applicable jurisdiction

2. Application of these General Conditions

2.1.   These General Conditions apply to the Sale of assets (including but not limited to plant, machinery, vehicles, chattels and trade stocks) conducted by the Company.

2.2.   These General Conditions, the Special Conditions and any terms set out in the Catalogue shall together comprise the "Conditions of Sale".

2.3.   To the extent that these General Conditions are inconsistent with any Special Conditions, the Special Conditions shall prevail.

2.4.   Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.

2.5.   Unless there is a provision to the contrary in this document, the Conditions of Sale shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-

2.5.1     Scotland in which case the laws of Scotland shall apply; or

2.5.2     Northern Ireland in which case the laws of Northern Ireland shall apply.

2.6.   A reference to writing or written shall include e-mail.

2.7.   Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions. 

3. Identity of the Parties

3.1.   The Company offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.

3.2.   The Auctioneer offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.

3.3.   The identity of the Seller is set out in the Special Conditions.

3.4.   Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.

3.5.   Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and the Company for all obligations and liabilities of his principal jointly and severally with the principal.  The Bidder warrants that he has the authority of his principal to make each Bid made.

3.6.   Every Bidder is required to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the Company before making any Bid and in the case of:

3.6.1    a Live Auction by the completion of a registration form;

3.6.2     an Online Auction by online registration at the Website; and

3.6.3     a private treaty or tender by prior registration or notification of details, as and when requested by the Company.

3.7     The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.

3.8     On registration for an Online Auction Bidders will be added to the Company's mailing list for the purposes of notification of future sales by email.  If a Bidder wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email.

3.9     On registration in accordance with General Condition 3.6 the Bidder acknowledges that only adults aged 18 years and over are entitled to enter into a legally binding contract and as a result they are the only people entitled to register for the Auction.  By registering the Bidder warrants that he is aged 18 years or older and is capable of forming a legally binding contract.

 4. Conduct of Auctions

4.1     Physical Inspection of Lots

4.1.1   The Buyer will be provided with the opportunity to attend all Auctions (including Live Auctions and Online Auctions) in person with a view to inspecting the Lot.

4.1.1.1 Where the Auction is a Live Auction, the Buyer will be given the opportunity to inspect the Lot immediately prior to the opening of Bids in respect of the relevant Lot; and

4.1.1.2 Where the Auction is an Online Auction, the Seller will inform the Buyer of the date, time and venue of the physical inspection of the relevant Lot.

4.2     Any Lot may be subject to a minimum bid or reserve price.  The Seller is entitled to change these at any time before the conclusion of the Sale.

4.3     The Seller, Auctioneer or any representative, agent or person acting on behalf of the Seller may Bid for any Lot.  Persons entitled to Bid pursuant to this condition 4.2 shall be entitled to place Bids on any Lot up to the reserve price including by placing Bids in response to other Bidders.

4.4     Lot descriptions will be amended as appropriate as and when information becomes available to the Company.  Prospective Bidders must read Lot descriptions before making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on the Website or in the Catalogue in relation to a particular Lot.

4.5     The Auctioneer may at any time before the conclusion of the Sale withdraw or divide any Lot or combine any Lots.

4.6     The Company may sell any Lot by private treaty or tender before or after the Auction.  The Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.

4.7     No Bid shall be retracted without the consent of the Auctioneer.

4.8     The Auctioneer may where there is a dispute between Bidders, summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.

4.9     The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.

4.10   The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent with the conduct of the Auction in accordance with these General Conditions.

4.11   The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.

4.12   A Sale is concluded (constituting acceptance of the Bidder's offer, subject to General Condition 4.12 below) when (a) the Seller has (in its opinion) satisfactorily completed compliance checks on the Bidder and (b) one of the following has arisen (as applicable):

4.12.1    in the case of a Live Auction, on the fall of the Auctioneer's hammer; and/or,

4.12.2    in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on the Website and as defined by General Condition 4.18.3 below or;

4.12.3    in the case of a private treaty or tender, the Bidders Bid is accepted by the Seller or by the Company on behalf of the Seller, such acceptance to be communicated to the Bidder in writing.

4.13   The Buyer shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.12 above subject to approval and acceptance by the Company, the Auctioneers and the Seller or such other Bidder as the Auctioneer and/ or the Company may declare to be the Buyer without being required to give a reason.  The Auctioneer and/ or the Company and/ or the Seller is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.

4.14   In the case of an Online Auction the Buyer, as determined under General Condition 4.13 above, shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect of the monies due for the Lot(s) purchased.

4.15   In the event that the reserve price is not met, the Company may consider the Bids received below the reserve price with the Seller who at its sole discretion may accept, reject or place a counteroffer. 

4.16   On conclusion of the Sale and acceptance of the Bidders Bid pursuant to General Conditions 4.12 and 4.13 above, the Buyer acknowledges and agrees that he has entered into a contract with the Seller to buy the Lot and the Buyer must complete the transaction to purchase the Lot.

4.17   The Buyer may not remove any Lot he has bought until after the end of the Auction.

4.18   In relation to an Online Auction:                

4.18.1    the Company cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online.  The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction;

4.18.2    the Auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition 4.18.3 below);

4.18.3    the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes.  This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction.  Every time a Bid is placed within ten minutes or less left in the Online Auction an additional ten minutes Bidding time is added until there are no more Bids.  Such time shall then be deemed to be the close of the timed Online Auction.

4.19   In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer and/or Company or the Seller.

4.20   Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the Company’s and/or the Auctioneer’s principal place of business.

5. Sale and Payment

5.1     The Buyer shall pay the following sums to the Company in full and without set off:-

5.1.1      immediately upon the Sale of any Lot the Deposit, if requested by the Company; and

5.1.2      the balance of the price of the Lot purchased, together with the Buyer’s Premium, on presentation of a VAT invoice bv the Company which shall be payable in advance of Delivery; and

5.1.3      any other payment or amount due to the Seller and/or the Company pursuant to these General Conditions or the Special Conditions on demand.

5.2     In every case time for payment shall be of the essence.

5.3     All amounts payable under these Conditions of Sale shall be paid in cleared funds by electronic bank transfer to the Company’s client account, the details of which are set out in the Special Conditions of Sale.

5.4     If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Seller, the Buyer shall pay to the Company interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% above the bank base rate of Barclays Bank Plc per month or any part thereof until payment in full is made.

5.5     Until the Buyer has fully complied with its obligations in this General Condition 5:-

5.5.1      title to any Lot bought shall not pass to the Buyer;

5.5.2      the Seller shall have a lien over any Lot bought by the Buyer in the Auction;

5.5.3      if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Seller.

5.6     All sums payable under these General Conditions and the Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company.  On written request by the Buyer the Company will provide a VAT invoice.

5.7     The Company will only accept payment under this General Condition 5 from the Buyer or its authorised agents.

6. Removal of Lots

6.1     Buyers are responsible for any and all costs and expenses incurred in relation to the removal of Lots (except for the costs of dismantling) and any other applicable charges, taxes and insurance costs including but not limited to:

6.1.1      costs and expenses associated with clean-up, repair of damage and/ or personal injury or death caused by or associated with the removal of Lots; and

6.1.2      any applicable import or export tariffs.

6.2     The Seller will not Deliver any Lot until the Buyer has:-

6.2.1      paid by cleared funds all amounts payable pursuant to General Condition 5 above in full; and

6.2.2      if requested by the Company produced satisfactory evidence to the Company that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition 8 below and/or deposited with the Company, by way of security for the costs of making good any damage likely to occur, such sum as the Company may stipulate.

6.3     The Seller and the Company will only permit the removal of Lots purchased by the Buyer or its authorised agents.

6.4     The Buyer must remove each Lot purchased by the Clearance Date and Time for which time shall be of the essence.  Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions.  No clearance on Bank or Public Holidays.  In the absence of co-operation the Seller and the Company and/or the Auctioneer reserves the right to insist on the order of the removal of Lots or parts thereof.

6.5     The Buyer will co-operate regarding the order of removal of Lots in order to comply with the Clearance Date and Time.  In the event the Buyer does not comply with its obligations under this General Condition 6.5, then the Seller and the Company reserves the right to arrange for the removal and/or storage of the Lot and charge any attendant costs to the Buyer.

6.6     Not used.

 6.7     Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to the Buyer and use is subject to any licence or copyright restrictions and user conditions.  The Seller, Company and/or Auctioneers reserve the right to erase any private or sensitive information prior to the Sale or at any later date.

6.14  Unless otherwise agreed, all Lots are sold on the understanding that the Seller does not represent that the Lot is in a condition which makes that Lot suitable for domestic use.

6.15  It is the Buyer’s or their removal contractor’s responsibility to transport off site long/ wide loads, within sufficient time prior to the commencement of clearance period as stated in the Special Conditions.

6.16  The Seller shall not be obliged to Deliver any Lot to the Buyer:

6.7.1      until it has received payment in full for the relevant Lot; or

6.7.2      if in its reasonable opinion, it is unsafe to undertake Loading for any reason including but not limited to adverse weather or ground conditions, the unsafe nature of the Buyer’s transport or any packaging applied by the Buyer, or the Buyer’s employees, agents or contractors present on site at the Facility posing an unacceptable risk to health and safety.

7.       Removal of Lots – Statutory Compliance

Not used.

8.       Insurance and Indemnity

8.1     The Buyer shall indemnify the Company and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the Buyer’s removal of the Lot from the Location.

8.2     The Buyer shall maintain adequate insurance at all times and shall provide written evidence as and when requested by the Company of the Buyer’s insurance policies in respect of the following insurances and at a minimum level of:

8.2.1      Public Liability Cover – limit Two Million Pounds (£2,000,000); and

8.2.2      Employers Liability Cover – limit Ten Million Pounds (£10,000,000)

8.3     The Seller and the Company reserve the right to vary the level of insurance cover stated above at any time, as and when required.

9.       Liability

9.1     Nothing in the Conditions of Sale will limit or exclude liability for:

9.1.1      Death or personal injury caused by negligence, or the negligence of a party’s employees, agents or subcontractors;

9.1.2      Fraud or fraudulent misrepresentation; or

9.1.3      Any other liability which cannot be limited or excluded by applicable law.

9.2     Neither the Company nor the Seller will be liable to the Buyer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Conditions of Sale for:

9.2.1      Loss of profits;

9.2.2      Loss of sales or business;

9.2.3      Loss of agreements or contracts;

9.2.4      Loss of anticipated savings;

9.2.5      Loss of use or corruption of software, data or information;

9.2.6      Loss of or damage to goodwill; or

9.2.7      Any indirect or consequential loss.

9.3     Subject to General Condition 9.1, the Company’s total liability to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Conditions of Sale will be limited to the Buyer’s Premium paid to the Company.

9.4    Subject to General Condition 9.1:

9.4.1 the Seller’s total liability to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Conditions of Sale in relation to the sale of an individual Lot will be limited to the price paid for that Lot; and

9.4.2 the Seller’s total liability to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Conditions of Sale in relation to the sale of all Lots will be limited to the aggregate price paid for all the Lots.

9.5     Where applicable, the terms implied by sections 13, 14 and 15 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Conditions of Sale.

10.    Data Protection

Where the Buyer processes, receives or obtains any Personal Data in relation to the activity contemplated by the Conditions of Sale, the Buyer undertakes to comply with:

10.1   the provisions of all applicable Legislation pertaining to the security, confidentiality, processing, protection or privacy of Personal Data, including the Data Protection Law; and

10.2   any data-related policies placed on the Company’s website or provided by the Company from time to time.

11. Default by the Buyer

11.1   If at any time the Buyer has failed to pay the sums specified in General Condition 5 above in full by the due date for payment, or to remove any Lot purchased by the Clearance Date and Time specified in the Special Conditions the Seller may rescind the Sale of that Lot, in which case any Deposit shall be forfeit, and that Lot may be resold. 

11.2   Not used.

11.3   If the Seller has rescinded the Sale and the Lot has been resold by the Auctioneer and/or the Company or by the Seller, the Buyer shall reimburse the Seller with any shortfall where: -

11.3.1the resale price less the Sale price; and

11.3.2  the costs incurred by the Seller incidental to the resale.

11.4   If the Buyer fails to remove any Lot by the Clearance Date and Time specified: -

11.4.1  the Seller may remove the Lot from the Location and leave it outside or place it in storage at a place of the Seller’s choosing, in each case at the Buyer’s risk in all respects;

11.4.2  the Seller may charge the Buyer for the reasonable costs of storage;

11.4.3  the Seller may charge the Buyer rent, taxes, men's wages and expenses incurred as a result of the Lot(s) remaining at the Location; and

11.4.4  the Buyer shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the Lot from the Location.

12. Acknowledgements and Exclusion of Warranties

12.1    The Buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the Seller or the Company or any of their employee’s agents or representatives. Except for any warranties expressly set out in these Conditions of Sale, all representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the Lots are expressly excluded and without limitation any warranties and conditions as to title, quiet possession, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.

12.2    The Buyer further acknowledges that neither the Seller nor the Company shall in any circumstances be liable to or to compensate the Buyer nor shall the Buyer be entitled to rescind the Sale or reject any Lot for an error omission or misstatement contained in the Catalogue and/or in the Special Conditions.

12.3    The Buyer also acknowledges that: -

12.3.1    anything found in, under, near or in any Lot which is not specifically included in the description of the Lot remains the property of the Seller;

12.3.2    any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or the Company may be unable to effect transfer.  The Buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Buyers sole risk.

12.4    The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road.  It is the Buyer’s responsibility to remove Company logos and lettering from vehicles.  Odometer readings are not warranted.

12.5    The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment.  Neither the Seller nor the Company shall incur any liability to the Buyer because of any default or defect in all or any of the Lots.  Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

12.6    The Buyer acknowledges and agrees that the Company is acting only as agent of the Seller and it is expressly agreed and declared that no personal liability in connection with the Sale of any Lot or otherwise shall fall on the Company and the Buyer shall indemnify the Company against all and any liabilities arising under or in connection with the Sale of any Lot.  Insolvency Practitioner(s), including Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the Seller without personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to any document relating thereto.

12.7    The Buyer acknowledges and agrees that the Auctioneer does not represent any lot as being in a condition which makes it suitable for domestic use.

12.8    The Buyer acknowledges and agrees that the Auctioneer does not have nor professes to have any expert or other knowledge of any Lots sold.

12.9    The Buyer acknowledges and agrees that the Auctioneer is hereby excluded from any liability the Auctioneer might otherwise incur.

12.10   The Buyer acknowledges and agrees that no liability shall attach to the Auctioneer either in contract or in tort for loss of injury or damage legal or otherwise sustained by the Seller, any bidder, the Buyer or any other person by reason of any defect in any Lot sold, latent or otherwise, or any defect or danger of the premises where the Auction is held.

12.11   The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-

12.11.1    the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of the Lots any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and the fact that the Buyer would have no remedy under this Agreement should that happen;

12.11.2    the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be recognised as being fully effective by the Courts and the Seller making it clear that it would not have agreed to sell any Lot on any other basis except for a higher consideration;

12.11.3    the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.

12.12   Notwithstanding anything else in these General Conditions, the Seller’s and the Company’s total liability under or in connection with the Sale of any Lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise, including consequential loss, shall be limited in aggregate to the price paid for the Lot or if no price has been paid then the higher of the market value or reserve price for the Lot.  This General Condition 12.12 does not apply to liability for death or personal injury.

13.      Consumer Protection – this applies only where the Buyer is a Consumer

13.1    The Buyer acknowledges that a Sale by Auction of second-hand goods is not a consumer sale for the purposes of Part 1 of the Consumer Rights Act 2015, except as set out in Section 2 of the Act and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other Legislation.

13.2    The Buyer acknowledges that there are no cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (the “Consumer Contracts Regulations”) in respect of goods sold at a Sale by Auction where the individual is provided with an opportunity to attend and inspect the goods in person as set out in clause 14.1.

 13.3    Should it be the case that the Seller is not able to provide the Buyer with an opportunity to attend in person as set out in clause 14.1, the Buyer may exercise its rights in terms of the Consumer Contracts Regulations.  For more information on how to exercise rights under Consumer Contracts Regulations, the Buyer may refer to the Company’s Compliance with Consumer Legislation Policy found at (Sanderson Weatherall Compliance Policy)

14.      Entire Agreement

14.1    The parties agree that these General Conditions, the Special Conditions and any terms in the Catalogue which are applicable to a Lot purchased by the Buyer constitute the entire agreement between them and supersedes all previous drafts agreements arrangements and understandings between them, whether oral or written.

15.      Jurisdiction

15.1    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Conditions of Sale or their subject matter or formation (including non-contractual disputes or claim).

SPECIAL CONDITIONS OF SALE 

Capitalised terms used in these Special Conditions of Sale which are not defined herein have the meaning ascribed to them in the attached General Conditions.

Seller:

On the Instructions of Viridor Polymer Recycling Ltd (no. 05499464) whose registered address is Ashford House Grenadier Road Exeter EX1 3LH (“Seller”), due to cessation of production at the Avonmouth Polymer Site.

Location:

The Seller’s polymer recycling facility at Severn Road, Pilning, Avonmouth, Bristol, BS11 0YU, UK (“Facility”).

Directions:

https://what3words.com/glorified.bricks.button

This 3 word address refers to an exact 3m x 3m location. Tap the link or enter the 3 words into the free what3words app to find it.

Viewing:

Viewing strictly by appointment through the Auctioneers.

 Access to the Location is allowed on the understanding that all persons attend the Location entirely at their own risk and are responsible for and will indemnify the Seller and the Company against any losses damage or claims occasioned by their presence at the Location.

Children under the age of 16 will not be allowed access to the Location.

Registration:

All bidders must register their details with the Company and provide identification where required.  In the case of Live Auctions by way of the registration form provided at the Live Auction or in the Catalogue and in the case of Online Auctions, online at the Website www.bidspotter.co.uk and sw.co.uk/auctions

Administration Fee:

We reserve the right to charge a fee of £25.00 plus VAT to change name and address details on invoices. To avoid this fee please ensure that the information is correct at point of registration on Bidspotter.

Bidding:

The General Conditions and the Special Conditions apply to all Sales by way of Auction, private treaty and tender and in the case of any Bids placed by way of an Online Auction stress that all Bidders must read and understand Bidspotter’s terms and conditions of registration at www.bidspotter.co.uk and sw.co.uk/auctions.

At the close of the timed Online Auction Sale, final Bid figures will be submitted to the Seller for approval and any Bid shall be subject to approval and acceptance by the Company and/or the Seller.  Bid acceptance will be subject to the bidder passing relevant identity/ due diligence checks performed by the Company and/ or the Seller.  No Bid may be withdrawn and the Company/Seller does not bind himself to accept the highest Bid or any other Bid placed in the course of the Online Auction Sale.

All lots are sold as seen and where lying.  It is assumed that all bidders have viewed lots to their satisfaction prior to bidding.  No allowance of any kinds whatsoever will be made as a result of failure to view.  We strongly advise bidders not to bid on any lot if they have not viewed to their satisfaction first.  Our descriptions, dimensions and photographs are not sufficient to wholly rely upon for the purposes of bidding.

Buyer's Premium:

Buyers will pay a Buyer's premium of 10% (plus VAT) of the purchase price for each Lot purchased whether by Auction or, private treaty or tender.  The Buyer's Premium is payable by the Buyer to the Company in accordance with the General Conditions and, for the avoidance of doubt is payable in addition to the purchase price for the Lot.  The Buyer's Premium is not negotiable and is payable by all Buyers.

Deposit:

Buyers shall pay a deposit of 25% (plus VAT) of the purchase price for each Lot purchased as requested by the Company pursuant to the General Conditions and these Special Conditions.

Payment:

 All Lots shall be paid for in full within 48 hours (two working days) of the invoice date.

 The invoice issued by the Company for any Lot will include the Bid price accepted by the Seller, the Buyer’s Premium and the charges for the dismantling and Loading of the Lot (“Take Out Charges”). The Take Out Charges will be listed as a separate line item. The Buyer’s Premium will be payable on the Bid price but not the Take Out Charges.

 *** PLEASE NOTE NEW BANK DETAILS BELOW ***

 Telegraphic Transfer - Bank details for telegraphic transfer:

Account: Sanderson Weatherall LLP P & M Clients Account

Bank: Barclays Bank, Albion Street, Leeds

Sort Code: 20-48-46

Account Number: 10931950

SWIFTCODE – BARCGB22

IBANGB84BARC20484610931950

Cash - In view of Money Laundering Regulations the Company reserves the right to refuse payment in cash.  Payments in cash of more than £7,500 will not, in any circumstances, be accepted.

Bankers Draft/ Cheques: (made payable to Sanderson Weatherall LLP) will only be accepted on the basis that any Lots are not removed until cleared funds are in the Company's client account.

Debit Cards: The Company accepts debit cards for payment of invoices (maximum £2,500).  The Company does not accept credit cards for payment of invoices.

All sums payable under the General Conditions and these Special Conditions are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company.

Registrations / Licenses / Transfer Fees:

The Buyer is responsible for obtaining at its cost any registrations, licences or permissions required for it to operate any Lot.

Dismantling and Clearance:

1. The Seller will be responsible for dismantling and removing the Lots from their operational location in the Facility in readiness for collection by the Buyer.

 2. As soon a reasonably practicable following signature of the Conditions of Sale, the Seller will notify the Buyer of a proposed date range for collecting the Assets (“Provisional Delivery Date”). The Provisional Delivery Date is indicative only.

3. The Seller will give the Buyer 5 days’ notice of the Clearance Date and Time. The Buyer must collect all Lots by the Clearance Date and Time and if the Buyer fails to do so, the Seller’s rights and remedies set out in the General Conditions of Sale shall apply. The Buyer acknowledges and agrees the Seller shall have no liability for any delay in Delivering any Lot and that the foregoing exclusion of liability is reasonable in light of the fact the Lots are being sold at a significantly reduced price.

4. The Seller will be responsible for Loading of the Lots, provided that the Buyer uses a standard flat bed or curtain sider vehicle, at the Seller’s cost. In the event the Buyer proposes using a specialist mode of transport (for example, container transport), it will notify the Company in advance and the Seller may require the Buyer to undertake Loading at its cost and risk, subject to the Seller approving the use of the Buyer’s proposed contractor. 

5. Loading will take place at the Facility or such other location in reasonable proximity to the Facility as the Seller from time to time designates and informs the Buyer of. The Buyer is wholly responsible for securing the load on the Buyer’s transport, regardless of which party undertakes Loading and for ensuring the vehicle it uses for transporting the Lots is fit for purpose and safe for the road.

6. Delivery of the Lot (“Delivery”) will take place on completion of Loading by the Seller, unless the Buyer is responsible for Loading, in which case Delivery will take place on commencement of Loading by the Buyer. Risk will pass to the Buyer on Delivery. As an exception to this general principle, the Seller shall not be liable to the Buyer for any damage caused to a Lot during the application of any packaging undertaken by the Buyer, its agents or contractors prior to Loading. The Buyer is responsible for the insurance of the Lots from the point risk passes in accordance with this paragraph and should insure against all risks.

7. Unless otherwise agreed by the Seller, the Seller is under no obligation to place the Lots in any form of packaging or container and it will be the responsibility of the Buyer to arrange any required packaging at its cost and risk. The Buyer will undertake any packaging in the specific area at the Facility specified by the Seller and in a timely manner to ensure it removes the Lots at the Clearance Date and Time. If the Buyer fails to do so, the Seller may move the Lots or require the Buyer to move the Lots to another location so they do not disrupt the Seller’s program of works at the Facility and the Buyer shall reimburse on demand the Seller’s costs incurred by any such delay. The Buyer shall be responsible for clearing the collection area of any packaging or related items where it applies any packaging to the Lots. If it fails to do so, the Seller may undertake clearance itself and the Buyer will reimburse the Seller on demand its costs duly incurred.

8. If the Seller agrees to undertake the application of any packaging on the Buyer’s behalf, the cost of applying the packaging will be for the Buyer. The Seller will be responsible for any damage caused to the Lots during packaging where the Seller applies the packaging, but gives no warranty or other assurance that the packaging will prevent damage to the Lots whilst in transit to their destination. The Seller shall have no liability whatsoever to the Buyer for any damage to the Lots sustained in transit once Loading has been completed, regardless of whether the Seller has applied any packaging.

9. Notwithstanding paragraph 7, if the application of packaging to a Lot requires the Lot to be lifted, the Seller will provide (subject to being satisfied it is safe to do so) lifting services at the Buyer’s cost to enable the Buyer to fit the packaging.

10. The Buyer is responsible for transporting the Lots from the Facility at its cost and risk, once the Seller has completed Delivery.

11. In the event of damage (save for cosmetic damage) to any Lot that occurred prior to Delivery, the Seller may in its sole discretion:

a)     elect to repair the Lot or replace the Lot with an item of equipment of comparable specification, age and condition, at its own cost; or

b)     elect not to repair or replace the Lot.

12. If having elected to repair or replace the Lot pursuant to paragraph 11.a) above, the Seller fails to repair or replace the Lot within 60 days, or if the Seller elects not to repair or replace the Lot, the Buyer shall be entitled to reject the damaged Lot and the Seller will reimburse the Buyer any amounts paid in advance on account of that specific Lot. The Buyer’s rights under this paragraph 12 apply to the damaged Lot only and do not entitle the Buyer to reject any other Lots it has agreed to purchase. The terms of this paragraph provide the Buyer’s exclusive remedy where any Lot is damaged and the Buyer acknowledges and agrees that the Seller shall have no further liability to the Buyer arising from or in connection with any damage to any Lot.

13. Lots are supplied only with the structural frame that supports the machine. No other structural framework, access platforms, walkways, ladders, staircases, etc. are included. Belt conveyors are provided as the conveyor unit only and without any structures.

Reserve Removal:

Lots sold subject to a reserve removal will either be indicated in the Catalogue with the date of availability or will be identified by the Auctioneer at the point of Sale.  A Deposit will be payable as with other lots but in this instance payment in full can be left until five (5) working days prior to availability.  Unless specified to the contrary such Lots must be removed from the Location not later than the Clearance Date and Time specified for final removal in these Special Conditions.

Fire Alarm:

In case of a fire alarm all visitors and contractors are to exit buildings and report to the Muster Point.

Smoking:

No smoking on site.  Food and Drink is only to be consumed in designated areas. 

Conduct at the Facility:

Before coming on site at the Facility, all of the Buyer’s employees, agents, contractors and representatives (“Buyer Representatives”) must undergo a health & safety induction carried out by the Seller. No Buyer Representative will be permitted to be present on site until they have completed the induction.

Whilst on site at the Facility all Buyer Representatives must comply at all times with the Seller’s site rules, policies and procedures from time to time in force at the Facility (“Site Rules”), and any instructions given by the Seller or by its contractor appointed to dismantle and remove the Lots at the Facility. The Buyer will ensure that none of the Buyer Representatives attempt to direct or give instructions to, or otherwise interfere in any way with the Seller’s contractor.

The Seller may immediately remove from the Facility and refuse further access to any Buyer Representative who does not comply with the Site Rules or who the Seller considers in its absolute discretion to represent a danger to health and safety.  

The Buyer agrees to insure against and indemnify the Seller and its agents against any or all claims arising in respect of any loss incurred, injury to person or damage to property arising in connection with the collection of the Lots from the Facility.  The Buyer must insure against all these risks. Neither the Seller not the Company accepts any responsibility or liability in these matters.

Finance:

If Buyers wish to purchase Lots with the help of a finance company they should make arrangements well in advance of the Sale to ensure that they are able to make payment in accordance with the General Conditions.

Overseas Buyers:

Overseas Buyers should ensure that the country to which the items are destined: -

• holds no import restrictions on the goods to be purchased;
• has no import licence restrictions or a restriction on currency allocation;
• has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.

Overseas Buyers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Company's bank, Barclays Bank, Albion Street, Leeds.

Overseas Buyers should employ a suitable freight forwarding organisation.  Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders.  The [Seller and/or Company] will be pleased to advise accordingly.

The Company makes no representation and accepts no liability whatsoever to any Buyer in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

VAT Payments and Returns:

All overseas Buyers (EU and non-EU) will be charged VAT at the current rate on each Lot purchased.  This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading or certificate of shipment (showing descriptive detailed information of goods exported) as proof of export, providing this documentation is received within 3 months of the sale date.  The Seller is unable to refund the VAT on the Buyer’s Premium.  Buyers are responsible for the payment of any export or import duties or tariffs that may apply.

SW LLP Economic Operator Registration and Identification (EORI) GB945674483000 - XI945674483000.

All lots are sold Ex Works (EXW) from collection address stated on invoice & / or collection note.

Neither Sanderson Weatherall LLP or the Vendor are responsible for any VAT, duties, goods and services tax, or other sales or import taxes or duties arising on the exportation of the goods from Great Britain and the importation of the goods into any country by the Purchaser or their agent.  All overseas buyers are advised to engage the services of a freight forwarding agent, who should arrange and effect the appropriate export documentation.

Any phytosanitary certification and other documentation that may be required to export lots overseas are strictly the sole responsibility of the purchaser.

Access to site is subject to current government & local guidelines. Any person wishing to access any site must have full PPE and an appropriate mask / face covering. Failure to comply with the above is likely to result in refusal of access.

Title:

 The Seller warrants that:

1.             it has good and valid title to the Lots and is the sole legal and beneficial owner of the Lots; and

 2.             the Lots are sold free and clear of any and all liens, charges, encumbrances, mortgages, pledges, security interests, or other third-party rights or claims of any nature whatsoever.

Title to the Lots will pass on Delivery, provided always that the Seller will not Deliver the Lots until payment is received in full.

 If before title to any Item has passed to the Buyer, the Buyer, being an individual, dies or enters into a composition or arrangement for the benefit of his creditors or has a bankruptcy order made against him, or being a body corporate has a Receiver or a Receiver and Manager appointed or goes into administration, liquidation or enters into an arrangement for the benefit of its creditors, then in all such cases the contract for sale for such Item may be, at the Seller/Company's discretion, rescinded without notice to the Buyer.  Upon rescission, any deposit paid by the Buyer shall be forfeited and the Seller and Company shall be entitled to exercise the rights set out in these conditions of sale on the basis of default by the Buyer.

Items on H.P., Lease or Simple Hire or any other landlord’s property and other Third Party items are not included in the sale.  Specifically excluded are other intellectual property rights, goodwill any items not listed and any other items understood to be subject to retention of title, third party or other claims.  If the Buyer is given possession of any assets not owned by the Seller, the Buyer shall not hold itself out as the owner of such assets nor sell, offer for sale, assign, charge or create any lien on such assets and shall keep them in its own possession in as good condition as they were at today’s date, but it shall deliver possession of such assets to the owner of such assets on demand.

The Seller only sells its interest in the Lots of which it has under his control.

Sanderson Weatherall LLP acts as agent for and on behalf of the Seller and neither they, their firm, partners, employees, advisers, representatives or agents shall incur any personal liability whatsoever in respect of this sale or pursuant to any document relating thereto.

Terms and Conditions:

These Special Terms and Conditions of Sale shall be read in conjunction with the attached General Conditions of Sale and shall take priority where there is any inconsistency between them.