2013 THWAITES 3 TONNE

Terms and conditions:

UK & EUROPEAN AUCTIONS LTD

IF YOU ARE UNSURE OR HAVE ANY QUERIES PLEASE CONTACT THE AUCTIONEERS ON 01405 869098

There are no warranties or guarantees given on any of the equipment in our auctions. Hour clocks; mileage; condition of batteries; mechanical condition; etc, cannot be verified and should not be relied upon as being in working order. Whilst we try to describe all lots as accurately as possible to help buyers, the description should not be relied upon and you should satisfy yourself before placing a bid, hence all lots are sold as is and pre-sale viewing is essential. This is a trade-only auction. If you choose not to take advantage of viewing a lot before bidding then you understand this is at your own risk.

ALL BIDS ARE FINAL. If you place a bid on a lot then you are agreeing to purchase that lot at the price you have bid and all lots must be paid for in full plus commission and VAT where applicable. Care must be taken by the bidder at all times whilst the auction is running as all bids are non-retractable.  By agreeing to these Terms & Conditions you agree to pay for any lots that you bid on and this is legally binding.

1. CAPACITY. UK & EUROPEAN auctions ltd  act only as auctioneers and agents for the seller and the representative of UK & EUROPEAN auctions ltd conducting the auction is the ‘Auctioneer’.

2. The registerd address of uk-auctions ltd :12 High Street, Carcroft, Doncaster, England, DN6 8DP

GENERAL CONDITIONS

3. UK & EUROPEAN Auctions Ltd reserves the right at their sole discretion to:

3.1 refuse admission to and/or eject from the site, any person or persons;

3.1.1 withdraw any Lot;

3.1.2 alter the arrangement of any Lot, and if deemed necessary amend the description of any Lot if item(s) have been viewed , tested by auctioneer or saleroom , or if agreed with vendor;

3.1.3 sell two or more Lots as one Lot or in any way they may think proper;

3.1.4 regulate the amount of any bidding;

3.1.5 refuse the bid of any person or persons.

4. The highest bidder at the fall of the hammer shall be the buyer, except where it is clear to the Auctioneer that a dispute has arisen.

5. In cases where a dispute arises the Auctioneer will try to resolve the matter to the parties’ satisfaction. If a dispute arises, at or immediately after the fall of the hammer of any Lot, the Auctioneer, will immediately re-offer the Lot if in his reasonable opinion it seems appropriate.

6. The Auctioneer acts in every respect relating to Goods, and the sale thereof as agent only of the person(s) by whom the Auctioneer is authorised to sell such Goods as may have been deposited with him for that purpose (hereinafter referred to as ‘the Seller’).

7. Each Lot put up for sale may be subject to a reserve price which will have been determined by the Seller and communicated to the Auctioneer prior to the auction. The Auctioneer may bid on behalf of the Seller for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.

8. CATALOGUE AND OTHER DESCRIPTIONS

8.1 UK & EUROPEAN Auctions Ltd take great care to ensure that vendors provide any statements as to attribution, age, date, origin, provenance, and condition are reliable and are as true and accurate as possible from vendor. UK & EUROPEAN Auctions ltd will ask the vendor to cover all aspects of an item(s) condition , working order , damages etc. However, it should be noted that all such statements are opinions from the vendor.

UK & EUROPEAN Auctions Ltd do not guarantee that condition reports, whether included in the catalogue, or given at a later time, UK & EUROPEAN Auctions ltd does not guarantee hours, mileage, condition, or description of lots.

UK & EUROPEAN Auctions Ltd would ask that prospective buyers view Lots themselves wherever issues regarding condition are seen as important to them.. UK & EUROPEAN  Auctions ltd provide viewing availability on all lots and is advised ( please See 11.1 buyers conditions.)UK & EUROPEAN Auctions ltd will not be held responsible in a dispute with buyer/bidder If there are errors in the description of any lot provided by the vendor. If dispute arises UK & EUROPEAN Auctions ltd auctioneer will resolve dispute as they deem fair for the “parties” at the auctioneer’s discretion.

UK & EUROPEAN  Auctions ltd will only provide description of a lot if tested and viewed by a UK & EUROPEAN Auctions ltd auctioneer or salesroom employee, this description will be as is , as seen from the employee perspective. Descriptions listed on lots whether from vendor or UK & EUROPEAN Auctions ltd are to be used only as a guideline of the lot.

8.2 UK & EUROPEAN Auctions Ltd reserve the right, in forming their opinion to consult any expert or authority they consider to be helpful in making their decision bearing in mind the statements made in condition 8.1 above (no charge for this service will be made to any person or vendor) and the decision of the skilled expert need not be relied upon.

8.3 All conditions, notices, descriptions, statements, and other matters in UK & EUROPEAN Auctions Ltd’s catalogue and elsewhere concerning any Lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being made or accepted.

8.4.1 UK & EUROPEAN Auctions Ltd both for themselves and for the Seller of each Lot point out that the following expressions have the meaning ascribed to them below ART AUCTIONS :

8.4.2 The full name(s) or recognised Designation of an artist stated i.e. ‘Claude Monet’. In the opinion of UK & EUROPEAN AUCTIONS Ltd the work is by the artist specified.

8.4.3 ‘Attributed to’

In the opinion of UK & EUROPEAN Auctions Ltd the work is probably by the artist in whole or in part.

8.4.4 ‘Circle of’: In the opinion of UK & EUROPEAN auctions Ltd the work is of the period of the artist and showing his influence.

8.4.5 ‘Follower of’: In the opinion of UK & EUROPEAN Auctions Ltd the work is executed in the artist’s style but is not necessarily by a pupil.

8.4.6 ‘Manner of’: In the opinion of UK & EUROPEAN Auctions Ltd the work is executed in the artist’s or school’s style but of a later date.

8.4.7 ‘After’: In the opinion of UK & EUROPEAN Auctions Ltd the work is a copy (of any date) of a work of the artist.

8.4.8 Bears ‘Signature/Date/Label/Stamp’ etc: In the opinion of UK & EUROPEAN Auctions Ltd the work may or may not be that of the artist, make, period or of that date etc.

8.4.9 ‘A/F’: The work is as found (or all faults).

8.4.10 ‘Style’: In the opinion of UK & EUROPEAN auctions Ltd the work is a copy of an earlier period but of that design.

9. DAMAGE OF LOTS DURING VIEW OR SALE AND DAMAGE TO SITE

Damage caused by any person to the Premises by the removal of a Lot or Lots, or by any other cause, shall be made good by him/her at a sum to be agreed between parties after reasonable discussion. The Auctioneers will consider any reasonable offer or approach to settle the matter.

10. Any person wilfully or accidentally breaking or damaging Lots during a View Day or Sale Day will be responsible for any loss or damage.

11. BUYER’S CONDITIONS

11.1 Sufficient time is given for inspection of each Lot by UK & EUROPEAN Auctions Ltd and it is recommended that the potential buyer will have satisfied himself by way of inspection, as to the physical condition and description of such goods/works. Viewing is available on all lots and is advised.

11.2 Commission bids will be accepted by UK & EUROPEAN Auctions Ltd but the buyer should and is advised if possible inspect the particular works/goods and satisfy himself as to the physical condition and description before submitting such a bid as UK & EUROPEAN Auctions ltd cannot guarantee hours/mileage , or condition of lots (see 8.1 above). Commission bids will be treated in the strictest of confidence by UK & EUROPEAN Auctions LTD . A bid communicated to the Auctioneer at the time of the sale shall always take preference to a commission bid of the same value.

11.3 Any prospective buyer can request a Condition Report for art , jewellery and book sales UK & EUROPEAN Auctions ltd will use best endeavours to ensure that all details are recorded as accurately as possible. The Condition Report will be prepared by one of the Saleroom Personnel employed by UK & EUROPEAN Auctions Ltd; such a report will be carried out with reasonable care and skill. Such a request can be made by telephone, fax or email.

11.3.1 The ownership of the goods/works shall not pass to the buyer until payment has been made in full and will be held by the Auctioneer until that time, subject to the provisions of clause 12.3, 12.4 and 12.5 below.

11.4 Any person wishing to bid in the sale may be required to register prior to commencement of sale. Overseas buyers will be required to forward card details before bids are accepted:

11.4.1 his full name;

11.4.2 his address and contact telephone numbers.

11.5 The sale of any Lot will be deemed to include any VAT (where applicable) unless due notice is given in UK & EUROPEAN Auctions ltd catalogue and/or by the Auctioneer at time of sale. Hammer VAT refunds will be issued to over seas buyers on exported items.

11.6 The vat is required to be paid by all buyers VAT refund excludes VAT on buyer’s premium.

12. PAYMENT, PREMIUM AND REMOVAL

For all sales payment in full is to be made within 24 hours of invoice been issued to buyer. Any items not paid for within seven days of sale will be subject to a 10% interest charge of the hammer price.

12.1 UK & EUROPEAN auctions Ltd will only accept Payment made via Bank Transfer, details are listed on all invoices. Please include name and sale date or invoice number on all payments.

For overseas buyers Iban and BIC bank numbers are included on invoice.

12.2 The buyer shall pay a premium of 13% on all Lots (or as advised by the Auctioneer prior to any auction taking place) which shall normally be deemed to include VAT in accordance with clause 11.5 (Book Sale premium 20%, VAT not applicable on actual Books). The buyer acknowledges and agrees that UK & EUROPEAN AUCTIONS Ltd will receive from the Seller commission on the sale of any Lot in addition to the premium, unless agreed with auctioneer / UK & EUROPEAN Auctions otherwise in advance to sale. If UK & EUROPEAN  Auctions ltd auctioneer should change buyer’s premium on a particular sale it will show in auction details. In a event that buyer’s premium is discussed with buyer before or after sale UK & EUROPEAN Auctions LTD auctioneer has the right to amend premium charges on the invoice at UK & EUROPEAN Auctions ltd discretion.

12.2A Artist’s resale rights (Droit de Suite) in addition to our normal Buyer’s Premium of 13% + VAT, a commission of 4% (No VAT) will be payable on resale works of qualifying artists, for a period of up to 70 years after their death, on pictures making over one thousand Euros (payable in Sterling at the rate applicable on the day of the sale); such Lots are marked with an ‘*’, this will be payable by the purchaser of the picture.

12.3 Subject to any arrangements made in writing with UK & EUROPEAN auctions Ltd prior to the sale no Lot shall be removed or claimed until payment of the total amount due has been received by UK & EUROPEAN Auctions Ltd. Storage charges vary in the size of the lot.

12.4 Lots not paid for and not removed from the Salerooms within seven days of the sale or without prior arrangement with UK & EUROPEAN Auctions Ltd may be resold by auction or privately with due notice given to the buyer if name and address are available on the Auctioneers records.

a) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these terms and Conditions, we , as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

i. to proceed against you for damages for breach of contract;

ii. to rescind the sale of that lot and/or any other lots sold by us to you;

iii. to resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller.

iv. to remove, store and insure the lot at your expense and, in the case of storage, either at our premises or elsewhere;

v. to charge interest at a rate not exceeding 10% on the hammer price to the extent it remains unpaid for more than 7 working days after the sale;

vi. to retain that or any other lot sold to you until you pay the total amount due;

vii. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;

viii. to apply any proceeds of sale of other lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of any of your property in our possession for any purpose until the debt due is satisfied).

ix. to chase payment of unpaid amount issued by invoice to buyer / winning bidder if we have not received payment within the 24 hour time frame given for a sale of lots ie contact will try to be made first from UK & EUROPEAN auctions ltd by phone number registered on bidders/buyer account and or post to the address registered on bidders/buyer account. If contact can not be made or bidder/buyer refuses to make payment further action will / may be taken against winning bidder/buyer.

b) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions. If needed further action can be taken with resources set in place.

C) we hold the right to contact your bidding platform and ask for them to contact you or have your account banned if the bidder has breached these conditions. Notes in accordance to ban or removal of a bidder from a auction will be noted on a bidders account for other auctions/auctioneers to see.

12.5 UK & EUROPEAN AUCTIONS ltd disclaim all responsibility for accidental breakages, loss or damage to Lots howsoever caused when being removed from the Site by the Purchaser including unauthorised removal unless such breakage, loss, damage or removal is caused by the negligence of the Auctioneer or any employee of UK & EUROPEAN AUCTIONS Ltd.

12.6 The liability on the part of UK & EUROPEAN auctions Ltd towards the buyer, howsoever caused shall be as accepted practice under English Law. For further information about your statutory rights contact your Local Authority Trading Standards Department or Citizens’ Advice Bureau.

13. DELIVERY AND PACKING

13.1 UK & EUROPEAN AUCTIONS LTD We also provide the details for a local haulage companies upon request, any payments for the company should be made directly to the company. UK & EUROPEAN auctions ltd is not responsible for any damages or disputes made in regard to delivery services.

14. COMPLAINTS AND FORGERIES

14.1 The buyer shall notify UK & EUROPEAN auctions Ltd in writing as soon as practicable and within a reasonable time of the sale (normally fourteen days) of any complaint that he has in respect of a Lot and give good reason for his complaint. If UK & EUROPEAN Auctions Ltd agrees that the complaint is justified, then UK & EUROPEAN auctions Ltd will make a full refund subject to clause 12.6 above. In the event of a dispute the Buyer and UK & EUROPEAN Auctions Ltd will make all reasonable efforts to agree compensation, i.e., refunds and damages. If not possible then the Buyer can resort, if he wishes, to legal argument of a Court of Law.

14.2 If a buyer’s complaint is that a Lot is a forgery UK & EUROPEAN auctions Ltd will rescind the sale and compensate the buyer as per clause 14.1above, subject to the following conditions:

14.3 The buyer must provide written proof of the forgery and evidence on which he relies, the number of the Lot and the date of the auction at which it was purchased. This written proof should be in the form of a signed letter or statement from an acknowledged expert in the specific field of the item(s) in dispute.

14.4 The Auctioneers request that they are informed by the Buyer of the Lot if he has passed on good ownership of the Lot in dispute to another person.

14.5 The buyer must prove that the Lot alleged by him to be a forgery is the Lot actually purchased by him through UK & EUROPEAN auctions ltd.

14.6 A forgery means an imitation or copy intended by a person/persons to be a reproduction of the original and made to deceive, with regard to authorship, date or provenance, and provided that it is not shown to be such in the catalogue description at the date of the sale.

14.7 Notwithstanding the above clauses 14.1 to 14.6 inclusive the buyer should take into consideration the following point when making claims as to forgery:

(i) the catalogue description at the date of the sale, as to whether it was fair and correct and produced with known and accepted practices at that time.

15. SPECIAL CONDITIONS FOR BOOK AND MAGAZINE SALES

15.1 It should be noted that books and magazines can be affected by wormholes to margins etc or other damage not seriously affecting text such as foxing stains, lack of blank leaves, lack of plate lists, supplements and any subsequently published volume. UK & EUROPEAN auctions Ltd will use best endeavours to highlight and accurately describe such damage in the catalogue description and/or other statements, where it is prominent and obvious. The buyer should satisfy himself as to the damage prior to bidding by inspection or by verbal report.

15.2 UK & EUROPEAN auctions Ltd will ask the vendor to highlight and describe as accurately as possible in the catalogue description and or other statements, any damage affecting text. The buyer should satisfy himself as to the damage by inspection or verbal report prior to bidding. Lot descriptions are only to be used as a guideline to bidders/buyers. UK & EUROPEAN Auctions ltd does not alter the buyer’s description in anyway unless at vendors request or if auctioneer has tested or viewed a item(s) themselves and information listed at the time is seemed to be in accurate. UK & EUROPEAN Auctions ltd does not guarantee condition description of lots. UK & EUROPEAN  Auctions ltd will provide description of lot if tested, viewed by a UK & EUROPEAN Auctions ltd salesroom employee, this description will be as is as seen from the employee ( please see 8.1 catalogue and other descriptions, above.)

16. ELECTRICAL GOODS IN ANTIQUE AND COLLECTORS’ SALES

16.1 The buyer acknowledges that the above electrical goods sold through auction by UK & EUROPEAN auctions Ltd are offered for sale for HISTORICAL INTEREST AND/OR DISPLAY PURPOSES ONLY. The goods are NOT SUITABLE FOR CONNECTION TO MAINS ELECTRICITY SUPPLY and UK & EUROPEAN auctions Ltd do not accept any liability for loss or damage incurred as a result of contravention of this clause unless such loss or damage was caused by the negligence of the Auctioneer or any other employee UK & EUROPEAN auctions Ltd with substantial proof of how the damaged was occurred by UK &EUROPEAN auctions ltd.

16.2 All electrical goods sold for historical interest and/or display purposes by auction by UK & EUROPEAN  auctions Ltd are sold untested and there are no warranties or guarantees as to working order or serviceability in respect of such goods. If the buyer intends to use, or purchases the goods for any reason other than historical interest and or display purposes he does so at his own risk and shall be solely responsible for ensuring suitability and safety of the goods by for example arranging for the goods to be checked and warranted by a qualified and competent electrician.

17. DISPUTES AND ARBITRATORS

If the amount of the dispute exceeds £5,000 and the Auctioneer and Buyer are unable to agree a figure for compensation, then the matter can be referred to any Independent Arbitrator agreed by both parties. The decision of the Arbitrator shall be final and binding on both parties.

Dispute is to be brought forward to UK & EUROPEAN auctions ltd or auctioneer before 14 days on the day collection is made. Any damages made to item(s) after collections UK & EUROPEAN auctions ltd will deal with dispute how they seem fair within the terms of the sale.