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CONDITIONS OF 1. Interpretation i) "Bid price"
means the price bid by a purchaser for a lot exclusive of any Value Added Tax
chargeable on the supply of goods comprising the lot; ii) "Purchase
price" means the bid price plus a sum equal to any Value Added Tax
chargeable on the supply of the goods comprised in a lot; iii) "Purchaser"
means the person making the highest bid price for a lot; iv) "Vendor" means
Department of the Environment or any other government department. v) "Reference to any
enactment, order, regulation or other similar Instrument" shall be
construed as a reference to the enactment, order, regulation or Instrument as
amended by any subsequent enactment, order, regulation or Instrument. 2. General
Notice This sale is not
classed as a consumer sale within the meaning of the Supply of Goods (Implied
Terms) Act 1973. 3. Bidding If any dispute arises
between those making bids, the Auctioneer, at his discretion, shall either
again put up the lot in dispute for resale or decide the dispute. No person
shall retract his bidding. The Vendor reserves the right to bid himself or by
his Agents and to alter, vary or withdraw any lots before or during the sale. 4. Method
of Payment No goods may be
removed until they have been paid for in full. Payment is acceptable in cash,
by cheque, credit or debit cards. Cheques will only be accepted to the value
of the accompanying Banker’s Card or with a letter from the bank clearly
stating they will honour your cheque to an agreed limit otherwise goods will
be withheld until cheques are cleared. A 3% handling charge will be added to
all purchases made by credit card. Debit cards will incur no extra charge. A
buyer’s premium of between 5% - 15% plus VAT may be levied at the auctioneers
discretion. VAT is charged at 17.5% on lots sold on behalf of VAT registered
vendors. 5. Deposits The Purchaser may
immediately after the fall of the hammer pay one-fourth of the bid price in
cash or bank notes or (subject to Condition 4 hereof) by cheque as a deposit
and shall declare his name and address if required. In default of the
payment of a deposit, the lot may be directly put up again and resold. The
deposit shall be held as a general deposit against the payment of the
purchase price in respect of each purchase made by the Purchaser by whom such
deposits have been paid. 6. Payment
of Balance; Vendor's Powers on Non-Payment Before all lots are
removed by the Purchaser, he shall pay in full the purchase price for all the
lots bought by him. Such purchase price shall be paid by 12.00 noon, Friday
following the sale. If the purchase price is not paid by the Purchaser, all
monies deposited shall be forfeited and the Vendor shall be at liberty
without prejudice to any other remedies to resell any lot or lots or any part
thereof remaining unmoved and unpaid for by the Purchaser by public or
private sale without giving prior notice to the Purchaser, and after allowing
for any deposit forfeited as aforesaid, any deficiency which may arise on
such resale shall be made good by the Purchaser and shall be recoverable from
him as liquidated damages or deducted from the sums due to him under this or
any other contract between him and any Department of Her Majesty's
Government. Any increase of price obtained on resale shall belong to the
Vendor. 7. Transfer
of Lots No transfer of lots by
the Purchaser shall be allowed. 8. Personal
Injury Neither the Vendor nor
the Auctioneer shall be responsible for any accident or damage to life or
limb which may occur prior to or during the progress of the Sale or at any
time during the removal of lots except to the extent that such accident or
damage arises from the negligence of the Vendor or the Auctioneer. 9. Faults
and Errors The lots are sold
"as they lie" with all faults and errors or mis-statement or
description, measurement, weight, quantity, quality, number or otherwise
(whether of a substantial nature of not). The Purchaser shall be deemed to
have inspected the lots he buys and if he buys without previous inspection,
he shall do so at his own risk. The lots are not sold by sample but if in any
case, a sample shall be displayed, it shall be upon the understanding that
this contract shall contain no implied condition or warranty as to quantity
or otherwise or that the lots are free from any defect rendering them
unmerchantable. 10. Claims
Concerned with Condition of Goods The goods shall be
acquired by the Purchaser at his own risk. The Purchaser shall make no claim
against the Vendor or any servant of the Crown in respect of any loss, damage
or injury (whether to person or property) suffered by the Purchaser in the
course of or at any time after the delivery of the goods and in any way
connected with or arising out of the condition of the goods. 11. Risk Neither the Vendor or
the Auctioneer shall be responsible for any lot or part thereof after the
fall of the hammer, from which time all lots shall remain the responsibility
of the Purchaser. 12. Removal ALL LOTS SHALL BE
REMOVED AT THE PURCHASER'S EXPENSE WITHIN 5 DAYS FOLLOWING THE 12a.Random Searching of Vehicles The Auctioneers shall have
the right, if it so desires, without compensation to the Purchaser, to search
vehicles carrying Goods to which the contract relates, before such vehicles
leave the Auctioneers premises, in order to check that the Goods being
removed correspond to the Contract Particulars. This right shall include the
right to search the whole of the vehicle, and the right to require the
vehicle to be unloaded if this is necessary for the check to be made. If the
vehicle collecting the Goods is now owned or hired by the Purchaser, the
Purchaser shall ensure that the owner or hirer agrees to the exercise of this
right by the Auctioneers. 13. Vendor's
Powers of Non-Removal In the event of the
Purchaser having paid the purchase price failing to remove any lot by the
time specified, the Vendor shall be entitled to exercise any one (or all) of
the following powers: a) Without notice to the
Purchaser store all or any of the unremoved goods in any place (whether
indoors or out of doors), b) make a storage charge, not
exceeding 2.5% of all the bid price for the lot, for every week or part of a
week during which such failure to remove continues, such charge to be paid
before the lot is removed, c) to sell the lot and from
the price received deduct all expenses occasioned to the Vendor by reason of
the Purchaser's failure to remove and credit the balance remaining of such
price to the Purchaser, but if the price realised is insufficient to cover
such expenses to claim and recover the said deficiencies from the Purchaser
or deduct them from the monies due to him under this or any other contract
between him and any Department of Her Majesty's Government. 14. Lifting
and Towing Where the Auctioneers
give assistance with the lifting and/or towing within the Auction House, in
connection with the collection of goods, such assistance is given entirely at
the Purchaser's risk and the Vendor shall incur no liability, whether in
contract or in tort in respect other than in respect of injury, to persons
arising from the negligence of the Vendor. 15. Loss
Caused by Removal Where the removal of
any lot or lots causes loss or damage to any land or property including any
other lot or the death or injury of any person, the Purchaser of the lot or
lots being removed shall:- a.
Indemnify
the Vendor against any liability or any payment reasonably made by him in
respect of such loss, damage or death or injury (including any payment made
in connection with the death or injury of any servant of the Crown under any
Statute, Warrant, Order, Scheme, Regulation, Conditions of Service or other
arrangements making provision for payments in respect of the death,
disablement, sickness or other injury of servant to the Crown and b.
In
the case of loss or damage to land or property of the Crown or any lot not
sold to the Purchaser, at the option of the Vendor either make good the loss
or repair the damage, whether before the removal of his lots from the
premises is completed or after removal as the Vendor may require, or pay the
cost of asking good or repair as estimated by the Vendor whose decision shall
be binding on the Purchaser provided always and subject to the provisions of
Conditions 14 hereof: i) the Purchaser shall
incur no liability under this Condition if he is able to show that such loss,
damage or injury was not attributable to the neglect or default of himself,
his servants, agents or sub-contractors and ii) nothing in this Condition
shall relieve the Purchaser of any liability to the Crown or the Vendor
arising apart from this Condition. 16. Rescission
by Vendor In the event of the
Vendor after the Sale not being able to give a good and sufficient title to
or delivery of any lot or part thereof before its removal, or in the Vendor's
opinion the removal of any lot will endanger or permanently damage any
building or other property, the Vendor may by written notice to Purchaser of
such lot or lots delivered to him or his agent or sent by post to his place
of abode or business last known to the Auctioneer rescind the sale of such
lot and repay to the Purchaser any deposit money paid in respect thereof. 17. Limitation
of Vendor Liability The Vendor shall not
be liable in respect of any claim whether in contact or in tort (other than
claims in respect of injury to persons arising out of negligence of the
Vendor) by the Purchaser arising out of or in any way in connection with the
sale of all or any of the goods for any sum exceeding the amount of the
deposit or purchase price (as the case may be) paid by the Purchaser in
respect of the goods the subject of the claim. 18. Document
Inadvertently Left in Furniture, etc. Where any lot consists of
or includes office furniture or equipment, the Purchaser shall inform the
Vendor as soon as possible of the discovery in or on the lot(s) of any document,
illustration, plan, tape, film, or other record not mentioned in the
description of the lot and shall give the Vendor such information and afford
him such facilities for examining any such items as he may require and shall
deliver it to him forthwith if he shall so direct. The property in any such
document, illustration, plan, tape, file or other record shall pass to the
Purchaser only if the Vendor signifies in writing his intention that it
should pass. Purchasers are reminded that the Official Secrets Act 1911-1939
created offences in relation to the unauthorised possession or communication
of certain information. 19. Health
and Safety at Work Act 1974 The goods are not sold
as articles for use at work; they are sold on the understanding that the Vendor
does not represent them as being in a condition which makes them suitable for
use at work. The purchaser is reminded that if, nevertheless, any of the
goods or articles purchased are intended by him to be supplied in due course
for use at work, the Purchaser should, before so supplying them for such use,
take such steps as are necessary to ensure, so far as is reasonably
practicable, that such goods or articles will be safe and without risks to
health when properly used and should carry out or arrange for the carrying
out of such testing and examination as may be necessary to enable him to
carry out the obligations imposed by the Health and Safety at Work Act 1974. 20. Disputes If any dispute or
difference arises about any lot or any other matter in relation to the sale
other than a dispute between bidders, the same shall be settled by the
Auctioneers or any such person as they shall appoint for the purpose, whose
determination shall be fixed and binding on all parties concerned. 21. Corrupt
Gifts and Payments of The Purchaser shall
not: a) Offer to give or agree to
give to any person in Her Majesty's Service any gift or consideration of any
kind as an inducement or reward for doing or forbearing to do or having done
or forborne to do any act in relation to obtaining or execution of this or
any other contract for Her Majesty's Service or for showing or forbearing to
show favour or disfavour to any person in relation to this or any other
contract for Her Majesty's Service. b) Enter into this or any
other contract with Her Majesty's or any other Government Department in
connection with which commission has been paid or agreed to be paid by him or
on his behalf or to his knowledge unless before the contract is made
particulars of any such commission and of terms and conditions of any
agreement for the payment thereof have been disclosed in writing to the
Vendor. Any breach of this Condition by the Purchaser or by anyone employed b
y him or acting on his behalf (whether with or without the knowledge of the
Purchaser) or the commission of any offence by the Purchaser or by any one
employed by him or acting on his behalf under the Prevention of Corruption
Acts 1889-1916 in relation to this or any other contract for Her Majesty's
Service shall entitle the Vendor to determine the Contract and recover from
the Purchaser the amount of any such gift or commission. In
any dispute, difference or question arising in respect of a.
the
interpretation of the Condition (except so far as the same may relate to the
amount recoverable from the Purchaser under Clause 2 of this Condition in
respect of any loss resulting from each determination of the contract or b.
the
right of the Vendor to determine the Contract, or a.
the
amount or value of any such gift or consideration or commission, the decision of the
Vendor shall be final. 22. Road
Traffic Act Requirements Purchases are reminded
that any vehicle or trailer sold in this 23. Export
Licences The sale of goods as
described in the catalogue shall not imply that Department of Industry
licences for export of the goods in their present or modified condition will
be granted to a Purchaser. The pursuit of any such licences is entirely a
matter for the Purchaser. 24. Containers
etc. Pallets, stillages,
baskets, skips, etc. used for the display of the lot are not included in the
sale lot unless stated. OFFICIAL NOTICES 1. Petroleum
Mixtures and Paints The attention of
Purchasers purchasing mixtures containing petroleum (e.g. cellulose, is drawn
to the requirements of the Petroleum (Mixtures) Order 1929 (SR & O 1929,
No.993) providing that these goods may not be kept, sold or conveyed unless
the containers are labelled in conspicuous characters: "Petroleum
Mixtures giving off an inflammable heavy vapour". Purchasers are warned
that a licence from the Local Authority is necessary before Petroleum
Mixtures may be stored. 2. Scales
and Weighing Machines Responsibility rests
with the Purchaser for determining whether or not apparatus when used for
commerce conforms to the Weights and Measures Regulations of the Standards
Department, Department of Trade. 3. Chemicals The attention of
Purchasers of chemicals is directed to their obligations to comply with all
relevant provisions of the Poisons Act 1972, and of the Poisons Rules made
thereunder. 4. Clothing a) All crested buttons,
insignia and badges must be removed before resale, the buttons and insignia
must be mutilated and disposed of as scrap. Purchases
are deemed to buy on this condition. b) unless otherwise
specifically stated at the description of the lot, all made-up textile
products are sold as 'old made-up textile products' as defined at Item 14 of
Schedule 4 of Statutory Instruments 1973 No. 2124 Trade Descriptions - The
Textile Products (indication of Fibre Content Regulations 1973). 5. Rag,
Flock and Other Filling Materials Act 1951 Any person who acquires
surplus bedding and other goods which may contain fillings should be familiar
with the obligation of the Rag, Flock and other Fillings Materials Act 1951. 6. Consumer
Protection Act 1987 (Upholstered Furniture) All upholstered
furniture is sold for the purpose of "OFFICE" use only, it is the
responsibility of the purchaser to make sure it complies with the fire
resistant regulations before it is re-sold for domestic use. 7. Helmets Any helmets offered
for sale are not sold as affording protection to persons on or in
motor-cycles and are not of a type approved for use under the Motor-Cycles
(Protective Helmets) Regulations 1974 (E1 No.2000). They may not therefore be
sold or offered for resale for us in 8. Electrical
Equipment The equipment should
not be used until it has been tested to ensure its compliance with relevant
statutory requirements and safety generally, and the Auctioneers do not
accept any liability in respect of any loss, damage or injury (including
death) resulting from or connected with the sale or resale of the equipment
or its use by the Purchaser or any other person. 9. Red
Cross (Geneva Conventions Act 1957) Some goods may carry
the marking of a red cross on a white background. Purchasers are reminded
that under Section 6(1)(a) of the Geneva Convention Act 1957, as modified by
Section 3 of the Defence (Transfer of Functions) Act 1964, it is unlawful for
any person, public or private property, without authority of the Defence
Council, to use the emblem for any purchase whatsoever. It is the
responsibility of the Purchaser to ensure that items from whatsoever origin
offered for resale do not contravene this Act. 10. Tyres,
Covers and Tubes The tyres, covers
and/or tubes are sold "as they lie" and without guarantee by the
Government or by the manufacturers, and all conditions and warranties
whatever, whether statutory or otherwise, are hereby expressly excluded. 11. Ladders,
Steps and Trestles These goods are offered
for sale upon the express understanding that no warranty of their condition
or safety is given or implied. 12. Smoking
Smoking
is not permitted.
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