IMPORTANT NOTICE

Terms & Conditions of Sale for Online Timed Auctions, Commission and Other Charges

1. AUCTIONEERS AS AGENTS - The Vendor hereby appoints the Auctioneers as Agent to sell Lots on their behalf. The Auctioneer is not responsible for any default by the Vendor or Purchaser.

2. ENTRIES – Must be confined to saleable items and the Auctioneers reserve the right to refuse any items, even though catalogued, if they consider them unsaleable. The Entry Form must be fully completed and signed by the Vendor prior to the Sale.

3. WORKING ORDER – All items are sold in working order and any defects must be notified on this entry form.   All electrical items must comply with The Low Voltage Electrical (Safety) Regulations 1989  new regulations and be correctly wired and fitted with the correct plug.  No single phase electrical item can be accepted unless accompanied by a qualified electrician’s certificate. Purchasers will be given to midday on the Thursday following the sale to return electrical and mechanical items found to be defective.

4. RESTRICTIONS – Certain items will not be accepted including asbestos sheeting, bicycles, items that would be more appropriate in a furniture sale and building fittings such as stainless steel sinks, baths, wc’s, domestic boilers.

5. Items that are usually unsaleable, include Trailers with wooden turntables, obsolete and worn tyres and redundant Haymaking Machinery. If in any doubt, please telephone the Auctioneers beforehand.

6. INSPECTION – we will endeavour to inspect larger items to catalogue, but require the Vendor to provide us with 4 images and a video of each item, together with an accurate description

7. COLLECTION – Lots should be available by mutual agreement and be able to be loaded on vehicles at the buyer’s reasonable request.

8. RESERVES – All Reserve Prices must be in writing and delivered to the Auctioneers office at least 48 hours prior to the Sale otherwise no responsibility can be accepted by the Auctioneers for errors in respect to Reserve Prices.   Reserves under £30 will not be accepted.

9. WITHDRAWAL OF LOTS – In all cases where on the Vendor’s instructions a Lot is withdrawn from the Sale once advertised and/or catalogued, the Auctioneers will charge £20 per item on items worth over £1,000 and £10 per item worth £1,000 or less.

10. UNSOLD LOTS – All lots entered into the sale must be offered for sale by auction and must not be sold privately before the sale. In the event that any transaction takes place following the Sale within 3 days they must be notified to the Auctioneers. Such transactions will be treated as a sale of the Lots by the Auctioneers.

11. VIEWINGS – Can be made for items valued over £5,000 view the auctioneers and the Vendor is expected to assist in undertaking these by mutual agreement of an appointment.

12. SECURITY – Keys for vehicles are the responsibility of the vendor until such time the purchaser collects the item.

13. VEHICLE DOCUMENTATION – Preferably these should be signed and submitted with your entry, however, if this is not possible, signed vehicle documentation is to be provided to the Auctioneers no later than the day before the sale.

14. HIRE PURCHASE – The Auctioneers will not offer any items subject to a Hire Purchase agreement for sale unless the existence of such agreement is disclosed in writing at least 20 days prior to the sale and all conditions of such agreement necessary to the sale is obtained prior to the sale date. All lots offered will be offered free of such agreement unless stated in the catalogue and by entry the seller warrants this.

15. COMMISSION – 10% on the first £1000; 7.5% on the next £1000 and 5% on the residue per item. There will be a minimum charge of £5 per lot catalogued (£15 for late entries), whether sold or not.  This is inclusive of all local and national advertising.   These charges will be subject to Value Added Tax.   There is a minimum charge of £20 per seller or £5 a lot whichever is the higher and regardless of whether a lot sells or not.

16. PAYMENT – Payment will be made within 14 working days of the sale subject to cleared payment of individual lots having been received from the Purchaser. In accordance with RICS regulations we hereby notify you that any interest earned will be retained by the firm and all Monies will be banked in a Client Sales Account with Lloyds of Moreton-in-Marsh. WE WILL PAY YOU BY BACS, PLEASE COMPLETE THE ENTRY FORM FULLY.

17. REMOVAL OF LOTS – All Lots to be removed within 7 days of settlement or by mutual agreement.

18. AUCTIONEERS’ RIGHT TO ANNUL A SALE OF A LOT – Prior to payment to the Vendor in the event of a dispute or refusal to pay or non-payment by the Purchaser, the Auctioneers may at their discretion annul the sale of such Lot or Lots.

19. EXCLUSION OF LIABILITY – The Auctioneers shall not be liable for any expense, loss, claim or proceedings in any respect of any loss or damage whatsoever to any property including all Lots which remain at the Vendor’s risk until risk passes to the Purchaser at the fall of the hammer whether incurred before, during or after the Sale.

20. HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND REGULATIONS APPLICABLE TO FARM SAFETY – So far as reasonably practicable, the vendor undertakes that they have taken sufficient steps to ensure that the items entered are safe and without risk to health at all times when being set, used, cleaned or maintained by a person at work and in accordance with proper health and safety procedures. Where they exist, the Vendor will provide the Purchaser of the Lot(s) all operators handbooks and manuals.

21. TRADE DESCRIPTIONS ACT 1968 – The Vendor is reminded that under the Trade and Descriptions Act 1968 the Vendor of any Lot to which a false description is applied may qualify as a criminal offence punishable by fine or imprisonment.

22. MONEY LAUNDERING REGULATIONS – If the Auctioneer does not have an existing relationship with the Vendor then a copy of a form of photographic ID will need to be sent with this entry form.