GENERAL CONDITIONS OF SALE continued (as approved by The Royal Institution of Chartered Surveyors)
G7.7 If any Lot is unsold and has to be dismantled & lowered to allow the removal of any other lot, then such dismantling & lowering shall be the responsibility of the Buyer of the relevant Lot(s). G7.8 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 auctioneer or the seller reserve the right to erase any private or sensitive information prior to the Sale or at any later date. G7.9 The Buyer and/or his removal contractor must liaise with the Company’s site representative prior to commencing dismantling/removal of a Lot from the Location and must at all timescomply with its obligations under clause G7.11 below. G7.10 When removing any Lot from the Location the Buyer shall, or shall procure that its removal contractors shall: (a) carry out a full assessment of Lot, the Location and the land or buildings to which the Lot is fixed to assess the risks associated with detaching/removing the Lot and shall fully satisfy themselves that they can detach/remove the Lot in compliance with the Buyers obligations under this (b) obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings; (c) buyers of Lots will be required to make good holes or voids exposed by the removal of Lots. Cladding taken off buildings for removal of plant & equipment will have to be replaced, unless otherwise specified by the Company; (d) when detaching any Lot fixed to land or buildings, do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Company; (e) remove the Lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority whether Parliamentary, statutory, parochial or local including (without limitation) in compliance with the Health and Safety at Work etc Act 1974, the Environmental Protection Act 1990, The Construction (Design and Management) Regulations 2007, Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof and all other health and safety and environmental legislation in existence at the time of the Sale. (f) To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by the Buyer shall be to the best industry practice; In all cases arising under this General Condition 7.11 the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Auctioneer and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Auctioneer and/or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of these conditions and the Buyer shall make good any damage caused to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot. (g) The auctioneer shall be entitled to halt the clearance of any Lot if in its absolute discretion the removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted by the auctioneer, the Buyer must liaise with the auctioneer site representative as to how the Lot should be removed from the Location provided that the Buyer shall at all times ensure that it complies with its obligations under General Condition 7.11 above and the seller nor the auctioneer shall have any liability in this regard. (h) The Buyer shall provide evidence as and when requested by the auctioneer of the Buyer’s insurance policies in respect of the following insurances and at a minimum level of: Public Liability Cover - limit Two Million Pounds (£ 2,000,000); and Employers Liability Cover - limit Ten Million Pounds (£10,000,000);the auctioneer reserves the right to vary the level of insurance cover stated above at any time, as and when required. (i) The Buyer shall provide to the auctioneer a Risk Assessment & Method Statement complying with The Construction (Design & Management) Regulations 2007, COSHH or with any subsequent amendments thereof or such other legislation as shall from time to time be in force. (j) Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and MUST be carried out by an approved contractor following consultation with the site representative. (k) It is expressly brought to the Buyer’s attention that certain Lots could contain blue or white asbestos, dangerous chemicals etc. which if not handled correctly during their removal could result in breach of Health & Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations or other statutory requirements.
(l) Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable statutory requirements. (m) The Buyer must use safe and lawful means of removing the Lot, must comply with all current statutory requirements and regulations including those relating to the disposal and removal if waste, and if required, satisfy the auctioneer in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor to an approved waste management site. G7.11 The Buyer shall indemnify the auctioneer and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of the Lot after title to the Lot has passed to the Buyer but before it is removed from the Location. G7.12 All Lots are sold on the understanding that the Seller does not represent them as being in a condition which makes them suitable for domestic use. If any Lots are intended for domestic use the Buyer must ensure that they comply with the requirements of the Furniture & Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force. G7.13 The Buyer undertakes to comply with the provisions of the Data Protection Act 1998 in processing data held by them in connection with any Lot.
G8 Default G8.1 If at any time the Buyer has failed either to pay the sums specified above in full, by the expiry of the time specified in clause above (or any extension granted), or to remove any Lot by the time specified the auctioneer and or the seller (a) may rescind the Sale of that Lot, in which case any deposit shall be forfeit, and that Lot may be resold by auction or privately; (b) may remove the Lot from the Location and leave it outside at the Buyer’s risk in all respects; (c) may charge the Buyer for the reasonable costs of transporting the lot, storage and administration charges; (d) may charge the Buyer rent, taxes, men’s wages and expenses incurred as a result of the Lot(s) remaining at the Location G8.2 If the Auctioneer has rescinded the sale but the Buyer has removed the Lot bought, the Auctioneer shall be entitled without previous notice to enter upon any premises where he believes the Lot to be and remove it. G8.3 If the Auctioneer has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely:- (a) the sale price less the resale price; (b) the costs of and incidental to resale. G8.4 If because the Buyer has failed to remove any Lot by the time specified above (or any extension granted), and the Seller is unable to give vacant possession on disposing of or relinquishing any interest in the premises from which the Lot should have been removed, the Buyer shall compensate the Seller for any loss resulting and shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred arising from the Buyer’s failure to remove the Lot from the Location.
G9 Acknowledgements and Exclusion of Warranties G9.1 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 Auctioneer or any of their employee’s agents or representatives. 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. G9.2 The Buyer further acknowledges that neither the Sellers nor the Auctioneer 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 (including photographic images or website entries) contained in the Catalogue and/or in the Special Conditions G9.3 The Buyer also acknowledges that:- (a) all the Lots are purchased on the basis that risk of good title to all or any of them passing to the Buyer is at the Buyer’s risk and without limitation the Lots are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire purchase agreements and reservation of title claims (if any) in respect of them; (b) If it shall be found that the Seller does not have title to all or any of the Lots the Buyer shall have no right to rescind, avoid or vary this agreement or to claim damages or a
reduction in the price paid or payable; (c) 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; (d) any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/ or the Auctioneer 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. (e) 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 any logos and lettering from vehicles. Odometer readings are not warranted ; (f) 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 Auctioneer 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. (g) The articles may be inspected at the times and place set out in the Catalogue. Each buyer (whether or not he inspects those articles which he purchases) shall be deemed to buy with notice of all defects in them. (h) The Buyer acknowledges and agrees that the Auctioneer 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 Auctioneer and the Buyer shall indemnify the Auctioneer against all and any liabilities arising under or in connection with the Sale of any Lot.
G10 Liabilities and Indemnities G10.1 The Auctioneer warrants that he believes that the Seller of each Lot is able to pass good title, and if the Seller is not able to do so, the Auctioneer shall use his reasonable endeavours to assist the Buyer in obtaining good title and in pursuing any remedies the Buyer might have against the Seller, but the Auctioneer shall not be bound to initiate litigation and shall not be under any other obligation to the Buyer. G10.2 Every Lot is sold as seen and where lying. no Lot is sold as compromising or including any new goods. G10.3 The Auctioneer neither has nor professes any expert or other knowledge of any Lot sold and is hereby excluded any liability the Auctioneer might otherwise incur and any right or immunity the Buyer might otherwise possess in respect of any conditions warranties or representations relating to the condition of any Lot sold or the merchantable quality of the Lot or its fitness for the particular or any purpose for which it is or may be required whether such conditions warranties or representations are expressed or implied in the Auction Catalogue or are the subject of oral or written statements made by or on behalf of the Auctioneer or any other person before or in the course of the Auction. G10.4 No liability shall attach to the Auctioneer either in contract or in tort for loss, injury or damage legal or other expenses sustained by the Seller, any Bidder, the Buyer or any other person by reason of:- (a) any defect in any Lot sold, whether or not such defect be latent or apparent on examination; (b) any defect or danger of the premises where the Auction is held; (c) any alleged failure of the Auctioneer to properly advertise the Auction or to seek or obtain expert legal advice with regard to any Lot offered for sale or its reserve price; (d) any act or omission of the Auctioneer in the conduct of the Auction or after the Auction; (e) any act or omission of any person other than the Auctioneer. G10.5 The Seller shall indemnify the Auctioneer in respect of any claims made by another or third party for any loss injury damage or legal or other expenses referred to above G10.6 The Auctioneer shall not be liable to indemnify the Seller or any Bidder or the Buyer in respect of any claims made by another or third party for any loss injury damage or legal or other expenses referred to in clause 10.4 above. G10.7 In no circumstances shall the Auctioneers be liable for any consequential damage. G10.8 Waiver No indulgence shown by the Auctioneer shall prevent the Auctioneer or the Seller from subsequently insisting upon their respective rights and remedies.
Pro Auction Limited Unit 5, Midsomer Enterprise Park, Radstock Road, Bath, BA3 2BB United Kingdom
Tel: +44(0)1761 414000 Fax: +44(0)845 280 2492 Email:
info@proauction.ltd.uk Website:
www.proauction.ltd.uk Company Registration no: 5059610
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