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Contents of 5 bays of racking 2 metal 2 door cupboards plus purpose built shelf to include large quantity of loom spares as lotted * please see list for guide purposes only
Woodworking Machinery and Associated Equipment (Subject to Availability)
By order of James Hopkirk and Andrew Tate of Kreston Reeves LLP the Joint Liquidators of Everwood Limited
|Collection in person|
|Mon 16th to Fri 20th Aug, 9.00am - 3.00pm ONLY|
Other payment methods
Clearance of all lots must be undertaken in accordance with Health & Safety at Work Regulations and, where necessary, Construction Design and Management Regulations 1994. You may be required to provide a Work Method Statement and Risk Assessment approved by Lambert Smith Hampton, prior to removal of any lots.
Lambert Smith Hampton reserve the right to stop clearance if in their opinion, they believe it is being carried out in an unsafe manner or without the Method Statement and Risk Assessment.
The purchaser should ensure that their contractors hold sufficient public liability insurance, copies of which should be made available to Lambert Smith Hampton if demanded.
Please also refer to the Important Information section for each online auction.
CONDITIONS OF SALE BY ONLINE AUCTION
These conditions, together with any ‘Special Conditions’ or ‘Notices to Purchasers’, are the only terms and conditions subject to which Lambert Smith Hampton (LSH) (the “Auctioneer”) acting as agents for the Vendor (the “Vendor”) will contract with buyers (the “Buyer”). Bidding for any lot shall be deemed to be an acceptance of these conditions and any conditions in the Notices to Purchasers. If there is any inconsistency between any of these conditions and anything in the Notices to Purchasers, then those in the Notices to Purchasers shall prevail.
2.1 Buyers have a responsibility to make their own inspection and investigation of the lots at the time(s) and at the premises specified, and to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.
2.2 Goods are believed to be correctly described but all goods are sold with faults, imperfections and errors of description.
2.3 Neither the Vendor nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lots.
3.1 Neither the Vendor nor the Auctioneers, their servants or agents shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or the failure of the lots to fulfill the functions for which they were intended
3.2 The Auctioneer’s and the Vendor’s total liability for breach of contract or negligence is limited to the Bid Price.
3.3 Neither the Auctioneers nor the Vendor shall be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise) incurred by the Buyer whatsoever.
3.4 Nothing in these conditions excludes or limits the liability of the Auctioneers or Vendor for death or personal injury caused by their negligence or fraudulent misrepresentation.
3.5 Nothing in these conditions shall prejudice the statutory rights of a consumer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.
4.1 The Auctioneers reserve the right in their absolute discretion to refuse admission to the premises and grounds to any person.
4.2 The conduct of the sale shall be at the Auctioneer's sole discretion and the Auctioneers reserve the right to refuse any bids without giving any reason. If any dispute of whatsoever nature relating to a bid shall arise, such dispute shall be determined by the Auctioneers in their absolute discretion and whose decision shall be final and binding on all parties.
4.3 Each bidder must register prior to submitting any bids in Online Sales. The Auctioneer reserves the right to reject any registration at its sole discretion.
4.4 The Vendor and the Auctioneers reserve the right to fix a reserve price for any lot.
4.5 No bid may be withdrawn after the close of bidding.
4.6 The Vendor or the Auctioneers have absolute discretion to withdraw consolidate or divide at any time any lot.
4.7 The highest bidder for each lot at the close of bidding shall be the Buyer, subject to approval by the Auctioneers and the Vendor. The Sale Price is exclusive of the buyer’s premium and VAT. The highest bid at the close of bidding subject to approval by the Auctioneers and Vendor also marks a conclusion of a contract of sale between the Vendor and the Buyer.
4.8 In making a bid for any lots, the Buyer does so as principal. The Buyer will be held personally and solely liable for a bid unless the Auctioneers have previously agreed in writing with the Buyer that the bidder will do so on behalf of an identified third party acceptable to the Auctioneers. In circumstances where the Auctioneers have so agreed, the Buyer and the third party will jointly and severally be liable for all obligations arising from the bid where a third party shall be bound by these conditions by the individual bidding as his agent in the same way as if he were bidding personally.
7: Risk and Title
7.3 Title to each of the Goods will not pass until:-
8.3 The Buyer has no right to anything not described in the auction catalogue.
9: Damage to Premises
10: Default by Buyer
Upon failure by the Buyer for whatsoever reason:-
(i) to pay a deposit in full if required under the Conditions of Sale or special notices; or
(ii) to pay the purchase price in full on the due date; or
(iii) to provide any documentation required under these conditions; or
(iv) to remove the goods in a safe or satisfactory way; or
(v) to remove any lot from the premises on or before the date specified for removal,
11: Auctioneer as Agent
12: Accident or Damage
13: The Consumer Protection Act 1987
No lots are sold as new.
14: Health & Safety At Work
15: Dangerous Substances
17: Third Party Rights
18: Governing Law
Woodworking Machinery and Associated Equipment (Subject to Availability)
NOTICE TO PURCHASERS
• The lots may be viewed as follows: on Monday 9th August 2021 between 10.00am and 4.00pm.
• Located at Emir Building, Wotton Road, Ashford, TN23 6JY
• Please bring your own face mask covering to the site and PPE.
• Bidding will end at: Wednesday 11th August 2021 from 12.00pm noon [subject to the normal 10 min extension] AT WHICH TIME ALL HIGHEST BIDS WILL BE CONSIDERED.
ACCEPTANCE OF FINAL HIGHEST BIDS – IMPORTANT NOTE:
• Acceptance of all final highest bids is subject to approval by our client.
• Lambert Smith Hampton reserves the right to reject any bids which they feel does not reflect reasonable value
• Successful bidders will be notified by email by 4pm on Thursday 12th August 2021
INSTRUCTIONS FOR BIDDING:
• Access for bidding can be obtained through our website www.lshmachinerysales.co.uk
• Full details including valid email address must be provided in order to receive approval for bidding
• In the event of a bid being received within 10 minutes of the scheduled closing time, the bidding period on that lot will automatically extend by a further 10 minutes and for a further 10mins for any bid received thereafter.
• Staggered end times have been applied to the lots in this sale. Please check the lot you are bidding on for the end time.
• MAXIMUM BIDS: If more than one maximum bid is placed of the same amount, the maximum bid placed first will be considered the highest bid and a further bid will need to be to be placed to take the lead. Bidders are notified by an automated message which appears on their screen
• MAILING: All approved bidders will automatically have their details placed on our database for notification of futures sales undertaken by Lambert Smith Hampton only. In the event that you wish to have your details excluded from our database, please use the ‘unsubscribed’ feature within our website (as above) alternatively please notify our Sales Administration Team email@example.com
• The purchaser will pay a buyers premium of 16% plus VAT, which will be charged on all lots.
• The premium is not negotiable and will be paid by all buyers
• All purchases are to be paid in full, no later than 4.00pm on Friday 13th August 2021
• All queries regarding payment should be directed to our Sales Accounts team, firstname.lastname@example.org
• Please note that we do not have the facility to accept debit or credit card payments (the details required when signing up are for name and address validation purposes only).
Please refer to the page headed “PAYMENT DETAILS” for acceptable methods of payment
PURCHASERS WHO MAKE OVER THE COUNTER PAYMENTS AT THE BANK WILL HAVE THEIR COLLECTION STALLED UNTIL THE BANK HAVE CONFIRMED IT IS A LEGITIMATE CASH PAYMENT.
VALUE ADDED TAX:
• Purchasers will be charged Value Added Tax on all lots, where applicable, at the current rate (20%).
• Purchasers are required to pay a deposit on lots which will cause damage or leave a hole in the fabric of the building after removal. These lots will be specified in the sale catalogue. The deposit will be returned once the purchaser has made good in a satisfactory manner.
• The bidder / buyer is at risk once the buyer is notified of his successful purchases and is strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until payment has been received in full.
RECORDED “USEAGE” READINGS: The hour and odometer readings on machinery and vehicles in this sale cannot be warranted and should not be relied upon.
CLEARANCE TERMS AND ARRANGEMENTS
• All lots must be removed between Monday 16th August 2021 and Friday 20th August 2021, between 8.00am and 3.00pm only. No further access will be available after this time.
• Please ensure you bring the required tools and manpower and arrive on site in sufficient time to allow for the safe dismantling and loading of your lots before the site closes.
• Please note purchasers must bring their own lifting/loading equipment to site for collection, especially those items requiring RAMS for machines that require specialist moving. LSH staff will be unable to assist.
• Lambert Smith Hampton does not undertake packaging, postage, delivery or shipment of goods and the bidder must make his own arrangements to comply with the clearance terms.
• Clearance of all lots must be undertaken in accordance with Health & Safety at Work Regulations and, where necessary, Construction Design and Management Regulations 1994.
• Risk Assessments and Method Statements (RAMS): If you purchase a lot that requires RAMS to be completed please be aware that you will not be permitted access to site to commence collection of ANY of your lots until the required RAMS has been completed and reviewed by an LSH representative. If you need access to site during the collection period to review equipment for RAMS purposes, or have any further questions please contact (Kevin Powell, email@example.com)
• Lambert Smith Hampton reserve the right to stop clearance if in their opinion, they believe it is being carried out in an unsafe manner or without the Method Statement and Risk Assessment.
• The purchaser should ensure that their contractors hold sufficient public liability insurance, copies of which should be made available to Lambert Smith Hampton if demanded.
• Any fluids remaining in any lots purchased MUST be removed from site in conformity with the Control of Substances Hazardous to Health (COSHH) Regulations.
All lots will be sold subject to the Conditions of Sale as printed on the catalogue cover. Bidders are strongly advised to read them carefully.
TRANSFER OF LOTS:
Lambert Smith Hampton will only accept payment from and permit removal of lots purchased by the successful purchaser or their duly appointed agent.
Overseas purchasers must, on acceptance of offers, advise of their intentions to export their good immediately and notify our Sales Co-ordinator, Elaine Allan [firstname.lastname@example.org ]
(a) Their passport(s)
(b) One other method confirming their identity, ie drivers licence, name,
address, UK agent (if any), telephone and fax numbers.
(c) Full details of their national bank and their UK corresponding bank.
(d) Details from their bank confirming method of payment, etc.
(e) Your country, or the country to which the items are destined, holds no import restrictions on the goods that you wish to purchase.
(f) The country has no import licence restrictions or a restriction on currency allocation.
(g) The country has no prolonged inspection procedure, which might cause excessive delay in allowing your goods to be imported.
(h) You receive a fully descriptive invoice in order that you may arrange payment as soon as possible with our bank.
(i) You employ a reputable freight-forwarding organisation. Please note that many of the machinery removal companies in this country are not necessarily freight forwarders. We will be pleased to advise accordingly.
(j) You have read the Conditions of Sale.
(a) We will not allow removal of any Lot from the Sale site until our Accounts Department has received notification from our bankers that your payment has been properly cleared in full. Monies must be transferred to ourselves within the time stated in the “Notice to Purchasers”
(b) If there are any special arrangements that you wish to make with us, you must contact us at least three days before the Sale date.
(c) Our terms regarding payment of VAT and subsequent refunds.
VAT on Goods Destined for Export:
All purchasers intending to export their purchases will be charged a deposit equal to that of the VAT due on each lot purchased and the Buyer’s Premium.
Please ensure that the cashier has been notified of your intentions to export prior to removal of goods.