Implement sale - terms and conditions

 

These conditions in addition to the standard Institute of Auctioneers and Appriasers in Scotland conditions, together with any specific terms intimated in the Sale Catalogue are the terms and conditions on which Dingwall & Highland Marts Limited ("the Auctioneer") through their employees servants and agents will sell goods as agents for the seller (“Vendor”) to a purchaser ("the Buyer").

 

 

1. All items offered for sale as an individual lot (“Lot”) are tendered for sale subject to these conditions, no variation of these terms and conditions shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer.

 

2. The Auctioneer offers each Lot for sale as agent of the Vendor and not as principal and accordingly on the sale of any Lot a contract will subsist between the Vendor and the Buyer. The Vendor and the Buyer will indemnify and hold harmless the Auctioneer and those for whom it is responsible in law from and against all loss damage and liability of any kind arising from or in connection with the implementation of the contract between the Vendor and the Buyer.

 

3. The contract for sale between the Buyer and the Vendor is not a consumer contract. The Auctioneer as agent of the Vendor expressly excludes from the contract of sale any warranty or representation as to the condition, quality, description or capabilities of any Lot offered for sale or sold. No vehicle is warranted or represented as being roadworthy and no lot is warranted or represented as being satisfactory, safe for use or complying with applicable statutory requirements for use, display or transportation. Neither the Vendor nor the Auctioneer will have any responsibility for the terms of any representation made in respect of any Lot. Neither the Auctioneer nor the Vendor shall be liable for any claims, loss or damage howsoever arising from the condition of any Lot. All Buyers are required to rely exclusively upon their own inspection of any Lot and any statements made before or during a sale do not form part of any sale contract and shall be disregarded and are not to be relied on by a Buyer.

 

4. No item will be accepted for sale unless the appropriate consignment form has been completed by the Vendor and lodged with the Auctioneer in advance of the sale together, in the case of any vehicle, with the relevant registration documents and where appropriate MOT test certificate.

 

5. The Vendor is responsible for ensuring that all items brought to the auction site are accurately described and identified to the Auctioneer.

 

6. If an item is to have a reserve price the Vendor must ensure that intimation of this is given to and recorded by the Auctioneer who accepts no liability for any loss that may arise as a result of the Vendor’s failure to do so. The Vendor authorises the Auctioneer to sell any Lot which achieves its reserve price.

 

7. The Auctioneer shall have the sole and exclusive right at the auction site to determine all matters whatsoever concerning the conduct and/or effect of any auction sale or purported sale and without prejudice to the generality of the foregoing he shall be entitled to resolve disputes between bidders and may at their discretion or if instructed by the Vendor alter, divide, consolidate or withdraw from the sale any Lot at any time prior to the fall of the hammer.

 

8. If a reserve price is not stated at the appropriate place on the consignment form the Lot will be sold without reserve. A consignment form bearing a statement as to the applicable reserve price will constitute authority to the Auctioneer to sell the Lot at that price.

 

9. Ownership of any Lot shall remain with the Vendor until the full sale price has been paid to the Auctioneer. Risk of damage or destruction to any Lot remains with the Vendor until the fall of the hammer, when it passes to the Buyer. All items left at the auction site in advance of the sale are left at the Vendor’s risk and save where any damage or destruction is caused by the Auctioneer or those for whom they are responsible in law, the Auctioneer shall have no liability for loss damage or destruction to any item so left.

 

10. The price bid on all Lots will unless prior notification to the contrary is given by the Auctioneers be exclusive of any Value Added Tax payable on the Lot. The Value Added Tax due on the Lot is due and payable to the Auctioneer at the appropriate rate prevailing with payment for the Lot.
11. In making a bid for any Lot, the person making the bid acknowledges that any bid made constitutes an offer to purchase available for acceptance by the Auctioneer and warrants and undertakes to both the Auctioneer and the Vendor:

 

1. 1. he or she has read the these Conditions and agrees to be bound by their terms.

 

1. 2. that he or she has due authority and capacity to make the bid and binds themself and any employer or principal to implement any contract which results from the bid being successful.

 

13. The contract for the sale of any Lot shall be concluded and binding at the moment when the Lot is knocked down to a Buyer by the fall of the hammer. The highest bid will be accepted save where the Auctioneer who shall have complete discretion in the matter determines otherwise, in which event the Buyer and the Vendor shall be bound by the decision of the Auctioneer.

 

14. The Auctioneer reserves the right to sell at the reserve price or such other price as may be agreed by the Vendor any Lot which has failed to sell at auction. Any such sale will take place under these terms and conditions and the Vendor shall be liable to the Auctioneer for commission at the same rates as if the Lot has been sold during the auction.

 

15. Prior to the commencement of the sale, all parties intending to bid must register their interest and obtain a bidding number from the Auctioneer.

 

16. Any party intending to bid must identity themselves and any principal or employer together with appropriate means of identification to the Auctioneer in advance of the sale.

 

17. The total price payable for any Lot with such Value Added Tax as may be due must be paid in full to the Auctioneer. Payment will be deemed not to have been made until cleared funds are credited to the Auctioneer’s bank account. Full payment of the price within seven days of the date of the sale is a material condition of contract and time is of the essence in this regard.

 

18. The Buyer shall not be entitled to remove any Lot from the auction site until the full purchase price (and any applicable Value Added Tax) of that Lot has been paid to the Auctioneer. Where any Lot has not been paid for in full within seven days of the date of sale the Auctioneer shall be entitled to exercise a lien upon and over that Lot and shall be entitled, but not obliged to rescind the sale in respect of any Lots for which full payment is not made within the prescribed period of seven days from the date of the sale. If the Auctioneer elects to rescind the sale, they will thereafter be entitled to resell the Lot to a third party and the Buyer will be liable to the Vendor for all losses incurred by the Vendor, including those incurred to the Auctioneer in connection with the resale.

 

19. The Auctioneer shall be entitled to charge interest on any unpaid balance of the price at the rate of 5% above The Royal Bank of Scotland plc base rate from time to time from the date of the sale until payment in full is received.

 

20. The Auctioneer does not warrant the Vendor’s title to any Lot. A Lot is offered for sale only with the benefit of such title as the Vendor may have. If it transpires that the Vendor’s title to any Lot is defective or that the Vendor cannot pass a good title to the Buyer, the Auctioneer shall be under no obligation to the Buyer, other than to use reasonable endeavours, but without recourse to litigation to procure the transfer of a good title to the Buyer and to assist the Buyer in exercising any remedies that the Buyer may have against the Vendor.

 

21. The Buyer shall be bound to remove from the auction site within the Auctioneer’s normal working hours any Lot for which he has paid in full and that within four days of the date on which the Buyer makes payment for the Lot. No Lot shall be removed without the Auctioneer’s express written consent while the Auction is continuing. The Buyer shall be responsible for the removal of any sold Lot in a safe manner and in accordance with any requirements which the Auctioneer may have with regard to health and safety. The Buyer agrees to indemnify the Auctioneer and the Vendor against any and all claims and liabilities arising in respect of injury or damage to any person or property including the auction site caused by the Buyer or those for whom the Buyer is responsible in law arising from the removal of a sold Lot from the auction site.

 

22. Neither the Auctioneer not the Vendor shall have any liability to the Buyer in respect of any Lot which has been sold by count, weight or measurement, where there is manifest a discrepancy between the quantities, weights or measures offered for sale and that purchased by the Buyer unless such discrepancy is notified to the Auctioneer before the Buyer has removed such Lot from the auction site.

 

23. Where prior to full payment of the price for any Lot, the Buyer shall go into liquidation (save for a voluntary liquidation not involving insolvency for reconstruction or amalgamation) or has a receiver or administrator appointed to any of their assets or enters into a voluntary arrangement in terms of the Insolvency Act 1986 or, if Buyer for the time being an individual or firm, shall become bankrupt or apparently insolvent then the Auctioneer shall be entitled to rescind the contract on serving notice in writing to the parties to that effect.

 

24. These Conditions shall be construed in accordance with and governed by the Law of Scotland

 

REGISTERING TO BID

All bidders must register for the sale. Bidders registering outwith our normal business hours may not be approved until the next working day. New bidders are required to submit a bond of £1000 prior to approval.

 

CONTRACTS

All accepted bids are contracts and are considered final and non withdrawable.

BUYER'S PREMIUM

A buyer's premium of 2.5% plus V.A.T. will be applied to all purchases.

ONLINE BIDDING

The person posting the bids online has to be the person who has registered for the auction.

 

COLLECTION OF GOODS

Collection of goods will be on an appointment system on given week days between 8.00 a.m. and 4.30 p.m. only. There will be no weekend collection of goods.  Please note that collection of goods on livestock sale days (usually a Tuesday and Wednesday) should be avoided if possible and that collection on these days may involve a delay in loading.