DBROWN IMPLEMATIC 2W/D TRACTOR (AFW 408A

VENDOR COMMISSION

Commission will be charged to the Vendors on each lot as follows:

£0 - £100 – 15% , the next £1,900 – 10%, the next £3,000 - 5%

and 2.5% thereafter. With a Minimum Commission of £3 per lot

VEHICLE - ENTRY FEES

Entry Fee of £20 plus VAT, to be paid upon receipt of Entry Form

will be charged on all motorised vehicles including tractors, excavators, telescopic handlers, forklift trucks, dumpers, motorised vehicles, farm bikes & lorries.

V.A.T.

VAT at the standard rate will be added to the purchase price of all Lots.  The only exceptions to this will be in the case of “zero rated” or “exempt” Lots.  The Auctioneers will state at the time of Sale if any Lots fall within these exceptions.

The following items cannot be accepted to the sale: Household & Domestic Goods, Children’s Play Equipment, Second Hand Asbestos, New and part worn tyres, windows & doors

PRIVATE SALES

(1).  No lot entered or advertised for sale by the Auctioneers should be sold by the

          owner privately within 10 days prior to the commencement of the sale for

          which the lot has been entered or advertised.  The Auctioneers are not to be

          under any liability for any breach of this condition whatsoever.

(2).  In all cases where a lot is not forward for sale, the Auctioneers shall be

          indemnified by the person entering such a lot for all expenses incurred in

          relation thereto and against all such claims from third parties as may arise.

(3).  If any lot is sold privately subsequently on the sale ground, the sale must be

          booked in through the Auctioneers’ Office and the terms and conditions or

          sale will apply and commission will be charged.

(4).  The Auctioneers reserve the right to sell privately at the reserved price, any lot

          remaining on site after the auction without further consultation with the

         Vendor.

RESERVES

Reserves shall be given in writing tot he Auctioneers before the advertised time for the commencement of the sale.  Vendors reserve the right to bid through the Auctioneers as their Agents, and shall only bid through them.  No Vendor shall in any circumstances whatsoever bid or allow anyone else to bid on his behalf for any lot owned by such Vendor, save that this restriction shall not be extended to lots being sold on a dissolution of partnership.  Should any improper bidding be discovered, full commission will be charged on any lots bought in.

VENDORS / PURCHASERS RISKS

(1).  All lots are accepted and remain on the sale ground at the Vendors’ risk.  The

          Auctioneers shall be under no liability to notify Vendors if lots are not sold.

(2).  Each lot shall be sold at the sole risk of the purchaser on the fall of the

         hammer.

EXCLUSION OF LIABILITY

The Auctioneers shall not be liable for any expenses, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including all lots) whether incurred before, during or after the sale.

The Auctioneers shall not be liable for any expense, loss, claim or proceeding in any respect of personal injury to or death of any personal arising out of or in the course of the sale, except to the extent that the same is due to the negligence of the Auctioneers, their Servants or Agents.

BIDDING

The highest bidder shall be the Purchaser and any dispute which arises shall be settled by the Auctioneer who shall regulate the bidding and have the right to refuse a bid.

PAYMENT

(1).  All purchasers shall be paid for on the day of the sale direct to the Auctioneers

 before removal and no lot to be removed without the written authority of the       Auctioneers.  Cheques will not be accepted unless prior arrangements with the

 Auctioneers have been made.  Where a purchaser defaults in payment, the

 Auctioneers reserve the right to re-sell the lot and to charge the Purchaser with

 any expenses and loss incurred by reason of the failure of the Purchaser to complete

 his purchases.  The Auctioneers reserve the right to charge interest at the current     bank overdraft rate on any outstanding accounts from the day of sale unless special arrangements have been made with the Auctioneers in this respect.

(2).  Transfers of purchases will only be recognised at the sole discretion of the

         Auctioneers.

(3).  Every Purchaser shall leave his full name and address at the Auctioneers’

        Office whether he intends to remove his purchases on the day of the sale or not.

ACCEPTANCE OF LOTS

The Auctioneers give no undertaking to accept any lots entered for the sale. 

The following items cannot be accepted:  Household and domestic goods, children’s play equipment, second-hand asbestos. New or used Tyres, windows & doors.

The information that you supply on this form will be used to organise the sale and will not be passed to third parties.

See our Privacy Notice for details at www.ruthinfarmers.co.uk/privacy-policy.

REMOVAL OF LOTS

All lots must be cleared from the sale ground within 8 days of the sale and if remaining longer than 8 days without a satisfactory explanation for the non-clearance being given to the Auctioneers.  The Auctioneers reserve the right to charge for handling and storage at the rate of £2 per lot per week, notwithstanding Clause 6 above.

DESCRIPTION

The descriptions are supplied by the Vendors who alone are responsible for details and accuracy.  The Auctioneers will not be answerable in respect of any errors which may occur in the description.  The Auctioneers may make any intimation of any alteration or modification of the description of any lot immediately before asking for bids.  The Auctioneers shall be the sole and exclusive judge of the fact of such intimation and the terms in which it is made.  Each lot is sold with all faults, imperfections and errors of description and the Auctioneers are not responsible for the authenticity, attribution, genuiness, origin, authorship, date, age, period, condition or quality of any lot.

WARRANTY

(1).  Unless a warranty is given at the time of sale, the lots are sold as they stand

          with all faults, imperfections and errors of descriptions or otherwise.  The

          purchaser shall be deemed to have inspected the lots he buys.

(2).  Vehicles and trailers may not be immediately road worthy or may be of such

          design as will not, without alterations, comply with the provisions of Road

          Traffic Acts or Regulations.  The Purchaser shall undertake to comply with

          such Acts and Regulations.

(3).  Implements and machinery may not immediately comply with the provisions

          of Safety Health and Welfare Acts and Regulations.  The purchaser shall

          undertake to comply with such Acts and Regulations.

(4).  Vendors must comply with the Trade Descriptions Act 1968 and be capable of

          substantiating all claims, descriptions, quality, manufacture, composition etc.,

          of their lots.

(5).  Items described as being in working or running order or condition shall have

          no defect which renders it incapable of the reasonable work for which it is

          intended and must be capable of performing such work.

(6).  Items described as being in good working or running order or condition shall

          be mechanically sound and capable of performing the work for which it is

          intended.

(7).  No item shall be returnable for any description or warranty other than that

          effecting its working, running or mechanical condition.

(8).  Items described as straight from work, recently overhauled etc., or similar

          description shall be deemed a warranty and be capable of performing the

          work for which it is intended.

(9).  All vehicles are warranted not to have been an insurance total loss or

         recorded on HPi V car register unless otherwise declared.

(10). All keys should be handed in on delivery of lots to the sale ground.

(11). All Registration documents or a Certificate of non Registration should be sent

           with the entry or handed in on delivery of lots to the sale ground.

COMPLAINTS

(1).  If the Auctioneer receives a complaint in writing by 12noon on Thursday

          following the date of the sale the net proceeds of sale shall be held by the

          Auctioneers and they shall be under no obligation to account to the Vendor

          until they are satisfied that such dispute has been settled.

(2).  No lot shall be subject to the complaint procedure unless paid for on the day

          Of the sale and any such payment subsequently stopped or dishonoured shall

          Not constitute payment.

(3).  The Auctioneers shall have the right to appoint a person to act as arbitrator

          subject to the Arbitration Acts as modified by these conditions of sale.  The

          Arbitrator’s decision shall be final and binding on all parties.

(4).  The Auctioneers act solely as agent between the Vendor and Purchaser and in

          the event of a dispute or refusal to pay or non-payment on the part of the

          Purchaser, they may, at their discretion, annul and cancel the sale of such lot

          or lots.

PAYMENT TO VENDORS

Vendors shall be entitled to receive the purchase price of any lot or lots sold on the fourteenth day after the sale, provided that the Auctioneers shall have received the same and:-

(1).  That the complaints procedure shall not have been invoked by or on behalf of

          the Purchaser, when payment of what is due will be made to whom it is due

          as soon as practicable by the Auctioneers after settlement of the complaint

          and:

(2).  That in the event of any acknowledged debt of the Vendor being owed to the

          Auctioneers, the latter shall have the right to set off such debt against the

          proceeds of sale.

(3).  Payment shall be withheld for tractors and vehicles sold until a registration

          book or certificate of non registration is received.

LOADING / UNLOADING SERVICES

A fork lift / tractor and loader is available to assist with the loading / unloading of lots.  These facilities are provided entirely at the risk of the Vendor or Purchaser who must be responsible for supervision.  The Auctioneers accept no liability whatsoever.

No Employee or Agent of the Auctioneer has any authority to vary these Terms or Conditions.