BROCKHOLES ARMS AUCTION MARKET LTD
COLLECTIVE MACHINERY SALE
SATURDAY 11thApril, 2015
Commencing at 10.30am at Brockholes Arms Auction Market,
Garstang Road, Claughton on Brock, Preston, PR3 0PH Tel 01995 640280 Fax 01995 643493
Office Use
QTY
Description (Block Capitals)
Warranty
Vehicle Reg No
Reserve
Delivery:All goods must be delivered to the Auction Market car park on Friday 10th April between the hours of 9.30am and 3.00pm and times different to these must be
made by prior arrangement.
I/We certify that the items entered above for sale are my/our sole property and are not subject to any hire purchase agreement or other contract, and that I/we shall abide by the
conditions and terms of sale, displayed in the Auction Market office.
VAT Charges
All vendors must tick one of the boxes
I am Private Individual or non Vat Reg. Business
No VAT on Hammer Price.
Name
_______________________________________________
Address
________________________________________________
________________________________________________
I am VAT Reg. Individual or Business VAT
Added at current
VAT Reg Number ________________________
Signed __________________________________ Date ______________________2015
________________________________________________
Tel No
____________________ Mobile No___________________
GENERAL CONDITIONS OF SALE
These Conditions of Sale include terms restricting the liability of Brockholes Arms Auction Mart Ltd. Do not bid for or sell any lot or lots unless you have read the conditions and agree to be bound by them. For sales of horses, machinery, quotas and pedigree livestock, please also refer to the Special
Conditions of Sale contained within the relevant catalogue or entry forms.
1.
As regards the conduct of the sale, those conditions generally held to be consistent with the conduct of a sale by auction of the particular commodity on offer shall apply, except that any conditions as printed herewith take precedence, and, in the event of a sale of livestock, also excepting that the
National Conditions of Sale as approved for used in Livestock markets by the Livestock Auctioneers’ Association as displayed on the auctioneers’ premises, shall apply, in so far as these conditions are not superseded by these or any other conditions of sale announced as applicable.
In the event of a dispersal sale on the premises, or on such premises to which the lots are removed for convenience of sale or for the benefit of the vendor or vendors, no warranties whatsoever shall apply, excepting any that are specifically stated in the catalogue, which are not altered or withdrawn prior to sale
(being the time that the hammer falls on the lot or lots in question), or such warranties as are given at the time of sale by the auctioneer acting as agent for the vendor or vendors.
The attention of prospective purchasers or bidders is drawn to the current legislation governing the conduct of sales by auction, or which they shall be deemed to have full knowledge, and in accordance with which the sale will be held.
2.
vendors.
The order of sale will be as catalogued or announced prior to or at sale time, but the auctioneers reserve the right to deviate there from by amalgamating, dividing, altering, consolidating, withdrawing or in any other way presenting the lots in any manner which they deem advisable for the vendor or
3.
No lot or lots may be withdrawn from the sale, except that, in the case of livestock, such stock may be withdrawn, subject to adequate notice being given to the auctioneers and further subject to the production by the vendor, within no later than seven days after the date of sale, of a veterinary
surgeons certificate to the effect that the lot or lots were not in a saleable condition at the advertised time of sale and also except, where the sale is being conducted under the auspices, rules or regulation of a club, society or whatever, then if such a third party lays down rules for the acceptance or otherwise of stock
for sale, and certain lots fail to reach the applicable standards, such stock will not be admitted to the sale yard, and must be removed there from forthwith, at all times at the risk of the vendor.
As all entries are accepted by the auctioneers, either for themselves or as agents for the party under whose authority the sale is being conducted, in good faith, neither they, as agents, the vendor or vendors, nor the party under whose authority the sale is held, accept any responsibility whatsoever for the failure of
any lot or lots to come under the hammer.
4.
All bidding will be regulated by the auctioneer for the time being, and no person shall retract a bid. The auctioneer reserves unto himself the right to refuse any bid without giving a reason, to bid on behalf of a vendor and to abide by any upset (minimum) price set by, and agreed with, a third party.
The refusal of any bid shall in no way be constructed as indicative of the creditworthiness or otherwise of the person attempting to bid, nor shall it be deemed to reflect upon the character of the bidder.
5.
All lots must be taken with fault, imperfections and/or errors of description (if any) but no lots will be allowed to be moved until full payment has been made in accordance with these conditions of sale unless alterative arrangements are made with the auctioneers prior to commencement of sale.
Whilst quantities, descriptions, measurements, etcetera stated in the catalogue are believed to be correct, neither the vendor nor the auctioneers for their part accept any responsibility for any error or mistake therein, and no purchaser shall make any objection thereto, nor be entitled to any compensation in respect of
such error or mistake.
The Vendor does not make or give, and neither the auctioneer nor any other person either in their employ, or purported to be in their employ, have any authority to make or give any representations or
warranty whatsoever in relation to any of the lots, excepting such warranties as may be stated by the auctioneer on behalf of the vendor at the time of sale of each particular lot, or such warranties as are specifically contained within the catalogue, unless such written warranties are withdrawn and/or amended prior
to the sale of that particular lot. In all respects any warranties given by the auctioneer are given by him as agent on behalf of the vendor.
Notwithstanding the above, in the event of a part, or all, of the description of a lot or lots contained in a catalogue being obtained from a third party – as in the case, but not solely, of computer-held records, - then such descriptions will be accepted as materially correct by each vendor, unless and until written notice
is given to the auctioneers prior to sale time, making full note of any inaccuracies and detailing the correction.
6.
All lots are the responsibility, and under the care, of the vendor, until such time as the hammer falls, when all such responsibility and care is immediately transferred to the purchaser, irrespective of whether or not full payment has been made, or part thereof, or none at all. Accordingly, the onus of
insurance is upon either the vendor or the purchaser, as the case may be, and under no circumstances do the auctioneers undertake to insure any goods offered for sale and/or goods subsequently sold. At no time, other than when due care is expected of an agent, do the auctioneers accept responsibility.
In the event of a private sale, the details of which are recorded in the auctioneers’ books, the sale shall be deemed to have been completed at the time that the details were recorded in the books of the auctioneers, and the lot or lots will be further deemed to have been sold in accordance with the conditions of sale
unless the auctioneers are advised to the contrary by the two parties to the sale.
7.
The highest bidder shall be the purchaser, as declared by the auctioneer. In the event of a dispute the auctioneer may, at his sole discretion, cause the lot or lots to be re-offered.
In the event of failure to comply with any of the conditions of sale or in the event of a dispute, the auctioneers reserve the right to re-offer any un-cleared lots for sale, whether by private treaty or public auction, with notice, and the right is also reserved unto the vendor to charge the original purchaser with the
deficiency (if any) and all other expenses incurred. IN the event of any surplus, this will be retained by the original vendor, subject to the usual deductions.
In cases of resale, the auctioneers are only responsible to the vendor for the sale price, less commission and other charges, based on the first sale.
8.
In the event of a claim by the purchaser under these or any other conditions of sale, alleging that a lot or lots is or are not in accordance with the description applicable at the time of sale, then, whilst the onus of proof is upon the purchaser, in the event of a successful claim the vendor will be
responsible to the purchaser for the full reinstatement of all costs as are necessary to prove such a claim. Under no circumstances are the auctioneers obliged to refund any charges they may have made, or be entitled to make, in respect of the original sale. Should the claim prove to be abortive, then all such costs
as have been involved in alleging such a claim shall be borne by the purchaser.
9.
Under no circumstances will the auctioneers accept any transfer of ownership from the original purchaser, who alone shall be held to be responsible for all the purchase monies, unless and until such a purchaser indicates, prior to the Auction, the identity of his principal or principals, and the
auctioneers then give written consent that they are prepared to accept such bidder as Agent for the declared purchaser or purchasers. This is notwithstanding the requirement of a purchaser to disclose the identity of his principal under Condition 11, as required and requested.
10.
The terms of sale are payment on the day by coin of the realm, certified cheque or bankers’ draft as otherwise agreed. Notwithstanding that, each purchaser shall, if so required or requested, immediately after his first purchase, declare in writing his full name and address and/or disclose the full name
and address and the account number on which any cheques may be drawn. The auctioneers may, at their own discretion, accept a cheque in payment of an account, but if this is not properly supported by a recognised bank cheque card, no stock or goods will be released, except as otherwise agreed, nor will full
payment be recognised until such time as the auctioneers’ bankers confirm that full credit has been acknowledged. The auctioneers request of buyers unknown to them the provision of, prior to sale time, suitable bankers’ and/or personal references, but, even so, they retain the right to insist on full payment by
coin of the realm, certified cheque or bankers’ draft, without giving any reason for so doing, nor implying that any person or persons is or are considered to be uncreditworthy.
After the first and subsequent purchase the auctioneers may request and require that full or part settlement of the amount involved is made, in the manner specified above.
Prospective purchasers are, therefore, respectfully requested to contact the auctioneers’ office for the time being, in order to present their credentials and to deposit any advance payment, references etcetera. This could well be of assistance in the prompt settlement of accounts after completion of the sale, by which
time all lots must be paid for in full.
11.
The auctioneers’ bankers are National Westminster Bank Plc, Market Place, Garstang, Preston, PR3 1ZA.
12.
Notwithstanding any of the above, the auctioneers reserve the right to charge interest at 3% over the base rate for the time being of the National Westminster Bank Plc on any outstanding accounts, from the day of sale until settlement.
13.
Commission will be charged per item at 10% on proceeds up to £100.00, thereafter 7% up to £500.00 and above that amount at 5%. There will be a minimum charge of £1.00 per lot.
14.
No responsibility will be accepted by the Auction Mart. for any damage done to any building, structure or freehold or to any stock, chattels of the like, during the sale.
FOR FURTHER INFORMATION PLEASE CONTACT: