Instructed by the Administrators of Joseph Rhodes Limited and Slater and Crabtree Limited
Horizontal Machining Centre
Double Column Plano Miller
12 Tonne Forklift Truck
Tel: 01134 673080
WS Richmond MTI Mag 210x297mm 10.17.indd 1
GENERAL CONDITIONS OF SALE
In these General Conditions the following words and expressions shall have the meanings set opposite:
any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to these
General Conditions and the Special Conditions;
the person conducting the Auction or to whom the conduct of the Auction is delegated under General Condition 4.9 below;
any person who offers to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender;
an offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be
any person who agrees to purchase any Lot whether at Auction or by private treaty or tender and as determined under General condition 4.12
a commission payable by the Buyer on the completion of a Sale the amount of which is set out in the Special Conditions; The Auctioneer, when
acting as Agent for the Seller, may also receive commission from the Seller.
the catalogue incorporating these General Conditions and the Special Conditions;
the sum payable by the Buyer to the Company as set out in the Special Conditions;
any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the
the premises at which the Lots are located, details of which are set out in the Special Conditions;
any Lot described in the Catalogue, on a relevant website or on the Company’s invoice;
any auction conducted over the internet via a relevant website pursuant to these General Conditions and the Special Conditions;
the sale of any Lot by Auction, private treaty or tender and as determined under General Condition 4.11 below;
the person upon whose instructions the Company is conducting the Sale, details of whom are set out in the Special Conditions;
any additions to these General Conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Company;
value added tax chargeable under English Law for the time being and any similar additional tax.
These General Conditions apply to every Sale of plant and machinery, chattels and trade stocks conducted by the Company.
These General Conditions, the Special Conditions and any terms set out in the Catalogue shall together comprise the "Conditions of Sale".
To the extent that these General Conditions are inconsistent with any Special Conditions, the General Conditions shall prevail.
Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.
These General Conditions shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-
Scotland in which case the laws of Scotland shall apply; or
Northern Ireland in which case the laws of Northern Ireland shall apply.
A reference to writing or written shall include e-mail.
Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions.
The Company offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.
The Auctioneer offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.
Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own
behalf as principal.
Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and the Company for all obligations and liabilities of his principal jointly and
severally with the principal. The Bidder warrants that he has the authority of his principal to make each Bid made.
Every Bidder is required to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the
Company before making any Bid and in the case of:
3.5.1. a Live Auction by the completion of a registration form;
3.5.2 an Online Auction by online registration at a relevant website; and
The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.
On registration for an Online Auction Bidders will be added to the Company's mailing list for the purposes of notification of future sales by email. If a Bidder wishes to
On registration in accordance with General condition 3.5 the Bidder acknowledges that only adults aged 18 years and over are entitled to enter into a legally binding
contract and as a result they are the only people entitled to register for the Auction. By registering the Bidder warrants that he is aged 18 years or older and is capable of
forming a legally binding contract and is not bidding or purchasing as a consumer.
4.2 The Seller, Auctioneer or any representative, agent or person acting on behalf of the Seller may Bid for any Lot. Persons entitled to Bid pursuant to this condition 4.2
shall be entitled to place Bids on any Lot up to the reserve price including by placing Bids in response to other Bidders.
4.3 Lot descriptions will be amended as appropriate as and when information becomes available to the Company. Prospective Bidders must read Lot descriptions before
making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on a relevant website or in the Catalogue in
relation to a particular Lot.
4.4 The Auctioneer may at any time before the conclusion of the Sale withdraw or divide any Lot or combine any Lots.
4.5 The Company may sell any Lot by private treaty or tender before or after the Auction. The Auctioneer may reject any Bid at his sole discretion and without being
required to give a reason.
4.6 No Bid shall be retracted without the consent of the Auctioneer.
4.7 The Auctioneer may where there is a dispute between Bidders, summarily determine the dispute or immediately again offer the Lot for sale, in each case without being
required to give a reason.
4.8 The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.
4.9 The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent the conduct of the Auction in accordance with these General
4.10 The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.
4.11 A Sale is concluded (constituting acceptance of the Bidder's offer, subject to General Condition 4.12 below) when:
4.11.1 in the case of a Live Auction, on the fall of the Auctioneer's hammer; and/or,
4.11.2 in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on a relevant website and as defined by General Condition 4.17.3
4.11.3 in the case of a private treaty or tender, when the Bidders Bid is accepted by the Company, such acceptance to be communicated to the Bidder in writing by
way of receipt of the Company’s invoice.
4.12 The Buyer shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.11 above subject to approval and acceptance
by the Company, the Auctioneers and the Seller or such other Bidder as the Auctioneer and/ or the Company may declare to be the Buyer without being required to give
a reason. The Auctioneer and/ or the Company and/ or the Seller is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.