1. Definitions In these conditions references to: (a) “The Agent” means the firm of Marriott & Co. or any Partner or employee thereof at the time of Sale; (b) The “Buyer” shall have the meaning ascribed to it in Condition 6 and the “Buyers” shall been deemed to be principals (for the purpose of these conditions), unless to the knowledge of the Agent they are acting as agents on behalf of a named principal; (c) The “Seller” means the person owning or having the right to sell the lot; (d) “Lot(s)” means such goods, vehicles, computers and/or other items which are the subject of the Sale by Tender; (e) The Interpretation Act 1978 applies to the terms and expressions used in these conditions as if contained in the statute, and these conditions shall be governed by English Law. 2. The Condition of Goods Whilst every care has been taken in the preparation of any advertisement brochure and other publication, they are necessarily statements of opinion and must not be relied upon as statements of fact. Neither the Seller nor the Agent is responsible for the correctness of any description of any lot. The Agent sells as agent for the Seller (unless otherwise specifically declared). The Agent is not in a position to know the history or assess the quality of the lots. Lots sold are likely to have been subject to wear and tear caused by use or the effects of age and may have faults and imperfections. Buyers are given opportunities at the viewing times to examine lots and will be assumed to have done so. They must rely solely on their own skill or judgement as to whether lots are fit for any particular purpose and whether they comply with the catalogue description. 3. Personal Risk and Damage to Property Every person on the premises where the lots are being exhibited or sold before, during or after the sale are: (a) Deemed to be there at their own risk and neither the Seller nor the Agent shall be liable for any loss, accident or injury sustained howsoever caused; and (b) Responsible for any damage they, their carriers or other agents may cause to any lot, to the premises or any other property. 4. Duties of Persons Present All persons present at the sale agree to refrain from conduct which may cause a nuisance to others present and to indemnify the Agent against the consequences of any proceedings brought against them in respect of such conduct. 5. Offers All offers shall be submitted in the manner prescribed by the Agent, and shall be treated as being made upon these Conditions of Sale and on the basis that the party making the offer has notice of these conditions. All offers shall be binding upon the party making the offer unless otherwise notified by the Agent. 6. Ascertainment of the Buyer The Buyer shall be the person making the offer which is acceptable to the Agent; the Buyer will be informed in writing accordingly. 7. Agent’s Discretion The Agent has sole discretion to refuse any offer, to withdraw any lot, and exclude any person from the sale site. 8. Buyer’s Premium and Value Added Tax The Buyer shall pay a 10 per cent premium on the purchase price of each lot whether sold by tender or private treaty (such premium to belong to the Agent), together with Value Added Tax at the current rate on the purchase price of each lot (unless the lot is notified as not attracting Value Added Tax) and on the premium. 9. Duties of Buyers The Buyer shall: (a) Pay the full purchase price together with any chargeable Value Added Tax by the time/date stated overleaf; (b) In accordance with the Health & Safety at Work Regulations and Construction Design & Management Regulations, the Buyer may be required to provide a “Method Statement” and/or “Risk Assessment” for approval by the Seller and/or the Agent prior to the removal of any lots. The Buyer is responsible for electrical disconnections which must be carried out by a suitably qualified electrician, and the Buyer is responsible for the removal of any fluids and/or waste in and around the lot(s) strictly in accordance with the Control of Substances Hazardous to Health Regulations; (c) On proof of payment and by appointment, remove the goods expeditiously and by the time/date stated overleaf; (d) Where lots are fixed to land and/or buildings, detach such lot safely and lawfully without the use of flame cutters, explosives or any other dangerous equipment or processes (unless with previous written permission of the Agent) and forthwith make good any damage to the land and/or buildings and the Buyer undertakes to indemnify the Agent and (where appropriate) the Seller against any costs, damage, claims and demands arising upon such removal. The Agent may require prior to removal a sum from the Buyer to cover the likely damage caused by such removal. The Agent shall be entitled to exercise a lien on any lot purchased by the Buyer until all or any damage or loss has been paid in full. 10. Liability of the Agent and Sellers (a) Lots are sold with all faults and defects and with all errors of description and neither the Seller nor the Agent is responsible for any defects whatsoever. All implied conditions relating to description, fitness and quality are accordingly excluded; (b) The Seller and the Agent do not make or give, nor has any person in the employment of the Agent any authority to make or give, any express representation or warranty with regard to any lot - except as provided by Condition 11 below. 11. Risk and Passing of Property Subject to Condition 15 below, the Seller warrants to the Agent and to the Buyer that the Seller is the true owner of the lot or is properly authorised to sell it. Each lot is at the sole risk of the Buyer upon acceptance of the Buyer’s offer. Title shall not pass to the Buyer until payment has been made in full and until such time the Agent shall have a lien on the lot. 12. Default by the Purchaser If the Buyer fails to comply with his duties, the Agent shall have the right to: (a) Resell the lots by Public Auction or otherwise without notice to the Buyer, and if any loss arises from such a resale after deducting the Agent’s full costs and expenses, the Buyer shall be responsible to the Agent for that loss (any net surplus to be the Seller’s); and (b) Where a deposit is paid, to forfeit that deposit; and (c) Charge interest on any unpaid balance at the rate of 2 per cent above base rate from time to time; and (d) Charge for storage arising after the time for removal at the rate of 25 per cent per annum of the sale price and to release the lots in question to the Buyer only after payment in full of all storage and removal expenses incurred (as well as the full purchase price). 13. Computer Software and Data The sale of any computers specifically excludes any software and/or data that may be held on computer carrying media, and the Buyer undertakes to not use and to remove and/or re-licence any software and to not use and to remove all data within the meaning of the Data Protection Act 1998 from the computer carrying media. 14. Safety of Machinery, Vehicles and Portable Appliances (a) Lots may not comply with the Health and Safety at Work Act 1974 or other relevant safety legislation. Accordingly the Buyer undertakes not to use any lot purchased until satisfied that it complies with the relevant Acts and Regulations relating to such machines and equipment, to handle correctly any toxic chemicals and dangerous substances, and to indemnify the Agent against any failure to observe this undertaking; (b) In the case of the sale of vehicles, no vehicle is warranted or held out to be roadworthy; the Buyer undertakes to ensure that no vehicle is used unless it complies with the Road Traffic Acts and other relevant legislation; the odometer reading of vehicles is not warranted; (c) All goods sold are sold as used and are not supplied as new; (d) This sale is subject to Marriott & Co. being satisfied that all electrical and/or gas portable appliances are safe, and the Buyer must allow access for a competent person nominated by Marriott & Co. to inspect and carry out any necessary portable appliance tests (at the Seller’s expense); any item failing a safety test will be excluded from the sale and scrapped. 15. Insolvency and Death Where the Agent conducts a sale on behalf of a Seller who is the Administrative Receiver, Administrator, Liquidator or Supervisor of a limited company or Trustee in Bankruptcy or Supervisor of an individual: (a) The Seller shall only act as an agent on behalf of the company or bankrupt or individual (as the case may be) and shall be under no personal liability whatsoever in respect of the contract for sale of any lot; (b) The Seller and the Agent on his behalf sell whatever right, title or interest the company, bankrupt or individual may have in the lot; no warranty is given or authorised to be given by the Seller nor the Agent with regard to the Seller’s title to any lot(s) sold; any claims with regard to retention of title or other claims to the lot(s) will be the responsibility of the Buyer without any recourse to the Seller or the Agent; no adjustment will be made if it subsequently transpires that the lot(s) are subject to third party ownership; (c) If before title to any lot has passed to the Buyer, being an individual, he dies or enters into a composition or arrangement for the benefit of his creditors or has a Receiving Order in Bankruptcy made against him, or being a body corporate, has a Receiver or a Receiver and Manager or an Administrator appointed or goes into Liquidation or enters into an arrangement for the benefit of its creditors, then in all such cases the contract for sale for such lot may be, at the Agent’s discretion, rescinded without notice to the Buyer. Upon recision, any deposit paid by the Buyer shall be forfeited and the Agent shall be entitled to exercise the rights set out in these Conditions of Sale on the basis of a deemed default by the Buyer.
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