DEE ATKINSON & HARRISON
CONDITIONS OF SALE FOR MACHINERY IN ENGLAND AND WALES
1. DEFINITIONS
In these conditions the following terms have the following meanings:
(i) “Auctioneers” means Dee Atkinson & Harrison
(I) Commission” means the commission charged on the sale of Lots.
(iii) “Conditions” means the standard terms and conditions of business set out in this document. Any further specific conditions will be contained in a separate statement of special conditions.
(iv) “Hammer Price” means the price at which a Lot is knocked down by the Auctioneers to the buyer exclusive of any Value Added Tax and Buyer’s Premium.
(v) “Lot” means any item offered for sale or sold as a single transaction in accordance with these Conditions.
(vi) “Buyer” means a person firm or company who purchases any Lot including any person firm or company acting as an agent for such a party in the purchase of that Lot in accordance with the Conditions.
(vii) “Reserve Price” means the minimum price fixed by the Seller in writing at which any Lot is to be sold at the Sale.
(viii) “Sale” means a sale of the Lots by auction organised by the Auctioneers.
(ix) “Storage location” means the venue at which the specific lot is stored during the sale period and available for viewing on the viewing dates.
(x) “Vendor” means a person firm or company including any person firm or company acting as an agent for such a party who offers for sale a Lot in accordance with these Conditions.
(xi) “Vehicle” means any tractor self-propelled machine or other vehicles.
(xii) “Auction Period” means the duration of the timed auction as advertised. Any time periods running from the end of the auction period commence at the closing time of the auction period.
(xiv) “Working Day” means each day calculated from midnight from Monday to Friday inclusive in any week except that a Bank Holiday or other public holiday shall not be a Working Day.
Except where the context otherwise requires:
- words denoting the singular include the plural and vice versa
- words denoting one gender include the other gender
- words denoting persons include both natural and legal persons.
References to any regulation directive statute statutory instrument other legislation or official document include any amendment re-enactment and any other subsequent alteration of that legislation.
2. STATUS OF CONDITIONS OF SALE
(i) All persons registered to bid in any capacity are deemed to bid on the understanding that they have read and understood these Conditions. These Conditions may be supplemented or superseded by Special Conditions applicable to specific Sales, any such special conditions will be noted within the descriptions of specific lots or on under the sale terms & conditions notes.
(ii) No employee or agent of the Auctioneers has any authority to vary these Conditions.
(iii) Any dispute arising under these Conditions shall be determined in the first instance by the Auctioneers whose ruling shall be binding on the conduct of the auction. If such an issue including any dispute under Clause 9 remains in dispute after the auction it may be referred by the Buyer the Seller or the Auctioneers to arbitration or if the parties agree independent expert determination within the period of ten working days starting on the date of the Sale by a person agreed between the parties in dispute or failing such agreement by a person appointed by the President of the Central Association of Agricultural Valuers on the application of any of the parties within that time paying such fee as may be charged for that service. The parties agree to meet the professional fees and costs of that person as he shall direct and to be bound by his award both as the matter of the dispute and as to the parties’ costs.
(vi) Any indemnity under these Conditions shall be an indemnity in respect of all actions proceedings and costs including legal costs expenses claims and demands whatever incurred or suffered.
3. HEALTH AND SAFETY
(i) All persons viewing a lot do so at their own risk and with notice of the condition of the premises and their contents.
(ii) All persons viewing a lot are hereby made aware that there may be significant risks at the Storage Location including moving machinery and equipment; Caution should be exercised at all times and children and animals/pets must be fully supervised at all times.
(iii) All persons viewing a lot must take notice of all specific health and safety notices on display at individual sites. If in doubt, please consult the Auctioneer in charge or the owner of the site.
(iv) Any accidents or incidents that occur on the Storage Location must be immediately reported to Dee Atkinson & Harrison and the Vendor and details recorded in the appropriate accident books. No powered machinery or equipment should be started without the prior approval of the Auctioneers & the vendor.
(v) Any vehicles brought onto the Storage Location to collect lots should be operated with extreme caution and within a 5mph speed limit. Loading using machinery should only be undertaken by suitably qualified and experienced operators. All loading and unloading of items is carried out at the purchasers risk and arrangements to ensure safety at all items should be in place.
(vi) The Auctioneers shall have the right at their discretion to refuse admission to their premises or those of their clients by any person.
4. AUCTIONEERS STATUS
(i) The parties to the contract of sale are the Seller and Buyer.
(ii) The Auctioneers sell as agents for the Seller and as such are not responsible for any default of the Seller or Buyer.
(iii) The Auctioneers includes any employee or agent of the Auctioneers who at the relevant time has the authority to conduct an auction sale.
(iv) The Auctioneers shall have discretion as to the description of any item and may take expert advice on any item, whether from a qualified electrician, agricultural engineer or other person, at the Seller’s expense to ensure that the item is sold in a professional and legal manner.
(v) The Auctioneers may make such announcements or publish such information supplied by a Seller about any Lot as they in their discretion think fit.
(vi) The Auctioneers shall have absolute discretion without giving any reason:
(a) to refuse any bid
(b) to divide any Lot
(c) to combine any two or more Lots
(d) to withdraw any Lot from the auction, and
(e) in case of dispute, to offer any Lot for sale again.
5. EXCLUSION OF LIABILITY
The Auctioneers shall not be liable for any expense loss claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including any Lot) nor in any respect of personal injury to or death of any person before or arising out of or in the course of or caused by the Sale except to the extent that the same is due to the negligence of the Auctioneers their servants or agents.
6. VENDORS WARRANTIES
The Seller warrants to the Auctioneers and to the Buyer:-
(i) His identity
(ii) That he is the true owner of the Lot or is authorised by the true owner to act as Agent in offering the Lot for sale.
(iii) That he is able to transfer a good and marketable title to the Lot free from any third party claims liens and encumbrances.
(iv) That no Lot is subject to a Hire Purchase lease contract hire or any other similar agreement or has been recorded by an insurance company as a write off or as subject to a major insurance claim.
7. CATALOGUES & ADVERTISEMENTS
- All statements contained in the catalogues and adverts as to any lot are made without responsibility on the part of the Vendors or the Auctioneers, and such statements as to authenticity, genuineness, age, condition or quality, of any lot, are statements of opinion, and are not to be taken as statements or representations of fact.
- The auctioneers cannot be held liable for any costs incurred by any person in reliance of the description of a lot, all purchasers should view lots in the flesh or ensure they have satisfied themselves that all descriptions and facts stated are in fact reliable. Similarly, auctioneers cannot be held liable for costs incurred in travel or time should a lot be withdrawn from the auction without purchaser notification.
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8. RESERVE PRICE AND BIDDING
(i) No person may bid without warranting their identity to the Auctioneers.
(ii) Any person intending to bid as an agent for a potential Buyer must notify the Auctioneers in advance of the Sale and confirm the arrangements for payment of the goods to the satisfaction of the Auctioneers.
(iii) The Auctioneers may accept written instructions to bid on behalf of any prospective Buyer but with no liability in the case of any error arising out of such instructions. Any instructions accepted shall be at the risk of the prospective Buyers who will be deemed to have viewed the Lot. The Auctioneers accept no responsibility in connection with the commissioning of their staff to bid for a Lot. It is the responsibility of the Bidder to ascertain if he has been successful.
(iv) The Auctioneers may at their discretion make arrangements to receive bids over the telephone or otherwise from prospective Buyers not physically present at the Sale. Where such a facility is offered prospective Buyers wishing to use it must register with the Auctioneers in advance of the Sale. The Auctioneers accept no liability in relation to telecommunications facilities and connections nor to the means by which such prospective Buyers may seek to communicate with the Auctioneers.
(v) Bids shall be made exclusive of any VAT and Buyer’s Premium which may apply.
(vi) The Purchaser shall be the person who makes the highest bid acceptable to the Auctioneers.
(vii) The bidding increments will be regulated by the Auctioneers. The Purchaser shall not make any set-off or other plea for non-payment of the purchase money, and shall be liable to the Auctioneers for any unpaid purchase money whether or not the lot bought has been delivered.
(viii) All Lots must be inspected by the Purchaser who bids on the understanding that he has inspected (or is deemed to have inspected the Lot for which he is bidding and agrees to take it with all faults and imperfections.
(ix) The Auctioneers may without giving any reason, refuse to accept the bidding of any person.
(x) The Auctioneers and/or the Vendor reserve the right to fix a Reserve Price and alter this at any time during the auction, for any lot.
(xi) Although the right to alter reserves is reserved it is expected that all vendors must set a reserve prior to sale and this must not be changed. If no reserve is added at the start of the sale, a reserve should not be added after. Vendors can move reserves down in value but not up in value once the auction has commenced.
(xii) Lots that are entered, advertised and promoted by the auctioneers but then sold privately out of the auction will attract a reasonable administration fee to cover the auctioneer’s costs. The auctioneer will not be held liable for a seller defaulting on the conditions of sale in this way.
9. PAYMENT
(i) All Purchasers must register their names and addresses before they are permitted to bid in an online sale, The Auctioneers reserve the right to reject or terminate any registration at its sole discretion.
(ii) On conclusion of the Auction period Dee Atkinson & Harrison will notify the buyer by email, Post or Telephone to confirm:
(a) That the Buyer is the winning bidder
(b) The amount of the successful bid
(iii) Attached to the notification email or posted invoice will be an invoice for the amount of the winning bid plus any relevant commission or premium and VAT due.
(iv) All lots must be paid for within 3 working days of the conclusion of the Auction period unless alternative arrangements are made prior to the auction ending and have been confirmed by the auctioneers.
(v) The Auctioneers may at their absolute discretion, agree to accept payment by such other means or such other manner as they see fit.
(vi) All payments must be made by BACS otherwise strictly by arrangement Bankers Draft, Debit Card, or Credit Card.
(vii) The auctioneers reserve the right to charge the buyer interest on any payment outstanding from five working days after the date of the invoice together with any reasonable debt recovery charges such rates and charges for all transactions to be those prescribed by the Late Payment of Commercial Debts (interest) Act 1988 as amended.
(viii) If the auctioneers have paid the seller the sale proceeds due for a lot before the buyer has paid the auctioneers in full for the lot then the auctioneers shall have lien on the lot until the outstanding amount is paid in full by the buyer to the auctioneers.
(ix) In the event of any sale by the buyer of a lot that has not been fully paid for the buyer will hold the proceeds of such sale on trust for the auctioneers to discharge the lien referred to at Clause 10(viii).
10. RESERVATION OF TITLE
Even though risk in the lot has passed to the Purchaser, title to any lot will remain with the Vendor until the Purchaser has paid the purchase money for that lot in full, and in the case of uncleared funds the sum until full payment has cleared the Auctioneers’ bank account. Until title has passed to the Purchaser under this Condition, the Vendor may recover possession of the lot from the Purchaser, and the Vendor or the Auctioneers may enter upon the Purchaser’s premises (or such premises where the lot is held) in order to do so.
11. RESPONSIBILITY FOR LOTS & COLLECTION OF LOTS
(i) After the close of the sale such risk and duty shall devolve upon the Purchaser to ensure the lot is used safely, kept secure and is in a legal condition to travel or operate and the Auctioneer accepts no liability for damage loss or theft of any items.
(ii) Buyers should in all cases make collection within one week of the conclusion of the auction unless other terms are stipulated at the time of sale or prior arrangements have been made. Purchasers risk forfeiting an item if not collected after this time period irrelevant of whether the item has been paid for in part or full. Where vendors request items to be removed after this period or sooner than the end of this time period, purchasers will be given 2 weeks written notice either by email, post or both by the auctioneers and then have to make collection or forfeit the item and lose any right to collect or claim it.
(iii) Purchasers should not enter or arrive at a vendors property without the vendor agreeing to an appointment or having been provided with authorisation in the form of collection details from the auctioneers.
- Where vendors, the auctioneers or contracted parties assist with the loading or removal of items no liability is held by the removing party in terms of damage, injury or method. Purchasers can and should make their own arrangements if they hold concerns.
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12. VALUE ADDED TAX
(i) The Auctioneers will add Value Added Tax at the appropriate rate to the Hammer Price of a Lot.
(ii) If a Lot is zero rated exempt or where the Seller operates the flat rate scheme for Value Added Tax purposes the Auctioneers will state this at the commencement of sale.
(iii) Where the Seller does not advise the Auctioneers of the appropriate rate of or status for VAT of a Lot the Auctioneer will apply the rate or status that appears appropriate from the information available to them and will not accept liability for any errors.
(iv) The Auctioneers require Buyers from countries in the European Union who are registered for Value Added Tax to supply the Auctioneers with their VAT number or equivalent fiscal number and other relevant information so that the Lots purchased may be invoiced without Value Added Tax. Where this information is not made available or where the Buyer is not VAT registered, VAT will be charged at the appropriate UK rate in addition to the Hammer Price of the Lot. This amount will not be recoverable. It is the responsibility of such a Buyer to ensure that he or his haulier completes and signs a “collection certificate” from the Auctioneers’ office prior to collection of the Lot purchased so that Value Added Tax is not charged at the standard UK rate and be irrecoverable.
(v) Buyers from countries outside the European Union will be required to pay a VAT deposit equivalent to the standard UK rate of VAT on the Lot which will be refunded if within three months of “the time of supply” the Auctioneers are supplied with a satisfactory Bill of Loading or Certificate of Shipment as proof of shipment of the Lot outside the European Union, failing which the VAT deposit will be paid over to Her Majesty’s Revenue and Customs.
13. WARRANTY AND INSPECTION OF GOODS
(i) Unless a warranty is specifically given for a particular Lot at the time of the Sale all Lots are sold with all faults and imperfections and errors of description. Purchasers should satisfy themselves prior to the sale of the Lot as to the condition of each Lot and should exercise and rely on their own judgement as to whether the Lot accords with its description and not reply on the vendors or auctioneer’s description. Neither the Auctioneers, their servants or agents are responsible for errors of description or for the genuineness or authenticity of any Lot. Unless otherwise stated no warranty is given by the Auctioneers, their servants or agents or by any Vendor to any Purchaser in respect of any Lot and any express or implied conditions or warranties are excluded to the fullest extent permitted by law.
(ii) If any Lots are described at the same time of the Sale as in “working order” such Lots shall have no defect which renders them incapable of the reasonable work for which they are intended and they must be capable of performing such work for a period of 7 days commencing at 12 noon on the sale day subject always to Clause 17 set out below.
(iv) Any Lot described by the Vendor as “just overhauled”, “straight from work”, “worked up to date of Sale” or “as new” or any other description calculated to mislead Purchasers will be deemed to have been sold with a warranty that such Lot is in “working order” and therefore has no defect which renders it capable of the reasonable work for which it is intended and it must be capable of performing such work for a period of 7 days commencing at 12 noon on the sale day subject always to Clause 17 set out below.
14. COMPLIANCE WITH ROAD TRAFFIC ACTS
The Purchaser of any vehicle or trailer is responsible for complying with all legal requirements as to the construction and the use of such vehicle or trailer and for obtaining all certificates, permits or other authorization necessary before such vehicle or trailer can be used on the road.
15. HEALTH AND SAFETY AT WORK ACT 1974 AND ALL OTHER ACTS AND REGULATIONS APPLICABLE TO HEALTH AND SAFETY
(i) The Purchaser of any Lot is responsible for complying with all legal requirements as to the safe use of Lots purchased at the Sale and shall ensure compliance with all relevant legislation relating to the safe use of such Lots.
(ii) The Purchaser will be deemed to have inspected any Lot and will be solely responsible for ensuring that the Lot complies with the Health & Safety at Work Act 1974 and in particular Sector Information Minute 01/2006/03 as issued or subsequently amended by the Health and Safety Executive or subsequent governing body prior to commencing use or work with such Lot.
(iii) The Purchaser will provide if requested by the Vendor or the Auctioneer acting as Agent on behalf of the Vendor a written undertaking pursuant to Section 6(8) of the Health and Safety at Work Act 1974 to confirm that all duties under Sections 6(1)(a) or 6(1a) of the Health & Safety at Work Act 1974 have passed to the Purchaser at the fall of the hammer.
16. NOTIFICATION OF DEFECTIVE LOTS
(i) Any Purchaser disputing the accuracy of any description or alleging breach of warranty of the Lot purchased shall notify the Auctioneers as soon as practicable and no later than 12.00 noon on the third working day following the Sale at which the Lot was purchased and shall return such Lot to the Storage Location not later than seven days following such Sale together with a competent engineer’s report (if so required by the Auctioneer) setting out full details of the defect alleged.
(ii) The Auctioneers may appoint as arbitrator any person including but without limitation any partners of their own firm or any person in their employ who decision shall be final and binding on the Vendor and the Purchaser.
17. RESALE DUE TO FAILURE OF COMPLIANCE
(i) On failure of compliance with the Conditions, the Auctioneers may without prejudice to any other rights they may have, resell the Lot or Lots, either by public auction or private contract and the deficiency (if any) arising upon the resale together with all expenses shall be due as a debt by the defaulter of the first sale.
(ii) The defaulter shall not be entitled to any surplus which may arise by such re-sale, which shall remain the property of the Auctioneers.
(iii) Expenses shall be deemed to include the usual Auctioneers’ commission on the re-sale and all expenses for porters, advertising, market tolls, carriage, care, storage, keep and otherwise.
18. AUCTIONEERS’ RIGHT TO ANNUL SALES
(i) In the event of any dispute, refusal to pay, lack of communication or of non-payment on the part of the Purchaser, the Auctioneers may, entirely at their discretion, annul and cancel the sale of such Lot of Lots.
19. REMOVAL OF LOTS FROM STORAGE LOCATION
(i) All Lots whether sold or unsold may not be removed from the Storage Location without a pass or paid invoice for the removal of Lots. Passes or Paid invoices must be obtained from the Auctioneers’ Offices or by email or post. All Lots must be checked out by a Representative of the Auctioneers or the Vendors themselves.
(ii) The buyer has no right to anything not described in the sales description.
(iii) The buyer will be responsible for removal of lots at his own expense and must provide his own labour and equipment. Such removal must be carried out safely and lawfully and in accordance with any conditions of sale of which the buyer is notified.
(iv) All Lots purchased must be cleared from the Storage Location within seven days of the date of the Sale in which they were purchased unless otherwise stated or arranged.
(v) The Auctioneers reserve the right to sell entirely without reserve by auction at the next, or at any future Sale, any sold or unsold Lot which remains in the Storage Location for longer than the times specified in clause 20(iv) above, unless they have received and accepted in their sole opinion a satisfactory explanation in writing from the Purchaser or Vendor as to why the Lot remains in the Storage Location.
20. BUYER’S PREMIUM
Where the Auctioneers state before the Sale in the catalogue or special conditions a Buyer’s Premium together with Value Added Tax may be charged to Buyers calculated on the basis of the Hammer Price at a rate to be stated in that announcement.
21. DATA
21.1 Use of Data
Dee Atkinson & Harrison uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
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21.2 Retention of Data
Dee Atkinson & Harrison will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Dee Atkinson & Harrison will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
21.3 Transfer Of Data
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Dee Atkinson & Harrison will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
21.4 Disclosure Of Data
Disclosure for Law Enforcement
Under certain circumstances, Dee Atkinson & Harrison may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
Dee Atkinson & Harrison may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Dee Atkinson & Harrison
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
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21.5 Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
21.6 Your Rights
Dee Atkinson & Harrison aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you
- To rectify any Personal Data held about you that is inaccurate
- To request the deletion of Personal Data held about you
- You have the right to data portability for the information you provide to Dee Atkinson & Harrison. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
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Please note that we may ask you to verify your identity before responding to such requests.
21.7 Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
21.8 Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
21.9 Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
21.10 Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
21.11 Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
21.12 Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: simon@dee-atkinson-harrison.co.uk
By phone number: 01377 241919
By mail: 56 Market Place, Driffield, YO25 6AW
21.13 Updating your preferences and opting out
If you wish to stop receiving communications from us, you can update your preferences on the auction platform.
