CONDITIONS

These conditions, together with any special conditions ("Special Conditions") in the accompanying invitation to tender document, are the only terms and conditions subject to which Edward Symmons & Partners ("the Agent") as agents for the vendor ("the Vendor") will invite tenders and sell by tender goods to a purchaser ("the Buyer") and all other conditions and warranties whether expressed or implied (as are capable of lawful exclusion) are hereby excluded. If there is inconsistency between any of these conditions and any Special Conditions, the Special Conditions shall prevail.
 

INSPECTION

Buyers are advised to make their own inspection of the goods at the times and at the premises specified in the accompanying invitation to tender document and to satisfy themselves on all matters affecting the goods before submitting a tender.
When viewing the goods laid out in the display areas, visitors should be aware that items must not be moved away from their display positions and no equipment may be plugged into the electricity supply outlet sockets.
 

DESCRIPTION AND CONDITION

Goods are believed to be correctly described in the accompanying invitation to tender document, but all goods are sold without any warranty or condition as to description and with all faults and imperfections. Neither the Vendor nor the Agent, their servants or agents shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any goods purchased, any errors of description in the accompanying invitation to tender document, any miss-statements as to any matter affecting the goods or the failure of the goods to fulfil the functions for which they were intended. Neither the Vendor nor the Agent, their servants or agents makes or gives, nor has any person in the employment of the Agent any authority to make or give, any representation or warranty in relation to any goods.
 

CONDUCT OF SALE

The Agent reserves the rights of admission to the premises and grounds. The conduct of the sale shall be at the Agent’s sole discretion. If any dispute of whatsoever nature relating to a tender shall arise, such dispute shall be determined by the Agent in their absolute discretion whose decision shall be final and binding on all parties.
 

METHOD OF TENDERING

Buyers may tender for individual goods or for the whole.
 

COMPLETION OF TENDER FORM

The Form of Tender attached to the accompanying invitation to tender document should be completed in the manner indicated and forwarded to Edward Symmons & Partners to arrive at their offices before the time and date advertised in the Special Conditions for the opening of tenders. The Vendor reserves the right to consider or reject tenders received after that time. No tender shall be withdrawn after it has been received.
 

ACCEPTANCE OF TENDERS

Tenders will be opened on the date specified in the Special Conditions and buyers will be informed of the acceptance of tenders as quickly as possible. The Vendor does not undertake to accept the highest or any tender and reserves the right to withdraw all or any goods from the advertised sale at any time before a purchase is declared and to deal with such goods in any manner as it may in its sole discretion decide. If amongst the highest tenders there are two or more equal amounts, the Agent shall declare the buyer at their discretion.
 

INSURANCE

As from the date and time the Buyer is declared, all risks in and relating to the goods shall pass to the Buyer and the Buyer is strongly advised to effect insurance for these risks at once. Neither the Agent nor the Vendor will be responsible if any goods or part thereof be lost, stolen, damaged or destroyed after the Buyer is declared.
 

PAYMENT

The full amount of the purchase consideration shall be sent to the Agent to arrive not later than the final date for payment specified in the Special Conditions (time being of the essence). Payment must be made in cash or bankers draft only. Cheques will not be accepted.
 

TITLE

The Vendor shall only sell such title to the goods as he may have.
Title to each of the goods will not pass until:-

  1. such goods, and all other goods sold pursuant to any other transaction between the Buyer and a vendor on whose behalf the Agent was acting as agent where at the due time for full payment of the price of the goods sold under these conditions payment has not been made in full, have been paid for in full; and
  2. such goods have has been removed from the premises in their entirety.
 

CLEARANCE

No goods or part thereof can be cleared until payment in cash or approved bankers draft has been made in full. The Buyer should make their own arrangements for clearing goods purchased and loading onto vehicles and no goods shall be cleared without the authority of the Agent and unless under the supervision of the Agent’s servants or agents. Clearance shall take place during the times, (and must be completed by the time and date, as specified in the Special Conditions (and in every case time shall be of the essence).
The Buyer has no right to anything not described in the accompanying invitation to tender document.
Delivery of goods sold will be made only to the declared Buyer and no transfer of any part of any goods to any other person will be recognised.
Prior to the clearance of any goods the Vendor may rescind the contract for the sale of those goods and refund to the Buyer any money paid by the Buyer for the goods should any third party claim title to or possession of any part of the goods.
The Buyer will be responsible for removal of goods and must provide their own labour and equipment.
The Agent requires that in pursuit of safe working practice all equipment used for lifting and transporting heavy items which have been purchased by the Buyer should be covered by appropriate insurance and registration documents (especially in relation to cranes, lifting tackle and fork lift trucks). Documentation may be required for inspection. Appropriate protective clothing, such as hard hats and safety shoes, must be worn during these activities, and due regard paid to safe material handling practices.
 

DAMAGE TO PREMISES

The Buyer shall be responsible for the removal of all articles at his expense and risk and such removal must be carried out safely and lawfully and in accordance with the Vendor’s conditions of safety where applicable. All electrical installations must be left in a safe condition during and after the removal and the use of explosives or flame cutting equipment or any other potentially hazardous or inflammatory process shall not be permissible on the site without the express written consent of the Agent. The Buyer takes on responsibility to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents detaching, disconnecting or removing any goods purchased by the Buyer. At their discretion the Agent may require payment of a deposit to the Agent prior to and/or during the removal which will be refunded on the removal being completed to the Agent’s satisfaction. If the Buyer refuses to deposit such monies, the Vendor or the Agent may refuse the Buyer access to the premises for the purposes of the removing the goods purchased by them and/or rescind the sale in which event the provisions of Condition 13 will apply.
 

DEFAULT BY BUYER

Upon failure for whatsoever reason:-

  1. to pay the purchase price in full on the due date; or
  2. to remove any goods from the premises on or before the date specified in the Special Conditions for clearance
    the Vendor will be entitled to rescind the contract forthwith without incurring any liabilities to the Buyer and, without prejudice to any claims of the Vendor and/or the Agent against the Buyer arising from breach of contract or otherwise, upon rescission as aforesaid the following provisions apply:
    1. all monies deposited in part payment will be forfeited out of which the Vendor’s and/or Agent’s expenses referred to in paragraph (d) below shall be paid;
    2. if the goods have been cleared in breach of these conditions, the Vendor and/or the Agent by their servants or agents may enter the premises of the Buyer to recover such goods;
    3. goods may be re-sold or otherwise disposed of by the Agent in the manner they feel appropriate at their sole discretion and any deficiency arising upon the resale together with the expenses of it shall be due as a debt from the Buyer in default upon the first sale. Neither the Agent nor the Vendor shall be liable to account to the Buyer in the event of a re-sale at a higher price than the price contracted to be paid by the Buyer;
    4. the Buyer will be responsible from the specified time for final clearance for all losses and expenses incurred by theVendor and/or the Agent including storage, security and removal expenses, the costs of re-selling or disposing of goods and sales commission.
 

AGENT

The Agent acts only as agent for and on behalf of the Vendor and shall not be held responsible for any action or default on the part of either the Vendor or the Buyer.
 

ACCIDENT OR DAMAGE

Neither the Agent nor the Vendor will accept any responsibility for any accident, which does not arise out of their negligence, resulting in death, injury or damage howsoever caused to any person which may occur whilst on the Agent’s or Vendor’s premises before during or after the sale and any person entering the premises does so at his own risk.
 

VAT

All offers will be made exclusive of value added tax which, where applicable, will be added to the invoice payable by the Buyer.
 

HEALTH AND SAFETY AT WORK ACT 1974

It is expressly brought to the Buyer’s attention that, at the time of sale, any item of plant, machinery or equipment contained in the goods may not necessarily comply with the Health and Safety at Work Act 1974 or any other Act or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Successful buyers of any such plant, machinery or equipment are hereby required to ensure so far as reasonably practicable that such item will be safe and without risk to health and that the use of any such items at a place of work within the United Kingdom does not contravene any such Act or Regulation applicable to such use.
 

DANGEROUS SUBSTANCES

It is expressly brought to the attention of Buyers (successful or otherwise) that certain types of plant or main service installations could contain blue and white asbestos, dangerous chemicals etc. which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work Act 1974 Sections 2-9, or other current legislation regulating the use of such substances in a working environment.
The Buyer shall ensure so far, as is reasonably practicable that they comply with the Health and Safety at Work Act 1974 or other current legislation in connection with the removal, handling or transport of such dangerous substances or shall employ a specialist contractor to remove them. The Buyer will indemnify the Vendor, their servants and agents against any losses, damages or expenses suffered by them as a result of the Buyer’s or a sub-contractor’s failure to comply with this legislation.

 

THE CONSUMER PROTECTION ACT 1987

No goods are sold as new.

 

GOVERNING LAW

These Conditions and any Special Conditions shall be governed by and constructed in accordance with English Law. All transactions to which these conditions and the Special Conditions apply and all connected matters shall also be governed by English law.

 

 I have read and agree to be bound by the above Terms & Conditions.