CONDITIONS OF SALE

1.     Throughout these terms and conditions the following definitions shall have effect:-
“The Auctioneer” means Asset Management Services (UK) Ltd
“The Buyer” means the highest bidder for each Lot
“The Vendor” means the person, partnership, firm, or company instructing the Auctioneer to sell each Lot and includes the Vendor’s agents.
“Lot” means any goods comprised in a Lot referred to in the Catalogue of which these conditions form part

 

 

2.     These Conditions and associated key terms govern the sale by the Auctioneer of each Lot to the exclusion of all other terms and conditions. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

 

3.     The Auctioneer reserves the right to fix a reserve price for any Lot.

 

 

4.     The Auctioneer may, at his discretion or upon the instruction of the Vendor:-

o    Alter or withdraw any Lot up to the moment at which the hammer falls in relation to such Lot.

o    Where a reserve has been placed on any Lot, withdraw that Lot in the event that the highest bid does not meet the reserve.

o    Where two or more consecutive Lots are similar in quantity and description, offer the second and subsequent Lots (or any of them) to a Bidder purchasing the first Lot at the same price.

 

 

5.     The Auctioneer sells as agent for the Vendor and as such are not responsible for any defect of the goods and/or default by the Vendor or the Buyer.

 

 

6.     The Vendor may bid for any Lot offered at the Auction.

 

 

7.     The highest bidder for each Lot shall be the Buyer. If any dispute arises between the Bidders, the Auctioneer may at his discretion decide to either re-sell the Lot in dispute, decide the dispute or withdraw the Lot.

 

 

8.     The advances in the bidding shall be regulated by the Auctioneer who may, without giving any reason, refuse to accept the bidding from any person.

 

 

9.     EACH INTENDING BIDDER MUST REGISTER WITH THE AUCTIONEER PROVIDING SUITABLE IDENTIFICATION TO BE ALLOCATED A  BIDDER NUMBER BEFORE THEY BID FOR ANY LOT. THE BUYER SHALL NOT HAVE THE RIGHT TO CANCEL THE PURCHASE OF THE LOT.

 

10.   Each Lot shall be at the Buyer’s risk from the fall of the hammer but must be paid for in full before the title in the goods passes to the Buyer. As from the fall of the hammer, the Buyer shall be obliged to pay the bid price for the Lot purchased  and insure his Lot(s) against all risks which he shall deem appropriate. The Buyer shall be liable for a late payment / storage charge  per Lot per day – see key terms for details of storage charge (whether or not the Lot has been paid for) starting from the date stipulated in the "Key Terms" and continuing until the Lot is removed or sold. The Lots purchased will not be released to the Buyer or any Third Party until payment of the bid price and the late payment / storage charges, as the case may be, are paid in full.

 

 

11.   VAT is payable at the standard rate on the day of the auction, on all lots with the exception of cars.

 

 

12.   EXPORT: - All items purchased by Buyers from outside the UK must inform the Cashier of his intention to export the purchased Lot immediately after purchasing it and will be dealt with accordingly. Buyers from outside the UK must supply all requisite documentary evidence as to Shipping Certificate, Original Bill of Lading clearly stating that the purchased Lot is to be exported.

 

 

NOTICE TO OVERSEAS BUYERS

 

If you are planning on Exporting your items outside of the United Kingdom you must inform our Office immediately.  If you wish to have your invoice zero rated for VAT

 

Please request an Application for Zero VAT from the Office by emailing rosie@amsauctions.co.uk or calling +44 (0)1452 207777.

 

The Auctioneers will send an application form that must be completed and returned to the Auctioneers by the end of that working day.  The Auctioneers have various pre-approved Shipping Agents for collecting and shipping your items.  If you wish to use your own Shipping Agent you must inform the Office via email rosie@amsauctions.co.uk.  Please provide your full details and the full details for your Shipping Agent.  Your Shipping Agent will then be expected to sign and an agreement with the Auctioneers.

 

** Please note that the Auctioneers reserve the right to refuse an Agreement with a Shipping Agent should any of the parties involved refuse to agree to the Terms of Export.****

IF YOU INTEND TO PAY THE VAT AND CLAIM IT BACK

If you would prefer to use your own Shipping Agent and they are unable to agree to our Terms you must pay the VAT in the first instance.  You will then have 60 days from the Sale Day to export the items and provide your Shipping Document to rosie@amsauctions.co.uk.

Once we are in receipt of your Shipping Documentation the VAT will be refunded to the Bank account that original payment was made from.  Under no circumstances will the Auctioneers refund the VAT to any other account.

All correspondence regarding Exported items must be through the email address rosie@amsauctions.co.uk

Emails sent to any other email address will be disregarded.

 

 

13.   PAYMENT: - No items purchased will be released from the Auctioneer’s premises until cleared funds, i.e. Bank Transfer have been received in full within the given time constraints as detailed in Condition 24. No Lot may be removed during the Auction. Subject to the above, each Lot purchased by the Buyer shall be collected within the timeframe set out in the key terms. Time for payment and collection of the purchased Lot shall be of the essence.

 

The Auctioneer accepts immediate Money Transfers in the form of BACS, CHAPS and Telegraphic Transfers directly into our Clients Account detailed Below.

Lloyds TSB Bank Plc
Account No. 31892168
Sort Code: 30-95-72
Iban: GB37 LOYD 3095 7231 8921 68
Bic/Swift: LOYDGB21108

 

 

14.   MONEY LAUNDERING REGULATIONS: - In order to comply with money laundering regulations, the Auctioneer does not accept cash payments.

 

 

15.   THE BUYER WILL PAY THE AUCTIONEER A PREMIUM OF % ON THE ‘HAMMER PRICE’ – SEE KEY TERMS FOR DETAILS OF PERCENTAGE, to which will be added Value Added Tax at the standard rate on the day of the auction. The Buyer agrees that the Auctioneer, when acting as Agent for the Vendor, may also receive commission from the Vendor.

 

 

16.   THIRD PARTY CLAIMS Should any Third Party claim possession or title to all or part of a Lot prior to its removal from the Auctioneer’s premises, the Auctioneer reserves the right to rescind the sale thereof, or to permit the removal thereof from the Auctioneer’s premises, subject to such conditions as he may see fit to impose.

 

 

17.   ALL ITEMS ARE SOLD AS SEEN UNLESS SPECIFICALLY STATED IN THE CATALOGUE. All goods are sold with all faults, imperfections and errors of description. Illustrations in catalogues are for general identification only. Buyers should satisfy themselves prior to the Auction as to the condition of each Lot. Any statement by the Auctioneer as to the Lot is a statement of opinion only and every person should rely on his judgement as to all matters affecting the Lot.

 

PLEASE NOTE: CONSUMER PROTECTION ACT - WITH REGARD TO ITEMS SOLD FOR RECONDITIONING /REPAIR OR SCRAP, THE PURCHASER MUST DECLARE TO THE AUCTIONEER THAT THEY ARE IN THE BUSINESS OF BUYING GOODS OF THIS TYPE FOR THE PURPOSE OF RECONDITIONING / REPAIR OR SCRAP. ANY SUCH LOTS WILL BE CLEARLY IDENTIFIED IN THE CATALOGUE OF SALE. THE PURCHASER WILL BE REQUIRED TO SIGN THE RELEVANT PURCHASE INVOICE.

 

 

18.   The Auctioneer has used all reasonable endeavours to ensure that the description of each Lot is accurate and the Buyer relies upon such description at his own risk. The Buyer is advised to inspect any Lot for which he intends to bid. The Auctioneer and the Vendor hereby exclude all liabilities for any loss or damage sustained by the Buyer as a result of or in connection with a defect in any Lot purchased, or mis-description contained in the Catalogue, the failure thereof to fulfil the functions for which they were intended by the Buyer, or any damage or loss occasioned thereto. The Auctioneer does not warrant the Vendor’s title to any Lot which is sold with such title as the Vendor may have.

 

 

19.   HEALTH & SAFETY LEGISLATION & SUPPORTING REGULATIONS: - It is expressly brought to the Buyer’s attention that at the time of sale, each item of Plant, Machinery or Equipment referred to in the Catalogue may not necessarily comply with the Health & Safety at Work, etc. Act 1974 or any form of legislation (including statutory instruments and directives of the European Commission) thereunder governing the use of that Plant, Machinery or Equipment in a working environment and the basis of its supply. Buyers for any such Plant, Machinery or Equipment are hereby required to ensure that the use of any such at a place of work within the United Kingdom does not contravene such legislation. The Buyer acknowledges that he must rely absolutely on his own opinion and his own professional advice concerning each Lot, the quality, state and condition of the goods forming the same, their fitness and/or suitability for any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination (which could even render it inappropriate that they should be described as they are in fact described in the Catalogue) the reason the Buyer has for purchasing the same and the use it intends to put them to. The Buyer confirms to the Vendor and the Auctioneer that it has available to him (either internally or externally) skilled professional and technical advice concerning each Lot and will comply with all such advice prior to using the goods.

 

 

20.   Damage caused to the Auctioneer’s premises and/or injuries caused to the Auctioneer and/or its employees, agents and/or consultants when removing purchased Lots from the Auctioneer’s premises must be made good by the Buyer responsible for the damage and/or the injury. The Auctioneer reserves the right to make the final decision as to whether damage and/or injuries have been caused by the Buyer and to its cost. The Vendor and the Auctioneer accept no responsibility for any damage caused to any Lot during the course of its dismantling / removal from the Auctioneer’s premises.

 

 

21.   The Vendor and the Auctioneer will not be responsible for any injury to any person visiting the Auctioneer’s premises and related area, viewing or removing any Lot or for any damage caused to any vehicle attending the Auctioneers premises and the car parking area adjacent thereto. Such persons attend at their own risk.

 

 

22.   OFFICE FURNITURE: - Items of Upholstered Furniture sold are sold for Commercial and/or Office use only and not for domestic use.

 

 

23.    COMPUTER SYSTEMS: - Title to any residual Software (Licences) installed on any computer does not automatically transfer to the Buyer. This does not include items of Software, which are being sold as separate Lots.

 

 

24.    PLEASE NOTE ALL ITEMS PURCHASED MUST BE PAID FOR AND COLLECTED BY THE DATE STIPULATED – SEE KEY TERMS FOR DATE. TIME FOR PAYMENT AND COLLECTION OF THE PURCHASED LOTS SHALL BE OF THE ESSENCE.

 

 

25.    DATA PROTECTION: - Each party will comply with all applicable requirements of the UK Data Protection Legislation, i.e. any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Date Protection Regulation ((EU) 2016/679) (GDPR) and any other directly applicable European Union regulation relating to privacy.

 

 

26.    GOVERNING LAW: - The contract of sale, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

 

27.    JURISDICTION: - Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.