GENERAL NOTES
LOCATIONS
Lots 1 – 110 Colchester
Lotes 131 – 137 Brentwood
Lotes 140 – 144 Peterborough
Lotes 150 – 250 Ashford
Lots 600 – 660 Rochdale
VISIT - By appointment only
Please send an emailcontact@pdsauctions.comto see the quote.
thursday the 23rdthirdMarch – 10 am – 2 pm
END OF OFFER
friday the 24thheMarch 2023, from 10 am. m.
(1 lot ends every 30 seconds; a 10-minute offer extension applies to each specific lot)
COLLECTION – Strictly by appointment
Lots 1 – 110 Tuesday March 28th & Wednesday March 29th
Lots 131 – 137 By Agreement with the Auctioneer
Lots 140 – 144 Tuesday, March 28, 11am – 2pm
Lots 150 – 250 Tuesday, March 28th
Lots 600 – 660 Tuesday 28th and Wednesday 29th March
SALE CONDITIONS
All offers are subject to the Terms and Conditions of Sale.
BUYER'S AWARD
A Buyer's Premium of 15% (plus VAT) will be charged on all lots.
PAY
Payment in full for all lots is required within 24 hours of closing the sale.
All lots must be paid before withdrawal.
Cash or check payments will not be accepted.
Payment methods: -
1 Payments by Bank Transfer (quoting the invoice number as a reference):
for. Payment by BACS bank transfer or "Fastest Payment Service" for transactions under £10,000
B. CHAPS for transactions over £10,000
2 phone debit cards (just under £1,000)
3 Online link with debit card
BANK DETAILS
Bank Name: Cooperative Bank
Classification code: 08 92 99
Account number: 69785599
Account name: Peter Davies & Sons Limited
BIC code: CPBK GB22
IBAN: GB43 CPBK08929969785599
IVA
VAT will be charged on all lots at the current rate, except for goods with zero rate.
GOODS FOR EXPORT
All lots must be paid for in full including VAT and upon receipt of the Bill of Lading only VAT on the auction price will be refunded. Please note that intent to exercise this must be received within 30 days of the auction date and supporting documentation must be received within 90 days of the auction date. Buyer's Premium is provided in the UK and VAT is non-refundable regardless of whether the goods are exported or not.
SHIPPING AND DELIVERY
All transport of the purchased items must be carried out by the buyer. We do not provide a delivery service or organize couriers.
SAFE
The goods become the responsibility of the buyer immediately after the end of the auction.
PROPERTY SALES ACT 1979 (as amended)
Does not apply to this auction sale.
SALE CONDITIONS
1: Conditions
These conditions, together with any special conditions or 'General Notes', are the only terms and conditions subject to which Peter Davies & Sons Limited ("PDS"), acting as agent for the Supplier(s), will contract with the buyers. batch will be considered as acceptance of these conditions and any special conditions and conditions in the 'General Notes'. In the event of an inconsistency between these conditions and the point in any special conditions and the 'General Notes', PDS reserves the right to choose which condition(s)/term(s) will apply.
2: Inspection and Description
2.1 Buyers are strongly encouraged (and have a responsibility) to attend showing days and do their own inspection in all matters relating to all lots; must verify, before sale, the condition, quantities and description of the batch, as well as its suitability and suitability for use.
2.2 It is believed that the goods are correctly described, but all goods are sold with all flaws, stains and description errors.
2.3 Neither PDS nor the Seller(s), nor their employees or agents, make or give, nor have any person who employs them, any authority to make or give, any representation or warranty in relation to any lot.
3: Limitation of Liability
3.1 Neither PDS nor the Seller(s), their employees or agents shall be liable for any loss or damage suffered by a buyer arising out of or in connection with any defects or deficiencies in lots purchased, incorrect description in the auction catalogue, any inaccuracies on any matter that affects the batches or the non-compliance of the batches with the functions for which they are intended.
3.2 The entire liability of PDS and the Supplier(s) for breach of contract or negligence in any matter/claim is strictly limited to the offer price and the applicable buyer's premium and VAT.
3.3 Neither PDS nor the Supplier(s) shall be liable for any indirect or consequential loss or damage (whether loss of profit, loss of business or otherwise) incurred by a buyer.
3.4 Nothing in these conditions excludes or limits the liability of PDS or the Providers for death or personal injury caused by their negligence or fraudulent misrepresentation.
3.5 Nothing in these conditions will prejudice the legal rights of a consumer who will be bound by these conditions only in so far as they are consistent with such legal rights.
4: Sales Conduct
4.1 PDS reserves the right, in its sole discretion, to deny entry to the premises and grounds to any person without having to provide a reason.
4.2 Completion of the sale will be at the sole discretion of PDS and PDS reserves the right to reject any offer without giving any reason. If a dispute of any nature arises in connection with an offer or offers, such dispute will be decided by PDS in its sole discretion and whose decision will be final and binding on all interested parties.
4.3 Each bidder must register before bidding online. PDS reserves the right to reject any registration in its sole discretion.
4.4 PDS and the Provider(s) reserve the right to withhold any lot.
4.5 No bids can be withdrawn after the auction closes.
4.6 PDS and the Seller(s) have the sole discretion to withdraw, consolidate or split any lot at any time before or during the sale (prior to closing).
4.7 The highest bidder for each lot at close of bidding will be the “Buyer” (subject to any caveats) and subject to approval by the PDS and the Seller(s).
4.8 The sales price does not include the buyer's premium or VAT.
4.9 The higher bid at close of bid subject to condition 4.7 also marks the conclusion of a sales contract between the Seller and the Buyer (the "Contract").
4.10 When bidding on any lot, the Buyer does so as principal. Buyer will be personally and solely responsible for a bid, unless PDS has previously agreed in writing with Buyer that the bidder will do so on behalf of an identified third party. acceptable for PDS. In circumstances where PDS so agrees, the Buyer and the third party will be jointly and severally liable for all obligations arising from the offer when a third party is bound by these conditions by the person making the offer as its agent, in the same way as if they bid in person.
5: Risk and Title
5.1 As of the date and time that the Buyer declares, all risks related to the purchased goods (the "Goods") will pass to the Buyer and it is recommended that the Buyer take out immediate insurance on the lots in question.
5.2 The buyer is not entitled to anything that is not described in the auction catalogue.
5.3 Under no circumstances will PDS or the Seller(s) be liable if the Goods or part thereof are lost, stolen, damaged or destroyed after the Buyer's declaration.
5.4 The Seller(s) will only sell title to the Goods they may own. Neither PDS nor Seller(s) guarantee Seller(s) good title to any of the Goods and if Seller(s) is determined not to have title or free title to any of the Goods intended to be sold under these terms, Buyer expressly agrees that Buyer shall not be entitled to terminate the Contract or claim damages or a reduction in the consideration paid or payable under the Contract.
5.5 If a third party claims ownership of part or all of a lot sold, the Seller(s) reserve the right(s) to terminate the Agreement (prior to removal) for the sale of that lot and reimburse Buyer for any sums paid by Buyer, together with Buyer's Premium and associated VAT, for the Lot in question.
5.6 The ownership of each of the Goods will not pass until:-
(i) all debts owed by Buyer to PDS and Supplier(s) (partially paid, secured or otherwise) are paid (debts are not paid until PDS or Supplier(s) receive the released funds, as case); It is
(ii) said Goods have been removed from the place where the sale takes place or where the Goods are stored in their entirety.
6: Collection of Goods
6.1 No lot or part thereof may be withdrawn until full payment has been made in accordance with the 'General Notes'.
6.2 Delivery of any lot will be made only to the registered Purchaser; the transfer of any lot or part of a lot to any other person will not be recognized.
6.3 No lot will be withdrawn without PDS authorization and under the supervision of PDS agents or employees.
6.4 Removal must be completed by 5pm. m. each day or as indicated in the "General Notes".
6.5 The buyer will be responsible for removing the lots at his own expense and must provide adequate labor and equipment.
6.6 The PDS requires that, in pursuit of safe work practice, all contractors, along with all equipment used for lifting and transport, be covered by adequate insurance (particularly but not limited to: lifting equipment and forklift forks) . Such documentation must be presented to PDS by the Buyer upon request for inspection and in case the Buyer does not present such documentation, PDS reserves the right to refuse the settlement of the lot and/or terminate the sale, in which case the provisions of condition 7 .
6.7 Appropriate personal protective clothing and footwear should be worn and due attention paid to safe material handling practices.
7: Buyer's Default
7.1 In the event of default by the Buyer for any of the reasons described below:-
(i) pay a full deposit if required by these conditions, any special conditions or the "General Notes";
(ii) pay the purchase price in full on the due date;
(iii) provide any documentation required under these conditions;
(iv) remove the Goods safely or satisfactorily; any
(v) withdraw any batch by the date specified for withdrawal,
Sellers shall be entitled to terminate the Contract immediately without incurring any liability to Buyer and (without prejudice to any claim by Seller and/or PDS against Buyer arising in breach of contract or otherwise) upon termination As stated above , the following provisions apply:
(a) all money deposited in partial payment will be forfeited;
(b) if lots were removed in violation of these conditions, Seller(s) and/or PDS, its employees or agents may enter Buyer's premises to remove such lots;
(c) lots may be resold or disposed of by PDS as it deems convenient and at its sole discretion. Any deficiency arising from the resale together with the expenses of the resale will be paid as the Purchaser's debt in arrears. on the first sale;
(d) Buyer agrees to such resale in accordance with the PDS Terms of Commerce applicable at the time of resale;
(e) neither PDS nor the Seller(s) will be liable to the Buyer in the event of resale at a price higher than the contracted price to be paid by the Buyer. The buyer waives any claim in such case. if they have ownership of the lot and agree that any resale price will be considered commercially reasonable; It is
(f) Buyer shall be responsible from the time specified for final disposal for all losses and expenses incurred by Seller(s) and/or PDS, including storage, security and disposal expenses, costs of reselling or disposing of PDS lots and commission.
8: Damage to facilities
8.1 Buyer shall be responsible for removing all Goods purchased at Buyer's own risk and expense, and such removal must be done safely and legally and in accordance with the terms of sale notified to Buyer. For the avoidance of doubt, disposal includes (where applicable) disconnection from the mains and detachment from any fixed lots.
8.2 All electrical installations must be maintained in a safe condition during and after disassembly.
8.3 The use of explosives or flame arresting equipment or any other potentially dangerous or inflammatory process will not be permitted on the site without the express written consent of PDS.
8.4 Buyer shall be responsible for insuring and repairing any injury or damage to persons or property caused by Buyer, its carriers, employees or agents removing the Goods purchased by Buyer.
8.5 Buyer shall submit insurance documentation to PDS upon request, and if Buyer fails to provide such documentation, Supplier(s) or PDS reserve the right to refuse lot release and/or rescind the sale. /Contract.
8.6 Buyer shall indemnify PDS for any loss or damage that PDS may suffer in connection with loss, damage or injury suffered by Buyer's agents or employees or third parties resulting from removal.
8.7 At its discretion, PDS may require a deposit to be paid to PDS prior to and/or during batch removal, which will be refunded once removal is completed to PDS's satisfaction. o PDS may deny the Buyer access to the property for the purpose of removing the lot acquired by the Buyer and/or termination of the sale/Contract, in which case the provisions of condition 7 will apply.
8.8 PDS reserves the right to stop removal of a lot or lots by a Buyer, its agents or employees if it appears to PDS or its agents or employees that removal is being performed in an unsafe or unsatisfactory manner.
9: Accident or Damage
9.1 Neither PDS nor the Provider(s) accept any liability for any accident, except that arising out of their negligence, or the negligence of their agents or employees, resulting in death or personal injury, however caused, which may occur while you are on the premises of the PDS, the premises of the Seller(s) or other premises used for conducting the auction or for storing the lots before, during or after the sale.
9.2 Anyone entering such facilities does so at their own risk and is deemed to have knowledge of the conditions of the facilities and their contents.
10: The Consumer Protection Act 1987
Lots are not being sold as new. No warranty is given with respect to any/all lots offered/sold.
11: Health and safety
11.1 The buyer and prospective buyers are expressly advised that, at the time of sale, any item of plant, machinery or equipment contained in the Goods may not necessarily comply with the Occupational Health and Safety Act 1974; the Environmental Protection Act of 1990; the Design and Construction Management Regulations 1994 or any other Acts of Parliament or regulations governing the use of such plant, machinery or equipment in a work environment.
11.2 Purchasers of any lot are obliged to ensure (so far as is reasonably practicable) that such items are safe and without health hazards and that the use of such items in an EEC and UK workplace does not violate any Law. of Parliament or regulation applicable to such use.
12: Hazardous Substances
12.1 Purchaser (and potential purchasers) are expressly advised that certain types of facilities or major service facilities may contain blue and white asbestos, hazardous chemicals and hazardous waste which, if not properly managed, during removal from the facility may be in violation of Safety and Health at Work Etc. Act 1974, Sections 2-9 of the Control of Substances Hazardous to Health ("COSHH") Regulations 1988 or other applicable legislation regulating the use of such substances in a work environment.
12.2 Buyer shall, as far as reasonably practicable, ensure compliance with the Occupational Health and Safety Act Etc. 1974, COSHH and other applicable legislation regarding the disposal, handling and transport of all hazardous substances and/or hazardous waste or you will need to hire a specialist contractor to dispose of it.
12.3 Buyer shall, upon request, satisfy the PDS regarding its removal procedures and, in this regard, removal of waste materials must be carried out by an approved and licensed contractor. Buyer shall indemnify PDS and the Supplier(s), its employees or agents against any loss, damage or expense suffered by them as a result of Buyer's or a subcontractor's breach of this law.
13: Rights of third parties
PDS and the Provider(s) shall have the benefit and right to enforce the terms of these conditions and the Agreement. Except for this, no party other than a party to these Conditions and the Agreement shall be entitled to enforce the terms of the Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14: PDS as an agent
PDS acts solely as agent for and on behalf of the Supplier(s) and shall not be liable for any action or default on the part of the Supplier(s), bidders or Buyer. Any concluded sales contract/the Contract is concluded directly between the Seller(s) and the Buyer, but will be enforceable by PDS in accordance with condition 13.
15: Divisibility
If any provision of these terms is found to be unenforceable for any reason, the remaining terms will remain in full force and effect.
16: Applicable Law
These Conditions and anythe special conditions and any conditions contained in the "General Notes", together with all associated transactions and all related matters, will be governed by and construed in accordance with English law.
17: Buyer's right to withdraw from the contract
Depending on how Buyer has agreed to purchase the Goods, Buyer may have the legal right to change its mind/cancel the Contract within 14 days and receive a refund of any sums paid in respect of the Goods. These rights are underRegulation of Consumer Contracts (Information, Cancellation and Additional Charges) 2013. The time available to the Buyer depends on what has been ordered and how it is delivered. If the Buyer has brought goods, he has 14 days from the day he (or someone designated by him) receives the goods. Unless the products are split into multiple deliveries on different days, in which case they have up to 14 days after the day they (or someone designated by them) received the last delivery. To exercise these rights, Buyer maycontact PDS by any means, including submitting the sample cancellation form in the Program below.
The time
cancellation form template
(Complete and return this form only if you wish to terminate the Agreement)
Para Peter Davies & Sons Limited, Maple House, High Street, Potters Bar, Herts. EN6 5BS o Complexo de Leilões, 1/16 Houldsworth Mill, Houldsworth Street, Stockport. SK5 6DA, 0345 257 2533, contact@pdsvaluers.com
I/we [*] hereby announce that I/we [*] cancel my/our [*] contract for the sale of the following goods [*]/for the provision of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of the consumer(s),
Signature of the consumer(s) (only if this form is delivered on paper),
Data
[*] Delete as appropriate