NOTICE TO BUYERS
VISIT:
• The lots can be viewed as follows: Tuesday 11 April 2023 from 9 am to 4 pm.
• Located at Unit 27 Optima Park, Thames Road, Dartford Kent DA1 4QX
OFFER ENDS:
• Bidding will end at: 12:00pm on Wednesday 12th April 2023 [subject to normal 10 minute extension] IF ALL TOP BIDS ARE ACCEPTED.
ACCEPTANCE OF HIGHEST FINAL OFFERS - IMPORTANT NOTICE:
• Acceptance of all higher final offers is subject to our customer's approval.
• Lambert Smith Hampton reserves the right to refuse any offer it deems not of fair value.
• Selected bidders will be notified by email before noon on Friday, April 14, 2023
BIDDING INSTRUCTIONS:
• You can access bids via our website www.lsh.co.uk/assetadvisory.
• All details, including a valid email address, must be provided in order to receive bid approval.
• If a bid is received within 10 minutes before the scheduled closing time, the bidding period for that lot will automatically be extended by an additional 10 minutes and by an additional 10 minutes for all bids received after that.
• Staggered completion times have been applied to the lots in this sale. Please check the lot you are bidding on for the end time.
• TOP BIDS: If more than one winning bid of the same amount is submitted, the winning bid placed first will be considered the winning bid and an additional bid will be required to take the lead. Bidders will be notified by an automated message appearing on their screen
• IMPORTANT: When bidding, don't forget to 'UPDATE' your screen to ensure you are aware of current offers.
• MAIL: All approved bidders will automatically have their information in our database to receive notifications of futures sales made only by Lambert Smith Hampton. If you would like your details to be removed from our database, please use the unsubscribe facility on our website (as above) or notify our sales management team at aaaccounts@lsh.co.uk
BUYER PREMIUM:
• The buyer pays a purchase premium of 16% plus VAT, except for vehicles which receive 10% applied to all lots.
• The premium is non-negotiable and is paid by all buyers.
PAYMENT TERMS:
• All purchases must be paid for in full by 12:00 noon on Monday 17 April 2023
• All payment related inquiries should be directed to our Sales Accounts team, aaaaccounts@lsh.co.uk
• Please note that we cannot accept debit or credit card payments (information required at registration is for name and address validation only).
Please see the page titled "PAYMENT DETAILS" for accepted payment methods.
LAMBERT SMITH HAMPTON WILL NOT ACCEPT CASH TRANSACTIONS OVER £7,000 UNDER ANY CIRCUMSTANCES.
VALUE ADDED TAX:
• Buyers will be charged VAT at applicable rates on all lots, where applicable.
DEPOSITS:
• Buyers are required to post a security deposit for any property that causes damage or leaves a hole in the building structure after removal. These lots will be listed in the sales catalogue. The deposit will be refunded once the buyer has satisfactorily performed.
RISK:
• The bidder/buyer is at risk once the buyer is notified of their successful purchases and is urged to obtain insurance immediately, regardless of whether title has passed. Ownership is only transferred to the buyer after full payment has been made.
RECORDED "UTILIZATION" READINGS: Hour and odometer readings on machinery and vehicles in this sale cannot be guaranteed and should not be relied upon.
COMPUTER SOFTWARE: Due to data protection law, all software and data is removed from computers prior to sale.
TERMS AND BILLING AGREEMENTS
• All entries must be picked up between Monday 17th April 2023 and Thursday 20th April 2023. After that, no further access is possible.
The restaurant will be open from 9 a.m. to 4 p.m. Note that certain items require a method declaration; Consult the catalogue.
• Please note that there is a forklift on site to assist with lifting and loading.
• All metal storage lots will be lifted and loaded on site by a Lambert Smith Hampton representative (including lots: 92 - 142).
• Be sure to bring the necessary tools and manpower and arrive at the site in time to allow for safe disassembly.
And load your batches before the website closes.
• Lambert Smith Hampton will not undertake any label printing, packaging, postage, delivery or shipment of any goods and bidder must make their own arrangements to comply with release terms
• All lots must be settled in accordance with the Health and Safety at Work Act, etc. 1974 and, where applicable, the Building (Design and Management) Regulations 2015 and any other summary legislation.
• Risk Assessments and Method Statements (RAMS): If you are purchasing a lot that requires RAMS to be completed, please note that you will not be given access to the website to begin collecting ANY of your lots until it has been completed and revised required RAMS. by a representative of the LSH. If you need to access the website to inspect equipment for RAMS purposes during the collection period or have any further questions, please contact Kevin Powell on 07976 732244 kpowell@lsh.co.uk
• Lambert Smith Hampton reserves the right to stop cleaning if it believes it is being done in an unsafe manner or without the statement of methods and risk assessment.
• Buyer must ensure that its contractors have adequate liability insurance, a copy of which must be made available to Lambert Smith Hampton upon request.
• Any liquid remaining in purchased lots MUST be removed from site per COSHH (Control of Substances Hazardous to Health) regulations.
TERMS OF SALE
All lots are sold under the terms of sale printed on the catalog cover. Bidders are strongly advised to read them carefully.
TRANSFER OF LOTS:
Lambert Smith Hampton will only accept payment and allow cancellation of lots purchased by the successful buyer or their duly appointed representative.
ABROAD BUYERS:
Overseas buyers must, on accepting offers, state their intention to export their property immediately and notify our sales coordinator, Emma Gaines [aaaccounts@lsh.co.uk].
Foreign buyers must provide the following information:
(a) Your passports
(b) Other method of confirming your identity, i.e. H. driver's license, name,
Address, UK representative (if available), telephone and fax numbers.
(c) Full details of your domestic bank and your UK equivalent bank.
(d) Details of your bank confirming payment method, etc.
Also make sure that:
(e) Your country or the country to which the items are destined does not have any import restrictions on the goods you wish to purchase.
(f) The country has no import license restrictions or foreign exchange allocation restrictions.
(g) The country does not have a lengthy inspection procedure, which could result in an undue delay in approving the importation of your goods.
(h) You will receive a fully descriptive invoice so that you can process the payment with our bank as quickly as possible.
(i) You employ a reputable trucking company. Keep in mind that many of the machine haulage companies in this country are not necessarily hauliers. We will be happy to advise you accordingly.
(j) You have read the Terms of Sale.
Keep in mind:
(a) We will not allow a lot to be removed from the sales page until our accounting department has received notification from our bankers that your payment has been properly and fully settled. Funds must be transferred to us within the time specified in the "Notice to Buyer".
(b) If you wish to make special arrangements with us, you must contact us at least three days before the date of sale.
(c) Our Terms for VAT Payment and Subsequent Refunds.
VAT on goods intended for export:
All buyers who intend to export their purchases will be charged a deposit equal to the VAT due on each lot purchased and the buyer's premium.
To qualify for a rebate, goods must be exported in accordance with “Indirect Export” regulations and Lambert Smith Hampton must receive valid proof of export within one month of the date of export. If satisfactory proof is not provided, the goods and services will be subject to UK VAT at the standard rate and the deposit will not be refunded.
Make sure the cashier has been informed of your intention to export before picking up the goods.
International Bank Charges: Please note that LSH will attempt to reclaim any charges incurred in remitting the refunded VAT deposit.
The above information must be given in writing to our Sales Coordinator, Ms Emma Gaines, Lambert Smith Hampton, First Floor, 2 Manor Court, Barnes Wallis Road, Fareham, PO15 5TH, on your official company letterhead and signed for the named contact.
If you intend to export your purchases using your own means of transport (by sea, rail or air), VAT will be collected and refunded upon receipt of sufficient documentation proving the removal of the goods purchased.
Lambert Smith Hampton reserves the right to reject a bidder's bid if Lambert Smith Hampton is unable to comply with any of the above.
TERMS OF SALE BY ONLINE AUCTION
1: conditions
These Terms, together with any "Special Terms" or "Notices to Buyers", are the only terms to which Lambert Smith Hampton (LSH) (the "Auctioneer") as agent of the supplier (the "Seller") is subject. will enter into a contract with the buyers (the "Buyer"). Bidding on any lot constitutes acceptance of these Terms and all terms in the Notices to Buyers. If there is any conflict between these Terms and the Notices to Buyers, the Notices to Buyers shall prevail.
2: inspection and description
2.1 Buyers are responsible for conducting their own inspection and examination of Lots at the times and facilities stated and determining all matters affecting the Lots and, prior to sale, the condition and description of a Lot, its suitability and fitness for purpose .
2.2 Goods are believed to be accurately described but all goods are sold with faults, blemishes and misdescriptions.
2.3 Neither the Seller nor the Auctioneers, their employees or agents, nor any person employed by the Auctioneers is authorized to make or give any representation or guarantee in relation to any Lot.
3: Limitation of Liability
3.1 Neither the Seller nor the Auctioneers, their employees or agents shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defect or defect in the Lots purchased, incorrect description in the Auction Catalogue, any error statement, any matter concerning the Lots , or the failure of the lots to perform the functions for which they were intended
3.2 The auctioneer's and seller's aggregate liability for breach of contract or negligence is limited to the hammer price.
3.3 Neither the Auctioneers nor the Seller shall be liable for any indirect or consequential loss or damage (whether lost profits, loss of business or otherwise) suffered by the Buyer.
3.4 Nothing in these Terms shall exclude or limit the liability of any Auctioneer or Seller for death or personal injury caused by their negligence or fraudulent misrepresentation.
3.5 Nothing in these Terms affects the statutory rights of a consumer, who is bound by these Terms only to the extent that they are compatible with those statutory rights.
4: Sales behavior
4.1 Auctioneers reserve the right, at their absolute discretion, to refuse access to the premises and grounds to any person.
4.2 The execution of the sale is at the sole discretion of the auctioneer and the auctioneer reserves the right to reject any offer without giving any reason. If any dispute of any kind arises in connection with any Bid, such disputes shall be resolved by the Auctioneers at their sole discretion and their decision shall be final and binding on all parties.
4.3 Each bidder must register before he can place a bid in the online sale. The auctioneer reserves the right to reject any entry at its sole discretion.
4.4 The seller and the auctioneers reserve the right to set a reserve price for each lot.
4.5 No offer can be withdrawn after the offer has closed.
4.6 Sellers or auctioneers may, at their absolute discretion, withdraw, combine or split lots at any time.
4.7 The highest bidder for each lot at the end of the auction is the buyer, subject to the approval of the auctioneers and the seller. The sale price does not include the buyer's premium or VAT. With the highest bid on the closing date, subject to the consent of the auctioneer and the seller, a purchase contract is also concluded between the seller and the buyer.
4.8 When bidding on a lot, the buyer acts as principal. Buyer is personally and solely responsible for any bid unless the Auctioneers have previously agreed in writing with Buyer that the bidder is doing so on behalf of an identified third party acceptable to the Auctioneers. In cases where the auctioneers have agreed so, the buyer and the third party shall be jointly and severally liable for all obligations arising out of the bid if a third party is bound by these terms of the individual bid as his representative in the same way as you have bid personally.
5: Preis
The price to be paid by the Buyer for the purchase of the Insured Lots is the selling price representing the highest bid accepted by the Auctioneer under the Conditions, plus the Buyer's Premium and all other associated costs (if any). ) and the applicable VAT
6: VAT
The price of the goods purchased does not include value added tax (VAT), which the buyer may have to pay additionally to the auctioneer.
7: risk and title
7.1Secure:From the date and time of the buyer's declaration, all risks relating to the goods purchased pass to the buyer and the buyer is strongly advised to take out insurance against these risks without undue delay. In no event shall auctioneers or sellers be liable for any loss, theft, damage or destruction of any item or part thereof as declared by the buyer.
7.2Title:The seller only sells ownership of the goods that he has. Neither the Auctioneers nor the Seller guarantee Seller's title to the Goods and if it is determined that Seller has no title or clear title to the Goods purportedly to be sold under these Conditions, Buyer expressly agrees that he has no right to terminate the contract or to claim damages or a reduction in the consideration paid or payable under the contract.
7.3 Title to any of the Goods shall not pass until:-
(a) all debts owed by the Buyer to the Auctioneers (whether paid in part by security or otherwise) have been discharged, for the avoidance of doubt debts will not be discharged until (if full or partial payment is made by cheque ) all checks are cashed ) questionably deleted; And
(b) those goods have been removed from the premises where the sale takes place or where the goods are fully stored.
8: elimination
8.1 No Lot or part thereof may be withdrawn until payment in cleared funds (cash, approved bank draft, BACS or Chaps) has been made in full or (if part payment was made by cheque) the check has been cashed at the Auctioneer. Account. No lot will be removed without the Auctioneer's permission and except under the supervision of the Auctioneer's staff or agents.
8.2 Dismantling only takes place until 5:00 p.m. M. and must be completed in writing by the Auctioneer or after written approval from the Auctioneers for liquidation no later than the dates and times specified and published in the Notice to Buyers, or at a later expressly specified date and time be obtained at this time.
8.3 The buyer is not entitled to anything that is not described in the auction catalogue.
8.4 Delivery of lots sold will only be made to the declared buyer and no transfer of a lot or part of a lot to any other person will be recognised.
8.5 Prior to the removal of a Lot, the Seller may terminate the contract of sale for that Lot and refund to Buyer any monies paid by Buyer for the Lot in the event that a third party claims title to or possession of any part of the Lot.
8.6 The buyer is responsible for removing the lots at his own expense and must provide his own labor and equipment.
8.7 Auctioneers require that, for the purposes of safe working practice, all equipment used for lifting and handling is covered by appropriate insurance, safety documentation in accordance with health and safety legislation in force at the time and registration documents (particularly but not limited to cranes, hoists, hoists and forklifts) . This documentation will be made available to the auctioneers and if the buyer fails to provide this documentation for inspection when requested, the auctioneers reserve the right to refuse to release the lot and/or to terminate the sale, in which case the provisions will apply the condition The equipment may only be used by operators who have valid and appropriate licenses to use this equipment.
8.8 Appropriate personal protective equipment (PPE) must be worn during these activities and due regard must be given to safe material handling practices.
9: Damage to facilities
The buyer is responsible for the removal of any goods purchased at his own risk and expense and such removal must be done in a safe and legal manner and in accordance with the terms of sale communicated to the buyer. For clarification: Disposal may include disconnecting from the power supply and disconnecting from fixed parts. All electrical installations must be performed by a certified electrician and must be left in a safe condition during and after removal, and the use of explosives or flame cutting equipment or any other potentially hazardous or flammable process is not permitted on the job site without express written permission. approval of the auctioneer. Buyer is responsible for insuring and repairing any injury or damage to persons or property caused by Buyer, its carriers, employees or agents in the severing, severing or removal of property purchased by Buyer. The buyer must provide insurance documentation to the auctioneers upon request and if the buyer fails to provide such documentation, the auctioneers reserve the right to refuse to settle the lot and/or terminate the sale. Buyer shall indemnify the Auctioneers for any damage or loss suffered by the Auctioneers in respect of any loss, damage or injury suffered by Buyer's agents or employees or any third party as a result of the removal. At the Auctioneers' sole discretion, they may require that the Auctioneers pay a deposit prior to and/or during the redemption, which will be returned if the redemption is completed to the Auctioneer's satisfaction. If the buyer refuses to deposit these amounts, the seller or the auctioneers may refuse the buyer access to the premises in order to withdraw the lot they have purchased and/or cancel the sale, in which case the provisions of condition 8 will apply . Auctioneers reserve the right to stop the removal of any Lot by a Buyer, its agents or employees if the Auctioneers or their agents or employees believe that the removal is being carried out in an unsafe or unsatisfactory manner.
10: Default of the buyer
In the event of buyer's default for any reason:-
(i) pay a full deposit where required under the Conditions of Sale or Special Notices; either
(ii) pay the purchase price in full when due; either
(iii) provide any documentation required under these Terms; either
(iv) safely or satisfactorily remove the Goods; either
(v) withdraw lots from the premises on or before the date set for withdrawal;
Seller shall have the right to terminate the Contract forthwith without liability to Buyer and without prejudice to any claims of Seller and/or Auctioneer against Buyer arising out of breach of contract or otherwise, upon termination pursuant to How above mentioned the following provisions :
(a) any monies deposited in installments will be confiscated and used to pay the Seller's and/or Auctioneer's expenses referred to in paragraph (d) below;
(b) if Lots have been removed in breach of these Terms, the Seller and/or the Auctioneers, their employees or agents may enter the Buyer's premises to collect such Lots;
(c) Auctioneers may, at their discretion, resell or dispose of the Lots in any manner they deem appropriate and any defect arising from resale will be paid, together with associated costs, as a default liability of the buyer on the first sale. Buyer agrees to such resale subject to the auctioneer's terms and conditions in force at the time of resale. Neither the auctioneers nor the seller shall be liable to the buyer for resale at a higher price than the agreed price to be paid by the buyer. Buyer waives any claims to which Buyer may be entitled in respect of the Lot and agrees that any resale price shall be deemed commercially reasonable;
(d) Buyer shall be responsible for all losses and costs incurred by Seller and/or Auctioneers, including storage, security and disposal costs, costs of reselling or disposing of Lots, from the time specified for final disposal the auctioneer's commission.
11: Auctioneer as agent
Auctioneers act solely as agents for and on behalf of the seller and shall not be liable for any act or omission of the seller, bidders or buyer. Every closed sales contract is concluded directly between the seller and the buyer.
12: Accident or damage
Neither the auctioneers nor the seller accept responsibility for any loss (other than loss resulting from their negligence or the
negligence of its agents or employees resulting in death or personal injury), regardless of the cause of any person, which may occur while on the auctioneer's premises, the seller's premises or other facilities necessary for the conduct of the auction or for the Storage of lots before, during or after sale Person entering the premises does so at their own risk and is presumed to have knowledge of the condition of the premises and its furnishings.
13: Consumer Protection Act 1987
Many are not sold as new.
14: Health and safety at work
The buyer and prospective buyer are expressly advised that at the time of sale any plant, machinery or equipment contained in the Goods does not necessarily comply with the Health and Safety at Work Act 1974; the Environmental Protection Act 1990; Building Design and Management Regulations 2015 or other Acts of Parliament or regulations thereunder governing the use of such plant, machinery or equipment in a working environment. Purchasers of plant, machinery or equipment have a duty to ensure, to the extent reasonably possible, that such items are safe and hygienic and that the use of such items in a workplace within the EEC and the UK will not constitute a breach of any law or regulation applicable to a such use shall apply.
15: Hazardous Substances
Buyers (and potential buyers) are specifically drawn to the fact that certain types of property or large service facilities may contain blue and white asbestos, hazardous chemicals and hazardous waste which, if improperly disposed of, may be removed from the premises in violation of the Occupational Safety and Health Act 1974 Sections 2-13, Control of Substances Hazardous to Health (COSHH) Regulations 2002 or other applicable legislation regulating the use of such substances in the workplace. Buyer will, to the extent reasonably practicable, ensure compliance with the Occupational Health and Safety Act 1974, COSHH and other applicable legislation in relation to the disposal, handling and transport of such hazardous materials and/or hazardous waste, or engage a specialist contractor . to remove them. The buyer must convince the auctioneers of their disposal procedures upon request and the disposal of waste materials must be carried out by an approved and licensed contractor. Buyer shall indemnify Seller, its employees or agents against any loss, damage or expense suffered as a result of Buyer's or any subcontractor's breach of this law.
16: Notes
All notices or other communications will be in writing and, if sent by post, shall be deemed to have been received by the recipient on the second working day after posting or, if the addressee is located outside the United Kingdom, on the fifth working day after the date of posting. Application If a written notice is delivered personally, it is deemed to have been received at that time. Any notice to auctioneers must be sent to the auctioneer's address as listed in the auction catalog or will appear on the auctioneer's website in the notice specific to that sale. All notices sent by Auctioneers to Buyer may be sent to Buyer's last address known to Auctioneer.
17: Third Party Rights
Except as expressly provided in these Terms, nothing in these Terms may be enforced by any third party under the Contracts (Rights of Third Parties) Act 2001.
18: Applicable Law
These Terms and the terms contained in the Notices to Buyers and any transaction relating thereto and all matters relating thereto shall be governed by and construed in accordance with English law.
19: divisibility
If any provision of these Terms is held unenforceable for any reason, the remaining Terms will remain in full force and effect.