GENERAL INFORMATION
LOCATIONS
Lots 1 – 190 Thames
Lose 200 – 208 Oldham
Lose 0B, 0C and 220 – 550 Brentwood
Perca 0A, 600 – 750 Stockport
Perca 800 – 910 St. Ives
VISIT – By appointment only
please send emailcontact@pdsauctions.comfor the preview appointment.
wednesday the 12thºAbr - 10h - 14h
bidding ends
thursday the 13thºApril 2023, from 10am
(1 lot ends every 30 seconds - 10 minute bid extension applies to each specific lot)
PICK-UP – By appointment only
Lots 1 – 200 Monday the 17thºand Tuesday the 18thºApril (some lots have a delayed pickup per lot descriptions)
Lots 200 – 208 Monday 17thºApril
Lots 0B, 0C and 220 – 550 Wednesday 19ºApril
Lots 0A and 600 – 750 Wednesday 19thºApril
Lots 800 – 910 Tuesday the 18thºApril
TERMS OF SALE
All offers are subject to terms of sale.
BUYER'S AWARD
A buyer's premium of 15% (plus VAT) will be charged on all lots.
PAYMENT
Payment in full for all lots is required within 24 hours of closing the sale.
All lots must be paid for prior to collection.
Payments in cash or checks are not accepted.
Type of payment: -
1 Payments by bank transfer (indicate the invoice number as a reference):
A. BACS Payment by bank transfer or "Fast Payment Service" for transactions under £10,000
B. CHAPS for transactions over £10,000
2 phone debit cards (under £1,000 only)
3 online link with debit card
BANK DETAILS
Nome do Banco: The Credit Union
Classification code: 08 92 99
Account number: 69785599
Name des Kontos: Peter Davies & Sons Limited
BIC: CPBK GB22
IBAN: GB43 CPBK08929969785599
CUBA
All lots, with the exception of zero rate goods, will be subject to VAT at the applicable rate.
GOODS FOR EXPORT
All lots must be paid in full including VAT and upon receipt of the bill of lading only VAT will be refunded on the hammer price. 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 a UK shipment 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 offer a delivery service or organize couriers.
SAFE
Goods are the buyer's responsibility immediately after the auction ends.
SALES OF GOODS ACT 1979 (as amended)
Not valid for this auction.
TERMS OF SALE
1: conditions
These Conditions, together with any special conditions or "General Notices", are the only terms upon which Peter Davies & Sons Limited ("PDS"), as agent for the Seller(s), enters into contracts with Buyers. Bidding on all lots constitutes acceptance of these terms and any special terms and conditions in the "General Notices". In case of conflict between these Terms and any point of the Special Terms and the "General Notices", PDS reserves the right to choose which condition(s)/term(s) apply.
2: inspection and description
2.1 Buyers are strongly advised (and have a responsibility) to attend the exhibition day(s) and carry out their own inspection of all matters relating to all lots; must check the condition, quantity and description of the lot, as well as its suitability and usefulness, before selling it.
2.2 It is believed that the goods are accurately described, but all goods are sold with all defects, imperfections and description errors.
2.3 Neither PDS nor the Supplier(s), their employees or agents make or represent any authority, nor will any person employed by them make any representation or warranty with respect to the Lots.
3: Limitation of Liability
3.1 Neither PDS nor the Seller(s), their agents or representatives shall be liable for any loss or damage suffered by a Buyer arising out of or in connection with defects or defects in lots purchased, errors in description in the auction catalog, etc. ., false declarations regarding matters relating to the lots, or the non-fulfillment of the lots for the functions for which they are intended.
3.2 The aggregate liability of PDS and the Seller(s) for breach of contract or negligence in any matter/claim is strictly limited to the Offer Price and the associated Buyer's Premium and VAT.
3.3 Neither PDS nor Seller(s) shall be liable for any indirect or consequential loss or damage (whether loss of profits, loss of business or otherwise) suffered by any Buyer.
3.4 Nothing in these Terms shall exclude or limit the liability of PDS or the Provider(s) for death or personal injury caused by your 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 compatible with such statutory rights.
4: Execution of the sale
4.1 PDS reserves the right, in its sole discretion, to refuse any person access to the facilities and grounds without giving any reason.
4.2 Execution of the sale is at the sole discretion of PDS and PDS reserves the right to reject any bid for any reason. If any dispute of any kind arises in relation to any bid or bids, such disputes will be decided by PDS in its sole discretion and its decision will be final and binding on all parties involved.
4.3 Each bidder must register online before bidding. PDS reserves the right to refuse any registration at its sole discretion.
4.4 PDS and the seller(s) reserve the right to make a reservation for each lot.
4.5 No bids can be withdrawn after the offer closes.
4.6 PDS and the Seller(s) are free to withdraw, consolidate or split lots at any time before or during the sale (prior to closing).
4.7 The winning bidder for each lot on the Bid Closing Date 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 buyer's commission and VAT.
4.9 The highest bid at the end of the bidding under Condition 4.7 also marks the formation of a sales contract between the Seller(s) and the Buyer (the "Contract").
4.10 When bidding for lots, the buyer acts as a principal. Buyer will be personally and solely responsible for any bid, unless PDS has previously agreed in writing with Buyer that such bidder will do so on behalf of an identified third party acceptable to PDS. Where PDS has agreed to do so, if a third party is bound by the individual offer as its representative under these terms, the buyer and the third party will be jointly and severally liable for all obligations arising from the offer as if they were bidding in person.
5: risk and title
5.1 From the date and time of the Purchaser's declaration, all risk in relation to the purchased goods (the "Goods") shall pass to the Purchaser and the Purchaser is advised to insure the relevant Lots without undue delay.
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 goods or parts thereof are lost, stolen, damaged or destroyed after the buyer's declaration.
5.4 The seller(s) only sell title to the goods they own. Neither PDS nor Seller(s) warrant to Seller(s) title to any Goods and if Seller(s) is found to have no title or free title to any Goods allegedly sold under these Terms, the buyer expressly agrees that he has no right to withdraw from the contract or to claim damages or a reduction in the consideration paid or payable under the contract.
5.5 In the event that a third party claims title to all or any lot sold, the seller reserves the right to terminate the contract (prior to removal) for the sale of that lot and refund to the buyer all monies paid by the buyer, together with the associated buyer commission and VAT for the relevant batch.
5.6 Title to any of the Goods shall not pass until:-
(i) all of Buyer's debts to PDS and Seller(s) (whether paid in part, secured or otherwise) have been discharged (debts will not be discharged until cleared funds are received by PDS or by the Seller(s). , depending on the case). Perhaps); AND
(ii) those goods have been removed from the place where the sale takes place or where the goods are fully stored.
6: Collection of goods
6.1 No batch or part thereof may be withdrawn until full payment has been made in accordance with the "General Instructions".
6.2 The lots will only be delivered to the registered buyer; no transfer of a batch or part of a batch to another person will be recognized.
6.3 No lot shall be withdrawn without authorization from the PDS, except under the supervision of officers or agents of the PDS.
6.4 Removal must be completed by 5:00 pm each day(s) or as specified in the "General Instructions".
6.5 The buyer is responsible for transporting the lots at his own expense and must provide adequate labor and equipment.
6.6 The PDS requires that, in pursuit of safe working practices, all contractors be covered by adequate insurance, along with all equipment used for lifting and transport (specifically, but not limited to: - Lifting equipment and forklift trucks) . Such documentation shall be prepared upon Buyer's request to PDS for inspection and if Buyer fails to provide such documentation, PDS reserves the right to refuse to vacate the Lot and/or withdraw from the sale, in which case the provisions of Condition 7 apply.
6.7 Appropriate personal protective clothing and footwear must be worn and due consideration given to safe material handling practices.
7: Late payment by the buyer
7.1 If the buyer fails to comply for any of the following reasons:-
(i) pay a deposit in full if required by these Terms, Special Terms or the "General Instructions";
(ii) pay the purchase price in full at maturity;
(iii) provide any documentation required by these Terms;
(iv) remove the Goods in a safe or satisfactory manner; or
(v) remove batches before or on the date scheduled for removal,
Seller(s) shall be entitled to terminate the Contract immediately without incurring any liability to Buyer and (without prejudice to any claim by Seller(s) and/or PDS against Buyer for breach of contract or otherwise) upon withdrawal As above, the following provisions apply:
(a) any amounts deposited in installments will be forfeited;
(b) if the Lots have been withdrawn in violation of these Terms, the Seller(s) and/or PDS, their servants or agents may enter the Buyer's premises to retrieve such Lots;
(c) Lots may be resold or disposed of by PDS in any way PDS deems appropriate and in its sole discretion. Defects resulting from resale, together with associated costs, will be payable by the defaulting buyer on the first sale;
(d) Buyer agrees to such resale under the terms and conditions of the PDS in effect at the time of resale;
(e) Neither PDS nor Seller(s) will be liable to Buyer for resale at a price greater than the price contractually payable by Buyer. In such event, Purchaser waives any claim it may have to the Lot and agrees that any resale price will be considered commercially reasonable; AND
(f) Buyer shall be responsible for all losses and costs incurred by Seller(s) and/or PDS, including storage, security and removal costs, cost of resale or disposal of batches and PDS commission.
8: Damage to facilities
8.1 Buyer is responsible for removal of any goods purchased at Buyer's own risk and expense and such removal must be done safely and legally and in accordance with any terms and conditions of sale communicated to Buyer. For the avoidance of doubt, correction will include (where applicable) disconnection of power supply and removal of all repaired parts.
8.2 All electrical installations must be maintained in a safe condition during and after disassembly.
8.3 The use of blasting or flame cutting equipment or any other potentially dangerous or flammable process is not permitted in the workplace without the express written consent of PDS.
8.4 Buyer is responsible for insuring and replacing any injury or damage to person or property caused by Buyer, its carriers, employees or agents removing goods purchased by Buyer.
8.5 Buyer shall provide PDS with insurance documentation upon request, and if Buyer fails to provide such documentation, Seller(s) or PDS reserve the right to refuse to vacate the lot and/or terminate the sale. /contract.
8.6 Buyer shall indemnify PDS for any damages or losses incurred by PDS in connection with any loss, damage or injury suffered by Buyer's agents or employees or third parties as a result of removal.
8.7 At its sole discretion, PDS may require payment of a security deposit to PDS prior to and/or during removal of Lots, which will be refunded when removal is completed to PDS's satisfaction. or PDS may deny the Buyer access to the premises to retrieve the good it has purchased and/or terminate the sale/contract, in which case the provisions of Condition 7 will apply.
8.8 PDS reserves the right to stop removal of any Lot or Lots by a Buyer, its agents or employees if PDS or its agents or employees believe that removal is being performed in an unsafe or unsatisfactory manner.
9: accident or damage
9.1 Neither PDS nor the Provider(s) accept responsibility for any accident, except for accidents resulting from the negligence of PDS or its agents or employees, resulting in death or personal injury to any person, which may occur in the course of operation. from PDS premises, the premises of the seller(s) or other premises where the auction takes place or where the lots are stored before, during or after the sale.
9.2 Anyone entering these facilities does so at their own risk and is assumed to be aware of the state of the facilities and their contents.
10: Consumer Protection Act 1987
No lot will be sold as new. No warranties or warranties are given for any/all lots offered/sold.
11: Health and Safety
11.1 The buyer and prospective buyer are expressly advised that any plant, machinery or equipment incorporated into the Goods at the time of sale will 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 statute or regulation governing the use of such equipment, machinery or equipment in a work environment.
11.2 Lot purchasers must ensure (to the extent reasonably practicable) that such items are safe and without a health hazard and that the use of such items in a workplace within the EEC and the UK does not infringe any law or regulation applicable to such violated use
12: Hazardous Substances
12.1 Purchaser (and potential purchaser) is expressly aware that certain types of facilities or major services may contain blue and white asbestos, hazardous chemicals and hazardous waste which, if improperly handled, may result during your removal from the facility in breach. of Health and Safety at Work Regulations Etc. Act of 1974, Sections 2-9 of the Control of Substances Hazardous to Health Regulations of 1988 ("COSHH") or other current legislation governing the use of such substances in a work environment.
12.2 As far as possible, Buyer shall ensure that it complies with or is required to comply with the Occupational Health and Safety Etc Act. 1974, COSHH and other applicable laws relating to the removal, handling and transportation of any hazardous material and/or hazardous waste a company specializing in distance.
12.3 Purchaser shall satisfy the PDS with respect to its disposal procedures upon request and, in this regard, disposal of waste materials shall be carried out by an approved and licensed contractor. Buyer shall indemnify PDS and Seller(s), their employees or agents against any loss, damage or expense incurred as a result of Buyer's or any subcontractor's failure to comply with this law.
13: Rights of Third Parties
PDS and the Provider(s) shall have the benefit and right to enforce the provisions of these Terms and the Agreement. In addition, no party other than a party to these Terms and the Agreement shall have any right to enforce the terms contained herein, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14: PDS as an Agent
PDS acts only as an agent for and on behalf of the Seller(s) and shall not be liable for any act or omission on the part of the Seller(s), Bidders or Buyer. Any contract of sale/agreement entered into is made directly between the seller(s) and the buyer, but is enforceable in accordance with Section 13 of the PDS.
15: Severability Clause
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 terms and allThe Special Conditions and any terms contained in the "General Notes" and any transactions and matters relating thereto shall be governed by and construed in accordance with English law.
17: The buyer's right to withdraw from the contract
Depending on how the buyer has agreed to purchase the goods, they may have a legal right to change their mind/cancel the contract within 14 days and receive a refund of any sums paid in respect of the goods. These rights are underConsumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. How much time the buyer has depends on what he ordered and how it is delivered. If the buyer has brought goods, he has 14 days from the day on which he (or a person designated by him) received the goods. Unless the goods are split into several deliveries on different days, in which case you have a period of 14 days from the day on which you (or a person designated by you) received the last delivery. To exercise these rights, the buyer mayPlease contact PDS in any way, including sending you the sample withdrawal form attached below.
The time
Example of cancellation form
(Please complete and return this form only if you wish to withdraw from the contract)
An Peter Davies & Sons Limited, Maple House, High Street, Potters Bar, Herts. EN6 5BS oder The Auction Complex, 1/16 Houldsworth Mill, Houldsworth Street, Stockport. SK5 6DA, 0345 257 2533, contact@pdsvaluers.com
I/we [*] hereby give notice that I/we [*] have terminated my/our [*] contract of sale for 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 communicated on paper),
Given
[*] If applicable, delete
© Crown-Copyright 2013.