NOTICE TO BUYERS
VISIT:
• Lots can be viewed as follows: Tuesday, April 11, 2023, from 9:00 am to 4:00 pm.
• Located at Unit 27 Optima Park, Thames Road, Dartford Kent DA1 4QX
OFFER ENDS:
• Bidding will end at: 12:00 on Wednesday, April 12, 2023 [subject to normal 10 minute extension] WHEN ALL HIGH BIDDS WILL BE CONSIDERED.
ACCEPTANCE OF HIGHEST FINAL OFFERS - IMPORTANT NOTE:
• Acceptance of all higher end offers is subject to our customer's approval.
• Lambert Smith Hampton reserves the right to reject any offer it deems does not reflect fair value.
• Selected bidders will be notified by email before noon on Friday, April 14, 2023
BIDDING INSTRUCTIONS:
• Access to the tender can be obtained via our website www.lsh.co.uk/assetadvisory.
• All details including a valid email address must be provided to receive offer approval.
• If a bid is received within 10 minutes of the scheduled closing time, the bidding period on that lot will automatically be extended by an additional 10 minutes and by an additional 10 minutes for any bids received thereafter.
• Staggered completion deadlines have been applied to lots in this sale. Please check the lot you are bidding on for the end time.
• MAXIMUM BID: If more than one maximum bid of the same amount is made, the maximum bid placed first will be considered the highest bid and an additional bid will be required to take the lead. Bidders are notified by an automatic message that appears on the screen
• IMPORTANT: When bidding, don't forget to "REFRESH" the screen to make sure you're up to date with current offers.
• MAIL: All successful bidders will automatically have their information in our database to receive notifications of future sales made by Lambert Smith Hampton only. Should you wish to have your details removed from our database, please use the 'unsubscribe' function on our website (as above) or notify our sales management team at aaaccounts@lsh.co. uk
BUYER'S AWARD:
• The buyer will pay a purchase premium of 16% plus VAT, except for vehicles that will receive 10%, which will be charged on all lots.
• Premium is non-negotiable and will be paid by all buyers.
PAYMENT TERMS:
• All purchases must be paid for in full by noon on Monday, April 17, 2023
• All payments related inquiries should be directed to our Sales Accounts team, aaaaccounts@lsh.co.uk
• Please note that we cannot accept credit or debit card payments (details required when registering are for name and address validation purposes only).
Please refer to the page titled "PAYMENT DETAILS" for acceptable payment methods.
LAMBERT SMITH HAMPTON WILL NOT ACCEPT ANY CASH TRANSACTION GREATER THAN £7,000 UNDER ANY CIRCUMSTANCES.
VALUE ADDED TAX:
• Buyers will be charged Value Added Tax on all lots, when applicable, according to prevailing rates.
DEPOSITS:
• Buyers are required to pay a deposit for lots that cause damage or leave a hole in the building structure upon removal. These batches will be specified in the sales catalog. The deposit will be refunded once the buyer has satisfactorily fulfilled.
RISK:
• The bidder/buyer is at risk as the buyer is notified of their successful purchases and is strongly encouraged to purchase insurance immediately, regardless of whether title has passed. Title does not pass to the buyer until full payment is received.
RECORDED "USAGE" READINGS: Time and odometer readings on machines and vehicles in this sale cannot be guaranteed and should not be relied upon.
COMPUTER SOFTWARE: Due to the Data Protection Act, all software and data will be removed from computers prior to sale.
TERMS AND SETTLEMENT AGREEMENTS
• All lots must be picked up between Monday, April 17, 2023 and Thursday, April 20, 2023. There will be no further access after this time.
The site will be open from 9 am to 4 pm. Note that certain items will require a method declaration; consult the catalogue.
• Please note that there will be a forklift on site to assist with lifting and loading.
• All metal stock lots will be picked up and loaded by a Lambert Smith Hampton representative on site (including lots: 92 - 142)
• Be sure to bring the necessary tools and labor and arrive on site well in advance to allow for safe dismantling.
And upload your lots before the site closes.
• Lambert Smith Hampton does not print labels, pack, post, deliver or ship the goods and the bidder must make its own arrangements to comply with the release terms
• Settlement of all lots must be carried out in accordance with the Occupational Health and Safety Law, 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 purchase a lot that requires RAMS to complete, please note that you will not be allowed access to the site to begin collecting ANY of your lots until it has been completed and reviewed the required RAM. by an LSH representative. If you need to access the site during the collection period to check your equipment for RAMS purposes or have any other queries, please contact Kevin Powell on 07976 732244 kpowell@lsh.co.uk
• Lambert Smith Hampton reserves the right to stop cleaning if, in its opinion, it believes that it is being carried out in an unsafe manner or without the Statement of Methods and Risk Assessment.
• Buyer must ensure that its contractors have adequate liability insurance, copies of which must be made available to Lambert Smith Hampton upon request.
• Any liquid left in purchased batches MUST be removed from the site in accordance with the Control of Substances Hazardous to Health (COSHH) Regulations.
SALE CONDITIONS
All lots will be sold in accordance with the Sales Conditions printed on the cover of the catalogue. Bidders are strongly advised to read them carefully.
BATCH TRANSFER:
Lambert Smith Hampton will only accept payment and allow deletion of lots purchased by the successful buyer or his duly appointed agent.
NON FOREIGN BUYERS:
Overseas buyers must, when accepting offers, state their intention to export their property immediately and notify our Sales Coordinator, Emma Gaines [aaaccounts@lsh.co.uk]
Overseas buyers will need to provide details of:
(a) Your passport(s)
(b) Another method to confirm your identity, i.e. driver's license, name,
address, UK agent (if any), telephone and fax numbers.
(c) Full details of your home bank and your UK correspondent 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, has no import restrictions on the products 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 may cause an excessive delay in the clearance of imports of its goods.
(h) You will receive a fully descriptive invoice so that you can process the payment as quickly as possible with our bank.
(i) You employ a reputable freight forwarding company. Keep in mind that many of the machine removal companies in this country are not necessarily forwarders. We will be happy to advise you accordingly.
(j) You have read the Conditions of Sale.
Have in mind:
(a) We will not allow any Lots to be removed from the Sales site until our Accounts Department has received notification from our bankers that your payment has been properly settled in full. The money must be transferred to ourselves within the time period set out in the "Notice to Buyers"
(b) If there are any special arrangements you wish to make with us, you must contact us at least three days before the date of the Sale.
(c) Our conditions relating to the payment of VAT and subsequent refunds.
VAT on Goods intended for Export:
All buyers wishing to export their purchases will be charged a deposit equal to the VAT due for each lot purchased and the Buyer's Premium.
To qualify for a discount, goods must be exported in accordance with "Indirect Export" regulations and valid proof of export must be received by Lambert Smith Hampton within one month of the date of export. Where satisfactory evidence 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 notified of your intention to export before picking up the goods.
International Bank Charges: Please note that LSH will seek to recover any charges incurred in transferring the refunded VAT deposit.
The above information must be provided in writing to our Sales Coordinator, Ms. Emma Gaines, Lambert Smith Hampton, First Floor, 2 Manor Court, Barnes Wallis Road, Fareham, PO15 5TH, on official company letterhead and signed by the name of the contact mentioned.
If you intend to export your purchases using your own transport (whether by sea, rail or air), VAT will be collected and refunded upon receipt of satisfactory documentation proving the removal of the purchased goods.
Lambert Smith Hampton reserves the right to refuse acceptance of bid from any bidder if Lambert Smith Hampton is unable to satisfy any of the above.
CONDITIONS OF SALE THROUGH ONLINE AUCTION
1: Conditions
These conditions, together with any 'Special Conditions' or 'Notice to Buyers', are the only terms and conditions subject to which Lambert Smith Hampton (LSH) (the "Auctioneer") acting as agent for the Supplier (the "Seller") will contract with buyers (the "Buyer"). Bidding on any lot will be deemed acceptance of these terms and any terms in the Notices to Buyers. If there is any inconsistency between any of these terms and anything in the Notices to Buyers, the Notices to Buyers will control.
2: Inspection and Description
2.1 Buyers are responsible for carrying out their own inspection and investigation of the lots at the time(s) and in the facilities specified, and for verifying all matters affecting the lots, and for inspecting and satisfying prior to sale, as to the condition and description of a lot, its suitability and fitness for purpose.
2.2 The Goods are believed to be correctly described, but all Goods are sold with flaws, stains and misdescription.
2.3 Neither the Seller nor the Auctioneers, their employees or agents make or give, nor any person employed by the Auctioneers has authority to make or give, any representation or warranty 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 relating to defects or deficiencies in the lots purchased, incorrect description in the auction catalogue, any errors - statements in any matter which affect the batches or the failure of batches to fulfill their intended functions
3.2 Auctioneer's and Seller's total liability for breach of contract or negligence is limited to the Bid 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) incurred by the Buyer.
3.4 Nothing in these conditions excludes or limits the liability of the auctioneers or the seller 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 Auctioneers reserve the right, in their sole discretion, to deny entry to the premises and land to any person.
4.2 The sale will be at the exclusive discretion of the Auctioneer, the Auctioneers reserving the right to reject any offer without justification. If any dispute of any nature arises in relation to an offer, such dispute will be resolved by the Auctioneers in their sole discretion and whose decision will be final and binding on all parties.
4.3 Each bidder must register before submitting any bid on Online Sales. Auctioneer reserves the right to reject any entry at its sole discretion.
4.4 The Seller and Auctioneers reserve the right to set a reserve price for any lot.
4.5 No offer may be withdrawn after the close of the bidding process.
4.6 The Seller or Auctioneer is free to withdraw, consolidate or split any lot at any time.
4.7 The highest bidder for each lot at the end of the auction will be the Buyer, subject to the approval of the Auctioneers and the Seller. The sales price does not include the buyer's premium or VAT. The highest bid on the closing date subject to the approval of the Auctioneers and the Seller also marks the execution of a contract of sale between the Seller and the Buyer.
4.8 When bidding for any lot, the Buyer does so as a principal. The Buyer will be personally and solely responsible for a bid, unless the Auctioneers have previously agreed in writing with the Buyer that the bidder will do so on behalf of an identified third party acceptable to the Auctioneers. In circumstances where the Auctioneers so agree, the Buyer and the third party will be jointly and severally liable for all obligations arising from the offer where a third party is bound by these conditions for the individual offer as its agent in the same way as if you were bidding in person.
5: Price
The price payable by the Buyer for the purchase of the insured lots will be the sale price, the highest bid being accepted by the Auctioneer in accordance with the conditions, plus the buyer's premium and any other associated costs (if any). and VAT applicable at the rate in force
6: IVA
The price of the purchased goods does not include Value Added Tax (VAT), which, if applicable, the Buyer must pay additionally to the Auctioneer.
7: Risk and Title
7.1Safe:From the date and time of the Purchaser's declaration, all risks relating to the Goods purchased shall pass to the Purchaser and the Purchaser is strongly advised to take out insurance for these risks immediately. In no event will the Auctioneer or the Seller be liable for the loss, theft, damage or destruction of the Goods or any part of them after the Buyer's declaration.
7.2Title:Seller will only sell title to the Goods it owns. Neither the Auctioneers nor the Seller guarantee the good title of the Seller to any of the Goods and if the Seller is determined not to have title or clear title to any of the Goods allegedly sold under these conditions, the Buyer expressly agrees that it shall have 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 each of the Goods will not pass until:-
(a) all debts owed by the Buyer to the Auctioneers (whether paid in part under escrow or otherwise) are settled, for the avoidance of doubt, debts will not be settled until (when full or partial payment is made by check) all debts checks) in question were released; It is
(b) such Goods have been removed from the premises where the sale takes place or where the Goods are stored in their entirety.
8: Elimination
8.1 No lot or part thereof may be picked up until payment in cash (cash, approved bank slip, BACS or Chaps) has been made in full or (if part payment is made by cheque) the check has cleared at the Auctioneer. account. No lot will be withdrawn without the authorization of the Auctioneer and unless under the supervision of the Auctioneer's employees or representatives.
8.2 Pick up will only take place until 5pm. m. and must be completed no later than the dates and times specified and published in the Notice to Buyers or any date and time thereafter specifically stated in writing by the Auctioneer or written authorization is obtained from the Auctioneers for settlement after such time.
8.3 The Buyer is not entitled to anything that is not described in the auction catalogue.
8.4 Delivery of the sold lots will only be made to the declared Buyer and the transfer of any lot or part of a lot to any other person will not be recognized.
8.5 Prior to removal of any lot, Seller may terminate the contract of sale for that lot and refund Buyer any sums paid by Buyer for the lot should a third party claim title or possession of any part of the lot.
8.6 The Buyer will be responsible for removing the lots at its own expense and must provide its own labor and equipment.
8.7 Auctioneers require that, in pursuit of a safe work practice, all equipment used for lifting and transport is covered by adequate insurance, safety documentation established by the Health and Safety legislation in force at the time and registration of documents (mainly, but not limited to cranes, lifting equipment, goods lifts and forklifts). Such documentation will be provided to the Auctioneers and, if the Buyer does not present such documentation upon inspection request, the Auctioneers reserve the right to refuse the release of the lot and/or cancel the sale, in which case the provisions of the condition will apply. The equipment may only be used by operators who have valid and appropriate licenses to use such equipment.
8.8 Appropriate personal protective equipment (PPE) must be worn during these activities and due attention must be given to safe material handling practices.
9: Damage to facilities
The Buyer will be responsible for the removal of all purchased goods at its own risk and expense, such removal must be carried out in a safe and legal manner and in accordance with the conditions of sale communicated to the Buyer. For the avoidance of doubt, disposal includes, where appropriate, disconnection from the electrical grid and untying of fixed lots. All electrical installations must be carried out by a certified electrician and must be left in a safe condition during and after removal and the use of explosives or flame arresting equipment or any other potentially dangerous or inflammatory process will not be allowed on site without express authorization. written permission. auctioneers consent. Buyer shall be responsible for insuring and repairing any injury or damage to persons or property caused by Buyer, its carriers, employees or agents in detaching, disconnecting or removing any property purchased by Buyer. The Buyer will be required to present insurance documentation to the Auctioneers upon request and, if the Buyer fails to provide such documentation, the Auctioneers reserve the right to refuse liquidation of the lot and/or terminate the sale. Buyer will indemnify Auctioneers for any damage or loss that Auctioneers may suffer in connection with loss, damage or injury suffered by Buyer's agents or employees or third parties resulting from removal. At their discretion, Auctioneers may require Auctioneers to pay a deposit prior to and/or during withdrawal, which will be refunded when withdrawal is completed to the Auctioneer's satisfaction. If the Buyer refuses to deposit such amounts, the Seller or the Auctioneers may deny the Buyer access to the premises with the aim of withdrawing the lot purchased by them and/or rescinding the sale, in which case the provisions of condition 8 shall apply. The Auctioneers reserve the right to stop the removal of a lot by a Buyer, its agents or employees if it appears to the Auctioneers or their agents or employees that removal is being carried out in an unsafe or unsatisfactory manner.
10: Buyer's Default
In the event of default by the Buyer for any reason:-
(i) pay a deposit in full if required by the Conditions of Sale or special notices; any
(ii) pay the purchase price in full on the due date; any
(iii) provide any documentation required under these conditions; any
(iv) remove the goods in a safe or satisfactory manner; any
(v) withdraw any batch from the premises by the date specified for withdrawal,
The Seller shall be entitled to terminate the contract immediately without incurring any liability to the Buyer and, without prejudice to the Seller's and/or the Auctioneers' claims against the Buyer arising in breach of contract or otherwise, upon termination as mentioned above. , the following provisions apply:
(a) all monies deposited in partial payment will be forfeited 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 violation of these conditions, Seller and/or Auctioneers, their employees or agents may enter Buyer's premises to retrieve such lots;
(c) The auctioneers may resell or dispose of the lots as they see fit, at their sole discretion, and any deficiencies resulting from the resale, together with the expenses incurred, will be paid as the defaulting Buyer's debt on the first sale. Buyer agrees to such resale subject to the Auctioneer's terms of business applicable at the time of resale. Neither the Auctioneers nor the Seller will be liable to the Buyer for resale at a price greater than the agreed price to be paid by the Buyer. Buyer waives any claim to which Buyer may have title to the lot and agrees that any resale price will be considered commercially reasonable;
(d) Buyer shall be responsible, from the time determined for final disposal, for all losses and expenses incurred by Seller and/or Auctioneers, including storage, security and disposal, costs of reselling or disposing of lots and Auctioneer's commission.
11: Auctioneer as Agent
Auctioneers act solely as Agents for and on behalf of Seller and shall not be liable for any actions or defaults by Seller, bidders or Buyer. Any contract of sale concluded is made directly between the Seller and the Buyer.
12: Accident or Damage
Neither the Auctioneers nor the Seller will accept any liability for any loss, (except that arising from their negligence, or the
negligence of its agents or employees resulting in death or personal injury) however caused by any person which may occur on the premises of the Auctioneer, the Seller or other facilities used to conduct the auction or store lots before, during or after the sale and anyone entering the premises does so at their own risk and is deemed to be aware of the state of the premises and its contents.
13: Consumer Protection Act 1987
Lots are not being sold as new.
14: Health and safety at work
The Buyer's and potential Buyer's attention is expressly drawn to the fact that, at the time of sale, any item of plant, machinery or equipment contained in the Goods may not necessarily comply with the Occupational Safety and Health Act 1974; the Environmental Protection Act of 1990; Building Design and Management Regulations 2015 or any other Acts of Parliament or regulations governing the use of this plant, machinery or equipment in a working environment. Purchasers of any plant, machinery or equipment are obliged to ensure, as far as reasonably practicable, that such item is safe and without a risk to health and that the use of such items in an EEC and UK workplace does not violate any Act of Parliament or regulation applicable to such use.
15: Hazardous Substances
Buyers' (and potential buyers') attention is expressly drawn to the fact that certain types of factories or large service facilities may contain blue and white asbestos, hazardous chemicals and hazardous waste which, if not properly managed during removal facilities, may be 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 an environment of work . Buyer will ensure, to the extent reasonably practicable, compliance with the Occupational Safety and Health Act 1974, COSHH and other applicable legislation in relation to the disposal, handling and transport of such hazardous substances and/or hazardous wastes, or will engage a specialist contractor. to remove them. Buyer shall, upon request, satisfy Auctioneers regarding its disposal procedures and disposal of waste materials must be carried out by an approved and licensed contractor. Buyer shall indemnify Seller, its employees or agents for any loss, damage or expense suffered by them as a result of Buyer's or a subcontractor's violation of this law.
16: Notices
All notices or other communications will be in writing and, if sent by post, will be deemed received by the recipient on the second working day after dispatch or, if the recipient is outside the United Kingdom, on the fifth working day following the date boarding. applicable If any written notice is delivered by hand, it will be deemed received at that time. Any communication sent to the Auctioneers must be sent to the Auctioneer's address in the auction catalogue, or will be displayed on the Auctioneer's website in the specific notice of that sale. Any notice the Auctioneers send to the Buyer may be sent to the Buyer's last known address to the Auctioneer.
17: Rights of third parties
Except as expressly provided in these conditions, nothing in these conditions will be enforceable under the Contracts (Rights of Third Parties) Act 2001 by any third party.
18: Applicable Law
These Conditions and the Conditions contained in the Notices to Buyers, together with all associated transactions and all related matters, will be governed by and construed in accordance with English Law.
19: 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.