GENERAL INFORMATION
LOCATIONS
Lose 1 – 190 Thame
Lose 200 – 208 Oldham
Lots 0B, 0C and 220 - 550 Brentwood
Lose 0A, 600 – 750 Stockport
Lose 800 – 910 St. Ives
VIEWING - By appointment only
Please send an emailcontact@pdsauctions.comto see the quote.
Wednesday 12IsApril - 10h – 14h
OFFER END
Thursday 13thIsApril 2023 from 10 a.m. M.
(1 lot ends every 30 seconds; a 10 minute bid extension applies to each specific lot)
PICK-UP – By appointment only
Lots 1 – 200 Monday 17thIsand Tuesday 18IsApril (certain lots have a delayed pickup due to lot descriptions)
Lots 200 – 208 Monday 17IsApril
Lots 0B, 0C and 220 – 550 Wednesday 19IsApril
Lots 0A & 600 – 750 Wednesday 19IsApril
Lots 800 – 910 Tuesday 18thIsApril
TERMS OF SALE
All offers are subject to the terms of sale.
BUYER PREMIUM
A premium of 15% (plus VAT) will be charged on all lots.
PAY
Full payment for all lots is required within 24 hours of sale closing.
All lots must be paid for prior to pickup.
Cash or check payments are not accepted.
Payment Methods: -
1 Payments by bank transfer (stating the invoice number as reference):
To. Payment by BACS bank transfer or "Fast Payment Service" for transactions under £10,000
B. CHAPS for transactions over £10,000
2 debit cards over the phone (under £1,000 only)
3 online link with debit card
BANK DETAILS
Bank Name: The Credit Union
Classification code: 08 92 99
Account number: 69785599
Kontoname: Peter Davies & Sons Limited
BIC-Code: CPBK GB22
IBAN: GB43 CPBK08929969785599
VAT
All lots, with the exception of tax-exempt goods, are 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 auction price. Please note that the intention to exercise must be received no later than 30 days after the auction date and the supporting documents must be received no later than 90 days after the auction date. The Buyer's Premium applies to UK deliveries and VAT is non-refundable, 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 delivery service and do not arrange couriers.
SECURE
The goods become the property of the buyer immediately after the end of the auction.
THE SALE OF PROPERTY 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 conditions on which Peter Davies & Sons Limited ("PDS") as agent of the Supplier(s) will contract with Buyers. Going constitutes acceptance of these Terms and all terms and special terms in the "General Notices". In the event of any conflict between these Terms and the point in any Special Terms and the "General Notices", PDS reserves the right to choose which term(s)/term(s) apply.
2: inspection and description
2.1 Buyers are strongly encouraged (and have a responsibility) to attend viewing days and conduct their own inspection of all matters relating to all lots; they must determine the condition, quantities and description of the lot, along with its suitability and fitness for purpose, prior to sale.
2.2 Goods are believed to be accurately described but all goods are sold with all faults, blemishes and misdescriptions.
2.3 Neither PDS nor the Seller(s) nor their employees or agents make or represent any authority, nor do the persons they employ make any representation or warranty in connection with 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 any Buyer arising out of or relating to any defect or defect in the Lots purchased, misdescription in the Auction Catalogue, etc., or inaccuracies in any matter concerning the Lots , or the failure of the lots to perform the functions for which they are intended.
3.2 The aggregate 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 lost profits, loss of business or otherwise) suffered by any Buyer.
3.4 Nothing in these Terms excludes or limits the liability of PDS or Providers 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 PDS reserves the right, in its sole discretion, to refuse entry to the facilities and grounds to any person for any reason.
4.2 Completion of the sale is at the sole discretion of PDS and PDS reserves the right to refuse any offer for any reason. If any dispute of any kind arises in connection with any offer or offers, such disputes will be decided by PDS in its sole discretion and its decision will be final and binding on all interested parties.
4.3 Each bidder must register before bidding online. PDS reserves the right to refuse any registration at its sole discretion.
4.4 PDS and the Vendor(s) reserve the right to withhold lots.
4.5 After the end of the auction, bids can no longer be withdrawn.
4.6 PDS and the Seller(s) have sole discretion to withdraw, consolidate or split lots at any time prior to or during the sale (prior to closing).
4.7 The winning bidder for each lot at the close of the auction will be the "Buyer" (subject to any provisos) and subject to the approval of PDS and the seller(s).
4.8 The sale price does not include the buyer's premium or VAT.
4.9 The highest bid upon completion of the bid in accordance with Condition 4.7 also marks the conclusion of a contract of sale between the Seller and the Buyer (the "Contract").
4.10 When bidding on a lot, the buyer acts as principal. Buyer is personally and solely responsible for any bid unless PDS has previously agreed in writing with Buyer that such bidder is doing so on behalf of an identified third party. acceptable for PDS. In cases where PDS has agreed so, the buyer and the third party shall be jointly and severally liable for all obligations arising from the offer if a third party is bound by these conditions by the person making the offer as his representative in the same way as if they offer personally.
5: risk and title
5.1 From the date and time Buyer declares, all risk in relation to the goods purchased (the “Goods”) shall pass to Buyer and Buyer is advised to obtain insurance coverage for 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 the goods or parts thereof are lost, stolen, damaged or destroyed after the declaration of the buyer.
5.4 The Seller(s) are only selling ownership of the Goods that they may have. Neither PDS nor the Seller(s) guarantee the Seller(s) title(s) in any of the Goods and if it is determined that the Seller(s) have no title or unencumbered title in any of the Goods to be sold under these Conditions is correct Buyer expressly agrees that Buyer shall have no right to terminate the Contract or to claim any damages or reduction in the consideration paid or payable under the Contract.
5.5 In the event that a third party claims ownership of part or all of a lot sold, the seller(s) reserve the right to terminate the contract (prior to removal) for the sale of that lot and to pay all costs to the buyer refund any monies paid by the buyer together with associated buyer's commission and VAT for the lot in question.
5.6 Title to any of the Goods will not pass until:-
(i) all debts of Buyer to PDS and the Supplier(s) (whether partially paid, guaranteed or otherwise) have been discharged (debts will not be discharged until PDS or the Supplier(s) receive cleared funds, as the case may be ); And
(ii) said goods have been removed from the premises where the sale was made or where the goods were 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 Instructions".
6.2 Delivery of a lot will only be made to the registered buyer; the transfer of a lot or part of a lot to another person will not be recognised.
6.3 No lot will be withdrawn without the approval of PDS and under the supervision of PDS officials or employees.
6.4 Dismantling must be completed by 5:00 p.m. M. daily or as indicated in the "General Instructions".
6.5 The buyer is responsible for removing the lots at his own expense and must provide adequate labor and equipment.
6.6 The PDS requires that in the pursuit of safe working practices, all contractors and equipment used for lifting and moving must be covered by adequate insurance (particularly, but not limited to: lifting equipment and forklifts). Such documentation must be provided to PDS by Buyer for inspection upon request and if Buyer fails to provide such documentation PDS reserves the right to refuse to liquidate the lot and/or terminate the sale, in which case the provisions of the Condition will apply 7.
6.7 Appropriate personal protective clothing and footwear must be worn and due regard must be given to safe material handling practices.
7: Late payment by the buyer
7.1 If the buyer defaults on payment for any of the reasons listed below:-
(i) pay a full deposit if required under these Terms, Special Terms or the "General Instructions";
(ii) pay the purchase price in full when due;
(iii) provide any documentation required under these Terms;
(iv) safely or satisfactorily remove the Goods; either
(v) withdraw lots on or before the date set for redemption;
Sellers shall have the right to terminate the Contract forthwith without liability to Buyer and (without prejudice to any claims by Seller and/or PDS against Buyer, whether in breach of contract or otherwise) upon termination. As stated above, the following provisions apply :
(a) any monies deposited in installments will be forfeited;
(b) if Lots have been removed in breach of these Terms, Seller and/or PDS, its employees or agents may enter Buyer's premises to collect such Lots;
(c) the Lots may be resold or disposed of by PDS in such manner as PDS deems appropriate and at its sole discretion. A defect arising from the resale will be paid in arrears together with the costs of the resale as a debt of the buyer. on first sale;
(d) Buyer agrees to such resale in accordance with the PDS Trade Terms in effect at the time of resale;
(e) Neither PDS nor the Seller(s) shall be liable to the Buyer in the event of a resale for more than the contractual price payable by the Buyer. In such a case, the buyer waives any claims. if you have title to the lot and agree that any resale price is deemed commercially reasonable; And
(f) Buyer shall be liable for all losses and costs incurred by Seller(s) and/or PDS from the time specified for final disposal, including storage, security and disposal costs, resale costs or disposition of lots and commission from PDS.
8: Damage to facilities
8.1 Buyer is responsible for removing any goods purchased at Buyer's 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 Buyer. For the avoidance of doubt, disposal includes (if applicable) disconnecting from the mains and removing all permanently installed parts.
8.2 All electrical installations must be left in a safe condition during and after dismantling.
8.3 The use of explosives or flame cutting equipment or any other potentially hazardous or flammable process is not permitted on the premises without the express written consent of PDS.
8.4 Buyer is responsible for insuring and repairing any injury or damage to person or property caused by Buyer, its carriers, employees or agents removing goods purchased by Buyer.
8.5 Buyer must provide insurance documentation to PDS upon request and if Buyer fails to provide such documentation, the supplier(s) or PDS reserve the right to refuse vacancy of the lot and/or terminate the sale/contract.
8.6 Buyer will indemnify PDS for any damage or loss suffered by PDS in relation to any loss, damage or injury suffered by Buyer's agents or employees or third parties as a result of the relocation.
8.7 PDS may, at its sole discretion, require payment of a security deposit to PDS prior to and/or during lot removal, which will be returned once removal is complete to PDS' satisfaction. o PDS may deny Buyer access to the property in order to retire the property purchased by Buyer and/or terminate the purchase/contract, in which case the provisions of Condition 7 shall apply.
8.8 PDS reserves the right to stop the removal of any Lot or Lots by a Buyer, its agents or employees if PDS or its agents or employees believe that the removal is being carried out in an unsafe or unsatisfactory manner.
9: accident or damage
9.1 Neither PDS nor the Provider(s) accept responsibility for accidents, other than accidents resulting from their negligence or the negligence of their agents or employees, resulting in death or personal injury, howsoever caused on the premises of PDS, the Provider(s). Seller(s) or other premises used to conduct the auction or to store the lots before, during or after the sale.
9.2 Any person entering such premises does so at their own risk and is assumed to be aware of the condition of the premises and their contents.
10: Consumer Protection Act 1987
Many are not sold as new. No guarantees are given with respect to any/all Lots offered/sold.
11: Health and Safety
11.1 Buyers and prospective buyers are expressly warned that at the time of sale any plant, machinery or equipment incorporated in the Goods will not necessarily comply with the Health and Safety at Work Act 1974; the Environmental Protection Act 1990; the Design and Construction Administration Regulations 1994 or any other statute or regulation of Parliament governing the use of such plant, machinery or equipment in a working environment.
11.2 Buyers of lots must ensure (as far as reasonably practicable) that these items are safe and without any health risk and that the use of such items in a workplace within the EEC and UK does not contravene any law or regulation relating to such use is applicable.
12: Hazardous Substances
12.1 The buyer (and potential buyers) are expressly made aware that certain types of property or large service facilities may contain blue and white asbestos, hazardous chemicals and hazardous waste which, if not handled properly, could result during their removal from the site 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 governing the use of such substances in a work environment.
12.2 Buyer shall, to the extent reasonably possible, ensure compliance with the Occupational Health and Safety Act 1974, COSHH and other applicable legislation relating to the disposal, handling and transport of any hazardous material and/or hazardous waste you require at a commission a specialist company with the disposal.
12.3 Buyer must satisfy PDS of its disposal procedures upon request and in this regard, disposal of waste materials must be performed by an approved and licensed contractor. Buyer shall indemnify PDS and its suppliers, their employees or agents against any loss, damage or expense incurred as a result of Buyer's or a subcontractor's breach of this law.
13: Third Party Rights
PDS and the Provider(s) will have the benefit and right to enforce the provisions of these Terms and the Agreement. Apart from that, no party other than a party to these Terms 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 als Agent
PDS acts solely as an agent for and on behalf of the Supplier(s) and shall not be liable for any act or omission on the part of the Supplier(s), Bidder or Buyer. Any contract of sale/contract entered into is made directly between the Seller(s) and the Buyer but is enforceable by PDS in accordance with Condition 13.
15: divisibility
If any provision of these Terms is held unenforceable for any reason, the remaining Terms will remain in full force and effect.
16: Applicable Law
These terms and allthe Special Terms and any terms contained in the “General Notes”, together with any transaction relating thereto and any matter relating thereto, shall be governed by and construed in accordance with English law.
17: Buyer's right of withdrawal
Depending on how the Buyer agreed to the purchase of the Goods, the Buyer may have the 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 under theConsumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The time available to the buyer will depend on what has been ordered and how it will be delivered. If the buyer has brought goods, he has 14 days from the day on which he (or a person nominated by him) received the goods. Unless the products are split into multiple deliveries on different days. In this case you have up to 14 days after the day on which you (or a person nominated by you) received the last delivery. To exercise these rights, the buyer canContact PDS in any way, including submitting the sample termination form in the program below.
Time schedule
Withdrawal form template
(Only fill out and return this form if you wish to withdraw from the contract.)
Para Peter Davies & Sons Limited, Ahornhaus, High Street, Potters Bar, Herts. EN6 5BS o 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 [*] terminate my/our [*] contract for the sale of the following goods [*]/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 sent on paper),
Datum
[*] Where appropriate, delete
© Copyright Krone 2013.