Blackrow Engineering Ltd in conjunction with AG Resource Solutions Ltd

In bidding you are accepting the terms detailed in our TERMS AND CONDITIONS OF SALE as outlined below.

Details of viewing arrangements, acceptance of bids, payment & clearance terms are detailed in our IMPORTANT INFORMATION

 TERMS AND CONDITIONS OF SALE BY ON-LINE AUCTION

1. Definitions and Rules of Interpretation

Auctioneer: The person conducting the online auction.

Bidder: Any person who offers to purchase any Lot.

Bid: An offer to purchase any Lot

Blackrow: Blackrow Engineering Ltd, (Company number 152249), Estate Road 7, South Humberside Industrial Estate, Grimsby, DN31 2TP.

Buyer: The person or company who buys the Item.

Buyer’s Premium: The commission payable by the Buyer to Blackrow on the Hammer Price.  This is set at 10%.  It is not negotiable.

Catalogue: The catalogue includes any website (www.bidspotter.co.uk, www.ag-resourcesolutions.com ), advertisement, brochure, estimate, price list and other publication in connection with an online auction conducted by either Blackrow or AG Resource Solutions.

Clearance Date and Time: The date and time on which all Lots must be removed by the Buyer from the Location as specified at www.bidspotter.co.uk.

Deposit: Buyers shall pay a deposit of 200 GBP (plus VAT) to register in the auction.  This will be paid to Blackrow and deducted from successful Bids.  If you are not successful, the deposit will be refunded.

Equipment:  The plant and machinery owned by the Seller and to be sold at online auction by Blackrow on behalf of the Seller and is listed Catalogue.

Hammer Price:  The price at which an Item is Knocked Down at the end of the online auction.

Item: An item of Equipment.

Knocked Down: Acceptance by Blackrow of the best offer from a Buyer to purchase an Item.

Legislation: All statutory acts and regulations relating to the use, operation, removal, transportation and disposal of any Equipment including but not limited to the Health and Safety at Work etc Act 1974; Water Industry Act 1991; The Provision and User of Work Equipment Regulations 1998; Lifting Operations & Lifting Equipment Regulations 1998; Management of Health and Safety at Work Regulations 1999; Supply of Machinery (Safety) Regulations 1992 (as amended); Electrical Equipment (Safety) Regulations 1994; Electromagnetic Compatibility Regulations 1992; Simple Pressure Vessels (Safety) Regulations 1991 and Gas Appliances (Safety) Regulations 1995.

Lift-Out Service: The service provided exclusively by Blackrow to remove Item from the Seller's premises to enable the Buyer to collect the Item.

Lift-Out Service Charge: The charge payable by the Buyer to Blackrow for the provision of a Lift-Out Service. 

Location: The premises at which the Lots are located as set out in www.bidspotter.co.uk.

Minimum Reserve Price: The price (if any) agreed between Blackrow and the Seller as being the reserve price for each Item.

Sale: The sale of any Lot by online auction.

Seller: The company or person offering the Equipment for sale by an online auction conducted by Blackrow.

Technical Problems: any problem, error, failure, difficulty, unavailability of service, malfunction, access or other limitation, incompatibility of software, availability of internet connection and/or other act or omission that interrupt or prevent Blackrow or its nominee from providing an Internet Auction Service.

Total Amount Due: the amount due from the Buyer being the aggregate of the Hammer Price in respect of the Item sold, the Buyer's Premium and any Lift-Out Service Charges (if applicable) plus (in each case) any applicable VAT.

VAT: value added tax chargeable under English law for the time being and any similar tax.

1    TERMS AND CONDITIONS OF SALE

These terms and conditions, together with any special conditions or ‘sale information’, are the only terms and conditions subject to which the Blackrow Engineering Ltd acting as agents for the Seller will contract with Buyers. Bidding for any lot shall be deemed to be an acceptance of these terms and conditions. If there is any inconsistency between any of these conditions and the Sale Information, then those in the Sale Information will prevail.

2  INSPECTION AND DESCRIPTION

2.1 Buyers have a responsibility to make their own inspection and investigation of the Lots to satisfy themselves on all matters affecting the lots, and to inspect and satisfy themselves prior to the sale, as to the condition and description of a lot, its fitness and suitability for purpose.  Viewing will be by appointment only.

2.2 Items are believed to be correctly described but all items are sold ex works, as is, with all faults, imperfections and errors of description.

2.3 Neither the Seller nor the Auctioneer (nor any person in the employment of or contracted by the Auctioneer) has any authority to give any representation of warranty in relation to any Lots.

 3  LIMITATION OF LIABILITY

3.1  Neither the Seller nor the Auctioneer shall be liable for any loss or damage suffered by the Buyer arising out of or in connection with any defects or deficiencies in any lots purchased, errors of description in the auction catalogue, any mis-statements as to any matter affecting the lots or the failure of the lots to fulfill the functions for which they were intended

3.2  The Auctioneers and the Sellers total liability for breach of contract or negligence is limited to the Bid Price.

3.3  Neither the Auctioneer nor the Seller shall be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business or otherwise) incurred by the Buyer whatsoever.

3.4  Nothing in these conditions excludes or limits the liability of the Auctioneer or Seller for death or personal injury caused by their negligence or fraudulent misrepresentation.

3.5  Nothing in these conditions shall prejudice the statutory rights of a Buyer who shall be bound by these conditions only insofar as they are consistent with such statutory rights.

4  CONDUCT OF SALE

The Auctioneer reserves the right in their absolute discretion to refuse admission to the premises and grounds to any person.

The conduct of the sale shall be at the Auctioneers’ sole discretion and the Auctioneer reserves the right to refuse any bids without giving any reason. If any dispute arises, of whatever nature, relating to a bid it will be determined by the Auctioneer at his discretion and his decision will be final and binding on all parties.

Each bidder must register prior to submitting any bids at www.bidspotter.co.uk.  The Auctioneer reserves the right to reject any registration at its sole discretion.

The Seller and the Auctioneer reserve the right to fix a reserve price for any lot.

No bid may be withdrawn after the close of bidding.

The Seller or the Auctioneer have absolute discretion to withdraw consolidate or divide any lot at any time.

The highest bidder for each lot at the close of bidding shall be the Buyer, subject to approval by the Auctioneer and the Seller. The Sale Price is exclusive of the buyer’s premium and VAT. The highest bid at the close of bidding subject to approval by the Auctioneers and Seller also marks a conclusion of a contract of sale between the Seller and the Buyer.

In making a bid for any Lot, the Buyer does so as principal. The Buyer will be held personally and solely liable for a bid unless the Auctioneers have previously agreed in writing with the Buyer that that bidder will do so on behalf of an identified third party acceptable to the Auctioneer. In circumstances where the Auctioneers have so agreed, the Buyer and the third party will jointly and severally be liable for all obligations arising from the bid where a third party shall be bound by these conditions by the individual bidding as his agent in the same way as if he were bidding personally.

Bidders must be at least 18 years of age and by registering the Bidder warrants that he is and is capable of forming a legally binding contract.

The Auctioneer cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the on-line Auction and the Bidders ability to Bid online. The Auctioneer will not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the on-line Auction.

The Auctioneer may at any time, without notice, postpone or cancel an on-line Auction or extend an on-line Auction beyond the published closing time.

The timed on-line Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed on-line Auction the scheduled close of the timed on-line Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed on-line Auction. Every time a Bid is placed within ten minutes or less left in the on-line Auction an additional ten minutes Bidding time is added until there are no more Bids. Such time shall then be deemed to be the close of the timed on-line Auction.

In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer or the Seller.

On registration for the on-line Auction, Bidders will be added to the mailing list of AG Resource Solutions for the purpose of notification of future on-line auctions and private treaty sales by e-mail. If a Bidder wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email.

5 PAYMENT TERMS

A deposit of 200 GBP is payable upon registering for the online auction.  This will be taken by credit/debit card.  Please note a 3% surcharge will be made regardless of the card type, as Bidspotter cannot currently differentiate between UK private debit cards, UK corporate debit cards & international debit cards - the latter 2 categories are far more expensive to process than private debit cards. A payment link for online payments will be sent to successful bidders immediately after the sale ends. (We need to check this)

The remaining balance plus the Buyer’s Premium and Lift-Out Service must be paid in full within  48 hours (two working days) of the invoice date and shall be at the Buyer`s risk immediately upon the conclusion of the sale.

The Auctioneer reserves the right to take full payment by way of a credit/ debit card payment from the card presented for registration if the payment terms above are not complied with.

Telegraphic Transfer - Bank details for telegraphic transfer:

Account: Blackrow Engineering Ltd

Bank: NatWest

Sort Code: 53-50-10

Account Number: 50021923

SWIFTCODE – NWBK GB 2L

IBAN: GB 10 NWBK 5350 1050 0219 23

Debit Cards: The Company accepts debit cards for payment of invoices. The Company does not accept credit cards for payment of invoices.

All sums payable are exclusive 20% VAT which the Buyer will also be required to pay. (Overseas Buyer see below).

If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Seller, the Buyer shall pay the Auctioneer interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% above the bank base rate of Barclays Bank Plc per month or any part thereof until payment in full is made.

6 OVERSEAS BUYERS

Overseas Buyers should ensure that the country to which the items are destined:

-          holds no import restrictions on the goods to be purchased.

-          has no import license restrictions or a restriction on currency allocation.

-          has no prolonged inspection procedure which might cause excess delay or refusal in allowing your goods to be imported.

Overseas Buyers will receive a fully descriptive invoice in order that they may arrange payment as soon as possible with the Auctioneers bank.

Overseas Buyers should employ a suitable freight forwarding organisation. Please note that many of the machinery removal companies in the United Kingdom are not necessarily freight forwarders. The Auctioneer will be pleased to advise accordingly.

The Auctioneer makes no representation and accepts no liability whatsoever to any Buyer in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

VAT Payments and Returns

All overseas Buyers (EU and non EU) will be charged VAT at the current rate on each Lot purchased. This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading as proof of export, providing this documentation is received within 3 months of the sale date. The Seller is unable to refund the VAT on the Buyer’s Premium to non EU countries.

Please note the VAT on the Buyer`s Premium can never be zero rated, even if the Lot/s are exported. WE CAN NEVER refund or zero rate the VAT for purchasers using a UK address on Bidspotter. If you don't inform us at the time of payment that you may be reclaiming the VAT, it will probably not be possible to claim a refund, regardless of whether you have ticked the 'VAT exempt' box when registering

7 RISK AND TITLE

As from the date and time the Buyer is declared, all risks in and relating to the Items purchased, shall pass to the Buyer and the Buyer is strongly advised to effect insurance for these risks at once. In no circumstances will the Auctioneers or the Seller be responsible if any Item or part thereof be lost, stolen, damaged or destroyed after the Buyer is declared.

The Seller will only sell such title to the Item as he may have. Neither the Auctioneers nor the Seller warrants the Seller’s good title to any of the Items and if it is found that the Seller does not have title or unencumbered title to any of the Items purported to be sold under these conditions the Buyer expressly agrees that it shall have no right either to rescind the contract or to claim damages or a reduction in the consideration paid or payable under the contract.

Title to each of the Items will not pass until:

(a) All debts owed by the Buyer to the Auctioneers (whether part-paid secured or otherwise) are settled, for the avoidance of doubt the debts shall not be settled until full payment is received and cleared by the bank.

(b) Such Items have been removed from the premises at which the sale is held or where the Items are being stored in their entirety.

8 REMOVAL

No Lot or part thereof can be removed until payment by credit card, debit card, bank transfer has been cleared and approved by the Auctioneer. No Lot shall be removed without the authority of the Auctioneer and must be under the supervision of the Auctioneers employees or his/her agents.

Removal shall take place as specified in our “Sale Information” and must be completed by the final date and time given. In every case time shall be of the essence and no extension will be made to these times unless written authority is obtained from the Auctioneers.

The Buyer has no right to anything not described in the auction catalogue.

Prior to the removal of any lot the Seller may rescind the contract for the sale of that lot and refund to the Buyer any money paid by the Buyer for the lot should any third party claim title to or possession of any part of the lot.

A mandatory Lift-Out service is provided and the Buyer will be quoted accordingly.  This will include positioning the Item(s) on the Buyers truck.

The Buyer is responsible for organizing appropriate transport and ensuring the Lift-Out agent is notified of date, time of arrival and vehicle registration number. 

Neither the Auctioneer nor Seller will be liable for any costs incurred by third parties or agents of the Buyer.

9   DEFAULT BY THE BUYER

The failure of the Buyer for whatever reason to:

(i)                 Pay a deposit in full if required under the Conditions of Sale; or

(ii)               Pay the purchase price in full on the due date; or

(iii)             Provide any documentation required under these conditions; or

(iv)              Remove the goods in a safe or satisfactory way; or

(v)                Remove any lot from the premises on or before the date specified for removal.

The Seller will be entitled to rescind the contract immediately without incurring any liabilities to the Buyer and, without prejudice to any claims of the Seller and/or the Auctioneers against the Buyer arising from breach of contract or otherwise, should this occur the following provisions apply:

(a)  All monies deposited in part payment will be forfeited and used to pay the Seller`s and/or Auctioneer`s expenses referred to in paragraph (d) below;

(b)  If the lots have been removed in breach of these conditions, the Seller and/or the Auctioneer or their agents may enter the premises of the Buyer to recover such lots;

(c)  Lots may be re-sold or otherwise disposed of by the Auctioneer in the manner he feels appropriate at their sole discretion and any deficiency arising upon the resale together with the expenses of it shall be due as a debt from the Buyer in default upon the first sale. The Buyer consents to such a resale on the Auctioneer’s conditions of business applicable at the time of resale. Neither the Auctioneers nor the Seller shall be liable to account to the Buyer in the event of a re-sale at a higher price than the price contracted to be paid by the Buyer. The Buyer waives any claim in such a case that he may have title to the lot and agreed that any re-sale price shall be deemed commercially reasonable;

(d)the Buyer will be responsible from the specified time for final removal for all losses and expense incurred by the Seller and/or the Auctioneers including storage, security and removal expenses, the costs of re-selling or disposing of lots and Auctioneer`s commission.

10  AUCTIONEER AS AGENT

The Auctioneer acts as the Agent for and on behalf of the Seller and shall not be held responsible for any action or default on the part of either the Seller, bidders or the Buyer. The Auctioneer is authorized to raise invoices and receive payment on behalf of the Seller.   

11   ACCIDENT OR DAMAGE

Neither the Auctioneers nor the Seller will accept any responsibility for any accident, (except for that arising out of its negligence, or the negligence of its agents or employees, resulting in death or personal injury) how ever caused to any person which may occur whilst on the Seller`s premises or other such premises used to store the lots before, during or after the sale and any person entering the premises does so at his own risk and is deemed to have notice of the condition of the premises and their contents.

12   HEALTH AND SAFETY AND ENVIRONMENTAL LEGISLATION

The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment. Neither the Seller nor the Auctioneer shall incur any liability to the Buyer because of any default or defect in all or any of the Lots. Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

13  CONSUMER PROTECTION LEGISLATION

The Buyer acknowledges that a Sale by Auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act 1977 and the Buyer shall not seek to rely upon and conditions or warranties implied thereby or by any other legislation.

auctioneer’s web site on the notice specific to that sale. Any notice which the Auctioneers send to the Buyer may be sent to the Buyer’s last address known to the Auctioneer.

 14 GOVERNING LAW

These Conditions and any Conditions contained in the Notices to Purchasers, along with all associated transactions and all connected matters shall be governed and construed in accordance with English Law

 In the event that any provisions of these conditions shall be held unenforceable for any reason, the remaining conditions shall remain in full force and effect.