Bidspotter.com-Live Internet Auction Broadcasting-Live Event Information-2010-09-03

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http://clarke-fussells.co.uk

Name

Extremely Modern Food Equipment

Where

Stockport Road
Amesbury United Kingdom

When

Wednesday, July 28th, 2010
Scheduled start time: 5:00 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: GBP IF/BP:17.5%

Contact

Phone: 0044+(0)1225 874677
Email: info@clarke-fussells.co.uk

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FORTHCOMING AUCTION To be held Wednesday 28th July 2010 PURE ORGANICS LIMITED (In administration) Amesbury, Wiltshire, UK Everything must go! LIVE AND ONLINE AUCTION Viewing on Tuesday 27th July and by appointment with the auctioneers

ALL GOODS ARE SUBJECT TO OUR STANDARD TERMS & CONDITIONS OF SALE
AND AS PER THE CATALOGUE. PLEASE NOTE THAT IT IS THE BUYER'S 
RESPONSIBILITY TO ENSURE THAT THEY ARE FULLY CONVERSANT WITH ANY 
LOTS ON WHICH THEY ARE BIDDING. NO REFUNDS WHATSOEVER WILL BE 
OFFERED AFTER THE FALL OF THE HAMMER. SOME 'BUYER TO REMOVE' ITEMS 
MAY REQUIRE THE BUYER TO PROVIDE A RISK ASSESSMENT AND/OR METHOD 
STATEMENT. SOME ITEMS MAY NEED DE-GASSING AND/OR MAY REQUIRE THE 
AREA TO BE MADE GOOD FOLLOWING REMOVAL. PLEASE SPEAK TO A CLARKE 
FUSSELLS REPRESENTATIVE TO ASCERTAIN DETAILS OF ANY SPECIAL HEALTH 
AND SAFETY REQUIREMENTS AND CABLE CUT-OFF POINTS.

OVERSEAS BUYERS MAY BE REQUIRED TO LODGE A DEPOSIT.  PLEASE NOTE 
THAT GOODS MUST BE PAID FOR WITHIN 24 HOURS OF THE SALE ENDING.  IT 
IS THE BUYERS RESPONSIBILITY TO OBTAIN AN INVOICE FROM CLARKE 
FUSSELLS IF THIS IS NOT RECEIVED FOLLOWING THE SALE. TEL: + 44 UK 
(0)1225 874677.

GENERAL CONDITIONS OF SALE
(as approved by The Royal Institution of Chartered Surveyors)

1.	Application of these General Conditions
1.1	In these general conditions the expression “the Auctioneer” includes his 
employees and agents and any person to whom conduct of the Auction is 
delegated under clause 5.11 below.
1.2	These General Conditions apply to every Auction of Plant and Machinery, 
Chattels, Trade Stocks and Vehicles conducted by the Auctioneer and to any 
Lot offered for sale in the Auction whether that Lot includes property fixed to 
land or not fixed to land or any other personal property.
1.3	If these General Conditions have not previously been accepted by a 
person attending or bidding at an Auction, bidding for any Lot in the Auction 
shall be deemed to be an acceptance by the Bidder of these General 
Conditions.
1.4	To the extent that these General Conditions are inconsistent with any 
special conditions set out or referred to in the Auction Catalogue or 
announced at the Auction, the special conditions shall prevail.
1.5	These General Conditions shall be governed construed and enforced in 
accordance with the law of England, but:-
	(a)if the Auction is held in Scotland, in accordance with the law of 
Scotland;
	(b)if the Auction is held in Northern Ireland, in accordance with the law 
in Northern Ireland.
2.	The Seller’s Instructions and Warranties
2.1	The Seller warrants that:-
	(a)to any Lot offered for sale he will be able to pass good and 
unencumbered title free from third party claims;
	(b)any Lot offered for sale may lawfully be sold;
	(c)the premises where the Auction is to be held (if not the Auctioneer’s 
premises) will be safe for that purpose and that it will be lawful to hold the 
Auction there.
2.2	If the Seller’s instructions are given by the Seller’s agent, the Seller’s 
agent warrants that he has the Seller’s authority:-
	(a)to instruct the Auctioneer;
	(b)to give the warranties set out in clause 2.1 above;
	(c)to instruct the Auctioneer to act in accordance with these General 
Conditions and any special conditions.
3.	The Auctioneer’s Remuneration
3.1	The Auctioneer’s remuneration shall be such as has been agreed between 
the Seller and the Auctioneer.
3.2	The Auctioneer may deduct his remuneration from monies received from 
Buyers before accounting to the Seller for the balance.
4.	Bidding on behalf of Another
4.1	Unless the Auctioneer has previously acknowledged in writing that the 
bidder bids as agent on behalf of a named principal, every bidder shall be 
taken to bid on his own behalf as principal.
4.2	If the Auctioneer has earlier acknowledged in writing that the Bidder bids 
as agent on behalf of a named principal, the Bidder warrants that he has the 
authority of his principal to make each bid he makes.
5.	Conduct of the Auction
5.1	The Auctioneer offers each Lot as agent of the Seller and not as principal 
unless otherwise indicated in the Auction Catalogue.
5.2	Any Lot may be subject to a reserve price unless otherwise indicated in 
the Auction Catalogue.
5.3	The Seller or his representative or the Auctioneer on his behalf may bid 
for any Lot unless otherwise indicated in the Auction Catalogue.
5.4	The Auctioneer may at any time before the fall of the hammer withdraw 
or divide any Lot or combine any Lots.
5.5	With the previous consent of the Seller, the Auctioneer may sell any Lot 
by private sale before or after the Auction.
5.6	The Auctioneer may require any Bidder to give his name and address and 
proof of identity before accepting a bid.
5.7	The Auctioneer may reject any bid at his sole discretion and without 
being required to give a reason.
5.8	The Buyer shall be the person who made the highest bid before the fall 
of the hammer or such other person as the Auctioneer may declare to be 
Buyer without being required to give a reason.
5.9	The Auctioneer may decide whether there is a dispute between Bidders, 
may summarily determine the dispute or immediately again offer the Lot for 
sale, in each case without being required to give a reason.
5.10	The Auctioneer shall in every other respect decide how the Auction 
is to be conducted and without being required to give a reason.
5.11	The Auctioneer may in his sole discretion delegate to a person whom 
he believes to be competent the conduct of the Auction in accordance with 
these General Conditions
6	After the Sale
6.1	Upon the Auctioneer declaring any Lot sold, the buyer shall 
immediately:-
	(a)give the Auctioneer his name and address and if requested his proof of 
identity;
	(b)identify any person on whose behalf he has bought;
	(c)pay to the Auctioneer if requested a deposit of up to 50 per cent of the 
price.
6.2	Within the time specified in clause 6.3 below, the Buyer shall pay the 
following sums to the Auctioneer in full:-
	(a)the balance of the price of all Lots purchased together with any VAT 
due;
	(b)the value as summarily determined by the Auctioneer, whose 
determination shall be final and binding, of all or part of any Lot or of the 
premises where the Auction is held which has been damaged or destroyed by 
the Buyer or his principal or agent.
6.3	The time for complying with clause 6.2 above shall be the time specified 
in the Auction catalogue or if no time is specified there, 4pm on the next 
working day, and in every case time shall be of the essence.
6.4	The Auctioneer may at any time in his sole discretion grant the Buyer an 
extension of time for complying with clause 6.2 above, in which case the 
Buyer shall pay the Auctioneer in full before moving or removing the Lot the 
interest on any unpaid sums at a rate of 5 per cent above Bank of Scotland 
base rate in force from time to time.
6.5	Until the Buyer has complied with clause 6.2 above:-
	(a)title to any Lot bought shall not pass to the Buyer;
	(b)the Lot shall be at the Buyer’s risk;
	(c)the Auctioneer shall have a lien over any Lot bought by the Buyer in 
the Auction;
	(d)if the Buyer effects or purports to effect a resale or any other 
disposition of all or part of the Lot, the Buyer shall hold the proceeds of 
resale or other disposition on trust for the Auctioneer and Seller.
6.6	On written request by the Buyer the Auctioneer shall provide a VAT 
invoice in proper form, if appropriate.
7.	Removal of the Lot bought
7.1	The Buyer may not remove any Lot he has bought until after the end of 
the Auction.
7.2	The Buyer may not remove any Lot until the Buyer has paid the sums 
specified in clause 6.2 above in full for every Lot he has bought.
7.3	After paying the sums specified in clause 6.2 above, the Buyer must 
remove the Lot bought by the time specified in the Auction Catalogue or if no 
time is specified there, 5pm on the next working day, and in every case time 
shall be of the essence.
7.4	The Auctioneer may at any time at his sole discretion and on terms 
specified by him grant the Buyer an extension of the time specified in clause 
7.3 above.
7.5	If the Lot bought is or includes a motor vehicle, no warranty is given that 
the vehicle may safely or lawfully be driven on the road.
7.6	When removing any Lot the Buyer:-
	(a)is responsible for detaching any Lot fixed to land and must do so 
safely and lawfully and must not use flame cutters, explosives or any other 
dangerous equipment or process without previous written permission signed 
by or on behalf of the Auctioneer;
	(b)must use safe and lawful means of removing the Lot;
	(c)shall indemnify the Auctioneer and Seller against any loss damage 
legal or other expenses and any claim arising from the detaching of the Lot 
or its removal.
	(d)shall have insurance in respect of such indemnity and shall on request 
produce to the Auctioneer a receipt for the last premium due or other 
sufficient evidence that such insurance has been effected and remains in 
force.
8.	Default by the Buyer
8.1	If at any time the Buyer has failed either to pay the sums specified in 
clause 6.2 above in full by the expiry of the time specified in clause 6.3 
above (or any extension granted under clause 6.4 above), or to remove any 
Lot by the time specified in clause 7.3 above (or any extension granted under 
clause 7.4 above) the Auctioneer may rescind the Sale of that Lot, in which 
case any deposit shall be forfeit, and that Lot may be resold by auction or 
privately.
8.2	If the Auctioneer has rescinded the sale but the Buyer has removed the 
Lot bought, the Auctioneer shall be entitled without previous notice to enter 
upon any premises where he believes the Lot to be and remove it.
8.3	If the Auctioneer has rescinded the sale and the Lot has been resold, the 
Buyer shall make good any deficiency, namely:-
	(a)the sale price less the resale price;
	(b)the costs of and incidental to resale.
8.4	If because the Buyer has failed to remove any Lot by the time specified in 
clause 7.3 above (or any extension granted under clause 7.4 above), the 
Seller is unable to give vacant possession on disposing of or relinquishing any 
interest in the premises from which the Lot should have been removed, the 
Buyer shall compensate the Seller for any loss resulting.
9.	Liabilities and Indemnities
9.1	The Auctioneer warrants that he believes that the Seller of each Lot is 
able to pass good title, and if the Seller is not able to do so, the Auctioneer 
shall use his reasonable endeavours to assist the Buyer in obtaining good title 
and in pursuing any remedies the Buyer might have against the Seller, but the 
Auctioneer shall not be bound to initiate litigation and shall not be under any 
other obligation to the Buyer.
9.2	Every Lot is sold as seen and where lying. The Purchaser will be deemed 
to have carefully inspected, prior to bidding, any Lot he intends to purchase.
9.3	No Lot is sold as comprising or including any new goods.
9.4	The Auctioneer neither has nor professes any expert or other knowledge 
of any Lot sold and is hereby excluded any liability the Auctioneer might 
otherwise incur and any right or immunity the Buyer might otherwise possess 
in respect of any  conditions warranties or representations relating to the 
condition of any Lot sold or the merchantable quality of the Lot or its fitness 
for the particular or any purpose for which it is or may be required whether 
such conditions warranties or representations are expressed or implied in the 
Auction Catalogue or are the subject of oral or written statements made by or 
on behalf of the Auctioneer or any other person before or in the course of the 
Auction.
9.5	No liability shall attach to the Auctioneer either in contract or in tort for 
loss, injury or damage legal or other expenses sustained by the Seller, any 
Bidder, the Buyer or any other person by reason of:-
	(a)any defect in any Lot sold, whether or not such defect be latent or 
apparent on examination;
	(b)any defect or danger of the premises where the Auction is held;
	(c)any alleged failure of the Auctioneer to properly advertise the Auction 
or to seek or obtain expert legal advice with regard to any Lot offered for sale 
or its reserve price;
	(d)any act or omission of the Auctioneer in the conduct of the Auction or 
after the Auction;
	(e)any act or omission of any person other than the Auctioneer.
9.6	The Seller shall indemnify the Auctioneer in respect of any claims made 
by another or third party for any loss injury damage or legal or other 
expenses referred to in clause 9.5 above.
9.7	The Auctioneer shall not be liable to indemnify the Seller or any Bidder or 
the Buyer in respect of any claims made by another or third party for any loss 
injury damage or legal or other expenses referred to in clause 9.5 above.
9.8	Clauses 9.3 to 9.7 shall not be valid insofar as prohibited by statute.
9.9	In no circumstances shall the Auctioneers be liable for any consequential 
damage.
10.	Waiver
10.1	No indulgence shown by the Auctioneer shall prevent the Auctioneer 
or the Seller from subsequently insisting upon their respective rights and 
remedies.

Prospective export purchasers must declare their intention to export at point 
of registration and complete a separate registration form available from 
Clarke Fussells office. A VAT deposit equal to the amount of VAT payable may 
be taken and held by Clarke Fussells until satisfactory proof of export is 
received.

Clarke Fussells
Specialist Food Machinery Auctioneers
499 Bath Road, Saltford,
Bristol BS31 3HQ

Tel: +44 (0) 1225 874677  Fax: +44 (0) 1225 874306
Email: sales@clarke-fussells.co.uk  
Website: www.clarke-fussells.co.uk

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