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Name

Complete Turkey Processing Facility

Where

Klein Broekstraat
5831 AH Boxmeer Netherlands

When

Thursday, December 1st, 2005
Scheduled start time: 6:00 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: EUR IF/BP:16.0%

Contact

Phone: 44 1642 457 461
Email: info@fairfieldauctions.co.uk

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Complete Turkey Processing Facility

Public Auction Sale Fairfield Industries Ltd in association with Rabin Worldwide offer for sale a complete Turkey processing facility
1st December 2005 Friki Facility Klein Broekstraat 5831 AH Boxmeer The Netherlands Viewing Wednesday, November 30th from 9:00 a.m. to 4:00 p.m. or earlier by appointment only
Click here to download our full-colour brochure (0.44Mb - this is a PDF file and you will need Adobe Acrobat Reader installed on your computer in order to view it)
16,000 Birds Per Day Capacity Factory utilized by Stork as test facility & showroom for process equipment Some equipment new 2004 Complete Receiving, Plucking, Evisceration, and Ground Product Processing Equipment • Receiving/Scalding/Plucking • Modern all Stork Automated Evisceration Line • Ground Turkey Production Equipment • Waste Water System with Blood/Feather Disposal Systems • Packaging and Cutting Equipment

Conditions Of Sale

1.    These Conditions together with those set out in the Notice to Purchasers appearing in this catalogue are the only terms and conditions subject to which Fairfield Auctions ("The Auctioneer") as agents for the Vendor will sell goods to a purchaser ("The Bidder") and all other conditions, whether express, or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.

2.    The Auctioneer may at its discretion or upon the instruction of the Vendor:

(a)      Alter or withdraw all or any lots referred to in this auction catalogue up to the moment at which the hammer falls in relation to such lot(s).

(b)      Where a reserve has been placed on any lot, withdraw that lot in the event that the highest bid price does not meet the reserve.

(c)      Where two or more consecutive lots are similar in quantity and description offer a choice on any subsequent lots to the bidder at the same price.

(d)      Bid for any lot or lots offered for sale at the Auction.

3.    Each lot shall be sold to the highest bidder and in the event of any dispute arising between bidders such dispute shall be dealt with in such manner as the Auctioneer may in its absolute discretion determine.

4.      Bidding shall be regulated by the Auctioneer in such manner as it may think fit and, without prejudice to the generality of the foregoing the Auctioneer may without ascribing any reason therefore, refuse to accept any bid or may itself bid for the lot in question on behalf of any third party.

5.    The Buyer will pay to the Auctioneer a Premium of 16% on the "Hammer Price" to which will be added Value Added Tax at the current rate. The Premium is not negotiable and is payable by all purchasers. The Auctioneer, when acting as Agent for the Seller, may also receive Commission from the Seller.

6.    (a)      Immediately following the fall of the hammer the Bidder may be required to pay the Auctioneer in cash or in whatever form the Auctioneer may agree 25 per cent of the price of each

lot which it has purchased and will supply the Auctioneer with whatever information the latter may require concerning the identity and place of abode of the Bidder. Deposits paid hereunder shall be held by the Auctioneer as general deposit for all lots purchased by the Bidder at the sale.

(b)       The balance of purchase monies due will be paid to the Auctioneer on or before the date specified in the Notice to Purchasers.

(c)      All lots will be cleared by the Bidder from the premises at which they are sold (subject to the conditions set out in paragraph 7 hereof) not later than the time and date specified in the Notice to Purchasers and this condition shall be of the essence of the contract.

(d)      Should the Bidder fail to comply with any of the foregoing requirements the lot or lots which have been knocked down to him or any part thereof may be reoffered for sale, destroyed or otherwise disposed of by the Auctioneer in any manner as it shall in its absolute discretion deem fit, and any deposits paid shall be forfeit.

(e)      Without prejudice to any claims that the Auctioneer and/or the Vendor may have against the Bidder for breach of contract or otherwise the Bidder will become liable from the expiration of the time referred to in Paragraph 6(c) hereof for all storage, security and administration expenses and the cost of and incidental to re-selling and/or otherwise disposing of uncleared  items.

7.    (a)      The Bidder will only remove lots from the Vendor's premises by previous arrangement with and subject to the supervision of the Auctioneer or its appointed representative. The Auctioneer requires that any disconnection of any lot from the main electricity supply shall be undertaken by a fully qualified electrician at a point below the junction box.

(b)      The Bidder will not be permitted to remove any lots it has purchased from the Vendor's premises until all sums due in respect thereof have been paid and any cheques tendered in payment have received Banker's clearance.

(c)      If in the Auctioneer's opinion removal of any lot or part thereof will be likely to cause serious damage to the Vendor's premises or any other damage which the Bidder is either unable or unwilling to rectify the Auctioneer may by notice to the Bidder rescind the sale of such lot (returning the purchase money to the Bidder) or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose pursuant to paragraph 8 hereof.

(d)      Should any third party claim possession of or title to all or part of a lot prior to its removal from the Vendor's premises the Auctioneer reserves the right to rescind the sale thereof or to permit the removal thereof from the Vendor's premises subject to such conditions as it may see fit to impose.

8.    The Bidder will be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and in particular, to the Vendor's premises) in removing the lot(s) it has purchased.   Should the Auctioneer consider such damage likely to occur, it may require the Bidder to deposit such sum of money with the Auctioneer, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of a lot, as the Auctioneer may require. Should the Bidder refuse to deposit such monies, the Auctioneer may refuse the Bidder access to the Vendor's premises for the purpose of collecting all or any of the lots it has purchased, or rescind the sale of such lot pursuant to Clause 7 (c) above.

9.    (a)       The Bidder is on risk once the hammer falls and is strongly advised to effect insurance at once. Upon the fall of the hammer the Bidder shall assume all risks in and relating to such  lots. The Bidder is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of the Auctioneer and/or the Vendor to deliver lots shall be deemed performed upon the fall of the hammer even if a lot is subsequently damaged and/or part thereof has been lost.

(b)       Property in each lot shall not pass to the Bidder until (i) full payment therefore has been made or (where payment or part payment is made by cheque) until the cheque(s) in question have been cleared and (ii) each such lot has been removed from the premises in its entirety.

10.   The Vendor and the Auctioneer shall not be liable in respect of any claim whether in Contract or in tort (other than claims in respect of injury to persons arising out of the negligence of the Vendor or Auctioneer) by the purchaser arising out of or in, any way in connection with the sale or purported sale of all or any of the goods for any sum exceeding the amount of the deposit or purchase price (as the case may be) paid by the Purchaser in respect of the goods and subject of the claim.

11.   The Auctioneer has used its best endeavours to ensure that the descriptions of each lot appearing in this catalogue are accurate but the Bidder relies upon such descriptions at its own risk. The Bidder is advised to inspect any lots for which it intends to bid to verify the accuracy of the description contained in the catalogue.  No lots in this catalogue are sold as new. The Auctioneer on its own behalf and on behalf of the Vendor, hereby excludes all liabilities for any loss or damage or injury sustained by the Bidder, as a result of or in connection with a defect in any lot purchased, a misdescription  thereof comprised in the catalogue, the failure thereof to fulfill the functions of which they were intended by the Bidder or any damage or loss occasioned thereof prior to the same being removed from the Vendor's premises but after the passing of risk therein pursuant to Clause 9(a) hereof. The Auctioneer does not warrant the Vendor's title to any lot and the latter will be sold with such title as the Vendor may have.

12.   The price at which the Bidder purchases each lot will be exclusive of Buyers Premium and VAT. Where the Bidder  intends any lot to be exported outside the UK a refund of VAT will (subject to whatever regulations made from time to  time may be in force) be available upon the production by the Bidder of such proof of the export as the Auctioneer may require.

13.   The Vendor and the Auctioneer hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may attend at the premises for the purpose of the auction, inspection, purchase, collection or any other business.

14.   The Vendor or any agent acting on its behalf may bid for any lot or lots offered for sale at the Auction.

15.   The Company reserves the right to correct any clerical administrative or typographical errors made by its employees at any time.

16.      Certain lots may have been included on behalf of other clients in this sale by kind permission of the Vendor.

17.      Delivery of lots(s) purchased by a Bidder may not be required by him outside normal business hours and is to be made within a reasonable time following payment in full. In determining what is a reasonable time just allowance shall be made for all relevant contingencies which may arise otherwise than by the negligence of the Vendor or the Auctioneer, and in particular, but without prejudice, to the generality of the foregoing, for any suspension or failure of material services, civil commotion, strike or other industrial action, or other impediment to normal delivery outside the control of the Vendor or the Auctioneer. Neither the Vendor nor the Auctioneer shall be required to incur any expense towards overcoming such impediment unless indemnified therefrom and put in funds to meet such expense by the Bidder. The Auctioneer shall not be obliged to take any legal proceedings for the removal of any such aforesaid impediment to delivery of lot(s) which might in its own judgement exacerbate the matter or be detrimental to its own reputation or goodwill.

18.   It is expressly brought to the Bidder's attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Successful Bidders for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant and equipment at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.

19.   It is expressly brought to the Bidder's attention that certain types of plant or main service installations could contain blue or white asbestos, dangerous chemicals, etc. which if not handled  correctly during their removal from the site could be in breach of the Health and Safety at Work Etc. Act 1974 Section 2-9 and Control of Substances Hazardous to Health Regulations 1988 (COSHH) or any other current legislations covering the use of such substances in a working environment.

20.   All purchasers must comply with all current legislations and regulations in relation to the removal/disposal of waste including hazardous waste and may be required to satisfy the Auctioneer  in relation to their disposal/removal procedures. Where waste materials are removed all work must be undertaken by an approved and licensed contractor.

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