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Name

Marshall's The Bakers

Where

Tower Road, Glover Industrial Estate, Washington, Tyne And Wear
Washinton UK United Kingdom

When

Tuesday, November 10th, 2009
Scheduled start time: 5:30 AM US Central Time

Selling Currency & Internet Fee/Buyer Premium

Currency: GBP IF/BP:15.5%

Contact

Phone: (+44) 01761 414000
Email: info@proauction.ltd.uk

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Auction Sale Live & Webcast Tuesday 10th November 2009 (viewing 9th November 2009) Marshall's The Bakers, Tower Road, Glover Industrial Estate, Washington, Tyne And Wear, NE37 2SH. On instruction of our clients we offer well maintained plant and machinery of a wholesale bakery operation comprising of briefly, Bago Line rack ovens, Tom Chandley deck ovens, sausage roll & savoury production lines, various mixers, Oddy roll plants x 3, various bake off ovens and shop fittings.

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 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.
5.10The Auctioneer shall in every other respect decide

how the Auction is to be conducted and without being
required to give a reason.
5.11The 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
25 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
interest on any unpaid sums at a rate of 4 per cent above
Barclays Bank Plc 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.
9.3 No Lot is sold as compromising 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.
2
GENERAL CONDITIONS OF SALE
(as approved by The Royal Institution of Chartered Surveyors)
Please note lift out are charge per item are compulsory - check with the auctioneer prior to bidding.

*** Lift Outs *** are payable on the removal of the equipment please refer to the Pro Auction website for the prices

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