Terms & Conditions of Sale -  Vehicle & Implements 

COMMISSION
Commission will be charged to the Vendors on each lot as follows:
£0-£100 – 15% , the next £1,900 - 10%, the next £3,000 - 5% and 2.5 % thereafter      
Minimum Commission - £3 per lot 
There will be no buyers premium charged.

ACCEPTANCE OF LOTS
The auctioneers give no undertaking to accept any lots entered for the sale. the following items cannot be accepted: Household and domestic goods, children's play equipment, second-hand asbestos, new & part worn tyres.

OWNERSHIP / HIRE PURCHASE
All items entered on this form are declared to be the sole property of the vendor as shown and are not subject to any hire Purchase agreement or other contract

ENTRY FEES

Entry Fee of £20 plus VAT, to be paid upon receipt of Entry Form will be charged on all motorised vehicles including tractors, excavators, telescopic handlers, forklift trucks, dumpers, motorised vehicles, farm bikes & lorries.
 

V.A.T.
VAT at the standard rate will be added to the purchase price of all Lots. The only exceptions to this will be in the case of “zero rated” or “exempt” Lots. The Auctioneers will state at the time of Sale if any Lots fall within these exceptions.

The following items cannot be accepted to the sale: Household & Domestic Goods, Childrens Play Equipment, Second Hand Asbestos, New and part worn tyres.

PRIVATE SALES
(1). No lot entered or advertised for sale by the Auctioneers should be sold by the 
owner privately within 10 days prior to the commencement of the sale for 
which the lot has been entered or advertised. The Auctioneers are not to be 
under any liability for any breach of this condition whatsoever.
(2). In all cases where a lot is not forward for sale, the Auctioneers shall be 
indemnified by the person entering such a lot for all expenses incurred in 
relation thereto and against all such claims from third parties as may arise.
(3). If any lot is sold privately subsequently on the saleground, the sale must be 
booked in through the Auctioneers’ Office and the terms and conditions or 
sale will apply and commission will be charged.
(4). The Auctioneers reserve the right to sell privately at the reserved price, any lot 
remaining on site after the auction without further consultation with the 
Vendor.

RESERVES
Reserves shall be given in writing tot he Auctioneers before the advertised time for the commencement of the sale. Vendors reserve the right to bid through the Auctioneers as their Agents, and shall only bid through them. No Vendor shall in any circumstances whatsoever bid or allow anyone else to bid on his behalf for any lot owned by such Vendor, save that this restriction shall not be extended to lots being sold on a dissolution of partnership. Should any improper bidding be discovered, full commission will be charged on any lots bought in.

VENDORS / PURCHASERS RISKS
(1). All lots are accepted and remain on the saleground at the Vendors’ risk. The 
Auctioneers shall be under no liability to notify Vendors if lots are not sold.
(2). Each lot shall be sold at the sole risk of the purchaser on the fall of the 
hammer.

EXCLUSION OF LIABILITY
The Auctioneers shall not be liable for any expenses, loss, claim or proceedings in respect of any loss or damage whatsoever to any property real or personal (including all lots) whether incurred before, during or after the sale.

The Auctioneers shall not be liable for any expense, loss, claim or proceeding in any respect of personal injury to or death of any personal arising out of or in the course of the sale, except to the extent that the same is due to the negligence of the Auctioneers, their Servants or Agents.

BIDDING
The highest bidder shall be the Purchaser and any dispute which arises shall be settled by the Auctioneer who shall regulate the bidding and have the right to refuse a bid.

PAYMENT
(1). All purchasers shall be paid for on the day of the sale direct to the Auctioneers 
before removal and no lot to be removed without the written authority of the 
Auctioneers. Cheques will not be accepted unless prior arrangements with the 
Auctioneers have been made. Where a purchaser defaults in payment, the 
Auctioneers reserve the right to re-sell the lot and to charge the Purchaser 
with any expenses and loss incurred by reason of the failure of the Purchaser
to complete his purchases. The Auctioneers reserve the right to charge 
interest at the current bank overdraft rate on any outstanding accounts from 
the day of sale unless special arrangements have been made with the 
Auctioneers in this respect.
(2). Transfers of purchases will only be recognised at the sole discretion of the 
Auctioneers.
(3). Every Purchaser shall leave his full name and address at the Auctioneers’
Office whether he intends to remove his purchases on the day of the sale or not.

ACCEPTANCE OF LOTS
The Auctioneers give no undertaking to accept any lots entered for the sale. 
The following items cannot be accepted: Household and domestic goods, children’s play equipment, second-hand asbestos. New or used Tyres

 

REMOVAL OF LOTS
All lots must be cleared from the sale ground within 8 days of the sale and if remaining longer than 8 days without a satisfactory explanation for the non-clearance being given to the Auctioneers. The Auctioneers reserve the right to charge for handling and storage at the rate of £2 per lot per week, notwithstanding Clause 6 above.

DESCRIPTION
The descriptions are supplied by the Vendors who alone are responsible for details and accuracy. The Auctioneers will not be answerable in respect of any errors which may occur in the description. The Auctioneers may make any intimation of any alteration or modification of the description of any lot immediately before asking for bids. The Auctioneers shall be the sole and exclusive judge of the fact of such intimation and the terms in which it is made. Each lot is sold with all faults, imperfections and errors of description and the Auctioneers are not responsible for the authenticity, attribution, genuiness, origin, authorship, date, age, period, condition or quality of any lot. 

WARRANTY
(1). Unless a warranty is given at the time of sale, the lots are sold as they stand 
with all faults, imperfections and errors of descriptions or otherwise. The 
purchaser shall be deemed to have inspected the lots he buys.
(2). Vehicles and trailers may not be immediately road worthy or may be of such 
design as will not, without alterations, comply with the provisions of Road 
Traffic Acts or Regulations. The Purchaser shall undertake to comply with 
such Acts and Regulations.
(3). Implements and machinery may not immediately comply with the provisions 
of Safety Health and Welfare Acts and Regulations. The purchaser shall 
undertake to comply with such Acts and Regulations.
(4). Vendors must comply with the Trade Descriptions Act 1968 and be capable of 
substantiating all claims, descriptions, quality, manufacture, composition etc., 
of their lots.
(5). Items described as being in working or running order or condition shall have 
no defect which renders it incapable of the reasonable work for which it is 
intended and must be capable of performing such work.
(6). Items described as being in good working or running order or condition shall
be mechanically sound and capable of performing the work for which it is 
intended.
(7). No item shall be returnable for any description or warranty other than that 
effecting its working, running or mechanical condition.
(8). Items described as straight from work, recently overhauled etc., or similar 
description shall be deemed a warranty and be capable of performing the 
work for which it is intended.
(9). All vehicles are warranted not to have been an insurance total loss or recorded 
on HPi V car register unless otherwise declared.
(10). All keys should be handed in on delivery of lots to the saleground.
(11). All Registration documents or a Certificate of non Registration should be sent
with the entry or handed in on delivery of lots to the saleground.

COMPLAINTS
(1). If the Auctioneer receives a complaint in writing by 5p.m. on Monday 
following the date of the sale the net proceeds of sale shall be held by the 
Auctioneers and they shall be under no obligation to account to the Vendor 
until they are satisfied that such dispute has been settled.
(2). No lot shall be subject to the complaint procedure unless paid for on the day of 
the sale and any such payment subsequently stopped or dishonoured shall not 
constitute payment.
(3). The Auctioneers shall have the right to appoint a person to act as arbitrator 
subject to the Arbitration Acts as modified by these conditions of sale. The 
Arbitrator’s decision shall be final and binding on all parties.
(4). The Auctioneers act solely as agent between the Vendor and Purchaser and in 
the event of a dispute or refusal to pay or non-payment on the part of the 
Purchaser, they may, at their discretion, annul and cancel the sale of such lot 
or lots.

PAYMENT TO VENDORS
Vendors shall be entitled to receive the purchase price of any lot or lots sold on the eighth day after the sale, provided that the Auctioneers shall have received the same and:-
(1). That the complaints procedure shall not have been invoked by or on behalf of 
the Purchaser, when payment of what is due will be made to whom it is due as 
soon as practicable by the Auctioneers after settlement of the complaint and:
(2). That in the event of any acknowledged debt of the Vendor being owed to the 
Auctioneers, the latter shall have the right to set off such debt against the 
proceeds of sale.
(3). Payment shall be withheld for tractors and vehicles sold until a registration 
book or certificate of non registration is received.

LOADING / UNLOADING SERVICES
A fork lift / tractor and loader is available to assist with the loading / unloading of lots. These facilities are provided entirely at the risk of the Vendor or Purchaser who must be responsible for supervision. The Auctioneers accept no liability whatsoever.


No Employee or Agent of the Auctioneer has any authority to vary these Terms or Conditions

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Company registered in England & Wales no. 00172091

VAT Registration no. 161 4826 68

Registered Name:

Ruthin Farmers Auction Co Ltd

 

Registered Address and place of registration:

Vale of Clwyd Livestock Centre

Ruthin

LL15 1PB

Tel: 01824 705000