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Machinery Sale Conditions

01824 705000

Vale of Clwyd Livestock Centre, Ruthin, LL15 1PB

Terms and Conditions
Please read the terms and conditions below and scroll down to submit the form
   
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. With a Minimum Commission of £3 per lot 

 
VEHICLE - 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, Children’s Play Equipment, Second Hand Asbestos, New and part worn tyres, windows & doors


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 sale ground, 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 sale ground 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, windows & doors.
The information that you supply on this form will be used to organise the sale and will not be passed to third parties.
See our Privacy Notice for details at www.ruthinfarmers.co.uk/privacy-policy.
           
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 sale ground.
(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 sale ground.


COMPLAINTS
(1).  If the Auctioneer receives a complaint in writing by 12noon on Thursday 
          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 fourteenth 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.

 

These conditions are in addition to the Livestock Auctioneers conditions of sale which can be found on our website or here

Live and Online Auction Notice to Purchasers – Important Information

(Live and Online – Auctioneer streamed live, taking bids from both the attendees and made by bidders online with occasional commission and telephone bids. Online bidders may be bidding through their smartphone, tablet, laptop, or desktop computer and are able to see all bids on screen throughout the sale.)

Contact numbers     
Office: 01824 705000


Sale Location: Ruthin Farmers Auction, Ruthin, North Wales, LL15 1PB

PAYMENT MUST BE MADE AS SOON AS POSSIBLE AND WITHIN 48 HOURS FROM END OF SALE

Registration and Bidding 
ONLINE- ONLINE BIDDING is via Marteye, intending bidders must download the MartEye App from your phone App store where you can register. Once you have downloaded the App you need to go on the Ruthin page and Sign in with your details and then click the Join button. You can also access MartEye through ruthin.marteye.ie where you will be directed straight to our page and you will be required to Sign in with your details and then click the Join button. Once you have done this process your application will come through to us for approval. We strongly advise registering well ahead of the sale as ‘late’ registrants, on the morning of sale, run the risk of not being approved in time. 

Registration and Live Bidding 
All those attending the sale in persons will be required to register in the Ruthin Farmers Pay Office whereby you will obtain a Bidding Card. The Bidding Card will be used to bid on the sale items. No shouting will be necessary.

If you are unable to watch the sale and bid live, you have the option to leave a commission bid which you can do by completing a form available on our website.

Registration and Conditions of Sale 
We reserve the right to request additional information to include Driving License/Passport together with a Business Card/Utility Bills/Proof of Address/Business Letter Heading and the right to request a deposit ahead of any purchase or during sale proceedings. Ruthin also reserve the right to deregister Buyers. It is strongly recommended that Bidders and Buyers read Ruthin Standard Terms and Conditions of Sale ahead of the sale. Once you have registered you are confirming that you have read, agree with and will abide by those Conditions and these Notice to Purchasers. In registering you warrant that the information is correct, up to date on the sale closure date and you are over the age of 18. All registrations are provisional and subject to the approval by Ruthin.


Ruthin Farmers Auction do not accept any liability for any damage or injury to persons, vehicles, plant, machinery, equipment or any lot not arising out of their negligence. When lots are located on The Sellers premises or 3rd party storage facilities then the aforementioned are responsible for Health & Safety. Any person entering the Salegrounds does so at their own risk, must comply with the requirements of any Health and Safety notices and guidelines and be appropriately dressed. All persons entering the premises are hereby given notice that there are significant risks due to the range and display of equipment, vehicle movement and the nature of the premises. Caution should be exercised and children must be fully supervised at all times.  Permission from the Auctioneers / Seller or storage facility manager is required ahead of starting powered equipment or machinery. Any incidents or accidents on the premises should be reported to Ruthin Farmers Auction immediately. Ruthin Farmers reserve the right for themselves to refuse admission to any person or vehicle into the Saleground without giving reason.  The Auctioneers also reserve the right for themselves to halt any removal in the event there are concerns over the Buyer’s or their contractor’s capability and methods. The right extends to requesting confirmation of insurance cover, method statements and other assurances to include returnable deposits.

Payment 
Currency GBP – Onsite Attendees - Day of Sale: Online Bidders - The auctioneers will either 1) contact you on day of sale for immediate payment or 2) will email an invoice on the first weekday following the close of the sale. With email payment is thereafter due no later than 24 hours from the time of forwarding the invoice. Payments will be due in full at the final bid price in respect of the lot sold plus all associated costs, Buyers premium and VAT. Payment will only be accepted from the successful purchaser or their duly appointed agent. Any payment is to be by a means approved by the Auctioneers and include the Buyers Commission and VAT. Our terms are strictly cash, Bank Transfer (Details will be on the invoice), Debit Card, NO Credit Cards are accepted. 

Buyers Premium 

Live on site sale

All Lots will be subject to a Buyers Commission / Premium. VAT at the standard rate will be charged on all commissions. Buyers shall pay Commission to the Auctioneers at the following rates: 
5% (+VAT) on all lots purchased online and commission bids. 
1% (+VAT) on all lots purchased in person on the yard

Maximum Buyers Premium of £300 (+VAT) 

Timed Online Auction

All Lots will be subject to a Buyers Commission / Premium. VAT at the standard rate will be charged on all commissions. Buyers shall pay Commission to the Auctioneers at the following rates: 

5% (+VAT) on all lots

Maximum Buyers Premium of £300 (+VAT) 

Risk 
All lots remain at the risk of the Buyer from the fall of the hammer/closure of bidding for each lot and it is strongly advised that the Buyer effects insurance immediately.

Collection of Lots 
All lots must be removed from the Saleground by end of play sale day (unless other arrangements have been made with the seller or the auctioneers). We also encourage you to wear gloves and only those involved in the removal attend the site. Lots can only be removed once full payment has been made. The Buyer is responsible for the collection of their lots and any associated costs of transport. Assistance with loading by The Auctioneers, Seller or the storage facility is given without any liability to The Buyer or The Buyers removal contractor. Buyers are strongly advised to use their own suitably qualified and insured contractors. 

Value Added Tax 
Please be aware some lots may be subject to VAT and therefore VAT will be charged in accordance to the current rate and added to all accounts and is applicable to the Commission/Buyers Premium. VAT status will be clearly stated in the Lot description. 

Export of Lots 
All goods purchased from Ruthin Farmers Auction that are to be exported or removed from the United Kingdom will:
1. Be dealt with under the requirements set out of HM Customs and Excise publications:
a) VAT Notice 703 dated January 2021 – Goods exported from the UK from 1st January 2021.
2. Be Zero rated for VAT purposes subject to the following conditions being met. 
a) The goods are removed from Great Britain within three months from the time of supply (the date of auction).
b) Ruthin Farmers are provided with valid written evidence that the Lots have been removed from Great Britain within three months of the auction closure date. Unless and until the above requirements are fulfilled Purchasers will be charged VAT at the Great Britain standard rate (currently 20%). This will only be refunded if all requirements within the regulations are met within the specified time limits.
The Purchaser or their agent will be responsible for removing the Lots from Great Britain and will act as the importer of record and will be responsible for payment of any VAT, duties, goods and services tax, or other sales or import taxes or duties arising on the exportation of the goods from Great Britain and the importation of the goods into any country.
Neither Ruthin Farmers or the Seller are responsible for any VAT, duties, goods and services tax, or other sales or import taxes or duties arising on the exportation of the lots from Great Britain and the importation of the lots into any country by the Purchaser or their agent.
We recommend exporters visit https://www.gov.uk/check-customs-declaration 

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