General Terms & Conditions of Sale

All items sold by the Auctioneer (being Tallon and Associates) including employees at the time of the sale, agents and any other parties nominated by the “Auctioneer” are sold subject to these conditions of sale and any further special conditions of sale stated in the catalogue or request for payment. Where a special condition of sale is inconsistent with these conditions of sale then the special conditions will prevail.

Parties attending at the premises where a sale is being undertaken, or such other place where goods are stored, do so at their own risk and neither the Vendor, the Property Owner or Tallon and Associates Limited will be liable for any loss or damage of property or death or personal injury to any party.

Tallon and Associates act as agent on behalf of the Vendors and not as Principal.

Where the Vendor is a company in receivership / liquidation / administration, the receiver / liquidator / administrator will not have any personal liability whatsoever under the Contract, except for death or personal injury caused by his / her negligence.

All Buyers bid on their own behalf as Principal. In instances where a bidder is acting as an agent for a named Principal then the Auctioneer should be notified in writing by the named Principal expressing authority for another to bid on their behalf. Following notification, the Auctioneer will consider the request and confirm their decision in writing. Under no circumstances should any bidder act on another’s behalf without this written consent.

The Auctioneer reserves the right to:

q  Request proof of identity off any person(s) attending at the sale site and premises.

q  Refuse admission to the sale site and premises.

q  Request a registration deposit off any person(s) registering.

q  Charge an administration fee of £ 50.00 for any re-invoicing / alterations to an invoice.

Description / Condition of Goods

The Auctioneer cannot be held responsible for any descriptive errors or authenticity of lots.  No lots are sold as new andall goods are sold as seen without any warranty andwith all faults and imperfections. Neither the Vendor nor the Auctioneer shall be liable for any loss or damage suffered by the buyer. Prospective purchasers are therefore strongly advised to inspect lots prior to bidding to satisfy themselves.

All statements contained in a catalogue / brochure / sales sheet are made without responsibility on the part of the Vendor or Tallon and Associates Limited. All statements relating to authenticity, origin, date, age, period, condition, attribution, quantity, measurement or weight are statements of opinion and are not to be taken as implying statements or representations of fact.

Tallon and Associates Limited makes no warranty or representation as to the anticipated or likely selling price of any item for sale or of its value. Any written or oral estimate given by Tallon and Associates Limited, or its employees or agents, as to the estimated selling price of an item is a statement of opinion only, and may not be relied on as an indication of the actual selling price or value.

All illustrations, photographs, pictures or images contained with a catalogue / brochure / sales sheet or elsewhere regarding an item are for identification purposes only. They may not be an accurate reproduction of the item.

All items are sold as seen with all faults, imperfections and defects. The Buyer shall be deemed to have inspected and approved the items and therefore buys at his / her own risk and with notice of all faults, imperfections and defects.

Neither the Vendor nor Tallon and Associates Limited give any warranty that any item complies with the Health and Safety at Work Act 1974, any statutory amendment or re-enactment thereof, any regulations made there under or any other applicable health and safety law. Consequently, Buyers undertake to carry out any necessary work in order to ensure that each item purchased conforms to the law before the item is put into use.

No Lots are supplied as new as regards the Consumer Protection Act 1987 or any other product liability law.

Neither the Vendor nor Tallon and Associates Limited represent items sold as being in a condition that makes them suitable for domestic use. Despite the above, should Buyers intend to supply any item for domestic use, they should ensure that the Goods comply with the requirements of the Furniture and Furnishings (Fire Safety) Regulations 1988 or any other similar law.

Sales

Unless otherwise stated the Seller reserves the right to sell any item subject to a reserve and withdraw any item subject to a reserve not being reached.

Unless otherwise stated the Seller, their Representative or the Auctioneer may bid for any items.The Auctioneer may also reject any bid at his sole discretion.

Auction / Online Sales

The auction / sale will be conducted in accordance with the following conditions:

The highest bidder for each lot prior to the fall of the hammer / close of sale will be the buyer of that lot. Should there be any dispute between bidders then the Auctioneers decision will be final and the Auctioneer also reserves the right to re-offer the lot.

The Auctioneer reserves the right tochange, alter or withdraw any lot, to accept commission bids and to purchase goods on behalf of buyers.

No bid may be withdrawn after the fall of the hammer / close of sale.

Buyers are strongly advised to insure all goods upon the fall of the hammer / close of sale, as all risks in relation to lots shall pass to the buyer upon the fall of the hammer / close of sale.

Title to the goods will not pass until all invoices relating to that sale are paid in full.

Tender Sales

All tenders must be made in the form provided and must arrive at the address specified by the required time together with a deposit for 10% of the total purchase price offered.

No tenders shall impose further conditions or make any qualifications whatsoever.

No tender may be withdrawn once submitted.

The Vendor and Tallon and Associates Limited reserve the right to withdraw lots prior to the acceptance of tenders.

The Vendor and Tallon and Associates Limited reserve the right to refuse any tender.

The Vendor and Tallon and Associates Limited shall not be obliged to accept any or the highest offer tendered.

Payment

All lots must be paid for in accordance with the payment terms stated in the catalogue / request for payment / invoice.

Should an account not be settled within the specified time scale, then the Auctioneer reserves the right to resell or dispose ofthe items without incurring any liability to the buyer or without prejudice to any claims of the Vendor or Auctioneer against the buyer, for breach of contract. The buyer also forfeits any deposit paid to the Auctioneer. The Auctioneer also reserves the right to charge interest on outstanding accounts at 4% above the Natwest base rate.

All bidding is exclusive of VAT and Buyers Premium (if applicable), and the Buyer must pay VAT and Buyers Premium at the applicable rates. VAT will be charged, at the going rate, on all export purchases until Tallon and Associates Limited receive satisfactory proof of export. Upon receipt of such documentation, the VAT charged will be reimbursed.

Full payment is not deemed to have been made until the payment clears into Tallon and Associates Limited, or any other specified bank account.

Title and Risk

Legal and equitable title to the goods will not pass to the Buyer until the price for the goods has been paid in full (together with any applicable costs of transport and storage following the sale) and the Buyer has removed the goods from the site.

All items sold shall be the sole responsibility of, and at the risk of, the Buyer from the moment the buyer is notified of acceptance of his / her offer, even if the Vendor or Tallon and Associates Limited move the goods on or from the premises. In no circumstances will Tallon and Associates Limited or the Vendors be held responsible if any item or part thereof is lost, stolen, damaged or destroyed after buyers have been advised. Buyers are therefore advised to effect immediate and adequate insurance cover.
 

Tallon and Associates Limited act as agent for the Vendor and does not own the items itself, nor does Tallon and Associates Limited warrant the Vendor's title to any items sold. The Vendor transfers the items with such title as it has.

Site Clearance / Removal of Goods

Removal of the Goods from the Site shall be the responsibility of the Buyer, who shall remove the Goods on or before the date specified in the catalogue / invoice having made prior arrangements to do so with Tallon and Associates Limited.

The Buyer will be responsible for obtaining at its own expense, all necessary labour and plant for the removal of the Goods. Where the Vendor gives assistance to the Buyer in connection with such removal, such assistance is given entirely at the Buyer's risk.

The Buyer will indemnify and keep indemnified the Vendor and Tallon and Associates Limited against all liability, loss, damage, injury or death howsoever and by whomsoever caused to the Site or any thing or person therein or thereupon arising from or in the course of the removal of the Goods.

All items must be removed from site in accordance with the site clearance terms stated in the catalogue / invoice. Should items not be removed within the specified time scale, then the Auctioneer reserves the right to resell or dispose ofthe items without incurring any liability to the buyer or without prejudice to any claims of the Vendor or Auctioneer against the buyer for breach of contract. The buyer also forfeits any deposit paid to the Auctioneer. The Auctioneer also reserves the right to charge the buyer rent and costs incurred due to non-removal of lots.

The Buyer will be responsible for all damage caused to the building, plant and machinery or other lots, be it caused by the Buyer or any appointed contractor.

The Buyer will be liable for all liabilities, losses, damages, costs and expenses whatsoever suffered by the Vendor or Tallon and Associates Limited as a result of the failure to remove the Goods by the required date or arising from the resale of the Goods provided that any sums forfeited to the Vendor under the foregoing provisions will be credited against such liability, loss, damage, cost or expense but further that if such liability, loss, damage, cost or expense is less than the sums forfeited the Vendor shall be under no obligation to make any refund to the Buyer for any such items.

If the Vendor or Tallon and Associates Limited reasonably consider damage is likely to occur in removing any items from site, the Buyer may be required to deposit such sum of money by way of security at the discretion of the Vendor or Tallon and Associates Limited for the costs of reinstating the site. If the Buyer refuses to deposit such money the Vendor may refuse the Buyer access to the site for the purpose of removing the items and the Buyer will be deemed to be in default.

If the Buyer fails for whatever reason to either pay for or remove the items purchased on or before the date specified, the Vendor will be entitled to rescind the Contract forthwith without incurring any liability whatsoever to the Buyer and upon such rescission the following provisions will apply:

q  Any sums paid by the Buyer towards the purchase price will be forfeited to the Vendor.

q  The Vendor will be entitled to resell the Goods publicly or privately but the Vendor shall not be liable to account to the Buyer in the event of a resale at a higher price than the price contracted to be paid by the Buyer

Health & Safety

All lots must be removed in accordance with all current Health and Safety guidelines. In addition, any items purchased must not be used in the removal process unless the Auctioneer expresses in writing that he is satisfied the equipment complies with current Health and Safety standards. Neither the Vendor nor the Auctioneer are liable for injury / accident sustained by any person(s) at the premises for whatever purpose.

No electrical disconnection, flame burning, cutting, removal of dangerous and hazardous substances, mechanical lifting will be permitted until the buyer has completed risk assessments and method statements and the same has been authorised by the Auctioneer. In addition a copy of the Buyer’s or the Buyer’s contractors insurance will be required.

Certain premises may hold plant and installations containing substances and chemicals governed by the 1974 Health and Safety at Work Act and the 1988 Control of Substances Hazardous to Health Regulations or any other act and legislation.  It is the sole responsibility of the purchaser to comply with any relevant act and legislation. This may involve the use of licensed contractors at the Purchasers expense.  The Vendor, Auctioneer, Agents or Servants cannot be held responsible for person(s) coming into contact with hazardous substances and chemicals.

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

Neither the Vendor nor Tallon and Associates Limited shall be liable to the Buyer for any delay in or failure to perform its obligations as a result of any cause beyond its reasonable control.

Where the Buyer is more than one person, the duties and obligations of the Buyer will be joint and several.
 

The Buyer will not be entitled to offset any sum due to the Vendor under the Contract against any sums due from or liability of the Vendor to the Buyer in respect of dealings between the Vendor and the Buyer prior to the date of the Contract.

The parties intend that Tallon and Associates Limited and the relevant Buyer, together with the Vendor, receiver, administrator and liquidator may enforce their rights under these Conditions of Sale, pursuant to the Contracts (Rights of Third Parties) Act 1999.

No software or data, business records, plans, drawings, patents, tools or any other intellectual property is included with any lot unless stated in the lot description.

All motor vehicles are sold as seen with no warranty given that the vehicle is safe or legal for use on Public Highways or private land.

These Conditions of Sale and the Contract shall be subject to and construed in accordance with English law and the parties hereto submit themselves to the jurisdiction of the English Court

On the Instructions of a UK based Finance Company

Note - Finance may be available on principal machines (subject to status) - Please call Simon Parker on 07795 094095.

Viewing:

The site will be open for viewing on Tuesday 28 March 2023, by prior appointment only - please call 0161 872 7000 to make an appointment.

Sale Closes:

Online bidding closes from 1pm on Wednesday 29th March 2023.

If a bid is placed in the last 10 minutes, the time period will be extended by 10 minutes. This is to prevent 'sniping'.

Payment:

Accounts to be paid in full by no later than 5pm Thursday 6 April 2023.

All accounts must be settled in full before any goods can be removed from site.

Permitted methods of payment are Bank Transfer.

This is a legally binding contract to purchase, if you are not sure, do not bid. We are unable to cancel your purchase after the auction closes.

OVERSEAS BUYERS: Any banking or related fees payable need to be paid by the purchaser. The invoice total must be received in full by Tallon Associates.

Clearance:

All equipment must be removed from site by no later than Friday 21st April 2023. Please do not bid if you cannot meet the payment and collection deadlines. Failure to meet deadline will result in loss of goods and a disposal charge would be applicable

Collections are by appointment only and no earlier than Monday 3rd April 2023. - PLEASE NOTE - 7th & 10th April are UK bank holidays and the site will note be open on these days.

Collections are by appointment only between 9.00am and 4.30pm (weekdays only)

NOTE - NO LIFTING GEAR AVAILABLE ON SITE

Note - Oil & coolant within machines to be removed at the purchasers expense and removed from the premises

A paid invoice must be presented in order for goods to be released.

The buyer must remove all lots purchased by the specified date unless prior arrangements have been made with the Auctioneers. Access to site following this date will be charged at a rate of £ 350 + VAT per day, access however can not be guaranteed.

Buyers Premium:

All lots are subject to a Buyers’ Premium of 15% + VAT.

VAT:

All lots are subject to VAT at 20%.

Bidding:

Your Highest Bid will be treated as a valid bid even if at the time of placing it the reserve is not met. Remember when placing a bid you are bidding to buy! The reserve can be reduced at any time.

At the close of the timed Online Auction Sale final bid figures will be submitted to the seller for approval and any Bid shall be subject to approval and acceptance by the Company/Seller. No bid may be withdrawn and the Company/Seller does not bind himself to accept the highest Bid or any other Bid placed in the course of the online Auction Sale.

Tallon & Associates reserve the right to reject any bids

The Buyer accepts that a sale by auction is not a consumer sale pursuant to the Sale of Goods Act 1979 Section 55(7) and the Unfair Contract Terms Act 1977 Section 12(2)

We reserve the right to bid on our clients behalf where we believe that the current bid is under market value.

Viewing:

We strongly recommend that all assets are inspected prior to bidding. Potential purchasers who do not inspect lots prior to bidding, do so at their own risk.

The condition and function of an item should be confirmed by the bidder, prior to bidding.  There will be NO Refunds or Allowance given after the closure of the bidding process. Your bid is your commitment to purchase. Not to view or negotiate after the sale.

All lots are sold as seen with no warranty expressed or implied.

All persons attending the site do so at their own risk and must adhere to Health & Safety legislation and ensure that any of their actions do not cause risk to themselves or others.

All persons attending the sale must not switch on / operate any equipment, move any lots (until their invoice is paid in full) or enter any “NON ENTRY” areas.

No persons under the age of 18 will be permitted on site under any circumstances

Persons attending the viewing will be held liable for any loss or damage they cause, and shall meet all costs, expenses, damages, losses and liabilities incurred in the rectification of the damage so caused

Errors & Omissions

It is assumed and strongly recommended that all bidders have viewed lots prior to bidding. Details are provided in good faith and they should not be relied upon as fact and buyers must make their own investigations where measurements, mileages, hours, condition or authenticity are critical. No allowances of any description whatsoever will be made in the event of problems as a result of failure to view.

Buyers should make themselves satisfied they are happy with the lot before they bid as viewing is available on all lots and all bids are non-retractable. We strongly advise bidders not to bid on any lots if they have not viewed to their satisfaction first. Our descriptions and photographs are not sufficient to rely upon for the purpose of bidding.

Odometer / Hour / Meter Readings

Odometer / hour meter readings are quoted for information purposes only and cannot be warranted and should not be relied upon, buyers should satisfy themselves by their own enquiries as to the mileage / km’s / hours worked by any vehicle or mobile plant included in a sale.

Invoices

Successful bidders will be notified within 48 hours of sale closure.

Invoices will be raised in the name of the registered party only and due care and attention should therefore be given at the time of submitting an offer to ensure the correct details are provided. Under no circumstances will invoices be altered following their issue.

Tallon Associates will only accept payment from and permit removal of lots purchased by the successful purchaser or their duly appointed agent confirmed in writing.

Overseas Purchasers

NOTE - AN ADMINISTRATION FEE OF £ 35.00 + VAT IS PAYABLE IN THE EVENT OF AN EXPORT SALE.

VAT @ 20% WILL BE CHARGED ON ALL LOTS THIS INCLUDES ANY LOTS PURCHASED BY OVERSEAS BUYERS FOR EXPORT. THIS IS NON-NEGOTIABLE AND IS APPLIED TO ALL PURCHASERS IRRESPECTIVE OF THE VAT REGULATIONS OF THEIR OWN COUNTRIES. VAT REFUNDS WILL ONLY BE MADE UPON RECEIPT OF THE APPROPRIATE AND NECESSARY EXPORT DOCUMENTATION.

VAT will be charged on all lots sold and must be paid in advance.

VAT charged on the bid price may be refunded where notification has been received by Tallon Associates within two working days of completion of the sale that the buyer intends to export the lots.  Where such notification has been received, the VAT will be levied at the point of sale and held, for a period of three months, from completion of the sale.  For these purposes, the completion of the sale is specified as 29 March 2023.

Important Notes

Bidders intending to export their purchases should note that Tallon Associates are not exporters, cannot provide advice on exporting, cannot advise on import restrictions or requirements and cannot provide ANY documentation to assist with exporting over and above a purchase invoice. 

The Buyer should note that the Buyer’s Premium is a supply within the UK and is not refundable irrespective of whether or not the goods are exported.

Subject to the above VAT will only be repaid in the following circumstances:-

VAT will be refunded upon receipt of export documentation in the form of the Bill of Lading, CMR consignment note, Airway Bill or other official documentation, to prove that the goods have been exported. The document must clearly identify all lots subject to our invoice and show that the goods have left the UK

In the event that the Buyer does not comply with the above terms, the VAT element will be transferred to the Seller in accordance with our standard VAT procedures.

Overseas Buyers: When registering overseas buyers must also provide:

• Passport details;

• other confirmation of their identity and address, eg. drivers licence;

• full bank details.

Tallon Associates must not be listed as the shipper on export documentation

Tallon Associates do not accept any liability for the goods in transit.

Exporting purchased lots from the United Kingdom may require compliance with UK export regulations and the obtaining of an Export Licence. Tallon Associates accept no responsibility for compliance with any export requirements which remain the purchaser sole responsibility.

Any bank charges (or related) are to be paid by the purchaser and will be deducted from the VAT refund.

A VAT Application Form must also be completed along with a company letterhead (or similar) which displays the company VAT number. All sections of the form must be completed and signed. Once the lots have been removed from the country Tallon Associates immediately require a copy of the transport documentation to support the application. Should this not be provided Tallon Associates reserves the right to invoice for the VAT amount.

Removal of Equipment

Collections by appointment only, no earlier than 3 April 2023.

Collections are by appointment only between 9.00am and 4.30pm (weekdays only)

It is the purchaser’s responsibility to dismantle and remove all lots from site. Unless stated otherwise, lifting equipment will not be available for use during collection and the buyer should make their own provisions in this respect.

Tallon Associates does not undertake packaging, postage, delivery or shipment of goods and the bidder must make his own arrangements to comply with the clearance terms.

Clearance of all lots must be taken in accordance with Health & Safety and Environmental Regulations. The Health & Safety at Work Act 1974, The Working at Height Regulations 2005, the Control of Asbestos at Work Regulations 2002 and Construction Design and Management Regulations 1994.

All equipment must be removed subject to Health & Safety legislation and all purchasers & their representatives must complete Method Statements & Risk Assessments and provide Electrician, First Aid and Forklift certification where necessary.

The purchaser should ensure that they / their contractors hold sufficient public liability insurance, copies of which should be made available to Tallon Associates if demanded.

Tallon Associates reserve the right to stop clearance if, in their own opinion, they believe it is being carried out in an unsafe manner or without the Method Statement and Risk Assessment.

Any building reinstatement is at the cost of the purchaser.

Vehicles

Buyers of motor vehicles and/or road-going powered plant are responsible for ensuring that prior to use on the road, that in all respects the vehicle complies with all legal requirements as to the construction and the use of such a vehicle and further more for obtaining all certificates, permits and other authorisations necessary.

Data Protection

By accepting our terms and conditions and registering to bid for an auction sale you are permitting Tallon Associates to use your data for future sales marketing purposes. Should you wish to be excluded from our internal mailing lists please advise accordingly.

Due to the Data Protection Act, all software and data will be removed from computers prior to selling, unless specifically stated.