Lot 4 of 17:
Senator, Air compressor  
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Lot closed - unsold

Senator, Air Compressor

Model Environ LSV 45 (Variable Speed)

Serial # LSV4517081

Maximum air discharge 7.86 m3/min @7 bar

45kW

Categories: Compressors

Shipping info:


 

Terms and conditions

ONLINE TIMED TENDER SALE

                                 Upon instructions of Zacpac PTY Limited

ZACPAC PTY LIMITED131 QUEENSHILL ROAD EAST

STAPYLTON

QUEENSLAND

4207

AUSTRALIA

PUBLIC ONLINE TIMED TENDER SALE

of

Corrugated Board Plant and Associated Equipment

VIEWING: by appointment only

between 24 September 2018 and 18 October 2018

DEADLINE FOR RECEIPT OF TENDERS: Thursday 18 October 2018 at 12pm GMT

BUYER’S PREMIUM – 10% plus VAT

See General and Special Conditions of Sale

No Children Allowed On Site

 Enquiries to the Agents By:-

Email:  enquiries@charterfields.com               Fax:     +44 (0)330 202 0117

GENERAL CONDITIONS OF SALE

Relating to Sales by Public Tender 

The Buyer’s attention is drawn specifically to the exclusions of liability contained in clauses 2, 4 and 8 of these conditions. 

1.        Conditions

(a)       All lots, which term shall include all forms of personal property whatsoever and property fitted or affixed to land, are tendered for sale subject to these conditions no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Agent.  

(b)       These conditions together with any specialised conditions (‘Special Conditions’) printed in this Tender Document, are the only terms and conditions subject to which Charterfields Limited (‘The Agent’) as agents for the Seller (as defined hereunder) will sell goods to a purchaser (‘The Buyer’) (a term used herein as including the bidder and any principal or employer of the bidder). All other conditions and warranties whether expressed or implied (as are capable of lawful exclusion) and any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom or a course of dealing are hereby excluded.  If there is any inconsistency between any of these conditions and any Special Conditions, the Special Conditions shall prevail.

(c)       By making a bid for any lot, the Buyer warrants that he has read, makes his bid on and agrees to be bound by these conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting therefrom.  Any bid shall be deemed to be an offer by the Buyer to purchase any lot tendered upon these conditions alone.

2.        Agent for Seller

           The Agent tenders any lot for sale as agent for and on behalf of the person or party from or through whom instructions for the sale have been received (‘the Seller’) and not on the Agent’s own behalf.  The Agent acts without personal liability to the fullest extent permitted by law and shall not be held responsible for any action or default on the part of either the Seller or the Buyer.

3.        Seller/Agents Discretion

           The Seller and or the Agent reserves the right not to accept any bid, tender or offer  

4.      Description and Condition

(a)       Any samples, drawings, descriptive matter or advertising produced by the Seller or the Agent are produced for the sole purpose of giving an approximate idea of the lot(s). They shall not form part of the contract or have any contractual force. The Buyer acknowledges that it is the Buyer’s sole responsibility to inspect each and every Lot and rely upon its own inspection and assessment and should make use of the period set aside for viewing to undertake this assessment.   The Buyer acknowledges that such description is the Agent’s opinion and the Buyer does not rely upon such opinion.

(b)       All conditions and warranties as to the condition, quality, description or fitness for any purpose whatsoever of any lots sold by the Agent are hereby expressly excluded to the fullest extent permitted by law.  All lots are sold as seen with all faults and imperfections.  Neither the Agent nor the Seller will be bound by or liable for any representation of any kind whatsoever, whensoever or howsoever made. Neither the Agent nor the Seller shall be liable for any loss or damage whether caused by negligence or otherwise of either or both of their servants or agents and without prejudice to the generality of the forgoing neither the Agent nor the Seller shall be liable for any loss of profit, business or production or similar or other loss whether direct or indirect or consequential, howsoever caused.  In the circumstances any potential buyer should rely solely and exclusively upon its own inspection of any lot and should not treat statements made in sale particulars by the Seller and/or Agent either as representations thereof or facts to be relied upon.  No vehicle is warranted or held up to be road worthy / track worthy and no lot is warranted or held up to be merchantable or safe for use or complying with the prevailing health and Health and Safety legislation relevant to the jurisdiction where the Lots offered for sale reside or any other act or statutory requirements for use, display or movement.  The Agent, his servants and agents have no authority to make representations on the Seller’s behalf.  The Buyer accepts that a sale by tender is not a consumer sale pursuant to relevant Sale of Goods legislation where the Lots offered for sale reside.  

5.        Alterations

(a)       The Seller and/or the Agent reserve the right to withdraw, consolidate or divide all or any of the lots described in this Catalogue and in the “Added Lots List” at any time prior to the fall of the Agent’s hammer.

(b)       The Agent reserves the right to correct any clerical, administrative or typographical errors made by itself and/or its employees, agents, servants and others at any time.

6.      Title and Risk

(a)       The title to any lot shall remain vested in the Seller until the full sale price (as set out in the Special Conditions) for that or any other lot purchased by the Buyer, together with any storage and interest charges have been paid to the Agent by way of cleared funds but the risk of damage to or loss of the lot(s) or part lot(s) by whatsoever cause and in whatsoever circumstances shall be transferred to the Buyer upon completion of delivery of that particular Lot.  

(b)       Notwithstanding (a) above, the title to any lot shall remain in the Seller until such lot has been removed from the premises in its entirety.

(c)       The lots are sold without any title guarantee and should it transpire that the Seller’s title to any lot is defective or that the Seller cannot pass good title to the Buyer, the Agent shall be under no obligation to the Buyer save as required by law.

(d)       Should the Seller and/or Agent receive a claim from a third party to title to or possession of any lot(s) and/or part of a lot(s) prior to clearance of those lots the Agent reserves the right to rescind the contract for the sale of those lot(s) and/or part of a lot(s) and to deal with the lot(s) and/or part of a lot(s) as they see fit and to refund to the Buyer any money paid by the Buyer for those lot(s) and/or part of a lot(s).  The Buyer shall have no further recourse against the Seller nor Agent for loss or damages, consequential or otherwise as a result of the contract for the sale of a lot(s) and/or part of a lot(s) being so rescinded.

(e)       If before title passes to the Buyer under these conditions, the Buyer nevertheless purports to sell or otherwise dispose of the lot or any other interest therein, the Buyer shall hold the proceeds of such sale or other disposition upon trust for the Agent and the Seller jointly until title passes to the Buyer under these conditions, if at all, and in the meantime the Buyer shall not deal with, charge or dispose of such proceeds except with the written consent of the Seller and/or Agent.

(f)        The Seller sells only with such title, right and interest as it has in the lot.

(g)      Until title to the lot has passed to the Buyer, the Buyer shall:-

(i)        hold the lot on a fiduciary basis as bailee of the Seller and the Agent;

(ii)       store the lot separately from other goods held by the Buyer so that it remains readily identifiable as the Seller’s property;

(iii)      not remove, deface or obscure any identifying mark or packaging on or relating to the lot; 

(iv)      maintain the lot in satisfactory condition and keep it insured against all risks for its full price from the date of delivery;

(v)       give the Agent such information relating to the lot as either the Seller or the Agent may require from time to time,

           but the Buyer may resell or use the lot in the ordinary course of its business.

7.      Conduct of Removals

(a)      The Buyer shall collect the lots from the Seller’s premises or such other location as may be advised by the Seller and / or the Agent on the tender sale date, such date being the date for delivery in accordance with the contract or such other date upon which the Agent notifies the Buyer that the lots are ready. Delivery of the lots shall be completed at the lots’ arrival at the delivery location as specified by the Agent. 

(b)      If the Buyer fails to take delivery of the lots when ready for collection then, except where such failure or delay is caused by force majeure or the Seller’s or the Agent’s failure to comply with its obligations under the sale contract, delivery of the lots shall be deemed to have been completed when the Buyer was notified that the lots were ready, and the Agent may in its absolute discretion store the lots until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance), or resell or otherwise dispose of some or all of the lots. 

(c)       The Buyer is responsible for the complete removal of all lots purchased at the sale at their risk and must provide their own labour and equipment to carry out those removals in a safe and lawful manner within the removal period set aside in the Tender Document.    

(d)       It is the Buyers responsibility to ensure that all Machinery fixtures, and raw bolts and anchor bolts remaining following the removal of the lots must be removed prior to leaving the premises.  Flame cutting, the use of explosives or any other potentially hazardous or inflammatory process shall not be permissible at the site without the written consent of the Seller and/or the Agent who may impose whatever conditions they see as appropriate including but not limited to there being in place an adequate and valid insurance policy as determined by the Agent and/or the Seller, acting reasonably.

(e)       All equipment (including but not limited to craneage, fork lifts and all lifting equipment) used by the Buyer, his agent, or contractors for lifting and transporting lots which have been purchased at the Tender Sale shall be covered by valid insurance, registration documents, driving and test certificates.  The Agent reserves the right to inspect such documents and refuse the Buyer access to the site in the event that in the opinion of the Agent, the documentation supplied by the Buyer is insufficient. 

(f)        Should the Agent consider any damage is likely to occur, it may require the Buyer to deposit in cleared funds such sum of money with the Agent by way of security for the costs of making good the damage caused by the removal of a lot, as the Agent may reasonably require.  Should the Buyer refuse to deposit such monies, the Agent may in its absolute discretion refuse the Buyer access to the premises for the purpose of collecting all or any of the lots purchased, or rescind the sale of such lot pursuant to Clause 9.

(g)       The Buyer hereby undertakes to ensure that any lot it purchases will be used, moved or displayed whether at the site or elsewhere, only when the Buyer has taken all reasonable steps to ensure that such use, movement and/or display is lawful and safe.

(h)      The Buyer shall not be entitled to remove any lot until the purchase price of that and any other lot purchased has been paid in full and in default of payment as aforesaid the Agent shall have a lien upon all lots purchased by the Buyer and shall be entitled to rescind the sale contract in respect of any lot(s) for which full payment is not paid by the due date for payment (the ‘Due Date’)  and forfeit any deposit paid in respect of the lot(s) and re-sell the same without any right of compensation in the Buyer.  

(i)       Neither the Seller nor Agent shall be responsible for a delay or failure to deliver lots to a Buyer due to factors outside the control of the Seller or its agents (including the Agent) such as industrial action, strike, power failure, act of God or other obstacle to normal delivery.  Neither the Seller nor Agent shall be required to expend monies ortake legal action to overcome such obstacles to normal delivery.

8.               Accident, Damage or Loss

(a)       The Buyer agrees to insure against and to indemnify the Agent and the Seller against any and all claims arising in respect of injury or damage to persons or property including property belonging to the Seller and other buyers and third parties whether real or personal caused by or in connection with the acts or omissions of the Buyer whether caused by himself, his servants, agents, his principal or employer.  The Buyer agrees to put in place any necessary insurance to cover such loss. The Agent’s liability shall not exceed the price of the lot.  The Agent shall not be liable for consequential loss.

(b)       If, in the Agent’s opinion, removal of any lot or part thereof will be likely to cause serious damage to the premises, or any other damage, which the Buyer is either unable or unwilling to rectify, the Agent may by notice to the Buyer rescind the sale of such lot or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose pursuant to Clause 7(c).

(c)       Except in respect of death or personal injury caused by the Seller or Seller’s agents (including the Agent) negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 or any other matter in respect of which it would be unlawful for the Seller to exclude or restrict liability:

(i)          the Seller or Seller’s agents (including the Agent) shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or in contract or in tort (including negligence) for any loss or damage (including loss of profit or otherwise), costs, expenses or other claims for consequential loss whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Buyer; and

(ii)         the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, (including losses caused by a deliberate breach of the contract by the Seller or its employees, agents or subcontractors (including the Agent)) shall not exceed the price of the lots.

(d)       Should the Buyer, by himself, his agents or servants cause damage in any way to the site buildings, structures or damage to or loss of any goods, fixtures and fittings, machinery or lot thereat the Agent shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage or loss has been paid for in full, whether or not the lot(s) or any of them have been paid for in full, such loss and damage (the ‘Assessed Sum’) to be assessed by the Agent whose decision shall be final and binding except in the case of manifest error.  The Assessed Sum shall be paid by the Buyer upon receipt of aninvoice from the Agentand such payment shall be made forthwith, time being of the essence.  In the event of non payment of the Assessed Sum the Agent shall have the right to sell any goods over which a lien has been exercised and use the proceeds to settle the amount noted in the Assessed Sum and the Agent may pursue the Buyer for any deficiency as it sees fit.

(e)       The Buyer shall indemnify both the Seller and/ the Agent against any loss and/or damage suffered by the Seller and/or the Agent which directly or indirectly is attributable to the nature of the plant, equipment, machinery or stock acquired by the Buyer whether through breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or elemental deterioration.

(f)        The Seller and the Agent hereby severally exclude liability for any accident or injury, however arising, sustained by any person or persons who may attend the premises for the purposes of attending the view, sale or collection days or on any other business except in respect of death or personal injury caused by the Seller and/or Agent’s negligence.

9.      Default by the Buyer

(a)      Upon the Buyer’s failure for whatever reason:

(i)        to pay a deposit in full as required by the Agent; or

(ii)       to pay the purchase price in full by way of cleared funds by the Due Date; or

(iii)      to remove any lot from the premises in its entirety by the Due Date.

(and in respect of 9(i) to 9(iii) inclusive, time shall be of the essence).

the Seller and/or the Agent will be entitled to rescind the contract forthwith without incurring any liabilities to the Buyer. 

(b)       Without prejudice to any claims of the Seller and/or the Agent against the Buyer arising from the breach of contract or otherwise, upon rescision the following conditions apply:

(i)       all monies depositedby the Buyer in part payment of the lot and other lots will be forfeited and may be used to settlethe Seller and/or the Agent’s expenses referred to in paragraph (iv) below; 

(ii)      if the lot(s) has/have been removed by the Buyer without the authority of the Agent, the Seller and/or the Agent, including their servants or agents, may enter the premises of the Buyer to recover such goods;

(iii)     lots may be resold or otherwise disposed of by the Agent in such manneras they feel appropriate at their sole discretion and any deficiency arising upon the resale or disposal together with expenses incurred,shall be due as a debt from the Buyer.  Neither the Agent nor the Seller shall 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;

(iv)     the Buyer will be responsible from the specified time for final clearance,for all losses and expenses incurred by the Seller and/or the Agent including storage, security and removal and clearance expenses, the cost of reselling or disposing of uncleared lots, and sales commission including buyers premium in respect of the original sale.

(v)      if because the Buyer has failed to remove any lot by the time specified in clause 7 above (or in any written extension granted by the Seller and/or Agent) 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 indemnify the Seller for any loss resulting and the Agent may refuse to allow the Buyer to register for future sales or require the payment of a deposit before a bid is accepted; and

(vi)     all sums outstanding are subject to interest (after as well as before any judgment) at a rate of 6% above the base lending rate of Royal Bank of Scotland Plc or such other bank as the Seller or the Agent may from time to time nominate, calculated on a daily basis.

(c)      If before title to any lot has passed to the Buyer thereof, being an individual, dies, enters into a composition or arrangement for the benefit of his creditors or has a Bankruptcy Order made against himor, being a body corporate, has a Receiver, Administratoror Administrative Receiver appointed or entersinto liquidation or enters into a composition or an arrangement for the benefit of its creditors, or if it appears in the reasonable opinion of either the Seller or the Agent that any of the events listed above are likely to occur, then the contract for sale of such lot shall be automatically and without notice rescinded unless the Agent elects otherwise within 2 business days of receiving written notice of such an event (such notice to be despatched by recorded delivery post to the offices of the Agent as stated in the catalogue and noted below).  Upon rescission, any deposit paid by the Buyer shall be forfeit and the Agent shall be entitled to recover and resell any lots for which title has not yet passed to the Buyer without any right of compensation to the Buyer and make good any losses occasioned by the Seller out of the proceeds, and if the Buyer fails to deliver up such lots promptly, the Agent shall be entitled to enter any premises of the Buyer or of any third party where the lots are stored in order to recover them. Any shortfall shall be a debt due to the Seller by the Buyer without any right of set-off or counterclaim.

(d)       The Seller reserves the right to withdraw all or any of the lots including part lots described in these conditions or the Special Conditions and is under no obligation to accept any bid or offer made by a potential buyer.

(e)       Value Added Tax at the applicable rate will be charged on the purchase price, if in the Agent’s view it is applicable and if relevant, terms will be set out in the Special Conditions.  

(f)        No lots may be transferred and the Buyer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the contract without the prior written consent of the Agent. The Agent will only accept payment from and permit removal of lots purchased by the successful Buyer. 

(g)       The Buyer shall clear away the whole of any lots purchased and leave the site in a clean condition to the satisfaction of the Agent and if he fails to do so the Agent may carry out such rectification work as may be necessary to put the site in a clean condition and the Buyer shall pay to the Agent on demand the Agent’s costs of carrying out such work.

(h)       Failure to inspect prior to submission of an offer or bid is considered insufficient grounds to request amendments to any contract arising out of this sale or sales.

10.      Entry to Sale Site

           The Agent reserves the right to control admission to the sale site, grounds and buildingsand to refuse access to any party without being required to state a reason.

11.      Statutory Requirements and Regulations 

(a)       The Buyer must obtain all necessary permission and permits (including but not limited to those required by the Police, Ministry of Transport, Local Authority, Health and Safety Executive or Environmental Agency) to transport off site long or wide loads within sufficient time prior to the commencement of clearance of those items, in order to comply with the deadline for clearanceas stated in the catalogue or as specifically agreed in writing by the Agent and/or Seller.  Failure to obtain necessary consents on time will constitute a breach of by the Buyer of these conditions.

(b)       No lots in this sale are offered for sale as new.

(c)       The Buyer agrees that any fluids, sediments and solids in lots and/or remaining on/in machines at the time of purchase are the sole responsibility of the Buyerand must be removed from site in their entirety to conform with the Control of Substances Hazardous to Health Regulations or such other regulations as shall be from time to time in force.  Where waste materials are removed all work must be undertaken at the Buyer’s risk by an approved and licensed contractor.

(d)       It is expressly brought to the Buyer’s attention (successful or otherwise) that certain types of plant and/or main service installations could contain blue or white asbestos, dangerous chemicals etc. which if not handled correctly during the removal from the site could be in breach of Health and Safety legislation regulating the use of such substances in a working environment.  The Buyer shall ensure that it complieswith current health and safety regulations and employ specialist licensed contractors where necessary.

12.      Tied Bids

           If the highest tenders be of equal amount the Seller and/or Agent reserves the right to declare which of the bidders is the buyer.  

13.      General

(a)       All notices to be served on either party pursuant to the contract shall be deemed to be properly served on a party if sent by post by recorded delivery to its registered office (if it is a company) or its principal place of business (in any other case) or in the case of the Agent, as set out below or to such other address as the party has specified to the other party in writing.

(b)       If any term or part of these conditions is held to be unenforceable, illegal or invalid that term or part thereof shall be deemed to be deleted to the extent required and will not affect the enforceability and validity of the remaining terms of these conditions or the remainder of the relevant term.

(c)       These conditions and the Special Conditions constitute the entire agreement between the parties and the Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of either the Seller or the Agent which is not set out in these conditions or the Special Conditions. 

(d)       These conditions and any dispute arising out of or in connection with the contract (including non contractual claims) shall be construed in accordance with and governed by the law of England and Wales and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim between them.

(e)       A person who is not a party to the contract shall not have any rights under or in connection with it. 

(f)        A waiver of any right or remedy under the contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. 

14.     Address for Notices to the Agent

          Charterfields Limited

City Tower 

Piccadilly Plaza 

Manchester 

M1 4BT 

SPECIAL CONDITIONS OF SALE

Relating to Sale by Public Online Tender Sale

          ZACPAC PTY LIMITED

All attendees entering the site will be required to register their details confirming they agree to the General and Special Conditions (together the “conditions of sale”) detailed in the Tender Document on site.  Failure to register will prevent access to the site.

For information regarding individual lots,

please contact Charterfields on +44 (0)330 202 0116

1.         BUYER'S PREMIUM - 10%

All lots are subject to the Buyer's Premium at 10% of the sale price plus VAT.

2.         VIEWING

Viewing is strictly by appointment.  An opportunity to view the assets will be provided between Monday 24 September 2018 and Thursday 18 October 2018.

To arrange an appointment to view the assets please contact enquiries@charterfields.com

Prospective bidders should view and mark their Tender Document as no lotswill be accessibleat the point of sale and are purchased as seen.

3.         TENDER                             

The sale will close at the time stated in the Tender Document. Each lot will close at the same time as identified on the tender sale website. 

The Agent or its agents, reserve the right to cancel, block or remove any offers from the sale, if the bidder has registered before and not complied with any of the terms and conditions of sale.

By making an offer on any lot, the bidder makes an offer to purchase the lot at their offer price in accordance with the terms and conditions. Once an offer has been placed, it cannot be withdrawn or cancelled.

4.         SALE COMMENCEMENT AND LOCATION

The sale will be an internet based online tender sale.  Bidders will be able to view the lots online at www.charterfields.com The sale will open at 12pm GMT on Monday 08 October 2018and close at 12pm GMT on Thursday 18 October 2018.

5.         REGISTRATION

All persons wishing to bid will be required to register and agree to Charterfields Terms and Conditions, prior to bidding.  All lots sold are subject to Charterfields Terms and Conditions only.

The Agent will verify the details provided by prospective bidders.  Any person or company who fails to comply with the conditions of sale or provides incorrect details to the Agent, or any other Agents, will be prevented from registering and bidding on this or any other sale conducted by the Agent.

Initial Registration

In order to bid, prospective bidders must register a user name and password. Prospective bidders should click on “Register” at the top of the home page, complete any personal or company details and submit the form. Once the information is received bidders are approved to bid in the tender sale.

Tender Registration

To bid in an individual tender sale, bidders should register with their user name and password, click on the tender sale from the home page, select the option ‘sign up to bid’, and enter a credit limit (which is the amount available to spend on ALL items that they might bid on in the tender sale). Once the registration is received the bidder's details will be examined and the Agent will approve the bidder to bid.

Deposits
A deposit of £500 will be required from all bidders.

This deposit will be held in our non interest bearing client account.  For successful purchasers, the deposit will be taken as part payment or refunded in part if the invoice is less than the deposit. Unsuccessful bidders will be refunded by BACS only.  In the event of default by the buyer, the deposit will be used, where the payment terms detailed below are not complied with.

Submitting your Tender 

To place a bid, prospective bidders should click on the tender sale from the listing on the Charterfields Property and Asset Disposals.

Ø  Click on the button ‘View Catalogue’

Ø  Click on the button ‘View Lot’

You will need to register for the sale ensuring the details provided are correct.  Incorrect details may mean your tender is not accepted.

Once registered you will be able to submit your confidential bid.  Neither the bid amount or the number of bids are displayed during the tender process. 

For each offer received the bidder shall receive an email confirming the offer mode.  You will notreceive a notification if other offers are made on the same lot.

A bidder may increase their offer at any time during the available time period.

6.         NOTIFICATION OF SUCCESSFUL PARTIES 

Successful bidders will be invoiced within 24 hours after the last lot being sold, by email.  It is the bidder’s responsibility to check emails and post for notification of success.

Underbidders may be contacted if the highest bidder defaults on payment.

7.         PAYMENTDEADLINE 5PM GMT ON FRIDAY 26 OCTOBER 2018

·      NO CASH

·      NO BANKERS DRAFTS

·      NO BUILDING SOCIETY CHEQUES

·      NO COMPANY CHEQUES       

MUST be made in full by 5pm GMT on Friday 26 October 2018. Lots purchased may only be removed upon receipt by the Agent of CLEARED FUNDS by one of the methods detailed below:-                                

DEBIT CARD: BY TELEPHONE, PRIOR TO COLLECTION.  PLEASE CALL +44 (0)330 202 0116 TO MAKE PAYMENT.  CREDIT CARDS NOT ACCEPTED.         PLEASE ENSURE THAT YOU HAVE SUFFICENT FUNDS IN YOUR ACCOUNT WHEN MAKING THIS PAYMENT.

DIRECT SAME DAY BANK TRANSFER, FASTER PAYMENT OR CHAPS: PRIOR TO COLLECTION.  

NOTE: CHAPS PAYMENT - SAME DAY PAYMENT, (YOUR BANK MAY CHARGE FOR THIS SERVICE).  

INTERNET BANKING: PRIOR TO COLLECTION

                          BANK DETAILS FOR CHAPS TRANSFERS AND INTERNET BANKING:

                          These shall be provided along with the invoice to those successful bidders.

                          Please mark your payment with your company name for reference purposes.

  All attendees entering the site will be required to register their details confirming they agree to the terms and conditions of sale.

All costs associated with bank transfers/currency exchanges MUSTbe borne by the purchaser.  In the event the payment received is less than the amount due, the purchaser will be prevented from collecting their goods until payment in full is received. 

8.         CLEARANCE

Access to the premises to collect goods purchased is strictly by appointment only.  To arrange an appointment please contact enquiries@charterfields.com

It is the purchaser’s responsibility to make all necessary arrangements to remove the goods within the clearance period.

Any goods left on site after Thursday 30 November 2018 will be either deemed abandoned and scrapped or a charge equalling to the daily sum for rent and rates charged pro rata to those individuals with items on site. You will also be responsible for the costs of a porter attending site to facilitate access at the flat rate of $150.

ALL LOTS MUST BE COLLECTED.   

By Thursday 30 November 2018

No lots shall be removed without the authority of the Agent, or its duly authorised agent or servant.

If lots have not been removed in full by the clearance deadline, then the Agent will strictly apply the conditions of sale.  (The Buyer is referred to clause 9 of the General Conditions of Sale - Default by the Buyer).

IN RESPECT OF THE CLEARANCE DEADLINE, TIME IS OF THE ESSENCE AND ANY LOTS REMAINING ON SITE AFTER THIS DEADLINE WILL BE FORFEITED BY THE BUYER ALTHOUGH THE BUYER WILL REMAIN LIABLE FOR ANY COSTS INCURRED BY THE AGENT DUE TO FAILURE BY THE BUYER TO COLLECT THE LOTS BY THE SAID DEADLINE.

PLEASE NOTE - In the interest of security, access to the site during clearance times may be restricted.  Please ensure that you make appropriate arrangements through the Agents to ensure that you are able to comply with the clearance deadline for removal of lots from the site.

It is the Buyer's responsibility to assess and provide the necessary equipment, manpower and specialist services, where required, to disconnect, remove and load each lot purchased and the Agent shall have no obligation to assist in such disconnection, removal or loading.

During busy periods, access for clearance to the site or to lots may be restricted on the grounds of health and safety. The Buyer agrees that neither the Agent, Seller or its agents will be liable for any claims and/or costs arising for the hire and /or use of any equipment, demurrage or contractors required by the Buyer to remove the lots.

Portering staff are on site to supervise and control removals, not assist in the handling or loading of lots.

9.         SITE PROCEDURE

The Agent, its agents or sub contractors reserve the right to refuse admission or ask any person to leave site whose behaviours is abusive or deemed by the Agent to be unacceptable.  Any person found to be acting in a manner which may put others at risk will be asked to leave site immediately. 

In case of fire all visitors and contractors are to exit the premises promptly as directed by the Agent and its staff.

All visitors and contractors and their vehicles may be subject to search whilst on site.

All visitors and contractors are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective clothing if appropriate.

10.      HEALTH & SAFETY

Depending on the size of the removal programme, certain projects may come under the Work Health and Safety Act 2011 (Queensland).

Clearance of all lots must be undertaken in accordance with current Health & Safety at Work Regulations. The Buyer accepts that it may have to provide a “work method statement” and “risk assessment” approved by the Agent and the owners of the premises prior to the removal of any lots. The owners of the premises reserves the right to halt clearance if it feels, in its opinion, removal is being carried out in an unsafe manner or without an approved “method statement” and “risk assessment”, as stated.

Oil / Liquid Removal

Any fluids, sediments and solids remaining in the lot offered for sale at the time of purchase are the sole responsibility of the Buyer and MUST be removed from site to conform with relevant regulations and legislations as shall be from time to time in force.  Where waste materials are removed, all work must be undertaken at the Buyer's risk by an approved and licensed contractor.

11.      PROXY BIDS

At the end of this catalogue is a form upon which bids can be entered by prospective bidders who may experience difficulty in bidding online.  Any bid made by completing the form and returning it to the Agent prior to the Tender constitutes an offer by the prospective bidder to purchase the lots detailed in the bid, which may be accepted on behalf of interested parties without liability on behalf of the Agent.  Successful bidders onlywill be notified by telephone as soon after the sale as possible, usually on the evening of the tender or on the morning following.

12.      DESCRIPTIONS                 

The information contained herein as to quality, description, etc, of the goods is provided in good faith but represents the Agent’s opinion without obligation, and prospective purchasers must rely on their own examination of the goods. Included in this catalogue are General Conditions of Sale and Special Conditions of Sale both of which are incorporated in the sale contract. Buyers will be deemed to have read and understood these conditions. Buyers are not entitled to any goods or other items not included in the lot description in this catalogue.

13.      WARRANTY                     

All goods are sold without warranty and any conditions and warranties as to condition, quality, description or fitness for any purpose are expressly excluded to the fullest extent permitted by law.

14.      DAMAGE TO PREMISES OR OTHER GOODS

The Buyer will be responsible for all damage occasioned to the premises or goods in the premises including damage caused by its carriers, agents or servants in removing lots purchased.  At the discretion of the Agent a deposit may be required prior to or during the removal of lot(s).  Such depositwill be refunded subject to completion of removals to the satisfaction of the Agent or their agent.  Should the Buyer refuse to deposit such monies the Agent may refuse the Buyer access to the premises for the purpose of collecting all or any lots purchased.  In the event that the Buyer is refused access to the premises on these grounds, this shall not limit the Agent’s right to make claims against the Buyer in relation to a non collection of goods prior to the stated deadline in accordance with the conditions of sale.

15.      INSURANCE, RISK & TITLE

Buyers should note that on being notified of their bids being successful, the lots stand at the Buyer's risk but collection will not be allowed until the lots have been paid for in full by way of cleared or bank guaranteed funds.  Buyers are strongly advised to immediately take advice by way of risk assessment and take out sufficient insurance cover to protectagainst the risks.  The duty of the Agent and/or the Seller 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, stolen, or damaged after the fall of the hammer. To the fullest extent permitted by law no responsibility whatsoever will rest with the Agent or Seller in the event of any loss suffered.

16.      TRANSFERS                      

The Agent will not, under any circumstances, recognise the transfer of lots to third parties.

17.      RELEASE OF LOTS

                               No lots will be allowed to be removed until all monies owed by the Buyer havebeen settled in full by way of cleared funds.

18.      PURCHASE OF LOTS THROUGH FINANCE COMPANY

                               The Agent draws the attention of prospective bidders contemplating purchasing lots through a finance company to the importance of making such arrangements well in advance of the sale so that they may make payment in accordance with the conditions of sale.

19.      GOVERNMENT STATE TAX [GST]

As the lots being offered for sale are located in Queensland, Australia all lots sold will be subject to GST @ 10%.  

If it is the purchasers intention to export the lots from Australia, then GST may be refunded.  Refunds will be issued under a strict criteria as follows: - 

·       Evidence of export of the goods within 60 days of the payment of invoice. Such evidence to include a Bill of Lading, Seaway Bill or Air Waybill.  

·       Since the purchase of the lot, the goods have not been altered or used in any way by the purchaser, except to the extent (if any) necessary to prepare the goods for export.  

Upon delivery of the appropriate documentary evidence the GST shall be refunded.

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.

20.      VALUE ADDED TAX (VAT) 

As the sale is being conducted by Charterfields, a UK registered company, VAT @ 20% will be applicable on the buyer’s premium.  The VAT on the buyer’s premium is non-refundable as it is supply within the UK. 

21.      REMOVAL OF LOTS

Any person or persons seen to be acting in a manner which may endanger themselves or others, will be asked to stop and leave the site immediately.

                                    It is the Buyer’s responsibility to ensure that arrangements have been made for the removal of all lots purchased.  The Buyer accepts that:-

·       Porters are not employed to assist in the removal of assets, only supervise;

·       Removal of lots to be undertaken by the Buyer;

·       Only assets with lot tickets are offered for sale;

·       Any Buyer found to be damaging the premises or fabric of the buildings will be immediately asked to leave the premises.

·       The Agent, its agents and porters are on site to supervise and control removals, not assist in the handling or loading of lots.  Insurance cover is not in place for the Agents to undertake handling.

22.      LOCATION/DIRECTIONS TO VIEW AT PREMISES

Please go to www.streetmap.co.ukwww.multimap.co.ukwww.google.maps.co.uk.

23.      PARKING

Please note that parking may be restricted on site.  Vehicles park at owners risk.

24.      INTERNET SERVICES

Charterfields cannot guarantee that the internet services will operate continuously or without interruptions.  Such an occurrence may affect the conduct of the Online Tender Sale and the ability of Bidders to bid.  Charterfields shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to the internet services or power failures or any other unforeseen circumstances that may occur during the Online Tender Sale.  

25.      MAILING DATABASE

To receive notification of future sales you may wish to be added to Charterfields mailing database.  To register please visit www.charterfields.com