I/ We undertake to present these items for sale and to deliver same to Irish machinery Auctions at least 48 hours before the next auction date from today’s date.
I/ We certify that these items are my/ our sole property and are not subject to any hire purchase, lease, contract hire agreement on any other contract, and that I/ we shall abide by the terms and conditions of business shown below.
I/ We warrant that I am/ we are entitled to have possession of and to sell these goods and am / are entitled to instruct you to sell them by auction and I/ we further warrant that all the information supplied by me/ us to our agents is accurate and I/ we agree to indemnify you against any liability, however so, arising in respect of you receiving the goods or selling the goods at auction or in respect of any inaccuracies in the above information and against all costs and expenses incurred by you on my/ our behalf in dealing with any claim arising in that respect.
I/ We certify that I/ we have notified the Auctioneers in writing if any of the Items entered have been recorded by any insurance company as a write-off or have been subject to a major insurance claim As seller of this / these items, I/ we undertake that:
(a) so far as is reasonably practical, I have taken sufficient steps to ensure that this/ these articles are safe and without risk to health at all times when being set, used, cleaned or maintained by a person at work and in observation of proper health and safety procedures.
(b) so far is reasonably practical, in compliance with paragraph (a) above, I have carried out, or arranged for the carrying out, of suitable testing and examination to ensure there will be no risk to safety (taking into account the age and condition of this / these articles).
I have read the terms and conditions below and agree to adhere to them without exception.
Terms and Conditions
In the case where a purchaser deals as a consumer within the meaning of the Sale of Goods & Supply of Services Act 1980(the 1980 Act) nothing herein is intended nor will effect of prejudice the contractual rights which such a purchaser enjoys by virtue of sections 12-15 (inclusive) of the sale of goods act 1893, as amended (the 1893 Act) and where dealing otherwise then as a consumer within the meaning of the 1980 Act, all terms implied by the 1893 Act and the 1980 Act are hereby excluded Before selling, bidding for, or buying any item, it is important that these terms and conditions are read.
All parties agree to accept these terms and conditions as binding on them and all items are sold subject thereto unless otherwise expressly agreed in writing by Irish Machinery Auctions Limited (the “Auctioneer”)
No item shall be deemed to have been accepted for sale in our auction by the auctioneer unless and until the party selling the item (the “Vendor”) shall have first completed, signed and delivered to the auctioneer an official entry form, together with any registration documents (if applicable) and payment of the relevant entry fee, whereupon the item may be entered for sale in accordance with the terms of entry and subject to the following conditions:
(1) On the fall of the gavel/hammer or other similar act which concludes the bidding, the purchaser of the item (the “Purchaser”) shall have entered into an unconditional contract to purchase the item. All payments must be by Bank Transfer, Bank Draft, Debit Card or Cash. (Cheques are not accepted). Thereafter, the item shall be at the purchaser’s risk, at all other times the item is at the Vendor’s risk. In the case of any dispute, any remedy of the Purchaser shall be against the Vendor only (including an action for breach of any fundamental obligation herein) and under no circumstances shall any remedy lie against the Auctioneer or any agent or employee of the Auctioneer.
However, for the avoidance of doubt, if the purchaser has any right to a remedy against the Auctioneer, he/she hereby waves that right.
(2) The Auctioneer acts in the sale of the item as agent only and is not responsible for any default by either the Purchaser or Vendor. The Auctioneer shall not be liable in any way whatsoever regarding such a contract and the Vendor and Purchaser shall have no rights of action except as against each other concerning any matter arising from the sale of or legal ownership of the said item.
(3) The Auctioneer reserves the right to refuse to accept any item in its auction or sale. The Auctioneer gives no warranty as to the Vendor’s title or right to sell, each entry being accepted in good faith and without knowledge as to any defect in the Vendor’s title.
(4) All items are offered in their condition at the time of sale and in the location of the sale unless otherwise stated. No express or implied warranties or representations are given by the Auctioneer whether as agents or otherwise, as to the condition, hours, mileage, or description of their item in any published catalogue or advertisement. The Auctioneer does not guarantee the hours, odometer or clock reading on any item for sale. No representation is made as to the past use of any item for sale.
(5) The purchaser acknowledges that no warranty is expressed or implied and no representation has been made or relied upon.
The final responsibility for assessing the condition of any item rests with the bidder prior to the commencement of the auction/sale.
(6) If any warranty or representation shall be found to have been made inadvertently and in good faith, by the Auctioneer arising solely and exclusively from an announcement based on information provided by the Vendor and/or stated by the Vendor on the entry form, then such warranty or representation shall be deemed to be a warranty or representation by the Vendor, who shall at all times indemnify the Auctioneer from and against any liability, therefore whatsoever and however arising provided always that the Vendor hereby agrees and confirms that the Purchaser shall have the right to rescind the contract for the sale of the item if it has been materially misrepresented by reason of its condition, age or mechanical condition, but only if the Purchaser gives notice of same to the Auctioneer.
The item must, in such instance, be returned to the auction yard within 5 days of the auction/sale and subject to the opinion/report of the Auctioneer’s engineer as to such matters which shall be conclusive and binding on both parties.
(7) The Purchaser must be satisfied as to the actual condition of the item prior to commencement of bidding and or sale. By the act of bidding the Purchaser shall be deemed to have inspected the item purchased and to have accepted the item in its condition in all respects including all its faults and defects of whatever nature (if any). Any express or implied condition or warranty whether arising by custom, common law or by reason of the provisions of any statute with regard to the description or suitability or fitness for purpose, merchantable quality or road worthiness of the item is expressly excluded.
(8) All Items are offered for sale subject to any reserve price set by the Vendor.
The highest bidder shall be the Purchaser (in excess of the reserve) and in the event of dispute the Auctioneer shall have absolute discretion to settle the matter or to re offer the item for sale. The Auctioneers decision shall be final and binding. The Auctioneer may regulate the bidding, refuse any bid and withdraw any item without previous notice. The Auctioneer may bid on the Vendor’s behalf on any item offered either with a reserve or subject to the Auctioneer’s discretion. Each item entered and accepted shall be auctioned individually or in lots and bids shall only be accepted for the item auctioned at the particular time.
(9) The Vendor agrees that, at the sole discretion of the Auctioneer, the Purchaser shall within 5 working days of the auction or sale fully pay for the item purchased.
(10) The Auctioneer shall not be liable to pay the Vendor until payment is received in full from the purchaser and if the said purchaser fails to make such payment the Auctioneer reserves the right to rescind the contract on behalf of the Vendor, but without prejudice to any claim that the Vendor may have against the Purchaser for damages or otherwise.
(11) Any property found in a vehicle, or equipment shall not pass to the Purchaser until the Purchaser has made payment in full for such items. The Auctioneer reserves the right to forbid the removal from its premises of any item purchased until the payment conditions have been met in full. Items that have not been paid for under the terms of the auction may be repossessed by or on behalf of the Vendor or the Auctioneer and representatives of the Vendor of the Auctioneer who may at any time enter into any premises where the item is present for the purpose of effecting such repossession.
(12) The Auctioneer does not accept any responsibility for the loss of or from damage to any item or other property on its premises whether or not the same is entered for sale in its auction, and every person on the Auctioneers premises before, during or after the auction/sales shall be deemed to be there at his/her own risk and with notice of the condition of the premises and of the method of arranging the method of arranging the items or otherwise. Such persons shall have no claims against the Auctioneer in respect of any injury sustained or any accident which may occur from any cause whatsoever.
(13) All items that have been sold and fully paid for and which remain on the auction premises after the expiration of 5 working days after the date of the auction will incur a storage charge and the auctioneer shall be deemed to have a lien on the item thereafter.
(14) If within 14 working days of the auction and notification in writing by the Auctioneer to the Vendor in respect of:
An item which has not been sold in accordance with these terms and conditions
An item which has not been removed from the Auctioneer’s premises by the Vendor or the Purchaser as the case may be
A failure to instruct the Auctioneer as to what action the Vendor or Purchaser as the case may be required the Auctioneer to take into respect of any auction item.
Then the Auctioneer reserves the right and shall be deemed to have been instructed by the Vendor or the Purchaser, as the case may be, to offer for sale any such item at a reserve price, which in its own absolute discretion is considered by it to be fair and reasonable in all the circumstances but without liability whatsoever to account to the Vendor or the Purchaser as the case may be in default as aforesaid for any shortfall which may be incurred in respect of the price on such resale.
(15) If any item entered for sale is not sold by pubic auction but is subsequently sold by the Vendor or his/her agent on the auction premises, any firm or corporate body attending or whose servant or agent is attending the auction sale on the day of the auction that sale shall be deemed to have been affected by the Auctioneer as agent for the Vendor and commission shall be due to the Auctioneer upon such sale. The Auctioneer shall not be liable in any way whatsoever regarding such a contract and the Vendor and the Purchaser shall have no rights of auction except as against each other in respect of any representation whether expressed or implied, or any rights of action, except as against each other in respect of any representation, whether expressed or implied, or any rights or liabilities whether express or implied by common law statute or otherwise in connection with or arising from such sale of or legal ownership of the item.
(16) Where any item offered for sale is in such a condition as to make its use upon the public roadway or in respect of which there is a defect which at the time of sale would render the sale item a danger, including persons using or travelling in the item, there shall be deemed to be incorporated into the contract between the Vendor and the Purchaser a term that the item will not be used and is not intended for use in the condition in which it is sold to the Purchaser, together with an undertaking on the Part of the Purchaser that the item will not be used in any way contravention of the requirements in these or in any other respects imposed by the Road Traffic Acts 1961 to 1968 and the regulations and bye laws made hereunder or otherwise by law, and that the Purchaser should satisfy themselves in regard to such matters prior to the removal of the item from the auctioneers premises.
(17) In respect of any notices required to be sent in accordance with the terms and conditions herein, the same shall be in writing and may be deemed to have been received if delivered or sent by ordinary post to the last known residence or place of business of the person to whom it is addressed.
(18) Any lot`s left for more than three months without instruction will be sold with no reserve at the fourth auction.
(19) Any items that require fuel to remain operational will be charged to the vendor at a cost of €10 +VAT for each Gallon of fuel transferred to your assets.
(20) Auctioneers Commission of 5% +VAT or a minimum of €10 + VAT will be charged against every sold lot, whichever is greater.
(21) An administration fee of €10 +VAT will be charged against every sold Lot.
(22) These terms and conditions of business shall be deemed or be incorporated into all contracts of sale effected by the Auctioneer whether by way of public auction or private treaty.
(23) The Vendor warrants to the Auctioneer that good title to the item concerned will pass to the purchaser.
(24) Where a vendor enters an item into the auction and then withdraws the item within 5 working days prior to the auction taking place, the vendor will be charged a withdrawal fee.
(25) The auctioneer reserves the right to add additional conditions of sale to any sale it conducts. It also reserves the right to modify or withdraw any of the above conditions. In such circumstances, additions, modifications, or withdrawals will be announced at the commencement of the auction or any time during the auction.