Terms & Conditions of Sale
GENERAL CONDITIONS OF SALE(as approved by The Royal Institution of Chartered Surveyors)
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1) Application of these General Conditions
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1.1 In these general conditions the expression "the Auctioneer" includes his employees and agents and any person to whom conduct of the Auction is delegated under clause 5.11 below.
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1.2 These General Conditions apply to every Auction of Plant and Machinery, Chattels, Trade Stocks and Vehicles conducted by the Auctioneer and to any Lot offered for sale in the Auction whether that Lot includes property fixed to land or not fixed to land or any other personal property.
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1.3 If these General Conditions have not previously been accepted by a person attending or bidding at an Auction, bidding for any Lot in the Auction shall be deemed to be an acceptance by the Bidder of these General Conditions.
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1.4 To the extent that these General Conditions are inconsistent with any special conditions set out or referred to in the Auction Catalogue or announced at the Auction, the special conditions shall prevail.
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1.5 These General Conditions shall be governed construed and enforced in accordance with the law of England, but:-
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(a) if the Auction is held in Scotland, in accordance with the law of Scotland;
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(b) if the Auction is held in Northern Ireland, in accordance with the law in Northern Ireland
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2) The Seller's Instructions and Warranties
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2.1 The Seller warrants that:-
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(a) to any Lot offered for sale he will be able to pass good and unencumbered title
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(b) free from third party claims;
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(c) any Lot offered for sale may lawfully sold;
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(d) the premises where the Auction is to be held (if not the Auctioneer's premiseswill be safe for that purpose and that it will be lawful to hold the Auction there.
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2.2 If the Seller's instructions are given by the Seller's agent, the Seller's agent warrants that he has the Seller's authority:-
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(a) to instruct the Auctioneer;
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(b) to give the warranties set out in clause 2.1 above;
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(c) to instruct the Auctioneer to act in accordance with these General Conditions and any special conditions.
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