Auctioneers' notes
1. Directions – postcode HR2 9NH:
From Hereford or South Wales take the A465 (Hereford –
Abergavenny Road) and take the B4349/B4352 for Clehonger and Madley. After 4 miles
turn left just prior to the “Comet Inn” before Madley village. The sale site is
after 1 mile on the left hand side.
From M50 OR A40 Ross spur take the A49. After 7.5 miles
after passing through Harewood End take the left turn at Llandinabo for Wormelow.
After 2 miles at Wormelow turn right and immediately left following the B4348. This
road passes through Much Dewchurch which brings you onto the A465 at Locks Garage.
Turn right and after 4 miles take the B4349/B4352 passing through Clehonger and
just before Madley turn left at the “Comet Inn”. The sale ground is 1 mile on your
left hand side.
From the West Midlands and West Wales approached from
the West on the A438 Brecon – Hereford road. LIGHT TRAFFIC ONLY take the Bridge
Sollars road (4 miles before Hereford) and proceed into the village of Madley. Turn
left and after 1 mile turn right at the “Comet Inn”. The sale ground is after 1
mile on the left hand side.
Please note – There are several villages and residential areas on route, not least
Clehonger and Madley as well as on the approach to the sale ground at Stone Street.
Please drive carefully and take care when approaching the site.
2. Delivery & loading:
Important Note - Brightwells Ltd operate a secure site system.
Sale week - from the Monday preceeding the sale up to
and including the Monday following the sale the site is open from 8am to 5pm. (Saturday
8am to 2pm – Sunday Closed)
On sale day – Delivery of lifting and non lifting items
from 7.30am to 8.30am (very limited access).
Loading - Sale of equipment in our lifting area will take
place at 10am to approximately 11.30am. Once the auction has moved from this area,
loading will be allowed in this secure area using our designated teleporters only.
No public allowed. Collection of driven equipment, light sundries and trailers will
take place during the sale but strictly under Brightwells Security supervision.
Please note payment is essential before removal. Uncleared lots may attract a storage
charge at the auctioneers discretion. Charges will be made for any uncleared rubbish.
Part lots at the relevant cost at time of removal.
“Wheels and Tyres” – We will accept these only into the dedicated section of the
Sundries. No Car or Light Commercial tyres – The Auctioneers have full discretion
over the entries to be taken and may require a deposit before entry is allowed.
3. Registration: All Purchasers not holding a Permanent
Buyer's Number must register before bidding. All Non-Security
Card holders are requested to bring identification. Non-registered purchasers will
not have bids accepted. Identification must be by Drivers
Licence, Passport etc., plus a Utility Bill or Address Document. We have full credit/debit
card facilities on site for non account holders to pay, there is a 3% charge on
credit cards.
4. Security: The responsibility of all Lots remains with
the Vendor until the fall of the hammer and the Purchaser thereafter. No Lots may
be collected until a pass has been obtained from the Auctioneers Office. All lots
are the purchaser's responsibility at the fall of the hammer.
5. Payment: All items purchased shall be
paid for on the day of the sale immediately at the conclusion of the
Auction. All purchasers who do not regularly trade with the Auctioneers should make
one of the following arrangements for payment prior to purchase. The Auctioneers
reserve the right should a bonafide purchaser not be found to cancel the sale and
return the Lot(s) to the Vendor.
i) Arrange to pay by Credit or Debit Card. Credit Cards carry a 3%
charge, VAT included, to cover our Bank Charges, or pay by Cash.
ii) Arrange with your Bank Manager for the issue of a guaranteed cheque to be brought
with you.
iii) Bring a letter to each auction from your bank addressed
to Brightwells Limited confirming the amount up to which cheques can be accepted.
The letter should include the following:
a) Date of Auction
b) Yours account number
c) Your account name
d) Amount of limit of cheques
e) Authorised bank signature
iv) Ask your bank to contact us, Telephone 01568 – 611166
~Brightwells Limited, Easters Court, Leominster, Herefordshire HR6 ODE, confirming
that you will be attending the sale and that cheques can be accepted up to an agreed
limit.
6. Power take off drive shafts: All pto drive shafts and control
boxes or other detachable items must be securely attached to the machine.
If none of these are evident then the purchaser must assume that they are not available
and included in the sale. The Auctioneers take no responsibility for any parts,
PTOs missing or any other damage to or loss of the machine whilst on the premises.
(See also No 12 on the Special Conditions of Sale).
7. Reserves: Vendors are reminded that any reserve prices
must be handed to the Auctioneers IN WRITING not later than one hour before the
sale commences (i.e. 9.00 a.m.). The Auctioneers will not be responsible for any
reserve not dealt with in this manner. Alterations to reserves should only be made
in writing.
8. Presentation of lots: The Auctioneers cannot accept
any responsibility for any Lots not being presented for sale at the Auction. Nor
can they entertain any claim for expenses incurred in abortive attendance at the
sale. We will be pleased to advise whether or not a lot is forward on the site,
if you telephone the office on the afternoon previous to the sale.
9. Notice to all vendors: Before leaving the sale site
please check with the office that your Lots are sold. If any items remain unsold
you must obtain a “Not Sold” Pass from the Sales office
before removing your Lots from the Auction Site. It is important to remember that
Security of Lots is the Vendors responsibility until sold.
10. Insurance: Vendors and Buyers Please Note: The responsibility
to insure any lot Pre Sale or Post sale on a “not sold lot” falls with the vendor
(seller) and any existing insurance must be maintained until the fall of the hammer.
Once the hammer has fallen or the sale agreed post auction (in the case of lots
sold “subject”) the responsibility to insure the lot falls with the buyer who should
inform his Insurance Company immediately. Messrs Brightwells (The Auctioneers) will
take no responsibility for the insurance of any lot whether pre or post auction
– whether delivered prior to the date of sale, on the date of sale or post sale.
11. Private treaty sales: Any goods bought privately after
the auction must be paid for through our office ~ delivery of the same cannot be
obtained otherwise and it is an offence not to report the transaction. The Auctioneers
reserve the right to charge either party, the commission where a private sale has
taken place.
12. VAT: at the standard rate will be added to the purchase
price of all Lots, which is 20% of the purchase price. VAT is chargeable on all
lots in the sale regardless of whether or not the vendor is VAT registered. In addition
all charges and Indemnity/Buyers premium will be subject to VAT. In the case of
overseas Purchasers from EC countries, they will be required to supply the Auctioneers
with their VAT/fiscal number and other relevant information requested
in order that the items may be invoiced at zero rate for VAT purposes. Where this information is not made available or where the Purchaser
is not VAT registered, VAT at the standard UK rate will be charged in addition to
the purchase price of all relevant lots. This amount will not be
recoverable.
a) It is the responsibility of overseas purchasers from EC countries to ensure that
they or their haulier complete and sign a “collection certificate” at the Auctioneers
office on collection of goods purchased. Failure to do so will result in VAT becoming
payable at the standard UK rate and this VAT will not be recoverable.
b) In the case of overseas Purchasers from Non EC countries, they will be required
to pay a VAT deposit equivalent to the standard UK rate of VAT. Such amount will
be refunded to the Overseas Purchaser if the Auctioneers receive within three months
of “the time of supply” a satisfactory Bill of Loading or Certificate
of Shipment as proof of shipment of the lots outside the EC, failing
which the VAT deposit will be paid over to Customs & Excise as VAT. New Overseas
Purchasers are asked to contact our accounts office at least two days prior to the
sale in order to deal with their requirements.
c) All overseas purchasers must produce a valid VAT number of the named purchaser
on the invoice to be shown on the invoice. VAT is only refundable on goods bought,
not for the VAT charged on services for purchasers within the EU.
13. Notice to all purchasers & vendors: The Low Voltage
electrical equipment (safety) Regulations 1994. The supply of electrical equipment
that is in need of reconditioning or repairs to someone who carries
on a business of repairing and reconditioning electrical equipment is
excluded from the 1994 Regulations by virtue of the Act. Similarly the sale of articles
as scrap is also excluded.
14. The auctioneers reserve ther ight to refuse entries of any tyres or other goods
they consider not to be in a saleable condition. If lots or part lots are left on
site the auctioneer reserves the right to withhold payment or make charges. No tyres,
glass or breakable items will be accepted.
Health and Safety
15. All persons whether Vendors, Purchasers or others are required to follow our
Health & Safety procedures when unloading on site. They will supply and be equipped
as necessary with suitable and adequate equipment and will hold the necessary operators
and equipment licences for vehicles, hoists, cranes and loaders and for the equipment
such as chains, straps, hooks etc., be responsible for any loss, damage or injury
caused. Brightwells reserve the right to prohibit use of any lifting equipment that
is not considered to sufficiently strong, stable and suitable for the proposed use:
that is not positioned or installed to prevent the risk of injury, e.g. from the
equipment or the load falling or striking people or is not visibly marked with any
appropriate information e.g. Safe working loads. Accessories, e.g., slings, clamps
etc, should be similarly marked.
16. No vehicles will remain on the site after unloading.
17. Whilst the Auctioneers and Vendor have made every effort to ensure safety on
site. All persons attend at their own risk. Children under school
leaving age must be accompanied by an Adult and supervised at all times. First Aid
kits are located in the sales office. If you require first aid then please
make yourself known at the office and a member of staff who is trained in first
aid will be called upon to assist you. All persons must be aware that Plant Machinery
and other equipment have inherent dangers and must take care at all times. No engines
to be started, Booms or Jibs raised or any other operation to take place without
the presence of the Vendor. Do not climb on the equipment and keep to the designated
Sale Areas. Please ask our staff if in any doubt.
Health & Safety procedures will be observed at all times by all persons
on site.
18. Substituted lots: Purchasers should be aware that
if there is a not forward lot, the auctioneers may put another lot in place of of
the original lot. The purchaser must take care to check that the lot corresponds
with the catalogue and if in any doubt please ask a member of staff. The Catalogue
is for guidance purposes only.
19. Sale proceeds: Clients' monies paid to us will be
held in Brightwells Ltd Clients' Auction Sales Account at Barclays Bank plc, Hereford
Branch. Clients will not be entitled to any interest on balances in this account
20. Subject bids: A purchaser shall be bound to stand
by a subject bid until the bid is confirmed by the Vendor or 6pm on the Day of Sale,
whichever is the sooner.
Machinery sale ~ special conditions
All Lots are sold subject to our Conditions of Sale and Entry, a copy of which is
available on site, or by request.
1. The highest bidder shall be the buyer, subject to the right of the Auctioneers
to reject any biddings they may think fit and subject to the right of the Vendor
to bid. If any dispute arises as to the highest bidding, such dispute shall be finally
settled by the Auctioneers, or at their option the Lot in dispute may be resold.
2. No bidding shall be retracted. The biddings will be regulated by the Auctioneers.
3. Every Lot must be taken to with all faults and mis-descriptions, (if any).
Until sold, each Lot shall be at the Vendor's risk and it shall be his duty to preserve
the same. After the fall of the hammer such risk and duty shall devolve upon the
Purchaser. The Auctioneers, on behalf of themselves and the Vendor, shall have a
lien on each Lot for the purchase money thereof until actual payment. No Lot shall
be removed from the place of sale until the sale has been concluded and a PASS obtained
from the Auctioneers, or their Clerk. Notwithstanding such lien and the right of
possession aforesaid, the Auctioneers will not undertake any risk as regards any
Lot, nor any liability whatever, as to preservation, or delivery thereof.
4. Substituted lots: Purchasers should be aware that if
there is a not forward lot the Auctioneers may put another lot in place of the original
lot. The purchaser must take care to check that the lot corresponds with the catalogue
and if in any doubt please ask a member of staff. The catalogue is for guidance
purposes only.
5. All private vehicles parked at the Sale are at the owner's sole risk. Whilst
security is in place, be aware of the security of your own vehicle and possessions.
6. On failure of compliance with these Conditions, the Auctioneers may re-sell the
Lot, or Lots, either by Public Auction, or Private Contract and the deficiency,
(if any), with all expenses, shall be made good by the defaulter at this sale, but
such defaulter shall not be entitled to any surplus which may arise by such re-sale.
Such expenses shall be deemed to include the usual Auctioneers commission on the
re-sale and all expenses for porters, advertising, market tolls, carriage, care,
keep and otherwise.
7. Value Added Tax at the Standard Rate will be added to the purchase price of all
items bought at this Sale by purchasers in the United Kingdom, (this includes Northern
Ireland) and the amount will clearly be shown on the purchaser's Account.
8. All Road Traffic Acts: Sellers are responsible by law
to declare if a vehicle is not roadworthy and if any Manufacturer Safety Recall
Notices are incomplete for the vehicle at the point of sale. Any disputes raised
by the Purchasers will need to be resolved by a third party chosen by the Auctioneers
and will be at the Purchasers expense, unless the vehicle is deemed mis-described,
in which case any outstanding expenses will be due to settled by the Seller. Purchasers
must raise disputes against roadworthiness before leaving the site. The Auctioneers
are not responsible for checking roadworthiness or the Safety Recall status of a
lot.
9. Warranties: All lots sold as seen with no warranties
expressed or implied given in any way.
10. The Vendor reserves the right to bid. All reserve prices must be presented in
writing, or sent to the Auctioneers Office prior to the sale, otherwise no responsibility
can be accepted for errors.
11. Hire purchase: The Auctioneers must be notified on
the entry form of any item to be offered for sale which is the subject of any Hire
Purchase, Leasing or other Finance Agreement
12. Liability: Both the Auctioneers and the Landlords
cannot be held responsible for any accident, loss or damage from any cause whatever
to persons, or property which may occur whilst on the Sale Ground. All Lots are
at the Vendor's risk until sold and the Purchaser’s risk immediately at the fall
of the Auctioneer's hammer. Please take note of all guidance signs and instructions
given on the site.
13. Insurance: Please see number 14 in Auctioneers Notes.
14. Security: Whilst maintaining security staff on site,
items left on the Sale Ground both before and after the Sale remains the responsibility
of the owner.
15. Vehicle documents: Entries of vehicles which by Law
must be licensed for use on the Public Highway MUST be accompanied by the relevant
Log Books, Certificates, or MOT, plating and ownership transfer where available.
The Auctioneers will not release documents on the day of sale. All documents supplied
to the auctioneers will be completed correctly, with the DVLA being informed of
the new keeper's details. It is also the responsibility of the purchaser to inform
the DVLA of the details. If any vehicles are sold without a V5 document the vendor
remains liable for any penalties issued by the DVLA.
16. Banking arrangements: Prospective purchasers unknown
to the Auctioneers should make the necessary arrangements with both their Banks
and the Auctioneers at least 48 HOURS prior to the Sale. No cheques will be accepted
unless arrangements have been made with the Auctioneers prior to the Sale.
17. Conditions of sale: All entrants will be deemed to
have read and agree to abide by both the Auctioneers' Conditions of Sale (available
for inspection in the Sale Office) AND the Supplementary Conditions, (copies available
on request).
18. Reservation of title: If the Auctioneers do not demand
payment from the Purchaser but allow him to remove the Lot from the Sale, then the
purchaser shall ensure that the title in the Lot remains vested in Brightwells Limited
until payment in full has been made. Until payment in full has been made the purchaser
shall undertake to keep the Lot in a good and marketable and readily identifiable
condition and not to sell the Lot, which remains the property of Brightwells Limited.
In the event of the sale before payment has been made in full the purchaser shall
hold the proceeds of such sale on trust for Brightwells Limited.
19. Health & Safety at Work Act 1974: Purchasers are
reminded that Lots sold at these Sales may not immediately comply with the Health
& Safety at Work Act 1974. Purchasers must comply with all Legal requirements
regarding the safe use of any Lots purchased at the Sale.
20. Trades Descriptions Act 1968: Vendors are reminded
that it is a criminal offence to falsely describe any Lots under the Terms of the
Trades Descriptions Act 1968.
21. Subject sales: At the Auctioneers discretion when
a lot has not exceeded the reserve the Auctioneer may sell a lot "Subject to the
Owner/Vendor consent". The Purchaser is then bound to stand by this bid and the
Auctioneers office will submit the bid to the Vendor as soon as is reasonably possible.
The Purchaser must stand by this bid until confirmed or until 6pm on the Day of
Sale whichever is the sooner.