The Terms and Conditions detailed apply to all items sold by DDRC Limited and its
subsidiaries, whether by Private Treaty, Public Auction, Public Tender or Online
Auction.
1.0 All items sold by DDRC Limited, hereafter referred to as the “Company”, including
its employees at the time of the sale, agents and any other parties nominated by
the “Company” are sold subject to these conditions of sale and any further special
conditions of sale as set by the “Company”, its website or its employees.
2.0 Parties attending at the premises, or such other place where goods are stored,
do so at their own risk and neither the Property Owner or DDRC Limited will be liable
for any loss or damage of property or death or personal injury to any party.
3.0 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 “Company” should be notified
in writing by the named Principal expressing authority for another to purchase on
their behalf. Following notification, the “Company” will consider the request and
confirm their decision in writing. Under no circumstances should any buyer or customer
of the “Company” act on another’s behalf without this written consent.
4.0 Description / Condition of Goods The “Company” will endeavor to present its
customers with full details and history of items being sold, where possible. Unless
otherwise stated, no items are sold as new and all goods are sold as seen without
any warranty and with all faults and imperfections. The “Company” shall highlight
to its customers, prior to the final sale of items, any known faults or imperfections,
although will not accept liability where such faults or imperfections have not been
stated or made known by the “Company”. Neither the “Company” nor its agents shall
be liable for any loss or damage suffered by the buyer. Prospective purchasers are
therefore strongly advised to inspect items prior to purchasing to satisfy themselves.
The “Company” cannot be held responsible for any descriptive errors or authenticity
of items.
4.1 All statements contained in a sales correspondence or the “Company” websites
are made without responsibility on the part of the “Company”. 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.
4.2 The “Company” 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 the “Company”, 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.
4.3 All illustrations, photographs, pictures or images contained with any sales
correspondence or “Company” websites or elsewhere regarding an item are for identification
purposes only. They may not be an accurate reproduction of the item.
4.4 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.
4.5 Neither the “Company” nor its agents 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.
4.6 No items (unless otherwise specified) are supplied as new as regards the Consumer
Protection Act 1987 or any other product liability law. 4.7 Neither the “Company”
nor its agents represent items sold as being in a condition that makes them suitable
for immediate re use. Should Buyers intend to supply any item for commercial or
domestic use, they should ensure that the Goods comply with the requirements all
UK regulations. The “Company” will not be held liable or responsible for items,
regardless of the final intended use or destination of such items. This caveat includes
the supply of medical, IT, Telecoms and any other equipment, complete or parts.
5.0 Sales All items sold by the “Company” will be invoiced in UK Pounds (£, Sterling)
unless otherwise stated. Final sale prices do not include VAT (at 17.5%) and shipping
(final cost dependant on shipping destination and weight and size of items). Where
customers from outside the UK would like to collect items or arrange for a courier
to collect on their behalf, evidence must be provided that sold items will be exported
for tax purposes. If evidence cannot be provided the “Company” retains the right
to charge 17.5% VAT.
5.1 The “Company” does not sell items for evaluation purposes. Under certain conditions,
the “Company” will accept a return on a product (although in no cases after 30 days
from the date of invoice), but will only refund a portion of the price you paid
for it. This is commonly called referred to as a restocking fee and in all cases
will be a minimum 25% of the initial invoice price (unless otherwise stated). Restocking
/ return of items are only accepted by the “Company” if they are returned with a
valid RMA number (supplied by the “Company”).
5.2 Title to the goods will not pass until all invoices relating to that sale are
paid in full.
6.0 Payment All items must be paid for in accordance with the payment terms stated
in the request for payment / invoice.
6.1 Should an account not be settled within the specified time scale, then the “Company”
reserves the right to resell or dispose of the items without incurring any liability
to the buyer or without prejudice to any claims of the “Company” or its agents against
the buyer, for breach of contract. The buyer also forfeits any deposit paid to the
“Company”. The “Company” also reserves the right to charge interest on outstanding
accounts at 4% above the UK (Bank of England) base rate.
6.2 All purchases and prices are exclusive of VAT, and the Buyer must pay VAT. VAT
will be charged, at the going rate, on all export purchases until the “Company”
receives satisfactory proof of export.
6.3 Full payment is not deemed to have been made until the payment clears into the
“Company”, or any other specified bank account.
7.0 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.
7.1 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 “Company” or its agents move the goods on or from the premises. In no circumstances
will the “Company” or its agents 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.
8.0 Site Clearance / Removal of Goods Removal of items from the “Company” site shall
be the responsibility of the Buyer, (unless arrangements have been made with the
“Company” to organize dispatch). Items shall only be removed on or after the date
the invoice has been paid in full (does not apply to customers with credit accounts
with the “Company”).
8.1 The Buyer will be responsible for obtaining at its own expense, all necessary
labour and plant for the removal of the Goods where applicable. Where the “Company”
gives assistance to the Buyer in connection with such removal, such assistance is
given entirely at the Buyer's risk.
8.2 The Buyer will indemnify and keep indemnified the “Company” and its agents 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 or subsequent re use of the Goods.
8.3 Although the “Company” or its agents may package items on its customer’s behalf
for dispatch or storage, (costs may be applied for this service), the “Company”
cannot be held liable for items that have been insufficiently wrapped or protected
and specifically any damage caused to said items whilst in transport. We advise
that all Buyers check they have adequate insurance cover on all items prior to shipping/dispatch.
8.4 All items must be removed from site in accordance with the terms stated in the
invoice. Should items not be removed within the specified time scale, then the “Company”
reserves the right to resell or dispose of the items without incurring any liability
to the buyer or without prejudice to any claims of the “Company” or its agents against
the buyer for breach of contract. The buyer also forfeits any deposit paid to the
“Company”. The “Company” also reserves the right to charge the buyer rent and costs
incurred due to non-removal of items.
8.5 The Buyer will be responsible for all damage caused to the building, plant and
machinery or other items, be it caused by the Buyer or any appointed contractor.
8.6 The Buyer will be liable for all liabilities, losses, damages, costs and expenses
whatsoever suffered by the “Company” or its agents 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 “Company” 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 “Company” shall be under no obligation to make any refund to the Buyer for any
such items.
8.7 If the “Company” reasonably considers 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 “Company” for the costs of reinstating the
site. If the Buyer refuses to deposit such money the “Company” 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.
8.8 If the Buyer fails for whatever reason to either pay for or remove the items
purchased on or before the date specified, the “Company” 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: • Any sums paid by the
Buyer towards the purchase price will be forfeited to the “Company”. • The “Company”
will be entitled to resell the Goods publicly or privately but the “Company” 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.
9.0 Health & Safety All items 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 “Company” expresses in writing that he is satisfied the
equipment complies with current Health and Safety standards. Neither the “Company”
nor its agents are liable for injury / accident sustained by any person(s) at the
premises for whatever purpose.
9.1 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 “Company”.
In addition a copy of the Buyer’s or the Buyer’s contractors insurance will be required.
9.2 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 “Company” nor its agents cannot be held responsible for person(s) coming
into contact with hazardous substances and chemicals.
9.3 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.
10.0 Neither the “Company” or its agents 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.
11.0 Where the Buyer is more than one person, the duties and obligations of the
Buyer will be joint and several.
12.0 The Buyer will not be entitled to offset any sum due to the “Company” under
the Contract against any sums due from or liability of the “Company” to the Buyer
in respect of dealings between the “Company” and the Buyer prior to the date of
the Contract.
13.0 The parties intend that “Company” and the relevant Buyer, together with its
agents (or receiver, administrator and liquidator) may enforce their rights under
these Conditions of Sale, pursuant to the Contracts (Rights of Third Parties) Act
1999.
14.0 No software or data, business records, plans, drawings, patents, tools or any
other intellectual property is included with any item unless stated in the item
description.
15.0 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.