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    • RAM AUCTIONS, DIVISION OF RAM TUBULARS SCOTLAND LIMITED STARDARD TERMS & CONDITIONS

       

      These Conditions shall apply to any contract for auction sales of tubulars and equipment conducted by RAM Auctions (a division RAM

      Tubulars Scotland Limited, a company incorporated under the Companies Acts, Company Registration Number SC156196) and every

      seller, bidder and purchaser by taking part in the sale acknowledges to have received and accepted these Conditions and to be bound by

      them.

       

      1. In these Conditions the term "auctioneers" means RAM Auctions; the term "sale premises" means the land/or buildings used by the

      auctioneers to conduct the sale.

      2. The auctioneers act in all respects only as agents for the seller and no condition/warranty is given by the auctioneers or their

      employees, and none shall be implied, as to title, description or the quality of any lot sold. Neither the auctioneers nor their

      employees shall be liable to the purchaser in any respect for any: defect of title, error of description, imperfection, announcement/

      statement concerning any lot offered for sale whether made orally or in writing and whether given before, during or after the auction,

      nor shall they incur any liability in relation to any dispute between any seller and purchaser.

      3. The auctioneers shall not be liable in any way for any accident which happens to any person, or for any loss of, or damage or

      injury to, any goods while on the sale premises or in the auctioneers' custody or under their control unless same arises out

      of the auctioneers' or their employees' negligence.

      4. Time shall be of the essence of all Conditions which contain time limits.

      5. If any goods entered for sale are specifically advertised by the auctioneers and the seller entering those goods fails to produce

      them for sale on the relevant day, the auctioneers may charge them a fair and reasonable proportion of the expenses incurred.

      6. All lots are accepted for sale by the auctioneers on condition that the seller warrants their right to sell the same. The seller shall

      indemnify the auctioneers and the purchaser against all actions, proceedings, claims, demands, costs, charges and expenses which

      the auctioneers may sustain or incur by reason of any defect in the seller's title.

      7. Except as expressly provided in these Conditions or as stated in the sale catalogue or at the time of sale there shall be no

      condition/warranty, otherwise than as to title, in regard to any lots sold and the purchaser shall take delivery of each lot with all its

      faults, imperfections and errors of description.

      a) Equipment may not immediately comply with the provisionsof the Health and Safety at Work Acts. The purchaser shall

      undertake to comply with such Acts and Regulations. 

      b) The sellers must comply with the Trade Descriptions Act and be capable of substantiating all claims, descriptions, quality,

      manufacture, composition, etc of their lots.

      c) An item described as being in working, running order or condition shall have no defect which renders it incapable of

      the reasonable work for which it is intended and must be capable of performing such work.

      d) An item described as being in good working, running order or condition shall be mechanically sound and capable of

      performing the work for which it is intended.

      e) No item shall be returnable for any description or warranty other than that, affecting its working, running or mechanical

      condition.

      f) Where an item is described as straight from work, recently overhauled/etc or similar description, this shall be deemed a

      warranty and the item most be capable of performing the work for which it is intended.

      8. If a seller who has brought on to the sale premises a lot for sale or a lot is listed online, sells that lot privately, either before it is

      offered for sale at auction or, if it fails to sell at auction, afterwards, these Conditions shall so far as applicably govern that private sale.

      In the case of a private sale either the seller or the purchaser shall book the transaction with the auctioneers and the purchase

      money shall be payable to the auctioneers in full and the auctioneers may charge the commission which would have been

      payable if the lot had been sold at auction for the price obtained on the private sale, and if they exercise that right the auctioneers

      may deduct the commission from the purchase money before accounting to the seller. If the seller fails to comply with these

      provisions, they shall be liable to pay the auctioneers' commission.

      9. All entries for inclusion in a sale catalogue will be as directed by and at the discretion of the auctioneers. The order of sale will be

      determined by the auctioneers.

      10. Each lot shall be entered for sale in its owner's name, regardless of if agent selling on behalf, if so required by the auctioneers, be

      bound to disclose the name and address of their principal and in such a case both the principal and the agent shall be jointly and

      severally liable under the contract and any steps authorised by these Conditions or by the general law may be taken against either

      or both of them. However, the owner’s name doesn’t have to be listed online with the sales catalogue.

      11. Any individual intending to bid for any goods as an agent shall so inform the auctioneers before the sale of such goods begins and

      shall, if required by the auctioneers, disclose the name and address of their principal. Where a person whose bid is accepted

      is acting as an agent, whether or not he has disclosed that fact, they and their principal shall be deemed to be and shall remain

      jointly and severally liable on the contract and any steps or proceedings authorised by these Conditions or the general law

      may be taken or commenced against either or both of them and no steps taken or proceedings commenced against the principal or

      the agent shall be deemed to operate as an election discharging the other from liability unless such steps or proceedings result in a

      final satisfied judgement. If before the commencement of the sale the individual acting as an agent informs the auctioneers that they

      intend to act as a principal they will be deemed to be solely liable on the contract.

      12. The auctioneers reserve to themselves full power to exclude/remove any individual from the sale or sale premises.

      13. The auctioneers reserve on behalf of themselves and the seller the following rights:

      a) to fix a reserve price;

      b) to bid on behalf of the seller;

      c) to rearrange, consolidate or withdraw any lots or to vary the order of the sale;

      d) without giving any reason, to refuse to accept bids of any person.

      A seller who wishes to fix a reserve price on any lot owned by them shall so notify the auctioneers in writing before the sale of that lot

      begins, failing which the auctioneers may sell the lot to the highest bidder. The auctioneers may refuse to accept bids from a seller for

      a lot owned by them and a seller shall not bid for a lot owned by them by any agent other than the auctioneers. No person may

      advance on the previous bid less than the sum named from time to time by the auctioneers. No bid may be retracted. If a dispute

      arises as to any bidding, then, at the sole discretion of the auctioneers, either:

      a) the relevant lot shall immediately be put up again; or

      b) the auctioneers shall determine the dispute, and their decision shall be final and binding on all parties.

      14. A sale by auction is complete when the auctioneers announce its completion by the fall of the hammer or in other customary

      manner.

      15. All purchasers are pre-approved; this requires the provision of their name, company and company details to the auctioneers

      when registering.

      16. The purchaser shall pay the purchase value in pounds sterling plus VAT or agreed currencies for each lot to the auctioneers as soon

      after the fall of the hammer as the auctioneers may require. Any time allowed for payment in respect of any purchase shall not be

      construed as a waiver of the right to require earlier payment on any subsequent purchase. The purchaser shall not make any setoff

      or any other plea for non-payment of the purchase money and shall be liable to the auctioneers for any unpaid purchase money

      whether or not the lot bought has been collected or delivered.

      17. The purchaser shall remove their lots at their own expense within such reasonable time after the end of the day's sale or as pre-agreed,

      as the auctioneers may direct but only after the auctioneers have issued a written pass.

      18. Even though risk in any goods in any lot may have passed to the purchaser, title to the goods in any lot will remain with the seller

      until the purchaser has paid the purchase money for that lot in full and, in the case of uncleared funds, the sum has cleared in the

      auctioneers' bank account. Until title has passed to the purchaser under this condition the seller may recover possession of the

      goods from the purchaser and the seller or the auctioneers may enter upon the purchaser's premises (or such other premises

      where the goods are held) in order to do so.

      19. If the auctioneers account to the seller for the purchase money for a lot (less applicable charges) before the purchaser has made

      payment in full to the auctioneers then the auctioneers shall be entitled to any rights in the goods in that lot which the seller may

      have under the preceding condition.

      Under any of these Conditions, the auctioneers may either:

      a) hold the goods as their own absolute and exclusive property and dispose of and deal with the same as and when they think

      fit; or 

      b) immediately resell such goods by public sale or private bargain and hold the purchaser responsible for any loss on such resale,

      including all expenses incurred thereby.

      20. Notwithstanding the foregoing Condition, however, the auctioneers shall in the event of a purchaser failing to take delivery

      and pay the price of any goods sold be entitled, in their discretion, to return such goods to the seller who shall in that event be

      entitled to proceed against the purchaser for implement of the contract of sale or for recovery of all loss, damage and expenses

      incurred by the seller in consequence for the purchaser's failure to implement the contract of sale.

      The auctioneers shall also be entitled, but not bound, to retain in their own hands for such time as they in their sole discretion shall

      deem necessary, the price of any goods sold, and that without being in any way personally liable to either the seller or purchaser

      of such goods. No interest shall be payable by the auctioneers on the price of any goods so retained.

      21. The auctioneers shall have power in all cases when goods are uncollected, returned to their custody or re-taken possession of

      under Condition 20 hereof or otherwise retained by them, to sell the same by auction after three days' notice to the seller and the

      purchaser who shall be liable, jointly and severally to the auctioneers in all loss incurred on such resale including the keep

      of such goods pending such resale, the whole expenses connected with the resale, and all interest accrued under these Conditions.

      22. All goods are at the risk of the seller before sale and the risk of the purchaser after sale. The auctioneers shall have no

      liability/obligation for the safe custody of any lot after the sale. No undertaking of the auctioneers to take charge of any goods before,

      after sale or to forward them to their destination/elsewhere shall be held to impose upon the auctioneers any legal obligations or to

      vitiate the foregoing.

      23. If the auctioneers receive a complaint in writing within 3 working days of the date of the sale the net proceeds of the sale shall be

      held by the auctioneers and they shall be under no obligation to account to the seller until they are satisfied that such dispute has

      been settled.

      No lot shall be subject to the complaint procedure unless paid for on the day of the sale and any such payment subsequently

      stopped or dishonoured shall not constitute payment.

      The auctioneers shall have the right to appoint a person to act as arbitrator subject to the Arbitration Acts as modified by these

      Conditions of Sale. The arbitrator's decision shall be final and binding on all parties.

      24. The seller shall be entitled to receive the purchase price of any lot(s) sold on the tenth day after the sale, unless different payment

      terms agreed and within seven days of the auctioneer receiving payment from the purchaser; and:

      i) the complaints procedure has not been invoked by or on behalf of the purchaser;

      ii) in the event of any acknowledged debt of the seller being owed to the auctioneers the latter shall have the right to set

      off such debt against the proceeds of sale;

      25. If a purchaser fails to perform any of the obligation’s incumbent on the purchaser in terms of these Conditions and, in particular, fails

      to make payment of the price as soon as required by the auctioneers then the auctioneers may cause the lot in respect of

      which the failure is made to be resold by public or private sale without warranty or reserve and without notice to the purchaser.

      If on such resale a lower price is obtained for the lot than was obtained on the first sale the purchaser shall be liable for the

      difference in price together with all associated resale costs and expenses.

      26. The expenses of keep and the treatment of goods left with, returned to, retained by the auctioneers, or detained upon the

      sale premises by or in consequence of the order of any public, local or other authority shall, with all interest due thereon form a first

      charge on the sale or removal of such goods.

      27. The auctioneers shall have the right of general retention or lien over all goods and monies of any seller or purchaser coming into

      their possession for any debt or liability (howsoever arising) of such seller or purchaser and shall be entitled without any process

      of law to sell the same by auction after three days' notice to such seller or purchaser and to apply the net sale proceeds of such sale

      in satisfaction to such an extent of said debt/liability.

      28. The auctioneers shall have full right to sue at their own instance, without consent of the owner, for the price and keep and any

      other expenses incurred by them in connection with any goods and no defence whatever in such action shall be competent to the

      purchaser who shall have recourse only against the owner or seller of the goods.

      29. This contract and the conditions shall be governed by and construed in accordance with Scots Law and the parties hereto

      irrevocably submit to the exclusive jurisdiction of the Scottish Courts in respect of any dispute or matter arising out of or

      connected with the contract and the conditions.

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