V P Voyce Pullin Auctioneers, Valuers & Rural Surveyors www.voycepullin.co.uk By Instruction of Puckshipton Farms Genuine Dispersal sale of The Complete Herd of 236 COMMERCIAL HOLSTEIN FRIESIAN COWS AND YOUNGSTOCK, 3 BULLS & DAIRY EQUIPMENT on Monday, 25th June 2007 11.00 am - Dairy Equipment 11.30 am - Dairy Cattle To be held at: Puckshipton Farm Dairy, Beechingstoke, Pewsey, Wilts, SN9 6HG (In conjunction with Dreweatt Neate)
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Auctioneers, Valuers & Rural Surveyors - Voyce PullinAuctioneers, Valuers & Rural Surveyors By Instruction of Puckshipton Farms Genuine Dispersal sale of The Complete Herd of 236 COMMERCIAL
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V PVoyce PullinAuctioneers, Valuers& Rural Surveyors
www.voycepullin.co.uk
By Instruction ofPuckshipton Farms
Genuine Dispersal sale ofThe Complete Herd of
236 COMMERCIAL HOLSTEIN FRIESIANCOWS AND YOUNGSTOCK, 3 BULLS
& DAIRY EQUIPMENT
onMonday, 25th June 2007
11.00 am - Dairy Equipment11.30 am - Dairy Cattle
To be held at:Puckshipton Farm Dairy, Beechingstoke,
Pewsey, Wilts, SN9 6HG(In conjunction with Dreweatt Neate)
The complete dairy herd of 163 Commercial Holstein Friesian Cows, 22 Served Heifers, 51Maiden Heifers and Calves, 2 Pedigree Hereford and 1 Pedigree Holstein Bulls
Parlour, Bulk Tank, Feeder Wagon and Dairy Equipment
For Sale by Auction on The FarmMonday, 25th June 2007
Dairy Equipment (11.00 am)Dairy Cattle (11.30 am)
(In conjunction with Dreweatt Neate Ref: Charles Lucas, Chippenham)
The Vendor: Mr Mark Noble Tel: 01380 840235 Mob: 07946 459457
Weekly Sales of Store Cattle, Rearing Calves at Cirencester MarketInvolvement at Hereford and Andoversford MarketsOn Farm Dispersal Sales
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FOREWORDThis genuine sale has been occasioned by the partners of Puckshipton Farms to retire from Dairyfarming after 50 years of milking. The herd was started up in 1957 in Herefordshire by my latefather J Noble and the herd prefix HK 369 remained with the herd when the family boughtPuckshipton farm in 1966. The cows are predominantly home bred with some heifers bought infrom local farms. The herd were predominantly bred to British Friesian until the early 90's whenHolstein breeding was introduced with the result that there are some very robust cows with thecapabilities of high yields.
The cows are loose housed and fed a TMR ration (maize, grass and clover silage) through a mixerwagon with concentrates fed in the parlour.
A clear TB test was held in early May. All cows and in calf Heifers are vaccinated for Lepto Spirosisand have been this spring. BVD is not a problem. All young stock are Huskvacked before turnout.
I would like to thank all our staff in the preparation of the cows for this sale and their loyalty overthe years. In particular I would like to pay tribute to Mr and Mrs P Forecaste for their hard work atPuckshipton during the 70's and 80's.
Mark Noble (June 2007)On Behalf of Puckshipton Farms
ACUTIONEERS NOTEThe Puckshipton Farms herd of Dairy Cows and Followers provides an excellent opportunity forpurchasers to buy deep bodied modern Friesian Holstein cows that will provide both good milkyields and strong replacement or beef calves. The herd has been bred for milk production and frominspection look well to go away and provide a good investment for their future owners.
Jon PullinOn Behalf of Voyce Pullin
HERD HEALTH & HERD SUMMARY1. Holding Number: 45/066/00062. Herd Number: UK3233713. Herd average to end of May 07, 163 cows in milk avg 8000 litres @ 4.0% bf, 3.31% pr4. The herd is milked through a herringbone parlour.5. The herd is loose housed.6. The herd is vaccinated for leptospirosis.7. The youngstock are vaccinated with huskvac prior to turn out.8. The herd is all year round calving.9. Cepravin DC is used at drying off or Bascal on teats10. TB tested clear - 30th May 2007.11. Milk weighings shown taken 7th June 2007.12. Cell counts taken 7th June 2007.13. PD’s Taken 12/6/07
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ON FARM BIO-SECURITY MEASURESPurchasers are requested to wear clean footwear and clothes when attending the sale.All livestock vehicles should be fully cleaned and disinfected before coming to the Sale
METHOD AND ORDER OF SALEAll cattle will be sold in guineas (105 pence) and strictly in catalogue order, unless any alteration isauthorised and announced by the Auctioneers. The Dairy Equipment will be sold in pounds and incatalogue order:-
Machinery - 11.00 amDairy Cows - 11.30 am
CONDITIONS OF SALEThe sale is held subject to the Auctioneer's General terms and Conditions of Sale (printed in theback of the catalogue) and to the Auction Conditions of Sale from Holstein UK extracts of whichare printed below. The latter Conditions will be displayed in full at the Sale Premises and availableto those purchasers who require them.
VATVAT at the standard rate (currently 17.5%) will be charged on all items of deadstock unless other-wise stated.
Vendors' VAT Registration No 318/7231/61
BUYERS PREMIUMNo Buyers Premium will be charged.
CATALOGUE ENTRIESWhilst every effort has been made to ensure that the descriptions are accurate no guarantee is givenor implied. Buyers should note that lots may be withdrawn and other lots added prior to the saleday. Buyers are advised to contact the Auctioneers prior to the sale to confirm a particular lotsinclusion since neither the Vendor nor the Auctioneers will be responsible for abortive expenses inrespect of withdrawn lots.
Purchasers are reminded that all lots become their responsibility from the fall of the hammer.(See Conditions of Sale).
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COMMISSION BIDSThe Auctioneers will be pleased to execute written commission bids prior to the sale on the understanding that the Purchaser has inspected the items. Forms are available on request.
ELECTRICAL ITEMSAt the date of publication of this catalogue safety tests on electrical items by the Vendor were notcomplete. If an electricians certificate is issued it will be displayed on the item at the sale.
PAYMENT BY CHEQUEPurchasers wishing to pay by cheque who are not known to the Auctioneers are asked to makeone of the following arrangements in good time before the date of sale if their purchase is anticipated to exceed the amount shown on their cheque guarantee card:
1. Inform your Bank Manager that you will be paying by cheque at the Sale. Confirm to himthe maximum amount (including VAT) that you intend spending and instruct him to inform the Auctioneers in writing that it will be in order to accept your cheque to this amount. Confirmation may be made to us by Fax on 01454 261747.
2. Arrange to bring a guaranteed cheque with you from your bank and, once cleared, any unallocated funds will be returned to you.
We regret we are unable to accept credit cards in settlement of your purchase.
Arrangements can be made on sale day for BACS automatic bank credit transfers.
PAYMENT BY CASHDue to the requirements of the Money Laundering Regulation 2003 we regret that we are unableto accept payments for goods in cash where the total transaction (including VAT) exceeds £8,000.
SETTLEMENT AND CLEARANCE OF LIVE AND DEAD STOCKSettlement in full is due to the Auctioneers immediately at the conclusion of the sale, no animals ormachinery may leave from the Sale Premises without an official PASS obtainable only from theAuctioneers upon settlement and all stock should be cleared from the sale premises on the day ofthe sale, except where additional time to remove has been specified.
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WARRANTIES - DAIRY CATTLEUdders: Unless otherwise stated or announced, any cow in-calf or in-milk or any heifer in-milk at thetime of the sale shall carry a guarantee that she is sound in udder and teats at the time of the sale,but no claim under such a guarantee can be entertained unless made to the Auctioneers within onehour of the close of the sale of the last lot, and before the animal is removed from the sale premises.
Breeding: All cows and heifers that are stated in the catalogue to have been served not less thanten weeks before the date of the sale, or to have been running with a bull between the dates (thelatter of which is not less than ten weeks before the date of sale) will be guaranteed by the vendorto be in-calf unless otherwise announced at the time of sale, but no guarantee can be given as to thedate of calving or breed of calf. Any claim under this guarantee must be made in writing, and supported by a veterinary surgeon's certificate, to the Auctioneers within seven weeks of the dateof sale. PD's for cattle less than 10 weeks from service are shown in the catalogue for guidanceonly, and do not provide any guarantee as to confirmation of pregnancy.
VIEWINGFrom 8.00 am on the morning of sale or by prior arrangement with Mark Noble 01380 840235 or07946 456457. Further details from the Auctioneers, please contact:- Jonathan Pullin: Tel: 01454 269486/07736 800760 Chris Voyce Tel: 01291 680068/07801 801872
IMPORTANTThe Auctioneers and their clients accept no liability for any damage or injury to persons or plantand all attend the sale at their own risk.
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DIRECTIONS to Puckshipton Farm Dairy, Beechingstoke, Pewsey, Wilts, SN9 6HG
Puckshipton Farm Dairy is located off of the A342 Devizes to Andover Road 5 miles out of Devizes.
Off the A342 take the turning left by the Wiltshire Yeoman Pub signposted to All Canning, Patneyand Chirton Village. Continue for 150 years and turn right for the village of Marden and into SmallStreet. Enter and continue through the village of Marden and after passing the Mill Stream Pubcontinue for 0.6 miles and then turn right signposted to Hilcot. Puckshipton Dairy is located ¼mile along this road on the right hand side.
Voyce Pullin "To the Sale" signs will be erected on the morning of the sale from the A342.
CATERING
The Charolais Catering Company will be in attendance.
ACCOMMODATION
Please contact the Auctioneers for further details should you require overnight accommodation.
Puckshipton Farm DairyBeechingstoke
PewseyWilts
SN9 6HG
Voyce PullinFalfield Office:
Mill Lane, Falfield, South GlosLydney Office:
Tidenham Chase, High Woolaston, Lydney, Gloswww.voycepullin.co.uk
THE DAIRY EQUIPMENT (11.00 AM)All items will be lotted on the day prior to sale and purchasers requiring knowledge of a specificitems lot number should contact the Auctioneers for further details on the afternoon prior to sale.
All items are sold as seen and its it the purchasers responsibility to be fully aware of the conditionsof items prior to bidding.
• 16 x 16 Fullwood Parlour System upgraded with 16 Westfalia Metatron 12 ComputerUnits, overhead Direct to Line with Fullwood Feeders, 18 Place Rump Rail and Associated Equipment. (Please contact Auctioneers to discuss how parlour will be lotted).
• Fabdec Laser 14,400 litre Bulk Milk Tank installed November 2005 Serial Number 012400102 to be sold with the Fabdec Ice Bank, Dari-Kool 2 Stage Plate Cooler and 3 Prestcold Compressors (x2 for Tank, x1 for Plate Cooler).
• Lo-Heat DX Pac Water Heater 135680 295 Litre/65 Gallon Capacity Single Phase.
• 4 x AI Hurdles/Stalls
• Associated Dairy Sundries
• EB 10 Ton (Approx) Feed Bin c/w Auger System to Feeders
• Hi-Spec Super 14 Mix Max Diet Feeder Wagon
Please NNote: Clamped Maize Silage previously advertised is withdrawn from Sale.
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COWS AND HEIFERS IN MILK AND-OR IN CALF(All cows have run with the two Pedigree Hereford Bulls from 29.1.07 to date of sale)
LOT 1 (UK/323371/300595) (2), born 8.10.04Last Calved 13.3.07
Served (2) 8.5.07 by Hereford Bull1. 2/5 2554 83 4.17 3.07 cc25 giving 32.0kgs daily cc27Sire: Ciderhouse Foundation 0100612830Dam: (155) 324134/400211 by Ridge-Heights Morris 6502189589
LOT 2 (UK/323371/500499) (3), born 7.6.04Last Calved 23.9.06
LOT 16 (UK/323371/500394) (123), born 21.8.03Last Calved 23.9.05
P.D.PositiveHeavy IIn-CCalf
1. 2/1 8899 305 4.21 3.29 cc14511423 462
DrySire: Merit Performer 6502235524Dam: (22) UK/323371/30007 by Moet Almira Grosvenor 01005732103. 11387 305 3.58 3.32Her dam gave over 67 tonnes of milk
LOT 17 (UK/323371/100607) (126), born 26.10.04Last Calved 14.12.06
Sire: Genus Larson 712995001342Dam: (70) W8182/00005 by Kin-Vale Jo Bell Lucas 65019050175. 9503 305 4.32 3.56 7. 8662 305 4.02 3.52Yielded over 56 tonnes of milkHer dam yielded over 56 tonnes of milk
LOT 51 (UK/323371/400421) (46), born 8.10.03Last Calved 16.11.06P.D.Positive 112 wweeks
giving 41.2kgs daily cc244Sire: Ladin 601026650777Dam: (105) HK0369/05009 by Rothrock Royal Day Star 7159880056125. 5/1110265 305 3.93 3.13 6. 6/1110277 305 4.02 3.22Yielded over 65 tonnes of milk to date
LOT 55 (UK/323371/700401) (64), born 18.12.02Last Calved 13.10.06
A.I. (2) 14.1.07 by Roylane Jordan 6517064727P.D.Positive
DrySire: Kregnol Mandel S-Man 6502294088Dam: (49) HK0369/04350 by Eastland Cash 637753285142. 10271 305 4.24 3.45Her dam gave 12423kg 4.34% 6th calf and yielded over 62 tonnes of milk
LOT 82 (UK/323371/700193) (108), born 20.8.02Last Calved 28.12.06
LOT 211 OTHREE CS YODA 0100622218 (UK/363220/400326), born 15.11.03Sire: Comestar Stormatic 6406947936Dam: Failand Astre Yola 0109038669 (VG86) by Duregal Astre Starbuck1. 2/1 8497 305 3.51 3.042. 3/6 9919 263 3.13 3.10GD: Embryoworld Tabs Yola 1200098722 (VG89) by A Kingstead Valiant Tab 64003692751. 2/1 10443 284 3.14 3.17 4. 4/1111602 283 3.93 3.262. 3/0 11221 283 3.64 3.09 5. 5/1013184 305 3.43 3.223. 3/1113332 305 3.47 3.13 6. 6/9 14217 305 3.14 2.99Her dam was the 10762kg Deslacs Starbuck Yola (Ex91); gd was the 9621kg 4.6% Deslacs Sheik BarkieEx; 3d was the 9164kg 4% Du Chevrevil Bobinette Ex
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HEREFORD BBULL
LOT 212 MARTOM ANTHONY (UK/281368/400009), born 26.3.05Sire: Aultown Yardbird UK281398/600386Dam: Aultown Victoria 39th SDG/523/130 by Aultown Morland SDG M27/1261. 2/1 8497 305 3.51 3.042. 3/6 9919 263 3.13 3.10
LOT 213 MARTOM ALBERT (UK/281368/600011), born 24.4.05Sire: Aultown Yardbird UK281398/600386Dam: Marton Yetta UK281368/500003 by Ervie Express JUD/N12/127
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All Attending the Sale are deemed to have read the following conditions and accept to abideby them:
Persons attend the Auction Site and Premises at their own risk and to the extent permitted by law,neither the Seller nor the Auctioneer will be individually or collectively responsible for any loss ordamage howsoever occasioned to any person or property which may be present on the premiseswhere the Auction is held for any purpose whatsoever.
CONDITIONS OF SALEThe attention of all persons attending the Auction is drawn to these Conditions of SaleThe following Conditions of Sale ("the Conditions") together with the Notice to Buyer overleaf andthe usual Conditions of Sale on display at the Auctioneers' Office shall govern the sale of each lotat the Auction and any person making a bid which is accepted by the Auctioneers shall inconsideration of such acceptance be deemed to be bound thereby. These Conditions shall not bevaried except in writing signed by or on behalf of the Auctioneer, but if these Conditions areinconsistent with any other Conditions set out or referred to in the Auction Catalogue, the Catalogueconditions shall apply:-
1. Application of the Conditions1.1 In the Conditions the expression "the Auctioneer" means Voyce Pullin Markets Ltd of
Tidenham Chase, High Woolaston, Lydney, Gloucestershire and includes its employeesand agents and any person to whom the conduct of the Auction is delegated under Clause4.10.3 below.
1.2 These Conditions apply to every Lot offered for Sale in the Auction whether the Lot includes property fixed or not fixed to land or any other personal property.
1.3 Where a person attending has not previously accepted the Conditions or bidding at theAuction any bid for a Lot in the Auction shall be deemed to be an acceptance of the Conditions by the person bidding.
1.4 These Conditions shall be governed construed and enforced in accordance with the lawof England.
2. Bidding on Behalf of Another2.1 Unless the Auctioneer has previously acknowledged in writing that anyone bids as Agent
on behalf of a named principal, every person who bids shall be taken to bid on his own behalf as principal and shall be responsible for full payment of the item(s) in question.
2.2 If the Auctioneer has already acknowledge in writing that anyone bids as Agent on behalfof a named principal, that person warrants that they have the authority of his principal to make each bid he makes.
3. Private Sale3.1 The Auctioneer will at the commencement of the Auction identify those Lots, which are
being sold by Private Sellers not in the course of their business.
4. Conduct of Auction4.1 The Auctioneer offers each Lot as Agent of the Seller and not as principal unless
otherwise stated in the Auction catalogue.
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4.2 Any Lot may be subject to a reserve price unless otherwise indicated in the AuctionCatalogue.
4.3 The Seller or his representative or the Auctioneer on his behalf may bid up to the reserve price on any Lot unless such right is expressly excluded in the Auction Catalogue.
4.4 The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.
4.5 The Auctioneer may sell any Lot by Private Sale before or after the Auction.4.6 The Auctioneer may require any person who bids to give his name and address and proof
of identify before accepting a bid.4.7 The Auctioneer may reject any bid at his sole discretion and without being required to give
any reason.4.8 The Buyer shall be the person whom the Auctioneer shall declare has made the highest
bid before the fall of the hammer.4.9 Neither the Seller nor the Auctioneer shall be bound by any sub-sale or assignment or split
of the purchase contract and the highest bidder, and thus the buyer shall alone beresponsible for the discharge of the purchase price to the Auctioneer.
4.10 The Auctioneer may at his absolute discretion:4.10.1 Determine the dispute between bids and if he thinks fit offer the Lot again for
Auction;4.10.2 In every other respect determine or decide how the Auction is to be
conducted;4.10.3 Delegate to a person who he believes to be competent the conduct of the
Auction in accordance with these conditions.
5. Auctioneer's Right of Rescission5.1 In the following circumstances the Auctioneer has the right to rescind a contract for sale
of any Lot even if it has been paid for and release has been given to the Buyer-5.1.1 In any circumstances if any Lot is sold under its reserve price or5.1.2 If any third party subsequently proves to have a superior title or right to
custody or possession of any Lot and upon the contract being rescinded and if already paid, the return of any deposit or purchase price to the Buyer. Neither the Seller nor the Auctioneer shall be under any further liability whatsoever to the Buyer
6. After the Sale6.1 Upon the Auctioneer declaring any Lot sold, the Buyer shall immediately;-
6.1.1 Give the Auctioneer his name and address and if requested proof of identify6.1.2 Identify any person on whose behalf he has bought.6.1.3 Pay to the Auctioneer if requested a deposit of up to 25 per cent of the price.
6.2 Within the time specified in Clause 6.3 below, the Buyer shall pay the following sums to the Auctioneer in full:-6.2.1 The balance of the price of all Lots purchased together with any VAT due;6.2.2 The value as summarily determined by the Auctioneer, whose determinationshall be final and binding, of all or part of any Lot or of the premises where the Auction is held which has been damaged or destroyed by the Buyer or his principal or his agent.
6.3 The time for complying with Clause 6.2 above shall be the time specified in the Auction catalogue or if no time is specified there, 4 pm on the day of the sale. In every case time shall be of the essence.
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6.4 The Auctioneer may at any time in his sole discretion grant the Buyer an extension of timefor complying with Clause 6.2 above, in which case the Buyer shall pay to the Auctioneer in full before moving or removing the Lot, interest on any unpaid sums at a rate 4% above HSBC base rate in force from time to time.
6.5 Until the Buyer has complied with Clause4 6.2 above:-6.5.1 Title to any Lot bought shall not pass to the Buyer;6.5.2 The Lot shall be at the Buyers risk;6.5.3 The Auctioneer shall have a lien over any Lot bought by the Buyer in the
Auction;6.5.4 If the buyer affects or purports to effect a resale of any other disposition of all
or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Auctioneer and the Seller.
6.6 On written request by the Buyer the Auctioneer shall provide a VAT invoice in properform, if appropriate.
7. Removal of Lot Bought7.1 The Buyer may not remove any Lot he has bought until after the end of the Auction.7.2 The Buyer may not remove any Lot until the buyer has paid the sums specified in Clause
6.2 above in full for every Lot he has bought.7.3 After paying the sums specified in Clause 6.2 above, the Buyer must remove the Lot
bought by the time specified in the Auction catalogue, or if no time is specified there, 5.00 pm on the next working day, and in every case time shall be of the essence.
7.4 The Auctioneer may at any time in his sole discretion and on terms specified by him grant the Buyer an extension of the time specified in Clause 7.3 above.
7.5 7.5.1 The Buyer shall comply with all instructions given in respect of such removals contained or referred to in the Auction Catalogue and
7.5.2 Shall comply with all current statutory rules and regulations specifically healthand safety in carrying out such removal.
7.5.3 Shall be responsible for detaching any Lot fixed to land and must do safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without previously written permission signed by or on behalf of the Auctioneer.
7.5.4 Must use safe and lawful means to remove any Lot7.5.5 Shall indemnity the Auctioneer and the Seller against any costs damages legal
and other expenses and any claim arising from the detaching of any Lot or its removal. If required to do so the Buyer shall pay before the final removal of any Lot or Lots the estimated costs of repairing such damage to be fixed by the Seller or the Auctioneer on his behalf and whose decision shall be binding on the Buyer.
7.5.6 Shall have insurance in respect of such indemnity and shall on request produce to the Auctioneer a receipt for the last premium due or other sufficientevidence that such insurance has been effected and remains in force.
8. Health & Safety and other Requirements8.1 Neither the Auctioneer nor the Seller makes any representation or warranty that any Lot
sold satisfies any health and safety, quality or other standards imposed by statutory rules or regulations, in particular but without limit those relating to plant and machinery, motor vehicles, food, furniture, electrical equipment and firearms and it shall be the Buyer's
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obligation and responsibility to comply in all respects with such statutory rules andregulations before the Lot sold is consumed used sold supplied or otherwise disposed of to a third party.
8.2 Neither the Auctioneer nor the Seller shall be under any liability pursuant to Section 6 of the Health & Safety Act 1974 and the Buyer's attention is drawn to the undertaking given on each registration slip at the sale by which the Buyer undertakes to carry out allnecessary tests and examinations and other works to ensure that in so far as it is practical any Lot purchased will be safe and without risk to health and safety at all times when it is being set used cleaned or maintained by any person at work.
8.3 Neither the Auctioneer nor the Seller represents that any Lot sold which comprisesfurniture or furnishings within the Furniture and Furnishings (Fire & Safety) Regulations 1998 are in a condition which makes them suitable for domestic use. If such Lots are sold or supplied in due course for domestic use the Buyers shall before selling or supplying them for such use ensure that they comply with the requirements of such regulations.
8.4 The Buyer of any Lot which comprises a motor vehicle shall be responsible forcomplying with all legal requirements as to the construction and use of that vehicle and for obtaining all certificates permits or other authorisations necessary before that vehicle can be used on any road and prior to that item leaving the sale site.
8.5 Neither the Auctioneer nor the Seller warrants the accuracy of any recorded mileage on any motor vehicle, which is given for information purposes only and must not be relied upon by a Buyer indicating the actual mileage travelled by the vehicle.
8.6 The Buyer shall indemnify the Auctioneer and the Seller (as the case may be) against all costs damages legal and other expenses arising directly or indirectly from any breach by the Buyer or his obligations under the Condition 8.
9. Default by the Buyer9.1 If at any time the Buyer has failed either to pay the sums specified in Clause 6.2 above by
the expiry of the time specified in Clause 6.3 above (or any extension granted under Clause 6.4 above) or to remove any Lot by the time specified in Clause 7.3 above (or any extension granted under Clause 5.4 above) the Auctioneer may rescind the sale of that Lot, in which case any deposit shall be forfeited and that Lot may be resold by Auction or privately.
10. Liabilities and Indemnities10.1 Where the Auctioneer conducts a sale on behalf of a Seller who is an Insolvency
Practitioner acting as an Office Holder under the Insolvency Act 198610.1.1 The Seller shall only act as an Agent on behalf of the insolvent company or
individual (as the case may be) and shall be under no personal liabilitywhatsoever in respect of the contract for sale of any Lot;
10.1.2 The Seller and the Auctioneer on his behalf sell only whatever right, title or interest the insolvent company or individual may have in any Lot.
10.2 Save in respect of a Sale to which Condition 10.1 above applies, the Seller warrants to the Auctioneer and the Buyer that he is able to pass good title and if the Seller is not able to do so, the Auctioneer shall use his reasonable endeavours to assist the Buyer at the Buyer's expense in obtaining good title but the Auctioneer shall not be bound to initiate litigation and shall not be under any other obligation to the Buyer.
10.3 The Auctioneer neither has nor professes any expert or other knowledge of any Lot sold
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and all Lots are sold as seen and where lying with all faults and imperfections and errors of descriptions, measurements, weight, quantity or quality and whether material or not and, all illustrations in Catalogues are for identification only.
10.4 The Buyer shall be deemed to have inspected each Lot he has purchased and to satisfy himself prior to the Auction as to the condition of each Lot and any statement by the Auctioneer as to the Lot is as a statement of opinion only.
10.5 Neither the Seller or any Lot nor the Auctioneer, their servants or agents, makes or gives or has any person in the employment of the Auctioneer any authority to make or give any representation or warranty in relation to any Lot and any express or implied conditions or warranties as to description quality or fitness are to the extent permitted by law excluded.
10.6 No Lot is sold as comprising or including any new goods.10.7 No liability shall attach to the Auctioneer either in contract or in tort for loss, injury or
damage legal or other expenses sustained by the buyer or anyone who attends at the sale by reason of:10.7.1 Any defect in any Lot sold, whether or not such defect be latent or apparent on
inspection.10.7.2 Any use or misuse of any of the plant or machinery or equipment present on
the premises where the Auction is held, including without limitation, forklifts travelling gantry cranes and other cranage;
10.7.3 Any alleged failure of the Auctioneer to properly advertise the Auction or obtain expert advice with regard to any Lot offered for sale or its reserved price.
10.7.4 Any act or omission of the Auctioneer in the conduct of the Auction or after the Auction
10.8 In no circumstances shall the Auctioneer be liable to any person for any consequential loss or damage.
10.9 Each of the conditions 10.1 to 10.9 shall be severable and take effect as separateconditions.
11. Waiver11.1 No indulgence shown by the Auctioneer shall prevent the Auctioneer or the Seller subse
quently insisting upon their respective rights and remedies under these Conditions.
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GENERAL CONDITIONS OF SALE1.1 All Livestock is sold subject to these conditions (“the Conditions”), the Association of Livestock Auctioneers
Conditions of Sale (1998) edition (“the LAA Conditions”) and, in case of any pedigree livestock, any special conditions expressly applicable (“the Special Conditions”) (all together “the Composite Conditions”).
1.2 If there is any conflict or inconsistency between the elements comprising the Composite Conditions the order of precedence shall be first, the Special Conditions, secondly, the Conditions and thirdly, the LAA Conditions.
1.3 Every Vendor, Bidder and Purchaser shall be deemed to have full knowledge of the Composite Conditions and to agree to be bound by them.
1.4 A copy of the LAA Conditions and any Special Conditions is available for inspection on request.2. All lots are accepted for sale on the terms that the Vendor warrants his right to sell the same and undertakes to
indemnify the Auctioneers against all actions, proceedings, claims, demands, costs, charges and expenses to which they may be exposed or which they may incur by reason of any defect in the Vendor’s title.
3. The Auctioneers act in all respects only as agents for the Vendor and it shall he deemed that no condition or warranty expressed or implied has in any circumstance been given by the Auctioneers or any servant of the Auctioneers, whether as to title, description, the quality of any lot sold or otherwise. The Auctioneers and their servants shall not incur any liability to the Purchaser in respect of any defect of title, error of description or imperfection or in respect of any announcement or statement relating to or affecting 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 Purchaser and Vendor.
4. The Auctioneers reserve the right to refuse to accept bids from a Vendor and they reserve on behalf of themselves and of the Vendor(s) the following rights:(a) to fix a reserve price;(b) to bid on behalf of a Vendor;(c) to re-arrange, consolidate or withdraw any lots or vary the order of sale; and(d) without giving any reason therefore, to refuse to accept the bids of any person.
5. The person making the highest accepted bid shall be the Purchaser.6. No bid shall be retracted.7. If a dispute arises as to any bidding, then at the discretion of the Auctioneers, either:
(a) the lot to which the disputed bid relates 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.
8. The Purchaser shall, when requested, give his name and address to the Auctioneers and unless otherwise agreed by the Auctioneers the Purchaser shall pay for the lot(s) he has purchased ON THE DAY OF SALE. All lots are soldon condition that the ownership of the same shall remain with the Vendor and no property in the lots whether legal or equitable shall pass to the Purchaser and no lot(s) shall be removed from the sale premises unless or until:(a) payment in full has been made in cash, or by bankers draft, or by a cheque not exceeding the amount stated
on an accompanying valid cheque guarantee card;(b) the Purchaser has obtained a pass-out slip from the Auctioneer’s clerk.
9. Notwithstanding Conditions 8 and 10 each lot shall be at the absolute risk and expense of its respective Purchaser at the fall of the hammer and subject to Conditions 8 and 10 shall be removed from the sale premises at the Purchaser’s expense within the time stated by the Auctioneers at the commencement of the sale.
10. If, not withstanding Condition 8 above, the Auctioneer permits the Purchaser to remove his lot from the sale premises prior to payment in full having been received then:(a) ownership of the same shall remain with the Vendor and no property in the lot whether legal or equitable
shall pass from the Vendor to the Purchaser until payment of the full price has been received in cleared funds by the Auctioneer or the Vendor (as the case may be). Payment shall, unless otherwise agreed, be made to the Auctioneers;
(b) the Purchaser undertakes to house the lot on his premises separately from his own and those of any other person and in such manner as makes it readily identifiable as the Vendors;
(c) the Purchaser’s right to possession of the lot shall automatically cease immediately prior to his doing anything or failing to do anything which would entitle a Receiver to take possession of the lot(s) or which would entitle any person to present a petition for the winding up of the Purchaser;
(d) the Vendor or the Auctioneers may for the purpose of examination or recovery of any lot remaining unpaid enter upon any premises, where it is housed or where it is reasonably thought to be housed;
(e) if the Purchaser shall sell on the lot, then such part of the proceeds of such resale as equates to the full price of the lot remaining unpaid shall be held by the Purchaser in a separate bank account as trustee thereof on the Vendor’s behalf.
11. Without prejudice to any other right or remedy of the Vendor or the Auctioneers, if the Purchaser shall be in breach of any other Composite Conditions, the Vendor or the Auctioneers shall have power to resell the lot(s) purchased by the Purchaser retaining any surplus and charging any deficiency or expense to the Purchaser.
12. Neither the Vendor nor the Auctioneers will be responsible for any accidents or injury, not arising out of their negligence, which happens to person or any property while on the sale premises.