ALL LOT ARE SUBJECT TO BUYERS PREMIUM AND VAT. THE BUYERS PREMIUM IS 16% AND THIS WILL BE ADDED TO THE WINNING BID PRICE.  VAT AT 20% WILL ALSO BE ADDED TO THE WINNING BID PRICE AND THE BUYERS PREMIUM.

 

The following terms and conditions ("Terms") are the terms on which Hilco Industrial Limited (a limited liability company incorporated under the laws of England and Wales with company number: 06088178 and whose registered office is at 3 St. Helen’s Place, Bishopsgate, London EC3A 6AB) and/or Hilco Appraisal Limited (a limited liability company incorporated under the laws of England and Wales with company number: 04703331and whose registered office is at 3 St. Helen’s Place, Bishopsgate, London EC3A 6AB), being the relevant party to be identified on the relevant invoice or Auction (defined below) sale notification as the case may be (“HILCO”), facilitates the sale of Goods (defined below) on behalf of a Vendor (defined below) at Auctions (defined below) or by means of Private Treaty Sales (defined below), and supersedes all other terms and conditions relating to the subject matter of these Terms. These Terms are the terms subject to which HILCO shall, either on its own behalf or as agent for the Vendor, sell Goods to a Buyer (defined below) by way of Auction or Private Treaty Sale.

 

EACH BIDDER'S AND THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSES 8, 9, 10 and 11 AND EACH BIDDER'S AND THE BUYER'S SHOULD NOTE THAT:

 

• ALL GOODS ARE SOLD ‘AS IS' AND 'WHERE IS’, WITH ALL FAULTS, IMPERFECTIONS AND DEFECTS

• NO GUARANTEES AND/OR WARRANTIES ARE PROVIDED BY HILCO, OR, AS THE CASE MAY BE, THE VENDOR, IN RESPECT OF ANY GOODS

• IT IS EACH BIDDER’S AND THE BUYER’S RESPONSIBILITY TO CONSIDER ANY LISTING CAREFULLY AND INSPECT GOODS PRIOR TO PLACING A BID ON SUCH GOODS OR MAKING AN OFFER IN RESPECT OF SUCH GOODS

• ALL SALES ARE FINAL – NO EXCEPTIONS

• SALES MAY BE SUBJECT TO A BUYER’S PREMIUM (DEFINED IN THE SPECIFIC SALE TERMS, IF APPLICABLE, REFERENCED IN THE RELEVANT LISTING OR AS OTHERWISE NOTIFIED BY HILCO FROM TIME TO TIME), WHICH SHALL BE PAYABLE BY THE BUYER, THE RATE OF WHICH MAY VARY FROM SALE TO SALE.

 

1. DEFINITIONS AND INTERPRETATION

 

1. The following words and phrases used in these Terms shall have the following meanings, except where the context clearly requires otherwise:

 

1. “Advertising Material” means brochures, pamphlets, advertisements and any other marketing material (in both electronic and printed format) used by HILCO to market and promote the Auctions and/or any Private Treaty Sale;

 

1. 2. "Auction" means a public sale or online sale facilitated by HILCO as auctioneer at which Goods are offered for sale by the Vendor, each such item of Goods being sold to one of the competing bidders;

 

1. 3. "Buyer" means any person, firm or auctioneer who agrees to purchase the Goods by participating in an Auction and placing a winning bid or who makes an offer which is accepted by the Vendor via HILCO in respect of a Private Treaty Sale;

 

1. 4. "Buyer’s Premium" means a percentage of the Hammer Price (specified in the Sale Specific Terms, referenced in the relevant listing and/or as otherwise notified by HILCO from time to time) which is added to the Hammer Price to make up the Purchase Price payable by the relevant Buyer;

 

1. 5. "Catalogue" means any online or printed materials containing a description of the Goods to be sold at an Auction or by way of a Private Treaty Sale;

 

1. 6. "EU" means the European Union;

 

1. 7. "Force Majeure Event" means any event beyond a Party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable and which affects the performance by a Party of its obligations under these Terms, including without limitation, strikes, lock-outs or other industrial disputes (excluding such party's own workforce), failure of energy sources or transport network, acts of God, international disputes, war, export or import limitations or embargos, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors;

 

1. 8. "Goods" means the assets in respect of which potential Buyers are invited to submit offers by means of placing bids at an Auction or in respect of a Private Treaty Sale;

 

1. 9. "Hammer Price" means the amount of a valid bid offered by the Buyer and accepted at Auction in respect of the relevant Goods;

 

1. 10. "Parties" means HILCO and the Buyer collectively and "Party" shall mean any one of them as determined by the context;

 

1. 11. "Personal Data" means any personal information (such as name, address, telephone number, credit card details and copies of documents such as a driving license used for identification purposes) any person Registering for an Auction (including a potential bidder or Buyer) provides when submitting a Registration Form to HILCO;

 

1. 12. "Privacy Policy" means HILCO’S privacy policy accessible via the link on HILCO’S Website(s) and which forms part of these Terms;

 

1. 13. "Private Treaty Sale" means a sale (not by way of an Auction) of Goods by HILCO where HILCO prepares descriptive details of the Goods for sale and invites offers which HILCO may accept or reject;

 

1. 14. "Proxy Bid" means a bid submitted by an employee of HILCO on a Buyer’s behalf and with the Buyer’s authority in circumstances where a Buyer is unable to participate in an Auction;

 

1. 15. "Purchase Price" means the amount payable by the Buyer to HILCO in respect of the sale and purchase of the Goods and shall consist of, in respect of sale at Auction, the Hammer Price plus the Buyer’s Premium and, in respect of a Private Treaty Sale, the price agreed between HILCO and the relevant Buyer;

 

1. 16. "Registration Form" means the printed or online form which the potential bidder or Buyer completes when registering for an Auction and “Registration”, “Register” and "Registering" shall be construed accordingly;

 

1. 17. "Sale Specific Terms" means any terms published by HILCO on any of the Websites in respect of the sale of Goods and, in respect of a sale by Auction, any terms made available at or in relation to any Auction and which relate to the specific Auction mentioned in such terms and/or any other terms communicated to potential bidders and/or potential Buyers by or on behalf of the Vendor from time to time, which shall be incorporated into these Terms by reference;

 

1. 18. "Third Party" means any person or entity other than the Parties;

 

1. 19. "VAT" means value added tax or the equivalent or similar sales taxes applicable in the country where the Auction and/or Private Treaty Sale takes place;

 

1. 20. "Vendor" means, the vendor of the Goods, where HILCO sells the Goods as agent on the vendor's behalf, or HILCO if it sells the Goods for its own account; and

 

1. 21. "Website(s)" means HILCO’S website located http://pages.hilcoind.com/FarewellBoleyn and any other websites used by HILCO for purposes of Auctions or in respect of a Private Treaty Sale.

 

1. 2. The headings used in these Terms have been inserted for convenience only and shall not affect its construction or interpretation.

 

1. 3. Words importing the singular include the plural and vice versa.

 

1. 4. Words importing a gender shall include all genders.

 

1. 5. Reference to any statute, statutory provision or statutory instrument includes a reference to that statute, statutory provision or statutory instrument together with all rules and regulations made under them as from time to time amended, consolidated or re-enacted.

 

1. 6. In the event of a conflict between the provisions of these Terms and the Sale Specific Terms, the Sale Specific Terms shall take precedence.

 

2. APPLICABILITY OF THESE TERMS

 

These Terms as well as the “Sale specific Terms” apply to all Auctions and Private Treaty Sales facilitated and/or conducted by HILCO.

 

3. STATEMENTS RELATING TO THE GOODS

 

1. All statements relating to the Goods put up for auction at an Auction or offered for sale by means of a Private Treaty Sale contained on the Websites, in any Catalogue or in any Advertising Material (such as statements relating to description, quality and condition) are qualified statements of opinions and should not be relied upon or construed as being representations or warranties.

 

1. 2. It is the Buyer’s responsibility to inspect the Goods and to satisfy itself on all matters affecting the Goods, including the condition and description of the Goods, its fitness and suitability for any particular purpose prior to bidding on such Goods at an Auction or making an offer in respect of a Private Treaty Sale.

 

4. AUTHORITY

 

1. Each person completing a Registration Form and participating in an Auction warrants and represents that they have authority to register for and to participate in an Auction, bid and enter into a binding contract to purchase Goods.

 

1. 2. Where a person completes a Registration Form and/or participates on an Auction on behalf of another person ("represented person") such person warrants and represents that they have the necessary authority to bind that represented person to these Terms and any contract for the sale of Goods and in the circumstances, a reference to a person completing a Registration Form, a bidder or a Buyer under these Terms, including any warranties, representations, statements, promises, acts or omissions of such person, bidder or Buyer, are deemed to apply equally to such represented person who shall be and shall remain responsible and liable for the same as obligor under these Terms.

 

5. RISK AND TITLE

 

1. The risk in and to Goods bought by the Buyer at an Auction shall pass to the Buyer on the ‘fall of the hammer’ and, accordingly, the Buyer shall assume all risks in and relating to the Goods included in the relevant lot(s), but the legal and beneficial title in and to such Goods shall remain with the Vendor or HILCO, as the case may be, until the Buyer’s payment of the Purchase Price (together with any VAT and any other applicable tax) in accordance with clause 7 has been received by HILCO, or its nominated payee, in cleared funds. The Buyer is advised to put in place in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of HILCO and/or the Vendor to make Goods comprising a lot available shall be deemed performed upon Announcement of Sale even if such Goods are subsequently damaged and/or part thereof has been lost.

 

1. 2. The risk in and to Goods bought by the Buyer by means of a Private Treaty Sale shall pass to the Buyer on the date on which the Private Treaty Sale is agreed between HILCO and the Buyer, but the legal and beneficial title in and to such Goods shall remain with HILCO (or as the case may be, the Vendor) until the Buyer’s payment of the Purchase Price (together with any VAT and any other applicable tax) in accordance with clause 7 and has been received by HILCO in cleared funds.

 

6. PROXY BIDS

 

HILCO may place Proxy Bids on behalf of a Buyer or potential Buyer at any Auction at the Buyer’s election and with HILCO’s specific agreement.

 

7. PURCHASE PRICE, PAYMENT TERMS AND VAT (AND OTHER TAXES)

 

1. The Purchase Price shall consist of the Hammer Price plus the Buyer’s Premium (if applicable), or, in the event of Private Treaty Sales, the Purchase Price shall be the price agreed between HILCO and the relevant Buyer in respect of such Private Treaty Sale.

 

1. 2. HILCO may levy a Buyer’s Premium on all sales at Auction and the rate of such Buyer’s Premium may vary from sale to sale.

 

1. 3. The Purchase Price does not include VAT and other taxes (if any). Any VAT (or other taxes if any) relating to a sale shall be payable at the current rate(s) applicable in the country of supply and at the rate in force at the time of supply where the sale takes place. In respect of VAT and any other taxes (if any) the following shall apply (please see important information below for intra EU dispatches and exports purchasers where the Goods in question is removed from the EU)

 

1. Buyers located in the country of supply and where the Goods remains in that country will be charged VAT and other taxes (if any) on the Purchase Price, and for sales at auctions local VAT (and other taxes if any) will be levied on the Hammer Price and Buyer's Premium.

 

1. 2. Buyers located in another country other than the country of sale but located within the EU must complete documentation or be able to support that there is an intra-EU dispatch and if necessary complete an intra-EU form. A deposit equal to the amount of the VAT payable in the country of supply will be taken from the Buyer and held by HILCO until satisfactory proof of intra-EU dispatch is received by HILCO. Where a Buyer removes the Goods from the country of supply to another EU state then proof of removal will include full shipping documents, proof of transport certification, or any other shipping documentation required by the EU Member State of dispatch to satisfy the intra-EU supply rules for goods including the evidence of a VAT ID number in another EU state to that of the country of supply. This documentation must be received by HILCO within three (3) months from the date of the supply.

 

1. 3. Buyers who are established outside the EU will be charged VAT (and other taxes if any) on the Purchase Price. A refund of the VAT applied in the country of supply can be processed by sending proof of removal of the Goods from the EU as an export (and this will include shipping documents) to HILCO within three (3) months from the date of the supply.

 

1. 4. The intra EU forms and proof of export documents (including full shipping documents) required under clause 7.3.3 should be sent to HILCO via email to Justine Hall ([email protected]) or by fax +44 (0) 8453 150 or to such other person as HILCO may notify the Buyer from time to time.

 

1. 5. Buyers wishing to claim an exemption from VAT (or that VAT is to be charged at zero rate or is otherwise not payable (either at all or at the full rate or amount prevailing at the time of the sale)) should provide satisfactory proof to HILCO of the Buyer’s entitlement to claim such exemption or release.

 

1. 6. The Purchase Price should be paid by means of electronic funds transfer (EFT). The bank details and the currency in which payment should be made shall be specified in the Sale Specific Terms.

 

1. 7. Time for payment shall be of the essence and any items of Goods in respect of which full payment (in cleared funds) has not been received by HILCO within ten (10) days of the closing of the relevant Auction or the date of the Private Treaty Sale shall be forfeited and the Buyer shall be liable for the administrative and other costs of HILCO for arranging for the resale and/or scrapping of such Goods and any resulting loss of fees or commission or premium incurred or suffered by HILCO.

 

1. 8. No payment shall be deemed to have been received until HILCO has received the relevant payment in cleared funds.

 

1. 9. The Buyer shall make all payments due under these Terms in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

 

1. 10. If the Buyer fails to pay HILCO any sum due pursuant to the Buyer purchasing any Goods at an Auction or by way of Private Treaty Sale, the Buyer shall be liable to pay interest to HILCO on such sum from the due date for payment at the maximum allowable annual rate accruing on a daily basis until payment is made, whether before or after any judgment.

 

8. INTERNATIONAL STATUTORY COMPLIANCE EXCLUSION

 

1. It is expressly brought to the Buyer’s attention that, at the time of sale, any Goods contained in the lot(s) may not necessarily comply with the Health and Safety Laws, in the relevant jurisdiction and or any other EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction.

 

1. 2. The Buyer undertakes to:

 

1. remove, ship and use any purchased Goods within the EU or any other relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable Health and Safety standards and regulations;

 

1. 2. comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by the HILCO in relation to the removal/disposal of waste including hazardous waste.

 

1. 3. comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation.

 

1. 3. The Buyer acknowledges that HILCO is not the exporter of any Goods or asset unless expressly stated.

 

9. BIDDERS’ AND BUYERS’ RESPONSIBILITIES AND CONDUCT

 

1. The Buyer will be responsible for all damage that it, its carriers or its agents may do to the property of any Third Party (and, in particular, to the Vendor’s premises) in removing the Goods it has purchased. Should HILCO consider such damage likely to occur, it may require the Buyer to deposit such sum of money with HILCO, by way of security for the costs of reinstating that part or the premises likely to be damaged by the removal of a lot, as HILCO may refuse the Buyer access to the Vendor’s premises for the purpose of collecting all or any of the lots it has purchased, or rescind the sale of such lot.

 

1. 2. By placing a bid on a lot, the Buyer represents, warrants and undertakes that it has the authority and capacity to enter such bid and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the lot in question for the full amount of the bid.

 

10. AS IS / WHERE IS

 

1. ALL GOODS ARE SOLD “AS IS”, “WHERE IS”, WITH ALL FAULTS, IMPERFECTIONS, DEFECTS AND WITHOUT RECOURSE AND HILCO DOES NOT MAKE (AND THE BUYER MAY NOT RELY ON) ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONDITION OF THE GOODS OR AS TO THE CORRECTNESS OR COMPLETENESS OF ANY DESCRIPTION OF SUCH GOODS OR ANY CATALOGUE OR ADVERTISING MATERIAL.

 

1. 2. Illustrations, pictures or videos provided by HILCO (whether made available at or before the Auction and/or posted on the Website or otherwise) are for the convenience of potential bidders and potential Buyers only.

 

1. 3. Each of the Vendor, and HILCO as auctioneer have used its/their reasonable endeavors to ensure that the description of each lot(s) is accurate, but the information contained in a lot listing is provided for general guidance and for illustrative purposes only. Any bidder and the Buyer relies upon such description at its own risk. HILCO accepts no responsibility for, and, to the fullest extent permitted by law, excludes any liability for, any loss or damage whatsoever arising out of or related to the accuracy or completeness of any information provided in relation to any lot or for any action taken in reliance on such information by any person whether bidder or potential bidder, Buyer, or potential Buyer or otherwise. HILCO does not make any representation or give any warranty, guarantee, condition, undertaking or term either expressed or implied as to the condition, quality, state of readiness or fitness for purpose of any Goods.

 

1. 4. Potential bidders and Buyers should satisfy themselves prior to the sale as to the condition of the Goods described in the lot and should exercise and rely on their judgment as to whether the Goods accords with its description at their own risk.

 

1. 5. Subject to the obligations accepted by HILCO under these Terms neither the Vendor nor HILCO nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any Goods or lot and no warranty whatever is given by HILCO or, where applicable, the Vendor of their respective employees or agents to any potential bidder or to the Buyer in respect of any Goods or lot and any express or implied conditions or warranties are hereby excluded to the greatest extent permitted by law.

 

1. 6. Any bidder shall be deemed conclusively to have read these Terms and any documents referred to herein including, without limitation, any Sale Specific Terms, all the relevant parts of the Website (including, without limitation, the FAQs) and the relevant listing for the Goods and lot.

 

11. LIMITATION OF LIABILITY

 

1. Nothing in these Terms exclude or limits HILCO’s liability for death or personal injury arising from HILCO’s negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited at law.

 

1. 2. Subject to clause 11.1, the Buyer expressly acknowledges and agrees that in no circumstances shall HILCO be liable to the Buyer or any Third Party for any loss or damages suffered by the Buyer as a result of participating in an Auction and/or purchasing any Goods at an Auction or by means of a Private Treaty Sale including, without limitation, any special, indirect or consequential loss or damage whatsoever or any loss of profits, business contracts, anticipated savings, goodwill, or revenue.

 

1. 3. Subject to clause 11.1, HILCO's maximum aggregate liability under these Terms in respect of the Goods and their sale, whether arising in contract, tort (including negligence), misrepresentation or otherwise, will in no circumstances exceed the lesser of, where applicable, the Purchase Price paid to HILCO or the relevant Vendor in respect of the Goods to which the claim relates or £1,000.

 

1. 4. Subject to clause 11.1, to the extent permitted by law, HILCO exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it or in respect of an Auction, whether express or implied.

 

1. 5. Subject to clause 11.1, HILCO will not be liable to any user of the Website or participant in an Auction for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

1. use of, or inability to use, the Website; or

 

1. 2. use of or reliance on any content displayed on the Website.

 

1. 6. HILCO will not be liable under these Terms for:

 

1. loss of profits, sales, business, or revenue;

2. business interruption;

3. loss of anticipated savings;

4. loss of business opportunity, goodwill or reputation; or

5. any indirect or consequential loss or damage.

1. 7. HILCO will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect any computer equipment, computer programs, data or other proprietary material due to the use of the Website or to the downloading of any content on it, or on any website linked to it.

 

1. 8. HILCO assumes no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by HILCO of those linked websites. HILCO will not be liable for any loss or damage that may arise from any use of such websites.

 

12. REMOVAL OF GOODS

 

1. It is the Buyer’s responsibility to collect or to arrange for the collection of Goods bought (at the Buyer’s cost).

 

1. 2. The Buyer should contact the individual whose name and contact details are provided in the Sale Specific Terms to arrange for the collection of Goods.

 

1. 3. HILCO shall only release Goods for collection by a Buyer or its duly authorized representative once such Goods has been paid for in full and HILCO has received such payment in cleared funds.

 

1. 4. The Buyer must make payment of the Purchase Price on receipt of HILCO’S invoice. Invoices relating to purchases made via the Websites will be emailed to the Buyer within forty eight (48) hours of the closing of the relevant Auction or conclusion of the relevant Private Treaty Sale.

 

1. 5. Unless stated otherwise in the Sale Specific Terms, the Buyer shall collect or arrange for the collection of the Goods purchased within ten (10) days of the closing of the relevant Auction or conclusion of the relevant Private Treaty Sale, after which HILCO shall be entitled to charge to the Buyer the cost of storing and securing such Goods. The Buyer agrees to advise HILCO of the intended date for collection and method of collection and transport prior to collecting the Goods.

 

13. INTELLECTUAL PROPERTY

 

The copyright in the text appearing on the Websites, in any of our Catalogues, Advertising Material and the photographs, digital images and illustrations of Goods on the Websites, in any of our Catalogues and in any Advertising Material vest in and shall remain vested in HILCO or the Vendor or their respective licensors as the case may be. The Buyer will not reproduce or permit anyone else to reproduce such text, photographs, digital images or illustrations without HILCO’S prior written consent.

 

14. DATA PROTECTION

 

1. HILCO collects Personal Data from the Buyer when the Buyer submits a Registration Form to HILCO, or, if a Buyer generally provides Personal Data to HILCO in the course of doing business with HILCO.

 

1. 2. The collection, processing and storage of Personal Data will be dealt with by HILCO in accordance with the Privacy Policy and HILCO’S obligations under the Data Protection Act 1998.

 

1. 3. By submitting a Registration to HILCO the Buyer consents to HILCO collecting, processing and storing the applicable Personal Data for the purposes described in the Privacy Policy.

 

15. REGISTRATION AND ACCESS TO THE WEBSITES

 

1. While HILCO endeavours to ensure that the Websites are normally available 24 hours a day, HILCO shall not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond HILCO’S control.

 

1. 2. Each registration by a Buyer as a registered user on the Websites is for a single user only. HILCO does not permit a Buyer to share a user name and password with any other person nor with multiple users on a network.

 

1. 3. Responsibility for the security of any passwords issued rests with the Buyer.

 

1. 4. In consideration of the Buyer’s use of the Websites, the Buyer agrees to maintain the security of the password and identification used to access the user area of the Websites, and the Buyer shall be fully responsible for all use of the Buyer’s account and for any actions that take place using the Buyer’s membership account.

 

16. FORCE MAJEURE EVENT

 

Save for the Buyer’s obligation to make payment under these Terms (which shall not be excused), neither Party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event.

 

17. WAIVER

 

A waiver (whether express or implied) by one of the Parties of any of the provisions of these Terms or of any breach of or default by any other Party in performing any of those provisions, will not constitute a continuing waiver and that waiver will not prevent the waiving Party from subsequently enforcing any of the provisions of these Terms not waived or from acting on any subsequent breach of or default by any other Party under any of the provisions of these Terms.

 

18. SEVERABILITY

 

The provisions contained in each clause and sub-clause of these Terms is enforceable independently of each of the others and its validity will not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it valid.

 

19. WHOLE AGREEMENT

 

These Terms (together with any other documents referred to herein and referenced as forming part hereof), contain the whole agreement between the Parties relating to the subject matter contemplated by these Terms.

 

20. RULES AT AUCTION

 

HILCO as the auctioneer can at its own discretion:

 

1. Change or withdraw any or all lots.

 

1. 2. Bid for any lot(s) offered for the sale at the online-Auction on its own account and or on behalf of third parties, including on behalf of the seller.

 

1. 3. Sell lots in combination, subdivide a lot(s) or change lot(s).

 

1. 4. Withdraw any lot(s) if the reserve price, placed on that lot, has not been reached.

 

1. 5. HILCO and or any HILCO related company may act as the seller in any Online Auction.

 

1. 6. Temporarily or permanently stop the online-Auction.

 

1. 7. Refuse to accept any bid, including ‘autobids’, for any reason and without any explanation to the bidder.

 

21. IMPORTANT INFORMATION FOR EXPORT PURCHASERS

 

If a potential Buyer is intending purchasing items for export outside the country where the items (Goods/lots) are located, a Buyer satisfy all of the following criteria in order for a VAT refund/zero rating to be considered.

 

1. Export Forms:

 

• The registered purchaser must complete the appropriate form showing the export destination and address.

• The registered Buyer must be the party who is to receive the goods overseas and NOT their agent.

 

1. 2. VAT Deposit:

 

A deposit equal to the amount of VAT due will be taken and held by HILCO until satisfactory proof of export is received (NO EXCEPTIONS).

 

1. 3. Time Limit:

 

Goods must be exported and documentary proof provided within three months from the date of purchase. NO REFUNDS WILL BE GIVEN AFTER THIS PERIOD.

 

1. 4. Proof of Export:

 

1. Where applicable:

 

1. Bills of Lading / fully completed CMR documents together with a letter of declaration must be forwarded to HILCO within three months of the date of purchase.

 

1. 2. Bills of Lading / fully completed CMR documents must specify the goods with reference to lot numbers and description, and/or the purchase invoice reference number.

 

1. 3. Consignee details on the Bill of Lading must match those of the registered Buyer on our registration form.

 

22. GOVERNING LAW AND JURISDICTION

 

These Terms are governed by and will be construed in accordance with English law. Each Party irrevocably submits to the exclusive jurisdiction of the English Courts for all purposes relating to these Terms.

 

23. PREVAILING TEXT

 

The English text of these general terms and conditions prevails over any translations thereof.