Items purchased ONLINE must be collected within 7 days of the sale.
We are open for collection on:
Saturday following the sale 8am - 12 Noon
Monday 8.30am - 4.30pm
Thursday 8.30am - 4.30pm
Friday 9am - 12 Noon (Please contact us in advance if you wish to collect this day)
Failure to collect items within these time frames may result in a storage charge being levied on your items, which must be paid in full before removal of goods.
In these conditions the following terms have the following meanings:
(i) “Auctioneers” means Northallerton Auctions Ltd.
(ii) “Conditions” means the standard terms and conditions of business set out in
this document. Any further specific conditions will be contained in a separate
statement of special conditions.
(iii) “Entry Form” means the form to be completed and signed by the Seller
describing the Lot in such form as may be required by the Auctioneers before
the Lot will be accepted for sale.
(iv) “Hammer Price” means the price at which a Lot is knocked down by the
Auctioneers to the Buyer exclusive of any Value Added Tax and Buyer’s
(v) “Lot” means any item offered for sale or sold as a single transaction in
accordance with these Conditions.
(vi) “Buyer” means a person firm or company who purchases any Lot including
any person firm or company acting as an agent for such a party in the purchase
of that Lot in accordance with the Conditions.
(vii) “Reserve Price” means the minimum price fixed by the Seller in writing at
which any Lot is to be sold at the Sale.
(viii) “Sale” means a sale of the Lots by auction organised by the Auctioneers.
(ix) “Saleground” means the venue at which the Sale takes place.
(x) “Seller” means a person firm or company including any person firm or
company acting as an agent for such a party who offers for sale a Lot in
accordance with these Conditions.
(xi) “Vehicle” means any tractor self-propelled machine or other vehicles.
(xii) “VAT Auctioneers’ Scheme” means the scheme for the treatment of Value
Added Tax by the Auctioneers made under The Value Added Tax (Special
Provisions) Order 1995 SI 1268 (as amended).
(xiii) “Working Day” means each day calculated from midnight from Monday to
Friday inclusive in any week except that a Bank Holiday or other public
holiday shall not be a Working Day.
Except where the context otherwise requires:
- words denoting the singular include the plural and vice versa
- words denoting one gender include the other gender
- words denoting persons include both natural and legal persons.
References to any regulation directive statute statutory instrument other legislation or
official document include any amendment re-enactment and any other subsequent
alteration of that legislation.
2. Status of Conditions of Sale
(i) The Seller has agreed to adhere to these Conditions by signing the Entry Form.
(ii) Any person attending the Sale is deemed to attend on the understanding that
they have read and understood these Conditions and shall make any bid on the
basis of these Conditions.
(iii) The Auctioneers may supplement or supersede these Conditions in whole or
part with special conditions applicable to a specific Sale or a specific Lot
which will be displayed and/or announced at the start of the Sale.
(iv) No employee or agent of the Auctioneers has any authority to vary these
(v) Any dispute arising under these Conditions shall be determined in the first
instance by the Auctioneers whose ruling shall be binding on the conduct of
the auction. If such an issue (save for disputes under 14(xiii) but including
any dispute under Clause 19) remains in dispute after the auction it may be
referred by the Buyer the Seller or the Auctioneers to arbitration or if the
parties agree independent expert determination within the period of seven
working days starting on the date of the Sale by a person agreed between the
parties in dispute or failing such agreement by a person appointed by the
President of the Central Association of Agricultural Valuers on the application
of any of the parties within that time paying such fee as may be charged for
that service. The parties agree to meet the professional fees and costs of that
person as he shall direct and to be bound by his award both as the matter of the
dispute and as to the parties’ costs.
(vi) Any indemnity under these Conditions shall be an indemnity in respect of all
actions proceedings and costs including legal costs expenses claims and
demands whatever incurred or suffered.
3. Entry to the Saleground
(i) Any person entering the Saleground does so at their own risk.
(ii) Any person entering the Saleground must comply with the requirements of all
health and safety notices.
(iii) The Auctioneers reserve the right to refuse admission to any person or entry of
any Lot onto the Saleground without giving any reason.
4. Auctioneers’ Status
(i) The parties to the contract of sale are the Seller and Buyer.
(ii) The Auctioneers sell as agents for the Seller and as such are not responsible
for any default of the Seller or Buyer.
(iii) The Auctioneers shall have discretion as to the description of any item and
may take expert advice on any item, whether from a qualified electrician,
agricultural engineer or other person, at the Seller’s expense to ensure that the
item is sold in a professional and legal manner.
(iv) The Auctioneers may make such announcements or publish such information
supplied by a Seller about any Lot as they in their discretion think fit.
(v) The Auctioneers shall have absolute discretion without giving any reason:
(a) to refuse any bid
(b) to divide any Lot
(c) to combine any two or more Lots
(d) to withdraw any Lot from the auction, and
(e) in case of dispute, to offer any Lot for sale again.
5. Exclusion of Liability
The Auctioneers shall not be liable for any expense loss claim or proceedings in
respect of any loss or damage whatsoever to any property real or personal (including
any Lot) nor in any respect of personal injury to or death of any person before or
arising out of or in the course of or caused by the Sale except to the extent that the
same is due to the negligence of the Auctioneers.
6. Seller’s Warranties
The Seller warrants to the Auctioneers and to the Buyer:-
(i) His identity.
(ii) That he is the true owner of the Lot or is authorised by the true owner to act as
Agent in offering the Lot for sale.
(iii) That he is able to transfer a good and marketable title to the Lot free from any
third party claims liens and encumbrances.
(iv) That no Lot is subject to a Hire Purchase lease contract hire or any other
similar agreement or has been recorded by an insurance company as a write
off or as subject to a major insurance claim.
(v) That all statements on the Entry Form are correct so that the Lot is not
misdescribed being aware that providing a false description can be an offence
under the Trade Descriptions Act 1968 and the Fraud Act 2006 punishable by
a fine or imprisonment.
(vi) That as far as reasonably practicable he has taken sufficient steps to ensure the
Lot is safe and without risk to health and safety and that suitable testing and
examination has been arranged and that he indemnifies the Auctioneer against
all claims under the Consumer Safety Act 1978 and Part 1 of the Consumer
Protection Act 1987.
(vii) That he has declared in writing on the Entry Form any risk posed by the Lot to
health and safety so that it is clear to the Auctioneer and prospective Buyers.
(viii) That unless previously disclosed to the Auctioneers any vehicle entered is in a
roadworthy condition and complies with regulations made under section 41 of
the Road Traffic Act 1988 and has the benefit of any unexpired vehicle excise
licence and any current MoT certificate relating to it which will be transferred
to the Buyer.
(ix) That he will provide all operators’ handbooks and instruction manuals in his
possession for the Lot.
(x) That where information required by this Clause has not been provided or the
Auctioneers have reason to doubt it the Auctioneer may using his powers
under Clause 4(iii) above instruct a suitably qualified person to inspect the
items and report on any such matter the cost of which shall be borne by the
(xi) That he will indemnify the Auctioneers their servants and agents and the
Buyer against any loss or damage suffered by them in consequence of any
breach of the above warranties.
7. Catalogues and Advertisements
(i) The Auctioneers do not guarantee that any Lot described in any catalogue or
advertisement will be offered for sale nor that any description therein can be
relied upon as accurate. Any illustrations in catalogues are for general
(ii) The Auctioneers will not be responsible for any costs incurred by any person
in reliance on the description of a Lot in the catalogue and those attending the
auction will have no claim against the Auctioneers for their costs should any
advertised Lot not be offered at that Sale.
8. Withdrawal of a Lot
In all cases where a Lot once entered is not offered for sale on the Seller’s instructions
the Auctioneers shall be indemnified by the Seller for all expenses incurred in relation
thereto and against all claims from third parties that may arise.
9. Private Sales
(i) Any Lot included by the Seller on an Entry Form and accepted by the
Auctioneers onto the Saleground to be offered for sale must be offered for sale
by auction and must not be sold privately before the Sale for which it was
entered. The Auctioneers shall not be liable for any breach by the Seller of
(ii) The Auctioneers’ consent is required for the private sale of any Lot after the
Sale while it is on the Saleground. That consent may be given on condition
that the Sale is booked through the Auctioneers’ office subject to these
Conditions and in particular that any fee Commission Buyer’s Premium
charge or expense due under the Entry Form or otherwise apply as though that
Lot had been sold by auction at a Hammer Price equal to the price agreed for
the private sale.
(iii) Where a Lot is not sold at the Sale and remains on the Saleground the
Auctioneers reserve the right to sell it privately at no less than any Reserve
Price set for it without further consultation with the Seller.
10. Warranty and Inspection of Lots
(i) The Auctioneers’ knowledge of the Lots is initially dependent on the
information provided by the Seller who has warranted as to its accuracy. The
Auctioneer does not carry out exhaustive due diligence on each Lot. The
information supplied about Lots is not a representation of fact but a statement
of opinion on the basis of the evidence reasonably available. Bidders
acknowledge these points and accept responsibility for carrying out
inspections and investigations to satisfy themselves as to the Lots in which
they may be interested.
(ii) Where the Seller has declared any health and safety issues regarding a Lot or
the Auctioneers have become aware of any such issues details of the matter
will be available to Bidders at the Auctioneers’ office on the Saleground.
(iii) It will be for Bidders to satisfy themselves as to health and safety matters.
Bidders including the Buyer acknowledge that Lots have generally been used
and many are of an age and type which means that they are not in perfect
condition. As such they may not comply with current health and safety
legislation and may have faults not expressly referred to in the catalogue or the
other information that may be available on individual Lots from the
(iv) The Buyer must satisfy himself prior to bidding for a Lot as to its condition
and should exercise and rely on his own judgement as to whether the Lot
accords with its description. The Auctioneers shall have no liability for the
accuracy of the description of any Lot. Unless otherwise stated no warranty is
given by the Auctioneers to the Buyer in respect of any Lot and any express or
implied conditions or warranties are excluded to the fullest extent permitted by
law. It is the Buyer’s responsibility to check the Lot and ensure that its
subsequent use is compliant and that identified health and safety concerns are
(v) If a Lot is described at the time of the Sale as in “working order” that Lot is
understood to have no defect which renders it incapable of the reasonable
work for which it is intended.
(vi) A Lot including any electrical item will have been inspected by an electrician.
Where electrical equipment is sold without specific instructions for its use it is
the responsibility of the Buyer to seek independent advice as to its safe
operation. The Auctioneers shall have no liability for the safe operation of the
item by the Buyer.
11. Vehicles and Trailers
(i) All express and implied conditions and warranties relating to any vehicle are
excluded so far as the law allows.
(ii) Bidders are advised that if a vehicle is described as unroadworthy it is illegal
for it to be used on the road in Great Britain unless it is put into roadworthy
(iii) Any reference to the year of a motor vehicle refers to the year in which it was
first registered in the United Kingdom.
(iv) A person on becoming the Buyer of any vehicle or trailer is forthwith
responsible for complying with all legal requirements as to the roadworthiness
construction and use of such vehicle or trailer and for obtaining all certificates
permits or other authorisations necessary before such vehicle or trailer can be
used on the road. If the vehicle or trailer is not roadworthy it is the Buyer’s
responsibility to ensure its removal from the Saleground in a safe manner and
if it is thereafter to be used on the road to put it into roadworthy condition.
(v) The Buyer warrants that he has third party liability insurance for his use of the
vehicle or trailer.
(vii) Following the sale of any vehicle the Auctioneers shall not pay over the Sale
Proceeds to the Seller until the Seller has given to the Auctioneers the V5C
registration book for that vehicle a signed declaration that the registration book
is lost or a declaration of non-registration or the Buyer confirms that he has
now obtained a V5C document for the vehicle.
12. Reserve Price
The Seller shall be entitled to place a Reserve Price on any Lot prior to the Sale being
the minimum amount for which the Lot may be sold.
(i) No person may bid without warranting their identity to the Auctioneers.
(ii) Any person intending to bid as an agent for a potential Buyer must notify the
Auctioneers in advance of the Sale and confirm the arrangements for payment
of the goods to the satisfaction of the Auctioneers.
(iii) The Auctioneers may accept written instructions to bid on behalf of any
prospective Buyer but with no liability in the case of any error arising out of
such instructions. Any instructions accepted shall be at the risk of the
prospective Buyers who will be deemed to have viewed the Lot. The
Auctioneers accept no responsibility in connection with the commissioning of
their staff to bid for a Lot. It is the responsibility of the Bidder to ascertain if
he has been successful.
(iv) The Auctioneers may at their discretion make arrangements to receive bids
over the telephone or otherwise from prospective Buyers not physically
present at the Sale. Where such a facility is offered prospective Buyers
wishing to use it must register with the Auctioneers in advance of the Sale.
The Auctioneers accept no liability in relation to telecommunications facilities
and connections nor to the means by which such prospective Buyers may seek
to communicate with the Auctioneers.
(v) Bids shall be made exclusive of any VAT and Buyer’s Premium which may
(vi) The Auctioneers may refuse to accept the bidding of any person without
giving any reason.
(vii) No Seller shall bid for any Lot that he has entered into the Sale save where the
Seller has set a Reserve Price for a Lot in accordance with Clause 12 in which
case bids may only be made on behalf of the Seller for that Lot by the
Auctioneers and then only provided that the Auctioneers had announced at the
start of the Sale that they may be bidding on behalf of the Seller.
(viii) Where the Lot is offered for sale on the dissolution of a partnership Clause
13(vii) does not apply.
(ix) The person who makes the highest bid acceptable to the Auctioneers shall be
the Buyer on the fall of the hammer.
(x) A Bidder is deemed to have inspected any Lot for which he is bidding and if
successful in that bidding agrees to take it with all faults and
imperfections and to be responsible for ensuring its subsequent compliance
with the law.
(xi) The Buyer warrants that he is able to pay in accordance with these Conditions.
(xii) In the event of a dispute between two or more bidders as to which is the Buyer
the dispute shall be settled at the absolute discretion of the Auctioneers.
(xiii) Transfers of purchases will only be recognised at the sole discretion of the
14. Payment by Buyers
(i) Unless otherwise agreed with the Auctioneers the Buyer shall pay the
Auctioneers in full on the day of the Sale for the Lot purchased together with
any charges Buyer’s Premium or other payment due under these Conditions
before removing that Lot from the Saleground.
(ii) That payment is to be by a means approved by the Auctioneers.
(iii) Where the Buyer offers cash in settlement the Auctioneers will not accept
more than the equivalent at the time of the Sale in pounds sterling of fifteen
thousand euros for transactions at any one Sale in order to comply with the
Money Laundering Regulations 2007.
(iv) Where a Buyer defaults on a payment the Auctioneers reserve the right to resell
the Lot and to charge the Buyer for any expenses and loss incurred by
reason of the failure of the Buyer to complete his purchase and to retain nay
profit that may arise from that resale.
(v) The Auctioneers reserve the right to charge the Buyer interest on any payment
outstanding from five Working Days after the day of the Sale together with
any reasonable debt recovery charges such rates and charges for all
transactions to be those prescribed for commercial debts by the Late Payment
of Commercial Debts (Interest) Act 1998 as amended.
(vi) If the Auctioneers have paid the Seller the Sale Proceeds due for a Lot before
the Buyer has paid the Auctioneers in full for the Lot then the Auctioneers
shall have a lien on the Lot until the outstanding amount is paid by the Buyer
to the Auctioneers.
(vii) In the event of any sale by the Buyer of a Lot before full payment has been
made the Buyer shall hold the proceeds of such sale on trust for the
Auctioneers to discharge the lien referred to at Clause 14(vi).
15. Responsibility for Lots
From the fall of the hammer for a Lot that Lot is the liability of the Buyer who is
responsible for its safe use any damage to it and for complying with all legal
16. Buyer’s Premium
Where the Auctioneers state before the Sale in the catalogue or special conditions a
Buyer’s Premium together with Value Added Tax may be charged to Buyers
calculated on the basis of the Hammer Price at a rate to be stated in that
17. Value Added Tax
(i) The Seller will be responsible for accounting for any Value Added Tax on the
Sale of a Lot.
(ii) The Seller must state to the Auctioneers whether he is registered for Value
Added Tax and if registered his Value Added Tax registration number and
whether he operates under a flat rate scheme or any VAT Margin Scheme. If
he is not registered for Value Added Tax the Seller hereby confirms that he
has instructed the Auctioneers to arrange on his behalf the auction or sale of
the Lots he has entered.
(iii) The Auctioneers will not account to the Seller for any Value Added Tax
without the information required by Clause 17(ii).
(iv) The Auctioneers will add Value Added Tax at the appropriate rate to the
Hammer Price of a Lot.
(v) If a Lot is zero rated exempt or where the Seller operates the flat rate scheme
for Value Added Tax purposes the Auctioneers will state this at the time of
(vi) Where the Seller does not advise the Auctioneers of the appropriate rate of or
status for VAT of a Lot the Auctioneer will apply the rate or status that
appears appropriate from the information available to them and will not accept
liability for any errors.
(vii) Where a Lot is sold on behalf of a Seller who is not registered for Value
Added Tax the Lot will be sold under the VAT Auctioneers’ Scheme unless
written instructions are given to the Auctioneers to the contrary.
(viii) Where a Seller is registered for Value Added Tax and is trading goods under
the general Margin Scheme and would like to offer a Lot for sale under the
VAT Auctioneers’ Margin Scheme the Lot must be included on a separate
Entry Form making it clear that the Lot is to be sold under the respective
(ix) The Auctioneers require Buyers from countries in the European Union who
are registered for Value Added Tax to supply the Auctioneers with their VAT
number or equivalent fiscal number and other relevant information so that the
Lots purchased may be invoiced without Value Added Tax. Where this
information is not made available or where the Buyer is not VAT registered,
VAT will be charged at the appropriate UK rate in addition to the Hammer
Price of the Lot. This amount will not be recoverable. It is the responsibility
of such a Buyer to ensure that he or his haulier completes and signs a
“collection certificate” at the Auctioneers’ office on collection of the Lot
purchased so that Value Added Tax is not charged at the standard UK rate and
(ix) Buyers from countries outside the European Union will be required to pay a
VAT deposit equivalent to the standard UK rate of VAT on the Lot which will
be refunded if within three months of “the time of supply” the
Auctioneers are supplied with a satisfactory Bill of Loading or Certificate of
Shipment as proof of shipment of the Lot outside the European Union, failing
which the VAT deposit will be paid over to Her Majesty’s Revenue and
18. Notification of a Defective Lot
(i) Where a Buyer alleges a breach of any warranty for a Lot for which he has
paid he shall notify the Auctioneers in writing clearly stating details of the
alleged breach as soon as practicable and no later than 1 p.m. on the next working day after the day the Lot was purchased and in any event before the
Lot is removed from the United Kingdom.
(ii) The Buyer shall make the Lot available for inspection in the United Kingdom
by the Seller the Auctioneers and the duly appointed agents of either within
five Working Days following the day on which the notification of the
defective Lot is received.
(iii) If there is a complaint against the Auctioneers it will be handled under the
complaints procedure established by the Auctioneers to handle formal
complaints made against their business.
(iv) If the complaint is against the Seller the Auctioneers will notify the Seller of
the alleged breach as soon as reasonably practicable and in the event of
continuing disagreement any dispute will be handled under Clause 2(v). The
Auctioneers’ obligation to account to the Seller for the Sale shall be suspended
until they are satisfied that the dispute has been settled.
19. Resale due to Failure to Comply with these Conditions
(i) Where a Lot has been sold to a Buyer who then fails to comply with the
Conditions the Auctioneers may without prejudice to any other rights they
may have resell that Lot either by public auction or private contract. If the
price achieved on resale is less than Hammer Price together with any expenses
arising the deficit shall be due as a debt from the original Buyer of the Lot.
(ii) The defaulter shall not be entitled to any part of the proceeds which may arise
by such re-sale which shall remain the property of the Auctioneers.
(iii) Expenses due from the defaulter shall be deemed to include the Auctioneers’
commission on the re-sale and all other expenses that would be due on a Sale
under these Conditions.
20. Auctioneers’ Right to Annul a Sale of a Lot
Before making payment to the Seller in the event of any dispute or refusal to pay on
the part of the Buyer the Auctioneers may entirely at their discretion annul and cancel
the sale of such a Lot or Lots.
21. Removal of Lots from the Saleground
(i) No Lot whether sold or unsold may be removed from the Saleground without
the written authority of the Auctioneers. Passes for such removal must be
obtained from the Auctioneers’ offices and each Lot will be checked out by
the Auctioneers or their duly authorised representative. The Auctioneers
accept no liability for Lots while on the Saleground whether sold or unsold.
(ii) Where the Saleground is in the permanent occupation of the Auctioneers any
Lot which (without the express written consent of the Auctioneers) has not
been collected within one calendar month from the day on which it was sold or
last offered for sale or such other period as shall have been announced in the
special conditions will be deemed to be abandoned. The Auctioneers will then
be entitled to dispose of such an abandoned Lot at their unfettered discretion.
For the avoidance of doubt, any monies arising from such a disposal will be
paid to and retained by the Auctioneers. The Auctioneers may make a charge
for handling and storage of the Lot if it remains on the Saleground more than
three Working Days after the Sale.
(iii) Where the Saleground is not in the permanent occupation of the Auctioneers
the Auctioneers are entitled to dispose of any Lot which (without express
written consent of the Auctioneers) has not been collected within two Working
Days from the day on which it was sold or last offered for sale or such period
as shall have been announced in the special conditions. For the avoidance of
doubt any monies arising from such a disposal will be paid to and retained by
22. Applicable Law
These Conditions shall be governed by and construed in accordance with the law of
England and Wales. All transactions to which these Conditions apply and all
connected matters shall also be governed by the law of England and Wales.