1.5 Million Car Fleet Auction

Transcription

1 1.5 Million Car Fleet Auction Date: 11am Saturday 22 October 2011 By Order of Hertz Rent A Car - Over 120 Cars Inc, 2011 > 2008 Leading Brand Diesel Cars. Location: Swords Road, Cloghran, Dublin 9. (Located under M50 Fly-Over) Viewing: 9am - 5pm Friday 21 October and from 9am Saturday 22 October.

2 IMPORTANT NOTICES TO PURCHASERS PAyMENT ANd TERMS There is no deposit required for registration. A 500 non-refundable cash deposit is required on the day for each vehicle purchased. Any buyer who fails to pay the 500 cash deposit on Auction Day will deemed to be in default and such assets will be made available immediately for re-sale. All purchases must be paid for in full, in Euros before Clearance, by Bank Transfer or Bankers draft made payable to E-Auctions. Cash Payments over 500 are not accepted onsite. The balance of any account must be paid for no later than 3pm on Tuesday 25 October COllECTION Of ASSETS The premises will be open for collection between 10am and 5pm Monday 24 October and Tuesday 25 October. There is no collection of vehicles on Auction Day and all assets must be collected by 5pm Tuesday 25 October. E-Auctions must be in receipt of cleared payment in full before assets can be released for collection. BUyERS 5% Buyer s Fee is charged on ALL VEHICLES SOLD; PREMIUM (21% VAT is applicable on the buyer s fee of 5%). VAlUE AddEd TAx All Private Vehicles are sold inclusive of VAT. All Commercial Vehicles will be sold exclusive of VAT, which will be added to purchaser s invoices at the standard rate of 21% VAT. E.G. PRIVATE VEHICLES E.G. COMMERCIAL VEHICLES Sale Price 1, Sale Price 1, % Buyers Premium % Buyers Premium % Vat on Buyers Premium % Vat on 1, TOTAL PRICE 1, TOTAL PRICE 1,270.50

3 CONdITIONS Of SAlE All lots will be sold subject to the conditions of sale. Please note neither the Sellers or E-Auctions can verify the accuracy of any service work previously carried out on the vehicles by any garages or third parties, nor can they guarantee extra keys, service books, manual s etc. It may take up to 21 Days to obtain VLCs Any assets that have outstanding finance, sellers agree to pay such Finance Companies within 21 working days of receiving full cleared payment from buyers purchases. Upon receipt of payment from the sellers, Finance Companies will be responsible for removing any outstanding finance. Neither E-Auctions nor the sellers, can be held responsible for any delay by the Finance Companies in clearing finance once they are in receipt of payment from the sellers. It is entirely the buyer s responsibility to ensure they have inspected the vehicles and agreed to the Terms and Conditions of this Auction. As this is a public auction, intending Bidders are encouraged to undertake a professional inspection of all Lots in respect of which they wish to Bid as no Buyer shall be deemed to have purchased as a consumer. Should lots not be collected by these dates and no communication has been received or no purchaser or representative of the purchaser has appeared at the premises to remove his lot/lots then the conditions of sale shall apply and these lots shall be deemed abandoned. due to Health and Safety Reasons, No children under the age of 12 will be allowed onsite.

4 Ford Mondeo TDCI, 1.8 Litre, Diesel, Silver, 59,886 Kms, Taxed 06/12, 10-D Opel Astra S Ecoflex 1.3 Litre, Diesel, Blue, 32,034 Miles, 10-D Volkswagen Golf TDI, 1.6 Litre, Diesel, Blue, 66,530 Kms, Taxed 02/12, 10-D Volvo S Litre, Flexifuel, Silver, Black Leather, 114,536 Kms, 08-D Opel Corsa 1.0 Litre, Petrol, Grey, 56,034 Kms, 10-D

5 Ford Ka 1.2 Litre, Petrol, White, 3 Door Hatchback, 50,614 Kms, 10-D Toyota IQ 1.0 Litre, Petrol, White, 3 Door Hatchback, 69,027 Kms, 09-D Seat Exeo 2.0 Litre, Diesel, Silver, 71,476 Kms, Tax 12/11, 10-D Peugeot Litre, Petrol, Silver, 86,985 Kms, 09-W Volvo S Litre, Diesel, White, 78,592 Kms, 09-W-1068.

6 Opel Astra S Ecoflex 1.3 Litre, Diesel, Silver, 41,050 Miles, 10-D Peugeot 3008 SX, 1.6 Litre, Diesel, Beige, 5 Door Estate, 24,582 Kms, Taxed 03/12, 11-D Jaguar X Type 2.2 Litre, Diesel, Black, 68,568 Miles, 08-D Renault Trafic DCI, 115, 2.0 Litre, Diesel, Blue, 5 Door Mini Bus, 9 Seater, 110,571 Kms, 08-W Opel Corsa Club 1.2 Litre, Petrol, Black, 3 Door Hatchback, 87,560 Kms, 09-D

7 Ford Mondeo TDCI 2.0 Litre, Diesel, Grey, 138,069 Kms, 08-D Opel Zafira Club Ecoflex, 1.7 Litre, Diesel, Black, 5 Door Estate, 7 Seater, 49,288 Kms, 10-D Mazda 3 TR 1.6 Litre, Petrol, Grey, 94,237 Kms, Taxed 11/11, 08-D Renault Clio Ripcurl 1.2 Litre, Petrol, Black, 52,552 Miles, 09-D Toyota Yaris Terra 1.0 Litre, Petrol, Blue, 75,203 Kms, Taxed 02/12, 10-D

8 Nissan Tiida 1.6 Litre, Petrol, Silver, 87,476 Kms, 07-D Opel Insignia Eco Flex 2.0 Litre, Diesel, Navy, 57,524 Kms, Tax 06/12, 10-D Ford Fiesta 1.2 Litre, Petrol, Grey, 74,023 Kms, Taxed 12/11, 10-WX Peugeot 307 D-Sign, 1.4 Litre, Petrol, Wine, 112,864 Kms, 08-D Volkswagen Golf DI, 1.6 Litre, Diesel, Silver, 66,325 Kms, Tax 02/12, 10-D

9 Opel Astra S Ecoflex 1.3 Litre, Diesel, Grey, 29,851 Miles, 10-D Toyota Auris 1.4 Litre, Petrol, Blue, 100,966 Kms, 08-D Renault Trafic Passenger Mini Bus DCI, 115, 2.0 Litre, Diesel, Black, 5 Door, 9 Seater, 118,914 Kms, 08-W Ford C-Max Zetec TDCI 2.0 Litre, Diesel, Blue, 5 Door Estate, 123,821 Kms, Taxed 11/11, 08-D Ford Focus Style 1.6 Litre, Petrol, Blue, 76,862 Miles, 08-D

10 Seat Exeo 2.0 Litre, Diesel, Silver, 76,954 Kms, Taxed 02/12, 10-D Renault Laguna 2.0 Litre, Diesel, Silver, 133,421 Kms, 08-D Nissan Tiida 1.6 Litre, Petrol, Blue, 89,217 Kms, 07-D Saab 95 TID, 1.9 Litre, Diesel, Gold, 128,495 Kms, 08-D BMW 118i 2.0 Litre, Petrol, Silver, Black Leather Seats, 76,302 Miles, 08-D

11 Ford Fiesta 1.2 Litre, Petrol, Grey, 76,931 Kms, Taxed 12/11, 10-WX Peugeot Litre, Petrol, Red, 56,250 Kms, 09-W Opel Astra S Ecoflex 1.3 Litre, Diesel, Silver, 34,336 Miles, 10-D Ford Ka 1.2 Litre, Petrol, Silver, 3 Door Hatchback, 75,222 Kms, Taxed 11/11, 09-D Volvo S40 D2, 1.6 Litre, Diesel, Silver, 45,046 Kms, Taxed 02/12, 10-CW-1422.

12 Opel Corsa 1.0 Litre, Petrol, Blue, 48,565 Kms, 10-D Ford Fiesta 1.2 Litre, Petrol, Silver, 80,588 Kms, 09-D Renault Trafic Passenger Mini Bus DCI, 115, 2.0 Litre, Diesel, Beige, 9 Seater, 118,904 Kms, 08-D Toyota Corolla 1.4 Litre, Petrol, Blue, 99,981 Kms, Tax 12/11, 09-D Opel Astra S Ecoflex 1.3 Litre, Diesel, Black, 35,569 Miles, 10-D

13 Ford C-Max Zetec TDCI 2.0 Litre, Diesel, Blue, 5 Door Estate, 76,880 Miles, Taxed 11/11, 08-D Toyota Yaris 1.0 Litre, Petrol, Black, 87,472 Kms, Tax 11/11, 09-D Toyota Corolla 1.4 Litre, Petrol, Black, 93,278 Kms, Tax 12/11, 09-D Volkswagen Passat Blue Motion, TDI, 1.6 Litre, Diesel, Silver, 50,751 Kms, Tax 06/12, 10-D Renault Clio Ripcurl 1.2 Litre, Petrol, Silver, 100,245 Kms, 09-D

14 Toyota Aygo 1.0 Litre, Petrol, Grey, 102,955 Kms, 08-D Honda Civic I-VTec, 1.8 Litre, Petrol, Blue, Sunroof, 71,075 Miles, 08-D Toyota Corolla Terra D4D, 1.4 Litre, Diesel, Navy, 51,775 Kms, Tax 12/11, 10-D , Saab Litre, T, Flexi Fuel, Biopower, Black, Cream Leather, 5 Door Estate, 108,448 Kms, 08-D , Ford Ka 1.2 Litre, Petrol, White, 3 Door Hatchback, 64,376 Kms, Taxed 02/12, 10-D

15 Honda Civic I-VTec, 1.8 Litre, Petrol, Black, Sunroof, 86,239 Miles, 08-D Toyota Corolla D4D, 1.4 Litre, Diesel, Grey, 62,551 Kms, Tax 12/11, 10-D Ford Focus Style TDCI, 1.6 Litre, Diesel, Silver, 67,228 Kms, Taxed 05/12, 10-D Saab Litre, T, Flex Fuel, Biopower, Silver, 133,223 Kms, 08-D Mazda Litre, Petrol, Silver, 5 Door Estate, 7 Seater, 88,419 Kms, Taxed 11/11, 09-D

16 Saab 95 TID, 1.9 Litre, Diesel, Black, 123,950 Kms, 08-D Toyota Yaris 1.0 Litre, Petrol, Grey, 87,007 Kms, 09-D Toyota Corolla 1.4 Litre, Petrol, Grey, 88,715 Kms, Tax 12/11, 09-D Ford Tourneo Mini Bus 2.2 Litre, Diesel, Grey, 5 Door, 9 Seater, 85,457 Kms, 08-WX , Honda CR-V 2.0 Litre, Petrol, 4 Wheel Drive, Blue, 5 Door Estate, 125,780 Kms, 08-D

17 Renault Fluence 1.5 Litre, Diesel, Black, 51,080 Kms, 10-D Mazda Litre, Diesel, Grey, 51,697 Kms, 10-CW Saab 93 Aero 1.9 Litre, Diesel, Black, 121,076 Kms, Leather, 08-D Jaguar XF 2.7 Litre, Diesel, Green, Leather, 88,013 Kms, Tax 02/12, 09-D Ford Fusion Ice Edition, 1.4 Litre, Diesel, White, 72,988 Kms, Taxed 02/12, 10-D

18 Ford Focus Ghia TDCI, 2.0 Litre, Diesel, Silver, Sunroof, 123,080 Kms, 09-D Opel Zafira Club Ecoflex, 1.7 Litre, Diesel, Blue, 5 Door Estate, 7 Seater, 59,598 Kms, 10-D Honda Civic I-VTec, 1.8 Litre, Petrol, Silver, 67,540 Miles, 08-D Toyota Yaris 1.0 Litre, Petrol, Grey, 70,236 Kms, Taxed 12/11, 09-D Renault Fluence 1.5 Litre, Diesel, Beige, 55,638 Kms, 10-D

19 Volvo S80 2.5T Litre, Petrol, Silver, Leather, 139,918 Kms, 07-D Mazda Litre, Petrol, Navy, 114,519 Kms, 08-L Ford Focus Ghia TDCI, 2.0 Litre, Diesel, Silver, 102,524 Kms, 09-D Honda Civic I-VTec, 1.4 Litre, Petrol, Black, 53,469 Miles, 09-W Opel Corsa 1.2 Litre, Petrol, Grey, 54,176 Kms, 10-D

20 Kia Sportage 2.0 Litre, Diesel, Silver, 5 Door Jeep, 58,140 Miles, 08-D Land Rover Discovery 3 TDV6, 2.7 Litre, Diesel, Black, 7 Seater Passenger Jeep, Cream Leather, 5 Door Estate, 87,664 Kms, Taxed 11/11, 09-D Jeep Grand Cherokee Limited CRD, 3.0 Litre, Diesel, Black, Leather, 5 Door Estate, 124,293 Kms, 07-WW Mazda Litre, Petrol, Grey, 105,261 Kms, Taxed 11/11, 09-D Ford Mondeo TDCI, 2.0 Litre, Diesel, Grey, 101,378 Kms, Taxed 05/12, 09-D

21 Honda Civic I-CTDI, 2.2 Litre, Diesel, Blue, 59,291 Miles, Taxed 12/11, 09-W Nissan Micra 25th 1.2 Litre, Petrol, Black, 94,863 Kms, 09-D Suzuki Alto 1.0 Litre, Petrol, Cerise, 96,940 Kms, Tax 10/11, 09-D Mitsubishi Lancer 1.5 Litre, Petrol, Black, 124,229 Kms, Tax 10/11, 08-D Ford C-Max Zetec TDCI 2.0 Litre, Diesel, Blue, 5 Door Estate, 34,812 Kms, 08-D

22 Opel Corsa 1.2 Litre, Petrol, Grey, 51,844 Kms, 10-D Renault Clio Ripcurl 1.2 Litre, Petrol, Black, 53,084 Miles, 09-D Saab Litre, T, Petrol, Biopower, Silver, 119,720 Kms, 08-D Volvo S80 D5 2.4 Litre, Diesel, Blue, Leather, 114,225 Kms, 08-D Nissan Tiida 1.6 Litre, Petrol, Silver, 86,747 Kms, 07-D

23 Nissan Micra 1.2 Litre, Petrol, Blue, 97,300 Kms, Taxed 10/11, 09-D Ford Mondeo TDCI 2.0 Litre, Diesel, Black, 141,013 Kms, 08-D Nissan Tiida 1.6 Litre, Petrol, Blue, 150,826 Kms, 08-D Honda Civic I-VTec, 1.8 Litre, Petrol, Navy, 61,181 Miles, 08-W BMW 116i 1.6 Litre, Petrol, Grey, 57,488 Miles, 09-D

24 Opel Zafira Club Ecoflex, 1.7 Litre, Diesel, Silver, 5 Door Estate, 7 Seater, 59,127 Kms, 10-D Jaguar XF 2.7 Litre, Diesel, Grey, Cream Leather, 55,780 Miles, Tax 12/11, 09-D Nissan Micra 25th 1.2 Litre, Petrol, Silver 88,575 Kms, Taxed 10/11, 09-D Saab Litre, T, Flexi Fuel, Biopower, Black, Cream Leather, 102,208 Kms, 08-WX Renault Clio Ripcurl 1.2 Litre, Petrol, Silver, 61,953 Miles, 09-D

25 Land Rover Freelander 2 TD4, 2.2 Litre, Diesel, Silver, 5 Door Estate, 99,629 Miles, 08-W Nissan Micra 25th 1.2 Litre, Petrol, Rustic, 102,274 Kms, 09-D Mazda 3 Petrol, Grey, 145,366 Kms, Taxed 11/11, 08-D Ford C-Max Zetec TDCI, 2.0 Litre, Diesel, Silver, 5 Door Estate, 81,911 Miles, Taxed 11/11, 08-D Opel Insignia Eco Flex 2.0 Litre, Diesel, Black, 32,089 Miles, Tax 06/12, 10-D

26 Renault Clio Ripcurl 1.2 Litre, Petrol, Silver, 57,149 Miles, 09-D Volkswagen Golf TDI, 1.6 Litre, Diesel, Black, 67,167 Kms, Taxed 02/12, 10-D BMW X6 3.0 Litre, Diesel, X Drive, Silver, 5 Door Estate, Cream Leather, 61,253 Miles, 08-D Jaguar X Type 2.2 Litre, Diesel, Silver, 55,827 Miles, Tax 12/11, 09-D Saab Litre, T, Flexifuel, Biopower, 5 Door, 101,340 Kms, 08-D

27 Seat Altea XL 2.0 Litre, TDI, Diesel, Rustic, 100,361 Kms, Tax 03/12, 09-D Ford Focus Style 1.6 Litre, Diesel, Silver, 22,782 Kms, 11-D Mazda Litre, Petrol, Silver, 98,770 Kms, Taxed 11/11, 08-CW Nissan Micra 25th 1.2 Litre, Petrol, Blue, 108,855 Kms, Tax 10/11, 09-D Ford Focus Style 1.6 Litre, TDCI, Diesel, Silver, 21,940 Kms, 11-D

28 Kia Sportage 2.0 Litre, Diesel, Silver, 5 Door Jeep, 61,239 Miles, Tax 10/11, 08-D Opel Astra 1.6 Litre, Petrol, Gold, 55,927 Kms, Tax 11/11, 10-D Ford Focus Style 1.6 Litre, TDCI, Diesel, Silver, 20,840 Kms, 11-D Land Rover Range Rover Sport SE, 2.7 Litre, Diesel, 5 Door Estate, Black, 118,407 Kms, 08-D BMW 520D 2.0 Litre, Diesel, Black, Leather, 45,976 Miles, Tax 12/11, 10-D-897.

29 BMW 318D 2.0 Litre, Diesel, Black, Leather, 55,780 Miles, Tax 10/11, 09-D Land Rover Freelander 2 STD4, 2.2 Litre, Diesel, Silver, 5 Door Estate, 80,715 Miles, 08-W BMW 318D 2.0 Litre, Diesel, Grey, Leather, 61,331 Miles, Tax 10/11, 09-D Volkswagen Jetta TDI, 1.6 Litre, Diesel, Silver, 43,761 Kms, Taxed 06/12, 10-D

30 15A 2008 Kia Sportage 2.0 Litre, Diesel, Silver, 5 Door Jeep, 65,141 Miles, Tax 10/11, 08-D A 2008 Kia Sportage 2.0 Litre, Diesel, Silver, 5 Door Jeep, 65,717 Miles, Tax 10/11, 08-D A 2011 Ford Focus Style 1.6 Litre, TDCI, Diesel, Silver, 23,420 Kms, 11-D A 2008 Kia Sportage 2.0 Litre, Diesel, Silver, 5 Door Jeep, 67,371 Miles, 08-D Renault Fluence 1.5 Litre, Diesel, Black, 22,646 Kms, Tax 04/12, 11-D Kia Sportage 2.0 Litre, Diesel, Black, 5 Door Jeep, 69,138 Miles, 08-D Land Rover Range Rover Sport HSE, 2.7 Litre, Diesel, 5 Door Estate, Leather, Grey, 111,361 Kms, 08-D

31 TERMS AND CONDITIONS OF SALE 1. All lots - which term shall include all forms of personal property whatsoever and property fitted or affixed to land - are tendered for sale subject to these Conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer. 2. In these Conditions the Auctioneer shall be the company or firm or person, or his or their servant or agent, who has agreed to auction any lot; the Seller shall be the company or firm or person who has agreed to sell any lot; the Buyer shall be any company, firm or person whose bid is accepted by the Auctioneer; and Bidder shall mean a person who bids for any lot whether on his own behalf (in which case he shall be the Buyer if his bid is accepted by the Auctioneer) or on behalf of a third party (in which case the third party shall be the Buyer if his bid is accepted by the Auctioneer). 3. By making a bid for any lot, the Bidder agrees to be bound by these Conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the Bidder either on his own behalf or on behalf of a Buyer to purchase any lot tendered upon these Conditions alone. 4. The sale of any lot shall be concluded and binding at the moment when the lot is knocked down. The highest bid will be accepted save in exceptional circumstances, such circumstances to be determined by the Auctioneer whose decision shall be unchallengeable. 5. The Auctioneer shall have the sole and exclusive right at the site of the auction to determine all matters whatsoever concerning the conduct and/or effect of any auction sale or purported sale and without prejudice to the generality of the foregoing, he shall be entitled to resolve disputes between bidders, to reject any bid, to withdraw, divide or consolidate any lot or lots and he will be entitled to bid on the Seller's behalf. He will further be entitled to require proof of identity and /or of authority from any bidder. 6. The Buyer must forthwith identify himself and any principal or employer, together with appropriate means of identification, to the Auctioneer, his servants or agents and must pay 25 per cent of the sale price forthwith by way of a deposit. The total sale price, less any such sum, must be paid to the Auctioneer at his office or elsewhere as he may direct. Payment in full shall be deemed not to have occurred until any negotiable instrument has been honoured in full (or cash has been paid) such payment to be made within the time specified in the sale notes. Time of payment shall be of the essence. The Buyer shall not be entitled to remove any lot from its position at the time of the sale until the purchase price of that of that and any other lot purchased at the auction has been paid in full and in default of payment as aforesaid the Auctioneer shall have a lien upon all lots purchased by the Buyer during the same auction and shall be entitled to rescind the sale in respect of any lot or lots for which full payment is not made in due time, forfeit any deposit paid in respect of them and resell the same without any right of compensation to the Buyer. The Auctioneer shall also be entitled to charge interest upon any unpaid balance at the rate of 1 per cent above Base Rate from time to time or may be entitled to charge interest, whichever is the greater. The Auctioneer shall also be entitled to continue to charge for storage arising after the time for removal at the rate of 25 per cent per annum of the sale price until he elects to rescind the sale, if at all, which election he may make at any time after such non-payment. 7. The title to any lot shall remain with the Seller until the full sale price and any storage and interest charges have been paid to the Auctioneer, but the risk of damage to or loss whatsoever cause and in whatsoever circumstances shall be transferred to the Buyer upon the sale. 8. The Auctioneer warrants that he will only sell lots which he believes to be owned by the Seller or to which the Seller will be able to pass a good title but should it transpire that the Seller's title to any lot is defective or that the Seller cannot pass a good title to the Buyer, the Auctioneer shall be under no obligation to the Buyer, other than to use his best reasonable endeavors (short of litigation), to procure the transfer of a good title to the Buyer and to assist the Buyer in exercising any remedies that he may have against the Seller. 9. The Buyer shall remove any lot for which he has paid in full plus other charges, if any, by the time for removal, which shall be either the time for payment or the time stated in the any sale notes of the Auctioneer, whichever shall be removed without the Auctioneer's express written consent while the Auction is continuing. The Buyer shall be responsible for the removal of the articles and such removal must be carried out safely and lawfully. Flame cutting, the use of explosives or any other potentially hazardous or inflammatory process shall not be permissible at the site without express written consent. The Buyer agrees to insure against and to indemnify the Auctioneer and the Seller against any and all claims arising in respect of injury or damage to person or property whether real or personal, caused by himself, his servants or agents of his principals or employer. 10. Exclusion of Liability 10.1 As this is a sale by auction no Buyer is deemed a consumer and as neither the Auctioneer or the Seller has any historical knowledge of any lot sold by the Auctioneer, all conditions and warranties as to the condition, quality, description or fitness for any purpose of any lot are expressly excluded and neither the Seller or the Auctioneer will be bound by or liable for any representation of any kind in relation to any lot Neither the Seller nor the Auctioneer shall have any liability for matters outside of their reasonable control Neither the Seller nor the Auctioneer shall have any liability to the Buyer or a Bidder for any: Consequential losses (including loss of profits and/or damage to goodwill); and/or Economic and/or other similar losses; and/or Special damages and indirect losses; and/or Business interruption, loss of business, contracts and/or opportunity Each of the limitations and/or exclusions in these Conditions shall be deemed to be repeated

32 and apply as a separate provision for each of: Liability for breach of contract; Liability in tort (including negligence); Liability for breach of statutory duty except for clauses 10.8 and 10.9 below which shall apply once only in respect of all the said types of liability Any potential Buyer and/or Bidder should rely solely and exclusively upon his own inspection of any lot and should not treat statements made in sale particulars or before or during the Auction by the Seller or the Auctioneer either as representations or to be relied upon No vehicle is warranted or held out to be roadworthy and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement. Neither the Auctioneer or the seller or their respective servants and agents have authority to make representations The liability of the Auctioneer or the Seller to the Buyer or a Bidder shall be limited to the price paid by the Buyer for the lot in question provided also that the total collective liability of the Seller and the Auctioneer to the Buyer or a Bidder shall not exceed the price paid by the Buyer for the lot in question To the extent that any liability of the Seller or the Auctioneer would be met by any insurance of the Seller or the Auctioneer, the liability of the Seller or the Auctioneer shall be extended to the extent that such liability is met by such insurance If any individual exclusion or limitation of liability under this clause 10 is held to be unreasonable or unenforceable the remaining provisions of this clause 10 and these conditions of sale shall remain in full force and effect Nothing in these Conditions shall exclude or limit the liability of the Seller and the Auctioneer for death or personal injury due to its negligence or any liability which is due to their fraud or any other liability which it is not permitted to exclude or limit as a matter of law. 11. The Buyer hereby undertakes to ensure that any lot he purchases will be used, moved or displayed whether at the site of the auction or elsewhere only when he has ensured that such use and/or movement and/or display is lawful and safe. 12. It is expressly brought to the Bidder s and/or Buyer s attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Buyers of any such plant, machinery or equipment are hereby required to ensure that the use of any such at a place of work within the Republic of Ireland does not contravene such relevant Act or Regulation thereunder applicable thereto. 13. TOXIC CHEMICALS AND DANGEROUS SUBSTANCES. It is expressly brought to the attention of Buyers and/or Bidders that certain types of plant, or main service installations could contain blue or white asbestos, dangerous chemicals etc., which if not handled correctly during their removal from the site could be in breach of Health and Safety at Work, or any other current legislation covering the use of such substances in a working environment. 14. Where any lots or lots have been sold by count, weight or measurement, no allowance can in any case be made nor shall the Auctioneer or Seller be answerable for any deficiency in quantities, weights or measures, unless claimed for before the Buyer, his agent, carrier or man employed by him, has removed his lot or lots from the premises. 15. Should a Buyer, by himself, his servants or agents cause damage in any way to the site of the auction or damage to or loss of any lot thereat, the Auctioneer shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Auctioneer whose decision shall be final and unchallengeable. The Auctioneer's assessed sum shall be paid by the Buyer upon receipt of invoice therefore and payment shall be made forthwith, time being of the essence. 16. Neither the Auctioneer nor the Seller are to be responsible for any personal injuries which may occur prior to, or during the progress of the sale, or at any time during the removal of the lots, which must be entirely at the Buyer's risk. 17. If before title to any lot has passed to the Buyer thereof, the Buyer, being an individual, dies, enters into a composition or arrangement for the benefit of his creditors or has a Receiving Order in Bankruptcy made again him or, being a body corporate, has an Administrator, a Receiver or a Receiver and Manager appointed or goes into liquidation or enters into a composition or arrangement for the benefit of its creditors, then the contract for sale of such lot shall be automatically and without notice rescinded unless the Auctioneer elects otherwise within 2 working days of written notice of such an event. Upon rescission, any deposit paid by the Buyer shall be forfeit and the Auctioneer shall be entitled to exercise the rights set out in Clause If a Buyer is permitted to take possession of any lot before the full sale price has been paid, the Seller and/or Auctioneer shall be entitled to enter upon any premises of the Buyer or under his control in order to repossess such lot. 19. If, before title passes to the Buyer under these Conditions, the Buyer nevertheless purports to resell or otherwise dispose of the lot or any interest therein, the Buyer shall hold the proceeds of such sale or other disposition upon trust for the Auctioneer and the Seller jointly until title passes to the Buyer under these Conditions, if at all, and in the meantime the Buyer shall not deal with, charge or dispose of such proceeds except with the written consent of the Seller or of the Auctioneer. 20. These Conditions shall be construed in accordance with and governed by Irish law. 21. The Buyer will pay the Buyer s premium as stated in the catalogue on the hammer price plus Value Added Tax at the standard rate. The premium is not negotiable and will be charged to all Buyers. The Buyer agrees that the Auctioneer when acting as agent for the Seller may also receive a commission from the Seller. 22. The Auctioneer and its agents act only as agents of the Seller and without personal liability. 23. All software is excluded from any lots sold. 24. Equipment Auctions Ltd t/a Eauctions reserves the right to bid on behalf of its clients.

33 For further details please contact: E-Auctions T: E: W: