will be available at the auction, and prior to the auction, at
the auctioneers offices and will be available or issued by the
auctioneers as a supplement to the auction Catalogue and shall
be taken as forming part of the same.whether or not inspecting
the same, the Purchaser shall be deemed to purchase with full
notice of the said Conditions and other deeds and documents
aforesaid.
THESE GENERAL CONDITIONS APPLY TO THE SALE OF
The general Conditions of sale by halifax plc registered in the
Books of Council and session on 26th october 2000 ("the said
Conditions") shall be deemed to be incorporated herein brevitatis
causa subject only to the following amendments:
a. "The seller" is defined in the articles of roup:
B. added to the end of Condition 3.4 shall be the words
claim or compensation arising from the sale or withdrawal of
a property prior to auction":
Enactment on behalf of the Purchaser thus binding the
Purchaser to the sale":
£1,500.00 whichever the greater:
THESE GENERAL CONDITIONS APPLY TO THE SALE OF
1.
described in the relevant partictulars and/or special Conditions
and in the articles of roup or any part thereof which is being
offered for sale.
"The seller" means halifax plc of Trinity road, halifax, west
Yorkshire, hx1 2rg as heritable creditor in possession of the lot.
"The offeror" is identified in the minute of Preference and
Enactment.
"The Purchaser" is identified in the minute of Preference and
Enactment.
"The auction" is the roup of sale held in the sale room on the
date of the sale.
"The auctioneers" are identified in the articles of roup and
the term includes the individual auctioneer representing the
auctioneers and who is responsible for the conduct of the
auction.
"The auctioneer" shall be the judge of roup named in the
minute of Preference and Enactment and shall have the power to
determine whatever questions and differences which may occur
at the roup.
"The sale room" is the location of the auction.
"The Particulars" are the particulars relating to the lot and are
contained in the Brochure relat ing to the auction at which it is
proposed to offer the lot for sale, or in the case of a late entry,
they are available (separate from the Brochure) in the sale room
immediately before the auction.
"The articles of roup" are available (separate from the Brochure)
in the sale room immediately before the auction.
"The minute of Preference and Enactment" is contained in the
articles of roup and will be completed following the auction of
the lot.
"The special conditions" are the special Conditions relating to
the sale of the lot and are contained in (or their whereabouts
are described in) the articles of roup or are available at the sale
room immediately before the auction.
"The Conditions of sale" are collectively these general Conditions
of sale and the special Conditions.
The singular is deemed to include the plural (and vice versa) and
the masculine is deemed to include the feminine (and vice versa).
Registers of Scotland
all obligations, agreements or warranties given by or on behalf
of the Purchaser or/and the offeror pursuant to the Particulars or
Conditions of sale shall, where such party consists of two or more
persons, be deemed to be joint or several.
The under mentioned headings do not form part of the Conditions
of sale and are only to assist ease of reference.The relevant
subject matter may also be dealt with under headings apparently
relating to different topics.
2.
Conditions shall prevail.
reason therefore in their sole and absolute discretion. in the
event of any dispute on bidding, the auctioneers decision
shall be final.
individual lots and sell them in one lot.
or any part of the lot before the auction without, in either
event, declaring the reserve price.
being knocked down, the successful offeror must forthwith
com plete and sign the minute of Preference and Enactment,
the date of which shall be the date of the auction and the
offeror shall become bound and obliged for the sum offered
by him. if the successful offeror acted as an agent, he must
give the auctioneers' Clerk the details of the Principal at the
time of completing and signing the minute of Preference
and Enactment. in default, the auctioneers shall be entirely
at liberty to re-submit the lot for sale at any time without
consulting or giving notice to the earlier successful bidder or
his principal.
it is agreed that this contract is entered into at the request of an
agent ("the guarantor") whose bid the auctioneers shall have
accepted. in consideration of this contract being entered into at
the request of the guarantor, the guarantor warrants to the seller
and the auctioneers that the Purchaser is a properly constituted
incorporated Company empowered to purchase, take on, lease
or otherwise acquire any land and building or interest in any
heritable rights connected with any such land or buildings and
that the guarantor has absolute authority to bind the Company
to this contract as its agent and he guarantees to the seller
(as witnessed by his signature to the minute of Preference and
Enactment which he shall be deemed to have signed, both as
agent for and on behalf of the Company and in his capacity as
guarantor) as follows:
4.1 That the Purchaser will observe and perform all its
Conditions of sale, and will pay and make good to the seller
all losses, costs, damages and expenses occasioned to the
seller by non-performance (in whole or part) of the terms
and conditions of the Contract or any of them including
(but without prejudice to the generality of the foregoing) the
non-payment of the deposit or the whole or any part of the
purchase price or any other monies which may become
due on completion, and it is agreed that any neglect of
forbearance on the part of the seller in enforcing or giving
time to the Purchaser for the performance of the terms and
conditions under this contract or any of them, shall not in
any way release the guarantor in respect of his personal
liability under this condition.
if the seller within 21 days after receiving such disclaimer
so requires by giving 14 days notice in writing to the
guarantor, agree that the original contract be rescind ed, and
will personally enter into a fresh contract with the seller on
the original terms and conditions. in the event of the seller
serving such notice, the date of Entry (for which time shall
be of the essence) shall be on or before the expiration of
such a notice and the Conditions of sale shall apply and the
guarantor shall pay to the seller such sum or sums as the
Purchaser would have been liable to pay (including interest)
had the liquidator not dis claimed the contract including
(but without prejudice to the generality of the foregoing)
the amount of the deposit payable on the signing of the
memorandum of sale (if such deposit has not previously
been paid) and the whole or whatever part of the purchase
price and other monies may become due on the date of
Entry.
evidence as they may reasonably require to verify any
warranties given by the guarantor under this condition.
shall be the greater, shall be paid by either the offeror or
the Purchaser to the auctioneers (not personally to the
individual auctioneer) immediately after the auction, which
deposit shall be held by the auctioneers as agents for the
seller, unless otherwise spec ified in the special Conditions
of sale.
on behalf of the seller, until the cheque tendered by the
until the full deposit has been received by the auctioneers.
otherwise stated in the special Conditions, and the payment
of a deposit shall not be a precondition of the contract.
pay the required deposit immediately after the auction, the
seller shall be entitled to treat such dishonour or failure as a
repudiation of the contract and rescind the contract without
prejudice to the seller's right to claim the damages for repu-
diation of the contract.
shall deliver to the Purchaser (a) a duly executed disposition
or where appropriate assignation of the lot in favour of the
Purchaser and under the reserva tions, burdens, conditions
and others referred to in the title deeds of the lot or
otherwise affecting the same, (b) any occupancy, tenancy
or lease documentation relating to the lot, and (c) the title
deeds as detailed in the inventory of writs annexed to the
articles of roup.
warrandice to be granted in said disposition or assignment.
Purchaser as from midnight on the date of the auction.The
Purchaser shall insure the lot with effect from the date of the
auction and the seller will be under no liability as from the said
date for the destruction or partial destruction of the lot from
whatever cause.
The Purchaser shall be bound to proceed with the purchase of the
lot in terms of the articles of roup notwithstanding damage to or
destruction total or partial of the lot from whatever cause.
8.
bid for the lot.
accordance with the special Conditions.
and sufficiency of the title and the burdens and conditions
affecting same and of the seller's right to the lot and its
power to sell same.
cables, telegraph and telephone poles, wires and stays that
may be held in, through or across the lot.
maintain any items of common property and any fences,
drains, ditches, water supplies or other works within or
connected with the lot.
be exhibited or delivered.
of roads, footpaths and main drains, and generally all such
other matters as are normally covered by local authority
searches and Property Enquiry Certificates and the seller
will not require to produce any such Certificates or searches.
as to the fitness of the lot for any use or purpose.all bidders
shall be held to have satisfied themselves before bidding
as to whether the lot or any property in the vicinity of the
lot constitutes contaminated land as defined in section
78a(2) of the Environmental Protection act 1990 or as
subsequently amended or any regulations made therunder.
register or Company Files of the seller or any predecessors
in title will be exhibited or delivered, nor will any letters of
non-crystallisation of floating charges granted by the seller
or any predecessors in title, and no letter of obligation shall
be granted by the seller's solicitors.
lot. where any lot is being sold by the seller as heritable
creditor in possession, the seller will not be under any
obligation to deliver (a) a discharge of the standard security
in favour of the seller, (b) a discharge of any pari passu or
postponed standard securities or charges, or (c) a discharge
of any inhibitions registered against the granter of the said
standard security in favour of the seller as heritable creditor
and dated after the date of recording or registration of said
standard security.
the books of Council and session on the 9th march 2001.