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 EACH
OF THE LOTS IN THE AUCTION, SUBJECT TO ANY vARIATION
OR ADDITION REFERRED TO IN THE SPECIAL CONDITIONS
RELATING TO THE RELEvANT LOT.
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 "neither
the auctioneers nor the Seller shall be liable for any claim or
compensation arising from the sale or withdrawal of a property prior
to auction":
C. added to the end of Condition 3.5 shall be the words "the
auctioneer may sign the Minute of preference and enactment on
behalf of the purchaser thus binding the purchaser to the sale":
D. Condition 5.1 shall be amended in that the deposit will be ten
per centum (10%) of the agreed price or a deposit of £1,500.00
whichever the greater:
e.
REGISTERED IN THE BOOkS OF COUNCIL AND SESSION ON
26TH OCTOBER 2000
THESE GENERAL CONDITIONS APPLY TO THE SALE OF
EACH OF THE LOTS IN THE AUCTION wHICH HAvE BEEN
ENTERED BY HALIFAx PLC, SUBJECT TO ANY vARIATION
OR ADDITION REFERRED TO IN THE SPECIAL CONDITIONS
RELATING TO THE RELEvENT LOT.
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.
2.1 in the event of anything in these general Conditions
conflicting with the Special Conditions, the Special Conditions shall
prevail.
of Sale at any time prior to the sale taking place.
3.
the auction, subject to an undisclosed reserve price.
3.2 the auctioneers have the right to regulate the bidding and
to refuse to accept any bid or bids without assigning any reason
therefore in their sole and absolute discretion. in the event of any
dispute on bidding, the auctioneers decision shall be final.
3.3 the auctioneers shall have the right to divide and sell the lot
in separate lots if the whole is un-sold, or to amalgamate individual
lots and sell them in one lot.
3.4 the Seller reserves the right to withdraw the lot from the
auction and the Seller reserves the right to sell the whole or any
part of the lot before the auction without, in either event, declaring
the reserve price.
3.5 Subject to the foregoing provisions, the highest offeror for
the lot at the auction shall be the purchaser. on the lot 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.
4.
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 obligations
under this Contract and in accordance with the 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.
4.2 that if the purchaser shall enter into liquidation and the
liquidator shall disclaim this contract, the guarantor shall, 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.
4.3 that the guarantor shall within 5 working days of any request
therefore, provide to the Seller's solicitors such evidence as they
may reasonably require to verify any warranties given by the
guarantor under this condition.
5.
purchase price or a deposit of £1,500.00, whichever 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.
5.2 the auctioneers reserve the right to hold the Minute of
preference and enactment, signed by the auctioneers on behalf of
the Seller, until the cheque tendered by the purchaser in respect of
the deposit has been cleared and/or until the full deposit has been
received by the auctioneers.
5.3 the contract for the sale of the lot shall be created upon the
stated in the Special Conditions, and the payment of a deposit shall
not be a precondition of the contract.
5.4 if a cheque given for payment of the deposit is dishonoured
or is not met when first presented or if the purchaser fails to 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.
6.
whole purchase price and interest thereon, if any, the Seller 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.
6.2 any current lets, servitudes, rights of possession and other
rights however constituted shall be excluded from the warrandice to
be granted in said Disposition or assignment.
7.
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.
accuracy of each aspect of the particulars before making a bid for
the lot.
8.2 the Seller reserves the right to alter or add to the particulars
at any time prior to the sale taking place.
9.
particulars and /or Special Conditions.
9.2 if the title is not registered at the land Register of Scotland or
in the Registers of Sasine, it will be deducted in accordance with the
Special Conditions.
9.3 the title will be taken as it stands and the purchaser will
be taken bound to have satisfied himself as to the validity 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.
9.4 the lot is sold under burden of any servitudes and right of
wayleave for laying and maintaining sewers, drains, pipes, cables,
telegraph and telephone poles, wires and stays that may be held in,
through or across the lot.
9.5 the purchaser shall free and relieve the Seller of all
obligations incumbent upon the Seller to uphold and maintain any
items of common property and any fences, drains, ditches, water
supplies or other works within or connected with the lot.
9.6 Minerals will be conveyed only in so far as the Seller has right
hereto and no coal mining or other minerals report will be exhibited
or delivered.
9.7 the purchaser shall be deemed to have made all necessary
enquiries in connection with the planning position, the status 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.
9.8 no warranty is given as to the compliance by any occupants
of the lot with legislation whether delegated or otherwise or
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.
9.9 no Searches in the property Register or land Registration
Form Reports, Searches in the personal or the Charges 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.
9.10 the Seller will be responsible for the discharge of any
Standard Securities recorded or registered in respect of the 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.
9.11 any plan which the purchaser may wish to incorporate in his
title to the lot or annex to the Disposition in his favour or which
may be required by the keeper of the land Register shall be
prepared at the sole expense of the purchaser and shall not be
warranted by the Seller.
the books of Council and Session on the 9th March 2001.