Further to our discussion regarding the sale of your timber, here are our usual terms of business should we be favoured by your kind instruction.
1. SOLE AGENCY
These terms of engagement are for a sole agency and if you decide to withdraw your instructions we would require 14 days written notice.
In the event of withdrawing our instructions, an administration charge of £50 per lot, together with a fixed fee of £100 per lot will be payable.
2. COMMISSION
There are two alternative bases for charging for our services:
2.1 Corporate Membership
Corporate members 0.25% and a £50 per lot admin fee, corporate membership rates will be agreed between Timber Auctions and the individual organisation.
2.2 Commission for Non-Corporate Members
Our sellers commission will be calculated from the total sale prices as follows.
Our commission will be due on the introduction of a purchaser ready willing and able to proceed to an exchange of contract at an agreed price
3. SERVICES INCLUDED
Our terms of engagement include the following services to be provided by Timber Auctions:-
4. VAT
VAT will be added at the prevailing rate as appropriate to all charges.
5. PROMOTION COSTS
In addition to our commission you will be liable for any advertising costs or disbursements agreed between the parties.
6. BUYERS PREMIUM
Timber Auctions will be entitled to collect a buyers premium of 1% of the sale price plus VAT from the purchaser.
7. ACCOUNT SETTLEMENT
Interest calculated at 2% above the base rate prevailing at Lloyds Bank PLC shall be payable at the Auctioneers discretion on any accounts not settled within 28 days of date of original invoice.
A. TIMBER AUCTIONS PRACTICE STANDARD
B. GENERAL CONDITIONS OF SALE APPLYING TO THE USE OF TIMBERAUCTIONS' SYSTEM.
C. REGISTERED USER’S CONDITIONS OF SALE APPLYING TO THE USE OF TIMBERAUCTIONS' SYSTEM.
THIS, ALONG WITH THE CATALOGUE TERMS, FORMS THE TIMBER SALE AGREEMENT BETWEEN BUYER AND SELLER UNLESS OTHERWISE STATED IN THE CATALOGUE TERMS UNDER 'SPECIAL CONDITIONS'.
If you have any queries regarding this information please contact TimberAuctions on 01904 489731 or e-mail oliver.combe@timberauctions.co.uk.
1.PRE-SALE INFORMATION
1.1 Catalogues will wherever possible be made available four to six weeks prior to a sale.
1.2 The description of each lot will be a matter for the vendors and/ or their agents.
1.3 The description of each lot will be as accurate as possible.
1.4 The method of the timber measurement will be declared in the catalogue.
1.5 Terms and Conditions of sale will be determined by the vendor and TimberAuctions and these will be available at the time the sale catalogue is made available. Any special conditions will be identified in the catalogue with the details of the lot.
1.6 Vendors should advise the auctioneer of any potential purchasers who they deem to be unacceptable at the time they submit details for inclusion in the auction catalogue. This information will be passed to potential purchasers if they express an interest in purchasing a particular lot or lots.
TENDER SALES 2. CONDUCT OF TENDER SALES
2.1 Tender offers may be submitted at any time up to the date and time for the closing date for tender offers given in the catalogue.
2.2 TimberAuctions will not access any tenders lodged on the central computer until after the closing date and time for lodging tenders has passed.
2.3 All tenders lodged with TimberAuctions will be notified to the vendor or his agent as soon as possible after the closing date and time for tenders.
2.4 All tenderers will be notified of their success or failure as soon as possible after the vendor or his agent have informed TimberAuctions of their decision.
2.5 The tenderer has the right to withdraw his/her offer seven days after the tender date if the vendor has not notified TimberAuctions of the sale outcome.
3. POST SALE PROCEDURES FOR TENDERS
3.1 The name of the successful tenderer, but not the price tendered, will be declared separately on the Sale Summary screen as soon as possible after the vendor has notified TimberAuctions.
AUCTION SALES 4. CONDUCT OF AUCTION SALE
4.1 These will be conducted in accordance with the Sale of Goods Act 1979 and 1994 and local bylaws as amended.
4.2 The conduct of a web-based auction sale will be in accordance with normal auction practices unless otherwise stated in this Practice Standard.
4.3 If a technical fault occurs with the main computer which interrupts the web-based bidding procedures, the sale will be halted and restarted within one hour, otherwise the auctioneers will re-schedule the sale.
4.4 Lots which are unsold may be re-entered at the end of the sale at the request of the vendor. All potential purchasers on the system at the time will be advised by the auctioneer as soon as possible after this decision is made with a message on the screen. Vendors may alter the reserve before re-entering the lot.
5. CONDITIONS OF BIDDING AT AUCTIONS
5.1 Reserves will be set by the Vendor for all lots unless specifically stated otherwise in the description of the lot in the catalogue.
5.2 Vendors or their agents (except the auctioneer) should not be allowed to bid in the auction; and, if proved to have done so, the sale of that particular lot could be annulled, provided the purchaser agrees.
5.3 The auctioneer may bid on behalf of the vendor up to one increment below the reserve price but will not bid once the reserve for the lot has been reached in accordance with current law.
5.4 In the event of 5.3 above the auctioneer will only advance the bidding by one increment above the last competitive bid and the auctioneer's bid will be identifiable on the screen.
5.5 A purchaser will only be required to pay the amount clearly identified on the screen as being accepted by the auction system plus the buyer’s sale commission.
5.6 Lots which do not reach the reserve are shown as unsold.
5.7 Lots which equal or exceed the vendor's reserve are sold once the auctioneer indicates this on the screen.
5.8 A sale contract is entered when the last bid is registered on the computer screen as being accepted by the auctioneer.
6. ARBITRATION AT AUCTIONS
6.1 Any disputes concerning the professional conduct of an auction will be referred to the President of the Central Association of Agricultural Valuers.
6.2 Any disputes concerning the subsequent timber sale contract are a matter for the vendor and the purchaser and not the auctioneer.
7. POST SALES PROCEDURES FOR AUCTIONS
7.1 The purchaser's name and the price paid for each lot sold during the auction will be displayed separately on the Sale Summary screen immediately after each lot is sold together with the designation of the under bidder (trade or vendor).
7.2 For unsold lots the designation of the last bidder (i.e. trade or vendor) will also be displayed separately on the Sale Summary Screen.
7.3 The post-sale procedures for issuing invoices and payment terms will be set out in the sale catalogue and will be followed by all parties.
GENERAL 8. TIMBER SALE TERMS & CONDITIONS FOR STANDING TIMBER AND LOGS
8.1 The Terms and Conditions under which the standing timber and logs are offered for sale are a matter for the vendor, but all vendors are encouraged to use the sales contracts agreed by the Confederation of Forest Industries and the UK Forest Products Association.
9. COMPLAINTS
9.1 Any complaints over the conduct of tender and auction sales should be addressed directly to TimberAuctions' partners in the first instance.
1.1 In these General Conditions:- "access" means to read on screen or obtain a printed copy or other record of any data recorded in the TimberAuctions' System; "Agent" means an agent for a Vendor or for a Purchaser; “Assessment” means the description of the timber available for felling or collection, such description being written in the catalogue. "Auctioneer" means the party conducting the sale through TimberAuctions' System and may include TimberAuctions in their capacity as auctioneer; "Bidder" means a Registered User entering a bid for a lot; "Catalogue" means the information available through TimberAuctions' System to Registered Users in relation to a lot prior to the sale of that lot; "Data" includes assessments, catalogues, bid bases, reserve prices, bids, commodity measurements, market reports and invoices; " TimberAuctions " means TimberAuctions in its capacity as the provider of the TimberAuctions' System and not, unless the context otherwise admits, in its capacity as an Auctioneer; " TimberAuctions' System" means the web based facility provided by TimberAuctions for auction sales of timber and other commodities but does not include the Registered User's terminals nor any means of communications from a Registered User to any communications network; "enter" in relation to data, means to record the data in TimberAuctions' System; "person" includes a body corporate as well as a natural person; "Purchaser" includes an agent who is deemed to be purchasing as a principal; "Registered User" means a person registered as a Registered User for TimberAuctions' System; "sale" means auction sales; tender sales; and any other sale through Timber Auctions' System; "sell" means sell by auction; sell by tender and sell by any other means through TimberAuctions' System; "user" means any person using TimberAuctions' System whether as Visitor, Vendor, Bidder or Purchaser and includes Registered Users; "Vendor" includes an agent who is deemed to be selling as a principal;
1.2 In these General Conditions, unless the contrary intention appears:-
1.2.1. words importing one gender include all other genders; and
1.2.2. words in the singular include the plural, and words in the plural include the singular.
2. GENERAL
2.1 All users of TimberAuctions' System are bound by these General Conditions. TimberAuctions reserves the right to vary or exclude these General Conditions or any of them, and that either generally or as regards the sale of any particular class or classes or any special lots of goods and also to adopt such Standard Conditions as it may from time to time determine as regards the sale of any particular class or classes of goods, and in the event of any such Standard Conditions being inconsistent with these General Conditions or any variation thereof the said Standard Conditions shall prevail as regards the sales to which they apply.
3. ASSESSMENT
3.1 The Vendor or the Agent of the Vendor undertakes the description and marking of the parcels for sale and the Auctioneer carries no responsibility for verifying the accuracy of the description.
3.2 The Catalogue Terms are provided for the guidance of prospective purchasers but is not guaranteed by TimberAuctions or the Vendor. Purchasers are held as having satisfied themselves as to the description of the Sale Lots.
4. CONDITION OF LOT
4.1 The Vendor warrants that the lot will be in as good condition at the time of the sale, as that at the time of the assessment and the Vendor shall at his own expense maintain the lot in such condition from the time of the assessment until notified by the Auctioneer that the Purchaser has paid.
5. RESERVE PRICE
5.1 The Vendors may nominate a reserve price without notification to Bidders, but the Vendor shall have no claim against the Auctioneer for having sold any goods under such reserve price unless the Auctioneer has received written notice of the reserve prior to the sale.
6. OFFER AND WITHDRAWAL OF GOODS
6.1 The Auctioneer does not guarantee that goods submitted to it for sale will be sold or offered for sale. The Auctioneer shall determine the order in which lots will be submitted for sale. Withdrawal of a lot at the request of the Vendor will not affect any claim competent to the Auctioneer against the Vendor for costs incurred by the Auctioneer in offering the goods for sale.
7. CONDUCT OF THE AUCTION
7.1 The Auctioneer shall control and be responsible for the conduct of the auction.
7.2 A bid is made only when it is recorded in TimberAuctions' System bidding log.
7.3 A bid is deemed to have been made on such bid basis as may be nominated by the Auctioneer prior to the sale for the class of goods comprised in the lot.
7.4 A bid is deemed to have been made subject to any conditions or restrictions disclosed in the catalogue or otherwise notified to prospective Purchasers through TimberAuctions' System at the time of the Auction.
7.5 The Auctioneer may refuse to accept any bid without assigning any reason therefore, and neither the Bidder nor the Vendor shall have any claim against the Auctioneer in respect of such refusal.
7.6 Bidding may advance only by the bidding increments fixed by the Auctioneer from time to time.
7.7 A bid may not be withdrawn except with the consent of the Auctioneer, not withstanding any provision in the Sale of Goods Act 1979, and neither the Vendor nor the Purchaser shall have any claim against the Auctioneer.
7.8 The Bidder who makes the highest bid before the close of bidding for that Lot that is equal to or above any reserve price and which is accepted by the Auctioneer, will be the Purchaser.
7.9 The sale of a lot shall be deemed to be complete when the Auctioneer intimates completion by on-screen notification through TimberAuctions' System.
7.10 Any dispute about the conduct of an auction or the sale of a lot shall be decided by the Auctioneer whose decision shall be final and binding.
7.11 All bids will be taken exclusive of VAT. which will be added to the purchase price of each lot where appropriate and the Purchaser shall be liable for any VAT payable.
8. CONDUCT OF TENDER SALES AND PRIVATE SALES
8.1 The Auctioneer shall control and be responsible for the conduct of the sale.
8.2 A tender or offer is made only when it is recorded in TimberAuctions' system sale log.
8.3 A tender or offer is deemed to have been made on such an offer basis as may be nominated by the Auctioneer prior to the sale for the class of goods comprised in the lot.
8.4 A tender or offer is deemed to have been made subject to any conditions or restrictions disclosed in the catalogue or otherwise notified to prospective purchasers through the TimberAuctions' system prior to the closing date and time for submitting tenders or offers.
8.5 The Auctioneer may refuse to accept any tender or offer without assigning any reason therefore, and neither the Tenderer, Offeror nor the Vendor shall have any claim against the Auctioneer in respect of such refusal.
8.6 A tender or offer becomes binding and cannot be changed or withdrawn within 7 days after the closing date and time of that tender sale unless otherwise agreed by the Auctioneer and Vendor.
8.7 The sale of a lot shall be deemed to have taken place when the Auctioneer dispatches the Confirmation of Sale Note to the Tenderer or offeror.
8.8 Any dispute about the conduct of a tender or private sale shall be decided by the Auctioneer whose decision shall be final and binding.
8.9 All offers will be taken exclusive of VAT and the Purchaser’s sale commission, which will be added to the purchase price of each lot where appropriate
8.10 The Vendor shall not be obliged to accept the highest or any tender or offer.
9. AGENCY
9.1 Any person submitting goods for sale shall be deemed to be selling as a principal unless he expressly discloses to the Auctioneer when consigning the goods to the Auctioneer that he is an agent for a named principal.
9.2 A Bidder is deemed to be bidding as a principal unless before the auction begins he expressly discloses to the Auctioneer that he is an agent for a named principal and the Auctioneer agrees to receive his bid on that basis.
9.3 The agent and principal (whether Vendor or Purchaser) shall be liable jointly and severally save where agency is timeously intimated to the Auctioneer as herein before provided.
10. EXCLUSION OF WARRANTIES
10.1 The respective rights, obligations and liabilities of the Vendor and the Purchaser in the event of the goods being different to the catalogue description, or of nonmerchantable quality or otherwise defective in quality or condition are as expressly provided in the Standard Conditions of Sale applicable to the class of goods comprising the lot and are in lieu and to the exclusion of all warranties representations rights obligations and liabilities whether express or implied by statute or otherwise.
11. RISK
11.1 Risk in the goods will pass from the Vendor to the Purchaser in accordance with the Standard Conditions for Sale.
12. PROPERTY
12.1 At no time will the property in any goods vest in TimberAuctions.
12.2 Property in the goods will pass from the Vendor to the Purchaser in accordance with Standard Conditions of Sale.
13. CONFIRMATION OF SALE
13.1 The Auctioneer will prepare and issue a Confirmation of Sale Note to the Purchaser as soon as possible after the completion of the sale.
13.2 In accordance with catalogue terms Purchasers shall be required to pay a deposit and the Purchaser’s sale commission to TimberAuctions as specified on the Purchaser's invoice issued by TimberAuctions following a sale.
13.3 In the event that the deposit or the Purchaser’s sale commission is not received by the Auctioneer within the allotted time, the Auctioneer will be entitled to inform the Vendor that the lot is not sold and the Agreement is terminated. The Vendor shall then be free to make alternative arrangements for selling the timber and in such case the Purchaser shall have no claim against the Vendor or the Auctioneer.
13.4 The Purchaser will be responsible for making payment of the rest of the purchase price to the Vendor in accordance with the Catalogue Terms.
14. PAYMENT BY AUCTIONEER TO VENDOR
14.1 The Auctioneer shall be liable to the Vendor for the sale deposit, less:-
14.1.1 The Vendor’s administrative fee where applicable (including VAT if applicable at the rate then current) and;
14.1.2. Any deduction properly made by the Auctioneer. The due date for payment to the Vendor shall be as specified in the relevant Standard Conditions.
14.2 Payment to the Vendor shall be conditional upon the Vendor having fulfilled all his obligations in terms of these General Conditions and under the relevant Standard Conditions. The Vendor will indemnify the Auctioneer in respect of any loss or expense suffered by the Auctioneer (including non-payment by the Purchaser of any part of the price) as a result of any breach by the Vendor of any duty or obligation under these General Conditions or any applicable Standard Conditions or any other duties or obligations imposed by statute or otherwise.
14.3 The Auctioneer shall be entitled to, but not obligated to, withhold payment of the deposit to the Vendor in respect of any goods if, or for as long as, such goods are the subject of any dispute, litigation or arbitration. Payment to the Vendor for such goods shall be restricted to such amount as is determined, upon resolution of such dispute, litigation or arbitration, to be properly due by the Purchaser thereof. No payment shall be due to the Vendor in respect of any goods properly rejected by the Purchaser. No interest shall be payable by the Auctioneer on the amount of any price so withheld.
15. COMMISSION
15.1 Unless otherwise provided in any Standard Condition of Sale, the Vendor or Purchaser shall be liable to the Auctioneer for payment of the Auctioneer's commission on goods sold through Timber Auctions' System that may be due. The rate of commission for each class of goods shall be as fixed by the Auctioneer from time to time.
15.2 The Auctioneer shall have full right to sue the Vendor and / or Purchaser for the sales commission and any other expenses incurred by the Auctioneer in connection with the purchase of the goods or otherwise.
15.3 It shall not be adequate for the Purchaser, in any action by the Auctioneer for payment of the commission to plead any defence or counter-claim founded on any alleged breach of contract by the Vendor, and the Purchaser shall have recourse only against the Vendor in respect of such alleged breach.
15.4 The Auctioneer shall have the full right to sue the Vendor for the administrative fee that may be due and any other expenses incurred by the Auctioneer in connection with the sale of the goods.
16. MALFUNCTION OF TIMBER AUCTION'S SYSTEM
16.1 Neither TimberAuctions nor the Auctioneer shall have any liability to any user for any malfunction of, or breakdown in, or failure of, TimberAuctions' System (including any communication network) or for any non-receipt, non-transmission or loss of data by TimberAuctions ' System (including any communications network) or for any liability (for any reason) of a Registered User to communicate with the TimberAuctions' System (including any communications network).
17. CLAIMS
17.1 TimberAuctions (in its capacity as provider of TimberAuctions' System) shall not be liable to any user in respect of any lot sold through TimberAuctions' System. Each user shall keep TimberAuctions indemnified against any claims howsoever arising, in respect of any transaction entered into by that user through TimberAuctions' System.
17.2 The Auctioneer shall have no liability as a party in any dispute, claim or action between the Vendor and the Purchaser in respect of any goods sold through TimberAuctions' System.
17.3 The Auctioneer shall have no liability to either Vendor or Purchaser for any misdescription of goods offered for sale through TimberAuctions' System.
18. ACCESS TO DATA
18.1 Each Vendor authorises the access by all Registered Users of any data entered by him or on his behalf.
18.2 Each Vendor and Purchaser authorises the inclusion of summaries of data in market reports compiled by TimberAuctions and the Auctioneer and the access by all visitors to TimberAuctions' web site.
19. NOTICE
19.1 Any notice to be given by any party (including TimberAuctions) under these General Conditions or any relevant Standard Conditions, shall be given in writing (which shall include telex and facsimile and electronic mail) to the other party/parties as its/their principal place of business.
20. INVALIDITY
20.1 If any of the provisions contained in these Conditions, or in any relevant Standard Conditions becomes invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability or the remaining provisions shall not in any way be affected or impaired.
21. APPLICABLE LAW
21.1 These Conditions, and any relevant Standard Conditions, shall in all respects be governed by, and construed in accordance with English law.
22. INSURANCE
22.1 In accordance with the terms in the Catalogue either the Vendor or Purchaser will be responsible for the insurance of the logs or standing timber to its full market value.
1. DEFINITIONS
1.1 In these Conditions:- "access" means to read on screen or obtain a printed copy or other record of any data recorded in TimberAuctions' System; "Auctioneer" means the party conducting the sale through TimberAuctions' System and may include TimberAuctions in its capacity as Auctioneer; "TimberAuctions " means TimberAuctions in its capacity as the provider of the TimberAuctions' System and not, unless the context otherwise admits, in its capacity as Auctioneer; " TimberAuctions' System", means the web based communication facility provided by TimberAuctions for tender and auction sales of standing timber and logs and other forestry commodities but does not include the Registered User's terminal nor any means of communication from a Registered User to any communications network; "person" includes a body corporate as well as a natural person; "Registered User" means a person registered with TimberAuctions as a Registered User TimberAuctions' System; "sale" means auction sale; or a sale arranged through and recorded on TimberAuctions' System; "terminal" means a personal computer or other terminal or device accepted by TimberAuctions as a terminal for the purposes of TimberAuctions' System.
2. TERMS AND CONDITIONS
2.1 All Registered Users are bound by these conditions and no variation or alteration thereto shall apply unless agreed by TimberAuctions in writing.
2.2 All Registered Users are bound by the General Conditions and Standard Conditions of Sale applicable to sales conducted through TimberAuctions' System.
3. CHANGE IN REGISTRATION PARTICULARS
3.1 A Registered User shall give notice in writing to TimberAuctions of any change in the Registered User's registration particulars within seven days of the change occurring.
4. REGISTERED USER IDENTIFICATION
4.1 TimberAuctions will provide each Registered User with a user name and a user password (hereinafter called "User Name" and "User Password" respectively) which will allow the Registered User access to catalogues for those sales for which the Auctioneer has accepted the enrolment of that Registered User.
4.2 A Registered User shall keep his User Name and User Password confidential and observe any security instructions given by TimberAuctions and the Auctioneer. A Registered User shall immediately give notice in writing to TimberAuctions and the Auctioneer with whom he has enrolled of any improper disclosure or of use of his User Name and/or User Password.
4.3 A Registered User is bound by any transaction (including but not limited to a bid at a sale) using his User Name and User Password unless prior to such a transaction the Auctioneer has received at least 24 hours notice in writing requesting cancellation of that User Name and User Password.
5. COMMUNICATION CHARGES
5.1 The Registered User shall be liable to meet his own telephone or line costs to TimberAuctions' web site.
7. VARIATION OF BEACON SYSTEM
7.1 TimberAuctions may vary any of the functions of the TimberAuctions' System or any hardware or software included in TimberAuctions' System, but neither TimberAuctions nor the Auctioneer will be liable to any Registered User for any change in functionality, performance or specifications due to such variation.
8. TERMINATION OF REGISTRATION
8.1 TimberAuctions may terminate the Registration User at any time and without assigning any reason therefore. Such termination by TimberAuctions shall immediately cancel such Registered User's enrolment with the Auctioneer and all rights of such Registered User under these Conditions of Registration shall thereupon cease.
8.2 The Auctioneer may cancel the enrolment of a Registered User at any time and without assigning any reason therefore. Immediately upon such cancellation all rights of such Registered User to take part in auctions conducted by such Auctioneer shall cease.
8.3 Notwithstanding termination of registration, the Registered User shall remain liable for any fees incurred prior to termination (whether or not invoiced) and for any debt, claim or obligation incurred in relation to any sale, and for any claim arising from the Registered User's failure to comply with these Conditions.
9. MODIFICATION OR MALFUNCTION OF TIMBER AUCTIONS' SYSTEM
9.1 Neither TimberAuctions nor the Auctioneer shall have any liability to any Registered User for any malfunction of, or breakdown in or failure of the TimberAuctions' System (including any communications network) or for any non-receipt, non-transmission or loss of data by the TimberAuctions' System (including any communications network) or for any inability for any reason of a Registered User to communicate with the TimberAuctions' System (including any communications network).
10. DISCLAIMER BY TIMBERAUCTIONS
10.1 TimberAuctions (in its capacity as the provider of the TimberAuctions' System) shall not be liable to any person (including Registered Users) in respect of any lot sold through TimberAuctions' System.
11. SET-OFF
11.1 The Registered User hereby waives any and all existing and future claims and set-offs against any payment due by the Registered User in terms of these Conditions and agrees to pay the amounts payable thereunder on the due date regardless of any set-off or counterclaim on the part of the Registered User against TimberAuctions or the Auctioneer.
12. INVALIDITY AND APPLICABLE LAW
12.1 If any of the provisions contained in these Conditions of Registration is or becomes invalid, illegal or unenforceable in any respect under applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. These Conditions shall in all respects be governed by and construed in accordance with English law.
TimberAuctions 29th July 2022