Procab Ltd T/A Pronuptia

Bridal shop including ex display wedding dresses, prom dresses and men's formal hire clothing and accessories.

The equipment, wedding dresses and prom dresses are being sold individually on eBay.  Please click on an item below or click HERE to view the listings.

TENDER DOCUMENT FOR GENTS CLOTHING

8897 – Procab Limited – In Liquidation T/a Pronuptia

TENDER DOCUMENT

NOTICE TO TENDERERS and SPECIAL CONDITIONS

If you wish to make any conditions on your bids, (e.g. I only want to purchase if I get Lot 1 AND Lot 2) please make your conditions clear.

END OF SALE

CONDITIONS OF SALE Standard conditions for sale of goods by tender / private treaty

1. Definitions

"Auctioneers" means JPS (Surveyors) Limited trading as "JPS Chartered Surveyors" (Company Number 5017249) whose registered 0ffice is WORTH House, Unit 32, Stanley Road, Whitefield, Manchester M45 8QX;

"Buyer" means the person film or company who purchases the Goods from the Auctioneers;

"Contract" any contract between the Vendor acting by the Auctioneers (as agents only) and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;

"Expenses" means in relation to the sale of any Goods, the Auctioneers charges and expenses, including but not limited to legal expenses, charges for insurance, catalogue and other reproductions, customs duties, packing or shipping costs, taxes, costs of testing, searches or enquiries relating to any Goods or costs of collection from a defaulting Buyer plus an amount in lieu of VAT if applicable on any expense incurred.

"Goods means any goods agreed in the Contract to be supplied to the Buyer by the Vendor (including any parts or parts of them);

"Purchase Order" means the Auctioneers' form of purchase order specifying details of the goods being the subject of the sale, the agreed price and signed by the Auctioneers (on behalf of the Vendor) and the Buyer.

"Tender Document" means the tender document supplied by the Auctioneers to prospective buyers and which shall include details of the goods which are the subject of the tender and the price offered by the prospective buyer.

"Vendor" means the person(s), firm or corporation from or through whom instructions for sale of the Goods have been received by the Auctioneers;

2. Application of Terms

The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or any other document.)

3. Capacity of Auctioneers

The Auctioneers sell as agents only for the Vendor (except where they are stated wholly or partly to own any Goods as principal) and as such are not responsible for any default by the Vendor or the Buyer.

4. Buyer's Obligations to Inspect

All Goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for general identification only. Buyers should satisfy themselves prior to the purchase as to the condition of the Goods. Any statement by the Auctioneers as to the Goods is a statement of opinion only and every person should rely on his own judgment as to all matters affecting the Goods.

5. Exclusion of Liability

5.1 Neither the Vendor of any Goods nor the Auctioneers, their servants or agents is responsible for errors of description or for the authenticity of any Goods or for any misstatement as to any matter affecting the Goods. Neither the Vendor of any Goods nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any Goods and any implied conditions or warranties are excluded.

5.2 For the avoidance of doubt, no Goods (the nature of which are motor vehicles) are warranted or held out to be road worthy and no Goods are warranted or held out to be of satisfactory quality, fit for their purpose, safe for use or complying with any statutory requirements for use, display or movement.

5.3 The Buyer acknowledges and agrees that all terms implied by the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and any other statutorily implied terms as to satisfactory quality and fitness for purpose are expressly excluded and the Buyer shall not seek to rely upon any conditions or warranties implied thereby.

5.4 No representations or warranties are made by either the Vendor or the Auctioneers as to whether any Goods are subject to copyright, nor as to whether the Buyer acquires any copyright in any Goods sold.

5.5 Every person on the Auctioneers' premises before during or after the sale shall be deemed to be there at his own risk and with notice of the condition of the premises and their contents. Such persons shall have no claim against the Auctioneers in respect of any injury sustained or any accident which may occur from any cause whatsoever.

6. Limitation on claims

Without prejudice to the provisions of clause 5 above, and save insofar as it relates to any liability which the Auctioneers may have for personal injury or death, any claim against the Auctioneers by the Buyer shall be limited to the purchase price actually paid by the Buyer to the Auctioneers with regard to the Goods.

7. Sale by Tender

7.1 Conduct

Where sale of the Goods is by tender:

7.1.1 The Auctioneers may without giving any reason refuse to accept the tender of any person and to refuse admission to its premises to any person.

7.1.2 In the case of a dispute as to any tender. the Auctioneers may immediately determine the dispute or accept the last undisputed tender or withdraw the relevant Goods.

7.1.3 The Vendor may tender for any Goods either personally or through the Auctioneers or through any other person as many times as they respectively may think fit and may withdraw any Goods.

7.2 Contract

7.2.1 Any prospective buyer submitting a tender shall do so by signing and dating the Tender Document and returning it to the Auctioneers. The signing of the Tender Document by the Buyer shall constitute a formal offer to purchase on the terms contained therein.

7.2.2 The Contract shall be concluded by the acceptance by- the Auctioneers of the successful tender. upon the signing and dating 0f the relevant Tender Document by the Auctioneers.

7.2.3 Notification of conclusion of the Contract shall be sent to all prospective buyers, and the successful Buyer shall receive a copy of the Tender Document signed by the Auctioneers together with an invoice for the Goods.

8. Sale of Goods by private treaty

The Contract for sale of goods by private treaty will be concluded by the signing and dating of the Purchase Order by both parties.

9. Terms of Payment

Payment of the price for the Goods is due within 7 days after the date of the Auctioneers' invoice. Payment shall be made by Bankers Draft or by cash in pounds sterling and payment will not be deemed to have been made until the Auctioneers are in receipt of cash or cleared funds.

10. Remedies for non-payment

10.1 If the total amount due for the Goods is not paid in accordance with Clause 9, the Auctioneers shall have the discretion, and without prejudice to any other rights which the Auctioneers and the Vendor may have, be entitled, both on the Auctioneers own behalf and as agent for the Vendor to exercise anyone or more of the following rights or remedies:

10.1.1 commence proceedings against the Buyer for damages for breach of contract;

10.1.2 rescind the contract;

10.1.3 apply any payments made by the Buyer to the Auctioneers as part of the total purchase price or otherwise towards any costs or Expenses incurred in connection with the sale and! or resale of the lot;

10.1.4 apply any payments made by the Buyer to the Auctioneers as part of the total purchase price or otherwise towards any debts owed by the Buyer to the Auctioneers in respect of any other transaction;

10.1.5 arrange and carry out a resale of the Goods by public auction or private sale in mitigation of the debt owed by the Buyer to the Auctioneers. The net sale proceeds shall be applied in reduction of the Buyer's debt. If a resale results in a lower price than the original purchase price under the Contract, then both the Auctioneers and the Vendor shall be entitled to claim the balance from the Buyer together with any costs and Expenses incurred in connection with the resale. If the resale results in a higher price than the original purchase price under the Contract then the surplus shall be paid to the Vendor In such case the Buyer waives any claim it may have to title to the Goods and agrees that any resale price shall be deemed commercially reasonable;

10.1.6 exercise a lien over any of the Buyer's property which is in the possession of the Auctioneers for any reason until payment of all outstanding amounts due to the Auctioneers by the Buyer have been paid in full. If the amount outstanding then remains unpaid for 14 days following notice being given to the Buyer by the Auctioneer of the exercise of the Lien, then the Auctioneers shall be entitled to sell such property in accordance with Clause 10.1.5 above;

10.1. 7 charge the Buyer the reasonable legal and administrative costs of the Auctioneers and the Vendor:

10.1.8 charge the Buyer interest at a rate of 5% per annum above the base rate of Barclays Bank Plc from time to time due on the total purchase price under the Contract or any outstanding balance thereof to the extent that it remains unpaid of the date for payment;

10.1.9 insure, remove and store the Goods either at the Auctioneers' premises or elsewhere at the sole risk and expense of the Buyer.

11. Risk and Title

11.1 The Goods shall be at the Buyer's risk from the date of the Auctioneers' invoice.

11.2 Ownership of the Goods shall not pass to the Buyer until the Auctioneers have received in full (cash or cleared funds), all sums due to it in respect of:

11.2.1 the Goods: and

11.2.2 all the other sums which are or which become due to the Auctioneers from the Buyer on any account.

11.3 No warranty is given by the Auctioneers that the Vendor owns or is entitled to pass good title to any lot.

12. Collection

12.1 The Buyer shall not remove any Goods at the time of sale until such time as payment of the total purchase price has been made in full in accordance with Clause 9 above.

12.2 Each Buyer shall remove his purchase by the date stated in the Tender Document (in a sale by tender) or Purchase Order (in a sale by private treaty) and in accordance with the instructions of the Auctioneers and time shall be of the essence.

12.3 Failure to remove the Goods by the specified date in accordance with Clause 12.2 above will result in the Buyer being liable for storage or removal charges whether or not the Goods have been paid for and the Auctioneers shall be entitled to pursue, inter alia. any of the action set out at clause 10 above.

13. Purchase of Motor Vehicle

The Buyer of any motor vehicle is responsible for complying with all legal requirements as to the construction and use of that vehicle and for obtaining all certificates, permits or other authorisations necessary before that vehicle can be used on any road.

14. Health and Safety At Work Etc Act 1974

Its is expressly brought to the Buyer's attention that:

14.1 at the time of sale any items of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work etc Act 1974 or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. A Buyer of any such plant, machinery or equipment is hereunder required to ensure that the use of the same at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.

14.2 certain types of plant, or main service installations could contain blue and white asbestos, dangerous chemicals etc, which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work etc Act 1974 or any other current legislation covering the use of such substances in a working environment.

15. Sale on by Buyer

In the event that the Buyer sells on the Goods or any part thereof to a third party before payment of the total purchase price under the Contract is made in full to the Auctioneers (per clause 9) the Buyer agrees to hold on trust for the Auctioneers the proceeds of that sale in a separate bank. account to the extent of all amounts outstanding and due to the Auctioneers by the Buyer in respect of any Goods.

16. Severability

In the event that any provisions of these Conditions should be held unenforceable for any reason, the remaining conditions shall remain in full force and effect.

17. Jurisdiction

These conditions shall be governed by and construed in accordance with English law. All transactions to which these conditions apply and all connected matters shall also be governed by English Law.

BID FORM

I/we the undersigned, having inspected and satisfied ourselves on the items as detailed, submit this Tender Document as an OFFER TO PURCHASE, in accordance with the Conditions of Sale, for the sums indicated, plus Buyer’s Premium at 10% and VAT, where applicable.

If successful it is understood that full payment in cleared funds must be made no later than 2 pm Monday 07^th November 2011. In the event of non payment or non collection by the stipulated dates, JPS Chartered Surveyors may resell and we will be responsible for any costs or shortfalls that may arise.

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