Cronin Naughton Properties
Auction Dates
Next auction date to be announced
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Terms & Conditions
Important
Cronin Naughton Properties T/A NCW Auctions – Auction Terms and Conditions
All parties agree to accept these terms and conditions as binding on them and all items are sold subject thereto unless otherwise expressly agreed in writing by Cronin Naughton Properties T/A NCW Auctions (the “Auctioneer”).
(1) On the fall of the gavel/hammer or other similar act which concludes the bidding, the purchaser of the item (the “Purchaser”) shall have entered into an unconditional contract to purchase the item.
All payments must be by Bank Transfer, Bank Draft or Cash. (Cheques are not accepted). Thereafter, the item shall be at the purchaser’s risk and under no circumstances shall any remedy lie against the Auctioneer or any agent or employee of the Auctioneer.
However, for the avoidance of doubt, if the purchaser has any right to a remedy against the Auctioneer, he/she hereby waives that right.
(2) The Auctioneer acts in the sale of the item as agent only and is not responsible for any default by either the Purchaser or Vendor.
The Auctioneer shall not be liable in any way whatsoever regarding such a contract and the Vendor and Purchaser shall have no rights of action except as against each other concerning any matter arising from the sale of or legal ownership of the said item.
(3) All items sold as seen unless otherwise stated by the Auctioneers.
No express or implied warranties or representations are given by the Auctioneer whether as agents or otherwise, as to the condition, hours, mileage, or description of their item in any published catalogue or advertisement. The Auctioneer does not guarantee the hours, odometer or clock reading on any item for sale. No representation is made as to the past use of any item for sale.
(4) The purchaser acknowledges that no warranty is expressed or implied and no representation has been made or relied upon.
(5) All bidders are deemed to have satisfied themselves by inspection or otherwise as to the description, size or quantities of any lot.
The final responsibility for assessing the condition of any item rests with the bidder prior to the commencement of the auction/sale.
By the act of bidding the Purchaser shall be deemed to have inspected the item purchased and to have accepted the item in its condition in all respects including all its faults and defects of whatever nature (if any). Any express or implied condition or warranty whether arising by custom, common law or by reason of the provisions of any statute with regard to the description or suitability or fitness for purpose, merchantable quality or road worthiness of the item is expressly excluded.
(6) All Items are offered for sale subject to any reserve price set by the Vendor.
The highest bidder shall be the Purchaser (in excess of the reserve) and in the event of dispute the Auctioneer shall have absolute discretion to settle the matter or to re offer the item for sale. The Auctioneers decision shall be final and binding. The Auctioneer may regulate the bidding, refuse any bid and withdraw any item without previous notice.
(7) Any items that state “plus VAT” on the catalogue will be sold exclusive of VAT.
Therefore 23% vat will be added to the hammer price. The VAT docket will be issued to purchasers by Cronin Naughton Properties T/A NCW Auctions.
(8) Purchasers Commission will apply to the hammer price as follows:
1. Fees 10% to €500 plus VAT @ 23%.
2. Fees 5% above €500 plus VAT @ 23%.
3. Maximum Fees of €1500 plus VAT @ 23% per item.
(9) The Purchaser shall fully pay for the item purchased, within 5 working days of the auction or sale.
(10) All items must be paid for and collected during the following times:
A) Auction day until 6pm;
B) Monday to Thursday 10am to 4pm on the week following the auction.
(11) In the event of a dispute the auctioneer reserves the right of settlement
(12) All deposits are fully refundable if an item is not purchased. Please allow 14 days after the auction ends for the refund to be processed.
(13) Any property found in a vehicle, or equipment shall not pass to the Purchaser until the Purchaser has made payment in full for such items. The Auctioneer reserves the right to forbid the removal from its premises of any item purchased until the payment conditions have been met in full. Items that have not been paid for under the terms of the auction may be repossessed by or on behalf of the Vendor or the Auctioneer and representatives of the Vendor of the Auctioneer who may at any time enter into any premises where the item is present for the purpose of effecting such repossession.
(14) The Auctioneer does not accept any responsibility for the loss of or from damage to any item or other property on its premises whether or not the same is entered for sale in its auction, and every person on the Auctioneers premises before, during or after the auction/sales shall be deemed to be there at his/her own risk and with notice of the condition of the premises and of the method of arranging the method of arranging the items or otherwise. Such persons shall have no claims against the Auctioneer in respect of any injury sustained or any accident which may occur from any cause whatsoever.
(15) All items that have been sold and fully paid for and which remain on the auction premises after the expiration of 5 working days after the date of the auction will incur a storage charge and the auctioneer shall be deemed to have a lien on the item thereafter.
(16) Where any item offered for sale is in such a condition as to make its use upon the public roadway or in respect of which there is a defect which at the time of sale would render the sale item a danger, including persons using or travelling in the item, there shall be deemed to be incorporated into the contract between the Vendor and the Purchaser a term that the item will not be used and is not intended for use in the condition in which it is sold to the Purchaser, together with an undertaking on the Part of the Purchaser that the item will not be used in any way contravention of the requirements in these or in any other respects imposed by the Road Traffic Acts 1961 to 1968 and the regulations and bye laws made hereunder or otherwise by law, and that the Purchaser should satisfy themselves in regard to such matters prior to the removal of the item from the auctioneers premises.
(17) An administration fee of €10 +VAT will be charged to the purchasers against every sold Lot.
(18) These terms and conditions of business shall be deemed or be incorporated into all contracts of sale effected by the Auctioneer whether by way of public auction or private treaty.
(19) The Vendor warrants to the Auctioneer that good title to the item concerned will pass to the purchaser.
(20) The auctioneer reserves the right to add additional conditions of sale to any sale it conducts. It also reserves the right to modify or withdraw any of the above conditions. In such circumstances, additions, modifications, or withdrawals will be announced at the commencement of the auction or any time during the auction.
(21) Lots will be open for online bids prior to the live auction. Sale of items will be concluded on the day of the live auction.
Please find copy of LSL Terms & Conditions here