Please note:
For Private Treaty Property Sale:
For Dabbid.com our Standard Term & Conditions or as Follows:
Terms
” Payment should be made by Cash/Bank Draft/Certified Cheque/Debit/Credit Card
” All lots up to €10 hammer prices are subject to €2.00 inclusive of VAT
” All lots greater than €10.01 are subject to commission of 20% inclusive of VAT
” All lots must be removed by 5pm on day after the Auction.
” The Auction is held Subject to the conditions of sale.
” This sale will be conducted in Euro (€)
Conditions of Sale
1. Each Purchaser shall be deemed to have inspected and to be thoroughly acquainted with the contents and conditions of the lot or lots purchased by him, and to have purchased same subject to all faults, deficiencies, imperfections and errors (if any) of any description therein, and no allowance whatsoever shall be made in respect of any such fault, imperfection or error or any difficulty of access. Each lot is sold on the basis of ‘as is, where is, how is’.
2. The description, measurements, serial and machine numbers, quantities and weights set out in the catalogue are believed to be correct, but no guarantee or warranty is given or is to be implied as to the correctness of such descriptions measurements, quantities or weights, or the genuineness or authenticity of any lot or its fitness for any particular purpose.
3. FROM FALL OF THE HAMMER EACH LOT SHALL BE AT THE SOLE RISK OF THE PURCHASER, and must be cleared and removed without fail, at the Purchaser’s expense, in such order as the Auctioneer or their representatives shall direct NOT LATER THAN 5 pm ON THE on the following day, after which time any lot, or lots remaining on the premises will be liable for rent, rates, taxes, personnel wages and expenses, and will also be liable to be removed from the premises and left outside at the Purchaser’s risk in all respects.
4. The Auctioneer reserve the right to alter, divide, group or withdraw any lot or lots either before or at any time during the sale, or give options on any lot or lots at any time during the sale.
5. Any iron, plates, pipes, metal, or any articles which may be found under or near any lots and not mentioned in the catalogue, the Auctioneer reserves for the Vendor.
6. If any damage be done to the buildings or any other lot by taking down or removal of any lot, such damage shall be made good by, or at the expense of the person or persons committing such damage or his or their employer.
7. NO LIABILITY WILL BE ACCEPTED BY THE VENDOR OR THE AUCTIONEER FOR PERSONAL INJURIES OF ANY DESCRIPTION AND FROM WHATSOEVER CAUSE ARISING FROM OR SUSTAINED BY ANY PERSON WHILST ON THE PROPERTY OF THE VENDOR FOR THE PURPOSE OF INSPECTION, OR DURING THE SALE, OR WHILST REMOVING ITEMS FOLLOWING THE SALE, OR ON THE PREMISES OF THE AUCTIONEER IN CONNECTION WITH THE SALE.
8. Each Purchaser shall be responsible for and will release and indemnify the Vendor, their servants and agents from and against all liability for (a) personal injury (whether fatal or otherwise) (b) loss or damage to property and (c) any other loss, damage, cost and expenses however caused or incurred (except when proved to have been caused solely by the negligence of the Vendor or their servants or agents)
9. Each Purchaser shall provide all vehicles, equipment and labour necessary for the removal of lots purchased by him. Lifting from the roof of any building is prohibited.
10. Flame cutting and the use of explosives are prohibited, except by permission from the Auctioneer in writing.
11. Neither the Vendor nor the Auctioneer will hold themselves responsible for any lots while on the premises. NO LOTS SHALL BE DELIVERED OUTSIDE THE DATES AND HOURS SET OUT HEREUNDER, NOR WILL THE AUCTIONEER TRANSFER LOTS FROM ONE BUYER TO ANOTHER.
12. IF ANY DISPUTE OR DIFFERENCE ARISES IN RELATION TO ANY LOT OR THE INTERPERTATION OF THESE CONDITIONS, THE SAME SHALL BE SETTLED BY THE AUCTIONEER AND HIS DECISION SHALL BE FINAL AND BINDING ON ALL PARTIES CONCERNED.
13. If the Purchaser shall make default in payment of his purchase money, or neglect to comply with these conditions, or any of them, all money paid by him or his agent at the time of the sale shall be forfeited to the Vendor who shall be at liberty to re-sell the lot or lots at such time or times as they may think proper and without notice to the party or parties making default, either by public sale or private contract, and the deficiency (if any) shall immediately be paid by the Purchaser or Purchasers making default or neglecting to comply with these conditions, and in the case of non-payment thereof, the same shall be recoverable as and for all liquidated damages. Any surplus arising on such re-sale shall belong solely to the Vendor. This condition shall not prejudice the Vendor or Auctioneer right to enforce the contract made at this present sale.
14. Any lot which may be or be construed to be a “motor vehicle” within the meaning of Section 13 of the Sales of Goods Supply of Services Act 1980, is offered for sale upon the condition that it is agreed by the Auctioneer, on behalf of the Vendor, and the Purchaser, that such a lot is not intended for use in the condition in which it is when both offered for sale and delivered to the Purchaser.
15. Auctioneer premium is charged @ 20% inclusive of VAT.
For Resolve Auction Solutions our Standard Terms & Conditions or as Follows:
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This website may use cookies from time to time. By using this website and agreeing to these terms and conditions, you consent to our Resolve’s use of cookies in accordance with the terms of Resolve’s privacy policy.
License to use website
Unless otherwise stated, Resolve and/or its licensors own the intellectual property rights to the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
- [edit or otherwise modify any material on the website; or]
- [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
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Restricted access
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User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Resolve a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Resolve the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Resolve or a third party in each case under any applicable law.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Resolve reserves the right to edit or remove any material submitted to this website, or stored on Resolve’s servers, or hosted or published upon this website.
Notwithstanding Resolve’s rights under these terms and conditions in relation to user content, Resolve does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Resolve makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Resolve does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
Resolve will not be liable to you whether under the law of contact, the law of torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Resolve has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Resolve’s liability in respect of any:
- death or personal injury caused by Resolve’s negligence;
- fraud or fraudulent misrepresentation on the part of Resolve’s; or
- matter which it would be illegal or unlawful for Resolve to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Resolve has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Resolve’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Resolve’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Resolve.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Resolve and undertake to keep Resolve indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Resolve to a third party in settlement of a claim or dispute on the advice of Resolve’s legal advisers) incurred or suffered by Resolve arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Resolve’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Resolve may take such action as Resolve deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Resolve may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Resolve may transfer, sub-contract or otherwise deal with Resolve’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Resolve in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Irish Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Ireland