STANDARD CONDITIONS OF SALE
1.These Standard Conditions together with those set out in the remainder of this Form of Sale are the only terms and conditions subject to which Global Endüstri Değerleme Tasfiye ve Satış Organizasyonu Ltd Şti. (“The Seller”), as seler agent for Vendor /Türkiye (“The Vendor”) will sell or offer goods to a purchaser or would-be purchaser (“The Buyer”) and all other Conditions, whether expressed or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.
2.The Seller reserves the right to withdraw any lot described in its particulars and does not bind itself or the Vendor to accept any offer in relation to any particular lot offered or to accept ‘referential’ bids from Buyers.
3.The Buyer must complete the Form of Sale (available on request from The Seller or from website-
4.Should the bidder make a bid on several items, The Seller reserve the right to consider every single bid individually.
5.The Buyer will pay The Seller a Buyers Premium of 10% on the Offer Price to which will be added Value Added Tax at the current rate. The Buyer’s Premium is not negotiable and is payable by all purchasers.
6.(a)The Buyer will only remove lots from the Vendor’s premises by previous arrangement with, and subject to the supervision of, The Seller, or its appointed representative(s);
(b)The Buyer will not be permitted to remove any lots it has purchased until all monies received by The Seller in respect thereof have been cleared;
(c)If, in the opinion of The Seller removal of any or part thereof will be likely to cause serious damage to the Vendor’s premises, or any other damage which the Buyer is unable or unwilling to rectify, The Seller may by Notice to the Buyer rescind the sale of such lot (returning the purchase money to the Buyer after deducting demage cost) or permit the removal thereof from the Vendor’s premises to proceed subject to such Conditions as it may think fit to impose
(d)Should any third party claim possession of or title to all or part of a lot prior to its removal from the Vendor’s premises, The Seller reserve the right to rescind the sale thereof or to permit the removal thereof from the Vendor’s premises subject to such conditions as it may see fit to impose.
7.The Buyer will be responsible for all damage that it, its carriers or its agents may do to the property of any third party (and in particular to the Vendor’s premises) in removing the lot(s) it has purchased. Should The Seller consider such damage likely to occur, it may require The Buyer to deposit such sum of money with The Seller, by way of security for the costs of reinstating that part of the premises likely to be damaged by the removal of a lot, as The Seller may require. Should the Buyer refuse to deposit such monies, The Seller may refuse the Buyer access to the Vendor’s premises for the purpose of collecting all or any of the lots it has purchased, or rescind the sale of such lot pursuant to Clause 5 (c) above.
8.(a)Risk in each lot shall pass to the Buyer 48 hours following the Date on which Notice of Acceptance is despatched by The Seller.
(b)Property in each lot will not pass to the Buyer until full payment has been made.
9.All lots must be cleared from the Vendor’s premises on or before the Clearance Date (as defined in the Form of Sale or will be declared later on). If any lots are not cleared in accordance with these conditions The Seller may remove the same at the expense and risk of The Buyer who shall bear the cost of making good any damage thereby occasioned to the Vendor’s premises. The Seller reserve the right to charge the Buyer a weekly storage charge equivalent to five per cent of the purchase price of each lot, which the Buyer fails to remove from the Vendor’s premises in accordance with these conditions.
10.(a) Asset(s) are purchased on an “as is, where is” basis, without representations or warranties as to condition, quality, quantity or fitness for any use whatsoever.
(b) The Seller have used their best endeavours to ensure that the descriptions of each lot appearing in the particulars are accurate but the Buyer relies upon such descriptions at its own risk. The Buyer is advised to inspect any lots for which it intends to offer for to verify the accuracy of the descriptions contained in the particulars. No lots in the particulars are sold as new. The Seller on their own behalf and on behalf of the Vendor hereby exclude all liabilities for any loss or damage or injury sustained by the Buyer as a result of, or in connection with a defect in any lot purchased, any mis-description thereof comprised in the particulars, a failure thereof to fulfil the functions for which they were intended by the Buyer or any damage or loss occasioned to the Lot(s) prior to the same being removed from the Vendor’s premises but after the passing of risk therein pursuant to Clause 7 (a) hereof, The Seller do not warrant the Vendor’s Title to any lot and each lot will be sold with such title as the Vendor may have.
11.Should any dispute arise in connection with these conditions or the particulars it shall be determined at the discretion of The Seller.
12.Should a Buyer fail to comply with any of the foregoing conditions, The Seller will be free to re-sell the lots concerned without giving notice of its intention to do so to the Buyer, and may recover any deficiency arising on such re-sale from the Buyer.
13.The Seller draw the attention of Buyers contemplating the purchase of Lots through a finance company to the importance of making such arrangements well in advance of offering so that payment can be made in accordance with these conditions.
14.Delivery of lot(s) purchased by a Buyer may not be required by him outside normal business hours and is to be made within a reasonable time following payment in full. In determining what is a reasonable time just allowance shall be made for all relevant contingencies which may arise otherwise than by the negligence of the Vendor or The Seller, and in particular, but without prejudice to the generality of the foregoing, for any suspension or failure of material services, civil commotion, strike or other industrial action, or other impediment to normal delivery outside the control of the Vendor or The Seller Neither the Vendor nor The Seller shall be required to incur any expense towards overcoming such impediment unless indemnified therefrom and put in funds to meet such expense by The Buyer. The Seller shall not be obliged to take any legal proceedings for the removal of any such aforesaid impediment to delivery of lot(s) which might in its own judgement exacerbate the matter or be detrimental to its own reputation or goodwill.
15.HEALTH AND SAFETY
It is expressly brought to the attention of the Buyer that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with Health and Safety Acts or Regulations governing the use of that plant, machinery or equipment in a working environment. Successful Buyers for any such plant, machinery or equipment are hereby required to ensure that the use of any such at a place or work does not contravene such Act or Regulation thereunder applicable thereto.
16.TOXIC CHEMICALS AND DANGEROUS SUBSTANCES
It is expressly brought to the attention of Buyers (successful or otherwise) that certain types of plant or main service installations could contain blue or 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 Acts and Regulations and Control of Substances Hazardous to Health Regulations or any other current legislations covering the use of such substances in a working environment.
SPECIAL TERMS AND CONDITIONS
i)Buyers may be required to submit method statement for approval prior to commencement of removal.
ii)All costs and liabilities related to dismantling, loading and shipping the equipment are to be born by the purchaser of the equipment.
iii)After dismantling and collecting the equipment, the buyer must leave the site in a tidy and orderly condition.
NOTICE TO PURCHASERS
LOCATION:Turkey
VIEWING:Working Days and by appointment only.
DIRECTIONS:(Please contact Global IndustryTurkey office)
CLOSING DATE:Purchasers must complete and sign the Form of Sale attached to the back of these particulars and send in a sealed envelope marked “Referans No” to Global Endüstri Değerleme Tasfiye ve Satış Organizasyonu Ltd Şti.,
Nazmi Akbaci iş Merkezi No 159 Maslak/ISTANBUL-TURKIYEand forms must be faxed to fax no: +90 (0)212 346 18 48to arrive no later thanclosing date.
NOTIFICATION:Purchasers will be submitted to The Vendor for their consideration. If approved the successful Purchasers will be notified by Global within 1 week of placing their bids.
PAYMENT DATE:Full payment of monies due in relation to each successful offer must be received by Vendor and Global Industry (Seller) w/i 3 days after notification and prior to clearance of lots.
TERMS:Payment will be in cash by Bank transfer or by LC (on Vendor’s acceptance)
Bank Details will be nominated later on
CLEARANCE:Clearance must be completed as agreed time table, in any case after full payment of monies.
SALE CONDITIONS:The attention of Purchasers is drawn to the Standard and Special Conditions of Sale set out in this document.
BUYERS PREMIUM:THE BUYER WILL PAY GLOBAL INDUSTRY A PREMIUM OF 10% ON THE ‘OFFER PRICE’ TO WHICH WILL BE ADDED VALUE ADDED TAX AT THE CURRENT RATE. THE PREMIUM IS NOT NEGOTIABLE AND IS PAYABLE BY ALL PURCHASERS.
VALUE ADDED TAX:Purchasers will be charged Value Added Tax at the applicable rates on the amount of their purchase.
Please accept my maximum bid(s) on the following lot(s). I confirm that I have inspected the lots and have read and accepted the sale terms and conditions.
/ /BIDING AMOUNT
The above offers are subject to V.A.T. as 18 %
BIDDING FORM 2
TO:GLOBAL ENDUSTRI DEĞERLEME TASFİYE VE SATIŞ ORGANİZASYONU LTD ŞTİ.
RE:
I/WE:......
ADDRESS:......
......
......
......
TEL/FAX: …………………………………………………………………………
E-MAIL......
Do hereby offer the sum of(usd)……………………., as detailed on the following pages of this bidding form, for the purchase of the under-mentioned lots described on that same page and in the event of this offer being accepted complete the purchase in accordance with the Conditions of Sale annexed hereto.
TOTAL OF INDIVIDUAL BIDS(USD)......
+ BUYER’S PREMIUM (10%)(USD)......
TOTAL BID(USD)......
(PLEASE NOTE THE COMMENTS ON BUYERS PREMIUM UNDER “NOTICE TO PURCHASERS”)
DATE…………………………………………….
SIGNED BY:…………………………………………….
PRINT NAME:…………………………………………….
POSITION WITHIN
PURCHASING COMPANY:…………………………………………….