Terms and Conditions for Nickel Blanks

SPECIAL CONDITIONS OF SALE

Relating to Sale by Public Online Auction

NICKEL BLANKS CO LIMITED

All attendees entering the site will be required to register their details confirming they agree to the terms and conditions detailed in the catalogue and on site. Failure to register will prevent access to the site.


For technical questions relating to online bidding please contact Katherine Keller at
Apex Auctions on 01273 224466


For information regarding individual lots, please contact Robert Edwards at Charterfields on 0870 0434170


1. VIEWING
Viewing will take place on site at the company premises of Nickel Blanks Co Limited on Thursday 23 October 2008 opening at 9.00am. The closing time will be strictly adhered to closing at 4.00pm. Please note, there are multiple locations:

Nickel Blanks Co Limited, 6 Smithfield, Sheffield S3 7AR
Classic Cutlery, 30 Trinity Street, Sheffield S3 7AJ
Beatson Drake, Quarry Road, Handsworth, Sheffield S13 9AZ
Jessop & Smith, Sidney Street, Sheffield S1 4RG

Prospective bidders should view and mark their catalogue as no lots will be accessible at the point of sale and are purchased as seen.

2. BIDDING
The auction will start to close from the time stated in the auction catalogue. Each lot will close at timed intervals as identified on the auction website. Where a bid is placed in the last minute prior to a lot closing, the time will be extended to
allow further bidding to take place. This will not affect the closing time of any following lots assuming no further bids are placed within the last minute those subsequent lots. Charterfields or their agents, reserve the right to cancel,block or remove any bid/bidder from the sale, if the bidder has registered before and not complied with any of the terms and conditions of sale.

By making a bid on any lot, the bidder agrees to purchase the lot at the bid price. Once a bid has been placed, it cannot be withdrawn or cancelled.

3. SALE COMMENCEMENT AND LOCATION
The auction will be an internet based online auction. Bidders will be able to view the lots online at www.charterfields.com. The auction will open at noon on Thursday 09 October 2008 and close from noon on Tuesday 28 October 2008.



4. REGISTRATION
Charterfields and their agents will verify the details provided. Any person or company who fails to comply with the conditions of sale or provides incorrect details to Charterfields, or any other auctioneers, will be prevented from registering and bidding on this or any other Charterfields sale.

Initial Registration
In order to bid with Apex Auctions, a user name and password must be registered. Click on ?Register? at the top of the home page, complete any personal or company details and submit the form. Once the information is received you are approved to bid in the ?Marketplace? section of the website.

Auction Registration
To bid in an individual auction, please register with the user name and password you created. Click on the auction from the home page, select the option ?register for this auction?, enter a credit limit for yourself (the amount you have available to
spend on ALL items that you might bid on in the auction). Once the registration is received your details will be examined and we will approve you to bid.

Bidding
To actually place your bid, click on the auction from the
home page, click on the button ?Place Bid?, under the lot(s) you wish to bid on, there are 2 options:

1. Next increment, the bid is placed for the next incremental amount
2. Autobid, a maximum amount is entered and the system will bid automatically against any other bidders up to the amount chosen.
You can check which lots you are winning, losing or have won and lost by clicking on the section ?my bids? at the very top of the page.

Once a bid has been placed, it cannot be removed.

5. NOTIFICATION OF SUCCESSFUL PARTIES
Successful bidders will be invoiced within 24 hours, by email. An invoice will follow by post. It is the bidder?s responsibility to check emails and post for notification of success.

Underbidders may be contacted if the highest bidder defaults on payment.

6. PAYMENT
DEADLINE FRIDAY 07 NOVEMBER 2008 AT NOON
NO CASH
NO BANKERS DRAFTS
NO BUILDING SOCIETY CHEQUES
NO COMPANY CHEQUES
MUST be made in full by noon on Friday 07 November 2008. Lots purchased may only be removed upon receipt by the Auctioneers of CLEARED FUNDS by one of the methods detailed below:


DEBIT CARD: BY TELEPHONE, PRIOR TO COLLECTION. PLEASE CALL
0870 0434170 TO MAKE PAYMENT. CREDIT CARDS NOT ACCEPTED.
PLEASE ENSURE THAT YOU HAVE SUFFICENT FUNDS IN YOUR
ACCOUNT WHEN MAKING THIS PAYMENT.

DIRECT BANK TRANSFER: PRIOR TO COLLECTION, BY BACS OR
CHAPS.

NOTE: BACS PAYMENT - CAN TAKE THREE WORKING DAYS FOR
PAYMENT TO CLEAR.

NOTE: CHAPS PAYMENT - SAME DAY PAYMENT IF MADE BEFORE NOON
(YOUR BANK MAY CHARGE FOR THIS SERVICE).

INTERNET BANKING: PRIOR TO COLLECTION

BANK DETAILS FOR BACS/CHAPS TRANSFERS AND INTERNET BANKING:

Sort Code: 16 00 08
Account Number: 10278714
Account Name: Charterfields Client Account
Name of Bank: Royal Bank of Scotland, Church Street, Sheffield

Please mark your payment with your company name for reference
purposes.

All attendees entering the site will be required to register their details confirming they agree to the terms and conditions of sale.

7. CLEARANCE DEADLINE FRIDAY 21 NOVEMBER 2008 AT 4.30PM
Monday 10 November to Friday 14 November between 9am and 4.30pm

Monday 17 November to Friday 21 November between 9am and 4.30pm

Charterfields will notify all persons on site 15 minutes prior to closure of the closing time. This time must be utilised to ensure you or your contractors are prepared to vacate the site by the deadline.

NOTE: Closing times will be strictly adhered to and all persons will be required to have vacated the site by the time stated.

No lots shall be removed without the authority of the Auctioneer, or its duly authorised agent or servant.

If lots have not been removed by the clearance deadline then the Conditions of Sale will be applied. (See General Conditions of Sale No 9 -Default by the Buyer).

IN RESPECT OF THIS DEADLINE, TIME IS OF THE ESSENCE AND ANY
LOTS REMAINING ON SITE AFTER THIS DEADLINE WILL BE FORFEITED
BY THE BUYER ALTHOUGH THE BUYER WILL REMAIN LIABLE FOR ANY
COSTS INCURRED BY THE AUCTIONEER DUE TO FAILURE BY THE
BUYER TO COLLECT THE GOODS BY THE SAID DEADLINE.

PLEASE NOTE - In the interest of security, access to the site during clearance times may be restricted. Please ensure that you make appropriate arrangements through the auctioneers to ensure that you are able to comply with the deadline for removal of lots from the site.

It is the bidder?s responsibility to assess and provide the necessary equipment, manpower and specialist services, where required, to disconnect, remove and load each lot purchased.

At busy periods, access for clearance to the site/lots may be restricted on the grounds of Health and Safety reasons. The buyer agrees that neither the auctioneer, vendor or agents will be liable for any claims/costs arising for the hire/use of any equipment, demurrage or contractors.

Portering staff are on site to supervise and control removals, not assist in the handling of loading of lots.

8. SITE PROCEDURE
Charterfields, their agents or sub contractors reserve the right to refuse admission or ask person to leave site where abusive or behaviour is deemed to be unacceptable. Any person seen to be acting in a manner which may put others at risk will be asked to leave site immediately.

In case of fire all visitors and contractors are to exit buildings as directed by the Auctioneer and his staff.

All visitors and contractors and their vehicles may be subject to search whilst on site.

All visitors and contractors are reminded that they are responsible for their own safety on site and enter at their own risk and should take the precaution of wearing protective clothing if appropriate.

9. HEALTH & SAFETY
Depending on the size of the removal programme, it may be that certain projects will come under the Health & Safety Executive (HSE) assuming the role of the client under Construction, Design and Management Regulations 1994 (CDM). This will be where walls, roofs, or major structural movement may take place. Any plant movement involving more that a ?Lift & Shift? situation needs to be referred to Charterfields Limited before a ?Permit to Work? is issued.

Clearance of all lots must be undertaken in accordance with current Health & Safety at Work Regulations and, where necessary, Construction, Design and Management Regulations 1994 (CDM). You may have to provide a ?Work Method Statement? and ?Risk Assessment? approved by Charterfields Limited prior to the removal of any lots. Charterfields Limited reserve the right to halt clearance if they feel, in their opinion, it is being carried out in an unsafe manner or without an approved ?Method Statement? and ?Risk Assessment?, as stated.

Disconnection / Oil / Liquid Removal
Electrical disconnections from Mains supply are the responsibility of the purchaser, unless stated otherwise, and MUST be carried out by an approved electrician.

Any fluids remaining in the machine/or lot offered for sale at the time of purchase are the responsibility of the purchaser and MUST be removed from site to conform with COSHH (Control of Substances Hazardous to Health) regulations.

10. MOTOR VEHICLES
Mileage details will not be provided either verbally or in writing.

Documents, where available, i.e. V5 documents, log books, and MOT certificates, will be made available to the purchaser. The purchaser should not assume that vehicle documents are available.

11. PROXY BIDS
At the end of the catalogue is a form upon which bids can be entered in the case of difficulty in bidding online. Bids are accepted on behalf of interested parties without liability on behalf of the auctioneers. Successful bidders only will be
notified by telephone as soon after the sale as possible, usually on the evening of the auction or on the morning following.

12. RESERVE PRICE
The auctioneer may, at his discretion, or upon the instruction of the vendor:a) alter or withdraw all or any lots referred to in this auction catalogue prior to the hammer falling in relation to a sale of such lot(s).

b) where a Reserve Price has been placed on any lot, withdraw that lot in the event that the highest bid price does not meet the Reserve Price.

c) bid, on behalf of the vendor, or accept bids from the vendor, for any lot or lots offered for sale at the auction.

13.
DESCRIPTIONS
The information contained herein as to quality, description, etc, of the goods is provided in good faith but without obligation, and prospective purchasers must rely on their own examination of the goods. Included in this auction catalogue
are our General Conditions of Sale and these Special Conditions of Sale which are applicable to the sale. Purchasers will be deemed to have read and understood these conditions. Buyers are not entitled to any goods or other items not included in the lot description in this catalogue.

14. WARRANTY
All goods are sold without warranty.

15. ELECTRICAL TESTING P.A.T
All portable electrical appliances lotted for sale have been electrical tested for safety. A P.A.T certificate does not imply the item is operational only that it is electrically safe.

16. DAMAGE TO PREMISES OR OTHER GOODS
The Buyer will be responsible for all damage occasioned to the premises or goods in the premises including damage caused by its carriers, agents or servants in removing lots purchased. At the discretion of the Auctioneer a deposit may be required prior to or during the removal of lot(s). Such deposit will be refunded subject to completion of removals to the satisfaction of the
Auctioneer or their agent. Should the Buyer refuse to deposit such monies the Auctioneer may refuse the Buyer access to the premises for the purpose of collecting all or any lots purchased. In the event that the buyer is refused access to the premises on these grounds, this shall not limit claims against the buyer in relation to a non collection of goods prior to the stated deadline.

17. INSURANCE, RISK & TITLE
Buyers should note that on being notified of their bids being successful, the goods stand at their risk but collection will not be allowed until the goods have been paid for in full by way of cleared or bank guaranteed funds. Buyers are strongly advised to immediately take advice by way of risk assessment and take
out sufficient insurance cover to protect against the risks. The duty of the Auctioneer and/or the Vendor to deliver lots shall be deemed performed upon the fall of the hammer even if a lot is subsequently damaged and/or part thereof has been lost, stolen, or damaged after the fall of the hammer. No responsibility
whatsoever will rest with the Auctioneer or Vendor in the event of any loss suffered.

18. TRANSFERS
The Auctioneers will not, under any circumstances, recognise the transfer of lots to third parties.

19. RELEASE OF GOODS
No goods will be allowed to be removed until all monies owed by the buyer have been settled in full by way of cleared funds.

20. PURCHASE OF GOODS THROUGH FINANCE COMPANY
The agents draw the attention of buyers contemplating purchasing goods through a finance company to the importance of making such arrangements well in advance of the sale so that they may make payment in accordance with the General and Special Conditions of Sale.

21. V.A.T.
All lots are subject to the addition of Value Added Tax at the standard rate except motor cars.

Non EC Purchasers: - VAT will be charged at the appropriate rate. Upon receipt of a copy of the Bill of Lading, as proof of export, the VAT will be refunded. VAT will not be refunded on the buyers premium where charged nor where documentation is not received within 4 weeks of the date of purchase.

Companies Registered in an EC Member State: -with the exception of the United Kingdom are exempt from the payment of VAT provided they supply their company name and address together with their VAT number. VAT will be charged on the buyers premium element and is non refundable.

22. ELECTRICAL DISCONNECTION
Electrical disconnections from the MAINS supply are the responsibility of the Buyer, unless stated otherwise in the catalogue. All machines and electrical equipment must be disconnected in a proper and workmanlike manner and MUST be carried out by an approved electrician. All isolation switches are to be left in-situ and are specifically excluded from the sale. All disconnections must be taken from beneath the junction box.

23. REMOVAL OF LOTS
Any person or persons seen to be acting in a manner which may endanger themselves or others, will be asked to stop and leave the site immediately.

It is the buyer?s responsibility to ensure that arrangements have been made for the removal of all Lots purchased.

Removal of lots to be undertaken by the purchaser;
Only assets with lot tickets are offered for sale;
Any purchaser seen to be damaging the premises or fabric of the buildings will be immediately asked to leave the premises.
Charterfields, their agents and porters are on site to supervise and control removals, not assist in the handling or loading of lots. Insurance cover is not in place for Charterfields to undertake handling.

24. LOCATION/DIRECTIONS TO VIEW AT PREMISES
Please go to www.streetmap.co.uk, www.multimap.co.uk,
www.google.maps.co.uk.
?To The Sale? signs will be erected on view day.