ࡱ > _ b ^ lg bjbjcTcT 4j > > G , 1 4 1 z e e e e e @ @ @ $ M : 9 @ @ @ @ @ e e @ e e @ , T e tqu D x 0 1 L T T $ @ @ @ @ @ @ @ @ @ @ 1 @ @ @ @ @ @ @ @ @ @ @ @ @ : All offers are to be made in writing and submitted to Cooney Industrial Auctions Ltd by 5PM on Tuesday 16th March 2010 . Completed Tenders should be sent to the offices of Cooney Industrial Auctions Ltd at 7A Bridgecourt Office Park, Walkinstown Ave, Dublin 12 Ireland, (Or as otherwise advised by the Auctioneers). All bids are to be made on the official tender document, this document should be completed and returned in full, with the Tender Form completed and signed. Each tender should be accompanied by a deposit in the form of EURO Bankers draft equal to 20% of the amount tendered. All Tenders submitted remain open until Friday 19th March 2010 up to which time it may not be withdrawn. These conditions and the forms and schedules annexed thereto are to be treated as one document and read as such.
The successful Tenderer(s) whose tender(s) are accepted for particular lot(s) shall be the purchaser(s) thereof and shall be informed of acceptance no later than the close of business on Thursday 18th March 2010 (unless altered at the auctioneers discretion). Unsuccessful Tenderers shall be informed of the failure of their bid(s) no later than the above date and their deposit shall be refunded in full and shall be sent in accordance with the detail indicated on their tender form. Notification of success or failure of a bid shall be sent by facsimile transmission, email, or may be notified by telephone or text message , the auctioneers the and the vender do not accept responsibility for tenders sent with inappropriate or unresponsive methods of communication and accept no responsibility for failure to notify.
The purchaser shall after notification of acceptance pay to Cooney Industrial Auctions Ltd. no later than Friday 19th March 2010 the balance of money due, this being the amount of the bids accepted plus VAT @21% thereon along with Auctioneers Fees at 10% with VAT on these Fees @ 21% less any amount already paid as deposit. This amount shall be informed to the purchaser upon notification. In this regard time is of the essence of the contract. Purchasers are required to pay the balance of money due in EURO by means of Bankers Draft or Credit Transfer only. Credit Transfer Details are provided in the notice to Purchasers section of the catalogue. Payment must be made in full before the dismantling or removal of lots
The vendor is not obliged to accept the highest or any bid made for any Lot(s). The vendor will not consider conditional or provisional tenders. The vender or their agents are permitted to negotiate with potential purchasers after the tender deadline and at their discretion accept tenders delivered after the tender deadline.
The purchaser shall be charged VAT on the amount of each lot at the rate of 21% or the rate applicable at the time of taxable delivery, unless the purchaser provides the Auctioneers with confirmation in writing from the revenue commissioners that the lot is exempt or Zero rated for VAT purposes. Purchasers shall pay Auctioneers commission at the rate of 10% on the amount of their purchases with VAT thereon at the rate of 21 % or the applicable rate. Should a purchaser be VAT registered outside the Republic of Ireland but within the EU they shall pay all VAT due to the Auctioneers and can obtain a refund from the Auctioneers upon the provision of proof of export of asset to their home country within the EU, a copy of their VAT registration certificate must be provided to the Auctioneers along with their tender.
Tenders submitted by a company or corporate entity must be signed by a director or company secretary and should state the capacity in which they sign it. Tenders submitted by a partnership shall be signed by a partner or on behalf of the partnership and should state the names of all partners to the partnership.
All purchasers will be afforded an opportunity to inspect the lots and shall be regarded as having thoroughly inspected and acquainted themselves with the condition and content of each lot purchased by them and that they have purchased each lot subject to all faults, deficiencies, imperfections and errors (if any) of description therein. No allowance whatsoever shall be allowed in respect of any such fault, imperfection, error or any difficulty of access. No warranty or representation is given or implied that any Lot, is of merchantable quality or that it is fit for the purpose for which it is intended or that any lot conforms to any description whether as to purpose, quality or quantity or otherwise notwithstanding that the vendor its agents or servants may know of any such purpose and it is a condition that any such warranty or representation (howsoever arising) is expressly excluded. Each purchaser warrants that they do not deal or purchase as consumer in relation to the vendor for any of the equipment and items comprising any lot and that they are purchasing or acquiring such equipment and items comprising any lot in the course of their trade, business or profession and that the exclusion of warranties as herein provided is reasonable. To this end the signature of the purchaser on the tender document is acceptance of this in relation to any lot(s) purchased. Each purchaser is hereby required to ensure that the use of such equipment or items comprising a lot or lots in a place of work is fully in compliance with any relevant Act, Regulation or Statutory Instrument governing the safe use of such equipment or item and hereby indemnifies the Vendor their servants or agents against any claim or action arising from their failure to do so.
Upon notification to successful purchasers each lot shall be at the sole risk of the purchaser. However title in each lot shall pass only on the removal of goods from the premises, and after full and final payment. All purchasers are strongly advised to effect appropriate insurance cover for these goods. All Lots must be removed without fail from the premises at the purchasers expense and in such order as the Auctioneers or their representatives shall direct not later than 5.00 PM on Wednesday 24th March 2010. After this time any Lot(s) remaining on the premises will be liable for rent, rates, taxes, mens wages and expenses, and will also be liable to be removed from the premises and left outside at the purchasers cost and risk in all respects. After payment has been made in full the purchaser shall be entitled to gain access to the necessary areas of the premises on, Monday 22nd Tuesday 23rd & Wednesday 24th March 2010 (No Access at Weekends or on Bank Holidays) between the hours of 10.00 AM to 5.00 PM for the purposes of dismantling and/or removing their lot(s), Purchasers should note that time is of the essence in this regard. Neither the vendor nor the Auctioneer will be held responsible for any lot(s) while on the premises. NB All purchasers are hereby notified that all removals shall be supervised by the auctioneers and/or vendors and that in regard to the method and timing of removals the auctioneers and/or vendors directions must be adhered to and shall be final and binding on all parties.
Any articles found in, on, under or near any lot(s) and not mentioned in this document shall be reserved by the Auctioneer for the vendor and are not to be considered as part of any lot(s).
The purchaser shall disconnect all supports, pipe-work, cabling, switchgear and other fittings and connections to any lot where marked or as indicated by the Auctioneers or their representatives. The purchaser shall be responsible for all damage that it, its carriers, servants or agents may do to the premises or the property of a third party. The Auctioneers may require the purchaser to deposit such sum of money with them by way of security for making good all such damage as may be likely to be occasioned by the removal of a lot or lots. Should a purchaser refuse to lodge such moneys the Auctioneer may refuse the purchaser access to the premises for the purpose of collecting all or any of the lot(s) as purchased and Condition 17 of these conditions of tender shall apply. No use shall be made of the roof structure or any other part of the premises for lifting or other purposes in connection with removal of any lot(s). Should the purchaser have any requirements in relation to the removal of any barrier to the removal of their goods they will be required to submit a detailed plan for the removal and reinstatement of any such barrier which must be approved by the vendor and the auctioneer, all purchasers are so advised to fully inspect the location of their purchases prior to bidding.
No liability will be accepted by the Landlord, Liquidator, Vendor or the Auctioneers for personal injuries of any description and from whatsoever cause arising, sustained by any person whilst on the premises for the purpose of inspection or during the sale or whilst removing any lot(s) form the premises in connection with the sale. Each purchaser shall be responsible for and will realise and indemnify the vendor, its agents and servants from and against any liability whatever in relation to each lot or otherwise for, personal injury to any person (whether fatal or otherwise), Loss or damage to any property, and, any other loss, damage, actions, proceedings, costs, claims, demands, expenses or charges however arising, present or future (except where the same shall be proved to have been caused solely by the negligence of the vendor its servants or agents). The purchaser shall maintain full and adequate insurance in respect of the risks specified in these conditions including without limitation, and shall if requested by the Auctioneers furnish satisfactory evidence of such insurance. Regardless, it shall be assumed at all times by the Vendor and the Auctioneers that this insurance cover is in place.
Each purchaser shall at their own expense provide all vehicles, equipment and labour necessary for the safe and efficient removal of lots purchased by them. This also includes any such resources required for satisfactory re-instatement of the premises. If in any case it shall be necessary for the purchaser to use cutting or lifting equipment for the removal of any lot, the purchaser shall prior to the use of any such equipment furnish the Auctioneers with evidence of insurance cover in respect of all damage that may be caused to the premises or any lot as a result of the use of such equipment.
Children shall not be permitted to enter on the premises, whether alone or accompanied by an adult at any time. Any child that obtains access to the premises by any means shall be deemed to be there at their own risk (or adults risk if accompanied by an adult). Having regard to the nature of the premises Such children or their guardians or parents shall have no claims against the vendor its servants or agents or the Auctioneers in respect of any personal injuries sustained (whether fatal or otherwise) however caused or incurred.
The vendor its servants or agents shall not be liable for any loss, damage, or injury occasioned to any purchaser, their servants or agents or to any other person or other property which may be caused by any defects, imperfections, malfunctions in any lot or lots. Likewise the vendor its servants and agents shall not be liable for any loss, damage or injury caused to any person by contamination or noxious substances whether on the premises of the vendor or contained within any lot purchased by the purchaser.
The vendor reserves the right to alter, divide, group or withdraw any lot or lots before or after the tender date. The vendor reserves the right to sell any lot or lots prior to tender. In the event of any item being withdrawn from sale the vendor their servants or agents shall not be liable for any costs or expenses incurred by the prospective purchaser. The vendor is not obliged to accept the highest or any bid for any lot or lots.
In the event of any dispute or difference arising concerning any lot or the interpretation of these conditions, the same shall be settled by the Auctioneers, whose decision shall be final and binding on all parties concerned.
If the purchaser shall make default in payment of their purchase money or neglect to comply fully with these conditions or any of them, all money paid by them their servants or agents at the time of default or neglect shall be forfeited to the vendor. The vendor shall be at liberty to re-sell the lot or lots at such time and in a manner as they may deem proper without notice to the party or parties making default, either by public or private contract, and with any deficiency being payable immediately by the defaulting or negligent purchaser. In case of non-payment by the purchaser, any amount owing to the vendor shall be recoverable as and for liquidated damages. This condition shall not prejudice the right of the Vendor or the Auctioneers to enforce any contract made hereunder and the failure of the party whose tender(s) is accepted to pay in full within the time specified shall constitute a material breach of conditions entitling the vendor to terminate the contract or to sue the purchaser for specific performance, for damages or both. The vendor shall be entitled to interest on any balance of the purchase money remaining unpaid from the closing date, up to the date of actual completion at a rate of 20% per annum compounded on a calendar monthly basis.
Each Tender and any contract made hereunder shall in all respects be construed and executed in accordance with the laws of the Republic of Ireland.
Nothing within these Conditions or in any agreement or matter connected with these conditions shall in any way affect the Estate, person or property of the Agents or Vendors.
In this catalogue and tender document quantities relating to any lot(s) are given in good faith for guidance purposes only and purchasers must confirm any such quantities or amounts for themselves before completing and signing their Tender.
The attention of all bidders is drawn to the fact that Cooney Industrial Auctions Ltd. T/A Cooney is a designated body under the terms of the The Criminal Justice Act 1994 and linked legislation, Acts and Instruments. As such a requirement may exist whereby proof of identity and address may be required from successful bidders.
The Vendor Means: BA Engineering Limited.(In Liquidation)
The Auctioneer Means: Cooney Industrial Ltd T/A Cooney
The Premises Means: The works and premises at Prussia Street, Dublin 7, Ireland,
or any place where goods the property of the vendor are located
NOTICE TO PURCHASERS
LOCATION
The premises are located at Prussia Street, Dublin 7, Ireland Please contact our office for detailed instructions. Or on day of viewing contact 087 2248344
VIEWING
The items on offer are available for viewing at the above premises Between 10AM and 5PM on Monday 15th March 2010 or by appointment during normal office hours.
TENDER DATE
All completed Tender Documents must be returned before Tuesday 16th March 2010. These Documents should be returned to the Auctioneers at 7a Bridgecourt Office Park, Walkinstown Ave, Dublin 12, Ireland. (Alternatively copies may be faxed to of emailed to the auctioneers with originals to follow by post) All tenders must be accompanied by a deposit equal to 20% of the amount bid. In the event of a tender being unsuccessful such deposit as received shall be refunded in full to the tenderer.
ACCEPTANCE OF TENDERS
All parties lodging tender documents will be notified on or before Thursday 18th March 2010 as to the success or failure in their Tender.
FINAL PAYMENT & CLEARING
All goods must be paid for in full By Friday 19th March 2010 and removed from the premises by Wednesday 24th March 2010 as per the conditions of Tender, payment will only be accepted in the form of,
EURO Bankers Draft or credit transfer (Details Below)
BANK Ulster Bank
ACCOUNT NAME Cooney Industrial Auctions ltd
ACCOUNT No. 86060139
SORT CODE 98 59 40
SWIFT CODE ULSBIE20
IBAN No. IE 05ULSB
PLEASE INDICATE SALE BY NAME ON TRANSFER BA ENG TENDER
Clearing of some lots will be specifically at the direction of the Auctioneers and all parties should liase with the Auctioneers in this regard.
MONEY LAUNDERING ACT
Successful Bidders attention is drawn to the terms of the money Laundering Act and are advised that Cooney industrial Auctions Ltd. T/A Cooney are covered by the act and have reporting obligations thereunder
VALUE ADDED TAX
21% VAT will be charged on all purchases made and will also be charged at the same rate on Auctioneers Fees.
AUCTIONEERS FEES
10% of purchase price plus VAT at the rate of 21%, these fees are payable by all parties and are not negotiable.
TENDER CONDITIONS
All tenderers are strongly advised to read and fully acquaint themselves with the conditions of tender which are included in the Tender Documents. Signing the tender form deems full acceptance of the conditions of tender and in particular that the lots are sold as is where is without any warranty whatsoever, expressed or implied.
TENDER FORM
To;
COONEY INDUSTRIAL AUCTIONS LTD. T/A COONEY
7A Bridgecourt Office Park, Walkinstown Ave
Dublin 12, Ireland
RE : B A Engineering Limited (In Liquidation)
I / We Of
d o h e r e b y T e n d e r t h e a m o u n t o f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ f o r
I / W e m a k e t h i s o f f e r s u b j e c t t h e t e r m s a n d c o n d i t i o n s o f T e n d e r a s s e t o u t i n t h e a t t a c h e d c o n d i t i o n s o f T e n d e r a n d h e r e b y a c k n o w l e d g e o u r a c c e p t a n c e o f s a m e a s b e i n g b i n d i n g . T h i s o f f e r r e m a i n s open until Friday 19th March 2010 up to which time it may not be withdrawn.
I / We enclose a EURO Bankers draft or Cash being equal to 20% of the amount tendered . In the event of my / our tender not being accepted this deposit shall be refunded in full.
The Total amount of my / our deposit is X i k w x ;
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