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63 About this deal
The Auctioneer may at any time before close of the online auction withdraw or divide any Lot or combine any Lots. d) shall have insurance in respect of such indemnity and shall on request produce to the Auctioneer a receipt for the last premium due or other sufficient evidence that such insurance has been effected and remains in force. a) the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of the Lots any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and the possibility that the Buyer may not acquire title and the fact that the Buyer would have no remedy under this Agreement should that happen; c) to instruct the Auctioneer to act in accordance with these General Conditions and any special conditions. These General Conditions apply to every Auction of any or all assets, whether tangible or intangible, conducted by the Auctioneer and to any Lot offered for sale in the Auction whether that Lot includes property fixed to land or not fixed to land or any other personal property.
Within the time specified in condition 8.3 below, the Buyer shall pay the following sums to the Auctioneer in full: Auctioneer” the person conducting the Auction or to whom the conduct of the Auction is delegated under General Condition 7.12 below; The Auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason. d) Errors & omissions. Details are provided in good faith. They should not be relied upon as fact and buyers must make their own investigations where measurements, mileage, hours, condition or authenticity are critical. Buyers should make themselves satisfied they are happy with the lot before they bid as viewing is available on all lots by prior appointment, all bids are non-retractable. a) the Company cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online. The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction;Any Goods that are paid for, but not collected on the designated day of collection or with prior arrangement with the Auctioneer will be treated as abandoned. Please remember to inform us if you intend using a carrier, to avoid us disposing of goods you might think have already been collected. Clearance Date and Time" the date and time on which all Lots must be removed by the Buyer from the Location as specified in the Special Conditions; c) the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by to ten minutes remaining. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Every time a Bid is placed within ten minutes or less left in the Online Auction the time will change to ten minutes Bidding time until there are no more Bids. Such time shall then be deemed to be the close of the timed Online Auction. The Auctioneer may in his sole discretion delegate to a person whom he believes to be competent the conduct of the Auction in accordance with these General Conditions.
A Sale is concluded (constituting acceptance of the Bidder`s offer, subject to General Condition 7.9 above) when: Live Auction" any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the Catalogue; If the Auctioneer has rescinded the sale and the Lot has been resold, the Buyer shall make good any deficiency, namely: Estimated valueis Dell’s estimate of product value based on industry data, including the prices at which third-party retailers have offered or valued the same or comparable products, in its most recent survey of major online and/or off-line retailers. Third-party retailer data may not be based on actual sales. on Dell internal analysis using publicly available specs in August 2023 comparing maximum effective capacity for PowerStore 1200 and FlashArray //X20. Assumes average 4:1 data reduction for PowerStore, 5:1 for Pure Storage. Actual results vary.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. The Buyer may not remove any Lot until the Buyer has paid by cleared funds the sums specified in condition 8.2 above in full for every Lot he has bought. The Buyer undertakes to comply with the provisions of the Data Protection Act 1998 in processing data held by them in connection with any Lot. The Buyer undertakes to delete any data that may inadvertently remain on the subject hardware, save for where such data forms part of a sale of the business.
c) in the case of a private treaty or tender, when the Bidders Bid is accepted by the Company, such acceptance to be communicated to the Bidder in writing by way of receipt of the Company’s invoice. The Auctioneer may at any time in his sole discretion grant the Buyer an extension of time for complying with condition 8.2 above, in which case the Buyer shall pay to the Auctioneer in full before moving or removing the Lot interest on any unpaid sums at a rate of 1.5 per cent above Barclays Bank plc base rate in force from time to time.Auction” any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to these General Conditions and the Special Conditions; If the Lot bought is or includes a motor vehicle, no warranty is given that the vehicle may safely or lawfully be driven on the road. b) the value as summarily determined by the Auctioneer, whose determination shall be final and binding, of all a) Is responsible for detaching any Lot fixed to land and must do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without previous written permission signed by or on behalf of the Auctioneer. If the Auctioneer has rescinded the sale but the Buyer has removed the Lot bought, the Auctioneer shall be entitled without previous notice to enter upon any premises where he believes the Lot to be and remove it.
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