Terms and Conditions
1. APPLICATION OF TERMS
1.1 These are the terms and conditions that apply to Sales, together with the Special Conditions, and to the use of Our Website. Your attention is drawn in particular to clauses 5.1, 6.1 and 6.2 of the Terms and Conditions.
1.2 Please read these terms and conditions carefully before bidding on any Lots or using Our Website. You should understand that by accessing Our Website or bidding on any Lots, You agree to be bound by these terms and conditions, subject to any amendments contained in the Special Conditions. In the event of any conflict between these terms and conditions and the Special Conditions, the Special Conditions shall prevail. No offers or Bids made by You shall alter or qualify these terms and conditions unless We specifically confirm this in writing.
2. INTERPRETATION
In these terms and conditions the following words and expressions shall have the following meanings:-
“Auction” means an Online Auction or an Offline Auction (as defined below) held on the date of the sale;
“Autobid” means a Bid made using the autobid function on Our Website, where permitted by Us;
“Bid” means any offer to buy a Lot (whether as part of an Auction or any other type of sale) and whether an Autobid or otherwise;
“Bidder” means any party making a Bid;
“Buyer” means a party who buys a Lot from a Vendor;
“Buyer’s Premium” means the premium payable by Buyers in respect of the Lots that is detailed on Our Website and/or in the relevant Catalogue;
“Catalogue” means Our catalogue detailing Lots being sold by a Vendor;
“Contract” means a contract between a Buyer and Vendor for the purchase of a Lot;
"The Conditions of Sale" are collectively these Terms and Conditions of Sale and any Special Conditions.
“Lots” means those items being offered for sale by Vendors to Buyers which is the subject of the sale and is described in the relevant particulars and/or Special Conditions or any part thereof which is being offered for sale;
“Offline Auction” means an auction for the purchase of a Lot which is not an Online Auction;
“Online Auction” means an auction for the purchase of a Lot which is conducted on Our Website;
“Our Website” means www.sweeneykincaid.com;
"Particulars" means the particulars relating to the Lot and are contained in the Catalogue relating to the Auction at which it is proposed to offer the Lot for sale, or in the case of late entry, they are available (separate from the Catalogue) on Our Website immediately before the Auction.
“Private Treaty Sale” means the Sale of a Lot by negotiation between the Vendor and the Buyer which is not a Tender Sale, Online Auction or Offline Auction;
“Sale” means the sale of a Lot by a Vendor to a Buyer whether by Online Auction, Offline Auction, Private Treaty or Tender;
“Special Conditions” means any special conditions relating to a Sale which are contained on Our Website or in the relevant Catalogue and are available on (or their whereabouts are described on) Our Website, immediately before the Auction;
“Tender Sale” means the Sale of a Lot by way of a tender process with a fixed closing date (subject to these terms and conditions);
"Terms and Conditions" means this document including all schedules annexed hereto);
“VAT” means value added tax as provided for in the Value Added Tax Act 1994 and any tax similar or equivalent to value added tax or performing a similar fiscal function;
“Vendor” means the party who sells a Lot and the term includes the individual Auctioneer representing the Auctioneers and who is responsible for the conduct of the Auction;
“We/Us/Our/the Auctioneers” means Sweeney Kincaid Limited, details of which are below in clause 3; and
“You/Your” means a party who Bids on or buys a Lot.
The singular is deemed to include the plural (and vice versa) and the masculine is deemed to include the feminine (and vice versa).
All obligations, agreements or warranties given by or on behalf of the Buyer pursuant to the Particulars or The Conditions of Sale shall, where such party consists of two or more persons, be deemed to be joint or several.
The undermentioned headings do not form part of The Conditions of Sale and are only to assist ease of reference. The relevant subject matter may also be dealt with under headings apparently relating to different topics.
3. INFORMATION ABOUT US
Sweeney Kincaid Limited is a company registered in Scotland under company number SC196511 and with Our registered office at 250 Carnegie Road, Hillington Park, Glasgow, G52 4NA. Our main trading address is 250 Carnegie Road, Hillington Park, Glasgow, G52 4NA, and We operate Our Website.
4. SERVICE AVAILABILITY
We reserve the right at all times nd at our sole discretion to refuse Bids from, or restrict bidding, from certain countries, organisations, corporate entities, or individuals, and to deny or restrict access to Our Website.
5. OUR STATUS AND YOUR STATUS
5.1 Please note that we offer Lots for sale and conclude Contracts as agents on behalf of Vendors. The resulting legal contract is between the Buyer and Vendor and We are not responsible for any action or default on the part of the Vendor or Buyer.
5.2 If You Bid for a Lot You warrant that you are legally capable of entering into binding contracts and (if an individual) you are at least 18 years old.
5.3 You are deemed to be bidding on Lots as a principal on Your own behalf, unless We expressly acknowledge in writing that You are acting as the agent for another party. If We do so acknowledge that You are acting as an agent for a principal then You warrant to Us that You have the requisite power and authority to conclude Contracts on behalf of that principal.
6. CONDUCT OF SALES AND FORMATION OF CONTRACTS
Formation of Contract
6.1 Bids constitute only an offer to buy a Lot from the Vendor subject to these terms and conditions and any applicable Special Conditions. All Bids are strictly subject to acceptance by Us and if We accept Your Bid on behalf of the Vendor We will confirm such acceptance to You by issuing an invoice to you.
6.2 The Contract between You and the Vendor will only be formed when we confirm Our written acceptance by sending You the relevant invoice, whether or not Our Website states that an Auction is “closed” or that a Lot has been “sold”, and whether or not Our Website states that Your Bid is the current leading bid.
Suspension of Auctions
6.3 We reserve the right to suspend an Auction at any time. In accordance with clause 6.2 no Contract is formed between You and the Vendor until we issue an invoice to You. If an Auction is suspended then no Contract shall exist between You and the Vendor whether or not Our Website states or stated that the Auction had “closed” or a Lot had been “sold”.
Acceptance of Bids
6.4 We and the Vendor reserve the right to refuse any Bid and shall be under no obligation to accept the highest Bid for a Lot, and will be entitled to accept the whole or any part of any Bid.
Online Auctions
6.5 All Bids for Lots being sold in an Online Auction must be made via Our Website (unless we specifically permit otherwise in writing). Your Bid constitutes an offer to buy a Lot from the Vendor subject to these terms and conditions and any applicable Special Conditions. All Bids are subject to acceptance and if We accept Your Bid on behalf of the Vendor We will confirm such acceptance to You by issuing an invoice to you. The Contract between You and the Vendor will only be formed when we send You this invoice.
Autobids
6.6 We may authorise you at Our sole discretion to use Autobids and You are not entitled to do so until you have such express authorisation and have been invited to use Autobids by Us.
6.7 All Autobids must exceed any relevant minimum bid increment and otherwise be made in accordance with the guidance contained on Our Website.
Private Treaty Sales
6.8 Private Treaty Sales shall be conducted in accordance with these terms and conditions as altered by any relevant Special Conditions and/or other conditions specified by the Vendor, and no Contract shall be formed in respect of Private Treaty Sales until we confirm acceptance to You in writing by issuing the relevant invoice.
General
6.9 All Bids are subject to payment of the relevant Buyer’s Premium unless specified otherwise in the Special Conditions.
6.10 We reserve the right of admission to all Auctions and Sales including admission to any sale room or premises, or via Our Website, and the conduct of Sales shall be at Our sole discretion.
6.11 Buyers in attendance at Offline Auctions will be asked to register their name and address and will be handed a “Buyers Bidder Number” under which to Bid for Lots. Buyers who Bid for Lots on Our Website will be identified by the User ID they have used to log in to Our Website.
6.12 Bids may not be withdrawn notwithstanding any statement on Our Website including but not limited to a statement that an Auction has closed or that a reserve price has not been met. All bids shall remain valid at least until 24 hours after the time that an Auction closes.
6.13 We and the Vendor reserve the right to fix or alter a reserve purchase price on any Lot at any time before the Contract is formed, and either before, during, or after the relevant Auction, and may withdraw consolidate or divide any Lot at any time.
6.14 If Your Bid is detailed on Our Website as being the current leading bid this does not guarantee that it meets the reserve price which has been or may subsequently be set in relation to the Lot.
6.15 Bids must meet any relevant minimum bid increments as set out in the Special Conditions.
6.16 The Vendors may Bid for any Lot themselves or through Us, or by another agent approved by Us.
6.17 We reserve the right to accept commissioned Bids to purchase Lots on behalf of Bidders, providing such commissioned Bids are given in the appropriate written or electronic form, and are accepted by Us. To commission Bids You should complete the tear-out proforma included at the back of the relevant Catalogue, or complete the online form on Our Website where available, indicating the maximum price You would be prepared to Bid for each of the Lots You would like to buy, or in the case of non auction sales, Your Bid amount. Provided we accept Your commissioned Bid we will then Bid on Your behalf.
6.18 We are not responsible for any instructions to purchase Lots given to any individual whether or not such individual is employed but Us. All bids must be made through our website and no bid may be made by any other means.
6.19 You may inspect Lots only at the times and at the premises specified on Our Website, in the relevant Catalogue, or otherwise specified by Us, and to satisfy yourself on all matters affecting the Lots before Bidding.
6.20 When inspecting Lots You must not damage, dismantle or move them or plug any equipment in to electric supply outlets.
6.21 Without prejudice to the foregoing, We may (at our sole discrection) refuse any Bid (or Autobid) and may restrict the maximum Bid (or Autobid) that You may make having regard, inter alia, to the quantum of any deposit which You may have made pursuant to clause 10.
Reserve Prices
6.22 Where a reserve price is shown in respect of any Lot, We may reduce, increase, or remove, any reserve price during the course of, or within 24 hours of the closing of, any Auction. For the avoidance of doubt, any indication in respect of a Lot that a reserve has not been met is not conclusive until 24 hours after the time at which an Auction in respect of a Lot has closed.
6.23 Where a reserve price is not met We may (at our sole discretion) enter into a closed unsold process where the highest bidder at the close of the Auction may be offered an exclusivity period of up to one hour in which they shall have the chance to make a final Bid in respect of the Lot. Such exclusivity period (if offered) shall end upon the earlier of a) one hour from its commencement; or b) upon the bidder concerned making a new Bid in respect of the Lot.
7. YOUR USE OF OUR WEBSITE
7.1 We may provide links on Our Website to the websites of other companies, whether affiliated with Us or not. We do not give any undertaking or warranty in relation to the content of such websites.
7.2 No part of Our Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Our prior written permission.
7.3 While We endeavour to ensure that Our Website is normally available 24 hours a day, We shall not be liable if for any reason it is unavailable at any time or for any period.
7.4 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
7.5 While We try to ensure that the information on Our Website is correct, We do not warrant its accuracy and completeness. We do not provide any guarantee that the information contained on Our Website in relation to the status of Auctions or Lots is accurate, including but not limited to information regarding Auctions being “closed” or “suspended” or Lots being “sold”, or Bids being the current leading bid.
7.6 We may make changes to the material on Our Website at any time without notice.
7.7 In order to use Our Website to make Bids You must create an account with a registered User ID and password. You are responsible for activity undertaken under that User ID and password and must ensure that you keep these safe and do not allow any other person access to them.
8. COLLECTION, HANDLING AND CONDITION OF LOTS
8.1 Unless specified otherwise in the Special Conditions:
8.1.1 Buyers will be responsible for collection and removal of Lots purchased by them and must provide their own labour and equipment to effect such removal. Removal of Lots is at the Buyer’s expense and risk;
8.1.2 No Lot or part thereof can be removed until payment is made in full for it, together with payment of all other amounts due from You to us or the Vendor (and for the avoidance of doubt where any part of the payment is made by cheque this cheque must clear to Our satisfaction prior to removal of the relevant Lot);
8.1.3 No Lot shall be cleared without Our authority, and no Lot shall be cleared unless We or Our employees or agents are present; and
8.1.4 Removal of Lots shall take place only up to 5pm on the day of the relevant Sale and must be completed by 5pm on the day following the close of the Sale (and in every case time shall be of the essence).
8.2 We may at Our discretion require the payment of a deposit prior to and/or during the removal of any Lots, which will be refunded on such removal being completed to Our satisfaction. If the Buyer refuses to deposit such monies, we or the Vendor may refuse the Buyer access to the relevant premises for the purposes of removing the Lot and/or to rescind the Sale without penalty.
8.3 All equipment used for lifting and transporting heavy items which have been purchased, including but not limited to fork lift trucks and other lifting devices, shall be fit for their purpose and for safe operation and covered by appropriate insurance and registration documents. This documentation may be required by Us or the Vendor for inspection and we may refuse permission for the Buyer to use any such devices which we consider not to comply with the foregoing requirements.
8.4 The Buyer hereby indemnifies us and the Vendor against and will make good any injury or damage to persons or property caused by it when handling Lots, and shall insure against this obligation and indemnity.
8.5 The Buyer shall have no right to anything not described on Our Website or in the relevant Catalogue.
8.6 In exceptional circumstances we may agree to deliver Lots to You or store Lots bought by You in which case the following conditions shall apply, unless we agree otherwise in writing:
8.6.1 Delivery of the Lots shall take place at Our place of business;
8.6.2 The Lots shall be at Buyer’s risk from the time the Sale ends;
8.6.3 You shall take delivery of the Lots within 2 days of Us giving notice that the Lots are ready for delivery;
8.6.4 Any dates specified by Us for delivery of the Lots to You are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time;
8.6.5 Subject to the other provisions of these conditions We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Lots (even if caused by Our negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days;
8.6.6 We may store the Lots until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and
8.6.7 The Buyer shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for taking delivery of the Lots.
8.7 Appropriate protective clothing, such as hard hats and safety shoes, must be worn during any removal or transportation activities involving Lots and due regard paid to relevant handling practices, laws regulations and codes of practice as well as any of the Vendor’s or Our safety stipulations.
8.8 All electrical equipment and electrical supplies must be left in a safe condition during and after the removal of Lots and the use of explosives, flame cutting equipment or any other potentially hazardous or inflammatory process, shall not be permissible on the site without Our express written consent.
8.9 It is expressly brought to Your attention that, at the time of sale, any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with relevant Health and Safety or any other legislation governing the use of that plant, machinery or equipment, and no warranty is given that any Lots will so comply. From the conclusion of the relevant Contract it is the Buyer’s responsibility to ensure that such Lots will be safe and that their use does not contravene any legislation.
8.10 Certain items included in Lot(s) could contain blue and white asbestos, dangerous chemicals, or other substances which if not handled correctly during their removal from the site could result in a breach of Health and Safety legislation or other relevant legislation. It is the Buyers responsibility to comply with this legislation from conclusion of the relevant Contract.
8.11 Neither We nor the Vendor represents that any Lot sold which comprises furniture or furnishings subject to the Furniture and Furnishings (Fire & Safety) Regulations 1998, or similar legislation, are in a condition which makes them suitable for domestic use. Prior to supplying such Lots for domestic use the Buyer must therefore ensure that they comply with the requirements of such laws and regulations.
8.12 Buyers must ensure that any motor vehicles forming part of the Lots comply with all relevant Laws and Regulations and have all necessary permits, certificates and authorisations before being used and neither We nor the Vendor warrant the accuracy of any recorded mileage on any motor vehicle forming part of the Lots.
8.13 The Buyer undertakes not to disclose or make available to any third party any unlicensed software loaded on any computer equipment forming part of Lots, or any part thereof. The Buyer further undertakes to erase any such unlicensed software at the earliest opportunity, and indemnifies Us and the Vendor from any liabilities arising out of the use of any unlicensed software loaded on any hard disc equipment forming part of Lots.
8.14 Neither We nor the Vendor make any warranty whatsoever in relation to computer hardware, software and/or equipment, all of which is bought at the Buyer’s own risk.
9. RISK AND TITLE
9.1 Title to the Lots shall only pass to the Buyer upon the latter of full payment for such Lot together with any other sums due from the Buyer to Us of the Vendor, and removal of the Lot in accordance with these terms and conditions, and anyone purporting to sell Lots before having title to do so in accordance with these terms and conditions, will be deemed to hold and shall hold the sale proceeds on trust as agent for Us and the Vendor.
9.2 The Lots will be at the Buyer’s risk from the time the relevant Sale ends and the Buyer shall effect insurance for these risks at once. In no circumstances will We or the Vendor be held responsible if any Lot or part thereof is stolen damaged or destroyed after the Sale ends.
9.3 The Vendor shall only sell such title to the Lots as it may have.
9.4 Prior to clearance of any Lots We or the Vendor may rescind the Contract for the sale of that Lot should any third party claim title to or possession of any part of the Lot.
9.5 If at any time We or the Vendor establish that a Lot is subject to a charge, lien, retention of title claim or other encumbrance or that the Vendor does not have an unencumbered title thereto then either We or the Vendor may give notice in writing that the Lot is to be excluded from the relevant Sale. In this case the Buyer shall be deemed to have waived and relinquished such title as it may have acquired to such Lot and this shall not be a ground for rescinding, avoiding or varying any or all of the provisions hereof or, for recovery of any or all of the purchase price paid by the Buyer.
9.6 If the title of the Vendor to any Lot or part thereof which is transferred to the Buyer is called in to question by any third party, or if there is a dispute in relation to these Terms and Conditions, the Buyer will allow the Vendor access to the Lot(s) in question during normal business hours for the purpose of resolving such question.
9.7 If any Lots are excluded from these Terms and Conditions in accordance with Clause 9.5, the Buyer undertakes with Us and the Vendor to:-
9.7.1 deliver at its own expense the Lots on being requested to do so by Us or the Vendor to such place as we shall require; or
9.7.2 repay us or the Vendor upon demand such amount as is agreed between the Vendor and the owner of the relevant Lot or party having a claim thereto, as represents the sum recoverable from the Vendor by reason of the Buyer’s failure to deliver the Lot in accordance with sub-clause 9.7.1.
10. PRICE AND PAYMENT
10.1 Upon request by Us, You must pay a deposit of 10% (Ten per centum) (or such other percentage as We may agree with You) of any Bid made by You to ensure its acceptance as a valid Bid by Us. In the case of Heritable Property, the deposit must be a minimum of THREE THOUSAND POUNDS (£ 3,000). Such deposit shall be held by us in our client account on Your behalf until whichever is the earlier of (a) Your requesting its return; and (b) Your having successfully bid for a Lot. On the occurrence of (b) the deposit shall be held by Us to account of the Vendor unless the Lot is Heritable Property when it will be passed to the Vendor’s solicitor to be held by them on behalf of the Vendor.
10.2 Unless specified otherwise in the Special Conditions payment for the Lots, together with any other sums payable to Us or the Vendor by the Buyer, must be made in full in such form as We may specify by 4pm on the day following the end of the Auction or Sale, and in any case before clearance of the relevant Lots.
10.3 In relation to a Lot of Heritable Property, the Auctioneers reserve the right to hold the Minute of Preference and Enactment, signed by the Auctioneers on behalf of the Buyer, until the cheque tendered by the Buyer in respect of the deposit has been cleared and/or until the full deposit has been received by the Auctioneers.
10.4 We and the Vendor reserve the right to extend the period a Buyer has to make payment for any Lots or other sums due to Us or the vendor, and in this event will be entitled to charge interest in accordance with Clause 10.10.
10.5 Cheques for an amount higher than a cheque card limit will only be accepted if accompanied by a letter from Your bank stating that the cheque will be honoured.
10.6 All prices specified by Us exclude VAT which shall be payable in addition.
10.7 Where invoices or parts thereof are zero rated for VAT because Lots are to be exported from the United Kingdom, you indemnify us and the Vendor in respect of any VAT which is or may become payable in respect of those Lots and We and the Vendor shall be entitled to charge You such amount of VAT in respect of those Lots which amount shall be payable immediately by You. We and/or the Vendor may ask You to provide evidence that Lots are being exported and shall determine whether such evidence is acceptable.
10.8 VAT is payable on the Buyer’s Premium which is deemed to be a service rendered in the UK and as such not exportable.
10.9 Time is of the essence for all payments due by You under these terms and conditions.
10.10 Notwithstanding Our or the Vendor’s right to rescind from any Sale in the event of late payment, interest will be payable on monies paid by the Buyer after the relevant due date at a rate of 8% above the then base lending rate of The Royal Bank of Scotland plc.
10.11 No sale shall be valid in the event that any payment medium tendered by you shall not be honoured by a bank or other financial entity or shall be the subject of any chargeback or reversal of any payment for any reason whatsoever. In such circumstances, not only shall We proceed to sell the Lot to another purchaser, but You shall be liable to reimburse us, without limit, of all costs charges and expenses incurred by us and in addition the amount of any shortfall between the price at which you had offered to purchase the Lot and any price ultimately achieved.
11. EVENTS OF DEFAULT AND RESCISSION OF CONTRACT
11.1 We and the Vendor will be entitled to rescind any Contract where:-
11.1.1 payment of the purchase price or deposit for any Lot, or any other sum payable by the Buyer to Us or the Vendor, is not paid in accordance with these terms and conditions;
11.1.2 removal of any Lot is not made in accordance with these terms and conditions;
11.1.3 You breach any other of these terms and conditions;
11.1.4 You become insolvent or bankrupt or make any arrangement or composition with Your creditors, or shall have a receiver appointed over all or any part of Your assets, or if You take any similar action in consequence of debt; or
11.1.5 Any third party has title to or the right possession of any of the Lots .
11.2 Upon rescission of a Contract by Us or the Vendor the following provisions apply:-
11.2.1 if the Lots have been cleared either We and/or the Vendor, or Our employees or agents may enter Your premises of the Buyer to recover such Lots;
11.2.2 Lots may be re-sold or otherwise disposed of by Us or the Vendor in the manner we feel appropriate and at Our sole discretion;
11.2.3 any shortfall between the price realised for the said Lot(s) upon resale and the price originally sold for to a defaulting Buyer, together with the expenses incurred in effecting such resale and any other costs resulting from the Buyer’s default, shall be due as a debt from the defaulting Buyer. Neither We nor the Vendor shall be liable to account to a defaulting Buyer in the event of a resale at a higher price than the price originally due from a defaulting Buyer; and
11.2.4 the defaulting Buyer will be responsible for all losses and expenses incurred by Us and/or the Vendor resulting from the default, including storage, security and removal expenses, the costs of re-selling or disposing of lots and auctioneers’ commission.
CLAUSES 12 - 20 RELATE SOLELY TO LOTS WHICH COMPRISE HERITABLE PROPERTY
12. TENURE AND INTEREST
12.1 The tenure of the Lot or interest sold is as stated in the Particulars and/or Special Conditions.
12.2 The title will be taken as it stands and the Buyer will be taken bound to have satisfied himself as to the validity and sufficiency of the title and the burdens and conditions affecting same and of the Vendor's right to the Lot and its power to sell same.
12.3 The Lot is sold under burden of any servitudes and rights of wayleave and any other third party rights, real or personal, and whether or not expressed in the title deeds and howsoever created.
12.4 The Buyer shall free and relieve the Vendor or all obligations incumbent upon the Vendor to uphold and maintain any items of common property and any fences, drains, ditches, water supplies or other works within or connected with the Lot.
12.5 Minerals will be conveyed only in so far as the Vendor has right thereto and no coal mining or other minerals report will be exhibited or delivered.
12.6 The Buyer shall be deemed to have made all necessary enquiries in connection with the planning position, the status of roads, footpaths and main drains, and generally all such other matters as are normally covered by Local Authority Searches and Property Enquiry Certificates and the Vendor will not require to produce any such Certificates or Searches.
12.7 No warranty is given as to the compliance by any occupants of the Lot with legislation whether delegated or otherwise or as to the fitness of the Lot for any use or purpose. All bidders shall be held to have satisfied themselves before bidding as to whether the Lot or any property in the vicinity of the Lot constitutes contaminated land as defined in Section 78(2) of the Environmental Protection Act 1990 or as subsequently amended or any regulations made thereunder.
12.8 No searches in the Land Register, General register of Sasines, or other registers maintained by the Registers of Scotland or otherwise or the Charges Register or Company Files of the Vendor or any predecessors in title will be exhibited or delivered, nor will any letters of non-crystallisation of floating charges granted by the Vendor or any predecessors in title, and no letter of obligation shall be granted by the Vendor's solicitors.
12.9 The Vendor will be responsible for the discharge of any Standard Securities recorded or registered in respect of the Lot. Where any Lot is being sold by the Vendor as heritable creditor in possession, the Vendor will not be under any obligation to deliver (a) a discharge of the Standard Security in favour of the Vendor, (b) a discharge of any pari passu or postponed Standard Securities or charges, or (c) a discharge of any Inhibitions registered against the granter of the said Standard Security in favour of the Vendor as heritable creditor and dated after the date of recording or registration of the Standard Security.
12.10 Any plan which the Buyer may wish to incorporate in his title to the Lot or annex to the Disposition by the Vendor or which be required by the Keeper of the Registers of Scotland shall be prepared at the sole expense of the Buyer and shall not be warranted by the Vendor.
12.11 The Vendor's solicitors will be under no obligation to exhibit or deliver any evidence, including Consents, Affidavits or Renunciations, required under or by virtue of the terms of the Matrimonial Homes (Family Protection) Act 1981, as amended, or the Civil Partnerships Act 2004, except in regard to the Vendor's position.
12.12 The Lot is exposed for sale not according to the advertisement or catalogue thereof or with reference to any information, plans or documentations which may be communicated to the Purchaser before or at the said public roup but tantum et tale as it exists and as the Vendor has right thereto and no warranty is given as to descriptions, extents, boundaries, advertisements, accommodation, rentals, rateable value, feuduties, ground annuals or other payments, the allocation or unallocation thereof, leases, burdens, servitudes, building warrants, certificates of completion, planning or any orders, regulations or notices made or issued by any authority or any particulars, plats or information given by the Vendor or its agents or any farther matter or thing of any kind whatever but the Buyer admits that the Buyer has enquired and satisfied himself on all matters or otherwise he takes all risks. The whole titles will be made available (either physically or online at the absolute discretion of the Vendor) prior to the Auction on request, but only insofar as within the possession of the Vendor. If any misstatement, error or omission shall be found as regards the Lot in any manner of way whatsoever the same shall not annul the purchase or entitle the Buyer to be relieved thereof nor to claim any deduction or abatement from the price offered by the Buyer or to retain the same or any part thereof.
12.13 Where a Sale induces registration in the Land Register of Scotland, the Buyer shall be bound to accept any exclusion of indemnity made by the Keeper of the Registers of Scotland.
13. PLANNING
The Buyer shall be deemed to purchase the Lot with full notice in every respect regarding the actual use made of the Lot, and the Buyer or any prospective mortgagee shall raise no requisition or objection thereto and the Buyer shall take the Lot, subject to the said use, and nothing in the Particulars or the Conditions of Sale and nothing communicated by or on behalf of the Auctioneers shall be deemed to make a representation or war