SALE BY AUCTION OF FARM MACHINERY AND LIVESTOCK

lturalCONDITIONS OF SALE FOR MACHINERY SALE BY AUCTION1. DEFINITIONSIn these conditions the following terms have the following meanings:(i) “Auctioneers” means Arnolds Keys Irelands Agricultural, a trading name ofArnolds Key LLP, CRN OC353213 whose registered address is 2 Prince of WalesRoad, Norwich, NR1 1LB3. ENTRY TO THE SALEGROUND(ii) “Commission” means the commission charged on the sale of Lots.(ii) Any person entering the Saleground must comply with the requirements ofall health and safety notices.(iii) “Conditions” means the standard terms and conditions of business set out inthis document. Any further specific conditions will be contained in a separatestatement of special conditions.Lot 296Lot 297(iv) “Entry Form” means the form to be completed and signed by the Sellerdescribing the Lot in such form as may be required by the Auctioneers beforethe Lot will be accepted for sale.(v) “Hammer Price” means the price at which a Lot is knocked down by theAuctioneers to the Buyer exclusive of any Value Added Tax and Buyer’s Premium.(vi) “Lot” means any item offered for sale or sold as a single transaction inaccordance with these Conditions.(vii) “Buyer” means a person firm or company who purchases any Lot includingany person firm or company acting as an agent for such a party in the purchaseof that Lot in accordance with the Conditions.(viii) “Reserve Price” means the minimum price fixed by the Seller in writing atwhich any Lot is to be sold at the Sale.(ix) “Sale” means a sale of the Lots by auction organised by the Auctioneers.(x) “Saleground” means the venue at which the Sale takes place.Lot 298Lot 299(xi) “Seller” means a person firm or company including any person firm orcompany acting as an agent for such a party who offers for sale a Lot inaccordance with these Conditions.(xii) “Vehicle” means any tractor self-propelled machine or other vehicles.(xiii) “VAT Auctioneers’ Scheme” means the scheme for the treatment of ValueAdded Tax by the Auctioneers made under The Value Added Tax (SpecialProvisions) Order 1995 SI 1268 (as amended).(xiv) “Working Day” means each day calculated from midnight from Monday toFriday inclusive in any week except that a Bank Holiday or other public holidayshall not be a Working Day.Except where the context otherwise requires: words denoting the singularinclude the plural and vice versa; words denoting one gender include the othergender; words denoting persons include both natural and legal persons.References to any regulation directive statute statutory instrument otherlegislation or official document include any amendment re-enactment and anyother subsequent alteration of that legislation.Lot 300Lot 3052. STATUS OF CONDITIONS OF SALE(i) The Seller has agreed to adhere to these Conditions by signing the Entry Form.(ii) Any person attending the Sale is deemed to attend on the understandingthat they have read and understood these Conditions and shall make any bid onthe basis of these Conditions.(iii) The Auctioneers may supplement or supersede these Conditions in whole orpart with special conditions applicable to a specific Sale or a specific Lot whichwill be displayed and/or announced at the start of the Sale.Lot 306Lot 308parties agree to meet the professional fees and costs of that person as he shalldirect and to be bound by his award both as the matter of the dispute and as tothe parties’ costs.(iv) Any dispute arising under these Conditions shall be determined in the firstinstance by the Auctioneers whose ruling shall be binding on the conduct ofthe auction. If such an issue remains in dispute after the auction it may bereferred by the Buyer the Seller or the Auctioneers to arbitration or if the partiesagree independent expert determination within the period of 10 working daysstarting on the date of the Sale by a person agreed between the parties indispute or failing such agreement by a person appointed by the President ofthe Central Association of Agricultural Valuers on the application of any of theparties within that time paying such fee as may be charged for that service. The(i) Any person entering the Saleground does so at their own risk.(iii) The Auctioneers reserve the right to refuse admission to any person or entryof any Lot onto the Saleground without giving any reason.4. AUCTIONEERS’ STATUS(i) The parties to the contract of sale are the Seller and Buyer.(ii) The Auctioneers sell as agents for the Seller and as such are not responsiblefor any default of the Seller or Buyer.(iii) The Auctioneers shall have discretion as to the description of any itemand may take expert advice on any item, whether from a qualified electrician,agricultural engineer or other person, at the Seller’s expense to ensure that theitem is sold in a professional and legal manner.(iv) The Auctioneers may make such announcements or publish suchinformation supplied by a Seller about any Lot as they in their discretion think fit.(v) The Auctioneers shall have absolute discretion without giving any reason: torefuse any bid; to divide any Lot; to combine any two or more Lots; to withdrawany Lot from the auction, and/or; in case of dispute, to offer any Lot for saleagain.5. EXCLUSION OF LIABILITYThe Auctioneers shall not be liable for any expense loss claim or proceedingsin respect of any loss or damage whatsoever to any property real or personal(including any Lot) nor in any respect of personal injury to or death of anyperson before or arising out of or in the course of or caused by the Sale except tothe extent that the same is due to the negligence of the Auctioneers.6. CATALOGUES AND ADVERTISEMENTS(i) The Auctioneers do not guarantee that any Lot described in any catalogueor advertisement will be offered for sale nor that any description therein canbe relied upon as accurate. Any illustrations in catalogues are for generalidentification only.(ii) The Auctioneers will not be responsible for any costs incurred by any personin reliance on the description of a Lot in the catalogue and those attending theauction will have no claim against the Auctioneers for their costs should anyadvertised Lot not be offered at that Sale.7. WITHDRAWAL OF A LOTIn all cases where a Lot once entered is not offered for sale by auction on theSeller’s instructions the Auctioneers shall be indemnified by the Seller for allexpenses incurred in relation thereto and against all claims from third partiesthat may arise.8. PRIVATE SALES(i)The Auctioneers’ consent is required for the private sale of any Lot after theSale while it is on the Saleground. That consent may be given on condition thatthe Sale is booked through the Auctioneers’ office subject to these Conditionsand in particular that any fee Commission Buyer’s Premium charge or expensedue under the Entry Form or otherwise apply as though that Lot had been soldby auction at a Hammer Price equal to the price agreed for the private sale.9. WARRANTY AND INSPECTION OF LOTS(i) The Auctioneers’ knowledge of the Lots is dependent on the informationprovided by the Seller who has warranted as to its accuracy. The Auctioneer doesnot carry out exhaustive due diligence on each Lot. The information suppliedabout Lots is not a representation of fact but a statement of opinion on the basisof the evidence reasonably available. Bidders acknowledge these points andaccept responsibility for carrying out inspections and investigations to satisfythemselves as to the Lots in which they may be interested.

arnoldskeys.com/agricultural12. BIDDING(i) No person may bid without warranting their identity to the Auctioneers.(ii) The Auctioneers may accept written instructions to bid on behalf of anyprospective Buyer but with no liability in the case of any error arising out of suchinstructions. Any instructions accepted shall be at the risk of the prospectiveBuyers who will be deemed to have viewed the Lot. The Auctioneers accept noresponsibility in connection with the commissioning of their staff to bid for a Lot.(iii) The Auctioneers may at their discretion make arrangements to receive bidsover the telephone or otherwise from prospective Buyers not physically presentat the Sale. Where such a facility is offered prospective Buyers wishing to useit must register with the Auctioneers in advance of the Sale. The Auctioneersaccept no liability in relation to telecommunications facilities and connectionsnor to the means by which such prospective Buyers may seek to communicatewith the Auctioneers.(iv) Bids shall be made exclusive of any VAT and Buyer’s Premium which mayapply.(v) The Auctioneers may refuse to accept the bidding of any person withoutgiving any reason.(vi) The person who makes the highest bid acceptable to the Auctioneers shallbe the Buyer on the fall of the hammer.(vii) A Bidder is deemed to have inspected any Lot for which he is bidding and ifsuccessful in that bidding agrees to take it with all faults and imperfections andto be responsible for ensuring its subsequent compliance with the law.(x) The Buyer warrants that he is able to pay in accordance with these Conditions.(xi) In the event of a dispute between two or more bidders as to which is theBuyer the dispute shall be settled at the absolute discretion of the Auctioneers.(xii) Transfers of purchases will only be recognised at the sole discretion of theAuctioneers. CLETTI N G S AG E N CY(iv) Where a Buyer defaults on a payment the Auctioneers reserve the right to resell the Lot and to charge the Buyer for any expenses and loss incurred by reasonof the failure of the Buyer to complete his purchase and to retain any profit thatmay arise from that resale.(v) The Auctioneers reserve the right to charge the Buyer interest on anypayment outstanding from 5 Working Days after the day of the Sale togetherwith any reasonable debt recovery charges such rates and charges for alltransactions to be those prescribed for commercial debts by the Late Payment ofCommercial Debts (Interest) Act 1998 as amended.CULT URAL PROPERURRI S A(vii) In the event of any sale by the Buyer of a Lot before full payment has beenmade the Buyer shall hold the proceeds of such sale on trust for the Auctioneersto discharge the lien referred to at Clause 14(vi).G(vi) If the Auctioneers have paid the Seller the Sale Proceeds due for a Lot beforethe Buyer has paid the Auctioneers in full for the Lot then the Auctioneers shallhave a lien on the Lot until the outstanding amount is paid by the Buyer to theAuctioneers.VEANYSD VALUATIO The Seller shall be entitled to place a Reserve Price on any Lot prior to the Salebeing the minimum amount for which the Lot may be sold.ERNS11. RESERVE PRICERCIAL PROPS The Purchaser of any vehicle or trailer is responsible for complying with all legalrequirements and road traffic laws and for obtaining all certificates, permits orother authorisations necessary before such vehicle or trailer can be used onthe road.OMELETY10. VEHICLES AND TRAILERS(iii) Where the Buyer offers cash in settlement the Auctioneers will not acceptmore than the equivalent at the time of the Sale in pounds sterling of fifteenthousand euros for transactions at any one Sale in order to comply with theMoney Laundering Regulations 2007.MN TI A L S A (vi) A Lot including any electrical item will have been inspected by an electrician.For those items which have not been inspected the plug will be removed andsold as scrap. Where electrical equipment is sold without specific instructions forits use it is the responsibility of the Buyer to seek independent advice as to itssafe operation. The Auctioneers shall have no liability for the safe operation ofthe item by the Buyer.(ii) That payment is to be by a means approved by the Auctioneers.ID E (v) If a Lot is described at the time of the Sale as in “working order” that Lot isunderstood to have no defect which renders it incapable of the reasonable workfor which it is intended.(i)Unless otherwise agreed with the Auctioneers the Buyer shall pay theAuctioneers in full on the day of the Sale for the Lot purchased together with anycharges Buyer’s Premium or other payment due under these Conditions beforeremoving that Lot from the Saleground.SRETY(iv) The Buyer must satisfy himself prior to bidding for a Lot as to its conditionand should exercise and rely on his own judgement as to whether the Lotaccords with its description. The Auctioneers shall have no liability for theaccuracy of the description of any Lot. Unless otherwise stated no warranty isgiven by the Auctioneers to the Buyer in respect of any Lot and any express orimplied conditions or warranties are excluded to the fullest extent permittedby law. It is the Buyer’s responsibility to check the Lot and ensure that itssubsequent use is compliant and that identified health and safety concerns arerectified.13. PAYMENT BY BUYERS (ii) It will be for Bidders to satisfy themselves as to health and safety matters.Bidders including the Buyer acknowledge that Lots have generally been usedand many are of an age and type which means that they are not in perfectcondition. As such they may not comply with current health and safetylegislation and may have faults not expressly referred to in the catalogue or theother information that may be available on individual Lots from the Auctioneers.14. RESPONSIBILITY FOR LOTSFrom the fall of the hammer for a Lot that Lot is the liability of the Buyer whois responsible for its safe use any damage to it and for complying with all legalrequirements.15. BUYER’S PREMIUMThere will be no buyer’s premium.16. VALUE ADDED TAXVAT at the standard applicable rate will be added to the sale price of all lotsunless they are exempt. HOLIDAYS AUCTIO N S 17. RESALE DUE TO FAILURE TO COMPLY WITH THESE CONDITIONS(i) Where a Lot has been sold to a Buyer who then fails to comply with theConditions the Auctioneers may without prejudice to any other rights theymay have resell that Lot either by public auction or private contract. If the priceachieved on resale is less than Hammer Price together with any expenses arisingthe deficit shall be due as a debt from the original Buyer of the Lot.(ii) The defaulter shall not be entitled to any part of the proceeds which may ariseby such re-sale which shall remain the property of the Auctioneers.(iii) Expenses due from the defaulter shall be deemed to include the Auctioneers’commission on the re-sale and all other expenses that would be due on a Saleunder these Conditions.18. REMOVAL OF LOTS FROM THE SALEGROUND(i) The Auctioneers accept no liability for Lots while on the Saleground whethersold or unsold.(ii) Where the Saleground is not in the permanent occupation of the Auctioneersthe Auctioneers are entitled to dispose of any Lot which (without expresswritten consent of the Auctioneers) has not been collected within 5 WorkingDays from the day on which it was sold or last offered for sale or such periodas shall have been announced in the special conditions. For the avoidance ofdoubt any monies arising from such a disposal will be paid to and retained bythe Auctioneers.19. APPLICABLE LAWThese Conditions shall be governed by and construed in accordance with thelaw of England and Wales. All transactions to which these Conditions apply andall connected matters shall also be governed by the law of England and Wales.arnoldskeys.comRESIDENTIAL LETTINGS COMMERCIAL AGRICULTURAL SURVEYS AUCTIONEERS HOLIDAYS

Lot 274Lot 263Lot 266Lot 268arnoldskeys.com/auctionsPROVIDING RURAL SURVEYING, AUCTIONAND LAND AGENCY SERVICES SINCE 18602 Prince of Wales RoadNorwich NorfolkNR1 1LB01603 6205518 Market PlaceAylsham NorfolkNR11 6EH01603 250808

164 * Ford tool box and bracket 165 * 14x40KG Ford 8210 front weights 166 * 22x45KG New Holland 8360 front weights 167 * Ford 4000 front weights x 5 168 * Ford 7000 front weights x 5 169 * Ford 6600 drawbar and drawbar bracket 170 * Ford 6600 weight tray LIVESTOCK EQUIPMENT 171-176 * Qty Electric fence stakes x 50 (6 Lots)