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c) the premises where the Auction is to be held (if not the Auctioneers premises) will be safe for that purpose and that it will be lawful to hold the Auction there; The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:- Please note that Lots are SOLD AS SEEN, are not tested nor are they guaranteed to work and/or be complete. 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. 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.
To the extent that these General Conditions are inconsistent with any special conditions set out or referred to in the Auction Catalogue or announced at the Auction, the Auctioneer may adopt the condition deemed most appropriate in the circumstances, decided at his sole discretion. Accidental Damage-Additional Information: Accidental Damage Service excludes theft, loss, and damage due to fire, flood or other acts of nature, or intentional damage. Customer may be required to return damaged unit to Dell. Limit of 1 qualified incident per contract year. For more information, consumers visit Accidental Damage Service Contract (Consumer) or commercial customers visit Accidental Damage Service Contract (Commercial). 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; 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;
Viewing dates
The Auctioneer may at any time at his sole discretion and on terms specified by him grant the Buyer an extension of the time specified in condition 9.5 above. 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;
Hard drive retention: Hard drive retention is not available on models with a soldered hard drive, including XPS 9315 2in1, Chromebooks or Venue tablets, except the Venue 11 Pro. Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions.
Auction house
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.If required, prior to removing any Lot from any Location, the Buyer must prepare a Risk Assessment and Methods Statement which complies with The Construction (Design and Management) Regulations 2007, COSHH or with any subsequent amendments thereof or such other legislation as may be in force. Any such statement is to be provided to the Company. 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. A Sale is concluded (constituting acceptance of the Bidder`s offer, subject to General Condition 7.9 above) when: Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions. No clearance on Bank or Public Holidays.
b) the value as summarily determined by the Auctioneer, whose determination shall be final and binding, of all or part of any Lot or of the premises where the Auction is held which has been damaged or destroyed by the Buyer or his principal or his agent. Sale" the sale of any Lot by Auction, private treaty or tender and as determined under General Condition 7.17 below; a) to any Lot offered for sale he will be able to pass good and unencumbered title free from third party claims; 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. c) any alleged failure of the Auctioneer properly to advertise the Auction or to seek or obtain expert advice with regard to any Lot offered for sale or its reserve price;
Venue address
The Auctioneer may decide whether there is a dispute between Bidders, may summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason. 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.
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