London 2012 Olympic and Paralympic Games - Sale One (London, UK)

Please note these items are stored in a secure building and viewing is not possible

TERMS AND CONDITIONS OF SALE

Definitions

?Asset? or ?Assets? means the asset or assets that the Buyer has agreed to purchase from the Seller, subject to these Terms and Conditions;

?Buyer? means the person or entity purchasing the Assets;

?GoIndustry DoveBid? means GoIndustry (UK) Limited (No. 04092016) whose registered office is at St. Andrew?s House, 18-20 St. Andrew Street, London EC4A 3AG;

?Notice to Purchasers? means the notice issued to the Buyer in connection with the sale of the Assets, the terms of which shall be supplementary to these Terms and Conditions;

?Protected Marks? means any trade marks, trade or business names, logos, design rights (whether registrable or otherwise), applications for any of the foregoing or any other intellectual property rights of the Seller or any Seller Affiliate, including marks and designs relating to the Olympic or Paralympic Games, any Olympic or Paralympic teams, the Olympic Symbol (i.e. the five interlocking rings of the IOC), the Paralympic Symbol (i.e. the three agitos of the International Paralympic Committee), the words ?Olympic?, ?Olympian?, ?Olympiad?, ?Paralympic?, ?Paralympian?, ?Paralympiad? (and their plurals) and/or any other word(s), motto, symbol or representation protected by the Olympic Symbol etc. (Protection) Act 1995, the London Olympic Games and Paralympic Games Act 2006 (whether as now in force or as amended in the future) or by any other legislation enacted in relation to the Olympic and/or Paralympic Games;

?Seller? means The London Organising Committee Of The Olympic Games And Paralympic Games Limited (No. 5267819) whose registered office is at One Churchill Place, London E14 5LN and its successors and assigns;

?Seller Affiliates? shall mean the IOC, the IPC, the British Olympic Association, the British Paralympic Association, the Olympic Delivery Authority or any other organising committee of an Olympic and/or Paralympic Games; and

?Terms and Conditions? shall mean these Terms and Conditions of Sale for the Assets.

As is

1. ALL ASSETS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE AS TO THE NATURE, QUALITY, QUANTITY, VALUE OR CONDITION OF ANY ASSET, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. The Buyer acknowledges that any software or intellectual property rights attaching to any Assets may not be the property of the Seller or capable of transfer by the Seller. Neither the Seller nor GoIndustry DoveBid is in any way authorising the use by the Buyer of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at the Buyer's sole risk.

2. Illustrations, pictures or videos posted on GoIndustry DoveBid?s website (the ?Site?) or otherwise provided by the Seller or GoIndustry DoveBid are for the convenience of the Buyer only. GoIndustry DoveBid has used its reasonable endeavours to ensure that the descriptions of each Asset appearing on the Site are accurate, but the Buyer relies upon such description at its own risk. Buyers should satisfy themselves prior to the sale as to the condition of the Assets and should exercise and rely on their judgment as to whether the Assets accord with their description at their own risk. Subject to the obligations accepted by GoIndustry DoveBid under these Terms and Conditions, neither the Seller nor GoIndustry DoveBid nor any of their respective employees or agents are responsible for errors of description or for the genuineness or authenticity of any Asset.

3. The Buyer acknowledges that all Assets are second hand and have been used continuously by the Seller in connection with the Olympic and/or Paralympic Games 2012 and will be subject to commensurate wear and tear as a result. Where the Assets are sold in a batch there may be greater degrees of wear and tear of the Assets within that batch and the total price paid for the Assets reflects this fact.

General

4. By submitting an offer, the Buyer represents, warrants and undertakes that it has the authority and capacity to make such an offer and purchase the Assets and that any offer that it makes constitutes an irrevocable offer to buy the Assets for the full offer amount upon these terms and conditions (and such additional terms and conditions (if any) as may be imposed by the Seller). For the purposes of these terms and conditions, we refer to any person or entity registering to offer or offering to buy goods as a "buyer" regardless of whether any contract of sale is concluded.

5. The Seller or GoIndustryDoveBid may at its discretion alter or withdraw all or any Assets for sale prior to the conclusion of an agreement for sale with the Buyer.

Payment terms

6. The Buyer shall pay to GoIndustry DoveBid such premium ("Buyer's Premium") as set forth in the Notice to Purchasers or otherwise set forth on the Site for the privately negotiated sale in question to which will be added any applicable value added tax or the equivalent or similar sales taxes in the relevant jurisdiction at the current rate. The Buyer's Premium is not negotiable and is payable by all Buyers. GoIndustry DoveBid, when acting as agent for the Seller, may also receive commission from the Seller.

7. Payment for the Assets is required as stipulated in the Notice to Purchasers or the invoice or as otherwise set forth on the Site for the privately negotiated sale in question. Buyers shall be responsible for any charges raised in respect of conversion or transfer of monies. If goods are exported, tax refunds or zero rating may apply, tax refunds (if any) will be made by GoIndustry DoveBid, subject to receipt of (i) satisfactory proof of export by the Buyer; (ii) the corresponding amount of tax refund from the relevant tax authority or the Seller and (iii) the relevant tax forms (if applicable).

8. The Buyer is advised to seek its own tax advice. The Buyer agrees that invoices may be issued in electronic form by email or otherwise.

9. If payment for any of the Assets is made by credit card, such payment may only be made by a Visa credit card unless otherwise stipulated in the Notice to Purchasers.

10. If the Buyer fails to pay for the Assets as stipulated in the Notice to Purchasers (including any delivery charges in respect of the Assets (if relevant)), the Seller shall have the right to charge interest on the overdue amount at the rate of 1 per cent. of the total overdue amount per calendar month, accruing on a daily basis from the date of the unpaid invoice until the date that payment of the overdue amount is received in full.

11. If the Buyer has still not paid any overdue amount within 30 days of the date of the unpaid invoice, the Seller and GoIndustry DoveBid shall be entitled to resell or otherwise dispose of part or all of Assets which are the subject of the unpaid invoice.

Collection/Removal

12. The Buyer will:

(a) collect the Assets that it has purchased from the Seller's premises as specified in the Notice to Purchasers no later than the date for collection set forth in the Notice Purchasers or otherwise set forth on the Site for the privately negotiated sale in question (the ?Collection Date?);

(b) only remove the Assets that it has purchased by previous arrangement with, and subject to the supervision of GoIndustry DoveBid or its agent(s) or appointed representative(s);

(c) ensure that it has an appropriate vehicle to collect the Assets that it has purchased. The Seller reserves the right to refuse collection by the Buyer if it deems, acting reasonably, that the Buyer?s vehicle is not suitable to safely transport the Assets that it has purchased;

(d) comply with any other reasonable instructions relating to the collection of the Assets that it has purchased, which are issued by the Seller and/or GoIndustry DoveBid;

(e) not be permitted to remove any Assets that it has purchased from the Seller's premises until all sums due in respect thereof have been paid;

(f) if it fails to collect the Assets that it has purchased by the date specified in the Notice to Purchasers, be liable to pay a storage fee of ?10 per week (or part of) for every pallet (or part of) that the Assets that it has purchased are required to be stored on (the ?Storage Fee?);

(g) if a Storage Fee has been incurred by the Buyer in respect of all or part of the Assets that it has purchased, not be permitted to remove any Assets that it has purchased from the Seller's premises until the Storage Fee has been paid in full. If any Assets that it has purchased have been the subject of an unpaid Storage Fee for a period of more than four weeks, the Seller and GoIndustry DoveBid shall be entitled to resell or otherwise dispose of part or all of any such Assets;

(f) be responsible for the removal and insurance of the Assets that it has purchased at its own expense; and

(e) where so requested by the Seller and/or GoIndustry DoveBid, provide method statements and/or risk assessments for the removal of the Assets to the satisfaction of the Seller and/or its appointed representative(s).

13. If, in GoIndustry DoveBid's opinion, removal of any Assets or part thereof will be likely to cause serious damage to the Seller's premises, or any other damage which the Buyer is either unable or unwilling to rectify or is being undertaken without an approved ?method statement? and/or ?risk assessment?, GoIndustry DoveBid may by notice to the Buyer rescind the sale of such Assets or permit the removal thereof from the premises to proceed subject to such conditions as it may think fit to impose. GoIndustry DoveBid shall have no responsibility to disconnect utilities to the sold Assets, including electric, gas, waste and water lines.

14. The Buyer shall provide, or ensure that their agent(s) performing removals on its behalf provide, on demand, evidence of insurance policies reasonably satisfactory to GoIndustry DoveBid and/or the Seller.

15. Without prejudice to any claims that GoIndustry DoveBid and/or the Seller may have against the Buyer for breach of contract or otherwise the Buyer will become liable from the Collection Date for all storage, security and administration expenses and the cost of and incidental to re-selling and/or otherwise disposing of un-cleared items.

16. If any Assets are offered for delivery by the Seller or its agents and the Buyer elects to take up such option at the time that it purchases any such Assets, the Buyer shall be responsible for paying all costs which are specified in respect of the delivery of such Assets and shall comply with all terms relating to delivery which are set out in the Notice to Purchasers.

17. The Buyer acknowledges that the Seller's facility is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against GoIndustry DoveBid, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the site. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of GoIndustry DoveBid or the Seller.

18. The Buyer acknowledges that neither the Seller nor its appointed representative(s) are obliged to give any other support or owes any other performance other than those described in these Terms and Conditions. In particular, the Buyer acknowledges that neither the Seller nor GoIndustry DoveBid will give any start-up assistance or trouble shooting support during re-assembling and start-up of the Assets unless otherwise agreed in writing.

International statutory compliance exclusion.

19. It is expressly brought to the Buyer's attention that, at the time of sale, any Assets:

(a) may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction or; and

(b) could contain blue or white asbestos, hazardous substances, dangerous chemicals etc. which if not handled correctly during their removal from a site could be in breach of the Health & Safety at Work Etc. Act 1974, Control of Substances Hazardous to Health Regulations 2002 or any other current legislations covering the use of such substances in a working environment in the UK, the EC, the United States or any other relevant jurisdiction. GoIndustry DoveBid has no duty to remove any hazardous substances that are contained in or are a part of any Assets.

20. The Buyer undertakes to:

(a) remove, ship and use any purchased plant and equipment within any relevant jurisdiction in a way that does not contravene any relevant legislation and in full compliance with all applicable health and safety standards and regulations; and

(b) comply with all current applicable legislations in any relevant jurisdiction and reasonable instructions by GoIndustry DoveBid in relation to the removal/disposal of waste including hazardous waste.

Exports

21. The Buyer agrees to comply with all applicable export control and related laws and regulation and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Buyers acknowledge that GoIndustry DoveBid is not the exporter of any purchased Assets unless expressly stated. GoIndustry DoveBid makes no representation or warranty concerning, and has conducted no investigation to ascertain which Assets, if any, constitute, for example, ?Restricted Technology? for US law purposes or whose export is otherwise restricted under applicable law. GoIndustry DoveBid and/or the Seller reserves the right to cancel or rescind any sale at any time in the event it determines, in its absolute discretion, that the sale does or may violate applicable export or import control or related laws and regulations.

Transfer of risk and title

22. Subject to clause 23, upon notification of acceptance of its Offer, the Buyer shall assume all risks in and relating to the Assets. The Buyer is advised to effect in respect of all such risks arising thereafter any insurance it may consider necessary. The duty of GoIndustry DoveBid and/or the Seller to make Assets available shall be deemed performed upon notification of acceptance of the Buyer?s offer even if an Asset is subsequently damaged.

23. If after notification of acceptance of its Offer GoIndustry DoveBide and/or the Seller lose or damage (beyond reasonable repair) the Asset that is the subject of that Offer, the Buyer shall be entitled to a refund of the purchase price for that Asset in the amount actually paid to GoIndustry DoveBid for that Asset. Such refund shall not include any ancillary expenses incurred by the Buyer in connection with the Asset.

24. Property and title in each Asset shall not pass to the Buyer until:

(a) full payment therefore has been received or (where payment or part payment is made by cheque) until the cheque(s) in question have been cleared; and

(b) each such Asset has been removed from the Seller's premises in its entirety.

Limitation of Liability

25. Neither the Seller nor GoIndustry DoveBid shall be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

(a) any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realise anticipated savings or profits;

(b) any loss of goodwill or reputation; or

(c) any indirect or consequential losses suffered or incurred by Buyer,

arising out of or in connection with these Terms and Conditions and any of the actions or events contemplated within them or deriving from a sale of goods pursuant to them (?Relevant Events?).

26. The aggregate respective liability of the Seller or GoIndustry DoveBid in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with any Relevant Events, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of GoIndustry DoveBid the buyer?s premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

27. The Buyer undertakes to defend (by counsel satisfactory to the Seller) and indemnify GoIndustry DoveBid, the Seller and the Seller Affiliates (the ?Indemnified Parties?) and hold the Indemnified Parties harmless from and against any claim, demand, cause of action, liability or expense (including attorneys' fees and costs) asserted against or incurred by the Indemnified Parties or any third party in connection with the sale, removal, shipment or use of any Assets that it has purchased or a breach by the Buyer of these Terms and Conditions.

28. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the negligence of the Seller or GoIndustry DoveBid or their respective employees or agents.

29. Notwithstanding any contrary provision in these Terms and Conditions, neither the Seller nor GoIndustry DoveBid limits or excludes its liability in respect of fraud, any breach of section 12 of the Sale of Goods Act 1979 or any other statutory or other liability which cannot be excluded under applicable law.

30. GoIndustry DoveBid is acting as agent of the Seller and is not responsible for acts and omissions of the Seller or any of the Seller?s principals, officers, directors, employees or other agents.

No Marketing Rights

31. The Buyer shall not:

(a) by purchasing any Asset, acquire any right, title or interest in the Protected Marks or any right to associate itself with the Seller or any Seller Affiliate or the Olympic or Paralympic Games (the ?Games?) (whether prior to, during or after the Games take place);

(b) other than where such appears directly on any Asset that it has purchased, use any Protected Marks or any trade marks, trade names or logos so resembling the Protected Marks as to be likely to cause confusion with the Protected Marks;

(c) undertake any form of ambush marketing;

(d) cause to be done, or permit anyone reasonably within the Buyer?s control to do, anything which might damage or endanger the validity or distinctiveness of, or the goodwill in, the Protected Marks; or

(e) do anything which would have an adverse effect on or embarrass the Seller, any Seller Affiliate, or any official supporter or sponsor of the Games.

32. The Buyer shall not, and (where relevant) shall draw to the attention of its employees that they shall not, without the prior written approval of the Seller use in advertising, publicity or any other communication, whether written, electronic or any other means, any Protected Mark, the name of the Seller or any Seller Affiliate, or of any of their directors or employees

33. Clauses 29 and 30 shall continue to apply without limit of time.

Third Party Rights

34. Any Supplier Affiliate may enforce the terms of Clauses 27, 31 and 32 in accordance with the Contracts (Rights of Third Parties) Act 1999 (the ?Act?).

35. The Parties to these Terms and Conditions do not require the consent of any third party to rescind or terminate these Terms and Conditions in accordance with its terms.

36. Except as expressly provided in Clause 34, no term hereunder is intended to confer a benefit on, or to be enforceable by, any person who is not a Party to these Terms and Conditions whether under the Act or otherwise.

Choice of Law and Venue

37. These Terms and Conditions and any claims (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and the Parties hereby irrevocably submit to the exclusive jurisdiction of the English courts over any claims, disputes or matter arising from these Terms and Conditions.

38. None of these Term and Conditions shall be relied upon or be enforceable under the Contract (Rights of Third Parties) Act 1999 by any third party who is not party to these Terms and Conditions.

39. In the event that any of the provisions of these Terms and Conditions shall prove to be invalid or null and void, the remainder of the provisions shall not affected thereby.

These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.

GoIndustry DoveBid

February 2011

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Source: http://www.go-dove.com/event-17079?lcid=en

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