This document forms an agreement between David Whyte and The Company
for the former to be sole agent for the sale of the items of redundant
equipment listed and the following conditions apply :-
- The sole agent agreement is to run from
agreed date which must not be before
- All equipment is offered for sale by The Company and not by David
Whyte the latter acting only as agent to the former.
- The agreed commission is to be paid to David Whyte for the sale
of any listed item sold within this period whether sold by David
Whyte, The Company or by a third party.
- David Whyte is to be paid a commission of 10% of the invoiced
selling price of any item before the addition of VAT.
- David Whyte will undertake all advertising and mailing.
- The selling prices will be proposed by David Whyte but are to be
agreed by The Company. However the prices must remain negotiable
with prospective buyers in order that the equipment can be disposed
of within the allotted time.
- The equipment is to be offered for sale in as seen condition
without any guarantee.
- The sale price of any item is to include, removal, dismantling
(if required) and loading to the purchasers transport by forklift
truck. If crane hire is required The Company reserve the right to
pass on the cost to the purchaser. If, due to constraints of time or
staffing levels, certain items cannot be removed by The Company the
purchaser may be allowed to remove these items himself. The selling
price would be reduced accordingly and the purchaser or his
appointed contractor will be required to provide proof that he is
suitably qualified and indemnified to carry out such work.
- Any dimensions or performance figures quoted should be verified
by the purchaser prior to completion of a contract.
- Operators manuals should be supplied with items if possible.
- Potential purchasers who wish to view items will be referred to
The Company to make arrangements with their staff to visit the site.
- David Whyte reserves the right to visit the site by arrangement
to gather additional information or to accompany prospective
- The name The Company will not appear in any advertising material,
reference will only be made to a processing plant in Some County.
However prospective purchasers and visitors to the site will have to
know who the vendor is.
- All items are to be paid for in full on or prior to collection
but title in the goods will pass from the vendor only when funds are
- Insurance liability for the goods transfers to the buyer at the
time of collection.
- All invoices will be raised by The Company and must carry VAT
unless the purchaser is exempt.
- Any invoices raised by The Company for the sale of used equipment
should carry the conditions of the offer and a disclaimer with
regard to matters of Health and Safety. These terms may not fall
within the scope of your normal conditions of sale.
- Failure to collect money from purchasers will not affect payment
of the commission to David Whyte.
- David Whyte will raise commission invoices monthly for payment
within the following month.
- All equipment offered for sale by The Company must be owned by
The Company. If any items offered for sale by David Whyte are
covered by lease, contract hire or hire purchase agreements the
liability for the sale of such items rests with The Company.
Signed on behalf of The Company