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BY ORDER OF MESSRS CGJ KING AND R H KELLY OF ERNST & YOUNG LLP THE JOINT ADMINISTRATORS OF CIRCATEX GROUP LTD Circatex Group Limited
Sale#: [CIRC0506]
Complete Closure of a 250,000 Sq. Ft. Modern Multilayer Printed Circuit Board Manufacturer. |
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Documents (PDF) |
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Sale Type
Webcast & On-Location auction
Date & Time
1-Day Wed May 24, 2006 9:30am (local time)
Sale Location
South Shields, UK |
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Absentee (Proxy) Bidder Form
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Featured Items
ELECTRICAL TEST & INSPECTION
- 2005 – LUTHER & MAELZER LM40-6161 PICOPROBE FLYING PROBE
- 1998 – NIDEC REDSTAR V3CE-2C MLU BOARD TESTER
- (3) – EPC 4600 VISUAL INSPECTION UNITS AS LATE AS 1997
BONDING & DRILLING
- 1995 – OEM AUTOMATIC VACUUM HYDRAULIC MULTI LAYER PRESS
- (8) 1996 –HITACHI SEIKO ND-5P210E/10P CNC 5 HEAD DRILLS
- (11) 1995 & 1994 – HITACHI SEIKO ND-5P210E/10P 5 HEAD DRILLS
- (7) 1993 & 1992 – HITACHI SEIKO ND-5K180E/10P 5 HEAD DRILLS
- 1997 – MURAKI MMX800 X RAY DRILL
- GLENBROOK RTX-113 X-RAY
- (2) 1998 – OPTEX V2800X X RAY CO-ORDINATE MEASURING MACHINE
ROUTING & SCORING
- (9) 1996 to1993 – SCHMOLL SYSTEMS 5/5 5 HEAD ROUTERS
- 1996 – LOHR & HERRMAN LH305 SM CNC BOARD SCORER
WET PROCESS & PLATING
- 2000 – HULLMULLER GREEN LINE UNICRON IMMERSION TIN PLATING LINE
- 2000 – HOLLMULLER REMOTE GOLD CLEANING LINE
- 2000 – VANTAGE GLICOAT LINE
- 2000 & 1995 – HOLLMULLER COMBISTEM PRE CLEAN LINES
- 2000 & 1995 HOLLMULLER DES LINES
- 2001 – HOLLMULLER ALTERNATIVE OXIDE CIRCUITBOND LINE
- 1996-8 – ATOTECH UNIPLATE P/NP/CU6 (18) PLATING LINE
- 1996 – HOLLMULLER EINLAUF AUTOMATIC SILVER PLATING LINE
- (2) 1995/2 – PAL 4.5M ELETROLYTIC PLATING LINES
- 1.0M IMMERSION NICKEL PLATING LINE
SOLDERMASK
- BURKLE PT156-C LIQUID COATING UNITS
- 1997/1995 KUSTER PROBIMER COAT DRYERS
- (10) 1994 to 1990 – OLEC AP-30 & ORC PROBINER 340 EXPOSURE PRINTERS, 5, 7, & 8kw
PHOTO
- (8) ONO SOKKI Tn-890B AUTOMATIC EXPOSURE PRINTERS
- PRE CLEAN LINES
BOARD AUTOMATION
- 2001 – KUTTLER LOADERS
- 2001 – KUTTLER UNLOADERS
SITE FACILITIES
- EFFLUENT TREATMENT PLANT WITH FILTER PRESS, SCRUBBERS ETC.
- WATER SERVICES D1-38 DUPLEX DEMINERALISATION PLANT
- COMPAIR 6000 PACKAGED AIR COMPRESSORS
- COMPAIR 6180 PACKAGED AIR COMPRESSORS
- MODEN LABORATORY AND TEST EQUIPMENT
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Sale Details
Wednesday, May 24, 2006 at 9:30 AM ( BST) Absentee (Proxy) Bids & Accounting Contact: TBD
Equipment & Preview Contact(s): Scott Lonkart, +1-401-284-0772 or Jason Hall, jhall@bachellp.com or +44 (0) 113 234 4554.
Directions & Hotels: South Shields is in the North East of England, located about half way between Newcastle and Sunderland and is served by the East coast main rail line or the Newcastle International Airport (15 miles from the factory). Click here for directions, a map and a list of hotels.
Presented in conjunction with: |
Equipment Location Details
Sale-Specific Shipping & Logistics
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Local Service Providers*
*It is important to note that The Branford Group does not pack, ship, store, crate or rig items. Buyers may either pick up their items at the designated auction site personally or can arrange for a third party logistics firm to manage the removal process for them. If someone other than the registered buyer at the sale is designated to pick up those purchased assets, the buyer must: 1) Contract with an independent logistics firm or other representative who will dismantle, crate, pack, or ship your purchased items. 2) Coordinate the removal of those purchased items to meet the time deadlines indicated on this page. 3) Submit an "Agent Release Authorization" form which will allow The Branford Group to release items to a third party contractor for shipping, crating or packing purposes. *The Branford Group finds and displays one or more local logistics service providers who understand our removal process, offer specific services, and have certain skills and capacities. We offer this service to you without representations or warranties of any kind whatsoever. |
Sale-Specific Terms Summary
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Payment Deadline: |
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Within one business day after invoice date. |
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Currency: |
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GBP. |
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Language: |
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English. |
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Registration Requirements: |
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Open to the public. Free to bid onsite, via webcast or proxy. |
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Deposit: |
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See terms below. |
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Buyer's Premium: |
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12.5% of the purchase price for onsite buyers and 15% for webcast bidders. |
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VAT/Sales Tax: |
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See each location for specific percentage. All applicable state sales taxes apply. It is the responsibility of the Buyer to provide documentation necessary for exemption or refund of sales tax paid. |
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Payment Conditions: |
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 Cash (at the sale location), Wire transfers. See supporting documents for more details. |
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Shipping & Logistics: |
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The buyer (or a third party Authorized Agent contracted by the buyer) is responsible for removal of equipment. See supporting documents for more details. |
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Detailed Sale-Specific Terms & Conditions
CONDITIONS OF SALE
1. All lots - which term shall include all forms of personal property whatsoever and property fitted or affixed to land - are tendered for sale subject to these Conditions, no variation of which shall be valid unless made in writing and signed by a person duly authorised by the Auctioneer.
2. In these Conditions "the Auctioneer" shall be the company or firm or person, or his or their servant or agent, who has agreed to auction any lot; "the Seller" shall be the company or firm or person who has agreed to sell any lot; "the Buyer" shall be any company, firm or person whose bid is accepted by the Auctioneer; and "Bidder" shall mean a person who bids for any lot whether on his own behalf (in which case he shall be the Buyer if his bid is accepted by the Auctioneer) or on behalf of a third party (in which case the third party shall be the Buyer if his bid is accepted by the Auctioneer).
3. By making a bid for any lot, the Bidder agrees to be bound by these Conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting therefrom. Any bid shall be deemed to be an offer by the Bidder either on his own behalf or on behalf of a Buyer to purchase any lot tendered upon these Conditions alone.
4. The sale of any lot shall be concluded and binding at the moment when the lot is knocked down. The highest bid will be accepted save in exceptional circumstances, such circumstances to be determined by the Auctioneer whose decision shall be unchallengeable.
5. The Auctioneer shall have the sole and exclusive right at the site of the auction to determine all matters whatsoever concerning the conduct and/or effect of any auction sale or purported sale and without prejudice to the generality of the foregoing, he shall be entitled to resolve disputes between bidders, to reject any bid, to withdraw, divide or consolidate any lot or lots and he will be entitled to bid on the Seller's behalf. He will further be entitled to require proof of identity and /or of authority from any bidder.
6. The Buyer must forthwith identify himself and any principal or employer, together with appropriate means of identification, to the Auctioneer, his servants or agents and must pay 25 per cent of the sale price forthwith by way of a deposit. The total sale price, less any such sum, must be paid to the Auctioneer at his office or elsewhere as he may direct. Payment in full shall be deemed not to have occurred until any negotiable instrument has been honoured in full (or cash has been paid) such payment to be made within the time specified in the sale notes. Time of payment shall be of the essence. The Buyer shall not be entitled to remove any lot from its position at the time of the sale until the purchase price of that of that and any other lot purchased at the auction has been paid in full and in default of payment as aforesaid the Auctioneer shall have a lien upon all lots purchased by the Buyer during the same auction and shall be entitled to rescind the sale in respect of any lot or lots for which full payment is not made in due time, forfeit any deposit paid in respect of them and resell the same without any right of compensation to the Buyer. The Auctioneer shall also be entitled to charge interest upon any unpaid balance at the rate of 1 per cent above Base Rate from time to time or may be entitled to charge interest pursuant to the Late Payments of Commercial Debts (Interest) Act 1998, whichever is the greater. The Auctioneer shall also be entitled to continue to charge for storage arising after the time for removal at the rate of 25 per cent per annum of the sale price until he elects to rescind the sale, if at all, which election he may make at any time after such non-payment.
7. The title to any lot shall remain with the Seller until the full sale price and any storage and interest charges have been paid to the Auctioneer, but the risk of damage to or loss whatsoever cause and in whatsoever circumstances shall be transferred to the Buyer upon the sale.
8. The Auctioneer warrants that he will only sell lots which he believes to be owned by the Seller or to which the Seller will be able to pass a good title but should it transpire that the Seller's title to any lot is defective or that the Seller cannot pass a good title to the Buyer, the Auctioneer shall be under no obligation to the Buyer, other than to use his best reasonable endeavours (short of litigation), to procure the transfer of a good title to the Buyer and to assist the Buyer in exercising any remedies that he may have against the Seller.
9. The Buyer shall remove any lot for which he has paid in full plus other charges, if any, by the time for removal, which shall be either the time for payment or the time stated in the any sale notes of the Auctioneer, whichever shall be removed without the Auctioneer's express written consent while the Auction is continuing. The Buyer shall be responsible for the removal of the articles and such removal must be carried out safely and lawfully. Flame cutting, the use of explosives or any other potentially hazardous or inflammatory process shall not be permissible at the site without express written consent. The Buyer agrees to insure against and to indemnify the Auctioneer and the Seller against any and all claims arising in respect of injury or damage to person or property whether real or personal, caused by himself, his servants or agents of his principals or employer.
10. Exclusion of Liability
10.1 As this is a sale by auction and the Auctioneer has no historical knowledge of any lot sold by the Auctioneer, all conditions and warranties as to the condition, quality, description or fitness for any purpose of any lot are expressly excluded and neither the Seller nor the Auctioneer will be bound by or liable for any representation of any kind in relation to any lot.
10.2 Neither the Seller nor the Auctioneer shall have any liability for matters outside of their reasonable control.
10.3 Neither the Seller nor the Auctioneer shall have any liability to the Buyer or a Bidder for any: 10.4.1 consequential losses (including loss of profits and/or damage to goodwill); and/or 10.4.2 economic and/or other similar losses; and/or 10.4.3 special damages and indirect losses; and/or
10.4.4 business interruption, loss of business, contracts and/or opportunity. 10.5 Each of the limitations and/or exclusions in these Conditions shall be deemed to be repeated and apply as a separate provision for each of: 10.5.1 liability for breach of contract; 10.5.2 Liability in tort (including negligence);
10.5.3 Liability for breach of statutory duty except for clauses 10.8 and 10.9 below which shall apply once only in respect of all the said types of liability.
10.6 Any potential Buyer and/or Bidder should rely solely and exclusively upon his own inspection of any lot and should not treat statements made in sale particulars or before or during the Auction by the Seller or the Auctioneer either as representations or to be relied upon.
10.7 No vehicle is warranted or held out to be roadworthy and no lot is warranted or held out to be merchantable or safe for use or complying with statutory requirements for use, display or movement. The Auctioneer, his servants and agents have no authority to make representations.
10.8 The liability of the Auctioneer or the Seller to the Buyer or a Bidder shall be limited to the price paid by the Buyer for the lot in question provided also that the total collective liability of the Seller and the Auctioneer to the Buyer or a Bidder shall not exceed the price paid by the Buyer for the lot in question.
10.9 To the extent that any liability of the Seller or the Auctioneer would be met by any insurance of the Seller or the Auctioneer, the liability of the Seller or the Auctioneer shall be extended to the extent that such liability is met by such insurance.
10.10 If any individual exclusion or limitation of liability under this clause 10 is held to be unreasonable or unenforceable the remaining provisions of this clause 10 and these conditions of sale shall remain in full force and effect.
10.11 Nothing in these Conditions shall exclude or limit the liability of the Seller and the Auctioneer for death or personal injury due to its negligence or any liability which is due to their fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
11. The Buyer hereby undertakes to ensure that any lot he purchases will be used, moved or displayed whether at the site of the auction or elsewhere only when he has ensured that such use and/or movement and/or display is lawful and safe.
12. HEALTH AND SAFETY AT WORK ETC ACT 1974. It is expressly brought to the Bidder's and/or Buyer's attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work Etc Act 1974 or any other Act or Acts or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Buyers of any such plant, machinery or equipment are hereby required to ensure that the use of any such at a place of work within the United Kingdom does not contravene such relevant Act or Regulation thereunder applicable thereto.
13. TOXIC CHEMICALS AND DANGEROUS SUBSTANCES. It is expressly brought to the attention of Buyers and/or Bidders that certain types of plant, or main service installations could contain blue or white asbestos, dangerous chemicals etc., which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work Etc. Act 1974 Section 2-9, or any other current legislation covering the use of such substances in a working environment.
14. Where any lots or lots have been sold by count, weight or measurement, no allowance can in any case be made nor shall the Auctioneer or Seller be answerable for any deficiency in quantities, weights or measures, unless claimed for before the Buyer, his agent, carrier or man employed by him, has removed his lot or lots from the premises.
15. Should a Buyer, by himself, his servants or agents cause damage in any way to the site of the auction or damage to or loss of any lot thereat, the Auctioneer shall be entitled to exercise a lien in respect of any and all lots purchased by the Buyer until such damage or loss has been paid for in full, whether or not the lots or any of them have been paid for in full, such loss and damage to be assessed by the Auctioneer whose decision shall be final and unchallengeable. The Auctioneer's assessed sum shall be paid by the Buyer upon receipt of invoice therefore and payment shall be made forthwith, time being of the essence.
16. Neither the Auctioneer nor the Seller are to be responsible for any personal injuries which may occur prior to, or during the progress of the sale, or at any time during the removal of the lots, which must be entirely at the Buyer's risk.
17. If before title to any lot has passed to the Buyer thereof, the Buyer, being an individual, dies, enters into a composition or arrangement for the benefit of his creditors or has a Receiving Order in Bankruptcy made again him or, being a body corporate, has an Administrator, a Receiver or a Receiver and Manager appointed or goes into liquidation or enters into a composition or arrangement for the benefit of its creditors, then the contract for sale of such lot shall be automatically and without notice rescinded unless the Auctioneer elects otherwise within 2 working days of written notice of such an event. Upon rescission, any deposit paid by the Buyer shall be forfeit and the Auctioneer shall be entitled to exercise the rights set out in Clause 6.
18. If a Buyer is permitted to take possession of any lot before the full sale price has been paid, the Seller and/or Auctioneer shall be entitled to enter upon any premises of the Buyer or under his control in order to repossess such lot.
19. If, before title passes to the Buyer under these Conditions, the Buyer nevertheless purports to resell or otherwise dispose of the lot or any interest therein, the Buyer shall hold the proceeds of such sale or other disposition upon trust for the Auctioneer and the Seller jointly until title passes to the Buyer under these Conditions, if at all, and in the meantime the Buyer shall not deal with, charge or dispose of such proceeds except with the written consent of the Seller or of the Auctioneer.
20. These Conditions shall be construed in accordance with and governed by English law save in respect of sale in Scotland and Northern Ireland which shall be construed in accordance with and governed by Scottish and Northern Irish law respectively.
21. The Buyer will pay the Buyer's premium as stated in the catalogue on the hammer price plus Value Added Tax at the standard rate. The premium is not negotiable and will be charged to all Buyers. The Buyer agrees that the Auctioneer when acting as agent for the Seller may also receive a commission from the Seller.
22. The Auctioneer and its agents act only as agents of the Seller and without personal liability.
23. All software is excluded from any lots sold.
24. Bache Treharne LLP reserves the right to bid on behalf of its clients.
WEBCAST CONDITIONS OF SALE
Please read these Conditions carefully before using the Web Site and before registering to take part in an Auction. By viewing and/or using this Web Site, you agree to be bound by the conditions set out in Parts 1 and 3 below. By registering to take part in an Auction, you also agree to be bound by Part 2 and any other conditions relevant to an Auction posted on the Web Site or confirmed by e-mail to you, as well as by Parts 1 and 3 below. Bache may modify these Conditions at any time. Any such modification will be effective immediately from the time that they are posted on the Web Site. You agree to review these Conditions regularly to ensure that you are aware of any modifications made to them. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Web Site and/or register to take part in an Auction.
Part 1
1. Definitions
1.1 In these Conditions "Auction" shall mean a live webcast auction sale to be operated by Bache; "the Auctioneer" shall be the company or firm or person, or his or their servant or agent, who has agreed to auction any lot; "Seller" shall be the company or firm or person who has agreed to sell any lot; "Buyer" shall be any company, firm or person whose bid is accepted by the Auctioneer; "Bidder" shall mean a person who bids for any lot whether on his own behalf (in which case he shall be the Buyer if his bid is accepted by the Auctioneer) or on behalf of a third party (in which case the third party shall be the Buyer if his bid is accepted by the Auctioneer); "User" shall mean any person who uses the Web Site (including but not limited to a Buyer or a Bidder); "Bache" shall mean Bache Treharne LLP; "Paddle Number" shall mean the paddle number that is given to a Bidder by Bache for identification purposes when taking part in an Auction; and "Web Site" shall mean the web site operated by Bache and located at the URL www.bachellp.com.
2. Use of Web Site
2.1 The User shall only use the Web Site for lawful purposes.
2.2 When the User accesses the Web Site and/or sends an e-mail to Bache, the User is communicating with Bache electronically and consents to all communications being sent to him electronically via the e-mail address that the User provides to Bache. The User agrees that such communications will satisfy any legal requirement for the communication to be in writing.
2.3 The User will ensure that any material that he sends or transmits via the Web Site is legal, decent, honest and truthful.
2.4 The User will comply with all generally accepted principles of Internet usage including but not limited to not:-
2.4.1 sending unsolicited mass communications;
2.4.2 sending mail bombs, trojan horses, viruses or other disruptive programs or code;
2.4.3 copying software or other proprietary materials without the appropriate authorisation;
2.4.4 impersonating any person or entity or misrepresenting the User's connection with a person or entity;
2.4.5 interfere with or disrupt the use of the Web Site;
2.4.6 breach any rules, regulations or laws applicable to the use of the Web Site; and/or
2.4.7 violating the security of the Web Site or engaging in unauthorised decompilation and/or decryption of protected materials.
3. Registration
3.1 If the User registers to take part in an Auction, Bache will confirm acceptance of the User's registration (subject to clause 3.5 below) and will provide the User with a Paddle Number by e-mail to the address that the User has provided to Bache. The User should print off a copy of this e-mail for his records.
3.2 The User will be fully responsible for his Paddle Number (except to the extent that Bache has been negligent in relation to the security of the Paddle Number) and the User shall not transfer or disclose it to any third party.
3.3 The User will promptly notify Bache of any suspected breach of confidentiality and/or unauthorised use of the User's Paddle Number.
3.4 By registering to take part in an Auction, the User warrants that:-
3.4.1 he is over 18 years old;
3.4.2 he has authority to bid and to enter into a binding agreement to purchase the assets;
3.4.3 all information provided by the User to Bache is true and accurate at the time of registration;
3.4.4 all information provided by the User to Bache will be regularly updated so as to ensure that it is true and accurate at all times.
3.5 Bache shall be entitled at its discretion to refuse and/or to revoke at any time and for any reason, the User's registration.
3.6 Bache may at any time after acceptance of a User's registration and for any reason, refuse to permit a User to participate in any Auction including but not limited to if Bache suspects that the User has been involved in fraudulent activity or money laundering.
3.7 Bache shall be required by law to report any evidence or suspicion of money laundering to the appropriate authority and is prohibited from notifying the User or Bidder of the fact that a report has been made.
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