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TERMS
AND CONDITIONS OF SALE
- Every Sale
and these Conditions of Sale shall be governed by and construed in accordance
with English Law and shall be subject to the jurisdiction of English Courts.
- The Company
acts as Agents only in respect of goods delivered for the purpose of sale
and herein shall be known as the ‘Auctioneer’. Persons instructing the Company
to sell goods are herein known as ‘Vendors’. Persons who have acquired lots
offered for sale by the Auctioneers are herein known as ‘Purchasers’.
- All persons
attending a Sale under the conduct of the Auctioneers – whether at their
Sale Rooms or elsewhere – shall be deemed to be on the land and premises
at their own risk and shall have no claim against the Auctioneers or their
principals in respect of the cancellation / postponement of a Sale or any
loss, accident or injury, however occasioned, save in so far as the same
is proven to be caused by the direct negligence of an employee(s) of the
Company.
- The Auctioneers
make every reasonable effect to ensure the accuracy of advertisements, catalogue
descriptions and other publicity but except where specifically instructed
so to certify by a Vendor, declare that all statements oral or in writing,
are those of opinion only, made without responsibility and shall not give
rise to any action in law for damages, compensation or rescission of a sale
by a Purchaser, against any Vendor, the Auctioneers or their employees.
- Many lots
are of an age or nature which preclude their being in pristine condition.
Some catalogue descriptions may make reference to damage and / or restoration;
however, omission of such a reference does not imply the absence of others.
- Purchasers
should therefore satisfy themselves by physical inspection of lots, before
bidding, as to the origin, authenticity, quality, age, weight, size and
general description – as lots are sold in their actual sate with all faults,
imperfections or errors of description.
- Electrical
/ mechanical goods are sold on the strict understanding that these are untested,
without warranties or any guarantees as to serviceability or working order.
- Persons
handling lots do so at their own risk and shall make good all loss or damage
howsoever sustained; such estimate of cost to be assessed by the Auctioneers
whose decision shall be final.
- In making
a bid, Purchaser acknowledge their attention has been drawn to these Conditions
of Sale and that they are satisfied as to the description and condition
of lots.
- Lots are
sold subject to any announcement, declaration, alterative of description
or other matters, made by the Auctioneers prior to the invitation of bids.
- At the fall
of the hammer, the highest bidder, acceptable to the Auctioneers, shall
be the Purchaser and any dispute shall be settled by the Auctioneers, whose
decision shall be absolute and final. No lots shall be transferred.
- The Auctioneers
may divide, combine, add to or withdraw lots and make any catalogue alterations
without notice or reason; they shall regulate the advance of bidding, accept
or reject any bid (at their absolute discretion and without justification)
and bid on behalf of the Vendor, where there is a reserve price or at their
authorised discretion.
- The Purchaser
shall give his name (and permanent place of abode, if demanded) and upon
failure to do so, the Auctioneers may offer the lots again, at their sole
discretion.
- As Agents
only, the Auctioneers shall not be responsible for default on the part of
Vendors or Purchasers. Any resultant deficiency, together with interest,
costs and expenses, shall be made good by the defaulter, recoverable as
and for liquidated damages. This condition is, however, without prejudice
to the right of the Auctioneers, in appropriate circumstances, to enforce
the Sale Contract if they think fit.
- The Contract
of Sale is made with the Auctioneers, as Agents for the Vendor and payment
shall only be made to them. Notwithstanding the foregoing, the Auctioneers
shall retain a lien on all goods which shall not pass to the Purchaser until
full payment has been received.
- Unless prior
arrangements have been made with the Auctioneers, cheques in excess of recognised
limits will not be accepted from the purchasers unknown to them who have
not previously supplied a Bank or other suitable reference. In all cases,
cheques must be supported with the production of a valid Bank Card. Non
compliance with this condition may delay the release of lots, pending the
clearance of cheques.
- At the fall
of the hammer, all lots shall be and remain, in every respect, at the absolute
risk of the Purchaser, including those of fire, burglary, etc and damage
occasioned to lots by the removal of other goods.
- Purchasers
shall pay for and remove lots at their own risk and expense immediately
following the Sale; after such time they shall be subject to a daily charge
per lot to cover storage and where applicable, interest on outstanding accounts
will be levied at 4% above Lloyds TSB Bank plc Minimum Lending Rate. Such
additional charges being subject to the foregoing conditions regulating
payment and no lots shall be released to a Purchaser until any excess charges
have been paid, In any event, the Auctioneers reserve the right to resell
uncollected lots by auction or private treaty or alternatively, warehouse
goods at a Purchaser’s expense. In all cases, the Auctioneers may act without
notice and any incidental expense incurred will become a liability to the
defaulter.
- Notwithstanding
any other terms in these Conditions of Sale, if within seven days of the
Sale, a Purchaser gives notice in writing to the Auctioneers, that in his/her
opinion, a particular lot (this shall not apply to books or similar printed
matter) is a deliberate forgery, as defined below and within fourteen days
after such written notice, returns the lot to the Auctioneers in the same
condition as it was at the time of the Sale – and by producing evidence,
the burden of proof to be upon the Purchaser – satisfies the Auctioneers
that the lot is a deliberate forgery, then the Auctioneers are authorised
to and will rescind the transaction and refund the purchase price received
by them. This benefit is not assignable.
In the context of this guarantee a ‘deliberate forgery’ means a lot made
with an intention to deceive, when considered in the light of the catalogue
entry and at the date of the Sale had a value substantially less than it
would have had, had it been in accordance with the then general opinion
of experts or fairly indicated there to be a conflict of opinion. The Auctioneers
reserve the right in forming their opinion to consult and rely upon any
expert or authority considered by them to be reliable.
- The Auctioneers
are prepared to accept commission bids on behalf of intending Purchasers
unable to attend at the time of the Sale, providing requests are made in
writing and up to half an hour before the commencement of a Sale and given
to the Auctioneers or the Auction Rooms’ Manager. This service is undertaken
free of charge but without responsibility. The Auctioneers cannot be held
responsible for, not are they connected with, commission bids given to Auction
Room Porters or any other member of the Auctioneers’ staff.
- An Inclusive
Buyers premium of 17.625% is payable by all Purchasers.
- If an asterisk
precedes any lot number, VAT will also be payable on the whole hammer price.
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