CONDITIONS OF SALE
1. The Highest Bidder to be the purchaser, subject to the reservation that the Auctioneer shall have the right of regulating the biddings; of REJECTING ANY BID; or determining in his absolute discretion all Disputes regarding the biddings or any other matters arising under these conditions; and also biddings for, WITHDRAWING, CONSOLIDATION, DIVIDING OR ALTERING THE ORDER OF THE LOTS.
2. If any DISPUTE arises, between two or more bidders, the lot in dispute to be immediately put up again and resold, the bidding to be regulated by the Auctioneer.
3. Each lot must be taken with all miss descriptions, faults, errors and imperfections of every description if any; to be taken at the purchaser’s own risk at the fall of the hammer, at which time the purchaser must give his or her name and address and if required pay down the whole amount of his or her purchase money. No CONTRA ACCOUNT of any description whatever will be allowed as a set off, and payment of lots is to be made to the Auctioneer or his Clerk Only and purchases paying by CHEQUE MUST GIVE SATISFACTORY REFERENCES, PREFERABLY A BANKERS REFERENCE.
4. In case the quantity of any lot sold by number or otherwise be disputed, no allowance will be made on the same, unless the auctioneer is communicated with before removal.
5. NO LOT TO BE REMOVED PREVIOUS TO BEING PAID FOR, Each purchaser to pay the amount of his account for all the Lots purchased by him before any lot or lots can be removed, and the amount due from such purchaser must be absolutely paid before goods are delivered.
6. All monies paid are held in a Clients Account with Handelsbanken, First Floor, The Hall, Lairgate, Beverley, HU17 8HL, Account Number 64529542. Any interes realised will be retained by Chris Clubley & Co Ltd.
7. For all purposes of this sale THE AUCTIONEER SHALL BE DEEMED TO BE THE AGENT OF BOTH VENDOR AND PURCHASER.
8. NO PERSON SHALL BE ALLOWED TO RETRACT THEIR BIDDING. The Auctioneer will not RECOGNISE THE TRANSFER of any lot from one purchaser, to another, nor make any alteration in the sale book in respect thereof, nor will he be responsible for any loss occasioned by FIRE, ACCIDENT, THEFT OR OTHERWISE.
9. The Auctioneer acts only as Agent and has no personal knowledge as to the correctness or otherwise of the description of the Lots to be sold and gives no personal Warranty whatever and NO GUARANTEE WILL BE GIVEN AS TO THE CORRECTNESS.
10. Each and every lot immediately after the fall of the Auctioneer’s Hammer shall be at the sole risk and expense of the respective purchasers and shall be paid for and removed immediately after the conclusion of the Sale, but no lot or lots shall become the property of the purchaser, nor removable until paid for, and if taken away in contravention of these conditions without any order for removal signed by the Auctioneer, the Auctioneer shall have power to seize same by his servants or agents or otherwise, or he may recover the lots sold or the price thereof (at this option) by Action at law.
11. The several lots are to be taken away with all faults, imperfections or errors of description (if any) at the purchasers expense and risk, the Auctioneer not being responsible for faults, nor for the correct description of any lot, and the Auctioneer does not guarantee the originality of any lot in the catalogue. No allowance shall be made for error in description, and all lots shall be made for error in description, and all lots shall be deemed to be at the purchaser’s risk from the time of sale.
12. The auctioneer reserves the right to reject any third party cheque offered in payment of lots, and only accepts third party cheques on the condition that if they are not cleared by the respective Bank, that the purchase money and costs shall be recoverable from the purchaser.
13. If any purchaser neglects of refuses to comply with the above Conditions or any of them, his deposit money shall be forfeited and the lot or lots may at the option of the Auctioneer by re-sold either by Public or Private Sale, without notice to the defaulting purchaser and the deficiency, if any occasioned by such second sale, together with all COSTS, CHARGES AND EXPENSES attending the same shall be made good by the defaulter at this present sale and will be recoverable as for liquidation damages; but any excess in price will belong to the Auctioneers. It shall not be necessary to give the defaulting purchaser of purchasers at this sale any notice of such re-sale.
14. The Vendor or his agent shall be allowed one bid during the sale.
15. VAT – items will be sold exclusive of VAT i.e. The sale price will be subject to an additional charge for VAT at the appropriate rate. Notification of items subject to a charge for VAT will be given out prior to being sold.