GENERAL TERMS AND CONDITIONS
General Conditions of Sale as issued by J Straker Chadwick & Sons Ltd Auctioneers and Valuers
The Internet auction site is not an online retailer - the auction site is effectively acting as just a host to the sellers. This means that the Internet auction site is not responsible for the content of the advertisements placed. Unlike their live auction house counterparts, an online auction site will have no legal obligations in relation to the goods advertised for sale on its website.
The following Conditions of Sale must be strictly adhered to and regulate the sale of each Lot to any Vendor, Bidder or Buyer who has been approved by J Straker Chadwick & Sons Ltd Auctioneers and Valuers (henceforth referred to as the Auctioneers). By participating in a sale, you will be judged to have read, understood and accepted these terms and conditions and are therefore bound by them.
The images may not match exactly to the Lot description. Colours or patterns may vary.
The descriptions take precedence over the lot photographs. The Auctioneer is not held responsible for buyers’ misunderstandings of the above.
The Auctioneers reserve the right to refuse approval to any Buyer or online Bidder at the former’s own discretion.
Registration is only available to bidders over 18 years of age as subsequent bidding forms a legally binding contract.
All bidders will register their details, including full name, business name, address, contact land line and mobile telephone numbers, email address, vat number (where applicable) and Company registered number (where applicable).
It is agreed that the bidder’s details may be added to our mailing list for the purpose of informing the bidder of future auctions that may be of interest to him/her.
We have the right to disable access to the website at any time, if in our reasonable opinion you have previously failed to comply with any of the provisions of these Terms of Use.
All overseas bidders and any bidder unknown to us, or if so requested, will deposit the refundable sum of £500 into our business account and will be held against any potential non-performance or until a satisfactory record of trading is established.
CONDITIONS REGULATING the Conduct of the Sale
The highest bidder acknowledged as such by the Auctioneers will be the buyer. In the event of doubt, on the part of the auctioneers as to the validity of any bid, the Auctioneers will have absolute discretion to determine the successful bidder, cancel the sale, re-sell the Lot or take any such remedial action the Auctioneers sees fit.
WARNING: all items are ‘sold as seen’. It is not the Auctioneers’ responsibility to inform of any damages. All items are purchased at the Buyer or Bidders own risk and no guarantees or warranties can be provided by the Auctioneers.
BUYERS PREMIUM
J Straker Chadwick & Sons Ltd Auctioneers and Valuers charge a Buyer’s Premium of 18% on the hammer price of all Lots. Buyer’s premium is also subject to VAT at the current rate.
Please note that Internet surcharges may apply on the hammer price of all Lots depending on the type of account you have with easyliveAuction.com and is also subject to VAT at the current rate.
Example:
£100 (HAMMER PRICE) £100.00
+Buyer’s Premium @18% £ 18.00
+VAT on Buyer’s Premium@20% £ 3.60
Total to pay £121.20
BIDDING
By bidding, the bidder acknowledges he/she accepts these Terms & Conditions as fair and reasonable and expects them to be fully recognised by the Courts.
You have a duty of care to protect your login and password details. To be clear, it is not possible for another person to simply ‘hack’ your account, due to the high level of security of the on-line system. If you do allow another person, family member, visitor, employee, colleague etc., knowingly, carelessly or otherwise, access to your login and passwords, card details and contact number - you will be liable for any and all bids made.
The buyer acknowledges he is not relying on any warranties or representations made by the vendor or the Auctioneer or any of their employees, agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the lots are expressly excluded and without limitation any warranties and conditions as to title, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.
Your bid is your legal commitment to purchase.
No warranty is offered or implied.
All bids are valid even when the reserve is not met. As the reserve can be lowered at any time. Remember when placing a bid, you are bidding to buy.
Upon the conclusion of an on-line auction the Buyer shall, by the following working day, be sent an invoice by email in respect of the monies due for the lot(s) purchased. This is due for settlement within 5 working days. If you are unable to do this please do not bid. The buyer acknowledges and agrees that he has entered into a legally binding contract of sale with the vendor to buy the lot and the buyer is legally obliged to purchase the lot.
Details of the lot may change due to new information received during the course of the auction and it is the bidder’s responsibility to check the detail of the lot prior to bidding.
No bid may be cancelled or withdrawn. The Auctioneer does not have to accept the highest bid and all bids are due to approval and acceptance by the vendor.
Risk of damage to or loss of the lot passes to the buyer immediately upon the conclusion of the sale.
We have no liability to guarantee your continuous internet access to the website and encourage bidders to place their bids early rather than waiting until the last seconds of the lot.
The highest accepted Bidder, subject to the Vendors Reserve (if any) is deemed the successful buyer. Every bidder shall be deemed to act as principal, unless there is a prior arrangement with the Auctioneers that he acts as an agent on behalf of a named principal.
The Auctioneers reserve the right to refuse to accept bids from any person without stating a reason.
The Auctioneers reserve the right on behalf of themselves and the Vendor:
. To set a reserve price
. To rearrange, consolidate or withdraw any Lot(s)
. To vary the order of the sale
The Auctioneers shall not be obliged to announce the reserve price.
No Person may advance on any bid less than the sum named by the Auctioneers.
No bidding may be retracted unless authorised by the Auctioneers.
Under no circumstances may the transferring of any Lot(s) from individuals or agents to any other parties be allowed on site.
No estimates made by the Auctioneers or their employees, whether in writing or orally, maybe relied upon as a prediction of the actual selling price.
ONLINE BIDDING
The Auctioneers do not accept liability for the placing of bids on other platforms, or for the failure in any way for purchasers failing to secure their preferred Lot(s). The Auctioneers will not be held responsible for any failure of the internet or related hardware and software. Furthermore, they reserve the right to cancel an auction and re-offer Lot(s) if they suspect any undue interference or tampering with the on-line bidding system.
LOTS
MISREPRESENTATION ACT 1967
No person in the employment of J Straker Chadwick & Sons Limited has any authority to make or give any representation or warranty whatever in relation to this property.
All lots are offered “as is, where is”, subject to not being sold or withdrawn and without any express or implied warranty. The lots may not be of satisfactory quality.
You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.
We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding lots whether provided in written, verbal or digital image form. Lot information is provided for convenience only. You agree that you will not rely on lot information in deciding whether or how much to bid on any lot. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. The lots we offer for sale may be missing components or parts. It is your sole responsibility to ascertain, confirm, research, to your satisfaction the lot information prior to deciding to bid and how much you wish to bid on any lot. By bidding you have agreed that we have provided sufficient details for you to make an informed choice when bidding. You agree you have bid accordingly.
The mention of condition of any item within the lot details does not imply that they are in full and efficient working order or present at all.
As is normal practice at auction, all lots are sold “as seen” (or “unseen”), with all of their faults, incompleteness and imperfections and as such are sold unfit for any particular purpose. The bidder relies upon the description at his/her own risk.
The buyer acknowledges that the content displayed on the auction site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of the content on the site.
We shall have no responsibility to check the accuracy of any information provided or made available to us (which includes information listed in catalogues, on-line listings and any other literature in use from time to time) and you rely on all such information at your own risk.
It is for you to satisfy yourself as to the quality, condition and provenance of any goods on the site through your own enquiries PRIOR TO BIDDING and we shall accept no liability for any information supplied to us.
The web pages may contain technical inaccuracies and typographical errors. Although we make reasonable efforts to update the information on the auction website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date. You agree to use our website at your own risk.
LIMITATION OF LIABILITY
For the avoidance of doubt, we act as agents of the vendor
To the fullest extent permitted by law, the buyer agrees to indemnify and keep indemnified, defend and hold us, the vendor, any Insolvency Practitioner, Administrative Receiver, Administrator and Liquidator acting as agent for the vendor harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT, taxation, duty, charges) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any authorised bidder or your guests or agents, arising from or related to property damage or any other event that occurs on or at any of our premises, collection sites or storage compounds, during collection, loading or transporting including driving the lot away.
As Auctioneer, J Straker Chadwick & Sons Limited is not a party to the contract and therefore has no liability in that respect. We offer lots for sale and conclude contracts as agents on behalf of vendors. The resulting legal contract is between the buyer and that vendor and we are not responsible for any action or default on the part of the vendor or buyer including but not limited to, loss or damage in contact or tort, negligence, breach of statutory duty, consequential or indirect losses or damage, legal fees, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, travel costs, fuel however arising.
Notwithstanding the above, in no event shall our liability to you exceed the hammer price of the lot. Equally, the vendor’s liability to the buyer shall never exceed the hammer price of the lot.
Whilst risk in the goods passes to the buyer at the time of acceptance, all ownership and title in the goods remains with the vendor until it has received the purchase price.
The Auctioneer accepts no liability whatsoever in relation to the Goods whilst left on the Vendor’s premises.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
In the event that the Auctioneer unknowingly sells a lot that was not eligible for sale (i.e., there is a third-party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that sale without any further liability to the Auctioneer and/or Company or the vendor.
DEFAULT BY THE BUYER
If the buyer fails to arrange collection by the specified date, the vendor may charge the buyer for the reasonable costs of storage at a minimum £10 plus vat per lot per day after 7 clear days following the end of the auction plus part rent, wages and other expenses as a result of buyer non-collection within the specified time table.
If the Auctioneer has rescinded the sale due to non-performance by the buyer and the lot has been resold by the auctioneer or by the vendor, the buyer shall reimburse the vendor with any shortfall.
PAYMENT AND COLLECTION
The Buyer shall pay the full sum for the lot(s) purchased, as invoiced by email, no later than 16:00 on Friday 19th April 2024. All lots shall be at the Buyer`s risk immediately upon the conclusion of the sale.
The reference for payment shall be the invoice number - any other reference will create a delay in processing.
Payments for Lots purchased must be made by bank transfer (BACS), bank details can be found at the bottom of your invoice.
The auction result is final. Once your bid has been accepted, it is binding. This also applies to commission bids. Once an item has been sold, it becomes the Buyers responsibility. However, the Buyer is not entitled to move any Lot(s) until it is paid for in full.
J Straker Chadwick & Sons Ltd Auctioneers and Valuers offer no assurances or guarantees on any Lot(s) that we sell. We can offer no refunds, nor do we accept the return of goods, once your bid has been successful.
ACCESS FOR THE PURPOSE OF REMOVAL OF LOT(s)
Collections to be arranged by appointments through J Straker Chadwick & Sons Ltd. All collections must take place by Friday 19th April 2024.
Removal of the lot(s) will be strictly by appointment and entirely at the buyers own cost and risk without liability to the auctioneer or vendor.
Where the buyer has purchased more than one lot, the Auctioneer reserves the right not to allow any lot to be removed from its premises until payment in full has been made in cleared funds in respect of all the lots purchased.
Buyers or their representatives must arrange collection and removal of each lot in compliance with all relevant legislation, using best industry practice.
The buyer or their collection agents shall provide evidence as and when requested by the company of their public liability Insurance policy.
INSURANCE & RISK
Goods are held at the vendors risk until sold. Ownership is conferred to the Buyer on the fall of the hammer.
All goods purchased are the Buyers responsibility from the moment they are sold to him, on the fall of the Auctioneers hammer. The Buyers should make his own insurance arrangements from this point.
EUROPEAN BUYERS VAT RE-PAYMENT
It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.
A European buyer is one that initially registered with their address outside of the UK but within Europe.
AMENDMENTS
The Auctioneers have the right to revise or amend these terms to reflect implementations or conditions, at any time.
PRIVACY
The Auctioneers are committed to the privacy of our users and will only use personal information given to provide auction services.
GENERAL
No waiver by the Auctioneers of any of these terms shall be enabled unless the Auctioneer expressly says that it is a waiver and the Auctioneers tell the Buyer and vendor in writing. If the Auctioneers do not exercise any of its rights or remedies under these terms that will not mean that the Auctioneers have waived any of its rights and will not mean that the buyer does not have to comply with the Terms.
In the event that any provision of the Condition of sale should be held unenforceable for any reason, the remaining terms shall remain in full force and effect.
These Terms are governed by English Law and the Auctioneers, the Vendors and the Buyer all agree to the exclusive jurisdiction of English courts
ABBREVIATIONS USED IN THIS CATALOGUE:
owc: (original wooden case) may not have been opened nor the contents inspected
oc: (original carton) may not have been opened nor the contents inspected
i.b.: (stored In Bond) ADDITIONAL CHARGES WILL APPLY
hf: high fill in: into neck
vts: very top shoulder
ts: top shoulder us: upper shoulder
ms: mid shoulder
lms: lower mid shoulder
(sl) stl: (slight) stained label dstl: (damp) stained label
vsl: very slight
dis: disintegrated
foil: foil/capsule damaged
ot: original tissue
bs: bin-soiled
rem: tissue remnants
cdl: cellar damaged label ntl: nicks to labels
FOREWORD
Bidding - Bidding is at the rate shown by each lot e.g. per 12 bottles, per 6 magnums, per lot etc.
Estimates - The prices quoted against each lot are intended as a guide only.
Commission Bids - Commissions to bid will be accepted. Lots will be bought at the lowest price permitted by other bids and reserves. We accept bids through our website, email, phone, letter or fax and must be received no later than 12 noon the day before the auction.
Offers - All lots other than lots marked i.b. (In Bond) are offered duty paid and bidding is at duty paid prices. VAT: Buyers are liable to VAT at the current rate of 20% on the purchase price of all lots marked with a ‘v’.
Payment - Payment is due within five working days on receipt of invoice. J. Straker Chadwick & Sons (hereafter known as JSC) reserve the right to charge interest at a rate equal to 5% above the base rate of Natwest Bank PLC, per month, or part month (compound interest) on all overdue accounts.
Release and Collection - JSC will only release a buyer’s lots when full payment has been received.
Release and Non-Collection - Any wines not collected within one month of receipt of invoice will be stored, at the purchaser's risk, at a cost of £6 (incl. VAT) per lot, per week.
Purchasers using a courier/third party to collect and deliver their wine must make JSC aware who will be collecting their items and when. JSC will not release any wine until we have received written notice from the purchaser. JSC take no responsibility whatsoever for damage to any goods in transit, either before or after an auction. The risk of damage to goods in transit is the responsibility of the purchaser or vendor, who should make the appropriate insurance arrangements to cover carriage of their goods. The contract for carriage is between the purchaser or vendor and courier.
All post-sale collections are to be strictly by appointment only.
Loss, Breakage or Shortages - All lots are at the buyer’s risk once released from JSC’s premises.
Payment Types Accepted - All payments should be made by Bank Transfer. (BACS)
Export - All overseas purchasers must satisfy themselves as to any local charges, (taxation or duty) which may apply and agree to settle all such costs.
Charges - As well as the hammer price, purchasers will pay to JSC a buyers’ premium of
18% (incl. VAT) to make up the final bid price. Additional charges will apply for bidding online via The Saleroom.com
Further information from the Auctioneers’ Offices:
TIVERTON PLACE, LION STREET, ABERGAVENNY, MONMOUTHSHIRE. NP7 5PN
TEL: 01873 852624
WEBSITE: www.strakerchadwick.co.uk E-MAIL: enquiries@strakerchadwick.co.uk
Catalogues for future sales are available from the Auctioneers’ Offices at £7 each or £40 for a year (£60 overseas) subscription
J. Straker, Chadwick & Sons is a trading name of J. Straker, Chadwick & Sons Ltd. Registered in England and Wales No:7256798
CONDITIONS OF SALE
1. The highest bidder shall be the buyer, subject to the right of the Auctioneers to reject any bidding they may think fit, and subject to the right of the vendor(s) to bid. If any dispute arises as to the highest bidding, such dispute shall be finally settled by the Auctioneers or at their option the lot in dispute may be re-sold. No bidding shall be retracted. The biddings will be regulated by the Auctioneers.
2. All lots are put up for sale subject (a) to any reserve price imposed by the vendor, (b) to the right of the Vendor to bid either personally or by any one person (who may be the Auctioneer). Unless otherwise stated in writing J Straker, Chadwick & Sons act as an agent for the seller and shall accordingly not be liable for any act or default either of the seller or the buyer. Unless expressly acknowledged by J Straker, Chadwick & Sons in writing, every bidder shall be deemed to act as principal and not as an agent for any other person.
3. Every lot must be taken to with all faults and incorrect descriptions (if any). Whilst the Auctioneers endeavour to ensure that any statement of origin, date, age and attribution is accurate and reliable, these are statements of opinion and are not to be taken as statements of fact. Until sold, each lot shall be at the Vendor(s) risk and it shall be his duty to preserve the same. After the fall of the hammer such risk and duty shall devolve upon the purchaser. The Auctioneers, on behalf of themselves and the Vendor, shall have a lien on each lot for the purchase money thereof until actual payment. No lot shall be removed from the place of sale until the sale has been concluded and a pass obtained from the Auctioneers or their Clerk. Notwithstanding such lien and the right of possession aforesaid, the Auctioneers will not undertake any risk as regards any lot, nor any liability whatever as to preservation or delivery thereof. The Auctioneers shall not be personally liable if any lot shall, without their knowledge, be destroyed or shall be missing at the date of the auction.
4. Notwithstanding the preceding Conditions, if within 10 days after the sale, the Buyer of any lot gives notice in writing and returns the lot to J Straker, Chadwick & Sons in the same condition as at the time of the sale and satisfies the Auctioneers that considered in the light of the terms of the Catalogue, the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded.
5. TITLE OF GOODS SUPPLIED. All goods sold to the Purchaser will remain the property of the Vendor(s) until such time as the appropriate invoice has been paid in full.
6. TERMS. NETT FROM THE DATE OF INVOICE. This transaction has been completed according to the terms and conditions of sale, which are displayed in the saleroom. Included in the terms and conditions is a Romalpa clause which states that title to the goods supplied on this invoice will not pass until the debt has been discharged in full.
7. The Purchasers of each lot shall immediately on the fall of the hammer give to the Auctioneers his or her exact name and address, and if required then to pay the purchase money of such lot, otherwise at the conclusion of the day’s sale. Every Purchaser shall clear the lots purchased by him or her immediately after the sale.
8. On failure of compliance with these conditions, the Auctioneers may resell the lot or lots either by public auction or private contract, and the deficiency (if any) with all expenses shall be made good by the defaulter at this sale, but such defaulter shall not be deemed to include the usual Auctioneer’s Commission on the re-sale and all expenses for porter, advertising, carriage, care, keep and otherwise.
J. STRAKER, CHADWICK & SONS
AUCTIONEERS
ABERGAVENNY
Additional Information
