TERMS AND CONDITIONS FOR BUYING AT AUCTION
The Agent: Nabricka Auction House, hereinafter referred to as the ‘Agent’, is a general auctioneering practitioner who is acting as an authorised sales agent for the owners of items being offered for sale at the auction.
The Catalogue: The Agent has prepared a catalogue to help prospective bidders to identify and examine the items for sale. A copy of the catalogue can be viewed online at www.nabricka.com or at the saleroom Bamber House Roche Victoria PL26 8LQ. Prospective buyers have the opportunity to inspect the items offered at the saleroom during the viewing days in advance of the auction.
Descriptions & Estimates: The descriptions provided in the catalogue and opinions expressed by the Agent before, during or after the sale are based on information provided by the Vendor and the Agent’s own research. While the Agent attempts to provide accurate descriptions of each item there is no guarantee of any expressed or implied attribution and prospective bidders should seek expert advice when necessary. Subject to the next following Condition concerning deliberate forgeries, any representation or statement by us in any catalogue as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Prospective buyers are given ample opportunities to view and inspect before any sale and prospective buyers must satisfy themselves as to all such matters. Neither the auctioneer nor its employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory are hereby excluded. The lots are sold “as they lie” with all faults and errors or mis-statement or description, measurement, weight, quantity, quality, number or otherwise (whether of a substantial nature of not). The Purchaser shall be deemed to have inspected the lots he buys and if he buys without previous inspection, he shall do so at his own risk. The lots are not sold by sample but if in any case, a sample shall be displayed, it shall be upon the understanding that this contract shall contain no implied condition or warranty as to quantity or otherwise or that the lots are free from any defect rendering them merchantable.
Condition: It is the responsibility of the Buyer to ensure that he or she has fully inspected the items on offer before submitting a bid. For prospective Buyers who are unable to inspect the items, the Agent offers a condition report service. Although the Agent attempts to check every item for defects, the condition report service is no substitute for physical inspection and the Agent accepts no responsibility for undisclosed damage or imperfections in the items on offer. The goods shall be acquired by the Purchaser at his own risk. The Purchaser shall make no claim against the Vendor or any servant of the Crown in respect of any loss, damage or injury (whether to person or property) suffered by the Purchaser in the course of or at any time after the delivery of the goods and in any way connected with or arising out of the condition of the goods.
Neither the Vendor nor the Auctioneer shall be responsible for any lot or part thereof after the fall of the hammer, from which time all lots shall remain the responsibility of the Purchaser.
Safety Regulations: Electrical goods and soft furnishings are sold as ‘found’ and it is the responsibility of the Buyer to ensure they are checked and certified before use. All upholstered furniture is sold for the purpose of “OFFICE” use only; it is the responsibility of the purchaser to make sure it complies with the fire resistant regulations before it is re-sold for domestic use. The items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, they should not be used in a private dwelling.
Registration: All bidders are required to register before they can participate in the auction. Registration forms are available at the reception desk. Registered bidders will be allocated a unique number to protect their identity. Unregistered attendees cannot take part in the bidding process.
Live Bidding: Registered attendees will be entitled to bid on any item offered for sale in the auction. The auctioneer will present each lot in sequence and, where possible, the item(s) for sale will be displayed to the audience on a video screen. The audience (including any telephone bidders) will be invited to bid at levels and increments suggested by the auctioneer until the hammer falls. Bidding intentions must be made clear to the auctioneer, verbally if necessary, and the bidder’s registration number must be provided on request.
Absentee Bidding: For those who are unable to attend the auction in person or by telephone the Agent offers a absentee bidding facility. Absentee bids can be lodged with the Agent up to 2 hours in advance of the scheduled auction start time. Absentee bids can be entered on the Agent’s website, submitted by telephone or hand delivered to the Agent at the viewing session. Prospective buyers who leave commission bids are authorising the Agent to bid on their behalf up to their stated maximum. The Agent will obtain the goods for the lowest possible price, subject to competing bids and reserves.
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any neglect or default in doing so or failing to do so. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
Reserves: Some of the lots in the auction will be subject to a Reserve. The Reserve is the minimum price that the Vendor will accept for the Lot. The auctioneer is unable to sell item(s) at a lower price than the Reserve.
If any dispute or difference arises about any lot or any other matter in relation to the sale other than a dispute between bidders, the same shall be settled by the Auctioneers or any such person as they shall appoint for the purpose, whose determination shall be fixed and binding on all parties concerned.
Buyer’s Premium: All sold lots attract a buyer’s premium of 15%. This premium will be added to the hammer price and it will be included on any invoice. There is no charge for debit cards, credit cards have a 3% surcharge.
Payment: The Agent accepts three methods of payment – cash, debit card and credit card. Payment must be made on the day of the auction.
Collection: All lots can be paid for and cleared during or after the sale. Lots cannot be cleared until payment has been made in full. Lots not cleared within three days of the sale date will be subject to a charge of £10 per lot per day storage. After three days lot will be moved to our offsite warehouse and arrangements must be made for collection. We cannot guarantee to hold the items onsite unless otherwise agreed.
Third party liability
All members of the public on our premises are there at their own risk and must note the layout of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence).
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
Parking all cars parked in and around the auction venue are parked at the customers risk and Nabricka Auction House has no responsibility for damage or theft from or to your vehicle.