CONDITIONS OF BUSINESS
Buyers and sellers are advised to read carefully the following conditions of Business, including the explanations of cataloguing practice, that contain exclusively the terms under which Wingetts Ltd Auctioneers conduct their sales and handle their related matters.
Third Party Liability
All persons on Wingetts Ltd premises at any time are there at their own risk. They shall have no claim against Wingetts Ltd in respect of any accident which may occur or injury, damage or loss however caused, save insofar as the injury, damage or loss shall be caused by the negligence of Wingetts Ltd or its employees.
CONDITIONS OF SALE APPLICABLE TO BUYERS
1. Wingetts Ltd as Agent
Wingetts Ltd act only as agent for the seller and makes no representation and give no warranty as to the authenticity, merchantability or otherwise of any lot.
2. The Buyer
(A) The Buyer shall be the person making the highest bid which is acceptable to the auctioneers as signified by the fall of the hammer.
(B) Wingetts Ltd has sole discretion to decide whether as bid has been made whether there has been a dispute as to the bidding and to settle any dispute.
(C) Every bidder shall, if required by Wingetts Ltd, complete a registration form and furnish Wingetts Ltd with suitable references before bidding at the auction.
(D) Every bidder acts as principal.
3. Buyers Premium
The Buyer of any lot shall pay Wingetts Ltd a premium equal to 17.5% exclusive of VAT at the standard rate. The Buyer acknowledges that Wingetts Ltd may also receive commission from the seller. The Buyer shall not make any deduction in respect of the Purchase Price, nor sell, transfer or otherwise contract to dispose of any lot prior to payment of the Purchase Price.
4. Payment and Risk
(A) At the fall of the hammer.
(i) The Buyer shall give Wingetts Ltd his name and address and such proportion of the Purchase Price as Wingetts Ltd shall require.
(ii) The risk of loss or damage to the lot shall become the full responsibility of the Buyer, not withstanding that it may not yet have passed to the Buyer.
(B) Legal and beneficial ownership of a lot shall not pass to the Buyer until payment for the lot along with any interest or other sums that may be outstanding on any account is received in cleared funds by Wingetts Ltd and Wingetts Ltd will be entitled to a lien on any lot sold to the Buyer until these amounts are paid in full.
(C) In any event full payment of the Purchase Price must be received by Wingetts Ltd within 48 hours of the sale (Due Date).
(D) Methods of payments:
(i) Cash in Sterling and other currencies acceptable to Wingetts Ltd.
(ii) Cheques in Sterling supported by a suitable cheque card or bankers draft in Sterling made payable to ‘Wingetts Ltd’. Cheques in Sterling not supported by a suitable cheque card must clear before goods will be released.
(iii) Credit cards. If you wish to pay for any purchase with a Visa, Access or MasterCard you must present the card in person at the auction, or within 48 hours of the auction. All transactions of this nature must be supported with additional identification. All charges are subject to acceptance by Wingetts Ltd and by Visa, Access and MasterCard, as the case may be. If a charge is not approved, you will nevertheless be liable to Wingetts Ltd for all sums incurred by you. Visa, Access and MasterCard credit cards are accepted only subject to an additional charge of 2%.
(iv) Debit cards. We accept Delta, Electron, MasterCard, Solo, UK Maestro and Visa debit cards and there are no charges for transactions of this nature. Transactions of this nature may be made in person or by telephone within 48 hours of the auction.
(v) If payment by any of these means is not received within 48 hours of the auction Wingetts Ltd reserve the right to take payment from card details provided on registration with Easy Live Auctions.
5. Collection of Purchases
(A) At Wingetts Ltd discretion, lots may be removed during the auction. Not lot may be removed until the purchase price has been paid in full.
(B) The Buyer shall remove from Wingetts Ltd premises at his/her expense any lot purchased by him/her within 48 hours of the sale.
(C) The Buyer will be responsible for any removal, storage and insurance charges if a lot is not removed in accordance with Condition 5 (B), but nothing in this clause constitutes any representation by Wingetts Ltd that it will maintain insurance in respect of any such lot.
(D) Wingetts Ltd will not be responsible for any damage caused to any lot after the fall of the hammer.
(A) The Buyer is responsible for arranging all packing and transportation. Wingetts Ltd may from time to time recommend transporters, packers or shippers by any such recommendation is given without liability and Wingetts Ltd shall not be responsible for any loss or damage to any lot, however caused.
(B) Collection by agents. If an agent or carrier is collecting goods on behalf of the buyer they must produce either written authority from the buyer or a receipted Wingetts Ltd invoice for the lot/lots.
6. Remedies for non payment or failure to collect purchases
In the event that a buyer fails to pay for or collect a lot. Wingetts Ltd may at its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies:
(A) Issue proceedings against a Buyer for breach of contract together with costs of any proceedings on a full indemnity basis.
(B) To rescind the sale of that or any other lots sold to the Buyer at the same or any other auction.
(C) To re-sell lot or cause it to be re-sold by public sale or private treaty. Any deficiency in the purchase price resulting from any such re-sale, together with any cost incurred in connection with the lots, shall be paid to Wingetts Ltd by the original Buyer and any surplus after deduction of costs and charges shall be due to the original Buyer.
(D) The charge interest on any outstanding monies at the rate of 2% per month or part thereof to the extent they remain unpaid for more than 48 hours from the date of sale.
7. Conditions of Lots
(A) All catalogue descriptions, verbal descriptions, and advertisements for sales concerning attribution, genuineness, authorship, origin, period, date, age, provenance, quality, condition of estimated selling price are statements or opinion only and are not to be taken as statements or representations of fact nor the basis for any warranty or guarantee. Many lots will be of an age that precludes them being in perfect condition and purchasers should satisfy themselves as to the condition of any lot by examining that lot before the auction.
(B) All conditions, warranties, terms, undertakings and obligations implied by statue, common law, custom, trade usage or otherwise (including, without prejudice to the generally of the foregoing, any express or implied condition, warranty or undertaking as to correspondence of the goods with any contract description given, merchantable quality or fitness for any particular purpose), are hereby wholly excluded. If the Buyer deals as a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1994 the above provision shall not apply insofar as they purport to affect the Buyers Statutory rights under the Sale of Goods Act 1979 as amended.
8. Commission Bids
(A) Wingetts Ltd will, if instructed in writing, execute bids on behalf of Buyers at Wingetts Ltd. Its employees or agents, will not be liable to the Buyer or Seller for any neglect of default in so doing or for failure to do so. Any instructions so given shall be deemed to be irrevocable unless agreed otherwise by Wingetts Ltd at any time prior to the auction.
(B) Commission bids will be dealt with in strict order of receipt, therefore when two or more bids of the same amount of the same lot are received the first commission bid received shall be the Buyer if the bid is successful.
The Buyer gives Wingetts Ltd the absolute right to use any photographs or illustrations of any lots at any time and in anyway at Wingetts Ltd discretion whether or not in connection with any auction. The Copyright in all illustrations and written matter relating to lots remains at all times in absolute property of Wingetts Ltd.