1 Interpretation 1.1 The definitions in this clause apply to these Terms “Bid Slip” means the slip to be completed by a potential buyer prior to participating in an auction in conjunction with Registration “Buyer” shall mean the maker of the highest bid accepted by Farnon & Lake whether on the fall of the hammer (when the Hammer Price is achieved) or by private treaty sale “Buyer Premium” refers to the premium of 15% (plus VAT) or as specified in the Important Notes which is incurred on the Hammer Price of all Lots unless stated otherwise “Commission Bids” refers to any proxy bidding taking place in relation to any given auction as notified to Farnon & Lake, including any proxy bids received up to 15 minutes before the relevant auction “Contract” means the contract for purchase formed between the Buyer and the Seller once the Hammer Price has been achieved “Defaulter’s Fee” means the fee of £130 to be charged to the relevant party in the case of any Lot having to be re-auctioned or withdrawn unexpectedly otherwise than due to a fault of Farnon & Lake “Entry Fee” means the fee of £3.50 per lot to be charged to the Seller for the processing of the lot in preparation for sale at auction. “Farnon & Lake” means Farnon & Lake including but not limited to Farnon & Lake (Auctions) who have the conduct of auctions from the rostrum and/or any other authorised representative thereof “Good(s)” includes any goods forming a Lot or Lots as described in the relevant Important Notes including but not limited to textile goods, digital, electronic, bespoke and industrial goods and/or equipment “Hammer Price” shall mean the highest bid accepted by Farnon & Lake including any VAT that may be included therein “Important Notes” means the notes associated with each auction including but not limited to the Health & Safety notes, viewing times, payment details, collection times, the amount of the Buyer Premium, VAT chargeable, and any other relevant terms relating to that particular auction and/or sale, and which in all cases are governed by these Terms “Lot” means any single Good, group of Goods, or set of Goods sold at an auction on the Premises “Lotting Fee” is the fee applied to each lot entered into auction to cover the costs associated with the processing and preparation of the lots supplied to Farnon & Lake by the Seller “Premises” means the premises in which the (Farnon & Lake) auction is taking place and, where relevant, the location where the individual Lot and/or Lots under the control of Farnon & Lake are stored “Registration” means all or any one of the following as appropriate: (i) the payment of a Deposit in cash or electronically, or as otherwise notified by Farnon & Lake in the relevant Important Notes; and (ii) the presentation of 2 forms of identification acceptable to Farnon & Lake when requested; and (iii) the completion and submission of the Bid Slip, either in person or registering online via the relevant auction portal “Seller” shall mean the seller of an item (included Consigned Property) which is submitted to Farnon & Lake for offer for sale at an Auction “Seller Premium” refers to the premium of 15% (plus VAT) (or as specified in the Important Notes) which is incurred upon the sale of any Good(s) unless stated otherwise “VAT” means Value Added Tax “Website” means the Farnon & Lake website and/or the auction portal website hosting the Farnon & Lake auction “Working Day” means any day that Farnon & Lake are open to the public for business
1.2 The Headings of the Terms do not form part of the Terms 1.3 If any of these Terms are inconsistent with any term of the Important Notes, the Important Notes shall prevail 1.4 All entries of Goods and the subsequent sale and purchases of Lots at our public auctions (which include our online auctions) are subject to these Terms 1.5 All Buyers and Sellers acknowledge and agree that these Terms are binding upon them, and by the Buyers completing Registration, and Farnon & Lake accepting the Sellers’ Good(s) for auction, these Terms are deemed accepted and incorporated into all dealings as between the relevant parties
2 Seller 2.1 Farnon & Lake shall act as agent of the Seller only. Any contract for the sale of a Lot will be formed between the Seller and the Buyer 2.2 The Seller warrants and represents to Farnon & Lake and the Buyer that the Seller is the sole and true owner of the Consigned Property or is properly authorised by the sole and true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. The Seller shall indemnify Farnon & Lake and the Buyer against any loss and expense caused by any breach of this 2.3 The Seller shall be entitled to place prior to the Auction a reserve on any Lot, being the minimum Hammer Price at which the Lot may be sold. Reserves must be reasonable and Farnon & Lake may decline to offer goods which in Farnon & Lake's opinion would be subject to an unreasonably high reserve. The Auctioneer reserves the right not to accept items which they deem to be unsuitable for Auction. Any estimate given shall be an opinion and is not an undertaking, warranty or representation of any kind and will not have any legal effect 2.4 A reserve once set cannot be changed except with the written prior consent of Farnon & Lake 2.5 Where a reserve has been placed only Farnon & Lake may bid on behalf of the Seller 2.6 The Seller authorises Farnon & Lake to deduct commission from any sold items at a rate of 15% (plus VAT) 2.7 Farnon & Lake will pay the Hammer Price achieved for the Lot within 30 days of the close of the auction (less the commission and applicable fees in accordance with clause 2.6), to the Seller on receipt of payment of the Total Amount Due in full by from the Buyer 2.8 The Seller authorises Farnon & Lake to negotiate a sale by private treaty in the case of a Lot unsold at Auction. The same charges will be payable for sale by private treaty as if the Lot had been sold at Auction 2.9 The right of Farnon & Lake to bid on behalf of the Seller is expressly reserved. The Seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to consignors at the time of the entry of the Lot 2.10 By submitting the item to Farnon & Lake for offer at Auction, the Seller agrees to the Terms of Business and authorises Farnon & Lake to deduct the specified charges associated with the auction 2.11 Where lots are consigned from a non-EU country import duty will be charged at cost. The onus is therefore on the Seller to clarify the commodity code with Farnon & Lake prior to labelling goods for dispatch. Failure to do this could result in unnecessary duty being imposed for which Farnon & Lake will not be liable and the goods will be rejected and returned to sender at the Sellers cost
3 Entry Into Auction 3.1 Farnon & Lake sell as agents for the Seller and as such are not responsible for any default by the Seller 3.2 Unless otherwise agreed by Farnon & Lake in writing, no Good(s) shall be deemed accepted into any auction unless and until the Seller has produced:- 3.2.1 the Good(s) (to the relevant Premises); 3.2.2 a digital and/or electronic description of the Good(s); 3.2.3 any required lotting fee as specified by Farnon & Lake (for the avoidance of doubt, Farnon & Lake reserve the right to charge a lottingfee when a Good(s) is entered for auction, such entry fee as will be agreed between the potential seller and Farnon & Lake at the relevant time, and for the avoidance of doubt, if for any reason the Good(s) is entered for re-sale subsequent to the initial auction (otherwise than due to a fault of Farnon & Lake), then Farnon & Lake will be entitled to charge the Defaulter’s Fee each time the same Good(s) is re-entered for auction); 3.2.4 all other relevant certificates pertaining to the Good(s) which the Seller is reasonably able to produce upon request 3.3 Unless otherwise agreed, notwithstanding the production of the items listed in clause 3.2 above Farnon & Lake has the right to refuse entry of any Good(s) into auction, and to set the entry fee at a reasonable amount deemed appropriate by Farnon & Lake 3.4 The Seller warrants to Farnon & Lake and to the Buyer that: 3.4.1 the Seller is the true owner of the Good(s) or is properly authorised to sell the Good(s) by the true owner; 3.4.2 The Seller is able to transfer a good and marketable titile to the Good(s) free from any third party claims and; 3.4.4 every representation made by the Seller (in any form) about the Good(s) is wholly accurate and informed, and the Seller acknowledges that such representations will be relied upon by Farnon & Lake and the Buyer 3.5 The Seller will indemnify Farnon & Lake, their servants and agents and the Buyer against any loss or damage suffered by them in consequence of any breach of the warranties set out in clause 3.4 above on the part of the Seller 3.6 Unless previously agreed in writing, Farnon & Lake shall remit the proceeds of the sale to the Seller not later than 30 days after close of the auction, following the relevant deductions and upon receipt of cleared funds from the Buyer(s) 3.7 Where a Seller cancels instructions for auction of a Lot, Farnon & Lake reserves the right to charge the Defaulter’s Fee plus 5% of Farnon & Lake’s latest estimate of the auction price of the Lot(s) withdrawn (plus VAT where applicable) or 5% of the reserve, whichever is the higher. If the item has to be returned by post (or any other method) the Seller will be responsible for this charge/carriage. These charges are to be paid before the item is returned should Farnon & Lake be requested by the Seller to arrange the return of the Lot(s) 3.8 Where any Lot fails to sell Farnon & Lake will notify the Seller accordingly. The Seller will make arrangements either to re-offer the Lot for auction or to collect the Lot, and if such arrangements are not made: 3.8.1 The Seller will be responsible for any removal, storage and insurance expenses of the Lot as notified by Farnon & Lake (unless otherwise agreed); and
4 Basis of Sale 4.1 All Lots are sold ‘as they lie’ with all faults and imperfections and errors of description. The absence to any reference to the condition of a Lot does not imply that the Lot is free from faults, imperfections and restorations. Illustrations in catalogues, digital displays or brochures are for identification only. Farnon & Lake will not be held responsible for any damage or defect that has not been notified to the Buyer 4.2 Buyers must satisfy themselves prior to sale as to the condition of each Lot and should exercise and rely on their own judgment as to whether the Lot accords with its description. Prospective Buyers bid on the understanding that, inevitably, representations or statements by Farnon & Lake as to authorship, genuineness, origin, date, age, provenance, or condition involve matters of opinion. Neither Farnon & Lake nor our employees or agents nor the Seller accept liability for the correctness of such opinion 4.3 No warranty (written or oral) or other term (whether express or implied and whether implied by statute, common law, custom or otherwise) as to the age, correctness of any, suitability, fitness for purpose, or satisfactory quality of the Lot is given by Farnon & Lake, their servants or agents or by any Seller to any Buyer in respect of any lot, and any express or implied conditions or warranties are excluded to the fullest extent permitted by law. For the avoidance of doubt, the Lots are not sold by sample, and the Buyer shall be deemed to have inspected the Lot(s) he/she buys 4.4 No oral or written representation made prior to or at the time of sale of any Lot shall be deemed to be a representation of fact and Farnon & Lake undertakes no obligation or duty (whether in contract or tort or otherwise) in respect of the accuracy or completeness of any statement or representation made by Farnon & Lake or on Farnon & Lake behalf which is in any way descriptive of any Lot. No such oral or written representations shall be deemed to be incorporated into such sale nor to have induced any potential buyer to bid 4.5 Buyers buy Lots where they lie and are wholly responsible to bring any necessary labour and equipment in order to remove their Lot(s) and shall comply with any directions which may be given by Farnon & Lake as to the safe removal of the Lot(s) and in giving due care to other Lots on the Premises and the Premises itself 4.6 These Terms shall become binding on the Seller and Buyer respectively when: 4.6.1 The Seller’s Lot is accepted by Farnon & Lake to be considered for auction; and 4.6.2 The Buyer offers the highest bid accepted 4.7 Farnon & Lake has the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in various systems’ capabilities. Buyers and Sellers will be subject to the policies and terms in force at the time these Terms become binding in accordance with clause 4.6 above 4.8 The Buyer acknowledges that a sale by auction IS NOT a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015) and the Unfair Contract Terms Act 1977 / 1999 Regulations and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation. All lots are Sold as Seen with no grading or guarantees and can include, but not be limited to, used items, salvage, raw returns, ex-display, repossessed and seized goods 4.9 Any estimates provided in respect of a Lot are only an expression of Farnon & Lake’s opinion made on behalf of the Seller of the range where Farnon & Lake thinks the Hammer Price for the Lot is likely to fall. It is not an estimate of value. It does not take into account any VAT or Buyer Premium payable. Lots can in fact sell for Hammer Prices below and above the estimate. Any estimate should not be relied on as an indication of the actual selling price or value of a Lot 4.10 Private treaty sales made under these Terms are deemed to be sales by auction for purposes of consumer legislation 4.11 Clocks and Watches The absence of any reference to the condition of a clock or watch does not imply that the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, Farnon & Lake makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, potential buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary 4.12 Gemstones (including, but not limited to, items referenced as gems, fine gems, jewels, precious stones, or semi-precious stones) Historically many gemstones have been subjected to a variety of treatments to enhance their appearance. Unless stated buyers should presume coloured stones may well have been exposed to some sort of treatment. In the event that Farnon & Lake has been given or has obtained certificates for any Lot in the Sale these certificates will be disclosed in the description of the item. Neither Farnon & Lake nor the Seller accepts any liability for contradictions or differing certificates obtained by Buyers on any Lots subsequent to the Sale. 4.13 Artist Resale Rights Regulations Where specified, works of art may be subject to the addition of a royalty charge (a percentage of the final hammer price, excluding VAT and Buyers Premium) which will be added to the final invoice in accordance with the Artist Resale Rights Regulations
5 Risk and Title 5.1 The title in the Lot shall not pass to the Buyer until the Hammer Price and the Buyer Premium have been paid to Farnon & Lake (and have been received in full and cleared funds) and any other instrument tendered in payment has been cleared. Until title passes, and subject to clause 7.1 below, Farnon & Lake reserves the right to dispose of the Lot in accordance with clause 2.8 above 5.2 Upon receipt of a Lot(s) Farnon & Lake will hold the item(s) in trust until the item(s) sell or ae returned to the Seller. For the purposes of Pawnbroker Stock Auctions insurance values will be at the market scrap value for jewellery and watches at the time of receipt of the stock. The Seller will confirm the scrap value in Pound Sterling upon delivery of the Lot(s) to Farnon & Lake prior to the auction taking place 5.3 From the time when a Hammer Price is reached in respect of a Lot, a Lot is deemed sold, and notwithstanding clause 5.1 above, it is at the risk of the Buyer from that point
6 Conduct of the Auction 6.1 Without prejudice to any other of their rights set out in these Terms, Farnon & Lake has absolute discretion without giving any reason to refuse any bid, to withdraw any Lot before the hammer falls, to divide any Lot, to combine any two or more Lots, or to withdraw any Lot and/or Lots from the auction. Farnon & Lake is not bound to accept any offer 6.2 Potential Buyers wishing to participate in an auction must first: 6.2.1 complete registration either in person at the sale or online via the appropriate portal before they will be admitted to participate in any auction 6.3 The contract of sale between the Seller and a Buyer will be formed once the Hammer Price has been achieved, at which point the Lot shall be deemed sold subject to the provisions of clause 5.1 above 6.4 For the avoidance of doubt, the parties to the contract of sale of the Lot are the Buyer and the Seller. Farnon & Lake is not a party to the contract of sale but acts as the Seller’s agent only and is not liable for any breach thereof by either the Buyer or the Seller 6.5 Immediately after the achievement of the Hammer Price the terms of clause 7 below shall apply 6.6 Any disputes in relation to the bidding, or following the attainment of the Hammer Price in relation to what bids were made by who shall be referred to Farnon & Lake for decision. For the avoidance of doubt, Farnon & Lake shall have absolute discretion to cancel the contract of sale and to re-auction the Lot (which is the subject of any dispute) either during the same or a subsequent auction and, in all cases, Farnon & Lake’s decision in respect of any such dispute (for which no justification or reasons shall be required) will be final 6.7 In the event that Farnon & Lake exercises the discretion to cancel the contract referred to at clause 4.7 above, neither the original Buyer nor the Seller shall be entitled to rely on the original contract of sale for any purpose whatsoever save that the Buyer shall be entitled to the return of any money which he may have paid under the original contract 6.8 Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by Farnon & Lake that he acts as agent on behalf of a named principal 6.9 Farnon & Lake shall not in any circumstances be obliged to announce any reserve price 6.10 Farnon & Lake reserves the right to turn away any potential sellers and/or buyers who do not present appropriate identification upon reasonable request 6.11 Persons attend auctions at their own risk 6.12 Where Farnon & Lake conducts a sale on behalf of a Seller who is either a receiver or liquidator of a limited company or trustee in bankruptcy:- 6.12.1 The Seller and Farnon & Lake on their behalf only sell whatsoever right, title or interest the company or bankrupt may have in any Lot; 6.12.2 In the event of a third party proving to have a superior title or right to custody or possession of any Lot Farnon & Lake may rescind the contract of sale and upon return of any Deposit and/or Hammer Price to the Buyer, neither the Seller nor Farnon & Lake shall be under any further liability to the Buyer 6.13 Farnon & Lake shall have the right, at its discretion, to refuse admission to the Premises or attendance or participation at the auctions by any person 6.14 The Important Notes and these Terms will be made available to potential buyers on Farnon & Lake website, in the relevant catalogue, on request, and will be on display at the Premises where appropriate
7 Price and Payment 7.1 Immediately following the achievement of the Hammer Price, the Buyer shall attend the relevant clerk and/or follow the appropriate process as notified to the Buyer by Farnon & Lake and pay the Hammer Price (plus VAT where relevant), and the Buyer Premium (plus VAT where applicable). If the Buyer fails to do so by 5 pm on the next Working Day, or such other time as is specified in the Important Notes, Farnon & Lake shall have an absolute discretion to cancel the contract of sale, to retain the Deposit if one has been paid and the terms of clause 8.1 below will apply 7.2 Overseas Purchases: Purchasers based or located overseas and in participation in any Farnon & Lake auction or sale, automatically give tacit consent to all and any purchases being made under United Kingdom law and restrictions only and agree that no law or restriction relating to any other country or due restriction may or can be applied. Overseas/offshore and absentee bidders will be required to make payment for items by bank transfer only, we will not be able to accept debit or credit cards in these circumstances. Attending purchasers will be required to produce a form of acceptable ID (UK driving licence or Passport) 7.3 All required payments will be settled in full and before removal or shipping of the Lot is permitted and will be in sterling (GBP) by way of CHAPS, Bankers Draft, Debit Cards, Cash (up to £5000 sterling per Buyer) or as otherwise specified in the Important Notes or directly by Farnon & Lake. All queries in relation to methods of payment must be made to Farnon & Lake accounts department and unless otherwise agreed by Farnon & Lake, the timing required under these Terms for payment is of the essence, and will under no circumstances be adjusted further to a failure on the part of the Buyer to make the necessary enquiries and preparations in order to pay the Hammer Price 7.4 In respect of telegraphic transfers, the remitting bank must include the invoice number, and any other reference as shown in the Important Notes, or as otherwise directed by Farnon & Lake 7.5 All Bankers’ Drafts will be confirmed with the drawn bank prior to acceptance. Buyers must provide full details of the drawn bank including branch, contact name and telephone number 7.6 Bankers’ Drafts can only be accepted for payment up to 4.00pm, Monday to Thursday. After this time collection will be deferred to the next Working Day 7.7 All Lots are sold exclusive of VAT which will be added to the Hammer Price and/or total amount due at the prevailing rate (if applicable) 7.8 All Lots must be paid for in accordance with clause 7.2 above and/or in the Important Notes which are listed online for each auction 7.9 Farnon & Lake is entitled to deduct the relevant fees from the Hammer Price (plus any VAT chargeable thereon) in respect of each Lot (which may, for the avoidance of doubt, include any commission due, the entry fee due (if applicable) and any other previously notified fees chargeable), before remitting the proceeds to the Seller 7.10 Without prejudice to any other rights of Farnon & Lake under these Terms in respect of the charging of commission, entry fees, Buyer Premium, and any other relevant fees, Farnon & Lake will be entitled to charge the Seller Premium and Buyer Premium in all cases including but not limited to: 7.10.1 when the Lot is sold in an auction irrespective of whether the contract of sale is later rescinded (save further to an act or omission of Farnon & Lake); 7.10.2 if the Lot is sold (or re-sold) by way of private sale on the Premises 7.10.3 if the Lot is re-sold further to the default of the Buyer, or the Seller 7.10.4 if the Seller becomes the Buyer 7.10.5 without prejudice to any of Farnon & Lake’s rights under these Terms, for the avoidance of doubt 7.10.6 Farnon & Lake will not be under any obligation to pay any monies to the Seller following the auction until such time as the Buyer remits all monies due in accordance with this clause 7 7.10.7 Farnon & Lake will be entitled to deduct from any payment due to the Seller, any amounts owed by the Seller to Farnon & Lake which Farnon & Lake has obtained prior consent from the Seller to so deduct
8 Buyer’s Default 8.1 If the Buyer does not honour its obligations for payment under clause 6 above in any way, Farnon & Lake as agents of the Seller shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights or remedies: 8.1.1 to rescind the contract for sale of the Lot (or any other Lot) sold to the defaulting Buyer at the auction and; 8.1.2 to retain the Deposit, if applied, and to pursue the Buyer directly for all monies owed including damages for breach of contract or; 8.1.3 to enter the Lot in question for re-sale at public auction or private sale 8.1.4. to retain that or any other Lot sold to the same Buyer at the same or any other auction and release it only after payment of the Hammer Price plus applicable fees 8.1.5 to reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auction 8.1.6 to apply any proceeds of sale then due or at any time afterwards becoming due to the defaulting Buyer towards settlement of the Hammer Price and to exercise a lien on any property of the defaulting Buyer which is in Farnon & Lake possession for any purpose 8.2 If the Buyer fails to remove the Lot from the Premises or arrange for collection of the Lot following the close off the auction (and such failure to remove the Lot is not due to a fault of Farnon & Lake), Farnon & Lake will have the right to: 8.2.1 re-enter the Lot into auction and charge the Defaulter’s Fee to the Buyer 8.2.2 charge a one-off administration fee of £50 (plus VAT if applicable) 8.2.3 move the Lot (at the risk of the Buyer provided that Farnon & Lake will use reasonable care and skill in such a move) to another Premises from that where the Buyer purchased the Lot; and 8.2.4 for every calendar day following the day on which the Lot(s) should have been collected from the Premises by the Buyer, the Buyer will incur a daily storage charge of £20 plus VAT per Lot stored without exception, and such charge will continue to accrue notwithstanding the transfer of any Lot to an alternative premises by Farnon & Lake (and for the avoidance of doubt, Farnon & Lake will deduct such charge from the Deposit if applied) 8.3 When a Lot is re-auctioned pursuant to clause 8.1 or 8.2 or otherwise in accordance with these Terms as deemed appropriate by Farnon & Lake, the proceeds of such re-sale will be applied in the following manner (for the avoidance of doubt, Farnon & Lake will only be able to apply the Deposit as against the costs listed below if the re-sale is occurring further to clause 8.1, and in the case of a resale occurring further to clause 9.2, the Deposit will first be applied as against the costs listed below, followed by the proceeds of the re-sale): 8.3.1 the Defaulters Fee on the re-sale which will be charged to the Buyer 8.3.2 any outstanding storage fees, removal fees, and insurance expenses due 8.3.3 any sums due under the original contract following the first auctions (together with any VAT chargeable) 8.4 The balance of the re-sale price, if any, shall be paid to the original Buyer if title in the Lot has passed to him but shall otherwise be paid to the original Seller or, where the Seller’s rights have been transferred to Farnon & Lake, shall be retained by Farnon & Lake. The original Buyer will remain liable to Farnon & Lake and/or the Seller subsequent to the re-sale, save where the proceeds of the re-sale have discharged such liability 8.5 For the avoidance of doubt, nothing in these Terms limits Farnon & Lake’s liability, nor, where applicable, the liability of the Buyer or Seller for: (a) death or personal injury caused by negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability
9 Buyer’s Duties 9.1 Immediately upon the sale of a Lot, the Buyer shall: 9.1.1 supply Farnon & Lake with their name, address and photographic identification if requested 9.1.2 pay all fees due to Farnon & Lake associated with the Lot(s) 9.2 In accordance with clause 5.3 above, the Buyer will be responsible for loss or damage to the Lots purchased from notification of successful bid and neither Farnon & Lake nor its servants or agents shall afterwards be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control 9.3 The Buyer shall be responsible for any damage occasioned to any adjoining or other Lots or to the Premises by the removal of their Lot(s) and shall repair the same either before removal of the Lots from the Premises or after such removal as Farnon & Lake may desire or shall pay the estimated cost of doing so to be fixed by Farnon & Lake whose decision shall be binding on the Buyer 9.4 Payment must be made as detailed in clause 7.3 above
10 Data Protection 10.1 Farnon & Lake will only use the personal information provided to them to provide the auction services, or to inform Buyers and Seller about similar services which they provide, unless told by such parties that they do not want to receive this information 10.2 The Buyers and Sellers acknowledge and agree that Farnon & Lake may pass their details to credit reference agencies 10.3 Within this clause, “Data Protection Act” means the Data Protection Act 2018 and “Data Controller”, “Data Processor” and “Personal Data” have the same meanings as in that Act 10.4 With respect to the parties’ rights and obligations under these Terms, such party shall be the Data Controller for information obtained in the course of the auction as permitted under these Terms. To the extent that the Buyer needs access to Personal Data relating to its receipt of the Lot, or a Seller needs access to Personal Data relating to its sale of the Lot, then Farnon & Lake shall be the Data Controller and the Buyer (and/or Seller) shall be the Data Processor in respect of such Personal Data 10.5 Farnon & Lake shall: 10.5.1 only process Personal Data relating to its management (or otherwise) of the auction in accordance with the regulations of the Data Protection Act 10.5.2 only process Personal Data to the extent, and in such manner, as is necessary for the provision of the auction services and/or its obligations under these Terms or as is required by law or any regulatory body 10.5.3 implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from unauthorised or unlawful processing or accidental loss, destruction or damage to Personal Data and to the nature of the Personal Data which is to be protected; and not perform its obligations hereunder or as otherwise set out in these conditions in such a way as to breach any of its applicable obligations under the Data Protection Act
11 General 11.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law 11.2 If or to the extent that any of these Terms (as amended from time to time in writing by Farnon & Lake are Terms to which any of the provisions of the Unfair Contract Terms Act 1977 or the Supply of Goods and Services Act 1982 or any subsequent modification or re-enactment thereof apply then such Terms shall be enforceable only to the extent permitted by those Acts or their subsequent modification or re-enactment and these Terms shall be construed accordingly 11.3 If Farnon & Lake fails, at any time while these Terms are in force, to insist that the Seller and/or Buyer perform their obligations under these Terms, or if Farnon & Lake does not exercise any of its rights or remedies under these Terms, that will not mean that Farnon & Lake has waived such rights or remedies and will not mean that the Seller and/or Buyer does not have to comply with those obligations. If Farnon & Lake do waive a default by the Seller and/or Buyer that will not mean that Farnon & Lake will automatically waive any subsequent default by the Seller and/or Buyer. No waiver by of any of these Terms shall be effective unless Farnon & Lake expressly says that it is a waiver and Farnon & Lake tell the Buyer and Seller so in writing 11.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 11.5 Lots in Farnon & Lake auctions that have been physically de-branded/de-badged are to remain de-branded. No original trademarks, web images, Seller/clients logos or other intellectual property may be copied or used by the winning bidder without prior written consent. Any customers in breach risk permanent exclusion from auctions and salerooms 11.6 These Terms shall be governed by English law and Farnon & Lake, the Seller and the Buyer all agree to the exclusive jurisdiction of the English courts
12 Online Terms of Participation and Sale 12.1 All participants in the Website auctions warrant that they are legally capable of entering into binding contracts, and are of the legal age required to purchase any relevant Good(s) 12.2 Any reference in the above Terms to the Buyer Premium will also, for the purposes of sale/purchases over the Website, include any online Buyer’s fees of which the Buyer will be so notified at the time of Registration 12.3 Buyers acknowledge that the online auction is a live auction and agree that each bid submitted as provided in these Terms is irrevocable and cannot be amended or corrected, even if submitted in error and notified to Farnon & Lake 12.4 Buyers are fully liable for all bids submitted via their online bidding account (including the liability to pay in full and on time in accordance with these Terms for any Lot that is the subject of a successful bid submitted from the Buyer’s account) 12.5 Farnon & Lake provide the online bidding service “as is” and without any warranty or condition, express, implied or statutory. Without limiting the foregoing, we accept no liability for any failures, delays or errors caused by interruptions in the availability of the online bidding service or our website or any errors or defects in their content or functionality, any software and/or hardware defects (whether the potential Buyers or Farnon & Lake) and or any internet connection problems (whether the potential Buyers or Farnon & Lake’) and Farnon & Lake do not represent or warrant that the Farnon & Lake website or online bidding platform will be error free, virus free, or that any defects will be corrected.
These Terms and any agreement to which these Terms apply shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts, without regard to conflict of laws rules. For any dispute under these Terms of Business, any claim (including, but not limited to any claim for injunctive or monetary relief) will be brought only in English Courts, and neither You nor Farnon & Lake Ltd will object to the exercise of personal jurisdiction by such court.