Buyers and Sellers are advisFed to read carefully the following Terms and Conditions of business that contain exclusively the terms under which Braintree and Bocking Auctions “BBA” conduct their sales and deal with related matters.
THIRD PARTY LIABILTY
All persons on BBA’s premises at any time are there at their own risk. BBA shall not be liable for any injury, damage or loss that may be suffered by any person on BBA premises in connection with the business of BBA save that nothing in this condition shall be taken as excluding or restricting or as attempting to exclude BBA’s liability for death or personal injury resulting from negligence as defined in the Unfair Contract Terms Act 1977. They shall have no claim against BBA in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the negligence of BBA or its employees.
CONDITIONS WHICH APPLY TO BUYERS
1. BBA as Agent.
BBA act only as agent for the Seller and makes no representation and gives 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 auctioneer as signified by the fall of the hammer.
B. BBA has sole discretion to decide whether a bid has been made, where there has been a dispute as to the bidding and to settle any dispute.
C. Every bidder shall, if required to comply with Easylive conditions before bidding at the auction.
D. Every bidder acts as principal.
E. Viewing of lots should be made by arrangement with BBA.
3. Buyer’s premium.
The Buyer of any Lot shall pay BBA a premium equal to 20 per cent of the hammer price for any item purchased at Auction. The Buyer acknowledges that BBA 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.
Please note that any lots purchased via easyliveauction.com will be subject to an additional 3% premium charge plus VAT at the standard rate imposed on the hammer price or no commission for the internet bidding if the “Flat Fee” has been chosen at registration.
5. Payment and Risk
A. At the fall of the hammer
i. The buyer shall give to BBA his name and address and the full amount of the Purchase Price to include all commissions payable.
ii. The risk of loss or damage to the Lot shall become the full responsibility of the Buyer, notwithstanding that title may not yet have been passed to the Buyer.
B. Legal and beneficial ownership of a lot shall not pass to the Buyer until payment in full for the Lot along with any interest or other sums that may be outstanding on any account is received in cleared funds by BBA and BBA 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 BBA within 72 hours of the sale.
D. Methods of Payment:
i. Cash in Sterling.
ii. Credit cards.
iii. Debit Cards.
iv. Bank transfers in Sterling. Please note that overseas bank transfers are subject to an additional £10 fee.
v. In completing the bidder registration on easyliveauction.com and providing your credit/debit card details.
6. Collection of Purchased Lots.
A. No Lot may be removed during an auction, nor may any Lot be removed until the purchase price has been paid in full. However, buyers will be entitled to inspect any Lot after the fall of the hammer subject to it being removed to a safe and secure location by BBA immediately following sale.
B. The Buyer shall remove from BBA’s premises at his own expense any Lot purchased by him within 72 hours of the sale or by arrangement with BBA.
C. The Buyer will be responsible for any removal, storage and insurance charges if a Lot is not removed in accordance with Condition 6 (B) above, but nothing in this clause constitutes any representation by BBA that it will maintain insurance in respect of any such Lot.
D. BBA will not be liable for any damage caused to any Lot after the fall of the hammer.
E. The Buyer is solely responsible for arranging all packing and transportation. BBA may from time to time recommend transporters, packers or shippers but any such recommendation is given without liability and BBA shall not be liable for any loss or damage to any Lot howsoever caused.
F. Collection by agents. If an agent or carrier is collecting goods on behalf of the Buyer they must produce either a written authority from the Buyer or a receipted BBA invoice for the Lot/s.
H. We regret we do not provide any onsite packing service.
Remedies for non-payment or failure to collect purchases
In the event that a buyer fails to pay for or collect a Lot BBA 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 cost 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 the Lot or cause it to be resold by public sale or private treaty. Any deficiency in the purchase price resulting from any such re-sale, together with any costs incurred in connection with the Lot, shall be paid to BBA by the original Buyer and any surplus after deduction of costs and charges shall be due to the original Buyer.
D. To charge interest on any outstanding monies at the rate of 1.5% per month or part thereof to the extent they remain unpaid for more than 72 hours from the date of the sale.
8. Condition of Lots
A. All catalogue descriptions, verbal descriptions and advertisements for sales concerning attribution, genuineness, authorship, origin, period, date, age, provenance, quality, condition or estimated selling price are statements of 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. Refund Policy. In certain circumstances, where lots have been mis described, lots may be returned, within a two week period from the date of the auction, and a refund of the hammer price and buyer’s premium made.
C. All conditions, warranties, terms, undertakings and obligations implied by statute, common law, custom, trade usage or otherwise (including, without prejudice to the generality 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 Buyer’s statutory rights under the Sale of Goods Act 1979 as amended.
D. Whilst BBA will make every reasonable effort to avoid damaging items whilst stored on our premises after an auction BBA accepts no responsibility for any accidental breakage, loss or damage or for the deterioration in condition of items which are already in poor condition. In addition BBA accepts no responsibility for damage caused, due to their fragile nature, of picture and mirror frames made of wood, plaster or gesso.
1. BBA has absolute discretion to refuse any bid, to determine the advance of the bidding, to divide or split any Lot, to combine any amount of Lots and to cancel the sale without giving any reason and without previous notice.
2. Each Lot is put up for sale subject to any reserve price put on it. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person who may be the auctioneer.
3. BBA disclaim responsibility for any default by the Seller for whom it acts as agent. Neither the seller nor any person in the employment of BBA makes or has the authority to make, any representation of fact nor to give any warranty.
4. BBA have the absolute right to refuse any person admission to its premises or attendance to its auctions.
5. These Conditions of Business are governed by and shall be construed in accordance with English law and all parties concerned hereby submit to the exclusive jurisdiction of the English courts.
Although we would prefer you to collect the items you have won onsite postage or delivery will be based on individual items. Lots purchased by UK buyers will be sent using Royal Mail insured & signed for services. Postage costs will include packing and packaging. All items posted will be at the liability of the buyer and once posted we accept no responsibility. Lots purchased by overseas buyers will ALL be sent by Royal Mail ‘Tracked, Signed & insured’ and again once posted will be at the liability of the buyer. If you want a postage quote please be sure to request one at least 48 hours before the end of the auction. For larger items we have a National courier service, please enquire for a quote which is advisable before bidding.