Terms and Conditions
(FOR CONDITIONS OF SALE FOR CLASSIC CAR AUCTIONS, AND OTHER AUCTIONS NOT HELD AT OUR LONG STREET SALEROOMS, PLEASE SCROLL DOWN)
FOR AUCTIONS HELD AT OUR SHERBORNE SALEROOMS;
INFORMATION FOR BUYERS
1. Introduction. The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency. As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
3. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer’s Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale, or may be listed on our addendum sheets. They are in no sense definitive.
4. Buyer's Premium. The Conditions of Sale oblige buyers to pay a buyer's premium at 19.5 % on the hammer price of each lot purchased. Buyers using live internet bidding will have to pay an additional 3% premium. In addition, VAT is added to this premium (see below).Bidder Deposits - Important, Charterhouse Auctioneers will at their discretion, take a deposit of £1000 GBP from a new bidder`s registered payment card. . Note: Charterhouse Auctioneers will not be liable for any associated charges or changes in exchange rates.
5. VAT. (*) indicates that VAT is payable by the purchaser at the standard rate on the hammer price as well as being added to the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due on importation into the UK. The double symbol (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the hammer price and the buyer's premium). Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that by law the VAT added to the Premium is not recoverable as input tax.
6. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Electrical goods. These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
8. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
9. Bidding. Bidders are required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Two forms of identification will be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
10. Commission bidding. Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. You may leave commission bids by telephone or FAX, and there is no ‘latest time’, but please be aware that the later you leave bids the less likely they are to go on the auction book. We will always endeavour to process commission bids for you, but there is no guarantee this will be done.
11. Methods of Payment. As a general rule any cheques tendered will need to be cleared before removal of the goods is permitted. Other methods of payment include debit cards (with no extra charge) Visa or mastercard credit cards (incurring a 2% charge) and cash up to £9,000. Buyers who use live auction bidding and are successful will automatically pay using the card they submitted when registering on the system.
12. Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
CONDITIONS OF SALE
Charterhouse carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
In these Conditions:
(a) "auctioneer" means the firm of Charterhouse or its authorised auctioneer, as appropriate;
(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which Charterhouse accepts instructions from sellers or their agents;
(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(2) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
Bidding increments shall be at the auctioneer’s sole discretion.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 19.5% plus VAT at the rate imposed by law.
5. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to "Information for Buyers" for a brief explanation of the VAT position).
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash up to £9,000, or credit card (subject to a 2% surcharge) or debit charge (not subject to a surcharge) or in such other way as is agreed by us. Cheques will not be accepted. Our preferred method of payment is by BANK TRANSFER. NOTE: Payment via credit or debit cards will only be accepted if made at the Charterhouse salesrooms with accompanying pin number. Non present card payments will ONLY be accepted with a full data match from your bank. If you are not able to pay in person with your card we recommend payment by bank transfer..
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
7. TITLE AND COLLECTION OF PURCHASES
(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges.
(3) No purchase can be claimed or removed until it has been paid for.
8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
(1) If any Lot is not paid for in full and taken away in accordance with these
Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(a) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out 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) or similarly for the safety of the property of persons visiting prior to or at a sale.
10. COMMISSION BIDS
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 failure 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.
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the 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 auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. TERMS OF SALE
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 the consignor at the time of the entry of the Lot.
14. DESCRIPTIONS AND CONDITION
(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 “information to buyers”.
(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17 (1) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail, email or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting or sending.
19. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
20. ATTRIBUTION OF PICTURES
The forename(s) (or asterisks where not known) and surname of the artist indicates in our opinion a work by the artist. The initials of the forename(s) and the surname of the artist indicates in our opinion a work of the period of the artist which may be wholly or in part his work. The surname of the artist indicates in our opinion a work of the school or by one of the followers of the artist or in his style and of uncertain date. Bears signature indicates in our opinion that this is not the signature of the artist. All other terms are self explanatory.
21. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
22. English law applies to the interpretation of these Conditions.
CONDITIONS OF SALE FOR CLASSIC CAR AUCTIONS, AND OTHER AUCTIONS NOT HELD AT OUR LONG STREET SALEROOMS
Conditions of Sale
1) All lots will be offered for sale subject to these conditions of sale for veteran, vintage and classic vehicles, motorcycles and automobilia and other relevant lots.
2) Charterhouse act as agents for the vendor of each lot and shall not be party to or liable in any manner whatsoever on any contract of sale between the seller and the buyer.
3) The Buyer.
a) The highest bidder acknowledged as such by the auctioneer will be the buyer. If any dispute arises, the auctioneer shall have absolute discretion to settle the matter. The auctioneer shall rule the bidding and no bid shall be retracted. The auctioneer reserves the right to refuse any bid. The bidder at the sale who is successful in purchasing any lot or lots is entirely responsible for paying for such lot or lots in accordance with our terms of business. Purchases made on behalf of a third party are entirely the responsibility of the bidder at the sale. The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots.
b) The buyer of any lot shall be solely responsible for conforming with the requirements of the Road Traffic Acts, the Construction and Use of Motor Vehicle Regulations and all relevant orders, rules and legislation made in connection therewith.
c) The buyer of any lot shall be solely responsible for the obtaining of any export license that may be required in connection with any lot purchased. (see below)
i) Buyers are reminded that an export license is required for any vehicle purchased for more than £15,999 and manufactured or produced 50 years prior to the date of export. Certain other items including, inter alia, all manuscripts and documents 50 or more years old and photographic material 60 or more years old and valued at £400 or more require export licences.
ii) It should be noted that export licences usually take a minimum of four weeks to obtain and buyers are reminded that their purchases must be stored away from the auction site, at their cost, pending export.
iii) Buyers are reminded that it is a serious offence to breach or attempt the regulations concerning export licences.
4) Buyers are reminded that their purchases are held at their risk from the fall of the hammer and Charterhouse will not accept any liability for loss of or damage to any lot.
5) Registration. To assist the progress of the sale, all prospective buyers must register their name and address at reception and collect a numbered bidding card before the sale commences. This card may be used to indicate your bids to the auctioneer during the sale. Two forms of identification need to be supplied to register, at least one with name, address, signature and preferably photograph, for example a new style driving licence. For prospective buyers who will not be at the sale, either because they are leaving absentee bids or are having a telephone bid, and who are interested in a vehicle or motorbike, a £1,000 deposit will need to be paid. This will be refunded if the bid is not successful. If the bid is successful, this sum will be used towards the final bill.
6) Buyer`s Premium.
A buyers premium of 10% (plus VAT) (11% if bought via i-bidder) is payable on is payable on all lots, with a minimum premium of £50 plus VAT payable on automobilia and a minimum premium of £100 plus VAT payable on vehicles. Please check with us prior to the auction if you are unsure which lots this applies to.
7) Value Added Tax. Lots on which Value Added Tax may be payable by the buyer on the "hammer price" are indicated in the catalogue by a symbol beside the lot number. The buyer shall pay any VAT which may be due on any amounts owed by the buyer under these Terms of Business at the rates prevailing on the day of the auction.
8) Auctioneers Margin Scheme. The Auctioneers Margin Scheme allows auctioneers to sell items without VAT on the hammer price. Under the margin scheme an amount equivalent to VAT at the current rate is added to the buyer`s premium. This amount cannot be refunded. The VAT element will not be shown separately on the buyer`s invoice.
9) Payment. The purchase price must be paid by the buyer to Charterhouse no later than 12 noon on the day following the sale. Our methods of payment are with cash or card. Payment by cheque is not accepted. Visa and MasterCard are accepted, and incur a 2% surcharge. Cash for amounts over £9,000 will not be accepted. All purchasers must be paid in full before any lot is removed from the premises, no goods will be released to buyers unknown to the auctioneers without adequate reference. Anyone who, for whatever reason, is unable to pay for their goods on the day of the sale, must inform the Accounts department as to the date and method that payment will be made. Accounts not paid within fourteen days will automatically be subject to an interest charge of 5% above base rate from the day of sale.
a) Please contact the office for our bank details, which are also at the foot of each invoice.
a) All lots are sold and purchased ‘as seen’. A vehicle sold ‘as seen’ is sold and purchased for what it is and with all its faults (if any) and without any condition, warranty or other term (whether expressed or implied and whether implied by statute, common law, custom or otherwise) as to the age, description, mileage, suitability, fitness for purpose, merchantable quality or roadworthiness of the vehicle.
b) Every effort has been made to ensure the accuracy of the description of each lot, but these, whether made orally or in the catalogue, are expressions of opinion and not representations of fact. Illustrations whether in the catalogue, on the web site, or sent by email are solely for guidance and must not be relied upon in any manner whatsoever. Most lots are of an age and nature which precludes their being in pristine condition. The condition of any lot and the nature of any damage and/or restoration should be confirmed by the buyer by examination prior to the sale. All prospective purchasers must satisfy themselves as to the condition, colour, age and all other matters relating to any lot and no claims will be accepted in respect of any such matter.
c) Each buyer by making a bid for a lot acknowledges that he has satisfied him or herself fully as to the condition of the lot. If any damage is done to any lot at the viewing or before, during or after the sale, such damage shall be made good by the person committing such damage, principals being responsible for the acts of their servants, such damage to be assessed by the auctioneers.
d) Whilst every endeavour has been made to ensure that the items lotted in this catalogue will be available and offered for sale in catalogue order, no responsibility can be accepted by the auctioneers for variations and omissions due to circumstances beyond their control. Neither Charterhouse nor the sellers of any lot will accept responsibility for any misrepresentations, mis-descriptions or omissions obtained in this catalogue.
11) Contract of Sale.
a) On the fall of the hammer, a contract of sale is completed between the seller and the buyer. Charterhouse is not a party to the contract of sale and shall not be liable for any breach thereof by the buyer or the seller.
b) If successful in buying a lot, please ensure that your number can be seen by the auctioneer and that it is your number that is called out. Should there be any doubts as to price or buyer, please drawer the auctioneer`s attention to it immediately. Please contact the accounts desk with details of how you will pay.
c) The ownership of the lot(s) purchased will not pass to the buyer until the buyer has paid the auctioneers in full the total amount due and the auctioneers have applied such payment to the lot.
12) Transfer of Risk. Each lot shall be the purchaser`s sole risk from the fall of the hammer and shall be sold with all faults and imperfections, the auctioneer not being responsible for the correct description, genuineness or authenticity of any lot and making no warranty whatsoever. The purchaser is deemed to have inspected the lots and satisfied himself as to their condition.
13) Commission Bids. If instructed, the auctioneers will execute bids and advise prospective purchasers. This service is free. Lots will always be purchased as cheaply as is allowed by such other bids and reserves as are on the auctioneer`s books. In the event of identical bids, the earliest will take precedence. There must always be a maximum limit indicated, ie the amount to which you would bid if you were attending the auction yourself. "Buy" or unlimited bids will not be accepted. Commission bids placed by telephone are accepted at the client`s risk. We do accept commission bids by facsimile. A deposit of £1000 is required to place a commission bid in this auction. If successful this deposit will go towards any purchase price. If you are unsuccessful the full amount will be refunded.
14) Telephone Bids. Requests for telephone bidding must be registered with the Accounts department within one hour of the close of the view day. It may not be possible to accept requests on sale days. Written confirmation of such bids from persons unknown to the auctioneers must be received before the commencement of the sale. Whilst every effort will be made to execute telephone bidding, the auctioneers cannot be held responsible for any default or neglect in connection with this service. All such arrangements therefore are made entirely at the prospective buyer`s risk. A deposit of £1000 is required to secure a telephone line in this auction. If successful this deposit will go towards any purchase price. If you are unsuccessful the full amount will be refunded.
15) Collection of Goods. All lots must be collected by 3.30pm on the day following the sale. Goods not collected by this time will automatically be removed and placed into storage. A removal charge of £70.00 + VAT per vehicle or £30 + VAT per motorcycle will be levied. Storage will then be charged at £10 + VAT per day or part thereof, per vehicle. post and packing for smaller items of automobilia can be arranged with the office. Please be aware there is a packing charge of £18 plus postage on top. Lots will only be released to the buyer or their authorised representative upon presentation of release notes issued by Charterhouse and settlement of any removal, handling and storage charges due. Purchasers are reminded that each lot shall be the purchasers sole risk from the fall of the hammer. Buyers should be aware that whilst lots remain at the auction site there are no facilities for secure storage after the auction.
16) Third Party Liability. Every person on the auctioneers` premises before, during or after a sale, shall be deemed to be there at their own risk and shall have no claim against the auctioneer or owner of the auction premises in respect of any injury they may sustain or any accident which may occur.