BUYERS CONDITIONS.
ClearSpace Auctions Ltd are referred to as the Auctioneers throughout these conditions of purchase.
Auction every Thursday 1pm to finish. In house and Live online Bidding with easyliveAuction ®
Viewing Wednesday midday -6pm and Thursday Prior to Sale start 10am - 1pm.
Saleroom closed to public all day Tuesdays.
Collection Thursday during Auction by discretion of auctioneer & Friday 9.30am – 6pm. Saturday 10-1pm, Sunday 10-2pm, Monday 9-midday
Buyer's Premium in house bidding. In addition to Hammer Price 15% (together with any applicable VAT, thereon) is payable by the buyer.
Buyer's Premium easyliveAuction ® authorises ClearSpace Auctions Ltd, if they wish, to charge the credit card given in part or full payment, including all fees, for item successfully purchased in the sale via www.easyliveAuction.com
This confirms that they are authorised to provide the credit card details to ClearSpace Auctions Ltd through this site and agree that ClearSpace Auctions Ltd is entitled to ship goods to the card holders name and address, provided in fulfilment of the sale.
Value Added Tax
Value Added Tax is always payable on the premium. It may also be payable on the Hammer Price, if the lot has been marked / mentioned in the catalogue.
VAT is charged at the rate that is applicable on day of sale. VAT is charged at 20% unless otherwise stated. All lots are sold subject to Auctioneers VAT margin scheme. Regulations require that the buyer's premium must be invoiced at a rate inclusive of VAT.
Absentee Bidding
Commission bids.
If a prospective buyer gives The Auctioneers, instructions to bid on their behalf, by using the form available at reception. We shall use reasonable efforts to do so. These instructions must be received 2 hours before the sale.
For the Auctioneer to accept Absentee/Commission, or telephone bids, we require details of a valid credit or debit card, including issue number, start and end date and the last three digits of the security number on the reverse. Without these details we may not accept the bid. Prospective bidders can either email or call the saleroom office.
If bids are successful buyers accept the ClearSpace Auctions Ltd will charge the card for the total amount due, within five working days of the sale. If you wish to pay by another card or method, you must call the office as soon as is possible after the sale, to do so.
If we receive 2 or more commission bids on a lot for identical amounts, and these bids are the highest bids for said lot, it will be sold to the person who’s bid we received first. This service is undertaken as a free service to prospective buyers on the terms stated, we will not accept liability for failure to make a commission bid. We recommend that prospective buyers always attend in person if they wish to be certain of bidding.
All bids made by ClearSpace Auctions Ltd on behalf of the buyer will be made at the lowest level possible, subject to reserves and other bids for the lot, and in line with auctioneer’s increments.
Full Conditions of Sale for ClearSpace Auctions Ltd.
These are the terms in which ClearSpace Auctions Ltd, as Auctioneers, contract with sellers and, as agent acting on behalf of sellers, with buyers. Buyers and Sellers should read the terms and conditions carefully, together with explanation of cataloguing practice. This notice applies to all sales.
THE BUYER
A Bidding is by a Paddle number only.
Bidders must complete a registration form, to gain a paddle number, providing identification as required before making an auction bid.
Any person who nonetheless makes a bid at a sale will be deemed to have accepted and agreed these conditions, and the terms of any notices and other conditions in the catalogue, whether or not they have delivered a completed Registration form, Absentee bid form or Telephone bid form.
B Items sold at auction are generally of some age. Lots are sold as "As is" basis, subject to all faults, imperfections and errors of description. Buyers are strongly advised to examine personally any goods in which they are interested, before the auction takes place. We provide no guarantee to the buyer other than in relation to forgeries. We allow electrical items listed as "function tested" to be returned within 7 days of sale. These will then be inspected for any accidental damage before deciding a suitable solution, which may be a partial refund, full refund or classed as no refund if found to be in a condition not as purchased. Many items are of an age or nature that precludes them being in perfect condition. The catalogue description is for guidance only and does not imply an item is free from defects nor does a reference to a specific defect imply absence of others.
PAT testing is for safety only.
C Bidding in principle. When making a bid prospective buyers will be accepting personal liability, unless it has been agreed in writing, at the time of registration, that a bidder is acting as agent on behalf of a third party acceptable to us. Buyer's details cannot be changed once the invoice is printed at the end of the sale.
D The buyer shall be the highest bidder acceptable to the auctioneer and the auctioneer shall have absolute discretion to settle any dispute.
E ClearSpace Auctions Ltd reserve the right at their absolute discretion to refuse admission to their premises or attendance at their sales, without giving any reason.
CATALOGUE DESCRIPTION
A Whilst every care has been taken by ClearSpace Auctions Ltd in the preparation of our catalogue, any statement as to authorship, attribution, origin, date, age, size, medium, weight, provenance, condition or estimated selling price is a statement of opinion of the seller or of ClearSpace Auctions Ltd and is not taken as a statement or representation of fact.
B Catalogue pictures are for guidance only and should not be relied upon to determine the tone/colour of any item or to reveal imperfections. Descriptions as to the condition of any lot, whether in the catalogue, written condition report or given orally are for guidance only. Absence of any reference does not imply that a lot is free from defects.
C Buyers are responsible for satisfying themselves concerning all aspects of the lot, including the condition, authorship, attribution, provenance, authenticity, age, suitability and origin, and matters referred to in the catalogue description prior to bidding.
CONDUCT OF SALE
A The auctioneer has the right to advance the bidding at his/her absolute discretion and reject any bid. Also to divide any lot, combine any two or more lots, withdraw any lots from the auction, vary the order in which are offered for sale. In the case of error or dispute, to put up the lot for sale again, without in any case giving previous notice.
B Subject to the auctioneer’s discretion the fall of the hammer marks the acceptance of the highest bid and the conclusion of a correct sale between the seller and buyer.
PAYMENT
A Upon the sale of the lot the buyer shall pay the total amount due (Including the Hammer price, the buyer's premium, any applicable value added tax and any other applicable charges) to ClearSpace Auctions Ltd within 3 working days, following the conclusion of sale.
B When payment is made, and said funds have cleared, the buyer shall remove the purchased lot/s from ClearSpace Auctions Ltd premises at his/her own expense within THREE working days after the sale.
C Storage fees of £1 per lot per day, will be accrued after the 3 days.
D We request that buyers wait until the end of the auction to collect items.
No lot/s purchased shall be removed whilst the sale in progress unless at
ClearSpace Auction Ltd express discretion.
Purchases will only be released when payments have cleared. ClearSpace Auctions Ltd shall retain items sold until all amounts due are paid in full.
Unless we specifically agree to the contrary, the buyer shall give his/her name, permanent address together with his/her bank details or suitable references and any other proof of identity they require driver's licence/passport, at ClearSpace Auctions Ltd absolute discretion.
E The buyer will be required to pay down forthwith the whole or in any part of the total invoice, and if he/she fails to do so, any lot/s bought by him/her may be offered again for sale at any time before the conclusion of the auction, at the auctioneer's discretion.
F All payments by mail, bank transfer, etc must be made in POUNDS STERLING.
There is no surcharge for Switch and UK debit/credit card/mastercard/Visa payments.
Non UK debit cards subject to 3% surcharge. We DO NOT accept American Express.
RESPONSIBILITY FOR PURCHASED LOTS
A At the fall of the hammer, risk for the lot sold shall pass to the buyer, and none to the seller, ClearSpace Auctions Ltd, their servants or agents.
B At the fall of the hammer, the buyer shall be responsible for any loss, omission or damage whether caused by negligence or otherwise.
C Ownership in the lot shall not pass to the buyer unless and until payment of the total invoice, and received by ClearSpace Auctions Ltd. A cheque given by the buyer in payment shall not be treated as a receipt until it has cleared.
D Any packing and handling of purchased lots by ClearSpace Auctions Ltd, is undertaken solely as a service to buyers and will only be undertaken at the buyers' sole risk. The Auctioneers shall not be liable in any event for loss or damage irrespective of cause.
E Buyers are advised to obtain insurance in respect of a lot, and to arrange for collection, as soon as possible after the sale.
STORAGE CHARGES
A Any items not collected by the end of three working days following sale, whether or not payment is made, will be subject to a storage charge at the buyer's expense of £1 per lot per day, up to a maximum of 25 days. If the lot/s remain uncollected they shall be entered into the next available sale, and sold without reserve, on behalf of the buyer, whether or not payment is made. If this results in a lower price being obtained, ClearSpace Auctions Ltd shall claim the balance from the buyer together with any costs incurred in connection to buyers' failure to make payment.
REPRESENTATION/STATEMENTS
We have an obligation to refund the buyer in the circumstances of forgeries.
However, neither the seller nor we, nor any of our employees or agents, are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any lot, nor for any other errors of description or any other faults in any lot. These are statements of opinion only and not fact, ClearSpace Auctions Ltd are not liable for any omissions in the catalogue. Any warranty of any kind whatsoever is excluded by this clause. All lots are sold with all faults and imperfections and errors of description. Buyers should satisfy themselves as to the condition of any lot before bidding.
REFUND IN THE CASE OF FORGERIES
The sale of that lot will be cancelled and the amount refunded to the buyer if a lot sold by the Auctioneer proves to have been a forgery. We Shall not however be obliged to refund any amounts if either (a) the catalogue description at the auction date corresponded to the generally accepted opinion of scholars or experts at the time, or fairly indicated that there was a conflict of opinions; or (b) it can be demonstrated that the lot is a forgery only by means of either a scientific process not generally accepted for use until after the publication of the catalogue or a process which at the date of the auction was unreasonably expensive or impractical or likely to cause damage to the lot. Furthermore, the buyer should note this refund can only be obtained if the following conditions are met:
A Within one month of the sale of the lot the buyer gives notice to ClearSpace Auctions Ltd in writing that the lot purchased by him/her through ClearSpace Auctions Ltd is a forgery (as herein defined);
B The buyer returns the lot to ClearSpace Auctions Ltd in the same condition as it was at the time of the auction at which it was purchased; and
C The buyer proves to ClearSpace Auctions Ltd reasonable satisfaction that the lot is a forgery and that he/she is able to transfer a goods title thereto free from any liens, changes or encumbrances; and
D The buyer demonstrates to ClearSpace Auctions Ltd reasonable satisfaction that the lot alleged by him/her to be a forgery is the lot purchased by him/her through ClearSpace Auctions Ltd. In no circumstances shall we be required to pay the buyer any more than the amount paid by him/her for the lot concerned and the buyer shall have no claim for interest. The benefit of this condition is not capable of being transferred and is solely for the benefit of the person to whom the original invoice was made out to by us in respect of the lot when sold and who, since the sale, has remained owner of the lot without disposing of any interest in it to a third party. ClearSpace Auctions Ltd shall be entitled to rely on any scientific or other process to establish that the lot is a forgery, whether or not such a process was used or in use at the date of the auction. This condition does not apply to coins, medals or jewellery.
ESTIMATES
ClearSpace Auctions Ltd makes no representations or warranties as to the anticipated selling price of property. No estimates anywhere made by ClearSpace Auctions Ltd, its servants or agents, whether in writing or orally, may be relied upon as a prediction of the actual selling price. Estimates in catalogues, receipts and elsewhere are subject to revision by ClearSpace Auctions Ltd from time to time in the exercise of its sole discretion.
REFUNDS
ClearSpace Auctions Ltd agree to refund the hammer price and the buyer's premium to the buyer on the buyer claiming that the seller did not have the right to sell subject to the following conditions: the buyer was acting in good faith; and
ClearSpace Auctions Ltd has been prevented from giving possession of the lot to the buyer or the buyer has given up possession of the lot in either a case virtue of a Court Order (including Interlocutory Order) of a court of England and Wales made at the instance of any third party claiming to be the owner; or the buyer has given up possession of the lot to the police in connection with any investigation into the theft of the lot; and if ClearSpace Auction Ltd refund the hammer price under this clause then should it transpire the buyer obtained title at auction, title vests in ClearSpace Auctions Ltd. Any claim by a buyer against ClearSpace Auctions Ltd whether under any of these conditions or otherwise arising out of a sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot and shall not be extended to any consequential or other loss or damage or expense suffered by the buyer.
ELECTRICAL AND MECHANICAL GOODS
Untested/spares & repairs electrical goods are sold as buyer beware.
DATA PROTECTION
For the purpose of the Data Protection Act 1998 controller is ClearSpace Auctions Ltd, Unit 1, Edison Court, Enterprise way, Spalding, PE11 3YR. ClearSpace Auctions Ltd, will not disclose your personal data to any third party outside our group for the purpose of direct marketing.
Card details will be kept secure, in compliance with the Data Protection Act 1998, and will not be kept for any longer than is necessary.
SELLERS
The seller warrants to ClearSpace Auctions Ltd and to the buyer that at all relevant times hereunder, including without limitation at the time of sale.
A The seller is the true owner of the property, or is properly authorised to sell the property by the true owner and is able to and shall in accordance with these conditions transfer possession of the property free from any third-party claims (including without limitation any claims of governments or governmental agencies with respect of property), liens or encumbrances;
B The seller has provided ClearSpace Auctions Ltd with all information the seller has concerning the provenance of property;
C Unless the seller advises ClearSpace Auctions Ltd in writing to the contrary at the time the property is delivered to ClearSpace Auctions Ltd, that there are restrictions, copyright or otherwise, relating to the property or on ClearSpace Auctions Ltd to reproduce photographs of the property and the seller gives ClearSpace Auctions Ltd full and absolute rights to photograph and illustrate any lot consigned to a ClearSpace Auctions Ltd sale. The Auctioneer retains copyright in all photographs taken and illustrations made by ClearSpace Auctions Ltd.
D For property not held on ClearSpace Auctions Ltd premises or under its control, that such property will be available and in a deliverable state at the time the buyer is entitled to take possession of the lot in accordance with the conditions.
E Unless the seller advises ClearSpace Auctions Ltd in writing to the contrary at the time the property is delivered to ClearSpace Auctions Ltd, such goods are safe if reasonably used for purpose for which they were designed and are free from defect not obvious on external inspection which could prove dangerous to human life/health.
F Unless the seller advises ClearSpace Auctions Ltd, in writing to the contrary at the time the property is delivered to ClearSpace Auctions Ltd, the property has been properly and legally imported into the European Union and all taxes or duties on importation into the European Union have been paid.
G Neither the seller on their own behalf, nor any person on the seller’s behalf except the auctioneer, may make any bid in respect of lots of which the seller is the owner.
H Instructions regarding the lots will only be accepted from the seller, which in this instance shall be taken as the person named on the receipt/entry form.
SELLERS COMMISSION / LOTTING FEES
A charge of £0.50 (plus VAT) per sale is payable for every individual lot entered into a sale. These charges are payable whether and item sells or not. If an item sells, in addition to the lotting fee, a seller’s premium at the rate of 19% of the hammer price of each lot., together with any VAT chargeable. Is also payable by the seller to ClearSpace Auctions Ltd. All electrical goods are subject to a charge of £2 per lot for a function test. These charges will be deducted after the sale and indicated on the seller's post sale statement. The seller acknowledges that ClearSpace Auctions Ltd will receive from the buyer commission at their usual rates, on the sale of any lot, in addition to the said premium and assents to ClearSpace Auctions Ltd receiving thew said commission.
PAT testing a £1 per item.
RESERVES
A All goods are automatically offered for sale without reserve, unless specifically agreed in writing with ClearSpace Auctions Ltd.
B The reserve, if any should be clearly written on the receipt for the items at the time of delivery to ClearSpace Auctions Ltd. ClearSpace Auctions Ltd will be happy to suggest if a reserve if it would be appropriate on a seller’s item.
C The reserve, will only apply to the first sale in which the item is entered. Where no reserve is listed, ClearSpace Auctions Ltd, may sell the items at any price.
D Where a reserve has been applied to a lot, the auctioneer may, on behalf of the seller, place bids (up to an amount not equalling or exceeding such reserve). ClearSpace Auctions Ltd may at its option sell at hammer price below the reserve at a discretion of between 10 and 20%.
ENTERING ITEMS FOR SALE
A Where a representative for the Auctioneers has viewed an item in person, we will issue a written receipt briefly describing the item/s, and suggest whether a reserve is appropriate for the item/s.
B Sellers are required to sign and date a copy of the entry for and agree to our terms and conditions. When entering items for sale the seller agrees that the description of the items on the receipt is to their satisfaction, sufficient to identify the lot and, to the best of their knowledge, a true representation of the item/s left in the Auctioneer’s possession. It is the responsibility of the seller to inform ClearSpace Auctions Ltd of any omissions, errors or inaccuracies on the entry form.
ITEMS POSTED OR DELIVERED TO CLEARSPACE AUCTIONS LTD
Where a representative from ClearSpace Auctions Ltd has not previously viewed the items in person and issued a handwritten receipt/entry form for the items.
A Sellers must sign and date a copy of our terms and conditions and return this signed copy ClearSpace Auctions Ltd before sending any items to us via post or other transport. Sellers are reminded that all items are sent at the sellers’ sole risk.
B It shall be assumed that these items are to be sold with no reserve until such time as a ClearSpace Auctions Ltd has had an opportunity to examine the items to their satisfaction. If after examining the items, ClearSpace Auctions Ltd believe they are suitable for entry into a sale. We will issue a written receipt for the items and agree in writing a reserve if any with the seller. If the suggested reserve is acceptable to the seller, the seller should sign and date their agreement on the entry form provided, and post to ClearSpace Auctions Ltd.
If ClearSpace Auctions Ltd believe that any item is unsuitable for entry into the auction, we will inform the seller. We will return items sent via post/other transport exactly and only those items which were received from the seller. It is the responsibility of the seller to fully insure the items for whatever value they deem acceptable to the seller and pay the cost of transportation. This also applies if a lot is unsold and we agree to return the item to the seller.
However, proof of ClearSpace Auctions Ltd receipt of a posted package or consignment is not to be taken as proof of ClearSpace Auctions Ltd, acceptance receipt or possession of an item. ClearSpace Auctions Ltd will only accept receipt or possession of an item/s as are listed by them on an entry form sent from the seller.
LOSS, DAMAGE INSURANCE COVER RISK
Loss and damage warranty ClearSpace Auctions Ltd is not regulated by the FSA for the provision of insurance to its clients. The seller assumes the risk of loss/damage to the property from the time of ClearSpace Auctions Ltd receipt of such property until risk of loss/damage to the property passes to the buyer.
PREPERATION OF GOODS FOR SALE
ClearSpace Auctions Ltd has sole and absolute discretion regarding the grouping of property into lots, providing catalogue and other descriptions, the dates of auction/s and the manner of conducting each sale.
Where lots reserves have been combined or divided, ClearSpace Auctions Ltd shall combine or divide the lots in such a way that should all lots sell at their agreed reserve price, the seller would receive no less than the full amount of the original reserve agreed, less applicable charges and VAT.
The seller authorises ClearSpace Auctions Ltd to undertake any tests, research or enquiries or to consult and rely on outside experts, consultants or restorers in relation to the property as ClearSpace Auctions Ltd may, at their absolute discretion, deem appropriate.
Unsaleable goods in ClearSpace Auctions Ltd's, opinion have no saleable value will be disposed of at the Auctioneer’s sole discretion either to a charity or consignment or destruction. It shall be assumed that the seller agrees to such disposal of goods, and that no prior notice of such disposal will necessarily be given. ClearSpace Auctions Ltd reserve the right to charge the seller for costs incurred for the disposal of goods.
Soft furnishings; The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered for sale and must be removed at the seller's expense.
ClearSpace Auctions Ltd reserve the right to dispose of unsafe goods as refuse, at the seller's expense and without further reference to the seller. The minimum fee is £25+VATper item.
The rights of disposal referred to above are subject to provision of the Torts
(interference with goods) Act 1977, schedule 1.
PRIVATE SALES
If a lot fails to reach its reserve, the seller authorises ClearSpace Auctions Ltd, as the seller’s exclusive agent, for a period of 30 days following the auction to sell the lot privately for a price that will result in a payment to the seller not less the net amount after payment of all applicable charges, equal to the reserve price.
UNSOLD LOTS
Where any item/s fail to sell at auction or privately as set forth above, the seller shall make arrangements in writing either re-offer in a future sale or to arrange collection of the item/s WITHIN 3 DAYS following the sale.
Items unsold being offered in a future sale the reserve price if any, shall be dropped by 20% or the nearest lower bid at the appropriate sale. Unless specifically agreed with ClearSpace Auctions Ltd in writing.
If the seller does not want items re-entering, the seller can collect said item/s. Within 3 days of the sale date. Storage charges are applicable thereafter.
ClearSpace Auctions Ltd reserve the right to remove items from the premises and place in storage, at the seller’s expense.
WITHDRAWN LOTS
If an item is listed for sale in the current catalogue, a minimum charge of £5 per lot, or 10% of the reserve price whichever is greater, will be payable by the seller for withdrawing current lots.
ClearSpace Auctions Ltd may withdraw lots from the sale without liability to the seller if ClearSpace Auctions Ltd believe that: there is doubt as to the authenticity or attribution of said item/s, any of the seller's representatives or warranties are inaccurate in any way, or the seller breaches any provisions of the conditions of sale.
PAYMENTS
Proceeds of sale, are paid up to £50.00 in Cash Sterling. Over £50.01 via Bank Transfer, cash via special arrangement only. Up to 20 days post sale of item/s.
ClearSpace Auctions Ltd are under obligation not to disclose the identity of either seller or buyer.
ClearSpace Auctions Ltd makes no representations or warranties as to the anticipated selling price of any item/items.
These Conditions of Sale are subject to English Law.
The above Conditions and all notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot, are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any being accepted for lotting.
