These Comprehensive Terms of Business ("Terms") govern the relationship
between Essex and Suffolk Auctions ("the Auctioneer," "we," "us," "our") and
prospective buyers ("Bidders," "you," "your") and sellers ("Vendors") of goods
offered for sale at our auctions. By registering, consigning, or participating in our
auctions, whether in person, by telephone, online, or by absentee bid, you agree to
be bound by these Terms. These Terms supersede any prior terms of business.
Part A: General Conditions Applicable to All Parties
1. Definitions
• Auctioneer: Essex and Suffolk Auctions, including its employees, agents, and representatives.
• Lot: Any item or group of items, including but not limited to antiques, collectibles, fine art, jewellery, furniture, and chattels, offered for sale by the Auctioneer as a single unit.
• Hammer Price: The final price at which a Lot is knocked down by the Auctioneer to the successful Bidder, excluding any premiums, VAT, or other charges.
• Buyer's Premium: A percentage of the Hammer Price payable by the Buyer to the Auctioneer, plus VAT thereon.
• Vendor's Commission: A percentage of the Hammer Price payable by the Vendor to the Auctioneer, plus VAT thereon.
• VAT (Value Added Tax): Value Added Tax at the prevailing rate in the United Kingdom, as applicable to goods and services.
• Total Amount Due (Buyer): The sum of the Hammer Price, the Buyer's Premium, any applicable VAT (on the Hammer Price and/or premium), Droit de Suite (Artist's Resale Right) charges, and any other agreed charges (e.g., shipping, storage, credit card surcharges).
• Net Proceeds of Sale (Vendor): The Hammer Price less the Vendor's Commission, any applicable VAT on the commission, photography/illustration charges, insurance charges, withdrawal fees, unsold lot fees, and any other agreed expenses or charges.
• Consignment: The act of entrusting goods to the Auctioneer for the purpose of sale by auction.
• Vendor: The legal owner of the Lot(s) offered for sale, or a person duly authorised by the legal owner to sell the Lot(s).
• Bidder: Any person or entity who registers with the Auctioneer and makes a bid for a Lot, whether in person, by telephone, online, or by absentee bid.
• Buyer: The Bidder whose bid is accepted by the Auctioneer as the highest bid for a Lot, upon the fall of the hammer.
• Working Day: Any day from Monday to Friday, excluding public holidays in England.
2. Status of the Auctioneer
• The Auctioneer acts solely as an agent for the Vendor. The contract for sale of the Lot is directly between the Vendor and the Buyer. We are not responsible for any default by the Vendor or the Buyer.
• We reserve the right to refuse to accept any consignment or bid without providing a reason.
3. Data Protection and Privacy
• We will collect, store, and process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• Your personal information may be used for purposes including, but not limited to, auction registration, billing, communication, and for marketing purposes where you have given consent.
• Our full Privacy Policy, detailing how we collect, use, store, and protect your personal information, and your rights concerning your data, is available on our website or upon request.
4. Liability and Indemnity
• Exclusion of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, consequential, special, or punitive loss or damage, or for any loss of profits, business, goodwill, or anticipated savings, howsoever arising.
• Limitation of Liability: Our total liability to any Bidder or Vendor for any claim arising out of or in connection with these Terms or any auction shall not exceed the Hammer Price of the Lot in question, or the estimated value of the Lot if unsold or withdrawn, whichever is lower. This limitation does not apply to liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
• Third-Party Liability: We are not responsible for the acts or omissions of third parties, including but not limited to shippers, restorers, or online bidding platform providers.
• Indemnity: You agree to indemnify and hold harmless the Auctioneer, its employees, and agents from and against any claims, liabilities, costs, damages, and expenses (including legal fees) arising from your breach of these Terms, your negligence, or any misrepresentation made by you.
5. Copyright and Intellectual Property
• The copyright in all images, illustrations, and written material produced by or for the Auctioneer relating to Lots (including catalogue entries and website content) is and shall remain our property.
• We reserve the right to use such images and material at any time in the future for advertising, marketing, or other purposes.
• You acknowledge that you have no right to reproduce any such material without our express written permission.
6. Governing Law and Jurisdiction
• These Terms and all transactions to which they apply shall be governed by and construed in accordance with English law.
• All disputes arising out of or in connection with these Terms, or any auction, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7. Severability
• If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in full force and effect.
8. Waiver
• No failure or delay by us in exercising any right or remedy under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
9. Force Majeure
• We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, riot, civil commotion, fire, flood, epidemic, pandemic, industrial disputes, or governmental regulations.
10. Notices
• Any notice or communication required or permitted to be given under these Terms shall be in writing and addressed to the relevant party at their last known address or email address. Notices shall be deemed to have been received:
-If sent by first-class post, two Working Days after posting.
-If sent by email, at the time of transmission, provided no error message is received.
Part B: Conditions of Sale for Buyers
1. Agency and Contract
• As stated in Part A, we act as agents for the Vendor. The contract for sale is
concluded directly between the Vendor and the Buyer at the fall of the
hammer.
2. The Buyer
• The highest Bidder acknowledged by the Auctioneer shall be the Buyer.
• In the event of any dispute arising during the bidding process (e.g., conflicting bids, technical issues with online bidding), the Auctioneer has absolute discretion to determine the dispute, to re-offer the Lot, or to withdraw the Lot. The Auctioneer's decision is final.
3. Buyer's Premium
• A Buyer's Premium of 20% of the Hammer Price will be charged on all Lots,
plus VAT at the current rate on the premium.
• For example, if the Hammer Price is £100, the Buyer's Premium is £20, and
the VAT on the premium is 20%. The Total Amount Due would be £100 + £20 +
20% = £144.
4. Value Added Tax (VAT) and Other Charges
• Standard VAT: Lots marked with a * (asterisk) or [VAT symbol] in the catalogue are subject to VAT on the Hammer Price, in addition to the Buyer's Premium and VAT on the premium. This typically applies to Lots imported from outside the UK or consigned by VAT-registered businesses.
• Margin Scheme: Most Lots are sold under the Auctioneer's Margin Scheme.
In these cases, VAT is included in the Hammer Price and Buyer's Premium, but cannot be separately reclaimed by the Buyer.
• Droit de Suite / Artist's Resale Right (ARR): Lots marked with [ARR symbol] are subject to Droit de Suite (Artist's Resale Right). This is an additional levy payable by the Buyer on certain works of art created by living artists or those who have died within 70 years of the sale date. The charge is calculated on a sliding scale based on the Hammer Price (from €1,000 to €50,000) and is subject to VAT. The maximum ARR payable on any single Lot
is €12,500. Details of the current thresholds and rates are available upon
request. This charge is separate from the Buyer's Premium.
5. Bidding Procedures
• Registration: All Bidders must register their full name, address, contact details, and provide satisfactory photographic identification (e.g., passport, driving licence) and proof of address (e.g., utility bill) prior to bidding. We reserve the right to refuse registration or to request financial references.
• Age Restriction: Bidders must be at least 18 years of age.
• Bidding Increments: The Auctioneer will determine the bidding increments, which may vary at their sole discretion during the auction.
• Absentee Bids (Commission Bids):
- We will use reasonable endeavours to execute absentee bids on your behalf, but we accept no liability for any errors or omissions in doing so, or for any failure to execute a bid.
- Bids must be received by us at least 30 minutes prior to the start of the relevant Lot's auction.
- If two identical absentee bids are received, the earliest bid received will take precedence.
• Telephone Bids
-Telephone bidding may be available subject to prior arrangement and availability of lines. Requests must be made at least 24 hours in advance of the auction start time.
- We accept no liability for any failure to connect, dropped calls, or for any errors or omissions during telephone bidding.
-Telephone bids are generally recorded for security and training purposes.
• Online Bidding:
-Bidding through third-party online platforms may incur additional charges (e.g., a percentage of the Hammer Price) levied by the platform provider. These charges are
separate from our Buyer's Premium and will be clearly stated by the
online platform.
- We accept no liability for any technical issues, system failures, or interruptions that may occur with online bidding platforms, which are beyond our control.
• Auctioneer's Discretion: The Auctioneer has the absolute right to:
o Refuse any bid.
o Advance the bidding as they may decide.
o Withdraw any Lot before or during the auction.
o Divide any Lot or combine any two or more Lots.
o Bid on behalf of the Vendor up to the reserve price (if any), without
disclosing that such bids are made on behalf of the Vendor.
6. Payment Terms
• Time of Payment: The Total Amount Due must be paid in full immediately after the fall of the hammer or, at the latest, within 3 Working Days of the auction date. Time of payment is of the essence.
• Methods of Payment: We accept payment by:
o Bank Transfer (BACS/CHAPS) – preferred method.
o Debit Card (Visa Debit, MasterCard Debit) – no surcharge.
o Credit Card (Visa, MasterCard).
o Cash – accepted up to a limit of £8,500.00p (or equivalent in other currencies) per transaction, in accordance with anti-money laundering regulations.
o We do not accept cheques or American Express.
• Failure to Pay: If the Total Amount Due is not paid by the due date, we reserve the right, without prejudice to any other rights or remedies we may have, to pursue one or more of the following actions:
- Charge interest on the unpaid amount at a rate of 8% per annum above the Bank of England base rate, calculated daily from the due date until full payment is received.
-Charge a storage fee of £15.00p per Lot per day (plus VAT) from the due date until collection.
- Rescind the sale of that Lot or any other Lot sold to the defaulting
Buyer at the same or any other auction.
-Retain any other Lots belonging to the Buyer in our possession until
the Total Amount Due is paid in full.
- Resell the Lot by public auction or private treaty. Any shortfall between the original Total Amount Due and the proceeds of resale (after deducting all costs, expenses, and commissions related to both sales) shall be borne by the defaulting Buyer. Any surplus shall belong to the Vendor.
- Commence legal proceedings against the Buyer for the recovery of the Total Amount Due, interest, storage charges, and legal costs.
-Release the name and address of the defaulting Buyer to the Vendor.
- Exclude the defaulting Buyer from future auctions.
7. Collection of Purchases and Risk
• Time of Collection: Purchased Lots must be collected from our premises within 10 Working Days of the auction date, unless otherwise agreed in writing. Our collection hours are Monday-Friday, 9:30 AM - 5:30 PM.
• Risk: All Lots are at the Buyer's sole risk from the fall of the hammer. This means the Buyer is responsible for any loss or damage to the Lot from that moment, regardless of whether payment has been made or the Lot has been collected. Buyers are strongly advised to arrange insurance for their purchases immediately.
• Storage Charges: Lots not collected within the specified time will be subject
to storage charges of £15.00p per Lot per day (plus VAT) from the expiry of the
collection period.
• Off-Site Storage: We reserve the right to move uncollected Lots to an off-site storage facility, at the Buyer's expense, after 7 Working Days. The Buyer will be responsible for all costs associated with such removal and storage.
• Removal: Buyers are responsible for the safe removal of their purchased Lots. This includes providing appropriate packing materials, transport, and any necessary lifting equipment. We recommend using professional carriers for large, fragile, or valuable items. We accept no liability for any damage caused to the Lot or to our premises during the removal process, whether by the Buyer or their appointed agents. Assistance with loading may be available by prior arrangement but is at the Buyer's sole risk.
8. Condition of Lots and Due Diligence
• "As Is" Basis: All Lots are sold "as is" with all faults, imperfections, and errors of description. Bidders are strongly encouraged to inspect Lots thoroughly during viewing times prior to bidding.
• Descriptions: Catalogue descriptions, condition reports, and any statements made by the Auctioneer, whether in writing or orally, are statements of opinion only and not statements of fact. While we endeavour to be accurate, we do not guarantee the accuracy of any description, including but not limited to, authorship, period, date, condition, dimensions,
weight, materials, provenance, or authenticity.
• No Warranty: No warranty, express or implied, is given by the Auctioneer or the Vendor as to the condition, authenticity, origin, age, suitability for purpose, or fitness for purpose of any Lot.
• Repairs and Restoration: Many Lots are of an age and nature that means they
may have undergone repairs, restoration, or alteration. Such information may not always be specified in the catalogue description.
• Watches and Clocks: All watches and clocks are sold as collectors' items and are not guaranteed to be in working order or to keep accurate time.
Buyers should assume that they will require servicing at their own expense.
• Electrical Items: Electrical items are sold as decorative items only and are
not tested for safety or functionality. They should be checked by a qualified electrician and/or undergo a Portable Appliance Test (PAT) by a competent person before use.
• Firearms and Weapons: All firearms, antique weapons, and related items are sold as collectors' items only and are not warranted for use. Buyers must comply with all relevant licensing, registration, and legal requirements for possession and transport in their jurisdiction. It is the Buyer's responsibility to ensure compliance.
• Vehicles: Vehicles are sold as seen, without warranty, and may not be roadworthy. Buyers are responsible for all necessary checks and registrations.
• Gemstones and Precious Metals: Any statements regarding the weight,colour, clarity, or origin of gemstones, or the purity of precious metals, are statements of opinion only and should not be relied upon as statements of fact. Buyers are advised to obtain independent reports.
• Buyer's Responsibility: It is the Buyer's sole responsibility to satisfy themselves as to the condition, authenticity, and all other characteristics of a Lot prior to bidding. No refund or exchange will be given on the basis of condition or authenticity once the hammer has fallen, unless otherwise agreed in writing in exceptional circumstances.
