AUCTION SALE CONDITIONS FOR VENDORS
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• Lots are accepted on the basis of 'Sale without reserve' , exceptions are made on lots of value in excess of £l00, and as agreed with the Auctioneers, then shown on the entry form.. The vendor authorises Walton & Walton auctioneers to make a sale by means of private treaty any item/s left for sale which didn’t sell by means of auction in the first instance and whilst on the premises unless removal of the items have been arranged. Where a reserve price was placed the Auctioneer shall be authorised to use a 10% discretion.
• The Vendor must guarantee that he or she has good title to, and rights to sell the goods. Lots must comply with the safety regulations made under the Consumer Protection Act 1987 and Furniture & Furnishings Fire/Safety Regulations 1988. All electrical goods must be fitted with a sheathed pin plug, conforming to British Standards and if not the Auctioneers will charge for a plug to be fitted when the goods are tested for safety before auction. All test and related charges are charged to the Vendor at cost to the Auctioneers from a Qualified Appliance Tester employed to test for safety before sale. Gas items are also tested for safety.
• All goods delivered to our premises will be at the owners risk, but insurance cover can be arranged at a premium of £1.00 per £100 or part of value, such value to be determined between Vendor and Auctioneers. Transport of goods to the Auction Rooms can be arranged and costs are added as charged to the Auctioneers by Hauliers.
• The Auctioneers undertake to advertise the Auction, arrange for viewing prior to sale, and conduct the Auction in the usual and accepted manner. There will be a 10% premium charged to the purchaser. If the Vendor is registered for Value added Tax, then he must notify the Auctioneers on this form. No liability for vat. will fall upon the Auctioneers unless so notified. No estimate of Auction realisation value given by Walton & Walton shall be treated as a guaranteed figure for realisation of any lot as offered and sold by Auction.
• Auctioneers Commission is charged inclusive of vat. at 24%. VAT registered clients will note that it is 20% plus vat.of 20% on the commission. ( VAT rate amended from 01/01/2011) A minimum charge of £2.00 per lot applies. This includes advertisements, handling and catalogue entry. If transport is arranged, its cost is added and VAT charged. Any item withdrawn or bought in will be charged at half of commission rate plus storage costs if applicable.
• Unsold items are removed to the tip unless the Vendor specifies to the contrary. This is subject to the Auctioneers discretion and re-entry for next Auction will be considered. Sale proceeds are normally remitted within 7 days of sale, amounts of less than 25.00 are paid in cash from the office and must be collected. Hospice Charities benefit from amounts not collected within 6 months.
New House Rules on Sale of Electrical and Gas Appliances. A charge of £10 per lot will apply if items are found to be faulty/unsold/returned., Otherwise normal commission rate applies.
• Please do not hesitate to discuss with us any matter upon which you are unsure.
CONDITIONS OF SALE FOR BUYERS
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The highest bidder is in due time to be the purchaser, and no persons shall retract a bidding. The advance on each lot shall be determined by the Auctioneers, who reserve the right of refusing any bidding, and of altering, adding to, dividing, consolidating or withdrawing any lot or lots at the sale.
Should any dispute or difficulty arise between two or more bidders, or otherwise, the lot or lots in dispute may be put up again or the purchaser declared, at the discretion of The Auctioneers, who are to be the sole arbitrators as to the amount of bidding, and every other matter connected with the sale; and their decision on each and every point in question shall be final and binding on all parties.
The Auctioneers will not be responsible for the correctness of the description or measurement or weight of genuineness or authenticity of any article they believed to be correct but are made as an expression of opinion only and the lots are sold subject to all faults and errors in description. Neither The Auctioneers nor sellers make any warranty to buyers in respect of the lots and any implied conditions or warranties are excluded except in the case of the seller those implied in section 12 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973.
The purchaser shall pay the hammer price together with a buyers premium of 10% inclusive of VAT and any VAT on the items itself which will be anouncey in the catalogue and at the start of the sale + due if chargeable at the specified rate. The vendor authorises the Auctioneer to deduct commission and expenses at the agreed rates from the hammer price. A minimum bid price applies for minor lots.
For all purposes of the sale the Auctioneers shall be deemed to be the agents of both the vendor and purchaser and may in the case of lots upon which there is a reserve price exercise the right to bid on behalf of the seller.
Bidders and purchasers are required to register prior to bidding, giving their full name and address or business address and to pay down immediately the whole of the purchase money or deposit as the Auctioneers may require. The auctioneers reserve the right to require proof of identity.
7.NON-COMPLIANCE WITH SALE CONDITIONS.
On failure of compliance with these conditions, the Auctioneers shall be at liberty to resell the lot or lots without further notice, either by public auction or private sale, and the deficiency (if any) arising from such second sale, together with all charges and expenses attending to the same, shall be made good by the defaulter at this present sale, and be recovered as and for liquidated damages. Defaulters will be unconditionally barred from any future sale.
8.PAYMENT AND RISK.
All lots shall be at the sole risk and charge of the purchaser from the fall of the hammer, and such lots to be taken away with all faults, defects and errors of description, of whatsoever nature, sort or kind without power of At the risk and expense of the purchaser-the purchase money to be paid on or before delivery; and no purchaser shall be entitled to remove any lot until he or she has paid for the WHOLE of the lots purchased.
9.PAYMENTS BY CHEQUE.
Cheques cannot be accepted without an up to date Bankers reference or prior arrangement with the Auctioneers, who reserve the right at all times to withhold delivery of any lots subject to clearance of cheques. Cheques may at the Auctioneers discretion be accepted with cheque guarantee cards to specified limits. Credit Card payment is not permitted.
IO.REMOVAL OF LOTS AND DELIVERY.
No purchaser is entitled to remove any lot until paid for and if requested to do so must supply reasonable means of identification. Clearance must be undertaken by 12 noon on the following day. Storage charges will apply if no collection is made by that time.
11.COMMISSIONS --- ABSENTEE BIDDERS.
The Auctioneers will be pleased to execute bids free of charge for anyone unable to attend the sale, on receipt of written instructions. Commission bid forms are available on request. Commissions for the same amount on any one lot will be executed in order of receipt.
12.ACKOWLEDGEMENT OF THE SALE CONDITIONS.
The buyer is deemed to have accepted these conditions of sale and notices by the making of a bid.
The sale of each lot shall be governed in every respect by English Law.
Intending purchasers are particularly requested to read carefully these Conditions of Sale and attention is drawn to the following
CONDITION 3. -Descriptions-These are an expression of opinion given after research and careful consideration. The descriptions are not intended to be a guarantee of authenticity. Electrical goods are tested where possible for SAFETY purposes. and full working condition cannot be warranted on second-user items.
CONDITION 9-Payments by cheque-Cheques will not be accepted without prior arrangement. An up to date Bankers reference is advised, particularly by persons traveling a long distance who may wish to remove lots immediately after the sale. CONDITION 10-Removal of lots-can only be done after settlement of accounts and after the sale. Removal during the sale will only be permitted if convenient for the Auctioneers.
CONDITION 6-Names and addresses. Please ensure that the bidders slip is completed legibly, completely and accurately. Failure to register prior to bidding will result in the lot being re-offered at the Auctioneers discretion.
Any additions to the terms and conditions will be printed in the sale day catalogue