Conditions of Sale
Abbotts act only as Agents for the Vendor.
All lots offered whether printed in a catalogue or not are sold by the
Vendor with all faults, imperfections, damage or error of description
and are taken “as found”.
The Auctioneers do not accept responsibility for the authenticity,
attribution, genuineness, origin, author-ship, date, age, period,
condition of quality of any lot unless they have the written authority of
the Vendor certifying such and in all cases the Auctioneers do so as
Agents for the Vendor and are not themselves responsible for such
All statements in the catalogue or made verbally as to any statements
as set out are statements of opinion only and are not to be taken as
being or implying any warranties or representations of fact by the
Any claim made to the Auctioneers as Agents must be received in
writing by the Auctioneer within 10 days of sale.
The Auction. The Auctioneers reserve the right to divide or
consolidate any lot, to combine lots, withdraw lots or to refuse a bid,
regulate the bidding or cancel the sale without giving reason or
previous notice. He may bid on behalf of the Vendor on any goods
subject to reserve or at the Auctioneers discretion.
The highest bidder shall be the buyer except in the case of a dispute
which must be raised immediately and before the offering of the next
lot. If the Auctioneer considers a dispute has arisen he has absolute
discretion to settle the matter as he sees fit or to re-offer the lot.
The Vendor may place a reserve on any or all of his lots and are then
subject to such reserves. Where the Vendor then bids himself this
automatically removes the reserve unless he has notified the
Auctioneers of his intentions. Where there is no reserve price the
seller may bid himself either in person or through the Auctioneer.
The Auctioneer reserves the right from the Rostrum to modify any
matter in the catalogue or previously given oral statements before a lot
Rescission in the Event of Forgery. Not withstanding any other terms
of these conditions if within 7 days after the sale the Auctioneers have
received from the buyer of a lot notice in writing that in his view the lot
is a deliberate forgery and within 21 days of the sale, the buyer returns
the lot to the Auctioneers and in the same condition as at the time of
sale together with written evidence from an expert the burden of proof
being upon the buyer that the lot is a deliberate forgery considering
the manner of the catalogue description, then the sale of the lot will be
rescinded and the purchase price of the same refunded by the
Vendor. In the event of a dispute then the matter shall be settled by
arbitration, the arbitrator to be nominated by the President of the Royal
Institute of Chartered Surveyors. Both the Vendor and Purchaser shall
be bound by this decision.
Default. The Auctioneers disclaim any responsibility for default by
either the Vendor or Buyer and will only pay out to the Vendor when
payment has been received in full from the Buyer. Any instructions
given to the Auctioneers over the telephone by Vendor or Buyer are
accepted at the Vendors or Buyers risk and must in any event be
confirmed in writing.
Every bidder shall be deemed to be acting as the principal bidder
unless the Auctioneers have been informed in writing that he acts as
agents on behalf of the named principal bidder. Except in the latter
circumstance he will be entirely responsible for abiding with all the
Conditions of Sale and purchase.
Removal of Goods. No purchase shall be claimed or removed unless
it has been paid for and the Auctioneer has given authority for it to be
collected. All lots must be paid for on the day of sale and before close
of business. All purchases shall be paid for and removed entirely at
the buyers risk irrespective if handled by anyone in the Auctioneers
employ and if left after the sale day the Auctioneer shall not be
responsible if the same, is lost or damaged or destroyed and may be
subject to a storage charge. If they are not paid for and removed
within 7 days of sale the Auctioneer may re-sell them without notice to
the original purchaser.
Liability. In the event of any liability upon the Auctioneers in respect of
any loss this shall be restricted to a maximum of the price paid by the
Failure of the buyer to comply with any of the conditions of sale then
the damages recoverable by the Vendor or the Auctioneers from the
defaulter shall include any loss advising on any re-sale of a lot together
with the charges and expenses in respect of the first and subsequent
sales, any storage charges and interest at 3% above Lloyds Bank PLC
Payment. The Auctioneers accept payment by cash, debit or credit
cards, or by cheque supported by a valid guarantee card. All
purchases must be paid in full on the day of the sale before any lot is
removed from the premises. No goods will be released to buyers
unkown to the auctioneer without adequate references or before their
cheques have cleared, at the sole discretion of the auctioneers.
Purchase Price. The purchaser shall pay the hammer price together
with premium of 14% of the hammer price (adjusted for VAT at the
Inspection of Goods. Every buyer by making a bid acknowledge that
they have satisfied themselves before bidding by inspection or
otherwise that they are fully conversant with the Conditions of Sale and
the physical condition of the lot including whether it has been repaired,
altered, damaged or changed in any way.
Registration. All prospective buyers must register their name, address
and telephone number at the auction office and collect a bidding
number before the sale commences. Proof of identification must be
Property and Risk. All lots are sold to intending purchasers on the
following terms, and no person in the employment of or acting
otherwise as agent of the Auctioneers or purporting so to do, has
authority to sell on any other condition or to vary these terms in any
way whatsoever. Previous dealings between the Auctioneers and any
bidder shall vary or replace these terms or be deemed in any
circumstances whatsoever so to do. The making of any bid to the
Auctioneers shall be conclusive evidence before any court or arbitrator
that these terms apply.
a) The intending purchaser acknowledges that immediately before
making any bid to the Auctioneers he has expressly represented
and warranted that he is not insolvent and has not committed any
act of bankruptcy, or if acting for a company, knows of no
circumstances which would entitle any debenture holder or
secured creditor to appoint a receiver, to petition for winding-up of
the company or exercise any other rights over or against the
b) Lots the subject of any successful bid shall remain the property of
the Vendor until such time as the bidder shall have paid to the
Auctioneers by cash or cleared cheque the full price and
completion of the sale shall be conditional upon such payment but
shall be at the risk of the bidder immediately upon the fall of the
hammer. The bidder acknowledges that he is in possession of the
lot solely as bailee for the Vendor until such time as the full price
thereof is paid to the Auctioneer.
c) The intending purchaser’s right to possession of the goods shall
cease if he, not being a company, commits an available act of
bankruptcy or he if, being a company, does anything or fails to do
anything which would entitle a receiver to take possession of any
assets or which would entitle any persons to present a petition for
winding-up, or in any case of the Auctioneers have good and
sufficient reason to believe the intending purchaser is or will be
unable to pay the price or is in breach of the warranty in subclause
(a) of this clause, or if the intending purchaser shall cease
or threaten to cease to carry on business.
d) The Auctioneers, may for the purpose of recovery of any goods,
enter upon any premises where they are stood or kept or where
they are reasonably thought to be stored or kept and may
repossess the same.
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 in respect of any
injury they may sustain or any accident which may occur.