Break are delighted to announced that 3 leverets are available for sale. Daisy was a promotional sculpture to help sell the product and is now available alongside one blank leveret and Nelson. All proceeds will go to the charity Break.
Ts & Cs for Purchaser Conditions of Sale for the GoGoHares Auction
1. Auctioneer as Agent of Vendor
The Auctioneers act in every respect to the Goods and the sale thereof as Agents only of the
person(s) herein called “The Vendor” by whom the Auctioneers are authorised to sell such Goods as may have been deposited with them for that purpose. The Buyer acknowledges that any liability arising under these terms and conditions of sale and purchase is the liability of the Vendor only and not that of the Auctioneers.
2. Auctioneers Rights
The Auctioneers claim the right of refusing admission to, and ejecting from, the site on which the sale is held, any person or persons; of regulating the amount of the biddings; of refusing the bid of any person; or altering the arrangement of the lots, selling two or more lots as one lot or in any way they may think proper, also of withdrawing any lot or lots, and of altering or adding to these conditions at the time of the sale. The Auctioneers to be the sole arbitrators in any matter arising during or out of the sale.
3. Third Party Liability
Every person on the Forum’s premises at any time shall be deemed to be there at their own risk. They shall have no claim against the Forum or Break in respect of any accident which may occur or injury, damage or loss howsoever caused.
4. Exclusions and limitations of liability to Buyers
(a) In the light of the matters in Condition 3 above and subject to Conditions 4(a), neither Break and/ or the seller:
(I) is liable for any errors or omissions in the information provided to Break, whether orally or in writing, whether negligent or otherwise;
(II) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by law) other than the express warranties given by Break to the Buyer in Condition 3 of the Sellers’ Conditions of Business;
(III) accepts responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by the charity in connection with the conduct of auctions or for any matter relating to the sale of any lot.
(b) Without prejudice to Condition 4(b), any claim against Break or the Seller by a Bidder is limited to the Purchase Price with regard to that lot. Neither the charity nor the Seller shall under any circumstances be liable for any consequential losses.
(c) None of this Condition 4 shall exclude or limit Break liability in respect of any fraudulent misrepresentation made by Break or the Seller, or in respect of death or personal injury caused by the negligent acts or omissions of the charity or the Seller.
5. The highest accepted bidder shall be the purchaser. If any dispute should arise between online or live room bidders or any mistake is made the lot may be put up again. The Auctioneer is the final arbiter
6. The advance in the bidding will be regulated by the Auctioneer who reserves the right to refuse any bidding or to bid on behalf of the vendor on any lots upon which there is a reserve, or to withdraw the lot.
7. Right to bid on behalf of Seller
In the case of lots upon which there is a reserve price the Auctioneers reserve the right to bid on behalf of the seller to one bid beneath the reserve price.
8. Reserves and Guide Prices
Guide prices are solely our opinion of the estimated range of bidding that would offer a chance of success. All items may realise prices above or below our guide prices. Where items are offered for sale subject to a reserve price, our policy is to reflect the reserve price at a level no higher than the lower end of the guide price.
9. No lots may be removed until the buyer’s account is paid in full. The buyer shall not become the owner until the buyer’s account is paid, but after the fall of the hammer, the risk of damage or loss shall nevertheless be the buyer’s.
10. All lots must be paid for and collection arranged by 25th October 2018. Failure to pay for the lot (a) If the purchase price for a lot is not paid to Break in full in accordance with the contract, Break will be entitled, without further notice to you, to exercise one or more of the following rights):
(1) To terminate immediately the contract for sale of the lot for your breach of contract
(2) To re-sell the lot by auction, private treaty or any other means of giving seven days written a notice to you of the intention to resell
(3) To retain possession of the lot
(4) To remove and store the lot at your expense
(5) To take legal proceedings against you for any sum due to the contract for sale and/or damages for the breach of contract
(6) To be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per annum above the base rate of Lloyds bank from time to time to be calculated on a daily basis from the date upon which said monies become payable until the date of the actual payment
(7) To repossess the lot (or any part thereof) which has not become your property, and for the purpose (unless the buyer buys the lot as a consumer from the seller selling in the course of a business) you hereby grant an irrevocable licence to the seller by himself and to his servants or agents to enter upon all or any of your premises (with or without vehicles) during normal business hours to take possession of the lot or part thereof
(8) To retain possession of any other property sold to you by the seller at the sale or any other auction or by private treaty until all sums due under the contract of sale shall have been paid in full in cleared funds
(9) To retain possession of, and on three months written notice to sell, without reserve, any of your other property in the possession of Break (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such sale in satisfaction or part satisfaction of any amounts owed to the seller or to Break;
(a) So long as such goods remain in the possession of the charity, to rescind the contract for the sale of any other goods sold to you by the seller at the sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the seller or to the charity by you.
(b) You agree to indemnify Break against all legal and other costs of enforcement, all losses and other expenses and costs (including any monies payable to Break in order to obtain the release of the lot) incurred by the seller (whether or not court proceedings will have to be issued) as a result of Break taking steps under this clause 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in clause 8.a.6 from the date upon which the seller becomes liable to pay the same until payment by you.
(c) On any re-sale of the lot under clause 8.a.2, the Seller will account to you in respect of any balance remaining from any monies received by him or on his behalf in respect of the lot, after the payment of all sums due to Break within 28 days of receipt of such monies by him or on his behalf.
11. Payment can be made by cash, debit or credit card or bank transfer.
Card payments made by customers who are not present at the auction may be limited to £500 if we do not receive verbal or written permission to go higher prior to the event.
12. There is no buyer’s premium charged on the hammer price
13. Online Bidding
We offer an online bidding service for the GoGoHares sales via EasyLiveAuction.com for bidders who cannot attend the sale. In completing the bidder registration on EasyLiveAuction.com and providing your card details and unless alternative arrangements are made with Break:
(a) authorise Break, if they so wish, to charge the card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com.
(b) confirm that you are authorised to provide these card details to Break through EasyLiveAuction.com and agree that Break is entitled to ship the goods to the card holder name and address provided in fulfillment of the sale.
14. The buyer is responsible for organising delivery of their purchase and lots must be collected within 5 days of the funds for the full purchase price clearing unless otherwise agreed in writing with Break. The purchaser will be responsible for paying the daily storage cost of £20 per day from the 5th day after Break has received the full purchase price in cleared funds.
Failure to collect a lot within 5 days of the full purchase price being received by Break, unless a written agreement has been made with Break prior to this date, could result in the charity retaining the title of the lot and the decision regarding this will be at Break ’s discretion.
15. In the event of loss or damage to items posted it is the buyer’s responsibility to make any claim from the insurance of the company transporting the sculpture.
16. Collection of your purchased Hare needs to be made via appointment, by contacting firstname.lastname@example.org
17. Break ensures that care has been taken to see that catalogue description and condition reports are accurate, but these must be taken as matters of opinion only and shall not be taken as statements of fact. Buyers must make their own judgement as to nature. The sculptures will be available to view 10-14.00 on the 11th October. It is the responsibility of the Bidder to satisfy themselves as to both the condition of the lot and the accuracy of its description.
18. There is no limit to the number of sculptures you can purchase.
19. No representations or warranties are made by Break whether any lot is subject to copyright or whether the Buyer acquires copyright in any lot.