Warrington & Northwich Auctioneers & Valuers Terms and Conditions
We charge a sellers premium of 15% plus VAT with a £3.00 plus VAT lotting fee per lot. There are no insurance fees, picture fees, catalogue fees, or internet fees. We believe this to be the lowest selling commission for internet auction sales in the North of England.
Buyer’s commission is charged at 17.5% plus VAT with a £3.00 plus VAT minimum charge.
"Auctioneer" means Warrington Auction Limited of 551 Europa Boulevard, Warrington, WA5 7TP.
Seller" means person or persons named on the Schedule hereto. Where the Seller comprises two or more persons, the singular used in these Conditions shall include the plural and any obligations on the part of the Seller will be joint and several. “
'’Goods" means the goods identified on the Schedule hereto.
"Buyer" means a person or persons, including a firm or company, making the highest bid for the Goods or any part thereof whose bid shall exceed or be equal to the Reserve, if any.
“Reserve" means the lowest price at which the Auctioneers are authorised to sell the Goods, such Reserve. if any, being stipulated in the Schedule hereto. Auctioneers discretion will be used.
"Notice" shall mean a communication in writing and "Notify" and "Notification" shall be construed accordingly.
“Catalogue” means the paper or electronic listing of the Sellers’ Goods, or any other description given by the Auctioneer.
1. The Auctioneer is instructed by the Seller to act as the Seller's Agent to sell the Goods by auction subject to the Conditions.
2. The Auctioneer is not authorised to sell the Goods other than to the Buyer.
3. The Seller indemnifies the Auctioneer insofar as is possible against any liability under The Misrepresentation Act 1987 or The Consumer Protection Act 1987 or any statutory re-enactment thereof.
4. Whilst every effort will be made by the Auctioneers to Catalogue Goods accurately the Auctioneers shall not be liable to the Seller for any errors in the catalogue description and the Seller shall be liable to the Buyer for any errors in the catalogue description whether or not such errors entitle the Buyer to rescind the sale under the Auctioneers Conditions of Sale.
5. The Auctioneers are authorised to disclose the name of the Seller in any description of the Goods in a sale catalogue unless the Seller gives to the Auctioneers written instructions not to do so not later than seven days after the acceptance of the Goods for auction.
6. The Auctioneers are authorised to sell the Goods on the basis that they are sold as seen with all faults imperfections and errors of description and further upon terms that the Auctioneers exclude for themselves and for the Seller all responsibility for errors of description or for the genuineness or authenticity of the Goods or any part or parts thereof for any default or defect in the Goods howsoever caused. The Auctioneers as agents for the Seller are not authorised to give any warranty in respect of the Goods or any part thereof and the Auctioneer should exclude any and every implied condition or warranty relating to the Goods otherwise except the warranty as to title implied under Section 12 of The Sale of Goods Act 1979.
7. The Seller warrants that he is entitled to have possession of and to sell the Goods and is entitled to instruct the Auctioneers to sell them by auction or private treaty. The Seller further warrants that all the information supplied to the Auctioneer is accurate and indemnifies the Auctioneers against any liability howsoever arising in respect of any inaccuracies in the above information, and against all costs and expenses incurred by or on the Auctioneer behalf in dealing with any claim arising in that respect.
8. The Goods shall be put up for sale without Reserve unless either the Auctioneers are notified by the Seller at least 48 hours prior to any sale of the Goods or any part or parts thereof of a Reserve or a Reserve is entered in the Schedule hereto.
9. The Auctioneers authority to sell shall be revoked provided the Seller notifies the Auctioneers not less than 24 hours prior to the sale that the Goods are to be withdrawn from sale. The Seller shall pay to the Auctioneer prior to return of the Goods to the Seller following such withdrawal a charge of ten percent of the Reserve or, in the absence of a Reserve by reference to a Reserve price reasonably fixed by the Auctioneer at the date of the sale from which the Goods are withdrawn, this is subject to a minimum withdrawal charge of £20.
10. Any Reserve shall be no less than £50 per lot. If the Seller stipulates a Reserve, the Auctioneers are not authorised to sell the Goods other than to a Buyer at a price no less than 90% of the reserve price.
11. If the Goods remain unsold after any Auction, the Auctioneers shall be authorised to sell the Goods at the next appropriate sale unless otherwise instructed by the Seller that the Goods are withdrawn under Condition 9. If the Goods remain unsold after any Auction, the Auctioneers reserve the right to re-enter the Goods at the next appropriate sale or dispose of any items not promptly collected by the Seller. Any goods unsold, not collected by the seller within thirty days of the auction date will be entered into the next available sale with no reserve and the proceeds given to a registered charity.
12. In the event of a dispute to any final bid the Auctioneer is authorised by the Seller to determine the dispute and to put up the Goods again at the last undisputed bid
13. If the Buyer fails to supply their name and address or that of the person on whose behalf he has bid the Auctioneers are authorised by the Seller to put up the Goods again at any time during the Auction.
14. The Auctioneer is authorised by the Seller to bid on his behalf at their discretion up to the amount of the reserve, to buy in the Goods on the Sellers behalf as unsold below the Reserve or to withdraw the Goods as unsold if the Reserve is not reached.
15. The Auctioneers are authorised by the Seller to bid on behalf of those persons who have left with them before the Auction written or emailed authority to bid on their behalf.
16. The Auctioneer may take reasonable steps to regulate the bidding and to refuse undesirable bids at his own discretion.
17. The Auctioneers have the Seller's authority to divide any lot, combine any two or more lots from the same Selleror to withdraw any lot or lots from the sale.
18. The seller shall pay the auctioneers a commission of 15% inclusive of VAT with a minimum charge of £5 per lot of the sum realised for the goods (or any other such rate as may be fixed by the auctioneers as the prevailing rate on the date of the sale).
19. The auctioneers will deduct their commission and charges from any sum received by them from the buyer and are authorised by the Seller to retain possession of the goods until such time as all charges relating to the goods and the sale price plus buyers commission have been paid.
20. Provided the Auctioneers have been duly paid by the 'Buyer and subject to Condition 22 the Auctioneers shall pay the Seller the net proceeds of sale less any sum due to the Auctioneers from the Seller less any costs authorised in Condition 22 within four weeks of the date of the sale. The Auctioneers act as the Sellers agents and are not liable to the Seller for any default by the Buyer.
21. The Auctioneers are authorised not to account to the Seller if the Buyer has exercised his rights to return the Goods to the Auctioneers under Condition 18 of the Auctioneers Conditions of Sale by auction. For the purposes of that Condition 18 the Seller authorised the Auctioneer, subject to the Seller's right of reimbursement from the Buyer, to consult any expert at the Seller's expense and the Seller shall pay to the Auctioneers on demand such sum as the Auctioneers may reasonably require by way of payment in advance of such costs.
22. If the Goods or any part thereof sold as a separate lot are proved to be a deliberate forgery the Seller authorises the Auctioneer to repay the Buyer the purchase price including Buyer's commission already paid by the Buyer and the Seller may be asked to pay to the Auctioneer a sum equal to the Buyer's premium and in addition Conditions 11 and 19 shall apply.
23. The Seller shall be deemed to have had due and proper notice of any matters relating to these Conditions of within 24 hours of the receipt of their Acceptance Forms.
24. The Seller undertakes to notify the Auctioneers of any change of address.
25. The Auctioneers reserve the right to store or arrange for the storage of Goods delivered to them for sale either on their own premises or elsewhere at their sole discretion.
26. If the Goods are left in the Auctioneers possession for seven days after notification to the Seller to remove them the Auctioneers retain the right to charge £2 per lot per day for storage and are authorised by the Seller to sell the Goods at their discretion after 30 days to defray costs and storage charges.
27. If the Goods are left in the Auctioneers possession for four days after the date of the sale, the Auctioneers retain the right to charge £5 per lot per day storage to the buyer.
28. (a) Unless otherwise instructed in writing all Goods on the Auctioneers premises and in their custody will be insured against the risks of fire burglary and water damage (but not against accidental breakage or damage).
(b) The Auctioneer shall not be responsible for accident breakage loss or damage howsoever caused unless directly caused by negligence of our employees.
(c) In respect of any Goods delivered to the Auctioneers if the Seller has in force a policy of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the Seller shall notify his insurers of the Auctioneers interest in such policy or policies.
29. The Auctioneers are authorised by the Seller to charge the Buyer a premium at the rate of 20% inclusive of VAT of the hammer price of each lot.
30. These Conditions shall be governed by and construed in accordance with English Law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law.