TERMS & CONDITIONS
“The Auctioneers” means Potteries Specialist Auctions of 271 Waterloo Road, Cobridge, Staffs, ST6 3HR. “The 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 should be joint and several. “The Buyer” shall mean 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.
1. The Auctioneers sell as agents for the seller (except where they are stated as wholly or partly to own any lot as principle) and as such are not responsible for any default by the Seller or Buyer.
2. The Auctioneers reserve the right to fix a Reserve price for any lot.
3. The Auctioneers may without giving reason refuse to accept the bidding of any person.
4. In the case of a dispute as to any bid the Auctioneers may forthwith determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot.
5. No person may advance less at a bid than the sum to be named from time to time by the Auctioneers.
6. Lots on which VAT is payable by the Buyer will be indicated either in the sale catalogue or by the Auctioneer. VAT is payable at the rate prevailing on the day of the auction.
7. The Seller may bid for any lot either personally or through the Auctioneers or through any person as many times as they respectively may think fit and may withdraw any lot subject to Condition 9 contained in the Auctioneers sellers conditions.
8. The Buyer shall pay commission to the Auctioneers at the rate of 20% of the purchase price, inclusive of VAT, or such other rate which may be fixed by the Auctioneers.
9. The Buyer shall give his name and address and proof of identity (if required) to the Auctioneers at the sale.
10. Each lot shall be at the Buyers risk from the fall of the hammer but must be paid for in full before property in the Goods passes to the buyer.
11. The Buyer shall pay the purchase price plus premium inclusive of VAT to the Auctioneers. No purchase may be removed until all money due from the Buyer has been paid. All sold Lots not cleared within seven days of the Sale will be liable to Storage Charges at a rate of £1 per item per day. During this time Potteries Specialist Auctions do not accept liability for damage or loss and storage charges must be paid in full before Lots can be removed
12. Upon failure by the Buyer to comply with conditions 9 or 11 above, the lot shall be re-sold by public auction or private sale and the deficiency (if any) arising from the sale together with the expenses of it shall be due as a debt from the Buyer in default upon the first sale.
13. The Auctioneers accept no responsibility in connection with the commissioning of their staff to bid for any lot. Commissions given by telephone are accepted at the senders risk and must be received by the Auctioneers and confirmed in writing or by facsimile transmission at least 30 minutes prior to the commencement of the sale.The Auctioneers are authorised to buy in for a Buyer commissioning them to bid for any lot at a price equal to the price at which they are commissioned to buy. Bids received from potential buyers from within the auction room take precedence over commission bids.
14. Any person on the Auctioneers premises before, during or after the sale, is deemed to be there at his/her own risk and with notice of the condition of the premises and their contents. Such person shall have no claim against the Auctioneers in respect of any injury sustained or any accident which may occur from any cause whatsoever.
15. All Goods are sold with all faults and imperfections and errors of descriptions. Illustrations in catalogues are for general identification only. Buyers should satisfy themselves prior to the auction as to the condition of each lot. Any statement by the Auctioneers as to the lot is a statement of opinion only and every person should rely on his/her own judgement as to all matters affecting the lot. Any Goods sold are not supplied as new but may be unused. Refunds will not be given on any Lots unless a written Condition Report was requested by the Buyer prior to the Sale.
16. All Unsold Lots must be collected by the Seller within seven days of the Sale or Storage Charges will be applied at the rate of £1 per item per day. In some cases Unsold items can be entered into another Sale if decided by the Auctioneer.
17. Neither the Seller nor the Auctioneers, their servants or agent, is responsible for errors of description or for the authenticity of any lot for any mis-statement as to any matter affecting the lot. Neither the Seller nor the Auctioneers, their servants or agent makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lot and any implied conditions or warranties are excluded.
18. Notwithstanding any other terms of these conditions if, within seven days after the sale, the Auctioneers receive from the Buyer, notice in writing that in his view the lot is a forgery, and within fourteen days after such notification the Buyer returns the Goods to the Auctioneers in the same condition as at the time of sale and by producing evidence (the burden of truth to be upon the buyer) satisfies the Auctioneers that considered in the light of the entry in the catalogue, the lot is a imperfect, and further that the Buyer is able to transfer a good and marketable title to the lot free from any third party claims, then the sale of the lot will be Rescinded and the purchase price refunded.The Seller and the Buyer agree to be bound by the Auctioneers decision. In Deciding whether or not the item is a forgery the Auctioneer is entitled to seek the views of any expert or other authority at the Buyers expense and the Buyer shall pay to the Auctioneers on demand such sum as the Auctioneers may reasonably require by Way of payment in advance of such expense.
19. 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.