ASHLEY WALLER LIMITED TERMS AND CONDITIONS – FURNITURE AND COLLECTABLES AUCTIONS
PAYMENT TERMS - WE REQUIRE PAYMENT BY CLOSE OF BUSINESS (4 PM) ON THE DAY FOLLOWING THE SALE
COLLECTION OF GOODS - WE REQUIRE PURCHASED ITEMS TO BE COLLECTED ON THE DAY OF SALE OR ON THE DAY FOLLOWING THE SALE OR ON THE MONDAY IMMEDIATELY FOLLOWING THE SALE - HOURS FOR COLLECTION 9 AM TO 4 PM. COLLECTIONS AT ANY OTHER TIME ARE STRICTLY BY APPOINTMENT ONLY - ANY ITEMS NOT COLLECTED BY 4 PM ON THE MONDAY FOLLOWING THE SALE MAY BE RE-SOLD AT ANY STAGE THEREAFTER AND/OR STORAGE CHARGES OF £5 PER ITEM PER DAY WILL BE ADDED WITHOUT NOTICE
THIRD PARTY LIABILITY
Every person on Ashley Waller Ltd premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against Ashley Waller Ltd in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Ashley Waller Ltd employees.
STANDARD CONDITIONS OF SALE
2. In these conditions Ashley Waller Ltd, who act only as auctioneers and agents for the vendor, are called “The Auctioneers”, and the representative of Ashley Waller Ltd conducting the auction is called “The Auctioneer”.
4. Whilst Ashley Waller Ltd make every effort to ensure the accuracy of their catalogue and the description of any lot:
1. Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
2. Ashley Waller Ltd do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
3. All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (2) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Ashley Waller Ltd, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
4. Any claim under any Statute must be received in writing by the Auctioneer within five days of the day of the sale.
5. Ashley Waller Ltd reserves the right to perform an ‘Anti Money Laundering’ check on all new clients, it is incumbent upon the client to provide sufficient information to facilitate this search. Ashley Waller Ltd reserve the right to refuse new clients based on the results of this search without in any case giving any reason or without previous notice.
5. THE AUCTION
1. The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneers discretion.
2. The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
3. Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is a reserve price (but not otherwise) the Auctioneer may bid on behalf of the vendor.
4. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
7. Notwithstanding any other terms of these Conditions, if within five days after the sale Ashley Waller Ltd have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery that differs from the catalogue description and within fourteen days after such notification the buyer returns the sale to Ashley Waller Ltd in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Ashley Waller Ltd that considered in the light of entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded.
1. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.
1. All goods delivered to Ashley Waller Ltd saleroom premises will be deemed to have been delivered for sale by auction unless previously stated in writing and sold at the discretion of Ashley Waller Ltd in a capacity as auctioneers and they will be deemed to have been accepted by Ashley Waller Ltd for sale subject to the Conditions of Sale as displayed at the Saleroom supplied with the entry form of items entered off the saleroom premises, or such variation thereon as may from time to time be announced. Delivery of the goods to Ashley Waller Ltd by and on behalf of a vendor shall be deemed to represent acknowledgement that he or she has accepted and agreed to be bound by the said Conditions of Sale.
2. Ashley Waller Ltd reserve the right to refuse entry of items deemed to be unsaleable, unfit for purpose or below standard.
Ashley Waller Ltd disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of the sale.
11. LOSS OR DAMAGE
Ashley Waller Ltd disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
Ashley Waller Ltd reserve the right to sell/store or arrange for sale/storage of goods delivered to them for sale either on their own premises or elsewhere at their discretion. They exempt themselves from any liability for loss or damage to goods delivered to their salerooms without sufficient sale instructions and reserve the right to make a minimum storage charge at £5.00 plus VAT per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
13. RIGHT TO SELL
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed by 5pm on the Friday of the week of sale Ashley Waller Ltd reserve the right to sell the goods to cover costs and storage charges or dispose of the goods if they are of no saleable value and charge the owners of the goods for disposal.
If before Ashley Waller Ltd remit the “sale proceeds” to the seller, the buyer makes a claim to rescind the sale under the Terms & Conditions of Sale if appropriate and Ashley Waller Ltd are of the opinion that the claim is justified, Ashley Waller Ltd are authorised to rescind the sale and refund to the buyer any amount paid to Ashley Waller Ltd in respect of the lot.
15. UNSOLD LOTS
If lots offered for sale by Ashley Waller Ltd fail to sell, The seller shall make arrangements either to re-offer the lot for sale if deemed suitable for re-offer by Ashley Waller Ltd or to collect the lot.
16. LOSS AND DAMAGES
In respect of any article delivered to Ashley Waller Ltd if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Ashley Waller Ltd interest as bailees in such policy or policies.
17. RESERVES AND UNSOLD ITEMS
1. All goods are put up for sale without reserve at the Auctioneer’s discretion unless clear written instruction on an entry form as to reserves are received by Ashley Waller Ltd prior to the commencement of the sale.
2. Reserves below £50 will only be accepted at the Auctioneers discretion and in any event no responsibility will be undertaken for such reserves below £50. In all cases the Auctioneer reserves the right to sell within 10% of the reserve price.
3. The Auctioneers reserve the right to sell without reserve any item that has failed to reach the reserve price and has not been removed by the vendor.within five days of their first offering for sale. Reserved items may be re-entered at the sole discretion of and by agreement with the auctioneers.
4. The Auctioneers reserve the right to dispose of any lot that fails to attract a bid and to charge the vendor for such disposal unless they are collected within five days of their first offering for sale.
The vendor shall duly indemnify Ashley Waller Ltd against any claims in connection with any goods sold by Ashley Waller Ltd on the vendor’s behalf.
19. ELECTRICAL GOODS
The seller of electrical or mechanical goods warrants and undertakes to Ashley Waller Ltd that at the date on which the same are consigned to Ashley Waller Ltd except where previously disclosed to Ashley Waller Ltd the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health and will indemnify Ashley Waller Ltd, its servants and agents against any loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking. Furthermore all electrical goods will be sold electrically untested and cables severed where deemed necessary by Ashley Waller Ltd.
20. RIGHTS TO PHOTOGRAPHS AND ILLUSTRATIONS
The vendor gives Ashley Waller Ltd full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction).
19. PROCEEDS OF SALE
1. Ashley Waller Ltd undertakes to pay the vendor the proceeds of sale, less commission, and other notified deductions, as displayed, irrespective of whether payment has been received from the purchaser.
2. Ashley Waller Limited will levy a £5 administration fee for each payment by cheque that is posted to the vendor. Payments by Bank transfer will incurr no charge
20. LOT WITHDRAWAL
In the event of a vendor withdrawing a lot the Auctioneers reserve the right to charge full commission at the Auctioneer’s estimated value of the lot. The Auctioneers reserve the right to exercise a lien on items until such payment is made
21. VALUE ADDED TAX
Where the vendor is registered for VAT purposes and enters any goods for Sale which are not technically household chattels, we are obliged by law under these circumstances to charge VAT at the prevailing rate and in addition to the Sale price as knocked down. This tax will be paid to the Vendor who will be obliged to account to the Customs & Excise office. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
Each buyer on making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
23. PROPERTY AND RISK
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 26 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Ashley Waller Ltd such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer's discretion be put up again and re-sold. The buyer will be liable to pay any loss on the resale on such items
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Ashley Waller Ltd that he acts as agent on behalf of a named principal.
25. REMOVAL OF GOODS
1. No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer's risk and expense by the end of the second working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of £5.00 per lot per day plus VAT. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer.
2. In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than bank transfer, debit card or cash in pounds sterling. The Auctioneers reserve the right to refuse payment by any other means.
26. PURCHASE PRICE
1. The purchaser of any lot shall pay the hammer price plus a premium (together with VAT on the premium for all lots and on the hammer price if applicable to that lot). The premium shall be calculated at 20% (16..66% plus VAT) on the hammer price of each lot. The premium at the appropriate rate is payable by all purchasers. The vendor authorises the Auctioneer to deduct commission and expenses at the agreed rates from the hammer price and the purchaser and the vendor acknowledge Ashley Waller Ltd’s right to retain the premium payable by the purchaser.
2. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with, these and any other printed or announced conditions of sale, he will also be deemed to be in full knowledge of, and agreement with, such other conditions of sale as are on display during normal office hours in the offices of the Auctioneers.
3. The auctioneers’ bankers are Santander Limited. Please forward payment by transfer to the credit of ‘Ashley Waller Ltd – Account 10708390 sort code 16-02-22.
Please quote your customer number and the sale date as reference
4. If the auctioneer finds it necessary to use solicitors or other professional parties to recover any outstanding accounts or any other charges or expenses, the purchaser will, in addition, be required to pay for such costs incurred and shall indemnify the auctioneer in respect of the same.
5. Should an account or any other charges or expenses not be paid on its respective due date, then the auctioneer will be entitled to damages as set out as compensation in the Late Payment of Commercial Debts (Interest) Act 1998 and contractual interest pursuant to said Act or any successor legislation, from the day of sale until settlement. If the said Act does not apply as the purchaser is a consumer then the auctioneer reserves the right to charge interest at the rate set out in said Act (for the avoidance of doubt interest may be charged at 8% above the Bank of England base rate during the period in which the account and/or any other charges or expenses are due).
6. Online Internet bidding – any purchaser bidding online needs to satisfy themselves with the terms, conditions and charges of the internet auction site provider. These terms, conditions and charges are in addition to those levied by Ashley Waller Ltd. When an online bid has been made using the internet providers site it cannot be rescinded unless a genuine dispute is identified by the buyer. The buyer needs to be aware that pressing the bid button on the internet providers site will enter them into a fully binding contract in relation to the item that the bid was entered on should that bid be successful. It is the buyers sole responsibility to ensure that they are bidding on the correct lot. It is the buyers responsibility to ensure that they are accepting the current bid price before they press the online bid button
27. RIGHT OF ADMISSION
1. The right is reserved to refuse admission to the saleroom premises and any used by Ashley Waller Ltd without giving a reason.
2. Any person bringing onto any premises used by Ashley Waller Ltd any hazardous substances must provide the relevant information for use by the Auctioneers, members of the public and prospective purchasers. Vendors of all goods are reminded of their duty to comply with relevant Health & Safety Acts. Purchasers are reminded that any second hand goods purchased through an auction sale should be thoroughly checked by a competent person before use.
28. AUCTIONEERS NOTICE
1. At all times prior to the fall of the hammer chattels remain the responsibility of the vendor and thereafter the responsibility of the purchaser at no time other than when due care is expected of an agent do auctioneers accept responsibility.
2. The insurance of chattels is always the duty of the owner.
The estimated selling price for each lot is available upon request. The estimates are prepared well in advance of the sale and are not definitive and are subject to revision.
30. STORAGE CHARGES
Buyers are reminded that storage charge of £5.00 plus VAT per lot per day will be levied on all lots that are not collected in accordance with the Conditions of Sale ( see clause 25.2 above).
We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Office at least half an hour before the sale commences, and should be entered on the form provided. Bids left by telephone will be accepted only on the condition that they are at the sender's risk, and must in any case be confirmed in writing.
Payment must be made by the end of the next working day following the sale in which the goods have been purchased.
33. ELECTRICAL GOODS
It is essential that those lots in this sale which are originally operated by mains electricity be checked by the buyer prior to use. They may not comply with the statutory requirement and as such are offered for sale solely for display or historical research purposes: these lots are not suitable for connection to the mains electricity supply. Ashley Waller Ltd cannot accept responsibility for any act of the buyer in contravention of the above.
34. CONDITION REPORTS
If you would like an opinion on the condition of any lot prior to purchasing, or if you are unable to attend the sale and would like a condition report please request this and we will send a written condition report by email. No verbal condition reports will be given. Ashley Waller Ltd accept no responsibility for any error or difference of opinion on any report given and they are given as guidance only.