Terms And Conditions Of Business
1. The Auctioneers will not warrant or guarantee any item, lot or part lot in anyway whatsoever. Purchasers are invited to fully inspect items as all items are sold “as is” whether complete or incomplete working or otherwise. Any exception to this will be stated by the auctioneer at the time of sale. Any statements made by any other persons shall be considered void. Items marked AF (meaning as found) are likely to have faults, having been brought to the attention of the auctioneers. The auctioneers will not mark all faulty or damaged items in this way, just the ones brought to their attention. All goods are deemed second hand. Any images used are for reference only. Images may not depict the actual lot or lots being offered and stock images may be used. Purchasers are advised to fully inspect all lots prior to bidding to satisfy themselves as to the condition, completeness and suitability of lots. There are no rights of recourse should an incorrect image be used.
2. The Auctioneer’s Condition of sale are on display in the auction rooms. Vendors are considered to have had notice of these and to have agreed acceptance of the same when requesting the entry of goods or purchasing from the saleroom.
3. All buyers must register with the auctioneers before bidding and the auctioneers reserve the right to REFUSE a sale to a prospective purchaser who has not registered before bidding. A deposit of £200 will be required on the issue of a bidding card. Internet bidders will be required to pay a deposit of £200 upon registering which will be charged to their card (205.00 for credit cards). Further deposits will be required as bids are taken up to 50% of the total outstanding amount of bids.
4. No person shall advance on any bid less than the sum named from time to time by the auctioneers. The BIDDING to be regulated by the auctioneer, who reserves to himself the right of refusing the bidding of any person, and to bid for himself or any other client. If a dispute arises as to any bidding then at the discretion of the Auctioneers either: The lot which the disputed bid relates shall immediately be put up again, OR The Auctioneers shall determine the dispute and their decision shall be final and binding on all parties. The person making the highest accepted bid shall be the purchaser.
5. All lots are sold in accordance with the “Auctions and Bidding agreements Act” which places responsibility upon the purchaser and all risks to the purchaser. All sales are regarded as “Wholesale” Not “Retail” and so are not afforded protection under the “Consumer Protection Act” and other laws.
6. All statements as to the authenticity of lots shall be statements of opinion. Brand names etc should not be regarded as genuine unless stated by the auctioneer at the time of sale as being so.
7. All goods shall be at the risk of the vendor or, after sale, purchaser whilst on the premises or in the care of the Auctioneers. Vendors and purchasers are advised to obtain insurance to indemnify them in the event of their losses, Unless notified to the contary the auctioneer will arrange insurance for vendors items whilst in our care. A 2% charge on the hammer price or reserve price will be chargeable. After payment lots may be removed from the premises subject to no interruptions to sales then being made in the removal Process. In any event the Auctioneers and their staff shall have discretion to decide which lots may be removed whilst the sale is in progress.
8. The BUYERS PREMIUM is 17% added to the hammer price (Minimum £1) plus VAT. For Internet bidding the commission rate will be 20%. After 5pm on the second working day after the sale day, the buyers premium will increase to 25% plus VAT.
8a. Internet Fees will be added to the invoice. For easylive this is 3% unless buyers have opted to pay the £3 charge in advance. For ibidder the fee is 3% of the hammer price
9. The AUCTION COMMISSION is 15% or £1.50 whichever is the greatest (£1.50 being the minimum commission charged at their discretion And £1.00 Per Item Loting Fee.
10. The Auctioneers reserve the right to catalogue goods as they see fit, determine in which sale these shall be included and refuse any lots considered to be unsaleable or of negligible value. They shall not be held responsible for any expenses or loss incurred thereby or for the postponement or cancellation of sales, for whatever cause. Any goods refused entry will be diposed of without further notice to the vendor.
11. The Auctioneers do not hold themselves responsible for any default on the part of vendors or purchasers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any lot or for any errors of description made by the vendor or persons on their behalf.
12. The vendor shall indemnify the Auctioneers against any claims in connection with goods sold on the vendor’s instructions.
13. The Auctioneers disclaim responsibility for all loss or damage to goods unless directly the result of negligence on the part of one of their employees.
14. Payment (without interest) will usually be made to the vendor within 14 days of the sale date, after deduction of commission, VAT and expenses, where applicable (expenses shall include transport, insurance, storage and valuation), but the Auctioneers shall not be liable for payment to the vendor until they themselves receive full payment from the purchaser.
15. The Auctioneers reserve the right to charge a premium on the total bill on any credit card transaction i.e. Visa, Access etc. Payment other than by cash will be entirely at the discretion of the Auctioneers. Payment by switch card will also be at the discretion of the Auctioneers. Cheques are not accepted for payment.
16. The Auctioneers will charge a storage fee of £1 per day (small items) and £3 per day (furniture and large items) any goods not collected within 3 days of sale unless prior arrangements have been made. Storage fee will be payable from the date of sale. Failure to collect items after this period, may result in goods being sold, without reserve, to cover expenses. Buyers Premium will be increased to 20% for any goods not paid for by the close of business on the 2nd Day after the auction.
17. Notwithstanding any other of these Terms and Conditions of Engagement, if within 7 days of the sales of any lot the purchaser gives written notice to the Auctioneer that in his or her opinion it is a deliberate forgery, as defines below, and within 14 days of such notice, returns the lot to the Auctioneer, in the same condition as it was at the time of sale and by producing evidence (the burden of proof being on the purchaser) satisfies the Auctioneer that the lot is a deliberate forgery, then the Auctioneer will be entitled to rescind the sale and will refund the purchase price to the purchaser if the same is still held by the Auctioneer. If the purchase price has been paid to the vendor the Auctioneer shall be under no obligation to the purchaser for the refund of the purchase price. In the context of this guarantee ‘a deliberate forgery’ means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of sale had a value substantially less then it would have had, had it been in accordance with the description. However, there will be no right where the catalogue description, at the time of sale, was in accordance with then general opinion of experts, or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.
18. Goods withdrawn prior to sale but after cataloguing or valuation, ‘Bought-in’ lots and unsold reserved goods (where reserves have not been agreed with the Auctioneers) will attract a charge at the rate of 5% of the value based on reserve prices or valuation provided by the Auctioneer (plus expenses where applicable) which shall be binding upon the vendor. This charge is levied in addition to any other fees which may be payable.
19. A Vendor may place reserves on any lots (Minimum £10) but unless instructed to the contrary, all lots will be sold without reserve or at the Auctioneers discretion. Lots failing to reach reserve prices may be sold after the sale at or above reserve or entered into a subsequent sale(s) without reserve.
20. The Auctioneers reserve the right to dispose of all unsaleable lots which they consider to be of negligible value, without reference to the vendor and at the vendor’s full expense.
21. The Auctioneers shall not be responsible for any loss or injury whether accidental or otherwise (not arising out of their negligence) which may be suffered by any person on the sale premises or which causes damage to any item within the premises ie the salerooms, reception areas, kitchen, warehouse or car park/yard.
22. Payment acceptance and deadlines
All lots must be paid for and all invoices settled by Midday the next working day after the sale.
After this time storage charges may be applied.
Buyers may pay by cash, debit card, credit card or bank transfer.
Credit card payments will attract a 2.5% surcharge and business credit cards a 3.5% surcharge.
Bank transfers must include all charges in connection with receiving the funds into our account.
Payments made over the phone will only be acceptable if the card used is registered to the address given at registration.
Under no circumstances will goods be allowed to be collected in person by anyone other than the card holder and proof of identification will be required.
Phone or Internet transactions over £100 will only be acceptable by phone if known to the auctioneers. Persons not known to the auctioneers must arrange bank transfer of funds or collect in person.
23. All buyers registering on our site or affiliated sites undertake to complete the purchase of all lots successfully bid for and won within the prescribed timescales.
All buyers will automatically consent to a charge being made to their registered credit or debit card for a deposit as deemed appropriate by the particular terms of each sale, and all outstanding invoices to be charged to the registered card after the prescribed time has expired to complete the purchase ( usually after 5pm on the second working day following the auction)
In most cases the buyers premium will increase after 5 pm on the second working day after the sale and buyers should check carefully the individual sale particulars.