TERMS AND CONDITIONS
STANDARD TERMS APPLICABLE TO ALL AUCTIONS
These terms and conditions set out the terms on which we offer lots for sale and which apply to sellers, bidders and buyers. You should therefore read them carefully before you instruct us to sell goods or before you bid on goods as they will bind you once we accept your instruction to sell or on the placing of any bid.
The following definitions shall apply to this contract
1.1 “We / Us” are C&D Higham Ltd
1.2 “You” are the customer.
1.3 “theSeller” is the person selling an item.
1.4 “theBuyer” is the person successfully bidding for an item.
1.5 “aBidder” shall refer to any bidder, whether successful or not.
We act throughout only as agents for the Seller (except where we are stated specifically wholly or partly to own any lot as principal). We do not act as agent for any Bidder or Buyer unless we specifically agree otherwise in writing.
We accept no personal liability for any contract made at or prior to any auction between a Seller and a Buyer or in respect of the sale of any item offered in any of our auctions and as such we are not responsible for any default by Seller or Buyer.
Conduct of Sales
We shall have full control of the conduct of all auction sales. This means that in particular we may do any of the following without giving any reason:
i. Reject any bid or refuse to accept any bid from any person;
ii. Withdraw, divide or consolidate any lots offered for auction at any time;
iii. Bid on behalf of the Seller or offer or withdraw a reserve price;
iv. Determine any dispute about which is the final bid or whether an auction has concluded and if so at what price;
Subject to our overall discretion and control of the auction, the Seller may bid for any lot either personally or through the auctioneers or through any other person as many times as they respectively may think fit and may withdraw any lot.
If we fix a minimum bid for any auction, or fix a reserve price, that shall be binding on all Bidders.
Whether or not any bid is successful is entirely at the discretion of the auctioneer conducting the auction and we shall be entitled to resolve any and all disputes between bidders or in respect of any aspect of the conduct of an auction. In such an event, we may immediately determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot.
Subject to the preceding discretion, the bidder offering the highest price shall become the Buyer of any item offered for sale at an auction.
We accept no responsibility in connection with the commissioning of their staff to bid for any lots. Reserves and commissions given by telephone are accepted at sender’s risk and must be confirmed in writing before the date of sale [and the cheque must be cleared in advance of bidding taking place].
The Buyer shall immediately after the fall of the hammer declare his name to us and pay the initial cash deposit. If the Buyer fails to do either of these things immediately, then, at our discretion, the lot may be resold without repayment of any deposit paid.
The Buyer must pay the balance of the purchase price plus a buyer’s premium of 20% plus 20%VAT. This must be paid by cash or banker’s draft or direct electronic bank transfer by no later than 4.30 pm on the next business day after the day of the sale (except where specified otherwise in the written details of the terms of a particular sale).
Lots on which VAT is payable by the Buyer are indicated in the catalogue. VAT is payable at the rates prevailing on the day of the auction.
No lots may be removed before payment has been made in full and the lot shall be removed at the expense of the Buyer once removal is authorised by us. All removals will be supervised by the saleroom porters. Lots may only be collected by the declared Buyer and lots may not be collected by anyone else.
The Buyer is liable for a storage charge of £5 +VAT per lot per day whether or not the lot has been paid for starting from the day after payment is due in accordance with clause 11 and continuing until the lot is removed or resold.
If the Buyer fails to comply with conditions 10, 11 or 14 above, any money deposited in part payment shall be forfeited to us to pay all relevant expenses of the abortive sale, and the lot shall be resold by public auction or private sale and the deficiency (if any) arising upon the resale together with the expenses of such resale (plus any VAT chargeable thereon) shall be due as a debt from the buyer in default upon the first sale.
Once the hammer has fallen, the Seller is not liable to adjust the price for any reason whatsoever regardless of what a subsequent inspection may show since the Buyer had the responsibility to inspect the lot before bidding.
The basic principle of our auctions is that lots are sold as seen. This means that it is the responsibility of the bidder to inspect any lot that they are interested in prior to bidding.
We will allow all bidders to inspect any item to verify its description so far as it is possible to do so (for example, it may not be possible to inspect the inside of sealed packaging).
All items are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for general identification only. Buyers should satisfy themselves prior to the auction as to the condition of each lot. In the case of sales of cars or other vehicles, we do not conduct HPI checks: it is the Buyer’s responsibility if they wish to do so to check if a car has outstanding finance or any other defects in title which are apparent from publicly available information. It also the Buyer’s responsibility to check the mileage if required and no warranty is given in respect thereof.
Any statement by us or any of our staff as to any lot is a statement of genuine opinion only and every person should rely on their own judgment as to all matters affecting the lot. Any statement of opinion given by any of our staff will at most be based on a summary visual inspection and not a detailed inspection nor will it include looking inside any sealed packaging.
Neither the Seller nor us, our servants or agents are responsible for errors of description or for the authenticity of any lot or for any misstatement as to any matter affecting any lot. Neither the Seller nor we, our servants or agents 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.
We therefore take no responsibility for the accuracy of any description of any item, including its size or quantity (if relevant), packaging, state or quality, or whether it is in working order.
No warranty is given that any items of plant machinery or equipment contained in the lots necessarily comply with the Health and Safety at Work Act 1974 or any other statutory or regulatory requirement for any such plant, machinery or equipment and compliance with any such is entirely the Buyer’s responsibility.
The Buyer is therefore not entitled to any claim for any remedy against us including damages or rescission by reason of any error or mistake as to the description, quality or quantity of any item sold since you agree by taking part in this auction that you are not relying on any description of any item but rather you are taking responsibility for your own inspection of the item.
We do not as auctioneer warrant the Seller’s title to any item and all lots are sold with such title as the Seller may have.
Notwithstanding any other terms of these conditions if, within  days after the sale, we receive from the Buyer of any lot notice in writing that in his view the lot is a forgery, and within  days after such notification the Buyer returns it to us in the same condition as at the time of sale and by producing evidence (the burden of proof to be upon the Buyer) satisfies us that, considered in the light of the entry in the catalogue, the lot is a forgery, 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 our decision. In deciding whether or not the lot is a forgery we shall be entitled to seek the views of any expert or other authority
If notwithstanding these terms and conditions, we should be found liable to any Buyer or Bidder as a result of any undertaking, representation or warranty given in respect of any item provided by a Seller, or any information or description of an item provided by a Seller, or any fair and reasonable description provided by us based on the appearance or other features of the lot at the time of the description, or based on a visual inspection of the lot or based on any defect in title or quality or otherwise or the need to rescind a sale because the item is not genuine or otherwise, then the Seller shall indemnify us against any liability and costs arising out of any such undertaking, representation or warranty and howsoever arising.
Prior to the sale of any lot, it remains the property of the Seller. It is the Seller’s responsibility to ensure that any item is insured and we will not be liable to the Seller if any item is lost, stolen, damaged or destroyed prior to delivery to our premises. However, we will take reasonable care for the safekeeping of items while they are stored in our premisesand we will keep all items insured for damage or theft while in our premises. If a Seller withdraws an item from sale or it is for any other reason to be redelivered to the Seller, it becomes the Seller’s responsibility to ensure that it is insured from the time it leaves our premises and we will not be liable to the Seller if any item is lost, stolen, damaged or destroyed at any time after it leaves our premises.
Once the hammer has fallen and a successful bid has been declared, the item is immediately therefrom held by us at the risk of the Buyer. However, we will remain responsible to take reasonable care for the safety and security of the item while it remains on our premises and we will keep all items insured for damage or theft while in our premises.
As soon as any item leaves our premises, neither we nor the Seller are responsible or liable if any item is then lost, stolen, damaged or destroyed. You should therefore ensure that your purchase is covered by insurance if appropriate from the time you arrange for it to be collected from us
Any Seller must notify us at the time of delivery and any Buyer must notify us at the conclusion of the relevant Auction if an item is of particular value so that we can notify this to our insurers. If in the event of any loss or damage to any item any insurance claim by us is void because of any lack of information from the Seller or Buyer, we shall not be liable for such loss or damage to the Seller or Buyer (as relevant).
Property in the item will however only pass to the Buyer when the purchase price has been paid in full.
Visiting our premises
Every person on our premises before during or after the sale shall be deemed to be there at their own risk and with notice of the condition of the premises and their contents. Such persons shall have no claim against us in respect of any injury sustained or any accident which may occur from any cause whatsoever save where such liability cannot be excluded by law.
The Buyer shall be responsible for any loss of or damage to any item on our premises caused by the Buyer or by any agent or employee of the Buyer or any independent contractor engaged by the Buyer to inspect or transport any item to or from our premises,and the Buyer shall indemnify us for any loss or damage caused thereby. This includes any damage caused by mishandling any dangerous chemicals which may form part of an item or lot sold, whether or not the presence of such chemicals was obvious to the Buyer or their agent, employee or independent contractor acting on the Buyer’s behalf in inspecting or collecting or transporting any goods.
Any waiver by us of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.
This document sets out all the terms and conditions which apply between us and any Seller, Bidder or Buyer and is the entire agreement and understanding between all parties hereto. These terms and conditions may only be modified by an instrument in writing signed by our properly authorised representative. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been recorded in writing and signed by us.
If any part of these terms and conditions should be held to be unlawful, void or unenforceable, then that provision shall be considered to be severable from the remainder of these terms and conditions and shall not affect the validity and enforceability of the remaining provisions hereof.
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. Any dispute arising out of any auction or any matter arising from our dealings with any Seller, Bidder or Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales.