These Conditions of Business and Special Conditions and any terms set out in the Catalogue or elsewhere specified by The Company shall together comprise the “Conditions of Business”.
Revision 3.1 22.03.18?
A - CONDITIONS
1 – Definitions
1.1 In these conditions: "the Auctioneer" is the employee or agent of The Company conducting the auction;
“Auction” any auction whether live or online and whether conducted independently or simultaneously conducted pursuant to these Conditions of Business and The Special Conditions;
“The Buyer” the bidder whom The Company has accepted by the fall of the auctioneer’s hammer;
"the Catalogue" any publication relating to the auction published on behalf of The Company and incorporating these Conditions of Business and The Special Conditions;
“The Company” The Northumberland Auction House Ltd Co No 10578847;
"Dangerous Substances" any natural or artificial substance capable of causing harm to or damaging the environment or public health or welfare;
"Environmental Law" all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances;
“Hammer Price" the price at which a Lot is knocked down by the Auctioneer to the Buyer;
“Live Auction” any auction conducted at The Company’s premises or at such other locations notified by The Company;
“Online Auction” any auction conducted over the internet pursuant to these Conditions of Business and The Special Conditions;
"the Purchase Price" the Hammer Price in pounds sterling together with any premium inclusive of VAT chargeable and additional charges and expenses due from a defaulting buyer;
"the Reserve" the minimum Hammer Price set by the Seller at which a Lot may be sold and otherwise subject to Condition 6;
“the Sale Proceeds" the net amount due to the Seller, being the Hammer Price less commission at the Stated Rates and Expenses and any other amounts due to The Company;
"the Seller" the seller or prospective seller of any Lot;
“Special Conditions” any additions to these Conditions of Business set out or referred to in The Catalogue, announce at Auction or otherwise specified by The Company;
"Special Goods" boats, motor vehicles, firearms and mechanical and electrical goods;
"the Stated Rates" The Company’s published rates of charges for the time being and VAT as laid out in the Special Conditions;
"VAT" value added tax chargeable under English Law for the time being and any similar additional tax.
1.2 The heading and divisions in all Conditions are for convenience only and shall not affect their interpretation.
1.3 In these Conditions the singular includes the plural and the masculine indicates the feminine and neuter.
2 – General
2.1 The Company acts as agent for the Seller except where it is expressly stated to be selling as principal and is not responsible for any default by the Seller or Buyer.
2.2 The Company has the right to refuse admission to its premises or attendance at its auction by any person. All persons are admitted to The Company’s premises to attend an auction on the basis that they have notice of these Conditions.
2.3 The copyright in all illustrations and written matter including the Catalogue relating to each Lot is the absolute property of The Company and no person may use or copy the same without the prior written consent of The Company.
2.4 The Company makes every effort to ensure that the Catalogue and description of the Lot are accurate but The Company makes no warranty to that effect.
2.5 Lot descriptions will be amended as appropriate as and when information becomes available to The Company. Bidders must read the Lot descriptions before making a Bid.
2.6 All Statements whether made verbally or in the Catalogue are statements of opinion only and neither The Company or its employees or agents will be responsible for the accuracy of any opinion given. Each Lot is sold by the Seller with any and all errors of description, faults and imperfections.
2.7.1 The Company has the right to divide any Lot or combine two or more Lots, refuse any bid, withdraw any Lot from auction or in the case of dispute put any Lot up for auction again and in each case without being required to give a reason.
2.7.2 The Auctioneer shall have the right to advance the bidding as he may decide.
2.7.3 The Auctioneer may where there is a dispute between bidders summarily determine the dispute or immediately again put the Lot up for auction, in each case without being required to give a reason.
2.7.4 No bid shall be retracted without the consent if the Auctioneer.
2.7.5 The Auctioneer shall in every respect decide how the Auction is to be conducted and without being required to give reason.
2.7.6 The Buyer shall be the person who made the highest bid before the conclusion of the sale subject to approval and acceptance by the Company, the Auctioneer and the Seller or such other Bidder as the Auctioneer, and or the Company may declare to be the Buyer without being required to give reason. The Auctioneer and or the Company and or the Seller is not bound to accept the highest Bid or any other bid placed in the course of the Auction.
2.8.1 The Company shall be under no liability for any damage or loss sustained by any person while on The Company’s premises or while attending auctions conducted by The Company except for death or personal injury caused by the negligence of The Company, its employees and agents.
2.8.2 The Company shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on The Company’s premises.
2.9 In the event of a sale after the auction of any Lot by private treaty the Seller and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.
2.10 These Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by The Company.
2.11 Any notice by The Company to a Seller, prospective Seller, consignor, prospective Bidder or Buyer may be delivered by hand, sent by first class mail or air mail or facsimile or email to the address or email address last notified to The Company and shall be deemed to be received:
2.11.1 if hand delivered, at the time of delivery;
2.11.2 if sent by facsimile within 8 hours of transmission during business hours;
2.11.3 if sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK;
2.11.4 if sent by email within 1 hour of sending.
2.12 All transactions to which the Conditions shall apply shall be governed by English Law.
2.13 The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances.
2.14 Clients Account money is held in the name of Northumberland Auction House Ltd, Client Account, at Barclays, Octagon House, Gadbrook Park, Northwich, Cheshire CW9 7RB
B - SELLER’S CONDITIONS
3 - Instructions
All goods delivered to The Company’s premises or into The Company’s custody shall be presumed to be delivered for sale by auction unless otherwise stated in writing and will be sold at auction by The Company. By delivering any goods to The Company each Seller or prospective Seller agrees to be bound by these Conditions. The Company will not collect goods for sale at auction unless otherwise agreed. Where The Company agrees to collect any such goods, the risk in such goods remains with the Seller. The Seller shall be responsible for insuring such goods until they arrive at The Company's premises; thereafter they will be covered by The Company’s insurance.
4 - Warranties
4.1 The Seller warrants to The Company and to the Buyer that he is the true owner of the Lot or is authorised by the true owner to sell the Lot and (in either case) is able to transfer good and marketable title to the Lot free from any liens, charges or third party claims. When the Seller is authorised by the true owner to sell the Lot, the Seller must name the owner and produce such written evidence of his authority as The Company may request.
4.2 If the Seller is selling a Lot not held by The Company on its premises or under its control, the Seller warrants and undertakes to The Company and to the Buyer that upon demand by the Buyer, the Lot will be available and will be in a deliverable state.
4.3 The Seller warrants that all information supplied to The Company with regard to the Lot is to the best of his knowledge accurate.
5 - Indemnity
The Seller shall indemnify The Company and the Buyer against any claims made for loss, damage, costs or expenses suffered by either or both of them as a result of a breach of any of the warranties contained herein.
6 - Reserves
6.1 The Seller may place a Reserve on any Lot prior to the commencement of the auction but once placed, a Reserve may only be changed with the prior written consent of The Company. A change to a Reserve may also be agreed verbally as between The Company and the Seller, but in such case neither The Company nor its employees or agents will be liable for any neglect, default or failure to act in connection with any such verbal alteration, unless written confirmation is received by The Company prior to the commencement of the auction.
6.2 When the Seller is the executor or administrator of an estate and gives The Company discretionary instructions to sell a Lot on his behalf, The Company may, at its sole discretion, sell the Lot without Reserve or place a Reserve on the lot.
6.3 If no Reserve is placed as stated above a Lot will be sold without Reserve. The Seller may not bid for his own Lot, but The Company as auctioneers reserves the right to bid on behalf of the Seller including the right to make consecutive bids up to the amount of the Reserve in respect of any Lot which is the subject of a Reserve. The Auctioneer reserves the right to use his sole discretion at the auction in respect of Lots sold without Reserve.
6.4 The Company shall be entitled to sell Lots at a Hammer Price of at least 90% of the Reserve, unless the Seller instructs The Company otherwise in writing prior to the commencement of the auction.
6.5 The Company shall be entitled to sell Lots at a Hammer Price below 90% of the Reserve but in such cases the Seller shall be entitled to such Sale Proceeds as would have resulted if the sale had been at 90% of the Reserve or the Sale Proceeds if greater, unless the Seller has instructed The Company that the discretion referred to in condition 6.4 shall not apply
6.6 Reserves on Lots put up for auction in an online timed following failure to sell in a previous auction will be set by The Company as set out in the Special Conditions.
7 - Risk of Loss or Damage
7.1 Unless otherwise instructed, The Company will assume risk of loss or damage to any Lot or property other than special goods consigned to it or put under its control for sale until whichever is the earlier of the ownership of the property in the Lot passing from the Seller, or the Seller or Buyer becoming bound to collect the Lot.
7.2 The Company's liability for loss or damage to any Lot will not exceed the amount estimated by The Company to be, from time to time, the current value of the Lot at auction, less The Company Commission and Expenses together with any storage charges, nor in any event will it exceed:
7.2.1 the Hammer Price less The Company Commission and Expenses if the Lot has been sold;
7.2.2 the Reserve, less The Company Commission and Expenses if the Lot has not been sold after being offered for sale and the Reserve has been determined.
7.3 In no event will The Company be liable for damage to glass or picture frame whether forming the whole or part of any Lot, or depreciation in value following repairable damage in any Lot.
7.4 The Company, its servants and agents shall have no liability in connection with loss or damage to any Lot caused by:
7.4.1 any third party instructed to deal with the Lot with the Seller’s or Buyer’s consent;
7.4.2 changes in humidity or temperature;
7.4.3 inherent conditions or defects;
7.4.4 error in processing;
7.4.5 war, nuclear radiation or radioactive contamination.
7.5 In all cases, save where The Company is to assume the risk of loss or damage, the Lot shall remain at all times at the risk of the Seller and the Buyer and neither The Company nor its servants or agents will be responsible for any loss or damage to the Lot whether caused by negligence or otherwise.
7.6 If the seller instructs The Company not to assume risk of loss or damage for a Lot, and following expiry of any period of risk assumed by The Company pursuant to the above, it shall at all times remain at the risk of the Seller who hereby undertakes:
7.6.1 to indemnify The Company against all claims made against The Company in respect of loss or damage of the Lot;
7.6.2 to reimburse The Company on demand for all payments, costs or expenses, including legal fees incurred by The Company as a result of claims referred to in condition 7.6.1;
7.6.3 to waive all rights and claims he may have against The Company, its servants and agents in connection with such loss or damage referred to in condition 7.1;
7.6.4 to notify his insurer of the existence of the indemnity contained in this Condition, and to procure a waiver of subrogation by such insurer of all claims they may have against The Company in connection with loss or damage referred to in Condition 7.1.
8 - VAT
If any Lot is an asset of the Seller’s business, the Seller must notify The Company or the Auctioneer on delivery of the Lot to The Company whether or not he is registered for VAT purposes and if so, his registered number and whether or not he intends to operate the VAT Used Goods Scheme covering other goods, works of art and antiques.
9 - Special Goods and Dangerous Substances
9.1 The Seller of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to The Company that as at the date when the same are put under The Company’s control:
9.1.1 they are safe if used for the purpose for which they were designed and free from any defect which might cause personal injury or death; and
9.1.2 they comply with all applicable and legislation such as but not limited to the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations.
9.2 The Seller of any Lot containing Dangerous Substances warrants and undertakes to The Company that as at the date when the same are put under The Company’s control:
9.2.1 the Seller has obtained all requisite environmental licences and approvals required by Environmental Law; and
9.2.2 the Seller has complied with all Environmental Law and environmental licences, which are applicable to the Dangerous Substances.
9.3. The Seller agrees to indemnify The Company, its employees and agents, against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this condition or of any negligence of the Seller, its employees and agents.
9.4 The Seller acknowledges that The Company are the Seller’s agents and for the purposes of all legislation applicable to the Special Goods and Dangerous Substances, including, but not limited to Health and Safety legislation and regulations and Consumer Protection Act 1987, the Seller acts as consignor and supplier.
10 - Photographs and Illustrations
The Seller gives The Company the absolute right to photograph and illustrate any Lot and to use such photographs and illustrations and any photographs and illustrations provided by the Seller as it may see fit.
11 - Commission and Expenses
11.1 The Company shall be entitled to deduct commission at the rate stated in the Special Conditions.
11.2 The Seller acknowledges The Company’s right to retain the premium payable by the Buyer under Condition 19 hereof.
12 - Payment of Sale Proceeds to the Seller
12.1 The Company shall pay the Sale Proceeds to the Seller not later than 28 days after the auction if the Purchase Price had been received by The Company from the Buyer. Notwithstanding that the Seller has not received the Sale Price, he will transfer the title in the Lot to the Buyer in accordance with Condition 23.2.
12.2 If the Buyer has not paid the Purchase Price to The Company within the 28 days period mentioned in Condition 12.1, The Company shall pay the Sale Proceeds to the Seller not later than 7 working days after the date on which the Purchase Price is received.
12.3 If the Buyer fails to pay the Purchase Price within 28 days after the auction The Company will notify the Seller who will instruct The Company as to the appropriate course of action to take and if in the opinion of The Company such action is practicable, it will endeavour to assist the Seller to recover the Purchase Price, but The Company shall be under no obligation to institute proceedings against the Buyer in its own name. If The Company does not receive instructions from the Seller or if in the opinion of The Company such proposed course of action is not practicable for whatever reason then The Company shall be entitled to:
12.3.1 agree terms with the Buyer for the payment of the Purchase Price;
12.3.2 remove, store and insure the Lot sold;
12.3.3 settle claims made by or against the Buyer on such terms as The Company shall in its absolute discretion think fit;
12.3.4 take such steps as are necessary to collect the monies due from the Buyer; and
12.3.5 where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer.
12.4 If not withstanding that the Buyer fails to pay to The Company the Purchase Price, The Company remits to the Seller the Sale Proceeds the ownership of the Lot shall pass to The Company.
13 - Rescission of the Sale
13.1 If the Buyer makes a claim to rescind the sale on the basis of Condition 4 and in The Company’s opinion that claim is justified, or The Company decides to rescind the sale on the basis of Condition 12.3.5, The Company may rescind the sale without further reference to the Seller and refund to the Buyer any amount already paid in respect of the Lot.
13.2 If the Seller has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in Condition 13.1 The Company has the right to recover such monies from the Seller.
14 - Withdrawn Lots
14.1 If the Seller cancels his instructions for sale at any time, The Company reserves the right to charge a fee, as specified in the Special Conditions.
14.2 Upon withdrawal of the Lot the Seller shall arrange for the collection and removal of the Lot at his own expense on or before two working days after the date of withdrawal. If the Seller fails to remove the Lot he shall pay to The Company Storage Charges, as specified in the Special Conditions.
14.3 Any legal fees, experts’ fees and other expenses that The Company may incur investigating any claim concerning ownership of the Lot shall be borne by the Seller, who shall reimburse to The Company all such fees and other expenses on a full indemnity basis.
15 - Unsold Lots
15.1 If any Lot fails to sell at auction The Company will notify the Seller who shall either arrange for its removal from The Company’s premises within 5 working days following the auction or instruct The Company to put the Lot up for auction again. Unsold lots may be entered in an online timed auction, unless the Seller instructs The Company otherwise.
15.2 In the event that the Seller fails to comply with Condition 15.1 the Seller shall pay to The Company Storage Charges as specified in the Special Conditions.
16 - Private Sales
If after 28 days of notification of any unsold Lot or withdrawn Lot the Seller has failed to collect the Lot, the Seller hereby authorises The Company to sell that Lot by private treaty and to deduct from the sale price any sums owing to The Company including but not limited to commission at the Stated Rates and Expenses.
C - BUYER’S CONDITIONS
17 - Inspection
Buyers and prospective Buyers are deemed to have satisfied themselves before bidding by inspection or otherwise as to but not limited to the physical condition including defects of the Lot and its description in the Catalogue.
18 - The Buyer
18.1 Any dispute as to who is the Buyer of any Lot shall be settled by The Company, and in each case without The Company being required to give a reason.
18.2 Every bidder at an auction run by The Company shall be deemed to act as principal unless prior to the start of the auction The Company has been given a written acknowledgment that a bidder is acting as agent for a named principal.
19 - Buyer’s Premium
Where a Buyer’s Premium is levied it shall be at the rate stated in the Special Conditions. The Buyer also acknowledges that The Company may receive commission from the Seller.
20 - VAT
Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue by a hatch (#).
21 - Commission and Telephone Bids
21.1 Prospective Buyers are advised to attend auctions in person. However, The Company will if so instructed execute written bids up to a specified limit from prospective Buyers in advance of an auction or at The Company’s discretion bids by telephone made by or on behalf of prospective Buyers before the auction. The Buyer shall deliver any instructions regarding commission bids whether delivered by post, telephone or in person to the appropriate employee of The Company, being the Auctioneer or an employee authorised to accept such instructions. Neither The Company nor its employees or agents will be liable for any neglect, default or failure to act in connection with any commission bids. An additional charge at the rate stated in the Special Conditions will be levied on successful telephone bids.
21.2 In the event that The Company has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to The Company’s ultimate discretion, it shall be sold to the person whose commission bid was received first.
22 - Title and Risk
22.1 Upon the acceptance of a bid indicated by the fall of the hammer by The Auctioneer:
22.1.1 a contract of sale for the Lot in question is completed between the Seller and the Buyer to which The Company is not a party and The Company will not be liable for any breach thereof by either the Seller of the Buyer;
22.1.2 The Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to The Company such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may at the Auctioneer’s sole discretion lead to the Lot being put up for sale again and re-sold.
22.2 Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid and all monies cleared in accordance with Condition 23.3. The Company shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 23.3.
23 - Payment
23.1 A prospective Buyer must prior to an auction register to bid and must then give The Company his full name and permanent address and if requested by The Company banking, identification and other appropriate information and references.
23.2 Where The Buyer is an online, commission or telephone bidder The Purchase Price must be paid in full to The Company not later than 2 working days following the invoice date. Where The Buyer is a bidder in the room The Purchase Price must be paid on the day of the auction.
23.3 Full payment for all Lots must be made to The Company by means of banker’s draft, credit or debit card, cash or BACS transfer in pounds sterling. Cash and bank payments are subject to limitations imposed by HMRC Money laundering Regulations. Where the Buyer wishes to pay by cheque, the Lot will not be released to the Buyer until the cheque has been cleared unless arrangements have been made with The Company prior to the date of the auction.
23.4 Any payments by a Buyer to The Company may be applied by The Company towards or set off against any sums owing from that Buyer to The Company on any account whatever regardless of any directions of the Buyer or his agents whether express or implied.
24 - Removal of purchased Lots
24.1 No Lot may be removed by the Buyer until the Purchase Price has been paid in full and the monies cleared in accordance with Condition 23.3.
24.2 Subject to Condition 24.1, if the Buyer shall not remove at his expense any Lot purchased by him within 3 working days of the Sale, then the Buyer shall pay to The Company Storage Charges at the rate stated in the Special Conditions.
25 - Responsibility for purchased Lots
25.1 As the risk in respect of a Lot will pass to the Buyer from the fall of the hammer as provided by Condition 22.1, the Buyer will be responsible for any loss or damage to the Lot from that time.
25.2 The Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority including but not limited to a firearm certificate required in connection with a Lot. The Company will not deliver Lots being firearms to Buyers without production of evidence of compliance with all UK firearm regulations.
25.3 The Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Laws and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to Dangerous Substances.
26 - Non-Payment or failure to collect
If a Lot is not paid for in full and removed in accordance with Conditions 23 and 24, The Company as agents for the Seller shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies without prejudice to any other rights it may have:
26.1 issue legal proceedings against the Buyer for damages for breach of contract;
26.2 rescind the sale of the Lot and re-sell the Lot by auction, private treaty or any other means;
26.3 charge the Buyer all the charges and expenses of the re-sale including but not limited to any commissions for the rescinded sale which remain unpaid and the deficiency if any between the Hammer Price of the resale and the Hammer Price of the rescinded sale;
26.4 remove, store and insure the Lot at the expense of the Buyer;
26.5 charge interest on the Purchase Price at a rate not exceeding 4% per month to the extent that it remains unpaid for more than 5 working days after the date of the auction;
26.6 retain any Lot knocked down to the Buyer at the same time or any other auction until payment of a Purchase Price by the Buyer;
26.7 exercise a lien on any other property of the Buyer in The Company’s possession for any purpose;
26.8 rescind the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;
26.9 reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auctions or obtain a deposit before accepting any bids from the Buyer in the future.
27 - Liability of The Company and the Seller
Neither the Seller, The Company or its employees or agents is responsible for errors of description (made either orally or in any Catalogue) or for the genuineness or authenticity of any Lot. No warranty whatsoever is given by The Company, its employees or agents by any Seller to any Buyer in respect of any Lot and any express or implied conditions and warranties are hereby excluded.
28 - Photographs and Illustrations
The Buyer gives The Company the absolute right to use its photographs and illustrations of Lots at any time at The Company’s absolute discretion (whether or not in connection with the auction).
29 - Client Money
The Company will hold any money belonging to the Seller or the Buyer in separately designated client accounts.
30 - Online Bidding
The Company offers online bidding services. In duly completing bidder registration with online bidding host companies and providing credit card and other payment details as required and unless alternative arrangements are agreed with The Company the Bidder:
30.1 authorises The Company, if it so wishes, to charge the Bidder and take payment credit in part or full, including all fees, for all items successfully purchased in any auction via any online bidding host company, and
30.2 confirms that he is authorised to provide such details to The Company and
30.3 agrees that The Company is entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
1. Stated rates (all fees and charges subject to VAT)
1.1 Vendor Commission 20% of Hammer Price (minimum £2.00)
1.2 Buyer Premium 20% of Hammer Price (minimum £2.00)
1.3 Telephone Bid 1.5% of Hammer Price
1.4 Lotting £2.00 (inclusive of VAT) per Lot
1.5 Lot withdrawal and instruction cancellation:
a. 20% of either The Company’s latest estimate of the auction price or
b. 20% of The Reserve where one is placed
and in both cases plus expenses
a. Large items £5.00 per day
b. Small items £2.00 per day
a. Large items £30.00
b. Small items £5.00