GENERAL AUCTION RULES APPLICABLE TO ALL USERS OF OUR AUCTION SERVICES INCLUDING SELLERS, BIDDERS, BUYERS AND THOSE WHO WATCH AN AUCTION WITHOUT ACTIVELY BIDDING ON IT
These rules are incorporated into all of our contracts with sellers, bidders, buyers and watchers of our auctions. By attending an auction in person, online or by any other method, you acknowledge and agree that these rules apply to you.
Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and 1969 are held at our place of business and displayed at the auction for its duration.
1. If there is a discrepancy between a description of a lot on our website and in the Auction Catalogue, the Auction Catalogue made available on easyliveAuction.com is authoritative.
2. We reserve the right to fix a reserve price for any lot. If the reserve price is not met, our auctioneer may withdraw the lot from sale and make an announcement to that effect.
3. We may without giving any reason refuse to accept the bid of any person.
4. In the case of a dispute as to any bid, we may immediately determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot and we need not give a reason for our decision.
5. No person may advance less at a bid than a sum we name from time to time.
6. We may accept bids increasing in such increments as we determine in our absolute discretion.
7. Provided that the seller complies with the Seller Auction Terms, the seller may bid for any lot either personally or through us or through any other person as may times as they respectively may think fit and may withdraw any lot.
8. The highest bidder for each lot as determined by our auctioneer shall be the buyer of that lot.
9. We accept no responsibility in connection with the commissioning of our staff to bid for any lots.
10. We sell each lot as agents for the seller (except where we are stated wholly or partly to own any lot as principal in the Auction Catalogue) and as such are not responsible for any default by seller or buyer.
11. The auctioneer has a discretion to sell any lot below the reserve price set for it.
12. The conduct of the auction is entirely at our discretion, without any requirement on us to give a reason for our decisions. Without limiting the full extent of our discretion, our auctioneer may divide any lot, combine two or more lots, withdraw any lots from sale, or cancel the sale without giving a reason and without prior notice.
13. Our auctioneer is our representative conducting the auction and may delegate to any person who they believe to be competent to conduct the auction in accordance with these rules and the Buyer Auction Terms and the Seller Auction Terms.
14. If a dispute arises after the sale of a lot relating to the auction (including any dispute relating to the hammer price of the lot or the identity of the buyer), it shall be determined by our sale record which shall be conclusive (notwithstanding the existence of any online records generated by us or by Easy Live Auction).
15. The auction will be conducted and all bids must be made in GB pounds sterling. Cryptocurrency is not accepted.
16. Lots on which VAT is payable by the buyer are indicated in the Auction Catalogue. VAT is payable on the hammer price at the rates prevailing on the day of the auction.
17. All individuals attending the auction in person must comply with reasonable directions for the purpose of safety and security, whether given by us or by Griffin Transport UK Ltd (who own the auction premises). In particular, each registered person given a paddle is responsible for their paddle and must ensure that it does not leave their possession during the auction and is returned to us at the end of the auction.
18. These conditions shall be governed by, and construed in accordance with, the law of England and Wales. All transactions to which these conditions apply and all connected matters shall also be governed by the law of England and Wales.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING TO ATTEND ONE OF OUR AUCTIONS BY ANY METHOD, INCLUDING ONLINE
What’s in these terms?
These terms tell you the terms of the contract between us and attendees of our auctions and bidders and buyers who bid and/or buy at our auctions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING TO ATTEND ONE OF OUR AUCTIONS BY ANY METHOD, INCLUDING ONLINE
What’s in these terms?
These terms tell you the terms of the contract between us and attendees of our auctions and bidders and buyers who bid and/or buy at our auctions.
Who we are and how to contact us
We are Piano Auctions Limited a limited company (registration number 04717307). We are based at 18 Grove Place, Bedford, England, MK40 3JJ. The best way to contact us is by email (info@pianoauctions.co.uk) or by phone (01234 831742). Our VAT registration number is 810213003.
Buyer’s Auction Terms
These terms and conditions govern the relationship between us and anyone who participates in one of our auctions by attending it in any way (in person, by phone, by placing an absentee bid or online through easyliveAuction.com), including as a bidder, and including any successful bidder. These terms and conditions cannot be disapplied or varied without our express agreement.
In these terms, ‘you’ means anyone who has seen our Auction Catalogue or who attends (remotely or in person) or bids at or otherwise participates in our auction, whether or not you are a buyer. You may be a natural person or any form of corporate or unincorporated body having separate legal personality. These terms are binding on your personal representatives, successors and permitted assignees and the term ‘you’ includes those persons.
A buyer means someone whose bid is the final, highest bid on goods at an auction run by us, at which point the buyer agrees to buy that lot or, if applicable, their personal representatives. If two or more people are jointly the buyer, their obligations can be enforced against them jointly or against each of them separately. If the buyer acts as agent for another person (their ‘principal’), both the buyer and their principal are bound by these terms and are jointly and separately responsible for all obligations and liabilities (including any indemnities) under them.
If there is any inconsistency between these terms and any special conditions specified in the Auction Catalogue, the special conditions in the Auction Catalogue will prevail but no other terms or conditions may be introduced to the contract by either party by any other means, whether in writing or verbally.
Your acceptance of these terms
If you register to attend the auction:
in person
via telephone,
by leaving an absentee bid with us, or
online using easyliveAuction.com,
or submit a bid, you are acknowledging that you accept that these terms apply to you and you accept that it is your responsibility to read them and any special conditions contained within the Auction Catalogue.
If you do not agree to these terms, you must not participate in the auction.
There are other terms that apply to you
The following additional terms also apply to you when you participate in our auction and/or win at auction:
Our General Terms of Use of Website and Services which apply to anyone who uses our website and services, including visitors to our website.
Our Privacy Policy. See further under How we may use your personal information.
Our General Auction Rules, which set out certain rules relating to the conduct of the auction applicable to all participants in our auctions.
If you are a buyer who purchases goods from a seller who lists them using our auction service, the terms and conditions for sale which apply to your purchase will be the Sale Conditions. That is a contract between the seller and you only and we are not a party to it. We act as agents for the seller in the auction process only and we only insist that the Sale Conditions are used to ensure that all sellers who are registered in our auctions all treat their buyers in the same way, using the same set of terms and conditions.
1. Registration and formation of the contract between you and us
1.1 When you register with us and/or with easyliveAuction.com to participate in the auction, you agree that you will give true, accurate, current and complete information about yourself including valid, current ID in the format we specify. You must tell us straight away if any of that information changes before you have paid for and collected any goods you have purchased at auction.
1.2 A contract between you and us comes into force upon the occurrence of the first of the following events:
(a) you register with us to attend an auction in person;
(b) you register with us to attend an auction by phone;
(c) you register with us by placing an absentee bid;
(d) you register with easyliveAuction.com to attend an auction run by us.
1.3 You warrant and represent that you are bidding only on your own behalf and not on behalf of anyone else and that you will pay for any lot you purchase with your own money.
2. Our role and contractual relationship with you
2.1 Our role in the auction process is agent for the seller and, as such, we are not responsible for any default by you or by the seller of any goods listed at an auction run by us. When you place the winning bid on a lot, the contract is between you and the seller only and we are not a party to it. All sellers who use our service agree that the Sale Conditions apply to their contracts with you for the sale of goods to ensure that all sellers who are registered in our auctions treat their buyers in the same way, using the same terms and conditions. We are not responsible for any default by the seller of the contract between you and the seller for your purchase of the goods for which your bid is the winning bid, or otherwise.
2.2 The contract between you and us is put in place to specify the terms of the auction conditions which apply between us and you, for example that you will pay the purchase price (including buyer’s premium and any online bid commission (and applicable VAT on each)) to us when you win a lot at auction, in order to ensure that we can enforce your obligations against you if you are in default.
3. Acceptance of buyers and cancellation by us
Occasionally, certain individuals will be refused access to an auction and/or the opportunity to bid. This decision is entirely at our own discretion but reasons why we might refuse a potential bidder access include:
3.1 we believe that you are under the age of 18; or
3.2 we believe that any information you have given us about yourself is untrue, inaccurate or misleading; or
3.3 we are unable to verify your identity and details in accordance with our “know your client” procedures, including corporate information where relevant and your VAT registration number in circumstances where we are required to obtain it from you; or
3.4 we believe that you are a Sanctions Target with whom we are not legally allowed to do business; or
3.5 you have failed previously to make any payment due from you to us or to a seller on time in accordance with the applicable terms; or
3.6 you act inconsistently and in breach of any of the terms and conditions, policies and rules applicable to you, including these terms; or
3.7 we believe that you are engaged in any fraudulent or otherwise unlawful activity; or
3.8 we believe that you are acting as agent for an undisclosed principal or we are unable to verify your disclosed principal’s identity and details in accordance with our “know your client” procedures, including corporate information where relevant; or
3.9 Easy Live Auction reports to us that you have defaulted in paying for an item you have won at an auction run by someone else and facilitated through easyliveAuction.com.
4. Bidding at auctions
4.1 We accept bids in GB pounds sterling only on lots in our auctions by the following methods only:
(a) in person using a paddle; and
(b) telephone bids; and
(c) absentee bids left with us before the date of the auction; and
(d) online bids through easyliveAuction.com
4.2 If you decide to follow and bid on an auction we are running online, you will need to visit easyliveAuction.com and their applicable terms and conditions will apply to your use of their service. You agree with us that you will comply with their terms and conditions applicable to the use of their service. It is entirely your responsibility to ensure that you use a suitable, properly configured browser to access easyliveAuction.com. You also agree that we are not responsible for any disruption in the online bidding process caused by the unavailability of easyliveAuction.com while an auction is underway or interruptions in its availability, which are events outside of our control and wholly the responsibility of Easy Live Auction.
4.2 You acknowledge that we have no control over Easy Live Auction and that they may refuse you access to our auction online for any reason.
4.3 We are not liable for the acts or omissions of Easy Live Auction as a third party service provider. You are solely responsible for the transmission of information connected to your Easy Live Auction account and we exclude all liability to the extent permitted by law.
4.4 To attend an auction in person, you must register with us by 11.00am on the day of the auction and collect your paddle before the auction opens at midday.
4.5 To bid by telephone, you must contact us at least one working day before the auction date to register for phone bidding. Telephone bidding is subject to availability on a first to register, first served basis.
4.6 Telephone bidding may be recorded by us.
4.7 We will only accept a telephone bid if we are able to clearly hear the bid. It is your responsibility to use a telephone with a clear signal to ensure that we can clearly hear the bid and we are not responsible for any losses you incur in the event that there is any disruption to the telephone line which makes your bid unclear.
4.8 Absentee bids may be submitted up to one working day before the auction by email, by post or by hand using the form provided in the Auction Catalogue and must include a maximum bid. If your absentee bid is equal to the amount of another person’s absentee bid, the first bid received will take precedence. If your absentee bid authorises our employees to bid on your behalf up to a maximum bid, they will attempt to execute the bid at the lowest price possible, taking into account any reserve and other bidders.
4.9 Whatever method you wish to use to bid, you must first register with us and comply with our requirements regarding the supply of information and ID about yourself.
4.10 If you are a company or other organisation of any kind, you represent and warrant that the person bidding on your behalf has full authority to do so and to enter into this contract and to enter into the contract for sale with the seller in the event that they place a winning bid on your behalf.
4.11 All bids are binding and irrevocable, except with our express permission, which we may refuse for any reason.
4.12 From time to time, an auction may be extended to continue to offer lots which do not sell during the live auction in the auction-house. If the auctioneer declares that the auction is continuing for an aftersale period of up to two weeks after the date of the live aspect of the auction (“the aftersale period”):
(a) registered users may place an absentee written bid on the lot by email, post or by hand. Bids by other methods are not permissible;
(b) you may arrange to view the lot during the aftersale period before bidding;
(c) these terms and the General Auction Rules apply to the continuing auction;
(d) we may accept any bid immediately during the aftersale period at our discretion and we do not guarantee that the auction will be held open for 14 days; and
(e) we will tell you if your bid is accepted by email at which point you are contractually bound to buy the lot from the seller on the Sale Conditions.
5. Reserve price, seller bidding and further mechanics of auction
5.1 Some lots at auction may be subject to a reserve price.
5.2 If the seller has not set a reserve price for a lot, they reserve the right to bid on that lot.
5.3 In addition to the General Auction Rules (which you acknowledge you have read and are deemed to accept as if they were set out in these terms by participating in the auction by any method available to you (whether or not you place any bids)) and other clauses of these terms (including clause 4.8):
(a) we may decide how you may bid on the lots in the auction at our sole discretion and are not obliged to make all of in person bidding, electronic bidding, telephone bidding and absentee bids available at all auctions.
(b) in the event of a dispute as to any bid, we are authorised by the seller to determine the dispute and put the lot up again at the last undisputed bid.
6. Compliance with law
6.1 You will not use the auction service we provide for money-laundering, bid rigging, price fixing or other unlawful collusion, price signalling or for any other unlawful or unethical purpose. In line with our anti-money laundering policy, we do not accept payments from third parties. When you bid on a lot and win, you must make the payment for it from your own bank account in your own name.
6.2 We may report any suspicious activities of any kind to the appropriate authorities and may provide your personal and business information to the appropriate authorities in this regard. Please review our Privacy Policy for more information on when we may disclose your personal information to third parties. We may not be able to tell you that we have disclosed information to appropriate authorities and will not be liable for any Losses you incur as a result of our disclosure in those circumstances, including any Losses due to a delay in our being able to accept payment or allow you to collect goods you have bought at auction.
6.3 You warrant and represent to us that at the date of the auction and also at the date of payment for goods you win at auction, you:
(a) are not a Sanctions Target and have not been a Sanctions Target during the period of 5 years immediately prior to the date of the auction and nothing has occurred that could reasonably be expected to result in your becoming a Sanctions Target;
(b) are not contravening and have not contravened any Sanctions during the period of 5 years immediately prior to the date of the auction;
(c) are not in any way and have not in any way been involved in any Sanctions Proceedings (other than for the sole purpose of providing information or evidence in respect of the proceedings) at any time and to the best of your knowledge and belief, there are no circumstances likely to give rise to any such Sanctions Proceedings;
(d) will not directly or indirectly use funds from anyone that is a Sanctions Target to purchase any goods at our auction nor to pay the buyer’s premium nor any online bid commission nor VAT on any of them;
(e) will not directly or indirectly use funds connected with the proceeds of criminal activity for the purchase of goods at our auction nor to pay the buyer’s premium nor any online bid commission nor VAT on any of them and that neither you nor your principal (if any) is under investigation, charged with or convicted or any money laundering, terrorist activity, tax evasion or anti-bribery or anti-corruption law or regulations.
6.4 You must not do, or omit to do, any act that will cause or lead us or the seller to contravene any Sanctions.
6.5 If you are acting as an agent for a principal buyer, you warrant and represent that you have taken all reasonable steps to ensure that each of the warranties contained in clause 6.3 is true as regards your principal and you will produce proof of this at our request at any time within 5 years after the auction.
6.6 We may ask you for proof of the source of your funds for the purchase of goods and you agree to provide this immediately in such form as we may reasonably require.
7. Pre-auction recommendations and release
7.1 We can’t check the truth or accuracy of statements made by sellers when they list goods with us. It is your responsibility to verify all information contained in the Auction Catalogue. The goods listed in our auctions are second hand and we strongly encourage you to visit lots you are interested in at the Griffin Transport warehouse where they are stored at 1 Sydney Road, Watford, WD18 7XX before the auction and that you test the pianos you might bid on by playing them before bidding on a lot. Viewing is by appointment only and you should contact us (info@pianoauctions.co.uk or 01234 831742) to arrange an appointment. It is your responsibility to satisfy yourself that you are happy to place a bid with the information you have prior to bidding and not afterwards. We will use reasonable endeavours to accommodate any request to view lots on at least one business day’s notice until the last business day before the date set for the auction (or until the last business day of the aftersale period if the auction continues to run in accordance with clause 14.12, or until the lot is sold, if earlier).
7.2 We don’t have any means of verifying the honesty of sellers who use our auction service and your claim is against the seller, not us, if there is something wrong with the goods or their provenance or if they don’t match their description in the Auction Catalogue or elsewhere. Notwithstanding this, we will take the steps specified in clause 13.1 if you report a forgery in accordance with the procedure set out in clause 13.1.
7.3 We make no representations or warranties about the accuracy, completeness or suitability for purpose of the information and related graphics published in the Auction Catalogue or on our website. From time to time, our Auction Catalogue or website may contain technical inaccuracies or typographical errors. All liability of Piano Auctions Limited however arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law but nothing in this clause or elsewhere in these terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may or may not be excluded.
7.4 We make no guarantees and give no warranties as to the condition and fitness for purpose of any item listed in our auctions. Notwithstanding any statements contained in the Auction Catalogue relating to condition or fitness for purpose, the seller is wholly responsible to you under the contract between you and the seller for any implied warranties and conditions which cannot be excluded by English law (or by any other applicable law if you reside outside England). Please read the Sale Conditions carefully to ensure you understand the impact of the goods being second-hand and sold at a public auction (however you choose to bid).
7.5 We do not carry out a detailed inspection of any goods listed for auction with us when they arrive at the warehouse of Griffin Transport UK Ltd and any description given by us in the Auction Catalogue is based on a superficial inspection without testing the goods or inspecting them beyond their surface appearance and obvious defects such as missing keys or strings. All goods sold through our auctions are second hand and we do not include detailed descriptions of all flaws goods may have in the Auction Catalogue. Our services do not include the provision of a detailed condition report in respect of goods included in our auctions. We are not obliged to obtain expert opinions on any matters related to goods listed for auction with us, whether as to the condition or fitness for purpose of the goods, their title, provenance, history or otherwise.
7.6 If you email us with a question about a lot no later than the close of business on the second business day before the lot is set to be auctioned, we will use reasonable endeavours to answer your questions if you are registered to participate in the auction. We cannot always accommodate such requests if we ask the seller for information and don’t receive a response before the auction. Our employees are not authorised to make any representation or warranty to you on our behalf about any goods listed for auction.
7.7 After you contract to buy goods at auction, we will not accommodate requests to view the goods you have won at auction before payment in full has been received in accordance with these terms and your contract with the seller.
7.8 From time to time, an item listed in the Auction Catalogue may be removed from the auction before the date set for the auction (sometimes to be sold by private sale) and we have no liability to you in such cases, including any liability in respect of expenses incurred viewing and investigating the item in question and any expert opinions you may have obtained.
7.9 From time to time our auctioneer may announce a change to the information about a lot from that contained in the Auction Catalogue before they open the bidding at an auction. You agree that you are responsible for attending the auction and that we are not responsible for your Losses if you place an absentee bid before the auction on a lot whose information is changed at the auction.
8. Contract between you and the seller
8.1 Placing a bid entitles us and any seller to rely on your bid as a genuine offer to buy the goods in question and as a result you warrant and undertake that you have the legal right to make such a bid and enter into any transaction which results from your bid.
8.2 If you are the winning bidder of goods at the auction, the contract between you and the seller is in place from the moment the “hammer falls” in relation to the lot you have bid on, at which time you are contractually bound to buy the lot from the seller on the Sale Conditions. Please read the Sale Conditions in the Auction Catalogue carefully before the auction to make sure that you do want to buy at auction because placing a bid means that you accept that the Sale Conditions apply to your purchase of the goods you bid on if yours is the winning bid.
8.3 Each lot you win is the subject of a separate contract for sale with the applicable seller, even if you buy two or more lots sold by the same seller.
8.4 We will tell you that yours is the winning bid on a lot by email by sending you the invoice referred to in clause 9 below. If you wish to know the outcome of your bid sooner, we recommend registering for online bidding at easyliveAuction.com.
8.5 We reserve the right to claim against you for any unpaid buyer’s premium, online bid commission, transfer fees, storage charges, handling fees, insurance, interest and any other sums (including all applicable VAT and all Losses) arising from a breach by you of the contract between you and the seller and/or these terms and to commence legal proceedings against you.
9. Payment of purchase price including buyer’s premium and online bid commission
9.1 We will send you an invoice for the goods you have bought at auction by email which you must pay within 3 business days of receipt (a business day is a day from Monday to Friday which is not a public holiday in England). We are expressly authorised by the seller to receive the purchase price from you as the seller’s agent.
9.2 In addition to the hammer price of the goods, you must pay the buyer’s premium specified in the invoice, which is the commission we charge all buyers at the rate of 24% of the hammer price of the lot you purchase, plus applicable VAT (at the rate prevailing on the date of the auction), at the same time.
9.3 If VAT is payable by you on the hammer price of a lot, that is indicated in the Auction Catalogue and will be payable at the rate prevailing on the day of the auction. We do not give advice or information relating to VAT law and HMRC practice to any buyer.
9.4 In addition to the hammer price of the goods and the buyer’s premium, if you choose to bid online at auction and win the lot, you must pay to us the online bid commission at the rate of 3% of the hammer price of the lot you purchase plus applicable VAT (at the rate prevailing on the date of the auction) if you have elected not to pay Easy Live Auction’s applicable flat rate fee before bidding.
9.5 Payment must always be made to us in GB pounds sterling by direct bank transfer to the bank account specified in our invoice.
9.6 If you fail to make payment in full on time in accordance with these terms and the applicable Sale Conditions and don’t pay within 14 days of our reminding you that payment is due, we may (as agent for the seller as well as on our own behalf) in addition to any other remedies we or the seller may have:
(a) charge interest on the overdue sum at the rate of 4% per year over the Bank of England base rate, accruing daily, from the date payment first fell due to the date of payment (before or after judgement);
(b) take such enforcement action as we consider necessary or desirable for the recovery of the unpaid sum, which may include a claim against you for the purchase price (including buyer’s premium and any online bid commission and all applicable VAT), administration fees, storage charges and legal fees arising out of your breach or default (plus any applicable VAT);
(c) terminate the contract between you and the seller on the seller’s behalf and resell the goods (at auction or by private sale) at your expense, in which case you will also pay us the difference between the buyer’s premium and online bid commission (if any) on the hammer price you bid and that on the actual sale price;
(d) set off any amount you owe us or the seller against any amount we owe you at that time;
(e) refuse to admit you to any future auction arranged by us and/or refuse to accept any bid you might make at a future auction;
(f) after giving you 14 days notice of our intention to do so, exercise a lien over any of your property in our possession, applying the proceeds of sale to any amount you owe to us and/or the seller;
(g) provide your full details to the seller to enable the seller to bring a claim against you in the courts or to engage in alternative dispute resolution.
10. Property, risk and loss or destruction of goods after purchase
10.1 If you are a business, each lot will be at your risk from the fall of the hammer and the purchase price must be paid in full before property in the goods (ownership) passes to you. You must pay the purchase price (including buyer’s premium and any online bid commission and applicable VAT on both of them) before you can arrange to collect goods you have bought from Griffin Transport UK Ltd’s premises at 1 Sydney Road, Watford, WD18 7XX. If we do allow you to collect the goods before then, title to them will still not pass until we receive payment in full.
10.2 If you are a consumer, the goods are at our risk while they are in our possession until you collect them or your carrier does. We maintain insurance on all such pianos in our possession against fire and water damage only. The value of the goods for the purpose of insuring them shall be the hammer price. The purchase price must be paid in full before property in the goods (ownership) passes to you. You must pay the purchase price (including buyer’s premium and any online bid commission and applicable VAT on both of them) before you can arrange to collect goods you have bought from Griffin Transport UK Ltd’s premises at 1 Sydney Road, Watford, WD18 7XX. If we do allow you to collect the goods before then, title to them will still not pass until we receive payment in full.
10.3 We will inform you as soon as reasonably possible by phone and email of any loss or disappearance of, or destruction of, or incident of damage occurring to goods you have contracted to purchase before collection of them, whether such loss, disappearance, destruction or damage occurs before or after you have paid for them.
10.4 We are not responsible for your goods at any time after your delivery driver collects them from Griffin Transport UK Ltd’s premises at 1 Sydney Road, Watford, WD18 7XX.
11. Collecting goods won at auction
11.1 You are responsible for arranging (by contacting Griffin Transport UK Ltd to make arrangements if you are using a carrier other than Griffin Transport UK Ltd) the collection of the goods you win at auction from Griffin Transport UK Ltd’s premises at 1 Sydney Road, Watford, WD18 7XX by 16.00 (GMT) on the Thursday of the week of the auction (subject to clause 11.2), for packing and handling and for all costs and expenses related to such collection. You are responsible for ensuring that the carrier you use to collect your goods has appropriate insurance and you are responsible for our Losses arising from the actions of your carrier if we are not able to recover them directly from the carrier.
11.2 You may not collect goods you have contracted to buy at auction until you have paid the purchase price in full (and any interest and other sums due due to late payment) and title in them passes to you but you agree that you will arrange to collect them promptly after we acknowledge receipt of your payment.
11.3 We have a lien over any other goods belonging to you which are in our possession until such time as payment is made in full and if you re-sell or purport to re-sell the goods before we receive payment in full, you will hold the proceeds of sale on trust for us and for the seller.
11.4 If you do not collect the goods:
(a) in accordance with clause 11.1 (including in circumstances where we refuse to release them to you due to non-payment), you must pay transfer fees of £65 for each upright piano and £95 for each grand piano purchased and remaining uncollected.
(b) by 16.00 (GMT) on the Monday of the week following the auction, you must pay:
an additional storage charge of £25 per lot plus VAT per week while the goods remain in our possession at the Griffin Transport UK Ltd warehouse until they are removed or resold, and
a £95 plus VAT handling fee if we procure assistance from Griffin Transport UK Ltd, and
all the actual costs and expenses incurred in returning the goods to the seller if the contract between you and the seller is terminated, other than in circumstances where where we exercise our power to rescind your contract with the seller under clause 13.1 or 13.2 or 13.5 of these terms or under clause 13.3 where the seller is the subject of Sanctions.
11.5 If you do not collect the goods within 90 days of paying the purchase price, you authorise us to resell the goods by auction or private sale (at our discretion) without reserve and to hold the net proceeds of sale after deduction of our sales commission, fees and other charges on trust for you for one year, after which you forfeit the balance if you have not contacted us to arrange forward payment to you. Our Seller Auction Terms will apply as between you and us in respect of such sale except that there shall be no reserve and you may not withdraw the lot before auction.
11.6 If you are late in paying the purchase price (including buyer’s premium and online bid commission and applicable VAT) in accordance with clause 9, we reserve the right to charge you a storage fee of £25.00 per week from the date payment first became overdue to the date of payment for holding the goods in our possession at the Griffin Transport UK Ltd warehouse until they are removed or resold. This charge will apply whether or not your contract with the seller is terminated for your breach of contract, in which case the charges will apply from the date payment first became overdue until the date of such termination.
12. Cancellation by consumers if you change your mind
You do not have a right to change your mind in relation to this contract between you and us, even if you are a consumer. You also do not have a right to change your mind in relation to the contract between you and the seller (again, even if you are a consumer) because the sale takes place by public auction.
13. Our power to rescind your purchase in certain circumstances
Without obligation and notwithstanding any other clause of these terms (including clause 8.2), if:
within 90 days after your purchase of a lot at auction, we receive notice from you that in your view the goods are a forgery (meaning that the piano is not made by the maker shown on it or that the provenance relating to the piano is false, including the origin, age or prior ownership); and
within 7 days after such notification, you return the goods to us in the same condition as at the time of purchase and, by producing evidence (the burden of proof being on you), satisfy us that, considered in light of the entry in the Auction Catalogue, the goods are a forgery; and
you are able to transfer a good and marketable title to the goods free from any third party claims,
then the sale and purchase of the lot will be cancelled (rescinded) and the purchase price refunded to you by the seller. You agree to be bound by our decision. In deciding whether or not the goods are a forgery, we shall be entitled to seek the views of any expert or other authority. You expressly agree that we may retain the goods beyond the payment date for them to investigate any question raised by you. We will not cancel any sale where the Auction Catalogue description indicates that there is a discrepancy in the maker of the goods or their provenance or where the problem identified makes no material difference to the value of the goods had they been correctly described in the Auction Catalogue before the auction. If we give you notice that we are electing to rescind the sale, you will promptly return the goods to the seller by allowing the seller to collect them from you at its own expense. We will have no additional liability to you in relation to such rescinded sale.
Without obligation and notwithstanding any clause of these terms (including clause 8.2), if we reasonably believe there is a material breach of the seller’s representations and warranties to you or an adverse claim is made by a third party, the contract for sale shall be cancelled (rescinded) with immediate effect by written notice by us to you and the seller and the purchase price refunded to you by the seller. If we give you notice that we are electing to rescind the sale, you will promptly return the goods to the seller by allowing the seller to collect them from you at its own expense. We will have no additional liability to you in relation to such rescinded sale.
If at any time during the contract between you and us or during the contract between you and the seller for the sale of goods, you or the seller become a Sanctions Target, are subject to Sanctions Proceedings or contravene Sanctions or anything occurs that could reasonably be expected to result in any of these things happening, we may in our absolute discretion and without affecting any other right or remedy available to us:
terminate the contract between you and us with immediate effect by written notice to you; and/or
cancel (rescind) the contract for sale between you and the seller, with immediate effect by written notice to you and to the seller.
We will have no additional liability to you in relation to such rescinded sale.
If recission pursuant to clause 13.3 takes places after you have taken possession of the goods, you shall return them:
by making them available for collection by the seller within 14 days of the notice of recission at the expense of the seller if recission is as result of the seller becoming a Sanctions Target, being subject to Sanctions Proceedings or contravening Sanctions or anything else occurring that could reasonably be expected to result in any of these things happening; or
by returning them to the seller at your own expense within 14 days of the notice of rescission where the sale is rescinded as result of you becoming a Sanctions Target, being subject to Sanctions Proceedings or contravening Sanctions or anything else occurring that could reasonably be expected to result in any of these things happening.
Without obligation and notwithstanding any clause of these terms (including clause 8.2), if we become aware of a breach by the Seller of clause 24 of the Seller Auction Terms (Responsibility for import, export and endangered specimens), we may in our absolute discretion notwithstanding any other clause of these terms (including clause 8.2):
terminate the contract between you and us with immediate effect by written notice to you; and/or
cancel (rescind) the contract for sale between you and the seller, with immediate effect by written notice to you and to the seller.
If we give you notice that we are electing to rescind the sale, you will promptly return the goods to the seller by allowing the seller to collect them from you at its own expense. We will have no additional liability to you in relation to such rescinded sale.
14. Termination or rescission of your contract with the seller
If your contract with the seller terminates before you make payment or is rescinded (cancelled) for any reason at any time:
14.1 other than a cancellation pursuant to clause 13.1 or 13.2 or 13.5 (or 13.3 where the seller is the subject of Sanctions only and not where you are), we will not return the buyer’s premium or online bid commission (and VAT on them) to you and if termination or cancellation occurs before you pay the buyer’s premium and online bid commission, you must still pay them to us; and
14.2 the lot you won at auction can be resold by auction or private sale at the option of us and the seller without any liability to you; and
14.3 we are not responsible for returning any payment you have made to you after we have paid it onwards to the seller and your claim for any such sum due to you is against the seller and not against us.
15. Our responsibility for loss or damage suffered by you
Whether you’re a consumer or a business:
15.1 We don’t exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation by us or by our employees, agents or subcontractors.
15.2 Sellers are not our employees, agents or subcontractors and we have no responsibility for their actions.
15.3 Your carrier who collects goods you buy at our auction is not our employee, agent or subcontractor and we have no responsibility for its actions, even if we have recommended the carrier to you.
We only accept responsibility for failures in the service we provide, namely that of an auctioneer acting as agent for sellers who list lots with us at auction. We do not accept responsibility for any breach of contract by sellers, including:
any failures in the goods which you buy from any seller; or
any inaccuracies in the provenance and other information relating to goods set out in the Auction Catalogue to the extent that such information comes from the seller of the lot in question. We are not responsible for the factual content of product listings in the Auction Catalogue, which are the sole responsibility of the seller who provides us with information relating to their goods. If you become aware of any misstatement or misrepresentation in a listing or if you consider it breaches the relevant terms that apply to it, please contact us at info@pianoauctions.co.uk. We can take steps to remove an item from our next auction if the seller in question is not able to give a good account of the problem you have reported to us but we are not obliged to do so.
Your rights in the circumstances specified above are rights against the seller who sold the goods through us at auction. Any rights arising as a result of the supply of any goods to you from a seller following your winning bid at auction will be those set out in the Sale Conditions and are rights against the seller and not against us
15.5 Clause 15.4 does not operate to exclude liability for any obligation on our part to use reasonable care and skill in describing in the Auction Catalogue the condition of goods that are in our possession as they appear to us on a basic surface inspection but you expressly agree and confirm that we have not carried out a detailed inspection of any goods listed in the Auction Catalogue and bear no responsibility for the presence of any defects in the goods (latent or otherwise) which are not apparent on a basic superficial inspection (obvious defects in surface appearance and defects such as missing keys or strings being apparent on a superficial inspection). It is your responsibility to inspect the goods for yourself before the auction.
15.6 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our use of the website easyliveAuction.com as a platform for accepting bids online, including the unavailability of such website during the scheduled auction.
15.7 We do not charge for administering in person, telephone and absentee bids. We will use reasonable care in doing so but only accept liability for failure to execute such bids when such failure is due to our fraud or wilful misconduct.
15.8 We do not accept any liability relating to the exercise of the auctioneer’s discretion in accordance with the General Auction Rules except in the case of fraud or wilful misconduct.
If you are a business:
15.7 We exclude all implied conditions, warranties, representations or other terms that may apply to our services.
15.8 Except as expressly set out in clause 15.1 above, the limit of our liability to you will be the greater of:
8% of the hammer price of the lot to which your claim relates; and
£10,000.
15.9 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
wasted expenditure;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer:
15.10 Please note that we only provide our auction services for your domestic and private use. You agree not to use our services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.11 Notwithstanding the provisions of this clause 15, nothing in these terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
General release
15.12 We act merely as auctioneers, acting as agents for sellers. We do not vet sellers before allowing them to list goods with us for auction and, as such, we are not responsible for any default by a seller. Therefore, except to the extent specified in clause 15.5 we have no control whatsoever over the quality, legality or safety of any lot or of any other characteristics upon which a customer may rely, the accuracy of any of the listings in the Auction Catalogue or the capacity of any seller to transact. We give no warranties to auction participants about the quality, provenance, legality or safety of any listed lots. You bid and enter into any transaction with a seller at your own risk.
General waiver of liability and indemnity from you
15.13 In recognition of the above general release at clause 15.12 and the pre-auction recommendations set out in clause 7:
you waive any claim you may have against us that is in any way connected with a dispute you have with a seller or any other user of our auction services.
you agree to indemnify us for any Losses or liability we suffer as a result of any claim against us by a seller or other user of our auction services or third party as a result of your dispute or in relation to your dealings with such seller or other user or third party.
you release us from any claims related to products and services sold by sellers at our auctions, even where the claim relates to defective items, misrepresentation by the seller or for goods that cause injury or other harm to people or property (including product liability claims) except to the extent that a defect is easily apparent on superficial inspection and we have failed to indicate it in the Auction Catalogue before the auction in accordance with clause 15.5.
This waiver and indemnity will not apply in the event of any fraud or wilful misconduct by us.
16. Returning goods to the seller
Under no circumstances will we accept the return of any goods directly to us unless we have expressly agreed to accept them and store them on the seller’s behalf in writing. Due to the absence of any contractual responsibility to you under the contract for sale, we are both unsuitable and unwilling to accept any goods that any buyer wishes to return to their seller. Any item to be returned must be returned to the seller and NOT to us.
17. Responsibility for import and export
17.1 Neither we nor the seller is responsible for advising you before or after the auction on import and export restrictions and regulations relating to any item bought at auction, including documentation required and taxes, duties and fees payable. It is your responsibility to ensure that you are properly able to import the goods you buy into your own country before you place your bid and to pay all taxes, duties and fees of any kind relating to the export of the item from the UK and its import into your country.
17.2 You will not be able to cancel your contract to buy goods or delay payment in accordance with the contract or delay collection of the goods because you discover that you are unable to export or import the goods due to the absence of a necessary licence or permit or a delay in obtaining the same.
17.3 If we become aware that you are a named individual subject to UK sanctions or from a country which is the subject of UK sanctions, we may rescind the sale to you on behalf of the seller, whether or not you have paid for them at that point (see clause 13.3).
17.4 If the goods include a specimen of any species listed in the Convention on International Trade in Endangered Species of Species of Wild Flora and Fauna (CITES) (listed in Annex A, B or C in Species+ (https://speciesplus.net/)) and you are exporting the goods out of the UK, you are responsible for obtaining a CITES permit to export the endangered species from the UK Animal and Plant Health Agency (APHA).
17.5 If you are importing the goods to another country from the UK and there is any requirement (including under CITES) to obtain an exemption or certificate in relation to such import due to the goods including a specimen of an endangered or protected species under the law of the country of to which you are importing, you are responsible for obtaining such exemption or certificate.
18. Which country’s laws apply to any disputes?
18.1 If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law, which means that the laws of England apply, but as a consumer you also enjoy the protection of mandatory consumer protection provisions of the law in the country in which you live. Any disputes are subject to the non-exclusive jurisdiction of the English Courts. Wherever you live, you can bring claims against us in the English courts. If you live outside England, you can bring a claim against us in the country in which you live.
18.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.
19. Disputes
19.1 In the event of a dispute between you and a seller, we recommend that you contact the seller and try to resolve your dispute amicably. If you are unable to resolve your dispute with the seller, we may (if we choose to, in our sole discretion) agree to help you to try to resolve your dispute with the seller in good faith. Unless you, we and the seller (in their contract with us) all agree that we may resolve the dispute between you and the seller by making a decision on the dispute and settlement which will be binding on both you and the seller, then (because we are not a party to the contract between you and the seller), we can’t make any binding offers or agreements on your behalf or on behalf of the seller but we may be able to help to resolve the issue between you and the seller. Please ask the seller whether they have agreed with us that they want us to decide disputes between them and you or whether we are only authorised to provide non-binding assistance to resolve the issue. The final decision as to our involvement in the dispute resolution process will be yours. The seller cannot force you to accept that our decision is binding on you and on the seller. You acknowledge that we are not a formal mediation service. We’re under no obligation to intervene in disputes between users of our auction services and you release us from any claims, demands and damages arising out of a dispute with the seller and any other user of our services or third party.
19.2 If you are or the seller is outside the UK, it may be that local law says that the application of English law in the Sale Conditions is not valid and that some other rule applies. We do not have expertise in laws other than English law and it is for you and the seller to establish whether your local laws have an impact on the application of the Sale Conditions to your purchase.
19.3 The General Auction Rules include rules for dealing with disputes arising at and in connection with the auction itself and its conduct and mechanics and those rules apply as if set out in these terms.
19.4 All sales by sellers to buyers at auction are contracts between the seller and the buyer only. Please see the general release (clause 15.12), waiver and indemnity (clause 15.13) and returning goods to the seller (clause 16).
20. Events beyond our reasonable control
We will not be in breach of our contract with you or otherwise liable for any failure or delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including (without limitation) strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. Circumstances beyond our reasonable control expressly include the unavailability of easyliveAuction.com for any reason during the auction, which may affect your ability to bid during the auction.
21. Invalidity
If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.
22. Subcontracting and assignment
22.1 We may transfer our rights and obligations under these terms to another organisation. If you are a consumer we will ensure that the transfer will not affect your rights under the contract between you and us.
22.2 We may subcontract or delegate any of our obligations under this contract to any party we choose without getting your permission first. We use Easy Live Auction to provide integrated live bidding services at our auctions but we may change our supplier of bidding services at any time and don’t need your permission to do so.
22.3 If you are a business, you may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under these terms.
22.4 If you are a consumer, you need to get our consent before you can transfer any of your rights and obligations under the contract but we won’t unreasonably withhold our consent.
23. Entire Agreement
If you are a business, these terms, together with any other document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous rules, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
24. How we may use your personal information
Please review our Privacy Policy (as well as clause 6.2 of these terms) carefully before deciding whether to participate in and bid on an auction arranged by us. Please note that there are some circumstances where we will share personal information with relevant authorities and if you buy a lot, we will share your personal information with the seller upon the request of the seller.
25. Set Off
We may set any sum due from you against any sum which we receive on your behalf at any time.
26. Third Party Rights
26.1 The contract between you and us does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
26.2 The rights of the parties to rescind or vary this contract are not subject to the consent of any other person.
27. Waiver
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to do, but that does not mean we cannot do it later.
Glossary
Auction Catalogue: our electronic and hard copy catalogue of all lots included in one of our auctions, including information about each lot, including our then current Auction Catalogue which includes all the lots included in the next coming UK auction to be held by us.
Bidder: someone who places a bid on a lot at an auction run by us.
Buyer: someone who places the winning bid on a particular lot at auction and thereby enters into a contract to buy the lot from a seller.
Buyer’s premium: commission on the hammer price at the rate of 24% payable by the buyer to us in addition to the hammer price in relation to an individual lot, plus applicable VAT.
Hammer price: the highest bid for the goods in a single lot which we accept as auctioneer.
Losses: all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and professional costs and expenses.
Lot: an individual object or group of objects offered for sale at auction as a single unit.
Online bid commission: commission on the hammer price at the rate of 3% payable by you to us in addition to the buyer’s premium and the hammer price in some circumstances where you bid online, plus applicable VAT.
Purchase price: the total amount to be paid by you in respect of a lot, namely the hammer price, the applicable buyer’s premium and any applicable online bid commission plus all applicable VAT.
Sanctions: any laws or regulations relating to economic or financial, trade, immigration, aircraft, shipping or other sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a Sanctions Authority.
Sanctions Authority: the UK and the United Nations (UN) and in each case their respective governmental, judicial or regulatory institutions, agencies, departments and authorities responsible for the implementation and enforcement of sanctions, including (without limitation) the UN Security Council, HM Treasury and the UK’s Office of Financial Sanctions Implementation, the Department of Business and Trade and the Export Control Joint Unit.
Sanctions List: any of the lists issued or maintained by a Sanctions Authority designating or identifying persons that are subject to Sanctions, in each case as amended, supplemented or substituted from time to time including (without limitation) the UK Sanctions List, Consolidated List of Financial Sanctions Targets in the UK and the Consolidated United Nations Security Council Sanctions List.
Sanctions Proceedings any actual or threated:
litigation, arbitration, settlement or other proceedings (including alternative dispute resolution, criminal and administrative proceedings); or
investigation, inquiry, enforcement action (including the imposition of fines or penalties) by any governmental, administrative, regulatory or similar body or authority,
in each case relating to or in connection with, any actual or alleged contravention of Sanctions.
Sanctions Target: a person that is:
listed on a Sanctions List;
owned or controlled by a person listed on a Sanctions List;
resident, domiciled or located in or incorporated or organised under the laws of a country or territory that is subject to any Sanctions; or
otherwise identified by a Sanctions Authority as being subject to Sanctions.
Required additional information for persons who are consumers only
The services we provide are those of an auctioneer acting as agent for the seller. Our service is a public auction as defined at law because we allow buyers to attend the auction in person on the day of the auction and to visit to view any lots which remain unsold during the aftersale period.
Our contact details are 18 Grove Place, Bedford, England, MK40 3JJ, info@pianoauctions.co.uk, (01234) 831742.
The way in which we calculate the amount to be paid by you to us can be found in clause 9 of these terms and in the Glossary to these terms. If VAT is payable on the hammer price, the Auction Catalogue will say so and the applicable VAT rate will be the rate in place on the day of the auction. In calculating the buyer’s premium and online bid commission, VAT will be payable in addition to the basic commission. By way of example (applying a VAT rate of 20% – please check the rate of VAT on the day of the auction to check the applicable rate to you):
On a hammer price of £5,000, the buyer’s premium at 24% would be £1,200 plus VAT of £240 so the total buyer’s premium including VAT would be £1,440
On a hammer price of £10,000, the buyer’s premium at 24% would be £2,400 plus VAT of £480 so the total buyer’s premium including VAT would be £2,880
On a hammer price of £5,000, the online bid commission at 3% would be £150 plus VAT of £30 so the total online bid commission would be £180
On a hammer price of £10,000, the online bid commission at 3% would be £300 plus VAT of £60 so the total online bid commission would be £360
We will perform the auction services by holding auctions on the dates specified on our website from time to time and in our then current Auction Catalogue.
Our complaints handling policy can be found on our website.
You do not have a statutory right to cancel the contract between you and us.
The contract between you and us will begin when you register for the auction and will continue until the end of the auction unless you win a lot at auction in which case it will continue until you have paid the purchase price (and all other sums due under the contract) for all lots you have won at the auction in full and collected all such goods from the Griffin Transport UK Ltd warehouse at 1 Sydney Road, Watford, WD18 7XX.
