Terms & Conditions of Sale
- The buyer shall pay the hammer price together with a premium of 15% on the sum total
of all accounts. The purchaser will pay V.A.T. on the purchaser’s commission.
- All statements whether printed in catalogue, advertisement, or made orally,
are statements of opinion only and are not to be taken as being, or implying any
warranties, or representations of fact by the auctioneers.
- Ample opportunity is given for inspection and each purchaser by making a bid for
a lot acknowledges that he has satisfied himself fully with all the Sale Conditions
and the physical condition of any description of the lot, including that the lot
may be damaged or repaired. The abbreviation of ‘a/f’ in the catalogue denotes the
lot is damaged to some extent, but this does not imply that lots not marked are
faultless.
- The Auctioneers do not accept responsibility for the authenticity, attribution,
genuineness, origin, authorship, date, age, period, condition or quality of any
lot unless they have been instructed in writing by the buyer to so certify.
- The Auctioneer has absolute discretion to divide any lot, to combine any two or
more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate
bidding or cancel the sale without in any case giving any reason or without previous
notice. He may bid on behalf of the vendor for all goods, which are being offered
subject to reserve or at the Auctioneer’s discretion.
- The highest bidder shall be the purchaser and if any dispute arises as to the last
and best bid, the lot or lots shall be put up again at the last best undisputed
bid. All disputes to be settled by the Auctioneer.
- No bid shall be retracted after is has been accepted by the Auctioneer.
- All lots are put up for sale subject to any reserve price imposed by the seller
or to the right of the seller to bid either personally or by any one person who
may be the Auctioneer.
- It is intended to follow the catalogue as numbered but should the necessity arise
for any reason whatsoever, the Auctioneer reserves the right to vary the order,
group items together or split lots.
- Notwithstanding any other terms of these Conditions, if within 7 days after the
sale the Auctioneer receives written notification the buyer of any lot that appears
to be a forgery, and within 14 days after such notification the buyer returns same
to the Auctioneers, in the same condition as at the time of the sale by producing
evidence (the burden of proof to be upon the buyer), satisfies the auctioneer that
in the light of the entry in the catalogue the lot is a deliberate forgery, then
the sale of the lot will be rescinded and the purchase price of the same refunded.
The Vendor agrees to be bound by the Auctioneers decision.
- The Auctioneer disclaims responsibility for default by either the buyer or the vendor
because they act as Auctioneers only and therefore do not pay out to the vendor
until payment is received from the buyer. Instructions given by telephone are accepted
at the sender’s risk and must be confirmed in writing forthwith.
- Third Party Liability. Every person on the Auctioneer’s premises at any time shall
be deemed to be there at his own risk. He shall have no claim again the Auctioneers
in respect of any accident, which may occur, or injury, damage or loss howsoever
caused.
- To avoid errors, limited removal of items during the latter part of the sale may
occur when convenient to the staff, and on production of a receipted Account. All
lots shall be paid for and removed at the buyer’s risk and expense by the end of
the second working day after the sale, failing which the Auctioneer shall not be
responsible if the same are lost, stolen, damaged or destroyed and all lots not
so removed are liable to a storage charge of £1 per lot per day. If at the expiration
of seven days after the conclusion of the Sale, lots are not paid for or collected,
they may then be sold immediately, either publicly or by private treaty, without
any notice being given to the buyer.
- The property in a lot shall not pass to the buyer until he has paid the purchase
price in full, but each lot is at the sole risk of the purchaser from the fall of
the hammer. Each purchaser shall forthwith give his full names and permanent address
and if called upon to do so by the Auctioneer shall forthwith pay such proportion
of the purchase price as the Auctioneer may require. If the purchaser fails to do
so, the lot may at the Auctioneer’s sole discretion by put up again and resold.
- If any buyer fails to comply with any of the above conditions the damages recoverable
from the defaulter shall include all loss arising from any re-sale of the lot, together
with the charges and expenses in respect of both sales, and any money deposited
in part payment shall be held by the Auctioneer against the defaulter’s liability
and may be appropriated in settlement of that liability.
- All accounts more that 2 weeks overdue are liable to interest and recovery charges.
- Any damage caused either to items on view or being offered for sale in the Salerooms
is to be made good by the persons committing the same, principals being considered
responsible for the acts of their servants or any persons employed by them. The
Auctioneers to be the sole Arbiter on Value.