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Terms & Conditions of Sale

» In these conditions Berkshire Auction Rooms act only as auctioneers and agents for the seller and the representative of Berkshire Auction Rooms conducting the auction is called the ‘Auctioneer’
» General. Whilst Berkshire Auction Rooms make every effort to ensure the accuracy of their catalogues and the description of any lot
» Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the seller with all faults, imperfections and errors of description.
» Berkshire Auction Rooms do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of a lot unless they have been instructed in writing by the seller to so certify, and in such cases the Auctioneers do so as agents of the seller and are not themselves responsible for such claims.
» All statements, whether printed in the catalogue, online or made orally as to any of the matters set out in the above are statements of opinion only and are not to be taken as being, or implying any warranties or representations of fact by Berkshire Auction Rooms unless they have been instructed in writing by the seller so to certify.
» Any claim under such statute must be received in writing by the auctioneers within 72 hours after collection or delivery.

The Auction
» The Auctioneers have absolute discretion to divide any lot, to combine 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 seller for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
» The highest bidder shall be the buyer except in the case of a dispute. The Auctioneer may at his sole discretion determine the advance of the bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or re offer the lot.
» All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
» Rescission. Notwithstanding any other terms of these Conditions, if within 72 hours after collection or delivery Berkshire Auction Rooms have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the buyer returns the same Berkshire Auction Rooms in the same condition as at the time of sale and by producing evidence, the burden of proof to be on the buyer, satisfies Berkshire Auction Rooms that considered in the light of the entry in the catalogue is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The seller and the buyer agree to be bound by Berkshire Auction Rooms’ decision. In the event of a dispute then the matter shall be settled by arbitration. Both the buyer and the seller agree to be bound by the decision.
» Default. Berkshire Auction Rooms disclaim responsibility for default by either the buyer or the seller because they act as agents for the seller only and therefore do not pay out to the seller until payment is received from the buyer after 21 days. Instructions received by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
» In the event of a sale by private treaty as with sale by auction both the seller and the buyer agree to be bound by the General and any Special Conditions of Sale.
» Third Party Liability. Every person on Berkshire Auction Rooms’ premises or premises at which they have a sale at any time shall be deemed to be there at his/her own risk. He/she shall have no claim against Berkshire Auction Rooms in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Berkshire Auction Rooms’ employees.

Insurance
» All goods on Berkshire Auction Rooms’ premises and in their custody will be held insured against the risk of fire, burglary and water damage for which insurance Berkshire Auction Rooms shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner’s instructions. Berkshire Auction Rooms shall not be responsible for accidental breakage, loss or damage unless directly caused by negligence of their employees.
» In respect of any article delivered to Berkshire Auction Rooms if the seller has in force a policy or policies of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the seller shall notify his insurers of, and shall himself note Berkshire Auction Rooms interest as bailee’s in such policy or policies
» Berkshire Auction Rooms reserve the right to settle any legitimate claim by their own methods, not necessarily through their insurers.
» Accidental damage and breakages by persons attending viewing or sale day must be paid for by that person. If they refuse then the auctioneer may forward their address to the seller to effect recovery.

Buyers Conditions
» Inspection. Opportunity is given for inspection and each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored. All statements contained within our catalogue in respect of any lot are made without responsibility on part of the Vendor(s) or on part of the Auctioneer.
» All statements contained as to the authenticity, geniuses, origin, authorship, date, age, period, condition or quality of any lot (of part thereof) are statements of opinion and are not taken as, or implying, statements or representations of fact.
» Intending purchasers must satisfy themselves by inspection by themselves as to all such matters and as to the physical description of any lot, any bids including commission bids are accepted on the understanding and assumption that the purchaser has inspected the lots and is fully satisfied with it.
» Neither the Vendor of any lot not the Auctioneers make or give (nor has any person in employ of the Auctioneers) make any authority to make or give any representation or warranty in relation to any lot.
» Property and Risk and Registration. The legal title in a lot shall not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall have given his full names and permanent address and be called upon by the Auctioneer forthwith to pay Berkshire Auction Rooms the purchase price. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
» Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Berkshire Auction Rooms that he acts as agent on behalf of a named principal.
Removal of Goods
» No purchase shall be claimed or removed until the sale has been concluded, unless permission is given. All lots shall be paid for and removed at the buyer’s risk and expense by the end of the sale day, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a warehousing charge. If they are not paid for and removed within 14 days of the sale the Auctioneer may re-sell or rescind them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
» In the event of any failure of the buyer to comply with any of these conditions the damages recoverable by the seller or the Auctioneers from the defaulters shall include any loss arising on the resale of the lots together with the charges and expenses in respect of both sales and together with interest at 2% above The Bank Base Rate upon the price of any lot which has not been paid for, and any money deposited in part payment shall be held by the Auctioneers on account of the liability of the defaulters to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash, credit/debit card or by the bidder’s own cheque. Cheques drawn by third parties, whether in the Auctioneer’s favour or requiring endorsement cannot be accepted.
NO GOODS WILL BE REMOVED UNTIL CHEQUES HAVE BEEN CLEARED.
» Purchase Price. The buyer shall pay the hammer price together with a premium of 15% (as stated at time of sale) of the hammer price. The premium attracts VAT at the standard rate and is payable by all buyers.
THIS IS SUBJECT TO CHANGE WITHOUT NOTICE.
» Commission bids left with Berkshire Auction Rooms will then execute bids on behalf of all intending buyers unable to attend the sale at no charge. Berkshire Auction Rooms undertake to purchase lots as cheaply as allowed by other bids and reserves. Bids must be submitted in writing and whilst every care is taken in carrying out instructions Berkshire Auction Rooms cannot be held responsible for errors and omissions made in carrying out such bids. Commission bids will not be accepted by persons who have not inspected lots or satisfied themselves with condition and description and are subject to all conditions.

Online Bidding
» Berkshire Auction Rooms offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
» In completing the bidder registration on the-salerooom.com and providing your credit card details and unless alternative arrangements are agreed with Berkshire Auction Rooms Ltd
» Bidding online is a binding contract; please ensure you are satisfied with the lot before bidding as no cancellations are accepted after the auction
» Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price
» We do not take any payment from the-saleroom.com please contact the saleroom directly on 01189714666