AUCTIONEERS’ TERMS AND CONDITIONS

GENERAL:

1. The Auctioneers’ terms and conditions are displayed at the Auction rooms and are in print on the Entry Form. Vendors and purchasers are therefore deemed to be aware of the terms of sale.

2. The Auctioneers reserve the right to catalogue and lot goods as they see fit. No commitment can be given as to when such goods will be offered for sale.

3. The Auctioneers give no guarantee as to the quality of the goods sold.

4. All persons attending a Sale under the conduct of the Auctioneers - whether at their Sale Rooms or elsewhere - shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principles in respect of the cancellation/postponement of a Sale or any loss, accident or injury, however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Company.

5. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained; such estimate of cost to be assessed by the Auctioneers whose decision shall be final.

6. At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Purchaser and any dispute shall be settled by the Auctioneers, whose decision shall be absolute and final. No lots shall be transferred.

7. The Auctioneers may divide, combine, add or withdraw lots and make any catalogue alterations without notice. They shall regulate the advance of bidding, accept or reject any bid at their discretion and without consultation and bid on behalf of the Vendor, where there is a reserve price or at their discretion.

8. The Auctioneers shall not be responsible for default on the part of Vendors or Purchasers. Any resultant deficiency, together with interest, cost and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. The Auctioneer, in appropriate circumstances, will enforce a Sale Contract at the fall of the hammer unless there are reasonable circumstances which would seem to indicate otherwise.

9. Any claim under any Statute must be received in writing within 10 days of the Sale.

PURCHASERS:

10. Catalogue descriptions shall be taken as a matter of opinion only. The Auctioneers accept no responsibility for faults or imperfections of any lot described in the catalogue or given verbally by a member of staff. Intending purchasers must satisfy themselves by inspection or otherwise as to the description, condition, quality and originality of any lot prior to bidding.

11. At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Purchaser, including those of fire, burglary, etc, and damage occasioned to lots by the removal of other goods.

12. The Auctioneers are prepared to accept commission bids on behalf of intending Purchasers unable to attend at the time of the Sale, providing requests are made in writing and up to half an hour before the commencement of a Sale and given to the Auctioneer or the Auction Rooms Manager. This complimentary service is made at the purchaser’s own risk and the Auctioneer cannot accept liability for failure to receive and/or place any such bids. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids given to Auction Room Porters or any other member of the Auctioneers’ staff.

13. A Buyer’s premium of 13% plus VAT is chargeable on the hammer price.

14. If an asterisk (*) precedes any lot number, VAT will also be payable on the hammer price.

15. Payment for goods purchased at the Auction should be made on the day of the Sale or no later than the Saturday morning following.

16. Bourne End Auction Rooms accept DEBIT CARDS and most CREDIT CARDS with the exception of American Express. A 2% levy will be charged on credit card transactions.

17. No goods purchased at the Sale may be removed without payment first being made except with the express permission of the Auctioneers.

18. Purchasers are requested to collect all items bought by the Saturday morning following the Sale. Items not collected by 12:00 noon on the said Saturday will be subject to a storage charge of £3 per day. Should the items still remain after 14 days, the Auctioneers reserve the right to re-offer them in the next available Sale to recover costs.

VENDORS:

19. It is a condition of the Auction that the Vendor indemnify the Auctioneers against all and any claims made in connection with the goods sold.

20. Vendors’ goods held at the Auction Rooms are insured at the rate of £1.50 premium per £100 value. There is a lotting fee of £3.50 per lot.

21. Reserves should be agreed mutually between the Vendor and the Auctioneers but all lots valued below £20 must be offered without reserve.

22. Should a reserve figure not be agreed mutually between Vendor and the Auctioneer and the lot remains unsold, the Auctioneers reserve the right to levy a charge of 5% of the Auctioneer’s estimated value.

23. A withdrawal fee of 5% of the reserve price (or lower estimate) will be made if a lot is entered and then withdrawn by the Vendor prior to the Sale.

24. Vendor’s commission is charged at 13% plus VAT on the hammer price.

25. Payment to Vendors will be made within 14 days of the Sale.

26. Vendors are requested to remove any unsold lots by the Saturday morning following the Sale. There is a storage charge of £3 per day after this period.

27. If unsold lots valued above £20 remain uncollected after 14 days the Auctioneers retain the right to offer such lots for sale without reserve.

28. Should a Vendor fail to remove unsold lots with an estimated value of £20 or less by noon on the Saturday following the Sale, the Auctioneers reserve the right to dispose of such items.

29. Where a lot remains unsold and is requested to be placed in a later sale, the Auctioneers retain the right to reduce the original reserve by 25%. The £3.50p lotting fee applies each time a lot is entered into a Sale.

30. Auctioneer’s discretion may be used to sell a lot at up to 10% below the reserve price, unless a fixed reserve is specified at the time of entry.