TERMS & CONDITIONS

THIRD PARTY LIABILITY
Every person on Frank Marshall & Co premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against Frank Marshall & Co in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Frank Marshall & Co employees.

STANDARD CONDITIONS OF SALE

1. DEFINITIONS

In these conditions Frank Marshall & Co, who act only as auctioneers and agents for the vendor, are called 'the Auctioneers', and the representative of Frank Marshall & Co conducting the auction is called 'the Auctioneer'.

2. GENERAL

Whilst Frank Marshall & Co make every effort to ensure the accuracy of their catalogue and the description of any lot:

1. Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
2. Frank Marshall & Co 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 vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
3. All statements, whether printed in the catalogue or made orally, as to any of the matters set our in (2) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Frank Marshall & Co, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
4. Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of the sale.

3. THE AUCTION

1. 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 Auctioneers discretion.
2. The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
3. Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is a reserve price (but not otherwise) the Auctioneer may bid on behalf of the vendor.
4. 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.

4. RESCISSION

Notwithstanding any other terms of these Conditions, if within fourteen days after the sale Frank Marshall & Co have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the sale to Frank Marshall & Co in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Frank Marshall & Co that considered in the light of 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. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the buyer and the vendor agree to be bound by the decision.

5. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.

BUYERS CONDITIONS

6. INSPECTION

Each buyer on making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as 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.


7. PROPERTY AND RISK

Legal title will 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 (as defined in 20 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Frank Marshall & Co such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer's discretion be put up again and re-sold.

8. PRINCIPAL

Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Frank Marshall & Co that he acts as agent on behalf of a named principal.

9. REMOVAL OF GOODS

1. No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases 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 shall remain at the risk of the buyer and subject to a minimum warehousing charge of £5.00 per lot per day plus VAT. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell 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 sold.

2. In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder's own cheque. Cheques drawn by third parties, whether in the Auctioneer's favour or requiring endorsement, cannot be accepted.

10. PURCHASE PRICE

The purchaser of any lot shall pay the hammer price plus a premium (together with VAT on the premium for all lots and on the hammer price if applicable to that lot). The premium shall be calculated at 20% inclusive of VAT on the hammer price of each lot. The premium at the appropriate rate is payable by all purchasers. The vendor authorises the Auctioneer to deduct commission and expenses at the agreed rates from the hammer price and the purchaser and the vendor acknowledge Frank Marshall & Co right to retain the premium payable by the purchaser.

10A. ONLINE BIDDING

Frank Marshall & Co offers an online bidding service via the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Frank Marshall & Co you:

a. authorise Frank Marshall & Co, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
b. confirm that you are authorised to provide these credit card details to Frank Marshall & Co through www.the-saleroom.com and agree that Frank Marshall & Co are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
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

11. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with, these and any other printed or announced conditions of sale, he will also be deemed to be in full knowledge of, and agreement with, such other conditions of sale as are on display during normal office hours in the offices of the Auctioneers.

12. RIGHT OF ADMISSION

The right is reserved to refuse admission to the saleroom premises and any used by Frank Marshall & Co without giving a reason.

13. Any person bringing onto any premises used by Frank Marshall & Co any hazardous substances must provide the relevant information for use by the Auctioneers, members of the public and prospective purchasers. Vendors of all goods are reminded of their duty to comply with relevant Health & Safety Acts. Purchasers are reminded that any second hand goods purchased through an auction sale should be thoroughly checked by a competent person before use.

14. STARRED ITEMS

In order to comply with section 47 on the VAT Act 1994, all qualified second hand goods will have VAT at the prevailing rate added to the purchase price, unless the correct declarations are completed and signed by the vendor, and full name and address provided by the purchaser.

15. RICS MEMBERS ACCOUNTS REGULATIONS 1993

This auction is not required to comply with requirements of the Members Accounts Regulations of the Royal Institution of Chartered Surveyors. No monies paid to this saleroom are covered by any scheme for the protection of clients money operated by the Royal Institution of Chartered Surveyors. This notice is published in accordance with the requirements of the Royal Institution of Chartered Surveyors from whom a more detailed explanation can be obtained by writing to The Standards & Practice Department, The Royal Institution of Chartered Surveyors, 12 Great George Street, Parliament Square, London SW1P 3AD.

AUCTIONEERS NOTICE

IMPORTANT

At all times prior to the fall of the hammer chattels remain the responsibility of the vendor and thereafter the responsibility of the purchaser at no time other than when due care is expected of an agent do auctioneers accept responsibility.
The insurance of chattels is always the duty of the owner.

16. RIGHTS TO PHOTOGRAPHS AND

ILLUSTRATIONS

The buyer gives Frank Marshall & Co full and absolute right to use such photographs and illustrations of lots sold at auction at any time at its absolute discretion (whether or not in connection with the auction).

IMPORTANT NOTICES

FULL CONDITIONS OF BUSINESS

Full conditions are displayed in all our auction rooms and can be obtained from Frank Marshall & Co, Marshall House, Church Hill, Knutsford, Cheshire, WA16 6DH.

ESTIMATES

The estimated selling price for each lot is available upon request. The estimates are prepared well in advance of the sale and are not definitive, and are subject to revision.

STORAGE CHARGES

Buyers are reminded that storage charge of £5.00 plus VAT per lot per day will be levied on all lots that are not collected in accordance with the Conditions of Sale.

BIDS

We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Office at least half an hour before the sale commences, and should be entered on the form provided. Bids left by telephone will be accepted only on the condition that they are the sender's risk, and must in any case be confirmed in writing.

EXPORT LICENCE

A specific licence is required before export from the UK of items that cost £35,000 or more, and are at least 50 years old, and also for certain other categories. For further information please enquire in the Office.

VALUE ADDED TAX

The symbol * after any lot number indicates that VAT is payable by the purchaser in addition to the selling price.

PAYMENT

1. Frank Marshall & Co are able to accept cash payments (for exceptions please see money laundering regulations below).
2. Frank Marshall & Co are able to accept payment by cheque, goods will only be released once the cheque has been cleared on values over £1,000.00. Goods over this value may only be released on the approval of the saleroom partner or principal valuer.
3. Frank Marshall & Co are able to accept payment by Visa, Switch or Delta debit cards and by Mastercard or Visa credit cards in settlement of clients’ accounts. No charge will be made in respect of payments made by Visa, Switch or Delta debit cards. However a surcharge equal to 1.50% (inclusive of VAT at the appropriate rate) of the amount payable will be levied in respect of payments made by Mastercard or Visa credit cards. Frank Marshall & Co regrets that it is not able to accept payment by other credit or charge cards.

ELECTRICAL GOODS

It is essential that those lots in this sale which are originally operated by mains electricity be checked by the buyer prior to use. They may not comply with the statutory requirement and as such are offered for sale solely for display or historical research purposes: these lots are not suitable for connection to the mains electricity supply. Frank Marshall & Co cannot accept responsibility for any act of the buyer in contravention of the above.

CONDITION REPORTS

If you would like an opinion on the condition of any lot prior to purchasing, or if you are unable to attend the sale and would like a condition report on any lot in the sale, telephone our offices and they will endeavour to help you. Any condition report is subject to paragraphs 2.2 and 2.3 of these conditions of sale. Condition reports will not be given on the day of the sale.

TELEPHONE BIDS

Buyers wishing to bid by telephone during a sale should make their request at least one working day before the sale by telephoning us on 01565 653284. This service is only available for lots expected to realise at least £100.00