Books: Childrens, toys, games. 27 books. RRP £300.

CONDITIONS OF SALE AND TERMS OF BUSINESS
Haddenham Auctions Ltd (t/a Blyths and Haddenham Auctions) (“Blyths”) carries on business with bidders, buyers
and all those present in the auction room or participating in an auction via the internet or other medium prior to or in
connection with a sale on the following General Conditions and on such other terms, conditions and notices as may
be referred to herein.
1. Definitions: In these conditions:
(a) „Auctioneer? means the firm of Blyths or its authorised auctioneer, as appropriate (b) „Deliberate forgery? means
an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but
which is unequivocally described in the catalogue s being the work of a particular creator and which at the date of
the sale had a value materially less than it would have had if it had been in accordance with the description (c)
„Hammer price? means the level of bidding reached (at or above any reserve) when the auctioneer brings down the
hammer (d) „Terms of consignment? means the stipulated terms and rates of commission on which the Auctioneer
accepts instructions from sellers or their agents (e) „Total amount due? means the hammer price in respect of the lot
sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting
buyer under these conditions (f) „Sale proceeds? means the net amount due to the seller, being the hammer price of
the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the
seller in whatever capacity and however arising (g) „You?, „Your?, etc. refer to the buyer as identified in Condition 2
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding procedures and the buyer:
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before
entering the auction room to view or bid (b) The maker of the highest bid accepted by the auctioneer conducting the
sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute
discretion by re-offering the lot during the course of the auction or otherwise. The auctioneer shall act reasonably in
exercising this discretion (c) Bidders shall be deemed to act as principals. (d) Once made, no bid may be withdrawn.
Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse
any bid is also reserved.
3. Increments: Bidding increments shall be at the auctioneer?s sole discretion.
4. The purchase price: The buyer shall pay the hammer price together with a premium thereon of 18% which shall
be subject to VAT on the premium at the rate imposed by law.
5. Value added tax: Value Added Tax on the hammer price is imposed by law on all items so notified in advance of
or at the time of sale. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is
payable by buyers of relevant lots.
6. Payment:
(1) Immediately a lot is sold you will: (a) give to us, if requested, proof of identity, and (b) pay to us the total
amount due in cash or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account
whatever without regard to any directions of you or your agent, whether express or implied.
7. Title and Collection of purchases:
(1) The ownership of any lots purchased shall not pass to you until you have made payment in full to us of the total
amount due, although risk passes to you at the fall of the hammer.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for immediately
following the auction or upon the clearance of any cheque used for payment after which you shall be responsible for
any removal, storage and insurance charges.
(3) No purchase can be claimed or removed until it has been paid for.
8. Remedies for non-payment or failure to collect purchases:
(1) If any lot is not paid for in full and taken away in accordance with these conditions or if there is any other breach
of these conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without
prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) To proceed against you for damages for breach of contract (b) To rescind the sale of that lot and/or any other lots
sold by us to you (c) To resell the lot (by auction or private treaty) in which case you shall be responsible for any
resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any
surplus so arising shall belong to the seller (d) To remove, store and insure the lot at your expense and, in the case of
storage, either at our premises or elsewhere (e) To charge interest at a rate not exceeding 1.5% per month on the
total amount due to the extent it remains unpaid for more than three working days after the sale (f) To retain that or
any other lot sold to you until you pay the total amount due.(g) To reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids
shall be accepted (h) To apply any proceeds of sale of other lots due or in future becoming due to you towards the
settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property
in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is
reasonable to make appropriate recovery in respect of breach of these conditions
9. Third party liability:
All members of the public on our premises are there at their own risk and must note the lay-out of the
accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall
incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for
the safety of the property of persons visiting prior to or at a sale.
10. Commission bids:
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to
bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition
we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees
or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more
commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid
so made.
11. Warranty of title and availability:
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly
authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property
free from any third party claims.
12. Agency:
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. Terms of sale:
The seller acknowledges that lots are sold subject to the stipulations of these conditions in their entirety and on the
„Terms of consignment? as notified to the consignor at the time of the entry of the lot.
14. Descriptions and condition:
(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on
each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any
independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot.
Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to
authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of
opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions
given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor
the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to
description, condition or quality of lots, express, implied or statutory, are hereby excluded.
(2) Private treaty sales made under these conditions are deemed to be sales by auction for purposes of consumer
legislation.
General:
15. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by
any person.
16 (1) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any
breach of these conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer
as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the
seller and/or the auctioneer who may themselves enforce them.
17. Any notice to any buyer, seller, bidder or viewer may be given by first class mail in which case it shall be
deemed to have been received by the addressee 48 hours after posting.
18. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions
must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
19. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these conditions
or of the „Terms of consignment? shall affect the position at the relevant time only and in respect of that particular
concession only; in all other respects these conditions shall be construed as having full force and effect.
20. For the avoidance of doubt, the provisions of the 1979 Sale of Goods Act (as amended) do not apply to items
purchased from our auctions by commission, telephone, or internet bidding.
21. English law applies to the interpretation of these conditions.
These conditions apply to buyers/bidders. Sellers conditions are contained within our “Terms of Consignment”.

Forgeries

Any lot which proves to be a deliberate forgery may be returned to the Auctioneer within 28 days of the relevant auction provided that it is in the same condition as when bought. If the Auctioneer is satisfied from the evidence presented by you that the lot is a deliberate forgery, the Auctioneer shall refund the price paid by you for the lot including any buyer’s premium. The Auctioneer shall not have any liability for any consequential loss suffered by you (whether as buyer or seller or otherwise) as a result of the lot being a deliberate forgery.