Imperator pump action shotgun (ref: MIL 994)

M A Manning & Son Limited trading as Regal Auctions carries on business, including the conduct of Auctions, on the following Conditions and which includes business with Sellers, Buyers, bidders, consignors, users of the Website and with all those persons present on the Premises prior to or in connection with an Auction.

A GENERAL CONDITIONS

1 Definitions

1.1 In these conditions

“Auction” means any Auction including internet based Auctions conducted by M A Manning & Son Limited at their Premises or elsewhere;

“the Auctioneer” means the representative of M A Manning & Son Limited conducting the auction.

“the Buyer” means the bidder (including a commission bidder under Condition 30) whom M A Manning & Son Limited has accepted by the fall of the auctioneer’s hammer.

“the Catalogue” means any advertisement, brochure, price list or other publication relating to the Auction published by or on behalf of M A Manning & Son Limited.

“Conditions” means these terms and conditions;

“Dangerous Substances” means any natural or artificial substance capable of causing harm to any living organism supported by the environment, or damaging the environment or public health or welfare;

“Deliberate Forgery” means an imitation made with the intent of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described by M A Manning & Son Limited in the Catalogue or elsewhere as 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;

“Environmental Law” means all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances;

“Expenses” means M A Manning & Son Limited’s charges for illustrations, special advertising, insurance, import, packing and freight and any other expenses and VAT on these amounts;

“Hammer Price” means the price at which a Lot is knocked down by the Auctioneer to the Buyer;

“Lot” means any item or items of any kind accepted by M A Manning & Son Limited with a view to its or their sale at auction;

“the Purchase Price” means the Hammer Price in pounds sterling together with any premium inclusive of VAT chargeable and additional charges and expenses due from a defaulting buyer under Condition 32;

“Premises” means Unit 1 Deva Business Park, Welsh Road, Sealand, Flintshire CH5 2HR or such other place at which M A Manning & Son Limited conduct an Auction;

“M A Manning & Son Limited” means that company registered in England & Wales under number 08117477 at registered office Unit 1 Deva Business Park, Welsh Road, Sealand, Flintshire CH5 2HR and trading under the style of Regal Auctions

“Regal Auctions” means M A Manning & Son Limited:

“the Reserve” means the minimum Hammer Price set by the Seller at which a Lot may be sold and otherwise subject to Condition 12;

“the Sale Proceeds” means the net amount due to the Seller, being the Hammer Price less commission at the Stated Rates and Expenses and any other amounts due to M A Manning & Son Limited;

“Services” means the facilities provide by M A Manning & Son Limited via the Website;

“Special Goods” means boats, motor vehicles, firearms and mechanical and electrical goods;

“the Stated Rates” means M A Manning & Son Limited’s published rates of commission for the time being and VAT;

“Storage Charges” means charges plus VAT imposed by M A Manning & Son Limited in respect of the removal, storage and transportation of any Lot plusVAT;

“VAT” means Value Added Tax at the rate prevailing at the material time;

“the Seller” means the Seller vendor or prospective seller of any Lot;

“Website” means such Website owned or controlled by or on behalf of M A Manning & Son Limited or otherwise used or utilised by M A Manning & Son limited.

1.2 The numbering, heading and divisions in these Conditions are for convenience only and shall not affect their interpretation.

1.3 In these Conditions the singular includes the plural and the masculine indicates the feminine and neuter.
1.4 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment, and includes any subordinate legislation for the time being in force made under it.
2 General

2.1 M A Manning & Son Limited acts as agent for the Seller (except where it is expressly stated to be selling as principal) and is not responsible for any default by the seller or Buyer.
2.2 M A Manning & Son Limited has the right to refuse admission to its premises or attendance at its auction by any person. All persons are admitted to M A Manning & Son Limited’s premises to attend an auction on the basis that they have notice of these Conditions.
2.3 The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of M A Manning & Son Limited and no person may use or copy the same without the prior written consent of M A Manning & Son Limited.
2.4 M A Manning & Son Limited makes every effort to ensure that the Catalogue and description of the Lot are accurate but M A Manning & Son Limited makes no warranty to that effect.
2.5 All Statements whether made verbally or in the Catalogue are statements of opinion only and neither M A Manning & Son Limited or its employees or agents will be responsible for the accuracy of any opinion given. Each Lot is sold by the Seller with any and all errors of description, faults and imperfections.
2.6 Lots are available for viewing on advertised viewing days or in the sole discretion of M A Manning Limited by appointment.
2.7 M A Manning & Son Limited has the right to divide any Lot or combine two or more Lots, refuse any bid, withdraw any Lot from auction or (in the case of dispute) put any Lot up for auction again. The Auctioneer shall have the right to advance the bidding as he may decide.
2.8 M A Manning & Son Limited shall be under no liability for any damage or loss sustained by any person while on M A Manning & Son Limited’s premises or while attending auctions conducted by M A Manning & Son Limited except for death or personal injury caused by the negligence of M A Manning & Son Limited, its employees and agents.
2.9 M A Manning & Son Limited shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on M A Manning & Son Limited’s premises or on any other premises from which M A Manning & Son Limited is conducting auctions.
2.10 In the event of a sale after the auction of any Lot by private treaty the Seller and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.
2.11 These Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by M A Manning & Son Limited.
2.12 Any notice by M A Manning & Son Limited to a Seller, prospective Seller, consignor, prospective bidder or Buyer may be delivered by hand, sent by first class mail, air mail, electronic mail or facsimile to the address last notified to M A Manning & Son Limited and shall be deemed to be received:
2.12.1 if hand delivered, at the time of delivery;
2.12.2 if sent by facsimile within 8 hours of transmission during business hours;
2.12.3 if sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK;
2.12.4 if sent by electronic mail within 1 hour of posting.
2.13 Subject to Condition 42 all transactions to which the Conditions shall apply shall be governed by English Law. In the event of any dispute between M A Manning & Son Limited, the Seller and the Buyer concerning the sale of any Lot at an auction conducted by M A Manning & Son Limited, the matter shall be referred to a single arbitrator to be agreed upon by the parties.


B SELLERS’ TERMS & CONDITIONS

3 Default

M A Manning & Son Limited disclaim responsibility for either the Buyer or the Seller because they act as agents for the Seller only and do not pay the Seller until payment is received from the Buyer.
4 Warranty of Title

4.1 The Seller warrants to M A Manning & Son Limited and to the Buyer that he is the true owner of the Lot or is properly authorised by the true owner to sell the Lot and is able to transfer good and marketable title to the Lot free from any liens, charges or third party claims. When the Seller is authorised by the true owner to sell the lot, the Seller must name the owner and produce such written evidence of his authority as M A Manning & Son Limited may request.
4.2 The Seller warrants to M A Manning & Son Limited, its servants and agents and the Buyer against any loss or damage suffered in consequence of any breach of the above on the part of the Seller.
4.3 The Seller warrants that all information supplied to M A Manning & Son Limited in connection with the Lot is true and accurate to the best of his knowledge, information and belief.
5 Instructions

As M A Manning & Son Limited are Auctioneers, all goods delivered to their premises will be deemed to be delivered for sale by auction unless otherwise stated in writing. All goods will be entered in those sales which M A Manning & Son Limited considers suitable and sold at the auctioneer’s discretion. All goods are accepted by M A Manning & Son Limited subject to their conditions of sale. By delivering goods to M A Manning & Son Limited each Seller acknowledges that he or she has accepted and agreed to be bound by all conditions of sale of M A Manning & Son Limited.
6 Collection

6.1 M A Manning & Son Limited do not undertake the collection of goods but may, if required, instruct a contractor on the Seller's behalf in their capacity as agents. M A Manning & Son Limited disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless written instructions are received to the contrary the cost of these services will be deducted from the proceeds of sale.
6.2 M A Manning & Son Limited will not collect goods for sale unless otherwise agreed and where M A Manning & Son Limited agrees to collect any such goods, the risk in such goods remains with the Seller.
7 Loss or Damage

M A Manning & Son Limited disclaim all responsibility for loss or damage to goods unless caused by the direct negligence of their servants agents or employees.
8 Storage

8.1 M A Manning & Son Limited reserve the right to store or arrange for storage of delivered goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. M A Manning & Son Limited exempt themselves from any liability for loss or damage of goods delivered to their salerooms or other premises without sufficient sale instructions, unless the loss or damage is caused by the direct negligence of an employee of M A Manning & Son Limited.
8.2 Storage charges may apply at the rate of £5 plus VAT per Lot per day.
9 Unsaleable Goods

Unless otherwise instructed by accompanying or previously received written notice, all goods delivered to their premises which in M A Manning & Son Limited’s opinion have no saleable value will be disposed of at M A Manning & Son Limited’s discretion, either to a charity or by consignment for destruction. A charge will be made for this service.
10 Right To Sell

Sellers will be charged storage at a rate of £5 plus VAT per Lot per day for Lots left on M A Manning & Son Limited’s premises after the Seller has been requested to remove them. This charge is backdated to the date of sale and if the goods are not removed within 21 days of such request M A Manning & Son Limited reserves absolutely the right to sell the goods at their discretion without further notice in order to defray costs and storage charges.
11 Risk of Loss or Damage

11.1 The Seller shall be responsible for insuring their goods until they arrive at the premises of M A Manning & Son Limited.
11.2 Unless otherwise instructed in writing, all goods on M A Manning & Son Limited’s premises and in their custody will be held insured against the risks of fire, theft following forcible entry, and water damage, but not against damage caused by humidity or temperature changes, inherent conditions or defects, error in processing, war, terrorism, nuclear radiation or radioactive contamination. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the reserve if any; in the absence of a reserve or in the case of goods withdrawn prior to sale that which the specialist staff of M A Manning & Son Limited shall in their absolute discretion estimate to be the auction value of such goods.
11.3 M A Manning & Son Limited shall not be responsible for accidental breakage, loss or damage unless caused directly by the negligence of their employees. In no event will M A Manning & Son Limited be liable for damage to glass or picture frames (or cleavage of stones) whether forming the whole or part of any Lot, or depreciation in value following repairable damage to any lot.
11.4 In respect of any article delivered to M A Manning & Son Limited, 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 M A Manning & Son Limited’s interest as bailees in such policy or policies.
12 Reserves

12.1 All goods are offered for sale WITHOUT RESERVE at the Auctioneer's discretion unless written instructions as to reserves are received by M A Manning & Son Limited prior to the commencement of the sale. Where requested, advice on reserves will be discussed and agreed. Reserves placed by telephone are accepted at the sole risk of the Seller and must be confirmed by the Seller in writing to be received by the Auctioneers prior to the commencement of the sale.
12.2 All reserves are subject to 10% Auctioneers discretion. An unsold fee will be charged on items entered with unagreed reserves – this charge is 15% plus VAT of the reserve with a minimum charge of £20 plus VAT.
12.3 Any reserve once set cannot be changed without the prior written consent of M A Manning & Son limited.
12.4 Where a reserve has been set only M A Manning & Son Limited may bid on behalf of the Seller.
13 Special Goods and Dangerous Substances

13.1 The Seller of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to M A Manning & Son Limited that on the date on which the same are consigned to M A Manning & Son Limited or put under M A Manning & Son Limited’s control that

13.1.1 they are safe (if used for the purpose for which they were designed) and free from any defect which might cause personal injury or death; and
13.1.2 they comply with all applicable legislation such as (but not limited to) the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations.
13.2 The Seller of any Lot containing Dangerous Substances warrants and undertakes to M A Manning & Son Limited that as at the date when the same are put under M A Manning & Son Limited’s control:

13.2.1 the Seller has obtained all requisite environmental licences and approvals required by Environmental Law; and

13.2.2 the Seller has complied with all the Environmental Law and Environmental licences, which are applicable to the dangerous substances.

13.3 The Seller agrees to indemnify without limit M A Manning & Son Limited, its employees or agents against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this Condition 13 or any negligence of the Seller, its employees and agents.
13.4 The Seller acknowledges that M A Manning & Son Limited are the Seller’s agents and for the purposes of all legislation applicable to Special Goods and Dangerous Substances, including, but not limited to, Health and Safety legislation and regulations and Consumer Protection Act 1987, the Seller acts as consignor and supplier.
13.5 M A Manning & Son Limited reserve the right to make a minimum charge of £5 plus VAT per item to have electrical goods checked by an electrician if required.
14 Indemnity

The Seller shall duly indemnify M A Manning & Son Limited without limit against any claim whatsoever in connection with any goods sold by M A Manning & Son Limited on the Seller’s behalf.
15 Value Added Tax

A Seller who sends for sale by auction any chattel which is an asset of his business must disclose to the Auctioneers whether or not he is a registered person for Value Added Tax purposes, and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art and antiques. This information must be supplied to the Auctioneers on or prior to delivery of the goods.
16 The Auctioneers’ Margin Scheme

The Auctioneers’ Margin Scheme allows Auctioneers to sell items without VAT on the Hammer Price. Under the Auctioneers’ Margin Scheme an amount equivalent to VAT at the current rate is added to the Buyer’s Premium. This amount cannot be refunded. The VAT element will not be shown separately on the Buyer’s invoice.
17 Commission

The Seller authorises M A Manning & Son Limited to deduct and retain Commissions & Expenses at the Stated Rates from the Hammer Price and acknowledges the Auctioneer's right under Condition 28.3 to retain premium payable by the Buyer. Seller’s commission is charged at the rate of 15% inclusive of VAT with a minimum charge of £5 plus VAT per Lot whether sold or not.
18 Photographs and Illustrations

The Seller gives M A Manning & Son Limited full and absolute right to photograph and illustrate any Lot and to use such photographs and illustrations and any photographs provided by the Seller at any time at its absolute discretion, whether or not in connection with the auction. M A Manning & Son Limited have absolute discretion on the illustration of any Lot in the catalogue at the Seller’s expense up to a maximum of £50 for black and white and £150 for colour (with any VAT chargeable thereon). Digital images produced for use in display upon the Website or in any web-based internet auction, advertising or promotion will be charged to the Seller at a flat rate of £10 plus VAT per Lot.
19 Payment of Sale Proceeds to the Seller

19.1 The Sale Proceeds received from the Buyer in cleared funds will be forwarded to Sellers no later than 28 days after receipt by M A Manning & Son Limited. The Sale Proceeds are the Hammer Price less commission and expenses set out in these terms of business. The Seller waives any right to interest that may be earned during the period from payment by the Buyer to receipt of the 'net sale proceeds' by the Seller.

19.2 If the Buyer fails to pay the Purchase Price within 28 days of the auction M A Manning & Son Limited will notify the Seller who will instruct M A Manning & Son Limited as to the appropriate course of action to take and if in the opinion of M A Manning & Son Limited such action is practicable, it will endeavour to assist the Seller to recover the Purchase Price, but M A Manning & Son Limited shall be under no obligation to institute proceedings against the Buyer in its own name. If M A Manning & Son Limited do not receive instructions from the Seller or if in the opinion of M A Manning & Son Limited such proposed course of action is not practicable for whatever reason then M A Manning & Son Limited shall be entitled to:

19.2.1 agree terms with the Buyer for payment of the Purchase Price;
19.2.2 where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer
19.3 If, not withstanding that the Buyer fails to pay to M A Manning & Son Limited the Purchase Price, M A Manning & Son Limited remits to the Seller the Sale Proceeds, the ownership of the Lot shall pass to M A Manning & Son Limited.
19.4 Sellers should note that notwithstanding any other terms of these Conditions, the Seller(s) may on certain circumstances be liable to Buyer(s) in respect of disputed catalogue descriptions, even though they have been made innocently and in good faith.
20 Withdrawn Lots

20.1 If the Seller cancels his instructions for sale at any time, M A Manning & Son Limited reserves the right to charge a fee on the following scale and being a percentage inclusive of VAT of either M A Manning & Son Limited’s latest estimate of the auction price of the Lot or the Reserve placed on the Lot (if there is one), plus in either case expenses, subject always to a minimum charge of £25 inclusive of VAT:
15% of the value up to £50,000
10% of £50,001 to £500,000
7.5% of £500,001 to £1,000,000
5% of £1,000,001 and above
20.2 Upon withdrawal of the Lot(s), the Seller shall arrange for the collection and removal of the same at his own expense on or before 2 working days after the date of withdrawal. If the Seller fails to remove the lot within the specified time he shall pay storage charges at the rate of £5 plus VAT per lot per day backdated to the date of withdrawal.
20.3 Any legal fees, expert’s fees and any other expenses that M A Manning & Son Limited may incur investigating any claim concerning title to or ownership of the Lot shall be borne by the Seller, who shall reimburse to M A Manning & Son Limited all such fees and other expenses on a full indemnity basis.
21 Rescission of Sale

21.1 If the Buyer makes a claim to rescind the sale on the basis of Condition 36.2 and in M A Manning & Son Limited’s opinion that claim is justified, or M A Manning & Son Limited decides to rescind the sale on the basis of Condition 19.2, M A Manning & Son Limited may rescind the sale without further reference to the Seller and refund to the Buyer any amount already paid in respect of the Lot.
21.2 If the Seller has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in Condition 21.1, M A Manning & Son Limited has the right to recover such monies from the Seller.
22 Unsold Lots

22.1 If any Lot fails to sell at auction M A Manning & Son Limited will notify the Seller who will either arrange for its removal from M A Manning & Son Limited the day following the auction or instruct M A Manning & Son Limited to re-offer the Lot for sale.
22.2 In the event that the Seller fails to remove the Lot by the agreed time on the day following the auction, the Seller shall pay to M A Manning & Son Limited the Storage Charges, as specified in Conditions 8 and 10.
23 Private Sales

If after 28 days of notification of any unsold Lot or withdrawn Lot the Seller has failed to collect the Lot, the Seller hereby authorises M A Manning & Son Limited to sell that Lot by private treaty and to deduct from the sale price any sums owing to M A Manning & Son Limited, including but not limited to commission up to one half of the stated rates, and expenses.

24 Post and Packaging

M A Manning & Son Limited are not shippers or packers, but may, if you are unable to arrange your own packing and couriers service, be able to help. M A Manning & Son Limited will pack and post small items, at a small administration charge and send the parcel with The Royal Mail Special Delivery Service. M A Manning & Son Limited disclaim all responsibility for loss or damage to the goods - any claims in this regard must be taken up with Royal Mail.

C BUYER’S CONDITIONS

25 Inspection

25.1 Buyers and prospective Buyers are deemed to have satisfied themselves before bidding by inspection or otherwise as to (but not limited to) the physical condition (including defects) of the Lot and its description in the Catalogue. Buyers and prospective Buyers should note the provisions of General Conditions 2.4 and 2.5 in relation to descriptions of the Lot in the Catalogue.

25.2 Condition reports. All condition reports given are statements of opinion only and subject to Conditions 2.4 and 2.5.

25.3 Lots in the physical possession of M A Manning & Son Limited may be inspected by prospective Buyers by appointment.

25.4 By placing a bid the Buyer acknowledges that he has read, accepted and agreed to be bound by these Conditions.

26 The Buyer

26.1 Any dispute as to who is the Buyer of any Lot shall be settled by M A Manning & Son Limited in its absolute discretion.
26.2 Every bidder at an auction run by M A Manning & Son Limited shall be deemed to act as principal unless prior to the start of the auction M A Manning & Son Limited has been given a written acknowledgment that a bidder is acting as agent for a named principal.
27 Auction Bidding and Buying on the Website
27.1 A Buyer can only make a bid and use the Services by registering as a user on the Website. The Buyer agrees to comply with any instructions or notifications posted on the Website from time to time in relation to use of the Services.
27.2 All auctions will be conducted in pounds sterling ("GBP/£"). The Buyer is responsible for ensuring that he sufficient funds to cover the cost of any bid, and to make payment in accordance with the applicable payment method.
27.3 Any bid that made via the Website constitutes a legal offer to buy the item from M A Manning & Son Limited. The Buyer may not retract a bid.
27.4 M A Manning & Son Limited is entitled to set applicable minimum bids or reserve requirements, and is entitled to change these during the auction period.
27.5 By bidding for an item the Buyer agrees to be bound by any conditions of sale included in the item's description on the Website.
27.6 The successful bid in any auction will be the first highest bid to be registered by M A Manning & Son Limited that exceeds the reserve price (if any) and meets the conditions that are specific to that auction.
27.7 If the Buyer bids for an item via the Website, the Buyer acknowledges and agrees that if he has placed the highest bid which is (where applicable) at or above any reserve price or minimum bid, and M A Manning & Son Limited has confirmed acceptance of your bid, the Buyer has entered into a legally binding contract to buy the item from M A Manning & Son Limited within the specified time limit.
27.8 M A Manning & Son Limited has full discretion to refuse to accept any bid or withdraw any lot for whatever reason at any time.
27.9 M A Manning & Son Limited reserves the right to cancel or stop an auction at any time and for any reason and may do so where, for example, the property displayed for auction is found to be not of the quality as described.
27.10 If the Buyer’s bid is successful, the Buyer will be contacted by M A Manning & Son Limited to confirm acceptance of the bid, the amount of the successful bid and details of the relevant items, payment method details.
27.11 If auctioned property is of a perishable nature, and if for whatever reason M A Manning & Son Limited is unable to contact the Buyer within 6 hours of the closure of the auction and/or there is a problem with payment for any items, then M A Manning & Son Limited will be entitled at their sole and absolute discretion to offer the items to the next highest bidder, to re-auction the items or dispose of the items by any other means.
27.12 The Buyer agrees to comply with all applicable laws, statutes and regulations concerning use of the Services.
28 Buyer’s Premium
28.1 The buyer shall pay the Hammer Price together with a premium of 18% of the Hammer Price inclusive of VAT. This premium is payable by all Buyers. The amount invoiced will be premium plus VAT (where VAT is chargeable) but this VAT will not normally be recoverable by the Buyer. The Buyer acknowledges that M A Manning & Son Limited may receive commission from the Seller in accordance with Condition 17 hereof.
28.2 Any Lot purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge plus VAT at the rate imposed on the Hammer Price and which is included and comprised in the 18% Buyer’s Premium as set out in Condition 28.1 above.
28.3 The Seller authorises the Auctioneer to deduct commission and expenses at the stated rates from the Hammer Price and acknowledges the Auctioneer’s right to retain the premium payable by the Buyer.
29 VAT

Where VAT is not payable by the Buyer on the Hammer Price this is indicated in the Catalogue or any listing of Lots by an asterisk thus: *.
30 Commission Bids

30.1 M A Manning & Son Limited will, if so instructed, execute written bids up to a specified limit from prospective Buyers. The Buyer shall deliver any instructions regarding commission bids whether delivered by post, electronic mail, facsimile transmission, telephone or in person to the appropriate employee of M A Manning & Son Limited, being the Auctioneer or an employee authorized to accept such instructions. Neither M A Manning & Son Limited nor its employees or agents will be liable for any neglect, default or failure to act in connection with any commission bids or telephone bids.
30.2 In the event that M A Manning & Son Limited has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 26.1 and to M A Manning & Son Limited’s ultimate discretion it shall be sold to the person whose commission bid was received first.
30.3 Telephone bids can be arranged for items expected to realise at least £250 and are accepted at the Auctioneer’s discretion. No liability rests with M A Manning & Son Limited.
31 Title and Risk

31.1 Upon the acceptance of a bid (indicated by the fall of the hammer) by M A Manning & Son Limited:
31.1.1 a contract of sale for the Lot in question is completed between the Buyer to which M A Manning & Son Limited is not a party and will not be liable for any breach thereof by either the Seller or the Buyer.
31.1.2 the Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to M A Manning & Son Limited such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneer’s sole discretion) lead to the Lot being put up again and re-sold.
31.1.3 Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid in full (and all monies cleared) in accordance with Condition 32.3. M A Manning & Son Limited shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 32.3.
32 Payment

32.1 A prospective Buyer must if practicable prior to an auction register to bid and must then give M A Manning & Son Limited his full name and permanent address and if requested by M A Manning & Son Limited banking or other suitable references and proof of identity.
32.2 The Purchase Price must be paid to M A Manning & Son Limited no later than 5.30pm on the Friday following the auction.
32.3 Full payment for all Lots must be made to M A Manning & Son Limited by means of banker’s draft, cash, certified cheque, bank transfer, debit or credit card in pounds sterling. Where the Buyer wishes to pay by cheque, the Lot will not be released to the Buyer until the cheque has been cleared unless arrangements have been made with M A Manning & Son Limited prior to the date of the auction.
32.4 A 3.5% surcharge applies to credit card payments. M A Manning & Son Limited does not accept American Express or Maestro debit card payments by phone OR credit card payments for invoices totalling £500 or more.
32.5 Any payments by a Buyer to M A Manning & Son Limited may be applied by M A Manning & Son Limited towards or set off against any sums owing from that Buyer to M A Manning & Son Limited on any account whatever regardless of any directions of the Buyer or his agents whether express or implied.
33 Removal of purchased Lots

33.1 No Lot may be removed by the Buyer until the Purchase Price has been paid in full and the monies cleared in accordance with Condition 32.3.
33.2 M A Manning & Son Limited do not undertake the delivery of goods but may, if required, instruct a contractor on the Buyer’s behalf or otherwise arrange for postage provided always that the Buyer shall put M A Manning & Son Limited in cleared funds upon demand the cover the cost. M A Manning & Son Limited disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks.
33.3 Subject to Condition 33.1, if the Buyer shall not remove (and arrange for transport/carriage) at his expense any Lot purchased by him by 5.30pm on the Friday following the Sale, then the Buyer shall pay to M A Manning & Son Limited the Storage Charges.
34 Responsibility for purchased Lots

34.1 As the risk in respect of a Lot will pass to the Buyer from the fall of the hammer (as provided by Condition 33.1), the Buyer will be responsible for any loss or damage to the Lot from that time.
34.2 The Buyer of a Lot being a “motor vehicle” is responsible for complying with the provisions of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuring that any necessary test certificate is in force.
34.3 The Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with a Lot. M A Manning & Son Limited will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.
34.4 The Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Laws and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to Dangerous Substances.
35 Non-Payment or failure to collect

If a Lot is not paid for in full and removed in accordance with Conditions 33 and 33, M A Manning & Son Limited as agents for the Seller shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies (without prejudice to any other rights it may have):
35.1 issue legal proceedings against the Buyer for damages for breach of contract;
35.2 Rescind the sale of the Lot and re-sell the Lot by auction, private treaty or any other means;
35.3 charge the Buyer all the charges and expenses of the re-sale (including but not limited to) any commissions for the rescinded sale which remain unpaid and the deficiency (if any) between the Hammer Price of the resale and the Hammer Price of the rescinded sale;
35.4 remove, store and insure the Lot at the expense of the Buyer;
35.5 charge interest on the Purchase Price at the rate of 4% per month to the extent that it remains unpaid for more than 5 working days after the date of the auction;
35.6 retain any Lot knocked down to the Buyer at the same time or any other auction until payment of a Purchase Price by the Buyer;
35.7 exercise a lien on any other property of the Buyer in M A Manning & Son Limited’s possession for any purpose;
35.8 rescind the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;
35.9 reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auctions or obtain a deposit before accepting any bids from the Buyer in the future.
36 Liability of M A Manning & Son Limited and the Seller

36.1 Neither the Seller, M A Manning & Son Limited or its employees or agents is responsible for errors of description (made either orally or in any Catalogue) or for the genuineness or authenticity of any Lot. No warranty whatsoever is given by M A Manning & Son Limited, its employees or agents by any Seller to any Buyer in respect of any Lot and any express or implied conditions and warranties are hereby excluded.

36.2 Notwithstanding any other terms of these Conditions, if within two months after the sale M A Manning & Son Limited has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within one month after such notification the Buyer returns the same to M A Manning & Son Limited in the same condition as at the time of sale then the sale will be rescinded and any amount paid in respect of the Lot will be refunded. Provided that the Buyer shall have no right under this Condition if:

36.2.1 the Buyer is not able to satisfy M A Manning & Son Limited that the Lot is a Deliberate Forgery on the basis of written evidence from experts;
36.2.2 the only method of establishing at the date of publication of the Catalogue that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical; or
36.2.3 the Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims;
36.3 Any claim by a Buyer under Condition 36.2 shall be limited to any amount paid in respect of the Lot and shall not extend to any consequential loss suffered by him as a result of the Lot being a deliberate forgery.
36.4 The benefit of this Condition shall not be assignable and shall only extend to the Buyer, being the person to whom the original invoice was made out by M A Manning & Son Limited in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership of that Lot.
37 Photographs and Illustrations

The Buyer gives M A Manning & Son Limited the absolute right to use its photographs and illustrations of Lots at any time at M A Manning & Son Limited’s absolute discretion (whether or not in connection with the auction).
38 Client Money

M A Manning & Son Limited will hold any money belonging to the Seller or the Buyer in separately designated client accounts.
39 Droit de Suite Royalty Charges

39.1 From 14th February 2006 all UK art market professionals (which includes, but is not limited to; auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by living artists. This payment is only calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of EURO 1,000 – the UK sterling equivalent will fluctuate in line with prevailing exchange rates.
39.2 It is entirely the responsibility of the Buyer to acquaint himself with the actual EURO to UK sterling exchange rate on the day of the sale in this regard. The actual qualifying threshold will be calculated by the Artist’s Resale Right Service Hub based on the European Central Bank reference rate published at 2.15 pm on the day of sale, and can be found on www.dacs.org.uk.
39.3 All items in this catalogue that are marked with ‘DDS’ are potentially qualifying items, and the royalty charge will be applied for if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000. The royalty charge will be added to all relevant invoices, and must be paid before items can be cleared. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’), no handling costs or additional fees with respect to these charges will be retained by the auctioneer.
39.4 The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of EURO 50,000 is 4% payable by the buyer. For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges will apply – for a complete list of the royalty charges and threshold levels, please see www.dacs.org.uk. There is no VAT payable on this royalty charge.
39.5 For all question relating to the regulations regarding Droit de Suite royalty charges, please see www.dacs.org.uk, telephone +44 (0)845 410 3410, or email arr@dacs.org.uk.
40 Money Laundering Regulations

In order to comply with Money Laundering Regulations, no cash payment will be accepted in excess of the day’s sterling equivalent of EURO 2,500.
41 Severance
41.1 If any provision (or part of a provision) of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
41.2 If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
42 Governing Law and Jurisdiction
42.1 These Conditions are governed by and shall be interpreted in accordance with the laws of England and Wales.
42.2 The Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in Liverpool to settle any disputes and claims which may arise out of or in connection with these Conditions.


Regal Auctions – Postage Policy
Regal Auctions are not shippers or packers. It is your responsibility to arrange for the packing and collection of the goods you have purchased.
However, if you are unable to arrange your own packing and courier service, Regal Auctions may, without obligation, be able to help.