Chinese Famille Rose Plate. Enamel colours, 19th century heavy porcelain. Decorated with a pair of

The following pages are the terms on which we will offer the Lot(s) listed in our Catalogue, at the saleroom or online for sale. By registering to bid at our auctions whether that will be in person, over the telephone or online you agree to these terms and you should read them carefully before entering a bid.

WHAT THESE CONDITIONS COVER

The Conditions apply to the services we supply to you as Bidder and Buyer regarding the purchase or holding by Aintree Antique Auctions of Lot(s).

WHY YOU SHOULD READ THEM

All Bidders and Buyers (including persons duly authorised to sell Lot(s) by the true owner) prior to bidding on Lot(s) for sale in our saleroom or alternative premises, whether in person, by telephone or online and in delivering Lot(s) to our premises or requesting to arrange for the collection of any Lot(s) from our premises, should read through the terms of these clauses carefully. Particular attention is drawn to clause 13 which contains specific limitations and our exclusion of liability.

INFORMATION ABOUT US

Aintree Antique Auctions(A.A.A) is the trading name of Mr Ashley Martin, trading from Maghull Business Centre, 1 Liverpool Road North, Maghull, Liverpool, L31 2HB. Home address is 77 Ford Lane, Liverpool, L21 0HQ. Ashley Martin is the owner of this website, .com and the business as a whole.

HOW TO CONTACT US

You can contact by telephoning 0151 268 0445 or 07956 197 355 or by writing to us at ash@aintreeantiquesauction.co.uk

INTERPRETATION OF CONDITIONS

1. DEFINITIONS

1.1 In the Conditions, the following terms shall have the following meanings unless the context otherwise requires:

“Absentee Bids” means a bid on Lot(s) if the Bidder is not able to be physically present, be it through an agent or by telephone, fax or online, a Bidder can place an absentee bid prior to the start of an A.A.A. Auction.

“Auctioneer” means A.A.A. acting in their capacity in conducting auctions by accepting bids and declaring Lot(s) as sold on behalf of the Vendor.

“Bidder” means any person, including such person’s principal when bidding as agent, bidding on Lot(s) at an A.A.A. Auction.

“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including such person’s principal if bidding as agent.

“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to A.A.A. by the Buyer at a flat rate of 15% of such Hammer Price. No further charges to be added, save shipping if requested..

“Catalogue” includes any advertisement, brochure, estimate, list or other publication of A.A.A. containing details of Lot(s).

“Damage Loss Warranty” means warranty cover entered into by A.A.A. which covers loss and accidental damage of the Lot(s). There are no charges for this cover.

“Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, culture, date, origin, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.

“Expenses” means, in relation to the sale or aborted sale of any Lot(s), A.A.A.’s charges and expenses incurred, including (but not limited to) legal expenses, charges and expenses for insurance, Catalogue and other reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services and expertisation, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and subsistence costs and postage and packing costs.

“Hammer Price” means the price at which a Lot(s) are knocked down by the Auctioneer to the Buyer, excluding the Buyer’s Premium, any applicable Expenses and any applicable VAT.

“Live Online Bidding” means the live online bidding performed via ‘Easy Live Auction’, and any other A.A.A. authorised online platforms from time to time.

“Lot(s)” means items offered for sale at an A.A.A. Auction.

“A.A.A.” “We” “Us” “Our” means Aintree Antiques Auctions or Ashley Martin. Maghul Business Centre, 1 Liverpool Road North, Maghul, Liverpool, L31 2HB.

“A.A.A Auction” means a public auction organised and administered by Ashley Martin.

“A.A.A. Website” means https://www.aintreeantiquesauctions.co.uk

“Online Bidding Fee” in partnership with easyliveAuction.com we are offering low fees for bidding online through till June 2022

“Reserve” the minimum price that the Vendor is willing to accept for their Lot(s) sold at a A.A.A. Auction.

“Sale Proceeds” means the total net amount due to the Vendor by A.A.A. and is calculated as being the Hammer Price, less the Vendor’s Commission, loss warranty any applicable Expenses and VAT.

“Vendor” means the person(s) (including their agent (other than A.A.A.), executors or personal representatives) offering Lot(s) for sale at any A.A.A. Auction. If the Vendor is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Vendor set out in the Conditions of Business – ‘Selling at A.A.A.’.

“Vendor’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to A.A.A. by the Vendor at a flat rate of 10% of such Hammer Price.

“Working Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

1.2 In these Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.

1.3 The headings and sub-headings in these Conditions of Business do not form part of these Conditions of Business themselves but are for convenience only and do not affect their construction.

1.4 Reference to any statute or statutory provision in the Conditions includes a reference to the statute or statutory provision as from time to time amended, extended or re enacted.

2. REGISTRATION PROCESS TO BID AT A.A.A. AUCTIONS

2.1 If this will be your first time bidding at a Aintree Auctions or if you haven’t bought anything from us for the last two years you must complete a registration form and provide the information we require to register you to bid. This includes identification to verify you (such as a passport or driving licence) and proof of your address dated from the last three months (council tax bill/bank statement/utility bill are accepted) and also your bank details. Details of how we use your personal information can be found in our Privacy Policy on our website at https://www.aintreeantiqueauctions.co.uk We may, at our sole discretion, if you fail to complete any identification and anti-money laundering checks to our satisfaction decline to permit you to register as a Bidder and also entry into our premises. We also reserve the right to deny entry to any A.A.A. Auction to any individual at our sole discretion.

2.2 If you want to make cash payment for any Lot(s) we will require your proof of identity (such as passport or driving licence) and proof of your address dated from the last three months (council tax bill/bank statement/utility bill are accepted). We don’t accept single or multiple payments in cash in excess of £5,000.00.

2.3 We act as agent for the Vendor from time to time and any contract for the sale of Lot(s) at the A.A.A Auction, whether placed in person, by telephone, or through Live Online Bidding will be made between the Vendor and the Buyer (except where we have a direct or indirect financial interest in the Lot(s) in which case we will act as principal. If you are bidding solely for yourself you will be held personally liable to pay the purchase price for the Lot(s) and all other sums due.

2.4 All bids must be made in English.

3. IF YOU ARE BIDDING ON BEHALF OF ANOTHER PERSON
If you are bidding on behalf of another person who has been approved by us, you will act as agent for the third party and you and the third party will be jointly and severally liable for the Purchase Price for the Lot(s) plus any other Expenses and fees we reasonably incur.

4. ABSENTEE BIDS

4.1 If we receive two or more Absentee Bids on a particular Lot(s) for the same amounts being the highest accepted bids, we will attempt, to the best of our ability, to sell the Lot(s) to the Bidder whose Absentee Bid was received or accepted first by us.

4.2 Due to other commitments at the busy period prior to the start of a A.A.A. Auction, we do not accept liability for any errors or omissions when dealing with Absentee Bids received by telephone, fax or online.

5. TELEPHONE BIDS We do not charge for the service and do not record calls

6. ONLINE BIDS

6.1 We also accept bids through Live Online Bidding. Please visithttps://www.easyliveauction.com. As well as these Conditions of Sale, the internet bids through Live Online Bidding are governed by the respective online bidding providers’ terms of use. In the event of any conflict between these Conditions of Business and the Easy Live terms of use, our terms will control. You agree that you will also strictly comply with all local laws and regulations in force if you are bidding online outside of the United Kingdom.

6.2 At some A.A.A. Auctions, there may be a video or digital screen in operation for the convenience of Bidders using Live Online Bidding. Errors may occur in its operation, the quality of the image reproduced on the screen and/or the correspondence of the screen image to the original. We do not accept liability for any such errors due to events beyond our reasonable control.

7. CONDUCT OF THE AINTREE ANTIQUE AUCTIONS AUCTION
We have discretion at any time to refuse any bid, withdraw Lot(s) or reoffer Lot(s) for sale if we believe there may be an error or dispute. We do not accept liability for any errors or omissions for any bids received by telephone, or online if the error/omission was beyond our reasonable control.

8. BIDDERS DUTY TO INSPECT THE LOT(S)

8.1 Our knowledge of the Lot(s) is dependent on the information provided by the Vendor and we are not able to carry out exhaustive due diligence of the Lot(s). Also due to the nature of the Lot(s) sold they are likely due to age to show signs of wear and tear, damage, other imperfections, restoration or repair. To assist you when inspecting Lot(s) we do provide condition reports. You will also note that Lot(s) may have other faults not expressly referred to in the Catalogue or condition report. You acknowledge this and accept responsibility for carrying out inspections and investigations to satisfy yourself as to the Lot(s) you may be interested in.

8.2 We make every effort to ensure the accuracy of any statement regarding the Lot(s) made orally or in our Catalogues however we give no representations or warranties on any statement we make in respect of age, attribution, authenticity, authorship, condition, date, origin and provenance of the Lot(s) made orally or in our Catalogues.

8.3 if we sell Lot(s) at A.A.A. Auctions, which prove to be a Deliberate Forgery, we shall refund only to the Buyer the total amount paid, this being the total amount the Buyer can recover from us. Neither we nor the Vendor will be liable for any special, indirect or consequential losses or damages that the Buyer incurs as a result of the Lot(s) proving to be a Deliberate Forgery. In the event the Buyer believes the Lot(s) to be a Deliberate Forgery, the Buyer must:

8.3.1 notify us (i) no later than three years following conclusion of the sale of the relevant Lot(s); (ii) of the date of the A.A.A. Auction the relevant Lot(s) were purchased at and (iii) within 14 days of the Buyer receiving any information that makes them question the authenticity or attribution of the Lot(s);

8.3.2 be able to transfer good title in the Lot(s) to us free from any charges or third party claims; and

8.3.3 on our instruction and at their cost instruct two independent experts agreed by the parties to provide advice on whether the Lot(s) are a Deliberate Forgery. After deliberating the contents of the expert reports and at our sole discretion (not being bound by such experts conclusions) if we determine that the Lot(s) are a Deliberate Forgery we will refund the total amount paid.

8.4 The Buyer has no right to a refund in the event of claiming the Lot(s) are a Deliberate Forgery where:

8.4.1 the Catalogue description of the Lot(s) at the time of the sale was the generally accepted opinion of scholars and experts;

8.4.2 if, at the date of its sale the only way of confirming the Lot(s) were a Deliberate Forgery was by scientific or other processes which were not available until after the Lot(s) was published in the Catalogue; or

8.4.3 we were not notified that the Lot(s) may be a Deliberate Forgery by the Buyer within the three years from the conclusion of the sale in accordance with clause 8.3.1.

9. AT THE A.A.A. AUCTION

9.1 Subject to our sole discretion, the person making the highest bid for any Lot(s) that is accepted by the Auctioneer at the A.A.A. Auction will be sold the Lot(s). The striking of the hammer by the Auctioneer marks the acceptance of the highest bid and formation of a contract for the purchase of the Lot(s) between the Vendor and the Buyer. The Buyer shall become legally responsible for the Lot(s) at fall of the hammer. We have the right to lawful possession of the Lot(s) until the Purchase Price any other costs reasonably incurred by A.A.A. in connection with the storage of such Lot(s) has been paid in full and in cleared funds to us. The Buyer will be responsible for arranging and maintaining suitable insurance for the Lot(s) following the conclusion of the A.A.A. Auction.

9.2 If the Buyer fails to collect the purchased Lot(s) within 30 days of the A.A.A. Auction, the Lot(s) will be stored at the Buyers expense and risk by us.

9.3 If the Artists Resale Rights Regulation 2006 were to apply to any Lot(s), the Buyer agrees to pay us an amount equal to the applicable resale royalty provided for in that regulation and we shall undertake to the Buyer to pay that amount to the relevant artist’s collection agent.

9.4 The Buyer will be liable to pay to us the Hammer Price, the Buyer’s Premium, the Online Bidding Fee and any Expenses and any applicable VAT (“Purchase Price”) in pounds sterling. Payment is due by the Buyer immediately following the sale of the Lot(s) irrespective of any export, import or other licences. Card payments by overseas Buyers will be subject to an additional 2% of the Purchase Price.

**9.5 You will not become the owner of the Lot(s) until we have received the Purchase Price in cleared funds. We are not obliged to release Lot(s) to the Buyer until you have become the legal owner.

9.6 Following payment of the Purchase Price in cleared funds, the Buyer must collect the Lot(s) from our premises at their own cost by 4.00pm the following Working Day after payment.

9.7 The packing and handling of any Lot(s) is entirely at the Buyer’s risk and expense and we shall not, in any circumstances, be responsible for any acts or omissions of the packers or shippers.

10. NON-PAYMENT OF THE PURCHASE PRICE

10.1 If the Buyer fails to pay us the Purchase Price, we or the Vendor may within seven days of the A.A.A. Auction and at our sole discretion exercise the following rights:

10.1.1 charge interest on the Purchase Price at a rate equal to 4% above Lloyds Bank plc’s base rate from the date of conclusion of the A.A.A. Auction;

10.1.2 store the Lot(s) at the Buyer’s sole risk and expense;

10.1.3 cancel the purchase of any or all of the Lot(s) by the Buyer;

10.1.4 resell the Lot(s) at an A.A.A Auction or a private sale without prior notice and the Buyer will be liable for any shortfall arising from the resale together with costs and expenses incurred in connection with the resale;

10.1.5 hold the Buyer in breach of contract and commence County Court proceedings for the recovery of the Purchase Price together with interest, legal fees and all other costs associated with commencement of legal proceedings;

10.1.6 only release Lot(s) we hold upon payment of the Purchase Price and any associated storage costs; and

10.1.7 refuse the Buyer entry into and decline all bids made by the Buyer at any future A.A.A. Auctions.

11. EXPORT AND IMPORT OF LOT(S)

11.1 The exportation of any Lot(s) from the United Kingdom or the importation into any country may be subject to one or more export, import, firearm, endangered species or other permit. Many countries require a declaration of export of property into the country. Local laws may prevent a Buyer from importing a Lot(s). We are not under any obligation to cancel the purchase and refund the Buyer the Purchase Price if the Lot(s) may not be exported, imported or if it is seized by any government authority.

Lots made of protected species

11.2 You should check the relevant customs laws and regulations before bidding on any Lot(s) which are made of or including endangered or other protected species of wildlife which includes amongst others: ivory, tortoiseshell, crocodile skin, rhinoceros’ horn, whalebone, certain species of coral and Brazilian rosewood.

11.3 Several countries refuse to import such materials and some countries require a licence from the relevant regulatory agencies.

Lots of Iranian origin

11.4 Some countries prohibit or restrict the purchase and/or import of Iranian origin works of conventional craftsmanship. It is your responsibility to ensure you do not bid on a Lot(s) in contravention of the sanctions or trade embargoes that apply to you.

12. THE EXCLUSION OF CONSUMER RIGHTS LEGISLATION
Where the Lots sold at A.A.A. Auction are for second hand goods and the Buyer has the opportunity of attending the A.A.A. Auction in person, the Buyer will be excluded from statutory consumer remedies and cancellation rights on the purchase of such Lot(s), e.g. vintage electrical and other vintage items sold as collectors’ items or ornaments not intended for use.

13. OUR LIABILITY TO BIDDERS AND BUYERS

13.1 We give no guarantees or warranties to the Buyer and any implied conditions or warranties, whether imposed by the Sale of Goods Act 1979 or otherwise (ii) in particular, any representation or statement we make by or is made on behalf of us, whether orally by any of its directors, officers, employees, agents or sub-contractors or printed in any Catalogue or any advertisement, brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, provenance, value, fit for purpose, description, size or importance is opinion only, may be amended prior to the Lot being offered for sale (including whilst the Lot is in public view) and is not to be taken as being or implying any warranty or representation of fact by us; and (iii) neither We nor any of our directors, officers, employees, agents or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements, save for any representations made fraudulently.

13.2 Except as it relates to any liability for death or personal injury resulting from our negligence (for which we in no way seeks to exclude or limit our liability), our liability for any claim brought against us by any Buyer in respect of any Lot(s) shall be limited to the aggregate of the Hammer Price for the Lot(s) and the Buyer’s Premium actually paid to us in respect of the Lot(s).

14. HOW WE USE YOUR PERSONAL DATA

14.1 In connection with the management and operation of A.A.A.’s business and the marketing and supply of A.A.A.’s services or as required by law, A.A.A. may: (i) request that any Buyer, any Vendor and any Bidder at any A.A.A.Auction, and if so requested that Buyer, that Vendor and that Bidder agree to, provide in a form acceptable to A.A.A.written confirmation of their name, permanent address, proof of identity and creditworthiness and any other requested personal data; or (ii) obtain personal data about any Buyer, any Vendor and any Bidder at any A.A.A.auction from third parties (e.g. credit information agencies). If any Buyer, any Vendor or any Bidder at any A.A.A. auction provides A.A.A. with any personal data, he agrees that A.A.A. may use it for the above purposes and A.A.A.will not use it for any other purpose without the Buyer’s, the Vendor’s or the Bidder’s prior consent (as applicable) or, in the case of any sensitive personal data as defined in the General Data Protection Regulation 2016/679 and any subsequent supervening legislation, prior explicit consent.

14.2 New prospective Buyers and previous Buyers who have not made a purchase at any A.A.A.’s auction within the last 2 years will be asked to supply a satisfactory recommendation of creditworthiness from an approved mutual acquaintance of A.A.A.or such other source as A.A.A.may require, along with two forms of identification in order to register to bid at any A.A.A.Auction. If any person is bidding on behalf of a Buyer known to A.A.A., that person will need to present to A.A.A. a signed letter of authorisation and two forms of identification in order to register to bid on behalf of that Buyer at any A.A.A.auction. Please note that previous Buyers who wish to spend an amount inconsistent with their previous buying patterns will also be asked to supply a new bank reference.

14.3 All Buyers, Vendors and Bidders at any A.A.A. Auction should note that, for security and evidential purposes, A.A.A.’s premises are subject to video recording. Telephone calls to A.A.A., including (without limitation) any telephone bids or voicemail messages, may also be recorded and used for evidential purposes where, for example and without limitation, there is any dispute as to the bidding for or the Hammer Price of any particular Lot sold.

15. PRIVACY POLICY
Our Privacy Policy sets out information about what personal data we collect about you and how that personal data is used, the terms on which we process any personal data collected from you, or that you provide to us. The Privacy Policy can be found on our website at https://www.aintreeantiqueauctions.co.uk

16. COOKIE POLICY
Our Cookie Policy sets out information on the use of cookies and the purposes for which cookies are stored and accessed on our website. The Cookie Policy can be found on our website at https://www.aintreeantiqueauctions.co.uk

17. INTRODUCTORY COMMISSIONS
We reserve the right to pay commission out of any fee that we receive to any third party that introduces property for auction to us. We reserve the absolute right, subject to applicable laws, to keep all details of any such payments confidential to ourselves.

18. PHOTOGRAPHS, ILLUSTRATIONS, IMAGES AND COPYRIGHT

18.1 We shall be entitled to photograph, illustrate or otherwise produce images in our Catalogues, promotional literature and on either our own or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant Auction. The Buyer warrants that they shall not use any such photographs, illustrations, images and/or written material of or pertaining to that Lot(s) without our prior written consent and you shall fully indemnify us on a continuing basis against all costs, claims, demands, expenses, losses, damages and liabilities of whatsoever nature arising out of, or in connection with, any breach by us of this warranty.

18.2 The Vendor and A.A.A. make no representations and give no warranties as to whether any Lot(s) is subject to copyright or as to whether the Buyer of that Lot will acquire any copyright or other reproduction rights in it.

19. VALUE ADDED TAX
Where these Conditions: (i) refer to any obligation on the Buyer to make payment to us, the Buyer will be liable to pay any VAT required by law or, if applicable, any amount in lieu of VAT.

20. GENERAL

20.1 These Conditions of Business are not assignable by you without our prior written consent.

20.2 No act, omission or delay by us shall be deemed a waiver or release of any of its rights under these Conditions of Business or otherwise.

20.3 If any provision of these Conditions of Business is found by any court with jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be discounted and the remaining provisions shall continue to have full force and effect.

20.4 These Conditions of Business set out the entire agreement and understanding between us and you at a A.A.A. Auction.

20.5 Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by facsimile, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Aintree Antique Auctions, Maghul Business Centre, 1 Liverpool Road North, Liverpool L31 2HB’ and quote the relevant sale date and either the Vendor’s reference number or the Buyer’s invoice number. Any notice that we send to you shall be addressed to the last address formally notified by us.

20.6 The Contracts (Rights of Third Parties) Act 1999 is excluded by the Conditions and shall not apply to any contract made pursuant to them.

21. LAW AND JURISDICTION

21.1 These Conditions of Business and all aspects or all matters, transactions or disputes to which they relate shall be governed by and construed in accordance with the laws of England. By bidding for any Lot(s) (whether present in person or by agent, by written bid, telephone or online) or offering any Lot(s) for sale at any A.A.A. Auction, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.

21.2 You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, facsimile transmission or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.

CONDITIONS OF BUSINESS – SELLING AT AINTREE ANTIQUE AUCTIONS

The following pages are the terms on which we will act for you as agent in selling the Lot(s), at our saleroom. Any instruction for the sale of Lot(s) at an A.A.A. Auction, whether placed by you in person or over the telephone will result in a contract being made between us on these Conditions of Business.

WHAT THESE CONDITIONS COVER

These Conditions apply to the services we supply to you as a Vendor regarding the sale, or holding of your Lot(s) by us.

WHY YOU SHOULD READ THEM

All Vendors (including those authorised to sell Lot(s) by the true owner) should read through the clauses of these Conditions of Business carefully prior to:

(i) offering Lot(s) for sale through us; or
(ii) delivering or requesting us to arrange for the collection of any Lot(s) for delivery to our premises.

INFORMATION ABOUT US

Aintree Antique Auctions(A.A.A) is the trading name of Mr Ashley Martin,  Maghul Business Centre, 1 Liverpool Road North, Maghul, Liverpool, L31 2HB

HOW TO CONTACT US

You can contact by telephoning 07956 197 355 or by writing to us at ash@aintreeantiquesauction.co.uk

INTERPRETATION OF CONDITIONS

1. DEFINITIONS

1.1 In the Conditions, the following terms shall have the following meanings unless the context otherwise requires:

“Auctioneer” means AINTREE ANTIQUE AUCTIONS(A.A.A.) acting in our capacity in conducting auctions by accepting bids and declaring Lot(s) as sold on behalf the Vendor.

“Bidder” means any person, including such person’s representative when bidding on behalf of that person, bidding on Lot(s) at an A.A.A Auction.

“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including such person’s principal if bidding as agent.

“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to A.A.A. by the Buyer at a flat rate of 15% of such Hammer Price which includes VAT. No further charges to be added, save shipping if requested..

“Catalogue” includes any advertisement, brochure, estimate, list or other publication of A.A.A. containing details of Lot(s).

“Damage Loss Warranty” means warranty cover entered into by A.A.A. which covers loss and accidental damage of the Lot(s). There are no charges for this cover.

“Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, culture, date, origin, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.

“Expenses” means, in relation to the sale or aborted sale of any Lot(s), A.A.A.’s charges and expenses incurred, including (but not limited to) legal expenses, charges and expenses for insurance, Catalogue and other reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services and expertisation, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and subsistence costs and postage and packing costs.

“Hammer Price” means the price at which a Lot(s) are knocked down by the Auctioneer to the Buyer, excluding the Buyer’s Premium, any applicable Expenses and any applicable VAT.

“Live Online Bidding” means the live online bidding performed via ‘Easy Live Auction’, and any other A.A.A. authorised online platforms from time to time.

“Lot(s)” means items offered for sale at an A.A.A. Auction.

“A.A.A.” “We” “Us” “Our” means Aintree Antiques Auctions or Ashley Martin. Maghul Business Centre, 1 Liverpool Road North, Maghul, Liverpool, L31 2HB.

“A.A.A Auction” means a public auction organised and administered by Ashley Martin.

“A.A.A. Website” means https://www.aintreeantiquesauctions.co.uk

“Online Bidding Fee” in partnership with easyliveAuction.com we are offering no extra fees for bidding online through till June 2022

“Reserve” the minimum price that the Vendor is willing to accept for their Lot(s) sold at a A.A.A. Auction.

“Sale Proceeds” means the total net amount due to the Vendor by A.A.A. and is calculated as being the Hammer Price, less the Vendor’s Commission, loss warranty any applicable Expenses and VAT.

“Vendor” means the person(s) (including their agent (other than A.A.A.), executors or personal representatives) offering Lot(s) for sale at any A.A.A. Auction. If the Vendor is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Vendor set out in the Conditions of Business – ‘Selling at A.A.A.’.

“Vendor’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to A.A.A. by the Vendor at a flat rate of 10% INC VAT of such Hammer Price.

“Working Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
1.2 In these Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.

1.3 The headings and sub-headings in the Conditions of Business do not form part of the Conditions of Business themselves but are for convenience only and do not affect their construction.

1.4 Reference to any statute or statutory provision in the Conditions of Business includes a reference to the statute or statutory provision as from time to time amended, extended or re enacted.

2. REGISTRATION PROCESS TO SELL LOT(S) AT AINTREE ANTIQUE AUCTIONS (A.A.A)
If this will be your first time selling at Aintree Antique Auctions or if you haven’t sold anything through us for the last two years you must complete a registration form and provide any information as we will require. This includes identification to verify you (such as passport or driving licence) and proof of your address dated from the last three months (council tax bill/bank statement/utility bill are accepted) and also your bank details. Details of how we use your personal information can be found in our Privacy Policy on our website at https://www.aintreeantiqueauctions.co.uk. We may, at our sole discretion, if you fail to complete any identification and anti-money laundering checks to our satisfaction decline to permit you to register as a Vendor and also entry into our premises.

3. ACTING FOR YOU

2.1 We act as your agent to sell your Lot(s). Any instruction for the sale of Lot(s) at the A.A.A. Auction, whether placed by you in person or over the phone, email or online will result in a contract made between us on these Conditions of Business. If Vendor is multiple persons, each shall be jointly and individually liable for all obligations, liabilities, representations, warranties and indemnities of the Vendor in the Conditions of Business.

2.2 INFORMATION PROVIDED TO YOU PRIOR TO SELLING YOUR LOT(S)

2.2.1 Following your request to use our services and acceptance of our Conditions of Business whether concluded at our premises by telephone, fax or online, the following information will be provided:

2.2.2.1 details of what services we are providing to you;

2.2.2.2 how much it will cost;

2.2.2.3 additional delivery charges if we are to collect the Lot(s);

2.2.2.4 when you must pay us; and

2.2.2.5 when we will be selling your Lot(s) (i.e. which A.A.A. Auction the Lot(s) will be sold at).

3. SELLING YOUR LOT(S)

3.1 If our performance of the services under these Conditions of Business are affected by an event outside our control then we will contact you as soon as possible letting you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay due to an event outside our control, you may contact us to end the use of our services and receive a refund for any services you have paid for but not received.

3.2 If you have asked us to collect the Lot(s) as part of our services and we are unable to collect the Lot(s) as arranged (and you do not have a good reason for this) we may charge you additional costs we have incurred as a result.

3.3 Prior to offering the Lot(s) for sale at a A.A.A. Auction, we reserve the right to decide:

3.3.1 the way the Lot(s) may be combined or divided into Lot(s) for sale;

3.3.2 the way in which Lot(s) are included in the sale;

3.3.3 the way in which Lot(s) are described or illustrated in the Catalogue or any condition report;

3.3.4 the date and place of any A.A.A. Auction; and

3.3.5 the manner in which any sale is carried out.

3.7 We reserve the right to consult with and rely on any outside experts, consultants or restorers of our choice in relation to any Lot(s) and to carry out other enquiries or tests in relation to the Lot(s) either before or after the sale as we think appropriate. However, this is a matter for our discretion and we shall be under no duty or obligation to carry out any such consultation, enquiries or tests in respect of any Lot(s).

3.8 We will, at your expense, insure the Lot(s) that you provide to us and we will be responsible for the Lot(s) until the Buyer acquires the Lot(s).

4. ESTIMATES
Any sale price estimate that we give to you for any Lot(s), whether by us saying it to you orally or in the Catalogue or otherwise is an expression of opinion and intended only as a guide. It should not be in any way relied upon as a statement that the estimated selling price is the price at which the Lot(s) will sell or its value for any other purpose. As any estimate can be subject to change, it is advisable to speak with us as to the estimated selling price of any Lot(s) nearer the time of the sale.

5. YOUR RIGHT TO CANCEL THE SERVICES
If you decide not to proceed and cancel use of our services eight (8) weeks or less prior to the date of an A.A.A. Auction for your Lot(s), you will be liable to pay a withdrawal fee calculated in accordance with clause 8.1.

6. OUR RIGHTS TO WITHDRAW THE SERVICES

6.1 At our sole discretion, we can withdraw any Lot(s) from sale without any liability if:

6.1.1 we believe that there is any doubt as to the Lot(s) authenticity;

6.1.2 it is established or alleged that there is a breach of the warranties given by you in clause 8;

6.1.3 you materially breach any of the terms in these Conditions of Business;

6.1.4 the Lot(s) contains any endangered species for which a sales exemption under the Convention on International Trade in Endangered Species is required and such a sales exemption has not been granted by the day before the first day of the viewing of the A.A.A. Auction for which the Lot(s) are offered for sale;

6.1.5 we consider the Lot(s) to be of insufficient sale value;

6.1.6 the Lot(s) are lost or damaged so that it is not in the state in which it was when we agreed to sell it;

6.1.7 the A.A.A. Auction at which the Lot(s) was proposed to be put on sale is postponed for any reason or

6.1.8 we become aware that there is a competing title claim, right of possession by a third party over the Lot(s) or a debt secured over the Lot(s).

6.2 If we remove any Lot(s) from sale for any reason other than a breach of the warranties at clause 8 or any serious breach by you of any of the terms of these Conditions of Business, you shall not be charged a withdrawal fee as long as there is no competing title claim, right of possession by a third party over the Lot(s) or a debt secured over the Lot(s).

7. WITHDRAWAL FEE
If any Lot(s) are withdrawn from sale by us because of a breach of the warranties given by you in clause 8 or there is any serious breach by you of any of these Conditions of Business or our services are cancelled by you after the applicable time set out in clause 5.1, we are entitled to charge you a withdrawal fee of 15% of: (i) the Reserve for the withdrawn Lot(s); or (ii) if unreserved, our mid presale estimate for the applicable withdrawn Lot(s) at the time of cancellation, together with any applicable Expenses and any applicable VAT. We will not be obliged to withdraw any Lot(s) or to return it to you unless you have made full payment to us of the applicable withdrawal fee, Expenses and VAT in pounds sterling and in cleared funds.

8. VENDOR WARRANTIES

8.1 You warrant to us and the Buyer that:

8.1.1 you are the true owner of the Lot(s) offered for sale or are properly authorised to sell the Lot(s) by the true owner;

8.1.2 you are able to and shall transfer a good title to the Lot(s) free from any third party rights or claims;

8.1.3 you are able to transfer ownership of the Lot(s) to the Buyer;

8.1.4 you have provided us with all information concerning the provenance of the Lot(s) and have notified us in writing of any concerns expressed by third parties in relation to the age, attribution, authenticity, authorship, condition, date, origin, ownership or place of origin of the Lot(s) or its export or import;

8.1.5 the details of the Lot(s) you provide to us are true and complete;

8.1.6 you are unaware of any matter or allegation that would make any description given by us in relation to the Lot(s) inaccurate or misleading;

8.1.7 where the Lot(s) has been moved to the European Union from a country that is not a member state of the European Union, the Lot(s) has been lawfully imported in to the European Union, that the Lot(s) has been lawfully and permanently exported as required by the laws of any country in which it has been located, and you provided the required declarations for the export and import of the Lot(s) and all duties and taxes on the export and import of the Lot(s) have been fully paid;

8.1.8 you have or will pay all duties and taxes on the Sale Proceeds in respect of the Lot(s) and has notified us in writing of any duties and/or taxes that are payable by us on our behalf in any country other than the country of sale;

8.1.9 there are no restrictions, copyright or otherwise, relating to the Lot(s) (other than those imposed by law) and no restrictions on our rights to reproduce photographs or other images of the Lot(s) other than those (if any) of which you have advised us in writing at the time of delivering the Lot(s) to us; and

8.1.10 the Lot(s), if they are electrical or mechanical Lot(s), are in safe operating condition if reasonably used for the purpose it was designed and it is in working order and free from any defect not obvious on external inspection that could prove dangerous to human life or health other than in those respects (if any) of which you have advised us in writing at the time of delivering the Lot(s) to us.

8.2 Notwithstanding any warranty given by you in clause 8.1, we reserve the right to test (and charge you for the cost) any of the electrical or mechanical Lot(s). If the Lot(s) fail to conform to all the applicable safety standards we reserve the right to refuse to sell these Lot(s).

8.3 If we or the Buyer considers any of the warranties given by you in clause 8.1 to be not complied with in any way, we and/or the Buyer may take legal action against you. You undertake to fully indemnify us, our directors, officers, employees, agents and sub-contractors and the Buyer against any loss or damage they incur or suffer in consequence of any breach by you of any of the warranties given in clause 8.1 or any other terms of these Conditions of Business.

8.4 Any representation or statement made by or our behalf of us, whether orally by any of our directors, officers, employees, agents or sub-contractors or printed in any Catalogue, advertisement brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, place of origin or value is opinion only and may be changed prior to the Lot(s) being offered for sale (including whilst the Lot(s) is on public view) and is not to be taken as being or implying any warranty or representation of fact by us. Neither us nor any of our directors, officers, employees, agents or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements, except for any representations made fraudulently.

8.5 Without prejudice to Clause 14, and except as it relates to any liability for death or personal injury resulting from our negligence (liability for which we in no way seek to exclude or limit), our liability for any claim brought against us by you in respect of any Lot(s) shall be limited to the Sale Proceeds for that Lot(s).

9. AT THE SALE OF THE LOT(S) BY US

9.1 All Lot(s) are offered for sale without Reserve unless we receive your written instructions and we agree to it prior to the day of the A.A.A. Auction. If we do not agree, at our sole discretion we can treat the Lot(s) as being withdrawn from sale at the Auction and you will be charged accordingly. Any agreed Reserve shall be: (i) the confidential minimum Hammer Price below which the Lot(s) will not be sold; (ii) no higher than our low presale estimate for the Lot(s) at the time of the relevant Auction; and (iii) subject to 10% discretion.

9.2 Where any Lot(s) is offered for sale subject to an agreed Reserve, the Auctioneer may open the bidding on the Lot(s) below its Reserve by placing a bid on your behalf and may continue to bid on your behalf up to the amount of one bid below the Reserve either by placing consecutive bids or by placing bids in response to other Bidders, although the Auctioneer will not indicate during the Auction that they are making such bids on your behalf.

9.3 Only the Auctioneer is authorised to bid on your behalf for any Lot(s) offered subject to an agreed Reserve or at the Auctioneer’s discretion. We shall not be liable if bids are not received for any Lot(s) at the level of your agreed Reserve but shall be entitled, in our absolute discretion, to sell the Lot(s) below the Reserve and pay you the Sale Proceeds that you would have received if the Lot(s) had sold at the Reserve.

 9.4 You will not in person, online or through a representative except the Auctioneer bid for your own Lot(s) at an A.A.A. Auction. 

OUR TERMS AND CONDITIONS ARE CONTINUED IN THE PRIVACY POLICY HEADING