Author's terms and conditions
Any names that are offensive or derogatory will not be considered. The author reserves the right to decline to use the winning name. In such instances winning bids will be refunded.
The author reserves the right to name the character after a major or a minor character, sympathetic or otherwise.
Conditions of business
The nature of the relationship between the Charity, as seller and a Bidder and the terms on which the auction is held are set out below.
The purpose of the auction is for the Charity to raise funds for its charitable purposes.
Bidders’ attention is specifically drawn to Conditions 3,4,12 and 13, which require a Bidder to investigate Lots prior to bidding, contain specific limitations and exclusions of the legal liability of the Charity, and detail the specific restrictions on the use of the Lots following purchase.
Bidders, as prospective purchasers, should familiarise themselves with these Conditions generally, but pay particular attention to Conditions 3,4,12 and 13.
“Auctioneer” is the individual(s) conducting the auction;
“Bidder” is any person considering, making or attempting to make a bid, by whatever means, and includes Buyers;
“Buyer” is the person that makes the highest bid or the winning bid accepted by the Auctioneer. The Buyer can bid in person or instruct an agent to do so on their behalf;
“Charity” – National Literacy Trust, Registered Charity Number 1116260 (England and Wales), SC042944 (Scotland), registered address: 68 South Lambeth Road, London SW8 1RL, who are offering a Lot for sale;
“Hammer Price” means the final bid price announced by the Auctioneer at the fall of the Auctioneer’s hammer, or in the case of a post-auction sale, the price agreed between the Charity and the Buyer;
“Intellectual Property Rights” are any patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
"Lot" means an item to be offered for sale at the auction, or any items to be offered for sale together at the auction for one price;
“New Party” any party to which the Buyer may pass the title of a Lot;
“Purchase Price” is the Hammer Price for any Lot sold;
“Reserve” is the confidential minimum Hammer Price in respect of each Lot below which such Lot cannot be sold, subject to the Charity's discretion set out in condition 6 (a).
2. Charity's Representations and Warranties regarding the Lots
The Charity represents and warrants that it has:
(a) good title to the Lots with the right to transfer ownership to the Buyer free from all restrictions or rights or claims by anyone else, save for any Intellectual Property Rights as specified in condition 13;
(c) subject always to condition 4 (a), disclosed to Bidder’s all information of which it is aware relating to the condition, authorship or ownership history of each Lot together with all facts of which the Charity is aware which might materially affect the sale or value of the Lots.
3. Duties of Bidders and the Charity in respect of items for sale
(a) The Charity shall have have sole discretion to decide the way in which Lots are exhibited, marketed or described, including but not limited to at the auction site or in any sales literature relating to the sale of the Lot. It is the responsibility of the Bidder to satisfy themselves as to the accuracy of any description applied to a Lot prior to bidding for that Lot.
b) The Charity may, at its sole discretion, change the date of the auction, such change shall not affect these conditions of sale which shall continue to apply on whatever date the auction takes place.
(b) Information provided to Bidders in respect of any Lot by the Charity, including any Estimate, whether written or oral and including information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather is a statement of opinion reasonably held by the Charity. Such opinions and statements do not amount to a representation, warranty or assumption of liability of any kind by the Charity. Any estimate may not be relied on as a prediction of the selling price or value of the Lot and may be revised from time to time.
(e) No representations or warranties are made by the Charity as to whether any Lot is subject to copyright or whether the Buyer acquires copyright in any Lot.
4. Exclusions and limitations of liability of the Charity
(a) In the light of the matters in Condition 3 above and subject to Condition 4(c) and to the extent permitted by applicable law, the Charity, its officers, employees or agents:
(I) are not liable for any errors or omissions in the information provided to the Bidder, whether orally or in writing, whether negligent or otherwise;
(II) do not accept any responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by the Charity in connection with the conduct of auctions or for any matter relating to the sale of any Lot.
(b) Without prejudice to Condition 4(c), any claim against the Charity by a Bidder is limited to the Purchase Price with regard to that Lot. The Charity, or any of its officers, employees or agents, shall not under any circumstances be liable for any consequential losses.
(c) None of this Condition 4 shall exclude or limit the Charity’s liability in respect of any fraudulent misrepresentation made by the Charity, or in respect of death or personal injury caused by the negligent acts or omissions of the Charity.
5. Bidding at Auction
(a) The Charity shall have sole discretion to decide which persons are permitted to take part in the auction (whether in person or not). The Charity has absolute discretion to refuse admission to the auction. Bidders act as principal unless they have the Charity’s prior written consent to bid as agent for another party. Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as agent.
(b) The Charity advises Bidders to attend the auction if possible but will seek to accept online bids that are submitted in pound sterling and that in the Charity‘s opinion, are clear (in terms of the value of the bid and the Lot to which they apply) and are received sufficiently in advance of the sale of the Lot. If identical bids are received for the same Lot which are higher than any of the bids received for that Lot at the auction and at least match the Reserve, the Lot will be sold to the person whose online bid was received and accepted first. The Charity does not accept any liability for failing to execute an online bid or for errors and omissions in connection with it.
6. Conduct of the Auction
(a) The Auctioneer shall have discretion to decide which bids should be accepted. The Auctioneer has discretion at any time to refuse any bid, withdraw any Lot, re-offer a Lot for sale (including after the fall of the hammer) if he believes there may be error or dispute, and take such other action as he reasonably thinks fit. In the case of dispute over which Bidder's bid has been accepted for a particular Lot, the sale record of the Charity shall be conclusive.
(b) The Auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of the Charity up to the Reserve on the Lot, either by placing consecutive bids or by placing bids in response to Bidders, without indicating he is doing so and whether or not other bids are being placed by Bidders.
(c) Subject to Condition 6(b), the contract between the Buyer and the Charity is concluded on the striking of the Auctioneer’s hammer, whereupon the Buyer becomes liable to pay the Purchase Price. The Charity cannot be held responsible in the event that a Bidder bids for a Lot in error, such bid being successful and establishing the Purchase Price to be paid. In such circumstances, the Charity shall have the right to enforce the contract against the Bidder and require payment of the Purchase Price in accordance with condition 7 below.
(d) Any post-auction sale of Lots offered at auction shall incorporate these Conditions of Business as if sold in the auction room.
7. Payment and Collection
(a) The Buyer's obligation to pay the Purchase Price arises on the fall of the Auctioneer’s hammer in respect of the Lot, at which point a contract for sale between the Charity and the Buyer shall be formed. Risk in the Lot shall pass to the Buyer upon delivery to or collection of the Lot by the Buyer, and in any event within 7 calendar days of the contract for sale being formed unless expressly agreed otherwise between the Buyer and the Charity.
(b) Unless agreed in writing with you by the Charity, you must pay all sums to the Charity, including all applicable taxes, plus all other applicable charges, in the currency in which the sale was conducted immediately upon winning the Lot and you must ensure that the funds are cleared by the 7th calendar day after the sale. Payment must be made to the Charity by cheque, bankers draft, cash, credit card or debit card unless otherwise agreed with you in writing by the Charity. There will be a 3% charge for payment by credit card. AmEx and JCB cards are not accepted. If you do not pay any sums due in accordance with this clause, the Charity will have the rights to withhold the Lot.
(c) Title in a purchased Lot will not pass until the Charity has received the Purchase Price for that Lot in cleared funds. The Charity is not obliged to release a Lot to the Buyer until the title of the Lot has passed. Any earlier release does not affect the passing of title or the Buyer’s unconditional obligation to pay the Purchase Price.
(d) The Buyer is responsible for organising delivery or collection of their purchased Lots, which must take place within 7 calendar days of the funds for the full Purchase Price clearing unless otherwise agreed in writing with the Charity. The Buyer will be responsible for paying the daily storage cost of £50 per day from the 6th calendar day after the Charity has received the full Purchase Price in cleared funds. Failure to arrange for collection or delivery of a Lot within 7 calendar days of the full Purchase Price in cleared funds being received by the Charity, unless a written agreement has been made with the Charity prior to this date, could result in the Charity retaining the title of the Lot and the decision regarding this will be at the Charity’s discretion.
8. Failure to pay for the Lot
(a) If the Purchase Price for a Lot is not paid to the Charity in full in accordance with the contract incorporating these conditions, the Charity will be entitled, without further notice to you, to exercise one or more of the following rights:
(1) To terminate immediately the contract for sale of the Lot for your breach of contract;
(2) To re-sell the Lot by auction, private treaty or any other means that the Charity shall determine at its sole discretion on giving seven [calendar] days written notice to you of the intention to resell;
(3) To retain possession of the Lot;
(4) To remove and store the Lot at your expense;
(5) To hold the defaulting Buyer liable for the total amount due and to take legal proceedings against you for any sum due under the contract for sale and/or damages for the breach of contract, including but not limited to any interest, legal fees, storage costs and all other costs associated with your failure to pay, to the fullest extent permitted under applicable law;
(6) To be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per annum above the base rate of Lloyds Bank from time to time to be calculated on a daily basis from the date upon which said monies become payable until the date of the actual payment;
(7) To repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless the Buyer buys the Lot as a consumer from the Charity selling in the course of a business) you hereby grant an irrevocable licence to the Charity by yourself and your servants or agents to enter upon all or any of your premises (with or without vehicles) during normal business hours to take possession of the Lot or part thereof;
(8) To retain possession of any other property sold to you by the Charity at the sale or any other auction or by private treaty until all sums due under the contract of sale shall have been paid in full in cleared funds;
(9) To retain possession of, and on three months' written notice to sell, without reserve, any of your other property in the possession of the Charity (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such sale in satisfaction or part satisfaction of any amounts owed to the Charity;
(10) So long as such goods remain in the possession of the Charity, to rescind the contract for the sale of any other goods sold to you by the Charity at the sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the Charity by you.
(b) You agree to indemnify the Charity against all legal and other costs of enforcement, all losses and other Buyer's Expenses and costs (including any monies payable to the Charity in order to obtain the release of the Lot) incurred by the Charity (whether or not court proceedings will have to be issued) as a result of the Charity taking steps under this condition 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in condition 8 (a)(6) from the date upon which the Charity becomes liable to pay the same until payment by you.
(c) On any re-sale of the Lot under clause 8(a)(2), the Charity will account to you in respect of any balance remaining from any monies received by the Charity or on the Charity's behalf in respect of the Lot, after the payment of all sums due within 28 days of receipt of such monies by the Charity or on the Charity's behalf.
9. The Charity’s liability
(a) The Charity, or any of our officers, employees or agents, will not be liable for any injury, loss or damage caused by the Lot after the fall of the Auctioneer’s hammer in respect of the Lot.
(b) The Charity will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967, or in any other way) for any lack of conformity with, or inaccuracy of the Lot or any entry or Estimate in relation to the Lot.
(a) Should any provision of these Conditions of Business be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(b) These Conditions of Business are not assignable by any Buyer without the Charity’s prior written consent, but are binding on Buyers’ successors, assigns and representatives.
(c) No act, omission, failure or delay by the Charity to exercise any right, power, or remedy will operate as or be deemed to be a waiver or release of it, nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
(d) These Conditions of Business contain the whole agreement between the Charity and you and supersedes any prior written or oral agreement between us. These Conditions of Business have not been entered into on the basis of any representations that are not expressly incorporated in this agreement.
11. Law and Jurisdiction
(a) Governing Law
These Conditions of Business and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with English law.
For the benefit of the Charity, all Bidders agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Business relate or apply.
(c) Service of Process
All Bidders irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by English law, the law of the place of service or the law of the jurisdiction where proceedings are instituted, at the last address of the Buyer known to the Charity or any other usual address.
12. Restrictions on the use of purchased Lots
(a) The Buyer shall not, and shall procure that any New Party shall not, do, or omit to do, or permit to be done at any time any act:
(i) that uses the Lot to further any political, quasi-political or charitable objectives;
(ii) that associates the Lot with any political, quasi-political or charitable campaign or objectives; or
(iii) (in connection with the Lot) that negatively impacts on the reputation of the Charity or which damages the reputation or goodwill associated with the Lot or the Charity.
(b) The Buyer shall indemnify the Charity against all liabilities, costs, expenses, damages and losses (including any direct losses, indirect losses, consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Charity arising out of or in connection with the use of the Lot by the Buyer, a New Party or any third party or any breach by the Buyer of this clause 12.
13. Intellectual Property Rights
(a) The Buyer acknowledges and agrees that no Intellectual Property Rights in the Lot will pass to the Buyer as a result of the Buyer’s purchase of the Lot. All Intellectual Property Rights in the Lot will remain with the Charity or the Charity’s licensors.
(b) The Buyer acknowledges and agrees that no licences in respect of any Intellectual Property Rights will be granted to the Buyer as a result of the Buyer’s purchase of the Lot.
(c) All goodwill associated with the Lot (both at the time of the auction and afterwards) shall belong to the Charity. The Charity may at any time call on the Buyer to execute a confirmatory assignment of any goodwill associated with the Lot and the Buyer shall execute it forthwith.
(d) The Buyer acknowledges and agrees that they will not, through their ownership, possession or use of a Lot, in any way associate or connect themselves with or utilize any of the Intellectual Property Rights featuring on the Lot, unless where expressly permitted to do by the owner of the relevant Intellectual Property Rights.