Ma San Auction Ltd
General Conditions of Sale
We are Ma San Auction Ltd, registered in England with company number 10476556 whose registered office address is Kelso Villa, Kelso Place, Upper Bristol Road, Bath, Somerset BA1 3AU. These are our terms and conditions of sale.
1 Basis of Auction
1.1 If you purchase any products from our auctions, you are deemed to have accepted these auction conditions (“Conditions”).
1.2 These Conditions apply to the exclusion of anything you are told verbally and may only be varied by written agreement signed by us and you.
1.3 We may cancel the auction or change its date, time or location, or change the items for sale.
1.4 To the extent permitted by law, we owe you no duty of care and have no liability to you.
1.5 We act only as the sellers’ agent and we are not responsible for any defect in any item or for any breach of contract by the seller.
2.1 In order to participate in any auction, you must first register with us, via our website,www.masanauction.com, or by calling us on 01225 318587 or e-mailing us at firstname.lastname@example.org. We will require your contact and payment details, as well as copies of your photo and address identification documents. We will notify you if and when your registration have been successful. We may reject any application without explanation.
2.2 Once your registration is completed, you will be given a buying number for use at the auction.
3.1 We determine what goes into each lot and reserve the right to change this during the auction. As an example only, we may separate a lot out if it does not sell as a whole or withdraw a lot completely without explanation. We may also combine or divide lots or change their order of sale.
3.2 We may sell any lot prior to the auction.
4.1 We take reasonable care to prepare an accurate description of each item. However we sell items as agent for the sellers and the information we provide, in any form including in the catalogue and at the auction is based on the information we have received, for which we cannot be liable. You cannot rely on this information (whether provided in writing or orally) and you need to verify the information for yourself.
4.2 If any documentation is provided with an item, this is on the basis that we have received it from another person and neither we nor the seller can be liable for its accuracy or completeness.
4.3 Whether you bid in person, by an agent or by electronic means and whether or not you inspect the item, you are deemed to bid with full knowledge of the item, its physical condition and any other information that could reasonably be discovered on inspection of that item.
4.4 We shall not be responsible in any respect for any fault, deficiency or error in any description, oral or printed, and we do not accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any lot. You must take the item as it is at the auction and neither we nor the sellers are liable for the condition of any item nor for whether it is fit for purpose.
4.5 On request, we may (but are not obliged to) provide a condition report on an item. All measurements provided are approximate, and image colour and quality may not be accurate. Any report we provide is given as an opinion only and does not purport to be a statement or representation of fact.
5 Bidding process
5.1 All bids are to be made in pounds sterling, exclusive of any fees and applicable value added tax (“VAT”).
5.2 Unless stated otherwise, each lot is subject to a reserve price. The lot will be withdrawn if the reserve price (or higher) is not bid.
5.3 The seller is entitled to bid up to (but no higher than) the reserve price. Our employees are entitled to bid for lots in their own personal capacity.
5.4 The highest bidder for each lot shall be the buyer. In the event of any dispute, we shall have absolute discretion to either settle such dispute in any form we see fit, withdraw the lot, or re-offer the lot, either at the same or a future auction.
5.5 You can only bid at the amounts named by us and you cannot retract a bid.
5.6 Any guide price is a guide only and not an estimate of value, and bids may far exceed this.
5.7 We reserve the right to refuse any bid without explanation.
5.8 Our decision on the conduct of the auction is final.
6 Bidding methods
6.1 If you are unable to attend the auction in person, you may bid online via saleroom.com, as long as you are registered with us first. If you do so, you will be required to provide your credit card details and by doing so, you will be authorising the disclosure of your payment details to us and authorising us to charge the full payment due to us (for the item, fees, VAT and shipping) to that card for items successfully bid at an auction. You will also be authorising us to arrange shipping to the card holder’s address at your expense and on your behalf.
6.2 Online Bidding
Ma San Auction offers an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Ma San Auction, you:
1. authorise Ma San Auction , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
2. confirm that you are authorised to provide these credit card details to Ma San Auction through www.the-saleroom.com and agree that Ma San Auction are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.
6.3 If you are unable to attend the auction in person or online, you may leave a bid with us in advance, as long as you are registered with us first.
6.4 You may also bid by telephone during a live auction, as long as you are registered with us first and notify us at least four hours before the auction starts, that you would like to bid on that item.
6.5 We shall not be responsible if you are unavailable at the time of the relevant sale or if your telephone or internet connection is interrupted at that time.
7 Contract and payment
7.1 The successful bid is usually confirmed at the fall of the hammer, at which time you automatically become bound to pay us.
7.2 If you make the successful bid, you are obliged to buy the items at that price plus VAT if applicable, on and subject to these conditions, and before you leave the auction, you must provide us with all the information we reasonably need from you to enable us to release the item to you and pay the price to us in cleared funds.
7.3 If you fail to comply with clause 7.2, we may, at our discretion, re-auction the item or entitle the seller to make a claim against you for breach of contract. Either way, you will have to reimburse us and the seller for all losses caused by your breach, plus interest, costs, charges and expenses, which may include, amongst other things, the difference between your successful bid and any lower successful bid that we achieve on re-auctioning the item.
7.4 If you are acting as agent for another buyer, you will still be personally liable to us for the full payment due. If we are aware that you are acting as agent, you may be jointly and severally liable with your principal.
7.5 No damage to the item, or its destruction or deterioration, howsoever caused, will entitle you to any reduction in price or any refusal to pay.
7.6 All items are subject to a buyer’s premium at 20% plus VAT, which will be charged on top of the successful bidding price. For bids over £500,000 the buyer’s premium is 10% plus VAT.
7.7 Payment is due in full and cleared funds immediately after the auction, in pounds sterling. No items will be released to you without receipt of full payment in cleared funds. This means that there may be delay in releasing the item to you, depending on your method of payment. Our preferred payment methods are bank transfer, debit or credit card or cash (for amounts up to £10,000 only). Please note that we do not accept cheques.
7.8 Some items may be subject to VAT, particularly in relation to buyers outside the European Union, in which case this will be charge on top of the bid price.
7.9 We charge an additional 3% plus VAT buyer’s premium on online bids.
Regardless of when payment is made or the goods released to you, each lot shall be at your sole risk from the moment the hammer falls. You will be responsible for its condition thereafter and for all removal and shipping arrangements.
9 Release of items to you
9.1 We do not pack or send/dispatch any lots bought from our sales, but you may wish to use the following service provider for this:
Mail Boxes Etc Bath
3 Edgar Buildings,
George Street, Bath BA1 2FJ
t: 01225 483 777
f: 01225 483 666
9.2 Any use of this or any other service provider is entirely at your risk and done on your behalf. We do not accept any responsibility for their actions or omissions.
9.3 We will not accept any liability for the items, nor will our employees, if we agree to store them immediately after the sale until they are collected or shipped.
9.4 We will not pack any products ourselves for shipping or collection – this must be done by you or the service provider on your behalf.
9.5 It is your sole responsibility to comply with all export and import regulations relating to items you purchase.
10.1 You attend the auction at your own risk and, subject to our negligence causing personal injury or death, we shall not be liable for any accidents that happen or injuries sustained at the auction.
10.2 Any person who damages a lot will be held liable for the loss caused.
11 Our Liability
11.1 Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, our fraud or any other liability which cannot be limited or excluded by law.
11.2 Subject to clause 11.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with these Conditions for:
(a) loss of profit (whether direct or indirect);
(b) loss of sales or business;
(c) loss of savings;
(d) loss of or damage to goodwill; or
(e) any indirect or consequential loss.
11.3 Subject to clause 11.1, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, arising under or in connection with these Conditions shall be limited to the buyer’s premium you have paid.
12 General Terms
12.1 Unless you notify us in writing to the contrary, you hereby consent to us using any contact details that we obtain from you in marketing issued directly from us.
12.2 You cannot assign your rights under the Conditions to anyone else without our written consent.
12.3 These Conditions, along with the successful bidding price, constitute the entire agreement between us and supersede any previous or concurrent agreements, conversations, assurances or understandings between us, whether written or oral.
12.4 In the event that any provision in these Conditions is or become invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If this is not possible, the relevant provision shall be deleted. Any modification or deletion shall not affect the rest of these Conditions.
12.5 Our rights and remedies set out in these Conditions are in addition to, and not exclusive of, any rights or remedies provided at law.
12.6 If you are a joint bidder or share a buying number with another person, you will be joint and severally liable for your obligations under these Conditions.
12.7 You shall not have any claim against us, our employees or contractors, or the seller for innocent or negligent misrepresentation or negligent misstatement.
12.8 Only you and we can enforce these Conditions, and no other person can do so under the Contracts (Rights of Third Parties) Act 1999.
12.9 We reserve the right to amend these Conditions in any way at any time except during a live auction.
12.10 These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and we and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.