Bobby

Conditions of Sale

The Sussex Cricket Museum (SCM) acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and buyer.

The nature of the lots sold in this auction is such that they will rarely be in perfect condition, and are likely, due to their nature and age, to show signs of wear and tear, damage, other imperfections, restoration or repair. Any reference to condition in the catalogue entry will not amount to a full description of condition. Measurements given in the catalogue for paintings, drawings and prints are usually of the image but should be regarded as approximations. 

Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose.

Prospective buyers who wish to bid in the saleroom can register online in advance of the sale by emailing jonfilby@blueyonder.co.uk or can come to the saleroom on the day of the sale before the start of such sale and register in person. Prospective buyers must complete and sign a registration form with his or her name and permanent address, and provide identification before bidding. SCM may require the production of bank details from which payment will be made.

When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer’s premium of 12%. Payment will be accepted by cash, debit or credit card. Buyers paying with a credit card will incur a 3% surcharge to cover the cost of this method of purchase.

Those bidding on the internet see section headed Online bidding.  

SCM will use all reasonable efforts to carry out written bids delivered to SCM prior to the sale for the convenience of bidders who are not present at the auction in person. If SCM receives written bids on a particular lot for identical amounts, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received and accepted first. 

If a prospective buyer makes arrangements with SCM prior to the commencement of the sale SCM will use reasonable efforts to contact them to enable them to participate in the bidding by telephone but SCM does not accept liability for failure to do so or for errors and omissions in connection with telephone bidding arising from circumstances beyond our reasonable control.

Unless otherwise indicated, all lots with a lower estimate of £100 or more are offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.

The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he may decide, withdrawing or dividing any lot, combining any two or more lots and, in the case of error or dispute, and whether during or after the sale, determining the successful bidder, continuing the bidding, cancelling the sale or reoffering and selling the item in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive. 

Subject to the auctioneer’s reasonable discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer. 

In addition to the hammer price, the buyer agrees to pay the Sussex Cricket Museum the buyer’s premium. The buyer’s premium is 12% of the final bid price of each lot. The buyer must pay the full amount due immediately after the sale. The buyer will not acquire title to the lot until all amounts due to SCM from the buyer have been received by SCM in good cleared funds even in circumstances where SCM has released the lot to the buyer.

If the buyer fails to make payment in full in good cleared funds within 7 days after the sale, SCM shall have the right to exercise a number of legal rights and remedies. These include but are not limited to (a) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest at 5% per annum, legal fees and costs to the fullest extent permitted under applicable law. (b) To cancel the sale. (c) To resell the property publicly or privately on such terms as we shall think fit. (d) To pay the seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting buyer. (e) To take such other action as SCM deems necessary or appropriate.

The buyer may request SCM to pack, post or deliver lots purchased to their premises at a cost agreed between the buyer and SCM. 

Where purchases are not collected within two calendar days from the date of the sale, whether or not payment has been made, SCM shall be permitted to remove the property to a third party warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage, handling, and any other costs reasonably incurred, together with payment of all other amounts due to SCM. 

Online bidding

SCM offer 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 SCM you:

Authorise SCM if it so wishes 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 confirm that you are authorised to provide these credit card details to SCM through www.the-saleroom.com and agree that SCM is entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

 There will be a buyer’s premium of 17% for those purchasing online.