| 1. |
The
Seller warrants to the Auctioneer and to the buyer that he is the
true owner or is the properly authorized to sell the property by
the true owner and is able to transfer good and marketable title
to the property free from any third party claims.
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| 2. |
(a)
The highest bidder to be the buyer. If during the auction the Auctioneer
considers that a dispute has arisen he has absolute authority to
settle it or re-offer the lot. The Auctioneer may at his sole discretion
determine the advance of bidding or refuse a bid, divide any lot,
combine any two or more lots or withdraw any lot without prior notice.
(b)
Where goods are bought at auction by a buyer who has entered into
an agreement with another or others that the other or others (or
some of them) shall abstain from bidding for the goods and the buyer
or other party or one of the other parties is a dealer (as defined
in the Auction Biddings Agreement Act 1927) the buyer warrants that
the goods are bought bona fide on joint account.
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| 3. |
The
buyer shall pay the price at which a lot is knocked down by the
Auctioneer to the buyer (* the hammer price *) together with a premium
of 17.5% of the hammer price, together with Value Added Tax chargeable
in respect of such premium (all of which are hereafter collectively
referred to as "the total sum due"). By making any bid the buyer
acknowledges that his attention has been drawn to the fact that
on the sale of any lot the Auctioneer will receive from the seller
commission at its usual rates in addition to the said premium of
17.5% and assents to the Auctioneer receiving the said commission.
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| 4. |
(a)
The buyer shall forthwith upon the the purchase give in his name
and permanent address and pay to the Auctioneer immediately after
the conclusion of the auction the total sum due.
(b)
The buyer may be required to pay down during the course of the sale
the whole or any part of the total sum due, and if he fails to do
so after such request the lot or lots may at the Auctioneer's absolute
discretion be put again and resold immediately.
(c)
The buyer shall at his own expense take away any lot or lots purchased
no later than five working days after the auction day.
(d)
The Auctioneer may at his own discretion agree credit terms with
a buyer and extend the time limits for collection in special cases
but otherwise payment shall be deemed to have been made only after
the Auctioneer has received cash or a sterling bankers draft of
the buyer's cheque has been cleared.
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| 5. |
(a)
If the buyer fails to pay for or take away any lot or lots pursuant
to clause 4 or breaches any other condition of that clause the Auctioneer
as agent for the seller shall be entitled after consultation with
the seller to exercise one or other of the following rights:
| (i) |
Rescind
the sale of that or any other lots sold to the buyer who defaults
and re-sell the lot or lots whereupon the defaulting buyer
shall pay to the Auctioneer any shortfall between the proceeds
of that sale after deduction of costs of re-sale and the total
sum due. Any surplus shall belong to the seller.
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| (ii) |
Proceed
for damages for breach of contract.
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(b)
Without prejudice to the Auctioneer's rights hereunder if any lots
or lots are not collected within five days or such longer period
as the Auctioneer may have agreed otherwise, the Auctioneer may
charge the buyer a storage charge of £1.00 per lot per day.
(c)
Ownership of the lot purchased shall not pass to the buyer until
he has paid to the Auctioneer the total sum due.
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| 6. |
(a)
The seller shall be entitled to place a reserve on any lot and the
Auctioneer shall have the right to bid on behalf of the seller for
any lot on which a reserve has been placed. A seller may not bid
on any lot on which a reserve has been placed.
(b)
Where any lot fails to sell, the Auctioneer shall notify the seller
accordingly. The seller shall make arrangements either to re-offer
the lot for sale or to collect the lot and may be asked to pay a
commission not exceeding 50% of the selling commission and any special
expenses incurred in cataloguing the lot.
(c)
If such arrangements are not made within seven days of the notification
the Auctioneer is empowered to sell the lot by auction or by private
treaty at not less than the reserve price and to receive from the
seller the normal selling commission and special expenses.
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| 7. |
Any
representation or statement by the Auctioneer in any catalogue,
brochure or advertisement of forthcoming sales as to authorship,
attribution, genuineness, origin, date, age, provenance, condition
or estimated selling price is a statement of opinion only. Every
person interested should exercise and rely on his own judgment as
to such matters and neither the Auctioneer nor his servants or agents
are responsible for the correctness of such opinions. No warranty
whatsoever is given by the Auctioneer or the seller in respect of
any lot and any express or implied warranties are hereby excluded.
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| 8. |
(a)
Notwithstanding any other terms of these conditions, if within fourteen
days of the sale the Auctioneer has received from the buyer of any
lot notice in writing that in his view the lot is deliberate forgery
and within fourteen days after such notification the buyer returns
the same to the Auctioneer in the same condition as at the time
of the sale and satisfies the Auctioneer that considered in the
light of the entry in the catalogue the lot is a deliberate forgery
then the sale of the lot will be rescinded and the purchase price
of the same refunded. "A deliberate forgery" means a lot made with
intention to deceive.
(b)
A buyer's claim under this condition shall be limited to any amount
paid to the Auctioneer for the lot and for the purpose of this condition
the buyer shall be the person to whom the original invoice was made
out by the Auctioneer.
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| 9. |
Lots
may be removed during the sale after full settlement in accordance
with 4(d) hereof.
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| 10. |
All
goods delivered to the Auctioneer's premises will be deemed to be
delivered for sale by auction unless otherwise stated in writing
and will be catalogue and sold at the Auctioneer's discretion and
accepted by the Auctioneer subject to all these conditions. By delivering
the goods to the Auctioneer for inclusion in his auction sales each
seller acknowledges that he/she accepts and agrees to all the conditions.
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| 11. |
(a)
Unless otherwise instructed in writing all goods on the Auctioneer's
premises and in their custody will be held insured against the risks
of fire, burglary, water damage and accidental breakage or damage
for which insurance the Auctioneer will charge a premium of £1 per
£100. The value of the goods so covered will be the hammer price,
or in the case of unsold lots the best bid, or in the case of loss
or damage prior to the sale that which the specialized staff of
the Auctioneer shall in their absolute discretion estimate to be
the auction value of such goods.
(b)
The Auctioneer shall not be responsible for damage to or the loss,
theft, or destruction of any goods not so insured because of the
owners written instructions.
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| 12. |
The
Auctioneer shall remit the proceeds of the sale to the seller no
later than twenty-eight days after the day of the auction provided
that the Auctioneer has received the total sum due from the buyer.
In all other cases the Auctioneer will remit the proceeds of sale
to the seller within seven days of the receipt by the Auctioneer
of the total sum due. The Auctioneer shall not be deemed to have
received the total sum due until after any cheque delivered by the
buyer has been cleared. In the event of the Auctioneer exercising
his right to rescind the sale his obligation to the seller hereunder
lapses.
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| 13. |
In
the case of the seller withdrawing instructions to the Auctioneer
to sell any lot or lots, the Auctioneer may charge a fee of 12.5%
of the Auctioneer's middle estimate of the auction price of the
lot withdrawn together with Value Added Tax thereon and any expenses
incurred in respect of the lot or lots.
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| 14. |
These
conditions shall be governed by and construed in accordance with
English Law.
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