CONDITIONS OF SALE
Taylor's Auction Rooms (Montrose) Ltd carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. DEFINITIONS
In these Conditions:
"Auctioneer" means the firm of Taylor's Auction Rooms (Montrose) Ltd or its authorised auctioneer, as appropriate;
"Hammer price" means the level of bidding reached for a Lot (at or above any reserve) when the auctioneer brings down the hammer, or otherwise intimates the completion of the sale of that Lot;
"Terms of consignment" means the stipulated terms and rates of commission on which the auctioneer accepts instructions from sellers or their agents;
"Total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
"Sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to the auctioneer by the seller in whatever capacity and however arising;
"The buyer" means the maker of the highest bid for a Lot at the hammer price, as accepted by the auctioneer conducting the sale;
The singular shall be deemed to include the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER
Bidding procedures and the buyer:
Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
Any dispute over a bid shall be settled at the auctioneer's absolute discretion either by reoffering the Lot during the course of the auction or otherwise.
Bidders shall be deemed to act as principals.
Once made, no bid may be withdrawn.
Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. INCREMENTS
The bidding increments deemed appropriates for any Lot shall be at the auctioneer's sole discretion.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 22% on all Lots. VAT at the current rate will be added to the premium, with payment to the auctioneer as set out in Condition 6. This currently works out at as 26.4% in total.
5. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk in the sale catalogue. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots.
6. PAYMENT
Immediately a Lot is sold the buyer will:
Give to us, if requested, proof of identity, and
Pay to us the total amount due in cash or in such other way as is agreed by us.
Any payments by the buyer to us may be applied by us towards any sums owing from the buyer to us on any account whatever without regard to any directions of the buyer or their agent, whether express or implied.
Payment in full will be due to us no later than 3 weeks after the sale.
Prospective buyers who have not previously bought from auctioneer should contact our Cashier on 01674-672775 at least 72 hours before the sale to avoid delays in clearing purchase for removal
We will accept credit card payment by Visa or Mastercard subject to passing on the card service charge, currently 2% to the buyer
7. TITLE AND COLLECTION OF PURCHASES
The ownership of any Lots purchased shall not pass to the buyer until the buyer has made payment in full to us of the total amount due.
The buyer shall at their own risk and expense take away any Lots that the buyer purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after the buyer shall be responsible for any removal, storage and loss & damage warranty charges.
No purchase can be claimed or removed until it has been paid for.
8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
To proceed against the buyer for damages for breach of contract;
To rescind the sale of that Lot and/or any other Lots sold by us to the buyer;
To resell the Lot (by auction or private treaty) in which case the buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
To remove, store and insure the Lot at the buyers' expense and, in the case of storage, either at our premises or elsewhere. If any item remains uncollected after 6 months they can be re-sold at our discretion.
To charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
To retain that or any other Lot sold to the buyer until payment to us of the total amount due;
To reject or ignore bids from the buyer or their agent at future auctions or to impose conditions before any such bids shall be accepted;
To apply any proceeds of sale of other Lots due or in future becoming due to the buyer towards the settlement of the total amount due and to have a right to retain possession of any of the buyer's property in our possession for any purpose until the debt due is satisfied.
We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.
If any item remains uncollected after 6 months they can be re-sold at our discretion.
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
10. COMMISSION BIDS
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and the buyer that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
12. AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. TERMS OF SALE
The seller acknowledges that Lots are sold subject to the provisions of these Conditions in their entirety and on the Terms of Consignment as notified to the seller at the time of the entry of the entry of the Lot.
14. DESCRIPTIONS AND CONDITION
Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded.
Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
14. BOOKS
Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots estimated at less than ?350.
15. Returns Policy
Should any Lot be sold other than specifically described in terms of appearance or condition, authenticity or originality, the Buyer has 28 days from the date of sale to apply in writing for a refund of the purchase price. Shipping or postal or packaging costs are in every case at the expense of the Buyer, even in the case of a refund of the purchase price being agreed. No refunds for purchases will be made after the 28 day period.
Online Bidding
Taylors Auction Rooms (Montrose) Ltd 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 withTaylors Auction Rooms (Montrose) Ltd:
1. authorise Taylors Auction Rooms (Montrose) Ltd , 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 Taylors Auction Rooms (Montrose) Ltd through www.the-saleroom.com and agree that Taylors Auction Rooms (Montrose) Ltd 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
GENERAL TERMS & CONDITIONS
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
The Law of Scotland shall apply to the interpretation of these Conditions.
