All Bidders, Buyers and Vendors
Conditions binding on all Bidders, Buyers and Vendors
1. These General Conditions of Sale are issued by Wellers Fine Art Ltd. (referred to in the Conditions as "the Auctioneers").
2. The following Conditions of Sale must be strictly adhered to along with the Important Sale Information which is displayed to bidders on all auction catalogues and in the auction office. The terms shall regulate the sale of each lot to any vendor, bidder and buyer who has been approved by the Auctioneers and shall be considered to have accepted these terms and wishes to be bound by them.
3. The following conditions are binding on all Vendors, Bidders and Buyers:
3.1. The words "Lot" and "Goods" refer to items sold at auction sales conducted by the Auctioneers.
3.2. “The Buyer” shall mean the maker of the highest bid accepted by the Auctioneers whether on the fall of the hammer (when the Hammer Price is achieved) or by private treaty sale.
3.3. “Hammer Price” shall mean the highest bid accepted by the Auctioneers excluding any VAT that may be included thereon.
3.4. “Buyer’s Premium” refers to the premium (plus VAT) which is levied on the Hammer Price of all lots.
3.5. “Internet Premium” refers to the premium (plus VAT) which is levied on the Hammer Price of all lots where bidding is via the Internet.
3.6. “Important Sale Information” means the notes associated with each auction including but not limited to the Health & Safety notes, viewing times, payment details, collection times, the amount of the Online Premium, Buyer’s Premium, VAT chargeable, and any other relevant terms relating to that particular auction and/or sale, and which in all cases are governed by these Terms.
3.7. “Deposit” means the deposit paid by the potential buyer upon Registration of as notified by the Auctioneers in the Important Sale Information.
3.8. “Premises” means the premises in which the auction is taking place, and, where relevant, the location where the individual Vehicles and/or lots under the control of Wellers Fine Art Ltd. are stored.
3.9. “Registration” means all or any one of the following as appropriate:
3.9.1. The payment of the Deposit electronically, or as otherwise notified by the Auctioneers in the relevant Important Sale Information; and
3.9.2. The presentation of 2 forms of identification acceptable to the Auctioneers; and
3.9.3. The completion and submission of the Buyer Registration Form.
3.10. “Buyer Registration Form” means the form to be completed by a potential buyer prior to participating in an auction.
3.11. “Vendor” includes any prospective vendor except where the context otherwise requires.
3.12. “VAT” means Value Added Tax at the current rate which will be charged on lots marked with an *.
4. All persons attend auctions at their own risk; under no circumstances will the Auctioneers nor the vendor be individually or collectively held responsible for any loss or damage caused to individuals or property present on any auction site or premises for any purpose whatsoever.
5. All Buyers shall register at reception to obtain a buyer's bidding card from the Auctioneers' sale office prior to bidding. Every potential Buyer must register their name and address in order to collect their bidding card. No sale will be made to Buyers who do not comply with these provisions.
6. The Important Sale Information will be made available to potential buyers on the Auctioneer’s’ website, in the relevant catalogue, on request, and will be on display at the Premises.
Conditions Regulating the Conduct of the Sale (Bidding)
7. WARNING: All lots are ‘sold as seen’ with all faults and errors in description and quantity and may contain cosmetic imperfections, visible damage or may be beyond economical repair.
7.1. The Auctioneers will always strive to accurately describe any lot (s) that is to be sold however neither the Auctioneers nor Vendor are to be held accountable for any faults and errors or mis-statement of description, measurement, weight, quantity, quality, numbered or otherwise (whether of substantial nature or not). It is strongly advised that the buyer must physically inspect the lot (s) and satisfy themselves regarding the condition of each lot they intend to purchase in advance of any bidding taking place. Buyers should note that certain goods sold at auction are suitable only for spare parts or as scrap. Buyers should check the safety of any mechanical, electrical or technical items purchased before attempting to use them and should take advice from an engineer, electrician or other qualified technical expert as to the fitness of goods for any particular purpose. The Auctioneers cannot accept liability for any damage sustained due to disregard of this warning, except for liability for personal injury or death caused by the negligence of the Auctioneers.
7.2. The purchaser shall be deemed to have inspected the lot he buys and if he buys without previous inspection he shall do so at his own risk. No oral or written representation made prior to or at the time of sale of any lot shall be deemed to be incorporated in such sale nor to have induced any purchaser to bid. The lots are not sold by sample but in any case if a sample shall be displayed it shall be on the understanding that the contract of sale shall contain no implied condition or warranty as to the quality it shall be on the understanding that the contract of sale shall contain no implied warranty as to the quality or fitness or otherwise or that the lots are free from any defects rendering them merchantable or are reasonably fit for the purpose for which they were purchased.
7.3. The Auctioneers where possible will show electrical products powered on however this does not guarantee the functionality or condition of any lot (s) displayed.
7.4. Electrical faults may not always be apparent at the time of processing a lot therefore under no circumstances are the Auctioneers to be held responsible for any faults, mis-description of condition or errors discovered after the fall of the hammer.
8. Lots in any auction that have been physically de-branded/de-badged must remain de-branded.
8.1. In all cases no original trademarks, web images, vendor/clients logos or other intellectual property may be copied or used by the winning bidder under any circumstances.
8.2. Any customers in breach of Clause 2.2 & 2.2.1 risk permanent exclusion from auctions and salerooms.
9. A Buyers Premium is levied on the hammer price on all lots unless stated otherwise. Buyers Premium is subject to the addition of VAT at the current rate on the total unless stated otherwise.
10. An additional Internet Premium + VAT at the current rate will be added to the hammer price if bidding using the online auction platform.
11. The highest accepted bidder, subject to Vendor's Reserve (if any) shall be the Buyer.
12. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgment by the Auctioneers that he acts as agent on behalf of a named principal.
13. The Auctioneers shall have the right, at its discretion, to refuse admission to the Premises or attendance at the auctions of any person.
13.1. The Auctioneers reserve the right to refuse to accept bids from any person, without stating a reason.
14. The Auctioneers reserve the right on behalf of themselves and of the Vendor the following rights:
14.1.1. To set a reserve price.
14.1.2. To bid on behalf of a Vendor, up to the Vendor's reserve price.
14.1.3. To re-arrange, consolidate or withdraw any lots, or vary the order of the sale.
15. The Auctioneers shall not in any circumstances be obliged to announce any reserve price.
16. No person may advance on any bid less than the sum named by the Auctioneers.
17. A Vendor nor agent may bid for a lot owned by him. The Auctioneers alone may do this but only up to the value of the reserve.
18. No bidding may be retracted unless authorised by the Auctioneers.
19. Under no circumstances may the transferring of any lot (s) from individuals or agents to any other parties be allowed.
20. Any lots not taken away on the day following the Sale shall be re-sold by the Auctioneers without hesitation.
21. In the event of the goods resold under Clause 21 not having been paid for in full by the original Buyer, then the original Buyer will remain liable to pay any shortfall.
