DEFECTS ARE NOT STATED ALL LOTS ARE SOLD AS SEEN
1. Every sale and these conditions of sale shall be governed by and constructed in accordance with English Law and shall be subject to the jurisdiction of English Courts
2. Stroud Auction Rooms Ltd act as agents only in respect of goods delivered for the purpose of sale and herein shall been known as the ‘Auctioneers’ . Persons instructing Stroud Auction Rooms Ltd to sell goods are herein known as ‘Vendors’. Persons who have acquired lots offered for sale by Stroud Auction Rooms Ltd shall herein be known as the ‘Purchasers’.
3. All persons attending a sale under the conduct of the Auctioneers - whether at their saleroom or elsewhere - shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principles in respect of the cancellation / postponement of a sale or any loss, accident or injury to themselves or any property however occurred in so far that the same is proven to have been caused by direct negligence of an employee(s) of the firm
4. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements , catalogue descriptions and any other publicity but except where specifically instructed so to by a Vendor, declare that all statements , oral or in writing are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Purchaser, against any Vendor, the Auctioneer or their employees.
5. Many lots are of an age or nature which preclude their being in pristine condition. Some catalogue descriptions may make reference to damage and or restoration, however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others. Purchasers should, therefore, satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description - as lots are sold in their actual state with all faults, imperfections or errors of description.
6. Electrical / Mechanical goods are sold on the strict understanding that these are without warranty or any other guarantee as to their serviceability or working order.
7. In making a bid, purchasers acknowledge their attention has been drawn to theses conditions of sale and that they are satisfied as to the description and condition of lots.
8. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained ; each estimate of cost to be assessed by the Auctioneers whose decision is final.
9. Lots are sold subject to any announcements, declaration, alterations of description or other matters, made by the Auctioneers prior to the invitation of bids.
10. At the fall of the hammer, the highest bidder, acceptable to the Auctioneer, shall be the purchaser and any dispute shall be settled by the Auctioneers whose decision shall be final. NO LOTS SHALL BE TRANSFERRED
11. The Auctioneer may divide, combine, add or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject (at their absolute discretion and without justification) and bid on behalf of vendors, where there is a reserve price or at their authorised discretion.
12. Prospective purchasers must register their full name and address with the auctioneers before bidding. They will then be issued with a number card which must be shown every time they make a successful bid. Upon failure to do so, the Auctioneer may re-offer the lot at their sole discretion . (Proof of identity may be required)
13. As Agents only the auctioneers shall not be held responsible for the default on the part of Vendors or Purchasers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for the liquidated damages. This condition is, however, without prejudice to interest, costs and expenses shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is however, without prejudice to the rights of the auctioneer, in appropriate circumstances to enforce the sale contract if they see fit
14. The contract of sale is made with the Auctioneer, as the agents for the Vendor and payment shall be made only to the Auctioneer. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the purchaser until full payment has been received
15. Payment in full must be made using:
- 1. Credit / Debit Card - Not accepted over the telephone.
- 2. Cash
- 3. Bank Transfer
- 4. PAYPAL CHEQUES ARE NOT AN ACCEPTED FORM OF PAYMENT
16. At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the purchaser including those of fire, theft, burglary or any other damaged caused unless by the direct negligence of the firm or any employees.
17. Purchasers shall pay for and remove all goods at their own risk and expense immediately following the sale; 72 hours after the day of sale lots shall be subject to a storage charges. NON-PAYMENT OR FAILURE TO COLLECT Stroud Auction Rooms be entitled to exercise one or more of the following remedies.
-issue legal proceedings against the Buyer for damages or breach of contract.
-rescind the sale of the lot and re-sell the lot by Auction, private treaty or any other means
-Charge the buyer all the charges and expenses of the resale
-Remove, store and insure the lot at the expense of the buyer
- charge interest on the purchase price at a rate of 4% per month to the extent that it remains unpaid for more than 5 days after the date of the auction;
-take payment via contra from any sold goods
-reject or ignore any bids made by or on behalf of the defaulting buyer at any future auction or obtain a deposit before accepting any bids from the buyer in the future In all cases the Auctioneers may act without notice.
18. Notwithstanding any other terms in these conditions of sale, if within seven days of a sale; a purchaser gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or other printed matter) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns lots to the auctioneers in the same condition as it was at the time of sale - and by producing evidence, the burden of proof being on the purchaser - satisfies the auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to do so and will rescind the transaction and refund the purchase price received by them, this benefit is not assignable In the context of a ‘Deliberate Forgery’ means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of the sale had a value substantially less than that it would have had, had it been in accordance with the description. However, there will be no right where the catalogue description, at the time of sale, was in accordance with the general opinion of experts, or fairly indicated there to be a conflict of opinion of experts. Stroud Auctions Ltd reserve the right in forming their own opinion and to consult and rely upon the expert or authority considered by them to be reliable and trustworthy
19. The Auctioneers are prepared to accept commission bids on behalf of intending purchasers, unable to attend at the time of the sale, providing requests are made in writing up to half an hour before the start of the Sale and given to the Auctioneers. Bids will not be accepted via answer phone. Any bids entered after the start of the sale are under no guarantee of being entered. This service is undertaken free of charge. The auctioneers cannot be held responsible for, nor are they connected with commission bids given to porters.
20. A buyers premium of 18% is payable by all purchasers and is subject to VAT at the prevailing rate.
21. Live Internet bids incur an additional 5% plus VAT.
