Terms & Conditions
These Terms & Conditions (“Conditions”) set out the legal framework governing all
auctions conducted by Belmont Auction Ltd (“Belmont”, “we”, “us”, “our”). By
registering to bid, attending an auction, or purchasing through us, you agree to be legally
bound by these Conditions in their entirety.
All transactions and activities under these Conditions are governed by the laws of
England and Wales. Belmont, the Seller, and the Buyer each agree to submit to the
exclusive jurisdiction of the courts of England and Wales.
Auction Conditions
The Conditions are structured as follows:
(a) the Glossary (definitions of specific terms used herein);
(b) the Auction Conduct Conditions (rules relating to bidding and auction procedures);
and
(c) the Sale Conditions (including any Special Conditions that may apply to a specific
Lot).
To ensure clarity and consistency, the following words and expressions (shown in
CAPITALS throughout these Conditions) shall have the meanings set out below. Unless
otherwise stated: singular includes plural (and vice versa); references to one gender
include all genders; and references to legislation include amendments, updates, or re-
enactments in force at the Auction or Contract Date.
Glossary of Defined Terms
ACTUAL COMPLETION DATE – The date on which Completion legally takes place (or is
deemed to take place) for the purpose of apportionments, interest, and transfer of risk.
AGREED COMPLETION DATE – (a) the date specified in the Special Conditions; or (b) if
no date is specified, 20 Business Days after the Contract Date (or the next Business Day
if that falls on a weekend or public holiday).
APPROVED FINANCIAL INSTITUTION – A UK-based bank or building society regulated by
the relevant authority, or another institution approved by Belmont.
ARREARS – Outstanding unpaid rent or other sums due under Tenancies as at the Actual
Completion Date.
ARREARS SCHEDULE – Any arrears schedule forming part of the Special Conditions.
AUCTION – The auction advertised in the official Catalogue (including any Addendum).
AUCTIONEER(S) – Belmont Auction Ltd, acting in its professional capacity as
auctioneer.
AUCTION CONDUCT CONDITIONS – The provisions in Section 4 of these Conditions,
together with any additional conditions stated in the Catalogue or Addendum.
BUSINESS DAY – Any day other than Saturday, Sunday, or a public/bank holiday in
England and Wales.
BUYER – The individual, company, or representative who makes the successful bid for a
Lot. Where two or more parties act jointly, all obligations are joint and several.
CATALOGUE – The published list of Lots for an Auction, in printed or electronic form, as
at the date of the Auction or (if different) the Contract Date, including any Addenda.
COMPLETION – Unless otherwise agreed, the point at which all pre-completion
obligations have been performed, and the purchase monies are unconditionally
received in the Seller’s conveyancer’s client account (or otherwise as required by the
Contract).
CONDITION – Any clause in the Auction Conduct Conditions or Sale Conditions.
CONTRACT DATE – The date of the Auction, or (if sold pre- or post-auction) the date the
Sale Memorandum is signed by both parties, or (if contracts are exchanged) the date on
which both parts are executed and placed beyond normal retrieval.
DOCUMENTS – Entries on the relevant register and documents referred to in the Special
Conditions relating to the Lot (excluding financial charges).
LOT – Any Lot described in the Catalogue (subject to variation by Addenda).
PARTICULARS – The description of a Lot in the Catalogue.
PRICE – The hammer price achieved for a Lot.
SALE CONDITIONS – The conditions set out in Section 5 of these Conditions,
comprising the general conditions of sale, any Special Conditions, tenancy/arrears
schedules, and the Sale Memorandum.
SALE MEMORANDUM – The written record of sale signed immediately after the fall of
the hammer (or following a post-auction sale) confirming the agreed terms.
SELLER – The person(s) selling the Lot, including any party on whose behalf Belmont
acts as agent.
SPECIAL CONDITIONS – Conditions that apply specifically to an individual Lot,
supplementing or varying the Sale Conditions.
TENANCIES – Any leases, tenancies, or occupational agreements affecting the Lot.
Important Buyer Advisories
Age & Attribution: Unless expressly warranted in the Special Conditions, all
references to age, origin, date, attribution, or authenticity are statements of
opinion only.
Legal Obligation: By placing a bid, you acknowledge that, if successful, you enter
into a binding legal obligation to pay for the Lot in accordance with these
Conditions.
Expert Verification: We consult external specialists where appropriate; however,
all descriptions remain opinions. Buyers are strongly advised to inspect Lots in
person, or appoint an expert/agent to do so before bidding.
Electrical Items: All electrical goods are sold untested, without warranty as to
safety, condition, or suitability. Buyers must ensure proper testing and
certification before use.
Images & Video: Additional photographs and video inspections can be provided
upon request before the Auction to aid buyer due diligence.
Sold as Seen: All Lots are sold strictly on an “as seen, as is” basis, with no
guarantee of quality, condition, or fitness for purpose.
Auction Conduct Conditions
Our Role & Authority
Belmont acts as the Seller’s agent. We are authorised to:
prepare and publish the Catalogue;
offer Lots for sale;
conduct the Auction and regulate bidding;
receive deposits and hold client monies;
sign Sale Memoranda on behalf of parties; and
treat contracts as repudiated where Buyers default.
Parties & Status of Belmont
Belmont acts solely as the agent for the Seller. The legally binding contract of sale for a
Lot is strictly between the Seller and the Buyer, on the basis of the Sale Conditions and
any Special Conditions.
Risk & Title
Risk passes to the Buyer immediately upon the fall of the hammer.
Title passes only upon Completion, provided that all monies (Price, Buyer’s
Premium, VAT, and any other charges) have been received in cleared funds.
Misdescription — Limited Right of Return
Returns are permitted only where, within 10 days of collection/delivery, the Buyer
provides conclusive evidence that our description was materially incorrect due to our
fault (e.g., item described as “16th century” but verified as 20th century).
The Lot must be returned in the same condition.
The Seller will refund the Price and Buyer’s Premium actually paid.
This is the sole remedy available. No claims for consequential or incidental loss
will be entertained.
Bidding & Reserves
All bids must be in pounds sterling and are exclusive of VAT.
We may refuse any bid.
Unless expressly stated otherwise, Lots may be subject to a reserve price.
Sellers (or Belmont on their behalf) may bid up to but not at or above the reserve.
Tenancies & Arrears
If the Lot is subject to Tenancies, rental income, apportionments, and Arrears will be
dealt with in accordance with the Special Conditions and any accompanying Arrears
Schedule.
Admission, Registration & Identity Checks
We may require satisfactory proof of identity, address, and (for companies) proof of
incorporation and authority to act. Registration and bidding approval are at our sole
discretion.
Completion
Completion must take place on the Agreed Completion Date. Time is of the essence
with respect to all payment obligations.
Payment Timetable
The deposit is due immediately at the fall of the hammer.
The balance of the purchase price is due within 7 calendar days of the Contract
Date, unless varied by Special Conditions.
All funds must be cleared into the Seller’s conveyancer’s client account (or as
otherwise directed) before Completion is deemed valid.
Documents & Inspections
The Buyer purchases the Lot subject to all matters discoverable through reasonable
inspection, searches, or enquiries, and to all matters disclosed in the Documents,
Particulars, and Special Conditions. Condition reports are provided for guidance only
and are not warranties.
Buyer’s Charges, Taxes & Online Surcharges
Buyer’s Premium
The Buyer shall pay Belmont a Buyer’s Premium of 25% + VAT on the hammer price of
each Lot, unless otherwise stated in the Catalogue or Addendum.
Taxes (including VAT)
VAT is payable on the Buyer’s Premium.
Certain Lots may also attract VAT on the hammer price, as indicated in the
Catalogue or Special Conditions.
Buyers are fully responsible for any applicable taxes, duties, or import/export
charges.
VAT refunds or zero-rating for exports will only be processed upon receipt of
strict proof of export and may be subject to an administrative fee.
Online Bidding Surcharges
If bidding occurs via third-party platforms, any additional platform surcharges (plus VAT)
will apply, as set out on the platform and/or in the Catalogue. These are payable in
addition to the Buyer’s Premium.
Payment Methods
Payment accepted by bank transfer and major debit/credit cards (though we
reserve the right to decline certain cards).
Cheques are not accepted.
Payments must comply with Anti-Money Laundering (AML) regulations.
We may decline third-party payments or those failing AML checks.
Collection & Storage
Collection is by appointment within the timeframe stated in the Catalogue or
Invoice.
Failure to collect within this period may incur storage and handling charges.
Title to the Lot does not pass until all funds are received in cleared form.
Shipping
Shipping arrangements and costs are the responsibility of the Buyer.
Belmont does not automatically provide shipping insurance.
Insurance may be arranged at the Buyer’s request and cost.
Loss or Damage
We will exercise reasonable care when handling property, but responsibility for
risk transfers immediately to the Buyer.
Any third-party handling or shipping is entirely at the Buyer’s risk.
Belmont accepts no liability for any loss or damage to Lots after the fall of the
hammer.
