CONDITIONS OF SALE
The conditions of business set out below are the terms on which Brighton General Auctions’ contract, as Auctioneers, with buyers and sellers. For ease of reference, the conditions are split into four sections: Section A details general conditions and definitions, Section B details conditions relating to sellers, Section C details conditions relating to buyers, and Section D details legal information.
A. GENERAL CONDITIONS OF SALE
1. Agents and Auctioneers. In these conditions BGA act only as auctioneers and agents for the seller. The representative of BGA conducting the auction is called “the Auctioneer”.
2. Definitions. Some terms are used regularly in these conditions and have the following explanations:
“the buyer” means the person with the highest bid accepted by the auctioneer.
“the lot” means any item deposited with BGA for sale at auction.
“the seller” means the person or persons claiming title to a particular lot or lots being sold by BGA at auction.
“the hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot.
“the reserve” means the amount below which BGA agree with the seller that the lot cannot be sold.
3. Terms. Charges incurred by buyers and sellers at BGA may vary from time to time and the attention of both buyers and sellers is drawn to the rates published by BGA on receipt forms, sellers and buyers stationery, catalogues and rate cards.
4. Descriptions and Liability. Whilst BGA make every effort to ensure the accuracy of their catalogues and the description of any Lot:(
a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the seller and bought by the buyer with all faults, imperfections and errors of description.
(b) BGA do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in
writing by the seller to so certify, and in such case BGA do so as agents for the seller and are not responsible for any claims then arising.
(c) All statements whether printed in the catalogue or given orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by BGA unless they have been instructed to do so by the seller. Buyers are responsible for satisfying themselves concerning the condition of the goods and the matters referred to in the catalogue description.
5. Auction.
(a) The auctioneer has absolute discretion to divide any lot, to combine any two or more lots or withdraw any lot from the sale. The auctioneer may refuse bids, regulate bidding or cancel the sale without notice or reason, the auctioneer may bid on behalf of the seller for all goods which are being offered subject to reserve or the auctioneer’s discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute, where the auctioneer may re-offer the lot. The auctioneer has absolute discretion to determine the advance of bidding or refuse a bid.
(c) Each lot is put up for sale subject to any reserve placed by the seller. Where no reserve has been placed, the seller has the right to bid personally or to instruct any other person (who may be the auctioneer) to bid on his behalf.
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying the same made by the auctioneer from the rostrum.
6. Recession. Notwithstanding any other terms of these conditions, if within fourteen days after the sale Watsons have received from the buyer of a lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the lot to BGA in the same condition as at the time of sale, and by producing evidence (the burden of proof to be upon the buyer) satisfies BGA that considered in the light of the catalogue entry the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price refunded. The seller and the buyer agree to be bound by BGA’ decision. In no circumstances will BGA be required to pay the buyer any more than the amount paid by him for the lot concerned and the buyer shall have no claim for interest.
7. Default. BGA disclaim any responsibility for default by the buyer or the seller. BGA act as agents for the seller only and will not make payment to the seller until settlement is received from the buyer.
8. Telephone Instructions. Instructions given by telephone by sellers or buyers are accepted at the sender’s risk unless confirmed in writing.
9. Sale by Private Treaty. In the event of a sale by private treaty, both the buyer and the seller agree to be bound by BGA Conditions of Business.
10. Third Party Liability. Every person on BGA’ premises at any time shall be deemed to be there at his own risk. He shall have no claim against BGA in respect of any accident which may occur or injury, damage or loss howsoever caused, except if the injury, damage or loss is caused by the negligence of BGA’ employees.
