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AUCTION CONDITIONS
1. Introduction
The Common Auction Conditions are designed for
auctions, to set a consistent practice across the industry.
There are three sections, all of which must be included
without variation, except where stated:
2. Glossary
The glossary gives special meanings to certain words used
in the conditions.
3. Auction Conduct Conditions
The Auction Conduct Conditions govern the relationship
between the auctioneer and anyone who participates in
the auction. They cannot be changed without the
auctioneer’s agreement. We recommend that these
conditions are set out in a two-part notice to bidders, part
one containing advisory material – which auctioneers can
tailor to their needs – and part two the auction conduct
conditions and any extra auction conduct conditions.
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4. Sale Conditions
The Sale Conditions apply only govern the agreement
between each seller and buyer. They include general
conditions of sale and template forms of special conditions
of sale, tenancy and arrears schedules and a sale
memorandum. They must not be used if other standard
conditions apply.
5. GLOSSARY
This glossary applies to the AUCTION CONDUCT
CONDITIONS and the SALE CONDITIONS. It is a compulsory
section of the Common AUCTION Conditions that must be
included without variation (but the SPECIAL CONDITIONS
may include defined words that differ from the glossary so
long as they apply only to the SPECIAL CONDITIONS). The
laws of England and Wales apply to the CONDITIONS and
YOU, WE, the SELLER and the BUYER all submit to the
jurisdiction of the Courts of England and Wales. Wherever
it makes sense: • singular words can be read as plurals, and
plurals as singular words; • a “person” includes a corporate
body; • words of one gender include the other genders; •
references to legislation are to that legislation as it may
have been modified or re-enacted by the date of the
AUCTION or the CONTRACT DATE (as applicable); and •
where the following words appear in small capitals they
have the specified meanings.
2
6. ACTUAL COMPLETION DATE
The date when COMPLETION takes place or is treated as
taking place for the purposes of apportionment and
calculating interest.
7. AGREED COMPLETION DATE
Subject to CONDITION a) the date specified in the SPECIAL
CONDITIONS; or b) if no date is specified, 20 BUSINESS
DAYS after the CONTRACT DATE; but if that date is not a
BUSINESS DAY the first subsequent BUSINESS DAY.
8. APPROVED FINANCIAL INSTITUTION
Any bank or building society that is regulated by a
competent UK regulatory authority or is otherwise
acceptable to the AUCTIONEERS.
9. ARREARS
ARREARS of rent and other sums due under the TENANCIES
and still outstanding on the ACTUAL COMPLETION DATE.
10. ARREARS SCHEDULE
The ARREARS schedule (if any) forming part of the
SPECIAL CONDITIONS.
3
11. AUCTION
The AUCTION advertised in the CATALOGUE.
12. AUCTION CONDUCT CONDITIONS
The AUCTION advertised in the CATALOGUE.
13. AUCTIONEERS
The AUCTIONEERS at the AUCTION.
14. BUSINESS DAY
Any day except (a) Saturday or Sunday or (b) a bank or
public holiday in England and Wales.
15. BUYER
The person who agrees to buy the LOT or, if applicable, that
person’s personal representatives: if two or more are
jointly the BUYER their obligations can be enforced against
them jointly or against each of them separately.
16. CATALOGUE
The catalogue for the AUCTION as it exists at the date of
the AUCTION (or, if the catalogue is then different, the date
of the CONTRACT) including any ADDENDUM and whether
printed or made available electronically. 4
17. COMPLETION
Unless the SELLER and the BUYER otherwise agree, the
occasion when they have both complied with the
obligations under the CONTRACT that they are obliged to
comply with prior to COMPLETION, and the amount
payable on COMPLETION has been unconditionally
received in the SELLER’S conveyancer’s client account (or as
otherwise required by the terms of the CONTRACT).
18. CONDITION
One of the AUCTION CONDUCT CONDITIONS or SALE
CONDITIONS.
20. CONTRACT DATE
The date of the AUCTION or, if the LOT is sold before or
after the AUCTION: a) the date of the SALE MEMORANDUM
signed by both the SELLER and BUYER; or b) if CONTRACTs
are exchanged, the date of exchange. If exchange is not
effected in person or by an irrevocable agreement to
exchange made by telephone, fax or electronic mail the
date of exchange is the date on which both parts have been
signed and posted or otherwise placed beyond normal
retrieval.
21. DOCUMENTS
DOCUMENTS of the entries on the register and other
DOCUMENTS listed or referred to in the SPECIAL
CONDITIONS relating to the LOT (apart from FINANCIAL
CHARGES).
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22. INTRODUCTION
The AUCTION CONDUCT CONDITIONS apply wherever the
LOT is located. If YOU make a bid for a LOT or otherwise
participate in the AUCTION it is on the basis that YOU
accept these AUCTION CONDUCT CONDITIONS. They
govern OUR relationship with YOU. They can be varied only
if WE agree.
23. OUR ROLE
As agents for each SELLER we have authority to (a) prepare
the CATALOGUE from information supplied by or on behalf
of each SELLER; (b) offer each LOT for sale; (c) sell each LOT;
(d) receive and hold deposits; (e) sign each SALE
MEMORANDUM; and (f) treat a CONTRACT as repudiated if
the BUYER fails to sign a SALE MEMORANDUM or pay a
deposit as required by these AUCTION CONDUCT
CONDITIONS or fails to provide identification as required by
the AUCTIONEERS. OUR decision on the conduct of the
AUCTION is final. WE may cancel the AUCTION, or alter the
order in which LOTS are offered for sale. WE may also
combine or divide LOTS. A LOT may be sold or withdrawn
from sale prior to the AUCTION. YOU acknowledge that to
the extent permitted by law WE owe YOU no duty of care
and YOU have no claim against US for any loss. WE may
refuse to admit one or more persons to the AUCTION
without having to explain why. YOU may not be allowed to
bid unless YOU provide such evidence of YOUR identity and
other information as WE reasonably require from all
bidders.
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23. BIDDING AND RESERVE PRICES
All bids are to be made in pounds sterling exclusive of VAT.
WE may refuse to accept a bid. WE do not have to explain
why. If there is a dispute over bidding WE are entitled to
resolve it, and OUR decision is final. Unless stated
otherwise each LOT is subject to a reserve PRICE (which
may be fixed just before the LOT is offered for sale). If no
bid equals or exceeds that reserve PRICE the LOT will be
withdrawn from the AUCTION. Where there is a reserve
PRICE the SELLER may bid (or ask US or another agent to
bid on the SELLER’s behalf) up to the reserve PRICE but may
not make a bid equal to or exceeding the reserve PRICE.
YOU accept that it is possible that all bids up to the reserve
PRICE are bids made by or on behalf of the SELLER.
24. THE PARTICULARS AND OTHER
INFORMATION
WE have taken reasonable care to prepare PARTICULARS
that correctly describe each LOT. The PARTICULARS are
based on information supplied by or on behalf of the
SELLER. YOU need to check that the information in the
PARTICULARS is correct. If the SPECIAL CONDITIONS do not
contain a description of the LOT, or simply refer to the
relevant LOT number, you take the risk that the description
contained in the PARTICULARS is incomplete or inaccurate,
as the PARTICULARS have not been prepared by a
conveyancer and are not intended to form part of a legal
CONTRACT. The PARTICULARS and the SALE CONDITIONS
may change prior to the AUCTION and it is YOUR
responsibility to check that YOU have the correct versions. 7
If WE provide information, or a copy of a DOCUMENT, WE do
so only on the basis that WE are not responsible for the
accuracy of that information or DOCUMENT.
25. THE CONTRACT
A successful bid is one WE accept as such (normally on the fall
of the hammer). This CONDITION A5 applies to YOU only if
YOU make the successful bid for a LOT. YOU are obliged to
buy the LOT on the terms of the SALE MEMORANDUM at
the PRICE YOU bid (plus VAT, if applicable). YOU must
before leaving the AUCTION (a) provide all information WE
reasonably need from YOU to enable US to complete the
SALE MEMORANDUM (including proof of your identity if
required by US); (b) sign the completed SALE
MEMORANDUM; and (c) pay the deposit. If YOU do not WE
may either (a) as agent for the SELLER treat that failure as
YOUR repudiation of the CONTRACT and offer the LOT for
sale again: the SELLER may then have a claim against YOU
for breach of CONTRACT. Intending purchasers must
complete bidder registration via Essential Information
Group Auction Passport or fill in the appropriate bidding
form ensuring that all sections are completed. Failure to
complete any part of the appropriate form may render the
instructions ineffective or result in your registration not
being approved. Copies of all relevant bidder’s/purchaser’s
identification must be provided prior to the start of the
auction.
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No responsibility is taken by the auctioneers for unprocessed
registrations received later than 24 hours prior to the auction.
Maximum bids for proxy or telephone bidders must be for an
exact figure, rounded to the nearest £5,000, and any reference
to a bid to be calculated by reference to other bids will not be
acceptable. In the event of there being any confusion as to the
maximum bid, the auctioneer reserves the right to refuse a bid
on behalf of the prospective bidder..All bidders registered via
Auction Passport must authorise a £10,000 security hold on a
debit card as part of the registration. Those submitting bidding
forms will be required to provide card details for security. If you
are successful, the £10,000 hold will be deducted from your
account and put towards the 10% deposit. If you are
unsuccessful, the hold on your card will usually be removed
within 5 working days. When the 10% deposit is taken, you will
also be required to pay a Buyer’s Administration Fee of £1,200
(£1,000 + VAT). In some cases, this figure may be higher and if
so, will be stated in the addendum. For lots with a purchase
price below £50,000, the Buyer’s Administration Fee will be
£900 (£750+VAT). Payments can be made either by BACS or
debit card and must be made on the day of the auction. The
Buyer's Administration Fee is payable on all lots sold at auction,
prior to the auction or post-auction. If the successful bidder fails
to provide the required deposit and buyers administration
charge, then Grand auction house and/or their seller reserves its
rights to pursue the winning bidder via all legal means necessary
for the deposit and the buyer’s administration charge and any
associated losses and interest as applicable. The auctioneer, in
accepting remote bids, acts as agent for the prospective
bidder/purchaser who shall be considered to have authorised
the auctioneer on the basis of all relevant conditions 9
of sale and any amendments to the auction particulars. In the
event of the prospective purchaser’s bid being successful, the
auctioneer or any duly authorised partner or employee of Grand
auction house is authorised by the bidder and purchaser to sign
any Memorandum of Sale or Sale Contract relating to the
property concerned incorporating any addendum. The
auctioneer accepts no liability for any bid not being made on
behalf of the prospective purchaser and reserves the right to bid
himself or through an agent up to the reserve price for the
particular property concerned. In the event that: (a) two or more
parties consider for whatever reason that they are the highest
bidder; (b) there is a dispute as to which bidder is the highest
bidder; (c) there is any other dispute as between any bidders
and/or as between the auctioneer and any bidders; or (d) the
auctioneer considers that there is a disputed bid; the auctioneer
at their sole discretion have the right to declare a "Bidding
Dispute" at any time during the auction. In the event of a bidding
dispute, the auctioneer reserves the right to re-offer the lot on
the terms they consider to be reasonable. The auctioneer shall
accept no liability whatsoever if the underbidder is unable to
make an increased bid. The auctioneer's decision on the conduct
and to replace the Common AUCTION Conditions in their
entirety.
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26. SELLERS AND BUYERS
TERMS N CONDITIONS
26.1 Agent for the seller
Unless otherwise agreed, Grand Auction house Ltd,
hereafter referred to as GAH LTD acts as agent for the
seller. The contract for sale of the property is therefore
made between the Seller and the Buyer.
26.2 Definitions
For the purposes of the current Terms and Conditions, the
Seller shall be defined as the owner of the Goods. It is
implied that the Seller is the legitimate owner and is
authorised to sell the Lot. The Bidder is any registered
person participating in the auction, and the Buyer is the
successful Bidder for a particular Lot. The Lot means the
item(s) put up for sale by GAH Ltd and to which the present
Terms and Conditions apply.
26.3 Catalogue descriptions
Any representation in any catalogue or otherwise as to the
origin, date, age, attribution, authenticity or estimated selling
price of any lot is a statement of opinion only. Such statements
do not constitute a representation warranty or assumption of
liability by GAH Ltd in relation to the Lot. Any prospective Buyer
should satisfy themselves prior to the sale as to the reliability of
the catalogue description. 11
The absence of mention related to prior restorations in the
catalogue descriptions does not imply that the good is exempt
thereof. Photographs of any Lot provided by GAH Ltd are for
indicative purposes only and are not deemed to be a precise
representation of the said Lot. The Buyer is advised to seek
independent expert advice in order to be assured of the
authenticity and true state of the good.
26.4 Inspection
Prior to auction, prospective purchasers are strongly
advised to personally examine any property in which they are
interested to satisfy themselves in relation to matters which
may concern them.
26.5 Condition report
GAH Ltd may issue a Condition Report on request prior to
the sale. This Condition Report is for identification purposes
only and cannot be considered as giving a precise account of
the Lot’s true state. Thus, some imperfections and faults may
not be accounted for in the Condition Report. As
aforementioned, and in the absence of any contractual value
of the Condition report, it is the Buyer’s sole duty to inspect in
person the Lot in order to be assured of its true condition and
GAH Ltd shall not be responsible for assertions within the
Condition Report hereto.
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26.6 Electricals
All electrical items are sold as seen and GAH Ltd offers no
guarantee as to the working condition of such items or their
safety. It is the Buyer’s duty to take necessary steps to be
assured that the Lot is safe for normal use.
26.7 Estimates
Estimates are based on various factors inherent to the
situation of the market at the time of the sale, as well as
considerations such as the condition, rarity, or quality of the
item etc. Estimates are only indicative and represent the
opinion of GAH Ltd. Estimates provided by GAH Ltd cannot
constitute a guarantee as to the value of the good.
Subsequently, goods may sell at prices lower or higher than the
provided estimates.
26.8 Reserves
Many Lots are offered subject to a reserve, which is the
confidential minimum sale price. The reserve will never exceed
the low estimate printed in the catalogue. GAH Ltd may open
the bidding on any Lot below the reserve by placing a bid on
behalf of the seller, and may in their discretion continue to bid
up to the reserve price. This can be achieved by bidding in
response to other bidders or alternatively by placing
consecutive bids.
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26.9 Registration to the sale
New bidders will need to register prior to the sale. It is
strongly advised bidders register at least 24 hours before the
sale. Registration thereafter shall be at the auctioneer’s
entire discretion. International bidders may be required to
register 48 hours before the sale and to submit bank details.
A deposit may be requested prior to each sale. Failure to
register shall result in the impossibility for the bidder to
purchase a Lot.
26.10 Proof of identity
Bidders not previously known to GAH Ltd will be
required to provide: • Official proof of identity in the form of
a passport or photocard driving licence. No other forms of ID
are acceptable. • Proof of address of main residence. Only
official documents showing name and address will be
accepted. • Both landline and mobile telephone numbers •
A bank reference for foreign bidders may be requested •
Corporate clients will have to provide a certificate of
incorporation prior to the auction, along with the
representative’s ID in accordance with the abovementioned
requirements for proof of identity. Any Bidder that does not
match the provided identity for registration may not
purchase during the sale.
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27. DURING THE SALE
27.1 Attendance at auction
Attending the auction in person is recommended. GAH Ltd
has the right at their absolute discretion to refuse participation
in any auction, to reject any bid, and to refuse admission to the
premises. Bidders are not obliged to be present in person at the
auction. Absentee bidders shall be required to make necessary
arrangements with CA Ltd prior to the sale.
27.2 Personal bidding
Bidders attending the auction in person shall be required to
collect a unique bidding paddle prior to bidding in the sale.
27.3 Commission bids
GAH Ltd will use reasonable efforts to carry out
Commission bids received by them prior to the sale for the
convenience of clients who are not present at the auction in
person. Execution of Commission bids is a free service provided
to help clients and GAH Ltd does not accept liability for any
failure to execute a Commission bid or for errors and omissions
in connection with it. Commission bids shall be executed at the
lowest possible price, subject to competing bids and reserves.
Although GAH Ltd will endeavour to inform Buyers, it is the
Buyer’ Title will not pass to the Buyer until GAH Ltd has
received all amounts due to them in cleared funds even if the
Lot has been released to the Buyer. 15
28. Transfer of property
Property of the goods shall pass to the Buyer only once GAH
Ltd has received full payment for the goods, this includes the
price at the fall of the hammer as well as Buyer’s premium,
relevant taxes, and costs in relation to shipping.
29. Transfer of risks
Purchased Lots shall be at the Buyer’s risk in all respects
from the fall of the hammer, and neither GAH Ltd nor their
agents shall be responsible for any loss or damage of any kind,
whether caused by negligence or otherwise.
30. Cancellation of the sale
At the fall of the hammer, the contract is formed between the
Buyer and GAH Ltd and is binding thereafter. Under no
circumstances can the Buyer cancel the sale. GAH Ltd may
at its entire discretion, during or after the auction, cancel
the sale of the Lot or reoffer and resell the Lot if it
becomes aware of any error or dispute of any nature,
whether or not title has passed to the Buyer, and up to a
period of 6 months after the said sale. Grounds for
cancellation under the present section shall include but
not be limited to any dispute relating to the attribution or
provenance of the Lot, ownership and title, fraud or deceit,
lack of relevant licences or certificates, any subsequent
changes in domestic or international legislations restricting
the sale of export of goods etc. In the event of internetonly auctions (where are no offered advanced physical
viewing times), the Buyer shall have a 14 day right to
retract, after receipt of the Lot, under EU Consumer Law.
Public auctions are not covered by this right to retract.
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31. AFTER THE SALE
31.1 Payment
All purchased lots must be paid for on the day of the auction.
Commission bids must be paid for no later than the day
after the auction. Payment must be made by cash, debit,
credit card or bank transfer. We do not accept cheques. We
do not currently accept American Express. GAH ltd adheres
strictly to current anti-money laundering regulations and
reserves the right to refuse payment or cancel the sale of
any lot, should suspicion or evidence of regulation
infringement arise. The 2020 guidelines reference ‘Art
Works’, but are as yet to be fully defined. As such, GAH Ltd
reserves the right to adapt buying/selling rules at any time,
in order to maintain compliance. Cash payments shall not
be receivable for amounts over €10,000, regardless of the
payment being for one or multiple Lots. As of 2020, new
directives also extend to other forms of payment where the
amount is in excess of €10,000 and this may require further
information sharing covering both buyers and sellers.
Should it encounter contravention of said regulations, or is
unable to bring buyers/sellers into line with said regulations
through advice and support, GAH ltd reserves the right to
cancel any lot transaction and offer said lots to
underbidders and where applicable will notify the relevant
authority of the suspected contravention if deemed
intentional. Payments made by someone other than the
registered Buyer shall not be accepted.
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31.2 Buyer’s Premium
The Buyer will pay GAH Ltd a premium of 26% on the
hammer price plus VAT on that premium on the first £500,000 and
12% plus VAT on the balance thereafter. A Buyer’s Premium of 21%
plus VAT is charged on Wine & Spirits Lots. The VAT payable varies
by symbol as below: No Symbol: The standard rate of VAT is
charged on the premium under the Auctioneers Margin Scheme in
accordance with Art. 333 of 2006/112/EC. Standard UK VAT will be
charged on the buyers’premium and invoiced on an inclusive basis.
†: Normal VAT rules apply and the standard rate of VAT will be
charged at both hammer price and premium. *: These lots have
been imported from outside the UK for sale and placed under the
Temporary Admission regime. Import VAT is payable at 5% on the
hammer price. VAT at 20% will be added to the buyer’s premium
but will not be shown separately on the invoice. If you are reexporting a * lot outside of the UK, you must use Chiswick Auctions
Ltd TA Shipper.
31.3 Online Bidding Surcharges
Customers bidding through the third-party auction platform
thesaleroom.com are liable for a 4.95% surcharge on the hammer
price,plus VAT. This is in addition to the Buyer ’s Premium.
Customers bidding through the third-party auction platform are
liable for a 5% surcharge on the hammer price, plus VAT. This is in
addition to the Buyers Premium.
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31.4 Taxes
VAT is payable on the buyer’s premium, and for some lots, VAT
is payable on the hammer price. The successful bidder will be
responsible to ascertain and pay any applicable taxes including VAT,
sales tax or any equivalent tax arising on sale of a particular lot.
W.e.f. 1st January 2021 (Post Brexit), Private individual buyers based
outside UK will now be charged VAT at the applicable rate and will
not be able to claim a VAT refund. Trade clients based outside UK
and who arrange for their own shipping can get the VAT refunded if
all the below conditions are met: 1. Have registered to bid with an
address outside of the UK 2. Provide immediate proof of export out
of the UK within 90 days from the date of the auction Please note,
we charge an administrative fee of £135 per invoice to check export
documents and arranging VAT refunds. VAT refunds will be done to
the original method of payment used by the buyer. No VAT will be
refunded where the total VAT on an invoice is under £30. Trade
clients based outside UK and who arrange shipping with our
recommended shipper JGM Shipping can get the VAT taken off the
invoice prior to making payment. In order to do this, a confirmation
of shipping with JGM Shipping needed to be provided by GAH LTD. If
you cancel or change the shipping with our recommended shipper,
we will issue a revised invoice charging all applicable taxes.
31.5 Shipping
Any shipping costs that may arise subsequent to the sale shall
be at the Buyer’s expense. Such costs may include but not limited to
postage, import and export permits where required and any other
licence necessary for goods to be shipped outside of the European
Union. GAH Ltd does not offer insurance for shipping. However, 19
GAH Ltd may arrange insurance upon the Buyer’s request and
at the Buyer’ s expense. GAH Ltd cannot be held responsible
for any damages that may be incurred to goods prior to the
fall of the hammer.
31.6 Loss or Damage
BAH Ltd does not accept liability for loss or damage occurring
to Lots after the sale. GAH Ltd will use reasonable efforts
when handling Lots, but shall not be responsible for any loss
or damages that may occur whilst the said Lot is in any third
party’s care.
31.7 Cultural Goods import and export
restrictions
Cultural goods may be subject to import and export
restrictions. Under EU Regulations related to the trade of
cultural goods, export licences may be required for export
outside of the European Union if the item’s value exceeds the
EU threshold. Under UK Law, a licence may also be required
for intra-EU trade. Licenses are issued by RICA and it is the
Buyer ’s duty to obtain them. Some countries restrict the
import of specific cultural goods. For example, the United
States prohibits the import of pre-Columbian monument
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32. SELLING
The Auctioneers reserve the right to refuse to accept for sale any
Lot. The Auctioneers shall be entitled to a commission on the
price at which the Lot is sold in accordance with their published
scale of charges. Payment shall be made at the time of sale. The
Seller authorises the Auctioneers to deduct commission from the
sale price. In addition, the Auctioneers reserve the right to charge
a commission to the Buyer on the purchase price in accordance
with their published scale of charges. If any Lot is entered for sale
and is sold by the Seller to any person attending the sale that sale
shall be deemed to have been affected by the Auctioneers as
Agents for the Seller and full commission will be payable. The
Seller shall at his own expense take away all unsold Lots not later
than 5 p.m. on the next working day. Any lots left on site with us
may be automatically consigned to the next auction. In default of
this, storage will be charged in accordance with the Auctioneers`
Standard Scale of Charges. Please note that if any item is entered
into the auction and not sold and subsequently collected by the
vendor, there will be a charge of £125 plus VAT for the HPI / TER
check that we have carried out. No Lot will be accepted for sale
unless the appropriate Entry Form has been fully completed. The
particulars given on the Entry Form and the description of the Lot
contained in it form the basis of the Contract between the Seller
and the Auctioneers and the Auctioneers shall not be liable to
account to the Seller for any loss which may arise through the use
of such particulars or description in any sale. At the request of
the Seller the Auctioneers may complete and sign the Entry Form
on the Sellers’ behalf. The Auctioneers accept no liability to either
Seller or Buyer for any loss which may arise as a result.
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If a Reserve Price is not stated in the appropriate place on the
Entry Form the Lot will be sold without Reserve.
Notwithstanding any indication to the contrary on the Entry
Form (e.g. “NET”, “CLEAR”), the Auctioneer has authority to sell
at the price stated on the Entry Form. If a reserve price is
nominated, unless otherwise stated as (“Firm”) on the entry
form, the auctioneer will at his/her own discretion reserve the
right to sell that item at 90% of the nominated reserve price (up
to £500) 95% (up to £5,000) and 97.5% (over £5,000). Minimum
reserve price per item is £100. Any unsold items that are “rolled
over” to the next auction and carry a reserve of £100 and less,
will be automatically sold in the following auction without
reserve. A Lot will not be released until it has been offered for
sale by the Auctioneers or the Auctioneers have ceased selling
for the day. If any lot fails to sell by Auction the Auctioneers
reserve the right to re-offer the Lot for sale by auction or to sell
by private treaty at the Reserve Price or such other price as may
be agreed by the Seller. Commission shall be payable in this
instance in accordance with the provisions outlined above.
Where any Lot is found to be subject to a hire purchase, leasing
or similar agreement the Auctioneers reserve the right to
discharge the existing liability and to remit the balance, if any, to
the Seller. The Auctioneers may, at their discretion, make
enquiries as to the title to any Lot. They shall not be under any
duty to either Seller or Buyer to make such enquiries or to
disclose to any person the result of any enquiries.
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33. DEFINITIONS
a) “Seller” includes the owner of the Lot and any other
person offering the lot to the Auctioneers for sale whether
authorised by the owner or not. b) “Buyer” includes the
highest bidder, the person to whom a Lot is sold by private
treaty, the person declared by the Auctioneers as being the
Buyer and the principal of any of the above if they are
acting as agents. c) “Sale” includes a sale by private treaty.
d) “Lot” includes all Lots entered for sale whether by public
auction or by private treaty. e) The expressions “Seller”,
“Buyer”, and “Auctioneers” include where appropriate their
employees and agents.
34. AUCTIONS ACT 1927, ss1-4
Certain bidding agreements to be illegal (1) If any dealer
agrees to give, or gives, or offers any gift or consideration to
any other person as an inducement or reward for shall be
imprisonment for a term not exceeding two years or a fine
or both. (2) This section applies only to offences committed
after the commencement of this Act. 2. Persons convicted
not to attend or participate in auctions (1) On any such
summary conviction or conviction on indictment as is
mentioned in section 1 above, the court may order that the
person so convicted or that person and any representative
of him shall not (without leave of the court) for a period
from the date of such conviction – (a) in the case of a
summary conviction, of not more than one year, or (b) in
the case of a conviction on indictment, of not more than
three years, enter upon any premises where goods
intended for sale by auction are on display or to attend or
participate in any way in any sale by auction.
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(2) In the event of a contravention of an order under this
section, the person who contravenes it (and, if he is the
representative of another, that other also) shall be guilty of an
offence and liable – (a) on summary conviction, to a fine not
exceeding the statutory maximum; (b) on conviction on
indictment, to imprisonment for a term not exceeding two years
or to a fine or to both. (3) In any proceedings against a person in
contravention of an order under this section consisting in the
entry upon premises where goods intended for sale by auction
were on display, it shall be a defence for him to prove that he did
not know, and had no reason to suspect, that goods so intended
were on display on the premises, and in any proceedings against
a person in contravention of such an order consisting in him
having done something as the representative of another, it shall
be a defence for him to prove that he did not know, and had no
reason to suspect, that that other was the subject of such an
order. (4) A person shall not be guilty of an offence under this
section by reason only of his selling property by auction or
causing it to be so sold. 3. Right of seller of goods by auction
where agreement subsists that some person shall abstain from
bidding for the goods (1) Where goods are purchased at an
auction by a person who has entered into an agreement with
another or others that the other or others (or some of them)
shall abstain from bidding for the goods (not being an
agreement to purchase the goods bona fide on a joint account)
and he or the other party, or one of the other parties, to the
agreement is a dealer, the seller may avoid the contract under
which the goods are purchased. (2) Where a contract is avoided
by virtue of the foregoing subsection, then,
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(4) A person shall not be guilty of an offence under this section
by reason only of his selling property by auction or causing it to
be so sold. 3. Right of seller of goods by auction where
agreement subsists that some person shall abstain from bidding
for the goods (1) Where goods are purchased at an auction by a
person who has entered into an agreement with another or
others that the other or others (or some of them) shall abstain
from bidding for the goods (not being an agreement to purchase
the goods bona fide on a joint account) and he or the other party,
or one of the other parties, to the agreement is a dealer, the
seller may avoid the contract under which the goods are
purchased. (2) Where a contract is avoided by virtue of the
foregoing subsection, then, if the purchaser has obtained
possession of the goods and restitution thereof is not made, the
persons who were parties to the agreement that one or some of
them should abstain from bidding for the goods the subject of
the contract shall be jointly and severally liable to make good to
the seller the loss (if any) he sustained by reason of the operation
of the agreement. (3) Subsection (1) above applies to a contract
made after the commencement of this Act whether the
agreement as to the abstention of a person or persons from
bidding for the goods the subject of the contract was made
before or after that commencement. (4) Section 2 of the Auctions
(Bidding Agreements) Act 1927 (right of vendors to treat certain
sales as fraudulent) shall not apply to a sale the contract for
which is made after the commencement of this Act. (5) In this
section, ‘dealer’ has the meaning assigned to it by section 1(2) of
the Auctions (Bidding Agreements) Act 1927. 4. Copy of the Act
to be exhibited at
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sale Section 3 of the Auction (Bidding Agreements) Act 1927
(copy of Act to be exhibited at sale) shall have effect as if the
reference to that Act included a reference to this Act. 5. Short
title, commencement and extent (1) This Act may be cited as
the Auctions (Bidding Agreements) Act 1969. (2) This Act shall
come into force at the expiration of one month beginning with
the day on which it is passed. (3) This Act shall not extend to
Northern Ireland.
CUSTOMER’S SIGNATURE
DATE:
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