1. Every auction and these conditions of sale are governed by and constructed in accordance with English Law and shall be subject to the jurisdiction of The English Courts.
2. Definitions
-Clifford Cross Auctions Ltd acts as Agents only in respect of goods delivered (or offered on behalf of the vendor in situ) for the purposes of sale and herein shall be known as “the Auctioneers”.
-The person(s), firm, charity or Executor instructing Clifford Cross Auctions Ltd to sell goods by public auction are herein known as “Vendors”.
-The person(s) firm company or charity who have acquired lots offered for sale by the Auctioneers are herein known as “the Purchasers”.
-The Auctioneers act solely as agents for the Vendors.
-“Hammer price” is the price of the lot at the fall of the hammer and before any charges. -“Lots” means all or any items, including machinery, to be sold in accordance with the conditions of sale.
- “Sale” or “Auction” means a public sale or auction of lots/items from time to time organised by the Auctioneers.
-“Commission” means the commission (fee) charged by the Auctioneers to the Vendors on
the sale of lots.
-“Purchasers (Buyers) Premium” means the charge payable to the Auctioneers by the Purchaser in addition to the hammer price.
-“Reserve price” means a minimum price, fixed by the Vendors”, below which the Auctioneers cannot sell the lot.
3. All persons attending a sale under the conduct of Clifford Cross Auctions Ltd – whether at the salerooms 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 principals in respect of the
cancellation/postponement of a Sale or any loss, accident or injury however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of Clifford Cross Auctions Ltd.
4. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity but except where specifically instructed so to certify 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 Auctioneers or their employees.
5. Many lots are of an age or nature which preclude them from being in pristine or new condition. Some catalogue descriptions may refer 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 defect imply the absence of others.
6. Purchasers must, therefore, satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description and condition – as lots are sold in their actual state with all faults, imperfections or errors of description. If physical inspection is not possible, condition reports must be reviewed by Purchasers in full before bids can be accepted.
7. Mechanical items are sold on the strict understanding that these are untested. Household electrical items (that are not directly wired into the mains) will be tested for electrical safety but not for working condition. Electrical/mechanical items are sold without warranties or any other guarantees as to serviceability or working order.
8. Persons handling lots do so at their own risk and shall make good all loss or damage however sustained and the Auctioneers shall assess any costs and this decision will be final.
9. Purchasers are able to view and examine lots prior to the sale and it will be assumed that theyhave done so prior to making a bid. In making a bid, Purchasers acknowledge their attention has been drawn to these conditions of sale and that they are satisfied as to the description and condition of the lots and whether the items are fit for any particular purpose.
10. Neither the Vendor nor the Auctioneers shall be under any liability pursuant to section 6 of The Health and Safety Act 1974 and the Purchaser undertakes to carry out all necessary tests, examinations and other works to ensure, so far as practicable, any lot purchased will be safe and without risk to health and safety at all times when it is being used by any person at work.
11. The Auctioneers may at any time before the fall of the hammer withdraw, divide or
combine any lots for the purposes of sale. The Auctioneers shall regulate the advance of
bidding, accept or reject (at their absolute discretion) any bid and bid as agent for the vendor up to any reserve price.
12. Prospective Purchasers must register with the Auctioneers prior to bidding giving their name, full address, phone number and email address. This information will be held on a data base and used solely by the Auctioneers to contact the Purchaser. The data will not be released to any third party without specific verbal or written agreement.
13. The contract of sale is made between the Purchaser and the Auctioneers as agents for the Vendors and payment shall be made only to the Auctioneers. Until payment has been received from the Purchaser title to any lot shall not pass to the Purchaser.
14. Payment must be made by debit or credit card, Bank transfer or cash and is due at the fall of the hammer. Cheque payments cannot be accepted. Invoices not settled within 10 working days of the relevant sale will be subject to interest charged at Barclays Bank base rate plus 6%.
15. At the fall of the hammer the lot shall be at the absolute risk of the Purchaser including those of fire, burglary and damage, regardless of whether payment has been received or not. A lot cannot be removed from the sale premises until the Purchaser has paid all sums due in full.
16. Neither the Vendor nor the Auctioneers shall be bound by any sub sale or assignment or split of the purchase contract. The successful Purchaser shall alone be responsible for the discharge of the total purchase price including any premium, vat and any other applicable charges.
17. If there is a dispute between bids the Auctioneer may summarily determine the dispute and offer the disputed lot for sale again without being required to give a reason.
18. Purchasers must pay for and remove lots at their own risk and expense and immediately following the sale. All purchases must be cleared within 2 working days of the sale and after such time the Auctioneers reserve the right to impose daily storage charges.
19. The Auctioneers reserve the right to resell all lots uncollected after 10 working days from the relevant sale day and may do so without notice. If the lot has been paid for any proceeds from a resale will be allocated to the purchaser less commission, charges and any vat payable. If the lot has not been paid for the monies raised from the resale (net of commission, charges and any vat payable) will be set against any outstanding invoice but the purchaser will remain responsible for any shortfall and the shortfall will be subject to interest charged at Barclays Bank base rate plus 6%.
20. A Purchasers premium of 20% of the hammer price plus vat is payable by
all Purchasers in addition to any hammer price. For on line bidding an additional premium of
3% plus vat will be payable direct to the online provider.
21. Some lots may be subject to vat on the hammer price. The Auctioneers will identify any vatable lots or they will be identified by clicking on the fees button if bidding online.
22. Bids are taken in GBP (pounds) and must be whole pounds (no pence).
23. Commission (Absentee) bids can be placed with the Auctioneers prior to the start of the auction and on the assumption that the prospective Purchaser has viewed the items and is satisfied as to the description and condition. Clifford Cross Auctions Ltd can be requested, without any legal obligation of any kind on their part, to execute commission bids on behalf of Absentee Purchasers. The Auctioneers will use their best endeavours to purchase the lots as far below the top bid allowing for other bids and reserves. In the event of identical commission bids being received the first bid left with
the Auctioneer will take precedence.
24. The Auctioneers warrant that they believe that theVendor of each lot is able to pass good title and if the Vendor is not able to do so the Auctioneers will use all reasonable endeavours to assist the Purchaser in obtaining good title and in pursuing and remedies the Purchaser may have against the Vendor but the Auctioneer shall not be bound to initiate litigation and shall not be under any other obligation to the Purchaser.
