TERMS AND CONDITION OF BUSINESS AND CONDITIONS OF SALE
Selling & Buying at Mark Hill Auctions Ltd
TERMS AND CONDITIONS OF BUSINESS - SELLER
The following documents details the terms and conditions between us, Mark Hill Auctions Ltd, and you as the Seller, Bidder or Buyer. It is important that you read and understand all these terms and conditions as they form the basis of the contract between us.
They also cover issues such as your responsibility concerning ownership and authenticity of your lots, how they are described and what happens if they are damaged, unsold or withdrawn from the auction sale, and what happens when they are sold.
Mark Hill Auctions Ltd will offer the Lot(s) listed in our Catalogue for sale by auction, on our premises, at the ‘thesaleroom.com’, ‘markhillauctions.com’, and ‘easyliveAuction.com’ in accordance with the following terms and conditions.
By registering to bid at our auctions, whether that will be over the telephone, online, via an Absentee Bid, or in person, you agree to these Terms and Conditions and you should read them carefully before entering a bid. These Terms and Conditions apply to the services we supply to you as Seller, Bidder or Buyer regarding the purchase or holding by Mark Hill Auctions Ltd of Lot(s).
In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc. refer to Mark Hill Auctions Ltd.
INTERPRETATION OF TERMS AND CONDITIONS
1. DEFINITIONS
1.1 In the Terms and Conditions of Business, the following terms shall have the following meanings unless the context otherwise requires:
“Absentee Bid” means a bid on Lot(s) where a Bidder is not able to be physically present, be it through an agent or by telephone, or online, a Bidder can place an absentee bid prior to the start of an auction.
“Auctioneer”, “Mark Hill Auctions”, “We”, “Us”, “Our” means the firm of Mark Hill Auctions Ltd, or its authorised auctioneer, conducting auctions by accepting bids and declaring the Lot(s) as sold on behalf of the Seller. The registered address is: The Old House, Redwell Lane, Ightham, Sevenoaks TN15 9EE England and the trading address is The Pantiles Arcade, 49 Lower Walk, Tunbridge Wells, Kent TN2 5TE England. Company Registration No: 15513626
“Bidder” means any person bidding on Lot(s) at auction.
“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including where bidding as agent.
“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to Mark Hill Auctions Ltd by the Buyer at the correct agreed applicable rate from the table below plus VAT of such Hammer Price.
Buyer’s Premium Rates
Hammer Price Buyer’s Premium
First £500 - 15% of the hammer price + VAT
Amounts in excess of £500 up to and including £2,500 - 12.5% of the hammer price + VAT
Amounts in excess of £2,500 - 10% of the hammer price + VAT
“Catalogue” includes any advertisement, brochure, estimate, website page, list or other publication of Mark Hill Auctions Ltd containing details of the Lot(s).
“Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, date, origin, culture, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.
“Expenses” means, in relation to the sale or aborted sale of any Lot(s) Mark Hill Auctions Ltd charges and expenses incurred, including (but not limited to) legal expenses, charges and expenses for insurance, catalogue and other reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and postage and packing costs.
“Hammer Price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer, excluding the Buyer’s Premium, any applicable expenses and any applicable VAT.
“Live Online Bidding” means the live online bidding performed via ‘the saleroom.com’, ‘easyliveauction.com’, and any other online platforms authorised by Mark Hill Auctions Ltd.
“Lot(s)” means items offered for sale at Mark Hill Auctions Ltd.
“Mark Hill Auction”, “Mark Hill Auctions” and “Mark Hill Auctions auction” means a public auction organised and administered by Mark Hill Auctions Ltd.
“Online Bidding Fee” means the additional charge levied on Lot(s) bought via the online bidding facilities at ‘the-saleroom.com’, or ‘easyliveauction.com’, or any other online platforms authorised by Mark Hill Auctions Ltd, where applicable.
“Purchase Price” means the hammer price in respect of the lot sold together with any Buyers Premium, Value Added Tax (VAT) chargeable and any additional charges payable by a buyer or defaulting buyer under these Terms and Conditions of Business.
“Reserve” the minimum price that the Seller is willing to accept for their Lot(s) sold at auction.
“Sale Proceeds” means the net amount due to the Seller, being the hammer price of the lot sold, less Seller’s Commission at the stated rate and any other amounts due to us by the seller in whatever capacity and however arising, including the Lotting Fee.
“Seller” means the person(s) including their agent (other than Mark Hill Auctions Ltd), executors or personal representatives offering Lot(s) for sale at any Mark Hill Auctions Ltd auction. If the Seller is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Seller set out in the ‘Terms & Conditions of Business – Seller’ through Mark Hill Auctions Ltd.
“Seller’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to Mark Hill Auctions Ltd by the Seller at the correct agreed applicable rate from the table below, or as otherwise agreed, plus a £10 Lotting Fee per Lot plus VAT.
Seller’s Commission Rates on Hammer Price
First £500 - 15% of the hammer price + VAT
Amounts in excess of £500 up to and including £2,500 - 12.5% of the hammer price + VAT
Amounts in excess of £2,500 - 10% of the hammer price + VAT
“Working Day” means a day other than a Saturday, Sunday or public holiday in England.
1.2 In these Terms and Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.
1.3 The headings and sub-headings in these Terms and Conditions of Business do not form part of these Terms and Conditions of Business themselves but are for convenience only.
2. WARRANT. You warrant to us and to the Buyer that:
2.1. you have full right, title and authority to sell the Lot and that possession in the Lot can be transferred to the Buyer with good and marketable title, free from any third party right and encumbrances, claims or potential claims;
2.2. you have no reason to believe that the Lot is a Forgery;
2.3. the Lot is not connected with any criminal activity including tax evasion and theft, and that you are neither under investigation nor have you been charged with or convicted of money laundering, terrorist activities or other crimes;
2.4. you have provided to us all of the relevant information and documents in your possession or control concerning the Lot, including information about its authenticity, history, condition, prior ownership, any alterations or restoration to the Lot that you are aware of, and all such information is complete and up to date to the best of your knowledge;
2.5. if the Lot has been removed from a country outside the UK, all duties and taxes on the import of the Lot have been paid, all export and import declarations have been properly made;
2.6 If you decide to withdraw a lot after it has been consigned for sale at auction with us, we reserve the right to charge you a Lotting Fee of £10 plus VAT per lot and a fee of 20% plus VAT of the low estimate for each of the lots withdrawn.
2.7 You appoint us to act as agent to sell the Lots on your behalf by auction.
2.8 You authorise us to deduct Sellers’ Commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale for Public Auctions and any interest earned on the sale proceeds until the date of settlement. All fees and expenses will be subject to VAT.
2.9 You authorise us to charge the Buyer and retain our premium plus VAT paid by the buyer in accordance with our Terms and Condition of Business.
2.10 You will pay any and all duties and taxes that may be due in connection with the sale of the Lot;
2.11 If the Buyer of your Lot decides to exercise their right to cancel, you agree that we shall be entitled to account directly to the Buyer for any applicable refund and we shall account to you for any sums retained on account of the Lot being damaged or tampered with by the Buyer.
2.12 You will indemnify us and the Buyer in full on demand against all claims, costs or expenses incurred by us or the Buyer as a result of any breach by you of any of the obligations in this clause.
3. VAT
3.1 All commissions and fees are subject to VAT at the prevailing rate.
4. LOTTING FEE & COMMISSION
4.1 A Lotting Fee of £10 plus VAT is charged for each lot consigned to auction, whether the Lot is sold or unsold. The combining of items into lots is to be done at our discretion.
4.2 Sellers’ Commission is additionally chargeable and payable to Mark Hill Auctions Ltd by the Seller at the correct agreed applicable rate from the table below, or as otherwise agreed. You authorise us to deduct this from the hammer price.
Seller’s Commission Rates on Hammer Price
Up to £500 - 15% of the hammer price + VAT
Amounts in excess of £500 up to and including £2,500 - 12.5% of the hammer price + VAT
Amounts in excess of £2,500 - 10% of the hammer price + VAT
5. DELIVERY AND RELATED REMOVAL/COLLECTION/HAULAGE OF ITEMS TO US
5.1 Items for sale must be physically consigned to the saleroom by any stated deadline and at your expense. We will not include, and cannot guarantee to include, any Lots in an auction until they have been received by us in good time before any stated deadline.
5.2 Mark Hill Auctions Ltd do not offer an in-house haulage or collection service, however we are happy to recommend a local firm, but any liability incurred to a carrier for haulage or collection charges is solely your responsibility. Please contact us for details.
5.3 Where Mark Hill Auctions Ltd do not themselves undertake the removal or delivery of items for a vendor and a contractor has been instructed on behalf of the vendor by Mark Hill Auctions Ltd, acting at all times as agent of the vendor, Mark Hill Auctions Ltd cannot be held responsible for any loss or damage arising by the use of such contractor and any claim should be pursued against the contractor responsible.
5.4 Mark Hill Auctions Ltd will not be held responsible in any capacity including loss and damage for any additional items given to any removal contractors including where they are not listed on the original sales instruction/goods receipt. If you would like to consign additional items not already discussed with a valuer, please contact Mark Hill Auctions Ltd before sending them to the auction house.
6. ITEMS CONSIGNED FOR VALUATION, AND DESCRIPTIONS AND ESTIMATES
6.1 Items consigned to us for valuation will be examined, appraised and valued by our team as soon as possible. If, after two weeks from notification of valuation, the goods have not been collected, Mark Hill Auctions Ltd reserve the right to offer the items for sale or charge storage at a rate of £5 per day per lot.
6.2 Any description or sale price estimate that we give to you for any item(s) or Lot(s), whether by us saying it to you orally, written, in the Catalogue or otherwise is an expression of opinion and intended only as a guide. It should not be in any way relied upon as a statement of fact or that the estimated selling price is the price at which the Lot(s) will sell or its value for any other purpose.
7. INSURANCE
7.1 Mark Hill Auctions Ltd is not authorised by the FSA to provide insurance to its clients. However, Mark Hill Auctions Ltd, unless otherwise instructed and for its own protection, will insure property consigned to it for sale or put under its control for any other purpose. Items are insured whilst in the possession of Mark Hill Auctions Ltd against the risk of fire, theft following forcible entry, and water damage. We agree that, in the event of damage occurring that is covered under our own policy of insurance we are responsible to you. In respect of any item delivered to Mark Hill Auctions Ltd premises, if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned whether or not for an agreed value, the vendor will immediately notify his insurers of and shall himself note the interest of Mark Hill Auctions Ltd as bailees in respect of such policy or policies.
7.2 Mark Hill Auctions Ltd assumes liability for property consigned to it at the lower pre-sale estimate less the lotting fee and commission charges until the hammer falls. The liability assumed by Mark Hill Auctions Ltd shall be limited to the lower pre-sale estimate, less the lotting fee and commission charges, of the hammer price if the lot is sold.
7.3 Subject to this, risk in the Lot remains with you at all times until risk passes to the Buyer. You will indemnify us and our employees and agents, and the Buyer (where appliable) against all loss damage claims costs and expenses suffered or incurred as a result of any claim in respect of the Lot or the proceeds of the sale of the Lot.
8. PHOTOGRAPHY & ILLUSTRATIONS.
8.1 We shall be entitled to photograph, illustrate or otherwise produce images in all media forms for example, our catalogues, our social media, promotional literature, television and on either our own or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, video, audio, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, film, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant Mark Hill Auctions Ltd Auction. The rights to reproduce and re-use such will remain with Mark Hill Auctions Ltd thereafter without requesting the vendor or buyer’s permission.
9. RESERVES
9.1 The Reserve is a price below which we will not sell a lot. Prior to consigning a lot to us, we will agree with you a Reserve for that lot. The Reserve cannot exceed the lower end of the estimate, but may be higher than the starting bid during the auction. We shall not publicise the Reserve.
9.2 Reserves must be reasonable and we may decline to offer goods in our Auction with what in our opinion is an unreasonably high reserve in which case the applicable goods carry the storage and loss charges stipulated in these Terms and Conditions. A reserve, once set, cannot be changed except with our consent.
9.3 The Seller is to confirm whether the reserve is to be ‘fixed’ or 'discretionary', based on our advice. Where you give us ‘discretion’ on a Reserve, we may accept a bid of up to 10% below the formal Reserve.
9.4 Where a Reserve has been placed, only we may bid on your behalf and only up to the Reserve (if any) and you may in no circumstances bid personally, nor may you permit any person to bid on your lot on your behalf.
9.5 Reserves are not usually accepted for lots expected to realise below £100.
9.6 Reserves must be submitted to us at the time of consignment and can be amended, with our consent, up to the point at which the catalogue is published online.
10. UNSOLD LOTS
10.1 If at the end of the Auction, your lot is unsold (other than because it was withdrawn) the Lot will be available for After Sale offers. Registered Bidders may contact us and offer to purchase a Lot after the Auction for a period of three days following the auction. If the bid meets or exceeds the Reserve, we may authorise the sale of your Lot without contacting you and the sale will be completed as if the Lot had been sold during the Auction. If the bid is less than the Reserve, we will contact you. If you accept the bid and wish to proceed, the sale will be completed as if the Lot had been sold during the Auction. In both instances, you will pay the same charges as if the lot had sold during auction.
10.2 You may contact us at any time after the Auction to remove your Lot from the After Sale process.
10.3 Where, in our opinion, an item is unsaleable you must collect such items from our premises within 10 days of being so informed. Otherwise, storage charges will be incurred at £5 plus VAT per item per day. After 45 days, we reserve the right to donate the lot to charity.
11. RE-OFFERS
11.1 Subject to our discretion, your unsold Lot can be re-offered at a future auction at a revised Estimate and Reserve with your agreement, or can be collected from our premises within 14 days by you, otherwise, storage charges will be incurred at £5 plus VAT per item per day. You are responsible for collection and transportation arrangements and costs.
12. WITHDRAWN ITEMS & FEES
12.1 We may, at any time, withdraw from auction any Lot which we feel breaches our Terms and Conditions, is a deliberate forgery, or for any other legal, reputational or operational reason. You will collect the withdrawn Lot(s) from us within 14 days of our notification, and you are responsible for collection and transportation arrangements and costs. After 14 days a storage charge of £5 plus VAT per item per day will be made.
12.2 If you decide to withdraw a lot after it has been consigned for sale at auction with us, we reserve the right to charge you a Lotting fee of £10 plus VAT per lot and a fee of 20% plus VAT of the low estimate for each of the lots withdrawn.
13. ELECTRICAL ITEMS
13.1 These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense within 14 days after you have been notified. After this time storage fees will apply at £5 plus VAT per item per day. We reserve the right to dispose of unsafe goods as refuse, at your expense. We can arrange PAT inspections of electrical goods at an additional cost to you of £10 plus VAT per item.
14. SOFT FURNISHINGS
14.1 The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense within 14 days after you have been notified. After this time storage fees will apply at £5 plus VAT per item per day. We reserve the right to dispose of unsafe goods as refuse, at your expense, after 14 days. The rights of disposal are subject to the provisions of The Torts (Interference with Goods) Act 1977.
15. PICTURE FRAMES AND GLAZED PICTURES
15.1 You understand and agree that we are not liable for damage to gilded picture frames, plaster picture frames or picture frame glass; if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we see fit and will be under no liability for doing so.
16. ANTI-MONEY LAUNDERING REGULATIONS
16.1 We are obliged to comply with Anti-Money Laundering regulations which apply to individuals and businesses who deal in the sales, purchases and storage of works of art with a value of €10,000 (or equivalent) or more.
16.2 This includes verifying the identity of all customers we transact with as well as any beneficial owners on behalf of whom they may transact. Vendors who are unable or refuse to supply required identification documents and proof of address will not be able to consign to Mark Hill Auctions Ltd.
16.3 Copies of customer due diligence checks will be stored for as long as it is necessary to satisfy legal requirements in an appropriate storage facility, which for the avoidance of doubt may include storage solely in electronic form. We reserve the right to withhold the monies owed until the vendor provides the information necessary to complete the anti-money laundering checks.
17. DESCRIPTIONS & ESTIMATES
17.1 It is important that you assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances, responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your Lot(s) unless informed to the contrary.
17.2 Where we are obligated to return the price to the buyer when the lot is a deliberate forgery under clause 9 of our ‘Terms & Conditions of Business – Buyer’ and we have accounted for you for the proceeds of sale, you agree to reimburse us the sale proceeds within 7 days of our written notice to you to do so.
17.3 Any sale price estimate that we give to you for any Lot(s), whether by us saying it to you orally, written, in the Catalogue or otherwise is an expression of opinion and intended only as a guide. It should not be in any way relied upon as a statement that the estimated selling price is the price at which the Lot(s) will sell or its value for any other purpose. As any estimate can be subject to change, it is advisable to speak with us as to the estimated selling price of any Lot(s) nearer the time of the sale.
18. CONDITIONS FOR SALE
18.1 The Seller agrees that all goods will be sold subject to our Terms and Conditions The Seller warrants to Mark Hill Auctions Ltd that they are the true owner of the property, or is properly authorised to sell the property by the true owner and is able to transfer a good and marketable title to the property, free from any third party claim.
18.2 The vendor undertakes to indemnify Mark Hill Auctions Ltd its servants, employees, consultants and the Buyer against any loss or damage suffered by either in consequence of any breach of the above on part of the vendor.
18.3 The vendor affirms that any details provided to Mark Hill Auctions Ltd regarding themselves or the Lot are true and complete.
18.4 The vendor undertakes to compensate Mark Hill Auctions Ltd and any buyer or third party for all losses, liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
18.5 We will also, at our discretion, and as far as practicable, confirm that an item consigned for sale does not appear on the Art Loss Register, which is administered by an independent third party.
19. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST
19.1 The vendor authorises Mark Hill Auctions Ltd to deduct the Lotting Fee and the Seller’s Commission at the stated rate and all expenses incurred for your account from the hammer price and consents to our right to retain beneficially the premium paid by the Buyer in accordance with our Terms and Conditions.
19.2 Expenses include, but are not limited to, costs associated with advertising, CITES, Gemstone reports & certificates of authenticity.
20. INTRODUCTORY COMMISSION
20.1 Mark Hill Auctions Ltd reserves the right to make occasional, relevant and appropriate Introductory Commission payments to third parties, without cost to the Sellers or Buyers.
21. INTEREST AND THE CLIENT BANK ACCOUNT
21.1 The vendor authorises Mark Hill Auctions Ltd to retain any interest which may be accrued (or offset) on the deposit of sale monies in its bank accounts, Mark Hill Auctions Ltd Client Account, and Mark Hill Auctions Ltd.
22. WAREHOUSING & STORAGE
22.1 We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make a minimum warehousing or storage charge of £5 plus VAT per lot per day. Larger items may incur a higher fee.
22.2 Unsold lots are subject to the same charges. If items are not removed within 10 days we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to charity or the local authority for disposal.
22.3 Mark Hill Auctions Ltd will not be held responsible in any capacity for items that haven’t been agreed to be consigned.
23. DISPOSAL
23.1 The vendor authorises Mark Hill Auctions Ltd without communication to dispose of any item(s) which, in the opinion of Mark Hill Auctions Ltd, possesses no saleable value or is unsold and the vendor hereby agrees to repay any proper charges paid by Mark Hill Auctions Ltd on his behalf to the disposal facility/ charity.
24. RESCISSION
20.1 If within a reasonable period the buyer makes a claim to rescind the sale on any of the grounds set out in our Terms and Conditions, and Mark Hill Auctions Ltd consider them to be justified, Mark Hill Auctions Ltd is authorised to rescind the sale and refund to the Buyer any amount paid to Mark Hill Auctions Ltd in respect of the Lot(s) in question, reclaiming the net proceeds of the sale from the Seller, if already paid.
25. THE AUCTION
25.1 The representative of Mark Hill Auctions Ltd conducting the auction (“The Auctioneer”) has absolute discretion to divide, combine, and consolidate or to withdraw any of the Lot(s) from the sale, to refuse bids and regulate the bidding of any Lot(s) without giving reason or previous notice. The Seller further authorises Mark Hill Auctions Ltd to accept a bid by telephone, digital or electronic means, or a commission bid, whether or not in writing.
26. DEFAULT
26.1 Mark Hill Auctions Ltd disclaim responsibility for default by either vendor or buyer. We act as auctioneers, and thus agents, only and proceeds of sale are not remitted to the vendor until payment in full is received from the buyer.
27. AUCTION ASSIGNMENT
27.1 On consignment, where possible, Mark Hill Auctions Ltd will identify the most appropriate auction for your item(s). Mark Hill Auctions Ltd reserve the right to group items together or re-assign sales for any consignments should we feel it prudent, in order to maximise your financial return.
28. THE CONTRACT BETWEEN YOU AND THE BUYER
28.1 The contract between you and the Buyer will be formed when the hammer falls accepting the highest bid for the Lot at auction.
28.2 You may directly enforce any terms in the Terms and Conditions against a Buyer and/or Bidder to the extent that you have suffered damages and/or loss as a result of the Buyer and/or the Bidder’s breach of the Terms and Conditions.
28.3 If you breach these Terms and Conditions, you may be responsible for damages and/or losses suffered by a Buyer, Bidder and/or by us. If we are contacted by a Buyer and/or a Bidder who wishes to bring a claim against you, we may in our discretion provide the Buyer and/or Bidder with information or assistance in relation to that claim.
28.4 We normally act as agent only and will not have any responsibility for default by you or by the Buyer.
28.5 We may delay completion of, or cancel, any contract for sale where:
28.5.1 we have not completed our enquires pursuant to the Money Laundering Regulations and related legislation to our satisfaction, or
28.5.2 where we have concerns about the Buyer in relation to the Money Laundering Regulations and related legislation, or
28.5.3 where we have reason to believe that the transaction might be unlawful for any reason, or
28.5.4 that the sale might put us under any civil or criminal liability.
29. SETTLEMENT & PAYMENT OF SALE PROCEEDS
29.1 Provided that the Buyer has paid us for the Lot and we have completed necessary checks under the Anti-Money Laundering Regulations, we will usually pay the net sum due to you within 28 working days of the auction. The net sum is defined as the hammer price less the deduction of the lotting fee, seller’s commission, insurance charges and proper relevant expenses, and any VAT as applicable.
29.2 If the Buyer has not paid for the Lot, we will not submit payment to you. In this case, no settlement will be made. We will however discuss with you the rights that we may exercise under our Terms and Conditions in relation to a Buyer’s failure to pay. We will not release the Lot to the Buyer until we have received payment in full of the Price for the Lot and have completed the necessary checks under the Anti-Money Laundering Regulations.
29.3 You authorise Mark Hill Auctions Ltd to take such steps as Mark Hill Auctions Ltd think necessary to attempt to recover monies due from the buyer on the seller’s behalf. You hereby affirm that it shall not be incumbent upon Mark Hill Auctions Ltd to pursue the matter of amounts due provided always that Mark Hill Auctions Ltd has retained possession of the Lot(s).
29.4 You must notify us in writing if your bank account details change. We will not be responsible for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details.
29.5 If we make payments to your bank account in error, we may request reimbursement by sending you an invoice.
29.6 You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds.
30. CUSTOM TAX AND VAT
30.1 Please be aware that VAT under the margin scheme is payable, we are unable to refund the same for overseas buyers additional customs taxes may be payable both by a buyer or potential seller. Mark Hill Auctions Ltd are not responsible for any additional customs taxes. Anyone sending items from overseas to Mark Hill Auctions Ltd to be commissioned for sale or valuation may incur customs taxes which must be paid by themselves and will not be paid by Mark Hill Auctions Ltd. This tax also applies to Buyers if we despatch lots won overseas and will not be paid by Mark Hill Auctions Ltd.
30.2 Where these Terms and Conditions refer to any obligation on the Seller to make payment to us, the Seller will be liable to pay any VAT required by law or, if applicable, any amount in lieu of VAT.
31. UNSOLICITED ITEMS
31.1 Items that the Auctioneers consider saleable will be accepted under these Terms and Conditions. Any items delivered to our premises that we consider unsuitable for sale via Mark Hill Auctions Ltd will either be distributed to an appropriate saleroom of the discretion of the Auctioneer or requested to be collected by the seller within 10 days after notice.
32. LIABILITY
32.1 Any person attending the premises of the auctioneers, affirms that they are there at their own risk and shall have no claim against Mark Hill Auctions Ltd is respect of any accident, injury, loss or damage, unless caused by the negligence of Mark Hill Auctions Ltd employees. Vehicles are parked at the owner’s risk.
32.2 We are not liable to you for any loss of opportunity or disappointment caused by participating in our Auctions, nor will we be liable for any unforeseen loss or damage which occurs while complying with the Conditions of Business. If we are found to be negligent or in breach of contract, our liability will be limited solely to the Proceeds due for the sold Lot(s) or the minimum Reserve if unsold.
32.3. Save as set out in these Terms and Conditions, we exclude to the fullest extent permitted by law all warranties and conditions, whether express or implied by statue, common law or otherwise.
32.4 Nothing in these Terms shall operate to exclude or limit the liability of a party in respect of death or personal injury resulting from that party’s own negligence, for fraud or for any liability that cannot be excluded or limited under applicable law.
32.5 No party to these Terms shall be liable to any other contract, tort (including negligence) or otherwise for any indirect or consequential losses, or for any loss of profits, loss of good will, loss of revenue, loss of business or loss of anticipated savings.
32.6 Our liability to you shall not exceed £100, unless your claim relates to an item sold through an Auction in which case our liability to you shall be the Hammer Price for the relevant Lot.
32.7 We will not be responsible or liable for errors and omissions to execute bids, caused by a loss of internet connection, a breakdown or interruption of the online bidding system, or a breakdown or failure of any internet connection, computer or IT system.
33. OUR RIGHTS TO WITHDRAW THE SERVICES
33.1 At our sole discretion, Mark Hill Auctions Ltd can withdraw any Lot(s) from sale without any liability if:
33.1.1 we believe that there is any doubt as to the Lot(s) authenticity;
33.1.2 it is established or alleged that there is a breach of the warranties given by you in Clause 2.
33.1.3 you materially breach any of the terms in these Conditions of Business;
33.1.4 the Lot(s) contains any endangered species for which a sales exemption under the Convention on International Trade in Endangered Species is required and such a sales exemption has not been granted by the day before the first day of the viewing of the Mark Hill Auctions Ltd Auction for which the Lot(s) are offered for sale;
33.1.5 we consider the Lot(s) to be of insufficient sale value;
33.1.6 the Lot(s) are lost or damaged so that it is not in the state in which it was when we agreed to sell it;
33.1.7 the Mark Hill Auctions Ltd auction at which the Lot(s) was proposed to be put on sale is postponed for any reason or
33.1.8 we become aware that there is a competing title claim, right of possession by a third party over the Lot(s) or a debt secured over the Lot(s).
34. NOTICES
34.1 Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the fourth working day after posting or, if the addressee is based outside the United Kingdom, on the tenth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by email, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Mark Hill Auctions Ltd, The Pantiles Arcade, 49 Lower Walk, Royal Tunbridge Wells, Kent TN2 5TE, United Kingdom’ and quote the relevant sale date and either the Vendor’s reference number or the Buyer’s invoice number. Any notice that we send to you shall be addressed to the last address formally notified by us. Emails must be submitted to
[email protected].
35. GENERAL
35.1 No act, omission or delay by us shall be deemed a waiver or release of any of its rights under these Terms and Conditions or otherwise.
35.2 We reserve the right to change our Terms and Conditions without notice and each clause should be seen to operate separately.
35.3 No party shall have any liability in respect of any delay in performance or non-performance of its obligations under these Terms (other than an obligation to pay) owing to Force Majeure. If a party is affected by Force Majeure it shall notify the other parties as soon as reasonably possible, in any event within 5 days, and shall take reasonable steps to mitigate the effect of the Force Majeure. Risk in the Lot remains with you at all times until risk passes to the Buyer. You will indemnify us and our employees and agents, and the Buyer (where applicable) against all losses, damages, claims, costs and expenses suffered or incurred as a result of any claim in respect of the Lot or proceeds of the sale of the Lot.
35.4 Any or all part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations.
35.5 If you elect to collect the Lot or items from us you will bear all associated cost, expenses and duties.
36. LAW AND JURISDICTION
36.1 These Terms and Conditions, and all aspects or all matters, transactions or disputes to which they relate, shall be governed by and construed in accordance with the laws of England. By bidding for any Lot(s) (whether in person or by written bid, telephone or online) or offering any Lot(s) for sale at any Mark Hill Auctions Ltd auction, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.
36.2 You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, email, or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.
37. DATA PROTECTION & PRIVACY STATEMENT
37.1 We will always treat your data with care, personal details are held securely and will not be sold. Our Privacy statement is available at www.markhillauctions.com.
37.2 If you have actively consented we might send you marketing material which we feel may be of relevance to you. You can unsubscribe at any time by emailing
[email protected], or, for online communications, by clicking the ‘Unsubscribe’ link in any related email. We do not share your personal data except with transport and courier companies as applicable.
TERMS AND CONDITIONS OF BUSINESS – Bidder & Buyer
INTERPRETATION OF TERMS AND CONDITIONS
1. DEFINITIONS
1.1 In the Terms and Conditions of Business, the following terms shall have the following meanings unless the context otherwise requires:
“Absentee Bid” means a bid on Lot(s) where a Bidder is not able to be physically present, be it through an agent or by telephone, or online, a Bidder can place an absentee bid prior to the start of an auction.
“Auctioneer”, “Mark Hill Auctions”, “We”, “Us”, “Our” means the firm of Mark Hill Auctions Ltd, or its authorised auctioneer, conducting auctions by accepting bids and declaring the Lot(s) as sold on behalf of the Seller. The registered address is: The Old House, Redwell Lane, Ightham, Sevenoaks TN15 9EE England and the trading address is The Pantiles Arcade, 49 Lower Walk, Tunbridge Wells, Kent TN2 5TE England. Company Registration No: 15513626
“Bidder” means any person bidding on Lot(s) at auction.
“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including where bidding as agent.
“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to Mark Hill Auctions Ltd by the Buyer at the correct agreed applicable rate from the table below plus VAT of such Hammer Price.
Buyer’s Premium Rates on Hammer Price
First £500 - 15% of the hammer price + VAT
Amounts in excess of £500 up to and including £2,500 - 12.5% of the hammer price + VAT
Amounts in excess of £5,000 - 10% of the hammer price + VAT
“Catalogue” includes any advertisement, brochure, estimate, website page, list or other publication of Mark Hill Auctions Ltd containing details of the Lot(s).
“Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, date, origin, culture, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.
“Expenses” means, in relation to the sale or aborted sale of any Lot(s) Mark Hill Auctions Ltd charges and expenses incurred, including (but not limited to) legal expenses, charges and expenses for insurance, catalogue and other reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and postage and packing costs.
“Hammer Price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer, excluding the Buyer’s Premium, any applicable expenses and any applicable VAT.
“Live Online Bidding” means the live online bidding performed via ‘the saleroom.com’, ‘easyliveauction.com’, and any other online platforms authorised by Mark Hill Auctions Ltd.
“Lot(s)” means items offered for sale at Mark Hill Auctions Ltd.
“Mark Hill Auction”, “Mark Hill Auctions” and “Mark Hill Auctions auction” means a public auction organised and administered by Mark Hill Auctions Ltd.
“Online Bidding Fee” means the additional charge levied on Lot(s) bought via the online bidding facilities at ‘the-saleroom.com’, or ‘easyliveauction.com’, or any other online platforms authorised by Mark Hill Auctions Ltd, where applicable.
“Purchase Price” means the hammer price in respect of the lot sold together with any Buyers Premium, Value Added Tax (VAT) chargeable and any additional charges payable by a buyer or defaulting buyer under these Terms and Conditions of Business.
“Reserve” the minimum price that the Seller is willing to accept for their Lot(s) sold at auction.
“Sale Proceeds” means the net amount due to the Seller, being the hammer price of the lot sold, less Seller’s Commission at the stated rate and any other amounts due to us by the seller in whatever capacity and however arising, including the Lotting Fee.
“Seller” means the person(s) including their agent (other than Mark Hill Auctions Ltd), executors or personal representatives offering Lot(s) for sale at any Mark Hill Auctions Ltd auction. If the Seller is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Seller set out in the ‘Terms & Conditions of Business – Seller’ through Mark Hill Auctions Ltd.
“Seller’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to Mark Hill Auctions Ltd by the Seller at the correct agreed applicable rate from the table below, or as otherwise agreed, plus a £10 Lotting Fee per Lot plus VAT.
Seller’s Commission Rates on Hammer Price
First £500 - 15% of the hammer price + VAT
Amounts in excess of £500 up to and including £2,500 - 12.5% of the hammer price + VAT
Amounts in excess of £5,000 - 10% of the hammer price + VAT
“Working Day” means a day other than a Saturday, Sunday or public holiday in England.
1.2 In these Terms and Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.
1.3 The headings and sub-headings in these Terms and Conditions of Business do not form part of these Terms and Conditions of Business themselves but are for convenience only.
2. REGISTRATION PROCESS TO BID AT MARK HILL AUCTIONS LTD
2.1 All prospective bidders must complete a registration form and provide the information we require to register you to bid. This includes identification to verify you (such as a passport or driving licence) and proof of your address dated from the last three months (a council tax bill or bank statement or utility bill will be accepted) and also your bank details.
2.2 You must register to bid by 17.00 GMT on the day before the auction, but we reserve the right to impose a deadline prior to this for any other reason including but not limited to your wish to bid on high value Lot(s) and your wish to leave an absentee bid.
2.3 We may, at our sole discretion, if you fail to complete any identification and anti-money laundering checks to our satisfaction, decline to permit you to register as a Bidder. We also reserve the right to deny entry to any Mark Hill Auctions Ltd auction to any individual at our sole discretion.
2.4 Copies of customer due diligence checks will be stored for as long as it is necessary to satisfy legal requirements in an appropriate storage facility which for the avoidance of doubt may include storage solely in electronic form.
2.5 Successful bids on Lot(s) will be invoiced to the name and address and other contact details on the Registration Form.
2.6 We reserve the right to require a financial deposit to be paid to us at the point of registration for bidding on high value Lot(s). Deposits will be held in our Client Account and will be refunded after the auction if you are not a successful bidder. If you are the successful bidder, we reserve the right to use the entire Deposit to pay for, or as part payment for, the Lot(s).
2.7 Please note we accept payment by debit and credit cards, and by bank transfer, but we do not accept payment with cash, by cheque, or payment with an American Express card.
2.8 We act as agent for the Seller and any contract for the sale of Lot(s) at the Auction, whether placed in person, by telephone, in writing, by email, or through Live Online Bidding, will be made between the Seller and the Buyer (except where we have a direct or indirect financial interest in the Lot(s) in which case we will act as principal.) If you are bidding solely for yourself you will be held personally liable to pay the purchase price for the Lot(s) and all other sums due.
2.9 All bids must be made in English and pounds sterling.
2.10 Bidders shall be deemed to act as principals.
2.11 You warrant to us and the Seller that you will not bid on any lot that you do not intend to pay for, that you have the funds to complete the purchase at the total value of Hammer Price, Buyer’s Premium plus with VAT at the prevailing rate and any applicable fees and charges, and you agree that if you win the lot you will be liable to these Terms and Conditions of Business.
3. IF YOU ARE BIDDING ON BEHALF OF ANOTHER PERSON
3.1 If you are bidding on behalf of another person who has been approved by us, you will act as agent for the third party and you and the third party will be jointly and severally liable for the Purchase Price for the Lot(s) plus any other Expenses and fees we reasonably incur.
4. ABSENTEE AND COMMISSION BIDS
4.1 Whilst prospective buyers are strongly advised to attend the auction or the pre-auction viewing and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its authenticity and condition, we will if so instructed clearly and in writing, via telephone, at our premises, or via our website execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure of the bidder or buyer to inspect the Lot(s).
4.2 Absentee bids left indicate the maximum amount to be bid against a Lot(s) excluding Buyer’s Premium, any other applicable charges and VAT at the prevailing rate on the relevant services. We will execute Absentee Bids as cheaply as possible, taking note of the Reserve and any competing bids.
4.3 If we receive two or more Absentee Bids on a particular Lot(s) for the same amounts being the highest accepted bids, we will attempt, to the best of our ability, to sell the Lot(s) to the Bidder whose Absentee Bid was received or accepted first by us.
4.4 Due to other commitments at the busy period prior to the start of an Auction, we do not accept liability for any errors or omissions when dealing with Absentee Bids received by telephone, in writing or online.
4.5 Telephone bidding is offered solely at our discretion and may not always be available or possible. Neither we nor our employees nor agents will be responsible for any failure to execute your telephone bid.
5. ONLINE BIDS
5.1 We also accept bids through Live Online Bidding at 'the-saleroom.com', ‘easyliveauction.com’ and 'markhillauctions.com’. For bidding via online portals, as well as these Terms & Conditions of Business, the Internet bids through Live Online Bidding are governed by the respective online bidding service providers’ terms of use. In the event of any conflict between these Terms & Conditions of Business and the online bidding service providers’ terms of use, our terms and conditions will override. You agree that you will also strictly comply with all local laws and regulations in force if you are bidding online outside of the United Kingdom.
5.2 At some Mark Hill Auctions Ltd auctions, there may be a video or digital screen in operation for the convenience of bidders using Live Online Bidding. Errors may occur in its operation, the quality of the image reproduced on the screen and/or the correspondence of the screen image to the original. We do not accept liability for any such errors due to events beyond our reasonable control.
5.3 Neither we nor the seller will be liable for any difficulty in executing bids due to, but not exclusively caused by, errors with internet connection, bidding software, computer or phone connectivity or operation.
6. CONDUCT OF A MARK HILL AUCTION
6.1 We have discretion at any time to refuse any bid, withdraw Lot(s) or re-offer Lot(s) for sale if we believe there may be an error or dispute. We do not accept liability for any errors or omissions for any bids received by telephone, or online if the error/omission was beyond our reasonable control.
7. AGENCY AND PRIVATE TREATY SALES
7.1 The auctioneer acts as agent only and disclaims any responsibility for default by sellers or buyers, unless we are the Seller of the Lot(s).
7.2 Private treaty sales made under these Terms and Conditions are deemed to be sales by auction for purposes of consumer legislation.
8. DESCRIPTIONS, CONDITION REPORTS, ESTIMATES AND BIDDER’S DUTY TO INSPECT THE LOT(S)
8.1 Our knowledge of the Lot(s) is dependent on the information provided by the Seller and our own opinion, knowledge and inspection, and it is impractical for us to carry out exhaustive, detailed examinations and due diligence of the Lot(s) in the way a Buyer may do. Written or verbal representations or statements by us regarding authorship, genuineness, authenticity, origin, date, age, provenance, condition or estimated selling price involve matters of opinion and not fact. We are not liable for any errors or omissions contained therein, but undertake that any such opinions will be honestly and reasonably held and are based on our expertise, experience and knowledge.
8.2 We make every effort to ensure the accuracy of any statement regarding the Lot(s), made verbally or in writing or in our Catalogues; however we give no representations or warranties on any statement we make in respect of age, attribution, authenticity, authorship, genuineness, condition, date, origin and provenance of the Lot(s), made verbally or in writing or in our Catalogues. You acknowledge this and accept responsibility for carrying out inspections and investigations to satisfy yourself as to the Lot(s) you may be interested in, and prior to bidding.
8.3 Due to the nature of the Lot(s) sold, they are likely due to age to show signs of wear and tear, other imperfections, damage, restoration or repair and are sold ‘as is’. To assist you, we provide descriptions of the Lot(s) and will also provide a condition report. You will also note that the Lot(s) may have other faults not expressly referred to in the Catalogue, description or condition report. You acknowledge this and accept responsibility for carrying out inspections and investigations to satisfy yourself as to the Lot(s) you may be interested in, and prior to bidding. Mark Hill Auctions Ltd will not be liable or held responsible for any damage or defect that has not been notified to the bidder or buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
8.4 We will provide you with opportunities to view and inspect the Lot(s) before the auction. We strongly recommend that you view the lots in person if possible. Viewing at our premises is available by appointment only both for in person or online virtually.
8.5 If you fail to take any of the above measures, you do so at your own risk. You will not be able to withdraw from the sale once your bid has been accepted without incurring financial consequences. Prospective buyers bid on the understanding that, inevitably, representations or statements made verbally or in writing or in our catalogues by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinions shall be honestly and reasonably held and are based on our expertise, experience and knowledge. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded.
8.6 The estimate is a guide to help you gauge how much you might have to spend to purchase the Lot. Estimates can change, they are not definitive and should not be thought of as the sale price. Estimates do not include the Buyer’s Premium or VAT at the prevailing rate and any applicable fees, charges or expenses. Estimates may be altered by a saleroom notice, or announcement by the Auctioneer before the Lot is offered.
8.7 You are entirely responsible for your decision to bid for a Lot(s) and if you bid on a Lot, including by live, telephone, absentee bid or online bidding, we will assume that you have carefully inspected the Lot(s) prior to bidding and have satisfied yourself regarding its authenticity, genuineness, age and condition.
8.8 We are not liable for damage to gilded picture frames, plaster picture frames or picture frame glass; if the Lot(s) is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we see fit and will be under no liability for doing so.
9. FORGERIES
9.1 If we sell a Lot(s) at Mark Hill Auctions Ltd, which prove(s) to be a Deliberate Forgery, we shall refund only to the Buyer the total amount paid, this being the total amount the Buyer can recover from us irrespective of any other form of valuation. Neither we nor the Seller will be liable for any special, indirect or consequential losses or damages that the Buyer incurs as a result of the Lot(s) proving to be a Deliberate Forgery. In the event the Buyer believes the Lot(s) to be a Deliberate Forgery, the Buyer must:
9.1.1 notify us
(i) no later than one calendar month following the conclusion of the sale of the relevant Lot(s);
(ii) of the date of the Auction the relevant Lot(s) were purchased at and
(iii) within 14 days of the Buyer receiving any information that makes them question the authenticity or attribution of the Lot(s);
9.1.2 be able to transfer good title in the Lot(s) to us free from any charges or third party claims; and
9.1.3 on our instruction, and at their cost, instruct two independent experts agreed by the parties to provide professional advice on whether the Lot(s) are a Deliberate Forgery. After deliberating the contents of the expert reports, and at our sole discretion (not being bound by such expert’s conclusions), if we determine that the Lot(s) is a Deliberate Forgery we will refund the total amount paid only as above.
9.2 the Lot(s) must be in the same condition as when bought, and must be accompanied by particulars identifying it from the relevant catalogue description and a written statement of any identifying defects.
9.3 If you are personally not able to transfer a good and marketable title in the Lot(s) to us, you shall have no rights under this condition.
9.4 The Buyer has no right to a refund in the event of claiming the Lot(s) are a Deliberate Forgery where:
9.4.1 the Catalogue description of the Lot(s) at the time of the sale was the generally accepted opinion of scholars and experts;
9.4.2 if, at the date of its sale the only way of confirming the Lot(s) were a Deliberate Forgery was by scientific or other processes which were not available until after the Lot(s) was published in the Catalogue; or
9.4.3 we were not notified that the Lot(s) may be a Deliberate Forgery by the Buyer within one calendar month from the conclusion of the sale in accordance with clause 9.1.1.
10. AT THE AUCTION
10.1 Subject to our sole discretion, the person making the highest bid for any Lot(s) that is accepted by the Auctioneer at the Auction will be sold the Lot(s) and that highest bid shall be the hammer price. The striking of the hammer by the Auctioneer marks the acceptance of the highest bid and formation of an irrevocable contract for the purchase of the Lot(s) between the Seller and the Buyer. The Buyer shall become legally responsible for the Lot(s) at the fall of the hammer.
10.2 Any dispute about a bid shall be settled at the auctioneer’s absolute discretion by re-offering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
10.3 Our right to bid on behalf of the Seller is expressly reserved up to one bid below any Reserve.
10.4 Bidding increments shall be at the auctioneer’s sole discretion and will be in line with standard auction practice.
11. PAYMENT AND COLLECTION
11.1 Immediately a Lot is sold the Buyer will give to us, if requested, proof of identity, and pay to us the total amount due or in such other way as is agreed by us.
11.2 Any payments by the Buyer to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether expressed or implied.
11.3 In order to comply with Anti-Money Laundering regulations we reserve the right to require proof of identity and proof of the source of funds and/or confirmation of the nature and source of wealth for all receipts of monies paid over €10,000 (or the equivalent). Lots will only be released once we have completed the necessary checks under the current Anti-Money Laundering Regulations as applicable.
11.4 You warrant that the funds you (or the person you are bidding on behalf of) are not connected with any criminal activity or tax evasion schemes.
11.5 The Buyer will be liable to pay to us the sum total of the Hammer Price, the Buyer’s Premium, the Online Bidding Fee if applicable, and any other applicable charges, fees or Expenses, plus any VAT due at the prevailing rate (the “Purchase Price”) in pounds sterling. Payment is due by the Buyer within 5 working days following the sale of the Lot(s) irrespective of any export, import or other licences.
11.6 If the Artists Resale Rights Regulation 2006 or Droite de Suite applies to any Lot(s), the buyer agrees to pay us an amount equal to the applicable resale royalty provided for in that regulation and we shall undertake to the Buyer to pay that amount to the relevant artist’s collection agent.
11.7 Where Value Added Tax on the hammer price is imposed by law it will be charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lot(s). VAT on books and unframed maps will not be charged.
11.8 We have the right to lawful possession of the Lot(s) until the Purchase Price and any other costs reasonably incurred by Mark Hill Auctions Ltd in connection with the storage of such Lot(s) if applicable have been paid in full and in cleared funds to us. All lots shall be at the sole risk and expense of the respective Buyer and the Buyer will be responsible for arranging and maintaining suitable insurance for the Lot(s) following the fall of the hammer.
11.9 All buyers will be sent a payment request where possible via email. Payment can be made with debit cards or via bank transfer. Credit cards are accepted at the discretion of Mark Hill Auctions Ltd. Cash or cheque payments, or payments made by American Express cards, are not accepted under any circumstances.
11.10 Following payment of the Purchase Price in cleared funds, the Buyer must collect the Lot(s) from our premises at their own cost within 7 working days from the date of sale. If the Buyer fails to collect the purchased Lot(s) or no other arrangements for collection/delivery have been made, within 5 working days of the Auction, the Lot(s) will be stored at the Buyers expense and risk by us. Storage may be charged at a rate of £5 plus VAT per day per Lot at our discretion.
11.11 Invoices will not be split or title transferred to another person(s).
11.12 In addition to any other rights in these Terms & Conditions of Business, and the Terms & Conditions of Business – Seller, we may have to cancel a contract for sale in the event that:
11.12.1 You are in breach of your warranties in the relevant clause of these Terms and Conditions of Business.
11.12.2 We have reason to believe that the transaction may be unlawful for any reason, or that the sale may put us under criminal or civil liability.
11.12.3 We have not been able to complete to our satisfaction our obligations under the Anti-Money Laundering Regulations or related legislation.
11.13 The packing and handling of any Lot(s) is entirely at the Buyer’s risk and expense and we shall not, in any circumstances, be responsible for any acts or omissions of the packers or shippers. Mark Hill Auctions Ltd offer a postage service. Please contact us to discuss your requirements.
11.14 All buyers/couriers must check their purchases prior to departure from the auction/saleroom. Mark Hill Auctions Ltd will accept no claims for loss or damage thereafter.
11.15 If you have requested a third party to collect your item on your behalf we must have received written confirmation from you first, and the third party collecting your Lot(s) must show us matching proof of identity. We will not release any items where formal confirmation in such a manner has not been provided.
11.16 In the event of any Lot(s) remaining uncollected at the expiration of 40 days from the date of auction, or once the storage charges become greater than the hammer price of the Lot(s), whichever comes first, the Lot(s) shall be re-offered by public or private sale. The Auctioneers shall retain, out of the hammer price realised, the cost of storage deducted from the sale proceeds and any other expenses of such resale, and the balance (if any) shall be paid to the purchaser. We reserve the right to charge you a selling commission at our standard rates on any such resale of the Lot(s).
12. NON-PAYMENT OF THE PURCHASE PRICE AND FAILURE TO COLLECT LOT(S)
12.1 If the Buyer fails to pay us the purchase price for the Lot(s) and the Lot(s) is/are not taken away in accordance with our Terms and Conditions or if there is any other breach of these Conditions, we as agent for the Seller and on our own behalf, or the Seller, shall within seven days of the Auction, and at our sole discretion, be entitled to proceed against the Buyer for damages for breach of contract and exercise the following rights:
12.1.1 store the Lot(s) at the Buyer’s sole risk and expense. We shall charge interest at a rate of 1.5% per month on the total amount due to the extent it remains unpaid for more than 5 working days after the sale;
12.1.2 We will retain that Lot or any other Lot sold to the Buyer until they pay the total amount due.
12.1.3 cancel the purchase of any or all of the Lot(s) by the Buyer;
12.1.4 We will apply any proceeds of sale of other Lots due or in future becoming due to the Buyer towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
12.1.3 resell the Lot(s) at a Mark Hill Auctions Ltd Auction or a private sale without prior notice and the Buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus generated after our fees are paid will belong to the Seller.
12.1.4 hold the Buyer in breach of contract and commence County Court proceedings for the recovery of the Purchase Price together with interest, legal fees and all other costs associated with commencement of legal proceedings;
12.1.5 only release Lot(s) we hold upon payment of the Purchase Price and any associated storage costs
12.1.6 Refuse the Buyer entry into and reject or decline all bids made by the Buyer or their agent at any future Mark Hill Auctions Ltd Auctions.
12.1.7 We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.
13. WARRANTY OF TITLE AND AVAILABILITY
13.1 The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign for sale and is able to transfer good and marketable title to the property free from any third party claims.
13.2 Save as expressly set out above, all other warranties, conditions or other terms which might have effect between the Seller and you, or us and you, or be implied or incorporated by statute, common law or otherwise are excluded to the fullest extent permitted by law.
13.3 As far as the seller is aware all details of the descriptions of the lot as laid out in the catalogue are correct.
13.4 The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment for Public Auctions as notified to the consignor at the time of the entry of the Lot.
13.5 Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
14. IMPORT AND EXPORT OF LOT(S)
14.1 The exportation of any Lot(s) from the United Kingdom or the importation into any country may be subject to one or more export, import, firearm, endangered species or other permit. Many countries require a declaration of export of property into the country. Local laws may prevent a Buyer from importing a Lot(s). We are not under any obligation to cancel the purchase and refund the Buyer the Purchase Price if the Lot(s) may not be exported, imported, or if seized by any government authority.
14.2 If the Lot(s) you purchased is to be exported to a country outside the UK, all duties, taxes and licences on the export of the Lot(s) are your responsibility.
15. LOTS MADE OF OR CONTAINING PROTECTED SPECIES
15.1 You should check the relevant customs laws and regulations before bidding on any Lot(s) which are made of or including endangered or other protected species of wildlife which includes amongst others: Ivory, Tortoiseshell, Crocodile skin, Rhinoceros’ horn, Whalebone, certain species of coral and Brazilian rosewood. Several countries refuse to import such materials and some countries require a licence from the relevant regulatory agencies.
16. THE EXCLUSION OF CONSUMER RIGHTS LEGISLATION
16.1 Where the Lot(s) sold at Mark Hill Auctions Ltd are for second hand goods, the Buyer will be excluded from statutory consumer remedies and cancellation rights on the purchase of such Lot(s), e.g. vintage electrical and other vintage items sold as collectors’ items or ornaments not intended for use.
17. OUR LIABILITY TO BIDDERS AND BUYERS
17.1 We give no guarantees or warranties to the Buyer and any implied conditions or warranties, whether imposed by the Sale of Goods Act 1979 or otherwise (ii) in particular, any representation or statement we make by or is made on behalf of us, whether verbally by any of its directors, officers, employees, agents or sub-contractors or printed in any Catalogue or any advertisement, brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, provenance, value, fit for purpose, description, size or importance is opinion only, may be amended prior to the Lot being offered for sale (including whilst the Lot is in public view) and is not to be taken as being or implying any warranty or representation of fact by us; and (iii) neither We nor any of our directors, officers, employees, agents, consultants or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements, save for any representations made fraudulently.
17.2 Except as it relates to any liability for death or personal injury resulting from our negligence (for which we in no way seek to exclude or limit our liability), our liability for any claim brought against us by any Buyer in respect of any Lot(s) shall be limited to the aggregate of the Hammer Price for the Lot(s) and the Buyer’s Premium actually paid to us in respect of the Lot(s).
17.3 All bidders, buyers and other members of the public on our premises are there at their own risk and must note the layout of the building and any security arrangements. Neither the auctioneer nor our employees or agents shall incur liability for death or personal injury or for the safety of the property of persons visiting prior to or at a sale (except in each case as may be required by law by reason of our negligence).
17.4 We are not liable to you for any loss of opportunity or disappointment caused by participating in our Auctions, nor will we be liable for any unforeseen loss or damage which occurs while complying with the Conditions of Business. If we are found to be negligent or in breach of contract, our liability will be limited solely to the Proceeds due for the sold Lot(s) or the minimum Reserve if unsold.
18. PHOTOGRAPHS, IMAGES, ILLUSTRATIONS AND COPYRIGHT
18.1 We shall be entitled to photograph, illustrate or otherwise produce images in our Catalogues, promotional literature and on either our own or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant Mark Hill Auctions Ltd Auction. The Buyer warrants that they shall not use any such photographs, illustrations, images and/or written material of or pertaining to that Lot(s) without our prior written consent and you shall fully indemnify us on a continuing basis against all costs, claims, demands, expenses, losses, damages and liabilities of whatsoever nature arising out of, or in connection with, any breach by us of this warranty.
18.2 The Seller and Mark Hill Auctions Ltd make no representations and give no warranties as to whether any Lot(s) is subject to copyright or as to whether the Buyer of that Lot will acquire any copyright or other reproduction rights in it.
19. VALUE ADDED TAX.
19.1 Value added tax (VAT) will be added to the Buyer’s Premium and any other service applied to the Lot(s) and its related sale process.
19.2 Where VAT on the hammer price is imposed by law it will be charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lot(s). VAT on books and unframed maps will not be charged.
20 GENERAL
20.1 We have the right at our discretion (and without need of an explanation) to refuse admission to our premises or attendance at our auctions by any person.
20.2 No act, omission or delay by us shall be deemed a waiver or release of any of its rights under these Conditions of Business or otherwise.
20.3 No party shall have any liability in respect of any delay in performance or non-performance of its obligations under these Terms (other than an obligation to pay) owing to Force Majeure. If a party is affected by Force Majeure it shall notify the other parties as soon as reasonably possible, in any event within 5 days, and shall take reasonable steps to mitigate the effect of the Force Majeure. Subject to Clause 4.b, risk in the Lot remains with you at all times until risk passes to the Buyer. You will indemnify us and our employees and agents, and the Buyer (where applicable) against all losses, damages, claims, costs and expenses suffered or incurred as a result of any claim in respect of the Lot or proceeds of the sale of the Lot.
20.4 Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by email, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Mark Hill Auctions Ltd, The Pantiles Arcade, 49 Lower Pantiles, Royal Tunbridge Wells, Kent TN2 5TE’ and quote the relevant sale date and either the Seller’s reference number or the Buyer’s invoice number. Any notice that we send to you shall be addressed to the last address formally notified by us.
21. DATA PROTECTION AND PRIVACY NOTICE.
21.1 We will hold and process any personal data in relation to you in accordance with our current privacy policy, a copy of which is available on our website at markhillauctions.com
21.2 If you have actively consented we might send you marketing material which we feel may be of relevance to you. You can unsubscribe at any time by emailing
[email protected] or by clicking the ‘Unsubscribe’ link on the communication. We do not share your personal data except with transport and courier companies as applicable.
22. FAIRNESS
22.1 Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
23. CHANGES
23.1 We reserve the right to change our Terms and Conditions without notice and each clause should be seen to operate separately. These terms are between you and us exclusively and are governed in accordance with the laws of England and the jurisdiction of the English courts only.
24. LAW AND JURISDICTION
24.1 These Terms and Conditions of Business, and all aspects or all matters, transactions or disputes to which they relate, shall be governed by and construed in accordance with the laws of England. By bidding for any Lot(s) (whether present or by agent, by written bid, telephone or online) or offering any Lot(s) for sale at any Mark Hill Auctions Ltd Auction, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.
24.2 You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, email, or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.
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