1. DEFINITIONS. In these Conditions Stephen Fitzpatrick, who act only as auctioneers and agents for the vendors, are called “the auctioneers”, and the representatives of Stephen Fitzpatrick conduction the auction is called “The Auctioneer”.
2. GENERAL. Whilst Stephen Fitzpatrick make every effort to ensure the accuracy of their catalogue and the description of every lot
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of description
(b) Stephen Fitzpatrick do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor to certify, and in such case the Auctioneers do as agents of the vendor and are not themselves responsible for such claims
(c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representation of fact by Stephen Fitzpatrick, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do as agents of the vendor and are not themselves responsible for such claims.
(d) Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.

3. THE AUCTION
(a) The Auctioneer has absolute discretion to divide any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
(c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
4. RESCISSION. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale Stephen Fitzpatrick have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to Stephen Fitzpatrick in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Stephen Fitzpatrick that considered in the light of entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institute of Chartered Surveyors. Both the buyer and the vendor agree to be bound by the decision.
5. DEFAULT. Stephen Fitzpatrick disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to vendor until payment is received from the buyer. Instructions given by telephone or email are accepted at the sender’s risk and must be confirmed in writing forthwith.
6. In the event of a sale by private treaty both vendor and the buyer agree to be bound by the General and any Special Conditions of Sale

BUYERS CONDITIONS

7. INSPECTION. Each Buyer by making a bid for a lot acknowledges that they are satisfied themselves fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
8. PROPERTY AND RISK. Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneer shall be entitled to a lien on any lot sold until the purchase price is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names, permanent address, contact telephone number and email address and if called upon by the Auctioneer shall forthwith pay Stephen Fitzpatrick such proportion of purchase price as the Auctioneer may require If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
9. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Stephen Fitzpatrick that he acts as agent on behalf of a named principal.
10. REMOVAL OF GOODS.
(a) No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by the end of the second working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehouse charge of 45p per lot per day. If they are not paid for and removed within seven of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
(b) In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above the Bank of England Base Rate upon the price of any lot which has not been paid for within 48hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder’s own cheque. Cheques drawn by third parties, whether in the Auctioneer’s favour or requiring endorsement, cannot be accepted.
11. PURCHASE PRICE. The purchaser shall pay the hammer price together with a premium of 18% of the hammer price. The premium is not negotiable and is payable by ALL purchasers