‘The Guernsey Auction House’ Terms and Conditions
Published January 2022
1. Introduction
1.1 These Terms and Conditions, as amended from time to time shall apply to all Services we undertake.
1.2 No variation of these Terms shall be binding on us unless we agree to them in writing.
1.3 We reserve the right to add to, alter, amend or withdraw any of the provisions of these Terms and Conditions without notice.
1.4 By engaging us to carry out the Services or by becoming a Bidder you are agreeing with, and to abide by, the Terms and Conditions.
2. Definitions and Interpretation
“Auction” the live or timed auction at which a Lot is presented for sale by The Guernsey Auction House;
“Auctioneer” the authorised representative of The Guernsey Auction House conducting the Auction;
“Bidder” a person who has completed and submitted a Bidding Form to the Auctioneer and which term shall include, where the context so admits, potential Bidders;
“Bidding Form” the form or such document or agreement as we, in our absolute discretion, shall agree to be a Bidding Form and shall include any form of registration to bid at an Auction created by easyliveauction.com;
“Buyer” with respect to a Lot, the person to whom a Lot is knocked down by the Auctioneer;
“Buyer’s Premium” (1) the sum of £5 (five pounds) or as otherwise specifically stated in the Catalogue; and
(2) if applicable in relation to the Auction, Easy Live Auction’s internet surcharge as more particularly set out on their website www.easyliveauction.com;
“Catalogue” the list of Lots presented by The Guernsey Auction House for sale, for and on behalf of Sellers, at an Auction; which may include Descriptions and Photographs;
“Commission” the sum equal to the highest value in monetary terms of:
- £5 (five pounds);
- 15% (fifteen percent) of the Hammer Price;
“Condition Report” a report on the physical condition of a Lot provided to a Bidder by the Auctioneer for on behalf of a Seller;
“Description” any written statement regarding a Lot contained in the Catalogue;
“Disposal Agreement” as set out in the Sale Form;
“Estimate” a statement of The Guernsey Auction House’s opinion on the range within which a Lot may sell;
“Expenses” charges and expenses paid or payable by or to The Guernsey Auction House with respect to a Lot including (but without limitation) legal expenses, banking charges, advertising, packaging, shipping costs, customs duties, taxes, levies, storage charges and removal charges;
“Forgery” an imitation, intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Auction had a value materially less than it would have had if the Lot had not been such an imitation. A Lot will not be a Forgery by reason of any damage to, restoration of and modification having been carried out to the Lot. Further, if the Description identified that there was conflict or doubt as to the veracity of the information set out in relation to the Lot the Buyer will be unable to claim that such Lot is a Forgery;
“Hammer Price” in a live Auction, the price at which a Lot is knocked down by the Auctioneer; and in a timed Auction, the last price recorded when the timed Auction concludes;
“knocked down’ when a Lot is sold to a Bidder, indicated in a live Auction by the fall of the hammer or, in a timed Auction, the close of the period during which bids may be made;
“Purchase Price” the sum of:
- the Hammer Price;
- the Buyer’s Premium; and
- the Expenses (if any);
“Reserve” the minimum price at which a Lot may be sold whether at Auction or by private treaty;
“Sale Form” the form signed by the Seller identifying the Lots the Seller is asking The Guernsey Auction House to sell at Auction or by private treaty;
“Seller” the person who offers the Lot for sale through The Guernsey Auction House at an Auction or by private treaty and as named in the Sale Form;
“Services” the sale, by way of Auction or private treaty, of Lots; the collection of Lots from a Seller; the storage of Lots pending sale at Auction or otherwise; the holding of the Auction; the storage of Lots after an Auction; the shipment of Lots, the disposal of unsold Lots in accordance with the Disposal Agreement or as otherwise agreed with the Seller in writing;
“Sale Proceeds” the Hammer Price less:
- the Commission; and
- the Expenses (if any);
“The Guernsey Auction House” No.9 Limited (a company incorporated in Guernsey with registration number 67597) and “our”, “we” and ‘us’ shall have a corresponding meaning; and
“Without Reserve” where there is no minimum price at which a Lot may be sold (whether at Auction or by private treaty).
3. Terms in relation to Services provided to the Seller
3.1 In this section 3 all references to “you” and “your” relate to the Seller.
3.2 As your agent, we are not under any obligation, either to you or to any Buyer under a contract for sale that you make through us. Our liability to you is governed in accordance with these Terms and Conditions.
3.3 Subject to the other provisions of these Terms and Conditions, on receipt and acceptance by us of a duly completed Sale Form, we agree:
3.3.1 to act as your agent for the purposes of selling the Lot at Auction or by private treaty;
3.3.2 to accept and store the Lot at such premises and for such period, as we, in our absolute discretion, see fit;
3.3.3 to create a Description of the Lot for publication in the Catalogue;
3.3.4 if possible, to enable Bidders to view the Lot at such time or times as we, in our absolute discretion, see fit;
3.3.5 upon receipt of a request by a Bidder, and if we consider it appropriate to do so, to issue a Condition Report with regard to the Lot;
3.3.6 to present the Lot for sale at an Auction;
3.3.7 to accept bids from Bidders;
3.3.8 in relation to a Lot, to accept the Purchase Price from the Buyer and hold the Sale Proceeds for you; and
3.3.9 deal with any Lot not sold at an Auction, whether due to lack of interest or because the Reserve has not been met, in accordance with the Disposal Agreement.
3.4 Subject to the other provisions of these Terms and Conditions, you undertake and agree (as appropriate) that:
3.4.1 you wish to sell the Lot and on knocking down you will have contracted to sell the Lot to the Buyer for the Purchase Price;
3.4.2 in selling the Lot, we are acting on your behalf and as your agent;
3.4.3 you are the legal owner of the Lot with power to sell the same;
3.4.4 the Lot is not subject to encumbrances or third party claims of any kind;
3.4.5 there are no restrictions of any kind which would prevent the sale of the Lot or the photographic reproduction and Description of the Lot in the Catalogue;
3.4.6 the Lot is not hazardous or dangerous and, where the Lot is an electrical item, it is fit for purpose and in full working order;
3.4.7 all information you provide to us (whether written or verbal) is accurate;
3.4.8 unless otherwise agreed with us in writing, you will deliver the Lot to such premises as we direct where the Lot will be stored pending an Auction or sale by private treaty and, subject to the Disposal Agreement, you will collect any unsold Lots within 5 days of a request from us for you to do so;
3.4.9 we are entitled to receive the Commission, the Buyer’s Premium (if applicable) and the Expenses for the provision of the Services, whether or not the Lot is sold;
3.4.10 we can retain from the Purchase Price, the Commission, the Buyer’s Premium and the Expenses and you will make good any shortfall in the event the Lot is unsold or the monies recovered from the Buyer are insufficient to cover the Commission and the Expenses;
3.4.11 we can pay easyliveauction.com that part of the Buyer’s Premium which represents their commission charges for hosting the online element of the Auction;
3.4.12 to indemnify us as more particularly set out herein; and
3.4.13 you have read section 4 of these Terms and Conditions and agree with their contents which will be binding on you, where applicable.
3.5 We reserve the right, at our absolute discretion and for any reason whatsoever, to:
3.5.1 refuse to accept any Lot;
3.5.2 withdraw a Lot from an Auction.
Valuation Estimate and Reserve
3.6 We do not offer a valuation service, however, we may, but are under no obligation to, provide an Estimate.
3.7 Where we provide an Estimate which is published in the Catalogue:
3.7.1 this is only a guide for Bidders;
3.7.2 we do not guarantee that the Lot will sell at, or for more than, the Estimate;
3.7.3 we may sell the Lot for less than the Estimate; and
3.7.4 where the Lot is sold for less than the Estimate we will not be liable to you for the difference in the Hammer Price and the Estimate.
3.8 The Lot will be sold Without Reserve unless a Reserve has been recorded on the Sale Form.
3.9 Where a Reserve has been recorded on the Sale Form, we will not sell the Lot for less than the Reserve and if the Lot does not sell we may dispose of the Lot in accordance with the Disposal Agreement, without any liability to you.
Description and Advertising
3.10 The Description of the Lot we publish in the Catalogue is based on the information set out in the Sale Form and as otherwise provided by you together with any information of a general nature that we consider may assist a Bidder or potential Bidder.
3.11 You will review the Description and notify us of any inaccuracies.
3.12 You agree that any inaccuracies in the Catalogue are not material and we are not responsible or liable to you in relation to the same.
3.13 Save for publishing the Lot in the Catalogue, we are under no obligation to market or advertise the Lot.
3.14 The Lot may be advertised on our website, www.easyliveAuction.com or on social media, however, we are under no obligation to do so.
3.15 If a Lot is a Forgery we will, and you agree that we may, provide the Buyer with your contact details and any claims the Buyer might have will be for you and the Buyer to resolve direct.
Storage and Insurance
3.16 We will store the Lot free of charge until the Auction has taken place. In the event the Lot is unsold the Disposal Agreement will come into force and is binding on you. Please note you may be liable for additional Expenses.
3.17 We do not insure any Lots. You are responsible for insuring the Lots and any damage or loss which occurs whilst the Lot is in our possession is at your risk pending sale at Auction or by private treaty.
3.18 Once the Lot has been sold the Buyer assumes the risk and is responsible for insuring the Lot whilst in our possession.
The Auction
3.19 Save as specifically agreed with you in writing we will present the Lot at an Auction of our choosing.
3.20 The Auctioneer has the right to advance the bidding at his absolute discretion and may refuse to accept any bid.
3.21 Neither you and, save for the Auctioneer, any person acting on your behalf, may make any bid in respect of Lots of which you are the owner.
3.22 We will use our reasonable endeavours to sell the Lot for the highest bid possible but in the event the Lot does not sell we shall be under no liability to the Seller for failure to do so.
Indemnity and Exoneration
3.23 You (and so as to bind your heirs, personal representatives and estate) covenant to indemnify us against all claims, proceedings, liabilities, costs, expenses and losses arising from:
3.23.1 any actual or alleged breach of any undertaking or obligation by you to us, whether by act or omission or otherwise;
3.23.2 any injury, loss or damage caused to any person by you or the Lot;
3.23.3 a Lot being a Forgery or any error or omission in any Description;
3.23.4 receiving or recovering the Purchase Price;
3.23.5 your fraud.
3.24 You (and so as to being your heirs, personal representatives and estate) release us from all and any liability under any claims, proceedings, liabilities, costs, expenses and losses for acting as your agent and in the provision of the Services.
4. Terms in relation to the Bidder and Buyer
4.1 In this section 4 all references to “you” and “your” relate to the Bidder and/or the Buyer (as appropriate).
4.2 Each Lot is sold by its respective Seller to the Buyer.
4.3 The Seller is offering the Lot for sale, through us acting as their agent and solely for and in the interests of the Seller. By bidding you acknowledge and agree that, if successful, you have contracted to buy the Lot from the Seller for the Purchase Price.
4.4 We give no guarantee as to the right of any Seller to offer any Lot for sale and will not be responsible for any defect in the Seller’s title to such Lot.
4.5 Our instructions are to sell the Lot at the highest price obtainable at the Auction or by private treaty.
4.6 We do not owe or undertake or agree to any duty or responsibility to you in contract or otherwise.
Description
4.7 The Description of the Lot set out in the Catalogue, any Condition Report or other communication is provided on behalf of the Seller. The Description is only a statement of opinion and is not to be relied upon as a statement or representation of fact.
4.8 Whilst the Description identifies the Lot, all Lots are sold to the Buyer on an ‘as seen’ basis, with all faults, imperfections or errors of Description howsoever caused in or with regard to any Lot and all Lots are to be taken and paid for whether genuine and authentic or not.
4.9 Any claims of Forgery are to be made to the Seller. We shall not be responsible for any loss or damage whatsoever where a Lot is a Forgery.
4.10 Illustrations and photographs of any Lots contained in the Catalogue or elsewhere are for identification purposes only. As we may only provide one photograph of a Lot, the photograph will not clearly show all parts of that Lot and lighting may alter the actual colour of a Lot. It is therefore recommended that a Bidder view the Lot in person before the Auction to satisfy themselves as to the condition and suitability of the Lot for their purposes.
4.11 You should not assume that:
4.11.1 electrical items will be suitable for connection to the mains electricity supply;
4.11.2 battery operated goods work;
4.11.3 any Lot complies with current legal requirements.
Valuation Reserves and Estimates
4.12 We do not offer a valuation service and therefore cannot provide the Bidder or the Buyer with any guidance as to the value of a Lot or if the Hammer Price is a true reflection of the worth of that Lot. A Bidder must satisfy themselves as to the worth of the Lot.
4.13 The Lot may be subject to a Reserve and where a Reserve has been recorded on the Sale Form we will not sell the Lot for less than the Reserve. We are under no obligation to notify any Bidder as to the existence or level of the Reserve.
4.14 Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not equaling or exceeding such Reserve) on behalf of the Seller. We are not responsible to you in respect of the presence or absence of any Reserve in respect of any Lot.
4.15 We do not undertake to provide Estimates but, where they are provided, they are only an expression of our opinion, and made on behalf of the Seller, of the range where we think the Hammer Price for that Lot is likely to fall; it is not an estimate of value or worth.
The Auction
4.16 Our Auctions are either conducted as:
4.16.1 general public auctions with an online facility; or
4.16.2 online timed auctions operated through ‘easyliveauction.com online platform’.
4.17 We reserve the right, at our sole discretion, to refuse admission to our premises or to any Auction for any or no reason whatsoever. We have complete discretion to refuse any bid.
4.18 We have complete discretion as to whether the Auction proceeds, whether any Lot is included in the Auction, the manner in which the Auction is conducted and we may offer Lots for sale in any order we choose notwithstanding the numbers given to the Lots in the Catalogue.
4.19 It is the Bidder’s responsibility to check the date and starting time (or as appropriate for timed auctions, closing time) of the Auction, whether there have been any withdrawals or late entries.
4.20 The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable Reserve) at the knocking down.
4.21 Any dispute as to the highest acceptable Bidder will be settled by the Auctioneer in his absolute discretion and whose opinion is final.
4.22 We do not offer postal or telephone bidding.
4.23 We offer an online bidding service through www.easyliveauction.com. Please note that easyliveauction.com charge the Buyer an additional premium for using this service. For more details please refer to easyliveauction.com Auction’s Terms and Conditions in respect of the Auction.
Successful Bids, Insurance, Storage and Shipment
4.24 If your bid is successful a contract will immediately come into being between the Seller and the Buyer and you will assume the risk for the Lot. Title to the Lot will not pass to the Buyer until you have paid and we have received in cleared funds the Purchase Price.
4.25 We do not insure Lots and therefore you must arrange your own insurance whilst the Lot remains in our possession.
4.26 You will be liable to pay the Purchase Price to us.
4.27 If your bid is successful you must pay the Purchase Price within 48 hours of receipt of our invoice by way of bank transfer (with our invoice number as the reference) or by card payment.
4.28 You may not collect the Lot until payment in full and in cleared funds has been received by us.
4.29 We do not offer a storage facility but, if in an exceptional circumstance, we agree to hold an item there will be a charge for storage which is payable upfront and as specified to you in writing.
4.30 We do not arrangement the shipment of Lots.
4.31 It is your sole responsibility to comply with all export and import regulations and duties relating to your purchases.
4.32 Neither we nor the Seller are liable (whether in negligence or otherwise) for any error or omission in any Description or any Estimate whether contained in the Catalogue, Condition Report or otherwise, whether given orally or in writing and whether given before, during or after the Auction.
4.33 Neither we nor the Seller will be liable for any loss of profits, revenue or income or for loss of reputation or for disruption to business or wasted time on the part of the management or staff or for indirect losses or consequential damages of any kind irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered and irrespective of whether such loss or damage is caused by or claimed in respect of negligence, breach of contract, legal duty, restitutionary claim or otherwise.
5. General
5.1 We reserve the right at our absolute discretion to refuse admission to our premises or attendance at our Auctions without giving a reason therefor.
5.2 Save as otherwise provided herein, we are under no obligation to disclose to any person the identity of the Seller or Buyer.
5.3 We shall hold all personal information in accordance with our Privacy Notice.
5.4 We shall not be responsible for any event of force majeure (meaning an event beyond our control) which impacts upon our ability to perform the Services.
5.5 These Terms and Conditions, each Auction, sale and associated matters shall be governed by and construed in accordance with the laws of the Island of Guernsey.
5.6 We accept no responsibility whatsoever for any injury, loss or damage to any person or items whilst on any premises where the Lot is being stored or the Auction held.
