CONDITIONS OF SALE
1. Definitions.
In these Conditions Nock Deighton Agricultural LLP act only as auctioneers and Principals for the seller and the representative of Nock Deighton Agricultural LLP conducting the auction is called the “Auctioneer”.
2. General.
Whilst Nock Deighton Agricultural LLP make every effort to ensure the accuracy of their catalogues and the description of any lot:-
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots sold by the seller with all faults, imperfections and errors of description.
(b) Nock Deighton Agricultural LLP 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 seller to so certify, and in such case the auctioneers do so as Principals of the seller 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
(i) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Nock Deighton Agricultural LLP unless they have been instructed in writing by the seller to so certify.
(d) Any claim under any Statute must be received in writing by the Auctioneers within ten days of the day of the sale.
3. The Auction:
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or withdraw 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 seller 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. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to reoffer the lot.
(c) Each lot is put up for sale subject to any reserve price placed by the seller. Where no reserve has been placed (but not otherwise) the seller has the right to bid either personally or by any one person on his behalf (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 seven days after the sale Nock Deighton Agricultural LLP 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 Nock Deighton Agricultural LLP in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Nock Deighton Agricultural LLP that considered in the light of the 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. The seller and the buyer agree to be bound by Nock Deighton Agricultural LLP’s decision.
5. Default.
Nock Deighton Agricultural LLP disclaim responsibility for default by either the buyer or the seller because they act as Principals for the seller only and therefore do not pay out to the seller until payment is received from the buyer. Instructions given by telephone 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 the seller and the buyer agree to be bound by the General and any Special Conditions of Sale.
7. Third Party Liability.
Every person on Nock Deighton Agricultural LLP’s premises at any time shall be deemed to be there at his own risk. He shall have no claim against Nock Deighton Agricultural LLP in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Nock Deighton Agricultural LLP’s employees.
CONDITIONS OF SALE APPLICABLE TO BUYERS
8. Inspection.
Opportunity is given for inspection and each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise 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. We do not state condition in the lot description – Before bidding please ensure you are satisfied with the condition of the lot – For details of condition please contact the auctioneer.
9. Property and Risk.
The legal title in a lot shall not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 10 below) 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 and permanent address and if called upon to do so by the Auctioneer shall forthwith pay Nock Deighton Agricultural LLP such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the auctioneer’s sole direction be put up again and re-sold.
10. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Nock Deighton Agricultural LLP that he acts as Principal on behalf of a named principal.
11. Removal of Goods.
(a) No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyer’s risk and expense by the end of the third 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 warehousing charge. If they are not paid for and removed within 72 hours 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 buyer 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 lots, together with the charges and expenses in respect of both sales, and together with interest at 4% above Barclays Bank Base Rate upon the price of any lot which has not been paid for within forty-eight hours 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. We accept cash up to €10,000, debit cards, personal credit cards, bank transfers and personal cheques. We apologise we do not accept business credit cards. Cheques drawn by third parties, whether in the auctioneer’s favour or requiring endorsement, cannot be accepted. Payment by debit or personal credit card can only be made in the offices of Nock Deighton Agricultural LLP using the chip and pin machine.
12. Purchase Price.
The buyer shall pay the hammer price together with a premium at the stated rates on the hammer price of 12.5% + VAT.
13. Commission to Bid.
Nock Deighton Agricultural LLP will execute bids on behalf of intending buyers unable to attend the sale at no charge. Nock Deighton Agricultural LLP undertake to purchase lots as cheaply as allowed by other bids and reserves. Bids must be submitted in writing and whilst every care is taken in carrying out instructions Nock Deighton Agricultural LLP cannot be held responsible for errors or omissions made in carrying out such bids.
14. Lots on which Value Added Tax is payable on or included in the hammer price are indicated in the catalogue or description sheet with a sign. VAT is payable on or included in the hammer price of such lots at the rates prevailing on the day of the auction
15. Online Bidding
Nock Deighton Agricultural LLP offer an online bidding service via www.easyLiveAuction.com for bidders who cannot attend the sale.
In completing the bidder registration and providing your card details and unless alternative arrangements are agreed with Nock Deighton Agricultural LLP you:
1. authorise Nock Deighton Agricultural LLP, if they so wish, to charge the card given in part or full payment, including all fees, for items successfully purchased in the auction via live bidding.
2. confirm that you are authorised to provide these card details to Nock Deighton Agricultural LLP. We do not accept credit cards.
Please note that any lots purchased via the live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price or alternatively if you have pre-registered for the sale and have selected the flat fee of £3.50 registration fee, an internet surcharge will not be applied.
16. DACS
In accordance with Artists Resale Rights Regulations 2006 any lots so marked which sell for £1,000 or more are subject to a resale royalty charge (Royalty). This Royalty is payable by the Bidder. The Royalty will be charges at a rate of 4% of the total hammer price (exclusive of Bidder’s premium which is payable) for lots selling for amount up to £50,000. For lots selling in excess of £50,001, the Royalty shall be calculated at a reduced rate (details available on request). The Royalty is not subject to VAT and is payable in sterling calculated on the day of sale at the prevailing rate of exchange. Payment shall be passed directly to the Design and Artists Copyright Society (DACS), 33 Great Sutton Street, London, EC1V 0DX. For further information, please contact the Auctioneers or DACS on 0845 4103410 or visit their website at www.dacs.org.uk .
CONDITIONS OF SALE APPLICABLE TO SELLERS
17. The seller authorises Nock Deighton Agricultural LLP to deduct commission at the published rate and to retain the buyer’s premium of 12.5% plus VAT. The seller agrees to pay all special advertising charges and illustration charges (see 24) insomuch that they are reasonable.
18. Value Added Tax.
A seller who sends for sale by auction any chattel(s) which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the Dealer Margin Scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
19. Instructions.
All goods delivered to the Auctioneers’ premises will be deemed to be delivered for Sale by Auction and will be catalogued and sold accordingly unless special instructions are recorded on the receipt.
20. Reserves.
Nock Deighton Agricultural LLP will be pleased to advise on suitable protective reserves but if no reserves have been received prior to the day of the Sale, the lot will be sold without reserve or at the discretion of the Auctioneer. Reserves must be confirmed in writing or notified on the receipt at the time of delivery.
21. Indemnity.
Vendors shall indemnify Nock Deighton Agricultural LLP against any claims in connection with goods sold by Nock Deighton on the vendor’s behalf.
22. Collections.
The Auctioneers do not themselves undertake the collection of goods but acting expressly as Principals, they will if required, instruct or recommend a carrier on the vendor’s behalf for which there will be a charge.
23. Withdrawals.
Where a seller cancels instructions for sale, or where a lot is withdrawn for any reason other than misattribution or authenticity, Nock Deighton Agricultural LLP reserves the right to charge a fee equal to 10% plus VAT of the reserve price of the lot, or where no reserve has been fixed, Nock Deighton ’ lower estimate of the item(s) withdrawn, together with any expenses incurred in relation to the item(s) withdrawn.
24. Insurance.
Nock Deighton Agricultural LLP are not regulated by the FSA for the provision of insurance to its clients. However, Nock Deighton Agricultural LLP, for its own protection insures property consigned to it at mid pre-sale estimate, unless the item has been sold, in which instance property is insured at the hammer price for loss, occasioned as a result of theft, fire or negligence whilst in their custody or control.
25. Warranty of Title.
The seller warrants to Nock Deighton Agricultural LLP and to the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims.
26. Photography.
Vendors give Nock Deighton Agricultural LLP the right to photograph and illustrate and promote any lot placed with them for sale and to use such photographs and illustrations at any time at their discretion, whether or not in connection with the auction.
27. Electrical and Mechanical Goods.
The seller and consignor of electrical or mechanical goods warrants and undertakes to Nock Deighton Agricultural LLP that on the date received by Nock Deighton that the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health, and will indemnify Nock Deighton its servants and Principals against any loss or damage suffered by any breach of the above warranty.
28. Agency.
The Auctioneers act throughout as Principals only and are not responsible for any default by the buyer. Nock Deighton Agricultural LLP disclaim liability for paying the vendor until they have received settlement from the purchaser.
29. Warehousing.
The Auctioneers exempt themselves from any liability to goods delivered to their salerooms without sufficient sale instructions, and reserve the right to make a warehousing charge in this respect. A similar warehousing charge will be applicable for goods left on their premises after they have requested the vendor to remove them.
30. Unsold Goods.
Unsold goods must be collected if they are not to be re-offered within 14 days following receipt of any after sale advice slip. Nock Deighton Agricultural LLP reserve the right to sell by auction on behalf of the vendor without reserve any items after this period.
31. RICS Client Money Protection Scheme
All financial transactions within this market are conducted with the Auctioneers acting as Principal. Sale proceeds are not paid into a client bank account and, consequently, the RICS Client Money Protection Scheme (CMPS) will not apply to the vendor.
