Temwa UK (‘TUK’) is a charity registered with the Charity Commission of England and Wales (reg. 118 5889). TUK runs auctions in order to raise funds for its charitable works. The items that are sold in these auctions are provided by private individuals or businesses who wish to support TUK and who agree to donate all or part of the proceeds of sale to TUK.
Within this document, TUK refers to the registered charity Temwa UK and any employee, volunteer, contractor or trustee acting on behalf of Temwa UK in carrying out an auction.
The individuals or businesses who provide items for sale are known as ‘Vendors’ in this document. This is because the items are being sold by TUK on behalf of the individual or business, who then donates all or part of the proceeds of the sale to TUK.
The individuals or businesses who are successful in bidding at auction are referred to as ‘Purchasers’ within this document.
‘Auction’ within this document refers to any sale by auction managed by Temwa, whether carried out online or in a physical venue.
‘Item’ within this document refers to any physical item, voucher or offer of service that is provided by a Vendor for sale by auction by TUK.
‘Lot’ within this document refers to any item which is offered for sale in an Auction carried out by TUK.
‘Pre-Sale Agreement’ refers to any written document provided to a Vendor in advance of an Auction that sets out the basis on which the Vendor provides the item for sale.
‘Notice to Bidders’ refers to the document or part of a document which sets out the arrangements for an Auction.
The ‘Contract of Sale’ is the legal contract between TUK and the Purchaser for the purchase of items at an Auction. The Terms and Conditions in this document form part of the Contract of Sale.
These terms and conditions cover Temwa’s contractual relationships with both Vendors and Purchasers.
Terms and conditions for Vendors
When a Vendor agrees to provide an item for sale at an Auction they agree to the following:
• Items are provided for sale by Vendors on the basis of an agreement that TUK will act as the Vendor’s agent in the sale.
• Items remain the property of the Vendor until such time as a contract of sale is agreed with a Purchaser.
• Prior to the sale TUK will provide the Vendor with a written Pre-Sale Agreement that commits the Vendor to a donation of all or part of the proceeds of the sale once an item is sold. If the Vendor intends to donate only a part of the proceeds of sale the Pre-Sale Agreement will specify a percentage, fixed figure or other agreed method for sharing the proceeds including details of any fees or costs to be deducted from the proceeds before splitting the net.
• The Vendor will also be offered the opportunity to sign a Gift Aid agreement before the Auction takes place. This gives TUK consent to claim Gift Aid on the donation of the proceeds of sale. Gift Aid is claimed by charities on donations that they have received from individuals. TUK therefore cannot share any Gift Aid received with Vendors. The agreed sharing of the proceeds of sale will take place first, and TUK will subsequently claim Gift Aid only on the share of the proceeds that it receives as a donation.
• TUK will inspect any items provided for sale when they are received and any damage, marks or blemishes that could reduce the sale value will be photographed. The Vendor will be informed of any damage. The party which arranged transport will be responsible for making any claim against the carriers for any damage sustained in transit.
• TUK will agree an estimated sale price with the Vendor. The estimated sale price will be based on information provided by the Vendor about the item’s retail price, market value, provenance and/or rarity. TUK may take advice from external experts to assist in this valuation.
• TUK will inspect the item(s) as part of the valuation process. If the inspection does not provide any reason to doubt the information provided by the Vendor about the item, the item will be advertised for sale using the information provided by the Vendor. In some cases TUK may take advice from external experts on the provenance or authenticity of an item. This does not constitute any criticism or expression of doubt towards the Vendor.
• TUK will make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity. All statements made by TUK about any item, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Vendor or Purchaser, against any Vendor, TUK or any of TUK’s employees, volunteers or trustees.
• TUK will conduct the Auction in accordance with a Notice to Bidders which will be publicly available in advance of the Auction. All lots will be sold by TUK on behalf of the Vendor(s) on the terms of the Contract of Sale subject to any alteration made by TUK at our discretion by notices, inserts and announcements.
• Title to the item(s) will only pass to the Purchaser on receipt by TUK of the full purchase price. Once the full purchase price and any other fees or charges have been received by TUK the item will be released to the Purchaser.
• At the point when the purchase price has been paid in full to TUK the Sale Agreement will take effect and a donation will be deemed to have been made to TUK of all or part of the purchase price as set out in the agreement.
• If the Pre-Sale Agreement states that the Vendor will retain a part of the purchase price, TUK will pay this sum in full to the Vendor within 14 days of receipt of the purchase price from the Vendor. Payment will be made by direct bank transfer unless otherwise agreed with the Vendor. TUK will not be deemed to be in breach of this agreement if the transfer of funds to the Vendor is delayed by any failure on their part to provide correct and appropriate bank account details.
• The purchase price or agreed portion thereof will be treated by Temwa as an unrestricted donation. If a Gift Aid agreement has been provided by the Vendor in advance of the sale, TUK will claim Gift Aid on the donation. Any Gift Aid received will also be treated by TUK as unrestricted funds.
• If an item is not sold at Auction TUK will inform the Vendor and will agree with them whether the item should be returned to the Vendor; retained for possible sale in a future Auction; or given to TUK as an unconditional donation by the Vendor.
Terms and conditions for Purchasers
• Any person attending an Auction managed by TUK, regardless of the venue, does so at their own risk and shall have no claim against TUK or anyone acting on behalf of TUK in respect of the cancellation or postponement of an Auction or any loss, accident or injury except where this can be proven to have been directly caused by negligence on the part of TUK.
• TUK will make all reasonable efforts to ensure the accuracy of advertisements, catalogue descriptions, the Notice to Bidders and other publicity. However, all statements, oral and in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Purchaser, against any Vendor, the Auctioneers or their employees.
• Items offered for sale may be of an age or nature which precludes their being in pristine condition. Some catalogue descriptions may make reference to damage and/or restoration; however, omission of such a reference does not imply that a lot is free from defects nor does any reference to a particular defect imply the absence of others.
• Purchasers should therefore satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description, as lots are sold in their actual state with all faults, imperfections or errors of description.
• Electrical/mechanical goods are sold on the strict understanding that these are untested, without warranties or any guarantees as to serviceability or working order.
• Items are made available for physical inspection before an Auction, anyone handling lots does so at their own risk and shall make good all loss or damage howsoever sustained. The cost of making good any such damage will be assessed by Temwa UK whose decision is final.
• In making a bid, Purchasers acknowledge their attention has been drawn to these Terms and Conditions and that they are satisfied as to the description and conditions of lots.
• Lots are subject to any announcement, declaration, alteration of description or other matters, made by TUK prior to the invitation of bids.
• At the fall of the hammer, the highest bidder, acceptable to TUK, shall be the Purchaser and any dispute shall be settled by the TUK, whose decision shall be absolute and final. No lots shall be transferred.
• TUK may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject and bid (at their absolute discretion and without justification) and bid on behalf of the Vendor, where there is a reserve price or at their authorised discretion.
• The Purchaser shall give their name (and permanent place of abode, if demanded) and upon failure to do so, TUK may offer the lots again, at their sole discretion.
• As Agents only, TUK shall not be responsible for default on the part of Vendors or Purchasers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is without prejudice to the right of TUK, in appropriate circumstances, to enforce the Sales Contract if they think fit.
• The Contract of Sale is made between the Purchaser and TUK as agents for the Vendor. Payment will only be made to TUK.
• Notwithstanding any other part of these Terms and Conditions, if a Purchaser forms the belief that a particular lot is a forgery as defined below, they may give notice of this in writing to TUK. The Purchaser should then return the lot to TUK in the same condition as it was at the time of the sale. If the following conditions are met TUK is authorised to rescind the transaction and refund the purchase price received by them:
o Notice must be received within seven days of the receipt of the item by the Purchaser.
o The item must be returned to TUK within fourteen days of notice being given.
o TUK must be satisfied that the item is a deliberate forgery. The Purchaser must provide evidence of this and the burden of proof is upon the Purchaser.
• In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, which when considered in the light of the catalogue entry and at the date of the Auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Auction was in accordance with the then general opinion of the experts or fairly indicated there to be a conflict of opinion. TUK reserves the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.
• Once full payment of the purchase price has been made, TUK will contact the Purchaser to arrange collection or delivery. If a Purchaser wishes TUK to arrange delivery, the Purchaser will pay the full cost of this. TUK will provide the Purchaser with details of delivery arrangements and costs before entering into any agreement with a carrier. If a Purchaser wishes to arrange delivery directly, they must provide details of delivery arrangements to TUK before entering into any agreement with a carrier.
• TUK may at their discretion package items ready for collection by a carrier according to a specification agreed with the Purchaser. TUK accepts no liability for damage in transit so long as any packaging was carried out in accordance with the specification agreed with the Purchaser. TUK may charge the Purchaser for packaging an item. Any such charge will be agreed with the Purchaser in advance.
