1. THE AUCTIONEERS:
In these conditions, Murray’s Limited act as Auctioneers and are called Murray’s Limited and the
Representative of Murray’s Limited conducting the Auction is called “The Auctioneer”
2. GENERAL
While Murray’s Limited make every effort to ensure the accuracy of their catalogues and the
description of any lot:- a) Each lot is sold with all faults and defects therein and with all errors of
description and is to be taken and paid for whether genuine and authentic or not and no
compensation shall be paid for the same.
1. b) Murray’s Limited are not responsible for any faults or defects in any Lot or the correctness
of any statement as to the authorship, origin, date, age, attribution, genuineness, provenance
or condition of any Lot.
2. c) All statements in the catalogues, advertisements or brochures of forthcoming sales, as to
any of the matters specified in (b) above are statements of opinion, and are not to be relied
upon as statements or representations of fact, and intending purchasers must satisfy
themselves by inspection or otherwise as to all of the matters specified in (b) above as to the
physical description of any Lot, and to whether or not any Lot has been repaired.
3. d) Murray’s Limited do not make or give, nor has any person in the employ of Murray’s
Limited any authority to make or give, any representation of warranty.
4. e) In any event Murray’s Limited are not responsible for any representation of warranty, or for
any statement in the Catalogues, Advertisements or Brochures of forthcoming sales.
5. f) All conditions, notices, descriptions, statements and other matters in the Catalogues 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.
6. THE AUCTION
7. a) Murray’s Limited shall have the absolute right, at sole discretion, to refuse admission to
auction premises or attendance at its Auctions by any person.
8. b) Murray’s Limited have absolute discretion to divide any Lot, to combine any two or more
Lots or to withdraw any Lot or Lots from the sale, to refuse bids, regulate bidding or to cancel
the sale without in any case giving any reason or without previous notice. Murray’s Limited
may bid on behalf of the supplier for all goods which are being offered subject to reserve or at
the Auctioneer’s discretion.
9. c) The highest bidder shall be the buyer at the “hammer price” any dispute shall be settled at
Murray’s Limited absolute discretion. Every bidder shall be deemed to act as principal unless
there is in force a written acknowledgement by Murray’s Limited that they act as agent on
behalf of a named principal.
10. d) Murray’s Limited shall regulate the bidding and shall have the right to refuse any bid which
does not exceed the previous bid by such proportion as the Auctioneer shall in his absolute
discretion direct.
RESCISSION
Notwithstanding any other terms of these Conditions, if within seven days after the sale Murray’s
Limited have received from the buyer of any Lot, notice in writing that in their view the Lot is a
deliberate forgery and within fourteen days after such notification the buyer returns the same to
Murray’s Limited in the same condition as at the time of sale and by producing evidence, the burden
of proof to be upon the buyer, satisfies Murray’s Limited, 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 supplier agrees to be bound by the Murray’s Limited decision.
DEFAULT
If the buyer defaults and Chrystlas Auctions does not receive payment for lots purchased by the
buyer, Murray’s Limited will use the Courts and the Law to receive any monies owed.
4. THIRD PARTY LIABILITY
Every person on the Murray’s Limited premises at any time shall be deemed to be there at his or her
own risk. He/she shall have no claim against Murray’s Limited in respect to any accident which may
occur or injury, damage or loss howsoever caused.
5. SUPPLIERS CONDITIONS
As Murray’s Limited are Auctioneers, all goods delivered to Murray’s Limited premises will be deemed
to be delivered for sale by Auction unless otherwise stated in writing and will be sold at Murray’s
Limited discretion, at any of their salerooms and accepted by Murray’s Limited subject to these
conditions. By delivering the goods to Murray’s Limited for inclusion in their Auction sales, each
Supplier acknowledges they have accepted and agreed to be bound by these conditions.
6. COLLECTIONS
Goods collected by Murray’s Limited are at the sole risk of the supplier while in transit to the
saleroom. Murray’s Limited will, if required, instruct a removal firm to collect goods on behalf of the
supplier. Murray’s Limited disclaim all responsibility for loss or damage to goods by the contractor,
and all claims of whatsoever nature including the unauthorized removal of goods and for damage to
premises caused by the contractor.
LOSS OR DAMAGE
Murray’s Limited disclaim all responsibility for loss or damage to goods or for unauthorized removal of
goods unless caused by the negligence of employees.
7. STORAGE
Murray’s Limited reserve the right to store or arrange for the storage of goods delivered to them for
sale either on their own premises or elsewhere at their sole discretion. Murray’s Limited is exempt
from any liability for loss or damage to goods delivered to their premises without sufficient sale
instructions.
8. UNSOLD GOODS
Suppliers will be charged for goods left on the premises if the supplier has been requested to remove
them and if the goods are not removed after such request Murray’s Limited reserve the right to sell
the goods to defray costs and storage charges.
9. INSURANCE
10. a) Unless otherwise instructed in writing all goods on Murray’s Limited premises and in their
custody will be held insured against fire, burglary and water damage for which Murray’s
Limited will charge a premium of £1 per £100 (minimum 10p). The value of the goods so
covered shall be the gross amount realized, or if damaged prior to the sale the reserve price
or Murray’s Limited estimated value.
11. b) Murray’s Limited shall not be responsible for damage to or the loss, theft or destruction of
any goods other than as stated in 9a not so insured upon the owner’s written instructions.
12. c) In respect of any article delivered to Murray’s Limited, if the supplier has in force a policy or
policies of insurance in which the article is specifically mentioned as being insured whether or
not for an agreed sum or value, the supplier shall notify his insurers who must note Murray’s
Limited interest as Bailees in such policy or policies.
13. RESERVES
14. a) All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve
are received by Murray’s Limited prior to the commencement of the sale. Reserves given by
telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
15. b) The supplier shall not bid for his/her property, not employ any person to bid for him/her and
Murray’s Limited alone shall have the right to bid on behalf of the supplier up to the amount of
the reserve.
16. c) In the event of any reserve price not being reached at Auction, Murray’s Limited are
empowered to sell after the Auction, by Private Treaty at not less than the reserve price or a
price fixed at the Auctioneer’s discretion.
17. INDEMNITY
The supplier shall duly indemnify Murray’s Limited against any claim in connection with any goods
sold by Murray’s Limited on the suppliers behalf.
12. VALUE ADDED TAX
A supplier who sends for sale by Auction any chattel(s) which is an asset of his/her business must
disclose to Murray’s Limited whether or not he is a registered person for Value Added Tax purpose
and , if so, his registered number and whether or not he intends to operate the special scheme
covering works of art, etc. This information must be supplied to Murray’s Limited on or prior to delivery
of the goods.
13. COMMISSION AND CHARGES
Normal selling commission is 18% inc VAT.
Administration fee per Lot £10 inc VAT
Normal buyer’s premium 24% inc VAT.
(For insurance charges see Paragraph 9)
14. INSPECTION
Ample opportunity is given for inspection and each purchaser by making a bid for a Lot acknowledges
that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale
Conditions, the physical condition of an description of the Lot including but not restricted to whether
the Lot is damaged or has been repaired.
15. RIGHTS TO PHOTOGRAPHS AND ILLUSTRATIONS
The supplier gives Murray’s Limited full and absolute right to photograph and illustrate any Lot placed
in their hands for sale and to use such photographs and illustrations and any photographs and
illustrations provided by the supplier at any time at their absolute discretion (Whether or not in
connection with the auction).
16. AGENCY AND GENERAL
17. a) Murray’s Limited act as agents only and they disclaim responsibility for default by either
Buyer or supplier.
18. b) Whilst the interests of prospective buyers are best served by attendance at the Auction,
Murray’s Limited will if so instructed execute bids on their behalf, as cheaply as other bids and
reserves allow.
19. c) Murray’s Limited accept no responsibility in connection with commissioning of members of
staff to bid for Lots on behalf of intending purchasers. Instructions to bid given by telephone
are accepted at the senders risk and should be confirmed in writing.
20. d) It is the responsibility of all persons leaving bids to ascertain immediately after the
conclusion of the sale whether they have been successful.
21. PAYMENT OF GOODS
22. a) All Lots shall be paid for and removed at the buyer’s risk and expense directly after the
sale, all Lots are at the purchasers risk at the fall of the hammer and Murray’s Limited 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 warehousing charge
of £10 per week + VAT. If they are not paid for and removed within seven days of the sale
Murray’s Limited may resell them by Auction or privately without notice to the buyer.
23. b) If the buyer fails to comply with any of the above conditions the damage recoverable from
the defaulter shall include all loss arising from any re-sale of the Lot together with charges
and expenses in respect of both sales, and any money deposited in part payment shall be
held by Murray’s Limited against the defaulter’s liability and may be appropriated in settlement
or part settlement of the liability.
24. c) Goods in transit delivered by Murray’s Limited following the sale are also at the sole risk of
the buyer from the fall of the hammer until delivered.
25. PROPERTY AND RISK
26. a) Goods are at the suppliers risk until the fall of the hammer unless arrangements have been
made as per Paragraph 9a.
27. b) The property in a Lot shall not pass to the buyer until he has paid the purchase price in full
but each Lot is at the risk of the purchaser from the fall of the hammer. Each purchaser
forthwith give his/her full name and permanent address and if called upon to do so by
Murray’s Limited shall forthwith pay to Murray’s Limited such proportion of the purchase price
as Murray’s Limited may require. If the purchaser fails to do so the Lot may at Murray’s
Limited sole discretion be put up again and re-sold.
28. c) All electrical and mechanical goods are sold without guarantee and at the buyer’s risk.
29. d) Murray’s Limited do not give any guarantee for clocks, watches, barometers, lawnmowers,
projectors, computers or cameras and purchasers should satisfy themselves as to their
condition before purchase.
30. MOTOR VEHICLES
All Motor Vehicles and Agricultural Tractors which by law require to be licensed are sold as seen and
without any warranty whatsoever. Purchasers should satisfy themselves completely as to the
condition and road worthiness or otherwise of the vehicle which on the fall of the hammer becomes
their sole responsibility.
