Important Information
DUE TO ISSUES SENDING ITEMS TO CERTAIN OVERSEAS DESTINATIONS WE WILL NOT BE ACCEPTING BIDS FROM CERTAIN COUNTRIES, SORRY FOR THE INCONVENIENCE
Please look all the way through the sale as there are some additional lots added towards the end which are out of country order.
Buyers Premium: 20% plus VAT (ie 24% inclusive of VAT)
Postage and Packing charges will be applied to any lots that are not collected. Typical charges will be as per standard Royal Mail Tariffs depending on weight, value, and destination. Heavier parcels will be sent by courier. For example a 10kg box will usually attract a post and packing fee of approx £17.50 plus VAT
All major credit/debit cards accepted.
Online bidders will be sent a Pro-Forma invoice and will not automatically be charged to their credit/debit card used for online registration. Online bidders will be charged an additional EASY LIVE AUCTION FEE of 3% plus VAT unless they have opted for the EASY LIVE AUCTION FLAT FEE OPTION. Please call either Andrew Curd on 01303 269712 for any further details.
PLEASE NOTE BUYERS PREMIUM IS CURRENTLY 20%+VAT THIS IS IN ADDITION TO THE 3% +VAT CHARGED BY easyliveauction.com.
STANDARD TERMS AND CONDITIONS FOR BUYERS AND SELLERS
The following relate to sales by auction by Martello Auctions (the trading name of Martello Philatelic Auctions Limited Co. Number 8599265)
Definitions
A - GENERAL CONDITIONS
1 - Definitions
1.1 In these conditions: "the Auctioneer" means the representative of Martello Auctions conducting the auction.
"Bought-in" means unsold, having failed at Auction to reach the Reserve.
"the Buyer" means the bidder (including a commission bidder under Condition 27) whom Martello Auctions has accepted by the fall of the auctioneer’s hammer.
"the Catalogue" means any advertisement, brochure, price list or other publication relating to the auction published on behalf of Martello Auctions .
"Dangerous Substances" any natural or artificial substance capable of causing harm to any living organism supported by the environment, or damaging the environment or public health or welfare.
"Environmental Law" all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances.
"Expenses" means Martello Auctions ’s charges for illustrations, special advertising, insurance, import, packing and freight and any other expenses and VAT on these amounts.
"Hammer Price" means the price at which a Lot is knocked down by the Auctioneer to the Buyer.
"Lot" means any item or items of any kind accepted by Martello Auctions with a view to its or their sale at auction;
"the Purchase Price" means the Hammer Price in pounds sterling together with any premium inclusive of VAT chargeable and additional charges and expenses due from a defaulting buyer under Condition 27;
"the Reserve" means the minimum Hammer Price set by the Seller at which a Lot may be sold and otherwise subject to Condition 6;
"the Sale Proceeds" means the net amount due to the Seller, being the Hammer Price less commission at the Stated Rates and Expenses and any other amounts due to Martello Auctions;
"the Seller" means the seller or prospective seller of any Lot;
"Special Goods" means boats, motor vehicles, firearms and mechanical and electrical goods;
"the Stated Rates" means Martello Auctions ’s published rates of commission for the time being and VAT;
"Storage Charges" means charges imposed by Martello Auctions in respect of the removal, storage and transportation of any Lot;
"VAT" means Value Added Tax.
1.2 - The heading and divisions in General Conditions, Seller’s Conditions and Buyer’s Conditions in these Conditions are for convenience only and shall not affect their interpretation.
2 - General
2.1 Martello Auctions acts as agents for the Seller (except where it is expressly stated to be selling as principal) and is not responsible for any default by the Seller or Buyer.
2.2 Martello Auctions has the right to refuse admission to its premises or attendance at its auction by any person. All persons are admitted to Martello Auctions’s premises to attend an auction on the basis that they have notice of these Conditions.
2.3 The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of Martello Auctions and no person may use or copy the same without the prior written consent of Martello Auctions .
2.4 Martello Auctions makes every effort to ensure that the Catalogue and description of the Lot are accurate but Martello Auctions makes no warranty to that effect.
2.5 All Statements whether made verbally or in the Catalogue are statements of opinion only and neither Martello Auctions or its employees or agents will be responsible for the accuracy of any opinion given.
2.6 Martello Auctions has the right to divide any Lot or combine two or more Lots, refuse any bid, withdraw any Lot from auction or (in the case of dispute) put any Lot up for auction again. The Auctioneer shall have the right to advance the bidding as he may decide.
2.7.1 - Martello Auctions shall be under no liability for any damage or loss sustained by any person while on Martello Auctions’s premises or while attending auctions conducted by Martello Auctions except for death or personal injury caused by the negligence of Martello Auctions, its employees and agents.
2.7.2 - Martello Auctions shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on Martello Auctions’s premises or on any other premises from which Martello Auctions is conducting auctions.
2.8 - In the event of a sale after the auction of any Lot by private treaty the Seller and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.
2.9 - These Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by Martello Auctions.
2.10 - Any notice by Martello Auctions to a Seller, prospective Seller, consignor, prospective bidder or Buyer may be delivered by hand, sent by first class mail or air mail or facsimile to the address last notified to Martello Auctions and shall be deemed to be received:
2.10.1 - if hand delivered, at the time of delivery;
2.10.2 - if sent by facsimile within 8 hours of transmission during business hours;
2.10.3 - if sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK;
2.11 - All transactions to which the Conditions shall apply shall be governed by English Law.
B - SELLER’S CONDITIONS
3 - Instructions
All goods delivered to Martello Auctions premises or into Martello Auctions custody shall be presumed to be delivered for sale by auction unless otherwise stated in writing and will be sold at auction by Martello Auctions. By delivering any goods to Martello Auctions each Seller or prospective Seller agrees to be bound by these Conditions. Martello Auctions will not collect goods for sale at auction unless otherwise agreed. Where Martello Auctions agrees to collect any such goods, the risk in such goods remains with the Seller. The Seller shall be responsible for insuring such goods until they arrive at Martello Auctions's premises; thereafter they will be covered by Martello Auctions insurance under the provisions of clause 7.
4 - Warranties
4.1 The Seller warrants Martello Auctions and to the Buyer that he is the true owner of the Lot or is authorised by the true owner to sell the Lot and (in either case) is able to transfer good and marketable title to the Lot free from any liens, charges or third party claims. When the Selling is authorised by the true owner to sell the Lot, the Seller must name the owner and produce such written evidence of his authority as Martello Auctions may request.
4.2 If the Seller is selling a Lot not held by Martello Auctions on its premises or under its control, the Seller warrants and undertakes to Martello Auctions and the Buyer that upon demand by the Buyer, the Lot will be available and will be in a deliverable state.
4.3 The Seller warrants that all information supplied to Martello Auctions in connection with the Lot is to the best of his knowledge, information and belief accurate.
5 - Indemnity
The Seller shall indemnify Martello Auctions and the Buyer against any claims made for loss, damage, costs or expenses suffered by either or both of them as a result of a breach of any of the warranties contained in conditions 4 and 9.
6 - Reserves
6.1 The Seller may place a Reserve on any Lot prior to the commencement of the auction but once placed, a Reserve may only be changed with the prior written consent of Martello Auctions. A change to a Reserve may also be agreed verbally as between Martello Auctions and the Seller, but in such case neither Martello Auctions not its employees or agents be liable for any neglect, default or failure to act in connection with any such verbal alteration, unless written confirmation is received by Martello Auctions prior to the commencement of the auction
6.2 When the Seller is the executor or administrator of an estate and gives Martello Auctions discretionary instructions to sell a Lot on his behalf, Martello Auctions may, at its sole discretion, sell the Lot without Reserve or place a Reserve on the lot.
6.3 If no Reserve is placed as stated above a Lot will be sold without Reserve. The Seller may not bid for his own Lot, but Martello Auctions as auctioneers reserve the right to bid on behalf of the Seller (including the right to make consecutive bids) up to the amount of the Reserve in respect of any Lot which is the subject of a Reserve. The Auctioneers reserves the right to use his sole discretion at the auction in respect of Lots sold without Reserve.
6.4 Martello Auctions shall be entitled to sell Lots at a Hammer Price of at least 90% of the Reserve, unless the Seller instructs Martello Auctions otherwise in writing prior to the commencement of the auction.
6.5 Martello Auctions shall be entitled to sell Lots at a Hammer Price below 90% of the Reserve but in such cases the Seller shall be entitled to such Sale Proceeds as would have resulted if the sale had been at 90% of the Reserve (or the Sale Proceeds if greater), unless the Seller has instructed Martello Auctions that the discretion referred to in condition 6.4 shall not apply.
7 - Risk of Loss or Damage
7.1 Unless otherwise instructed, Martello Auctions will assume risk of loss or damage to any Lot property (other than special goods) consigned to it or put under its control for sale until whichever is the earlier of the ownership of the property in the Lot passing from the Seller, or the Seller or Buyer becoming bound to collect the Lot.
7.2 Martello Auctions's liability for loss or damage to any Lot will not exceed the amount estimated by Martello Auctions to be, from time to time, the current value of the Lot at auction, less Martello Auctions commission and Expenses together with any storage charges, not in any event will it exceed
7.2.1 the Hammer Price less Martello Auctions commission and Expenses if the Lot has been sold
7.2.2 the Reserve, less Martello Auctions commission and Expenses if the Lot has not been sold after being offered for sale and the Reserve has been determined.
7.2.3 (insurance limit per claim)
7.3 In no event will Martello Auctions be liable for damage to glass or picture frames (or cleavage of stones) whether forming the whole or part of any Lot, or depreciation in value following repairable damage in any Lot
7.4 Martello Auctions , its servants and agents shall have no liability in connection with loss or damage to any Lot caused by
7.4.1 any third party instructed to deal with the Lot with the Seller’s or Buyer’s consent
7.4.2 changes in humidity or temperature
7.4.3 inherent conditions or defects
7.4.4 error in processing
7.4.5 war, nuclear radiation or radioactive contamination
7.5 In all cases, save where Martello Auctions is to assume the risk of loss or damage, the Lot shall remain at all times at the risk of the Seller or (as provided in condition 22.1) the Buyer and neither Martello Auctions nor its servants or agents will be responsible for any loss or damage to the Lot whether caused by negligence or otherwise
7.6 If the seller instructs Martello Auctions not to assume risk of loss or damage for a Lot, and following expiry of any period of risk assumed by Martello Auctions pursuant to the above, it shall at all times remain at the risk of the Seller who hereby undertakes:
7.6.1 to indemnify Martello Auctions against all claims mage against Martello Auctions in respect of loss or damage of the Lot
7.6.2 to reimburse Martello Auctions on demand for all payments, costs or expenses, including legal fees incurred by Martello Auctions as a result of claims referred to in condition 7.6.1
7.6.3 to waive all rights and claims he may have against Martello Auctions, its servants and agents in connection with such loss or damage referred to in condition 7.1
7.6.4 to notify his insurer of the existence of the indemnity contained in this Condition, and to procure a waiver of subrogation by such insurer of all claims they may have against Martello Auctions in connection with loss or damage referred to in Condition 7.1
8 - VAT
If any Lot is an asset of the Seller’s business, the Seller must notify Martello Auctions or the Auctioneer on delivery of the Lot to Martello Auctions whether or not he is registered for VAT purposes and if so, his registered number and whether or not he intends to operate the VAT Used Goods Scheme covering amongst other goods, works of art and antiques.
9 - Special Goods and Dangerous Substances
9.1 The Seller of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to Martello Auctions that as at the date when the same are put under Martello Auctions control:
9.1.1 they are safe (if used for the purpose for which they were designed) and free from any defect which might cause personal injury or death; and
9.1.2 they comply with all applicable legislation such as (but not limited to) the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations
9.2 The Seller of any Lot containing Dangerous Substances warrants and undertakes to Martello Auctions that as at the date when the same are put under Martello Auctions control:
9.2.1 the Seller has obtained all requisite environmental licenses and approvals required by Environmental Law; and
9.2.2 the Seller has complied with all Environmental Law and environmental licenses, which are applicable to the Dangerous Substances
9.3. The Seller agrees to indemnify Martello Auctions, its employees and agents, against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this condition 9 or any negligence of the Seller, its employees and agents
9.4 The Seller acknowledges that Martello Auctions are the Seller’s agents and for the purposes of all legislation applicable to the Special Goods and Dangerous Substances, including, but not limited to Health and Safety legislation and regulations and Consumer Protection Act 1987, the Seller acts as consignor and supplier
10 - Photographs and Illustrations
The Seller gives Martello Auctions the absolute right to photograph and illustrate any Lot and to use such photographs and illustrations (and any photographs and illustrations provided by the Seller) as it may see fit (whether or not in connection with the auction at which the Lot is to be offered for sale).
11 - Commission and Expenses
11.1 Martello Auctions shall be entitled to deduct commission at the Stated Rates and Expenses from the Hammer Price
11.2 The Seller acknowledges Martello Auctions right to retain the premium payable by the Buyer under Condition 19 hereof.
12 - Payment of Sale Proceeds to the Seller
12.1 Martello Auctions shall pay the Sale Proceeds to the Seller not later than 45 days after the auction if the Purchase Price had been received by Martello Auctions from the Buyer. Notwithstanding that the Seller has not received the Sale Prices, he will transfer the title in the Lot to the Buyer in accordance with Condition 23.2.
12.2 If the Buyer has not paid the Purchase Price to Martello Auctions with the 45 days period mentioned in Condition 12.1, Martello Auctions shall pay the Sale Proceeds to the Seller not later than 7 working days after the date on which the Purchase Price is received.
12.3 If the Buyer fails to pay the Purchase Price within 45 days after the auction Martello Auctions will notify the Seller who will instruct Martello Auctions as to the appropriate course of action to take and if in the opinion of Martello Auctions such action is practicable, it will endeavour to assist the Seller to recover the Purchase Price, but Martello Auctions shall be under no obligation to institute proceedings against the Buyer in its own name. If Martello Auctions do not receive instructions from the Seller or if in the opinion of Martello Auctions such proposed course of action is not practicable for whatever reason then Martello Auctions shall be entitled to:
12.3.1 agree terms with the Buyer for the payment of the Purchase Price
12.3.2 remove, store and insure the Lot sold
12.3.3 settle claims made by or against the Buyer on such terms as Martello Auctions shall in its absolute discretion think fit
12.3.4 take such steps as are necessary to collect the monies due from the Buyer; and
12.3.5 where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer
12.4 If not withstanding that Buyer fails to pay to Martello Auctions with the Purchase Price, Martello Auctions remits to the Seller the Sale Proceeds the ownership of the Lot shall pass to Martello Auctions
13 - Rescission of the Sale
13.1 If the Buyer makes a claim to rescind the sale on the basis of Condition 28.2 and in Martello Auctions opinion that claim is justified, or Martello Auctions decides to rescind the sale on the basis of Condition 12.3.5, Martello Auctions may rescind the sale without further reference to the Seller and refund to the Buyer any amount already paid in respect of the Lot
13.2 If the Seller has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in Condition 13.1 Martello Auctions has the right to recover such monies from the Seller.
14 - Withdrawn Lots
14.1 If the Seller cancels his instructions for sale at any time, Martello Auctions reserves the right to charge a fee of 20% of either Martello Auctions latest estimate of the auction price of the Lot of (if one has been placed) the Reserve placed on the Lot (as the case may be) plus in either case VAT and expenses.
14.2 Upon withdrawal of the Lot the Seller shall arrange for the collection and removal of the Lot at his own expense on or before two working days after the date of withdrawal. If the Seller fails to remove the Lot he shall pay to Martello Auctions the Storage Charges.
14.3 Any legal fees, experts’ fees and other expenses that Martello Auctions may incur investigating any claim concerning ownership of the Lot shall be borne by the Seller, who shall reimburse to Martello Auctions all such fees and other expenses on a full indemnity basis.
15 - Unsold Lots
15.1 If any Lot fails to sell at auction Martello Auctions will notify the Seller who shall either arrange for its removal from Martello Auctions the day following the auction or instruct Martello Auctions to re-offer the Lot for sale.
15.2 In the event that the Seller fails to remove the Lot by the agreed time, the Seller shall pay to Martello Auctions the Storage Charges.
16 - Private Sales
If after 28 days of notification of any unsold Lot or withdrawn Lot the Seller has failed to collect the Lot, the Seller hereby authorises Martello Auctions to sell that Lot by private treaty and to deduct from the sale price any sums owing to Martello Auctions including but not limited to commission up to one half of the Stated Rates, and Expenses.
C - BUYER’S CONDITIONS
17 - Inspection
Buyers and prospective Buyers are deemed to have satisfied themselves before bidding by inspection or otherwise as to (but not limited to) the physical condition (including defects) of the Lot and its description in the Catalogue. Buyers and prospective Buyers should note the provisions of General Conditions 2.4 and 2.5 in relation to descriptions of the Lot in the Catalogue.
18 - The Buyer
18.1 - Any dispute as to who is the Buyer of any Lot shall be settled by Martello Auctions.
18.2 Every bidder at an auction run by Martello Auctions shall be deemed to act as principal unless prior to the start of the auction Martello Auctions has been given a written acknowledgment that a bidder is acting as agent for a named principal;
19 - Buyer’s Premium
Where a Buyer’s Premium is levied, it shall be 20% plus VAT of the Hammer Price. The Buyer also acknowledges that Martello Auctions may receive commission from the Seller in accordance with Condition 11 hereof.
20 - VAT
Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue by a hatch (#).
21 - Commission Bids
21.1 - Prospective Buyers are advised to attend in person auctions runs by Martello Auctions. However Martello Auctions will if so instructed execute written bids up to a specified limit from prospective Buyers sent by post or facsimile transmission to Martello Auctions in advance of an auction or (at Martello Auctions’s discretion) bids by telephone made by or on behalf of prospective Buyers before the auction. The Buyer shall deliver any instructions regarding commission bids whether delivered by post, facsimile transmission, telephone or in person to the appropriate employee of Martello Auctions, being the Auctioneer or an employee authorised to accept such instructions. Neither Martello Auctions nor its employees or agents will be liable for any neglect, default or failure to act in connection with any commission bids.
21.2 In the event that Martello Auctions has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 18.1 and to Martello Auctions’s ultimate discretion it shall be sold to the person whose commission bid was received first. The Auctioneer has the discretion to take room/book bids over internet bids if identical bids arise.
22 - Title and Risk
22.1 - Upon the acceptance of a bid (indicated by the fall of the hammer) by Martello Auctions.
22.2.1 - a contract of sale for the Lot in question is completed between the Buyer to which Martello Auctions is not a party and will not be liable for any breach thereof by either the Seller of the Buyer.
22.2.2 - the Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Martello Auctions such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneer’s sole discretion) lead to the Lot being put up again and re-sold.
22.3 - Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid (and all monies cleared) in accordance with Condition 23.3. Martello Auctions shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 23.3.
23 - Payment
23.1 - A prospective Buyer must if practicable prior to an auction register to bid and must then give Martello Auctions his full name and permanent address and if requested by Martello Auctions banking or other suitable references.
23.2 - the Purchase Price must be paid to Martello Auctions not later than 48 hours following receipt of the purchase invoice following the auction.
23.3 - Full payment for all Lots must be made to Martello Auctions by means of banker’s draft or BACS transfer in pounds sterling. Where the Buyer wishes to pay by cheque, the Lot will not be released to the Buyer until the cheque has been cleared unless arrangements have been made with Martello Auctions prior to the date of the auction. Payment can be made by credit or debit card however Martello Auctions reserves the right to restrict the use of credit and debit cards Payment as necessary .
23.4 - Any payments by a Buyer to Martello Auctions may be applied by Martello Auctions towards or set off against any sums owing from that Buyer to Martello Auctions on any account whatever regardless of any directions of the Buyer or his agents, whether express or implied.
24 - Removal of purchased Lots
24.1 - No Lot may be removed by the Buyer until the Purchase Price has been paid in full and the monies cleared in accordance with Condition 23.3.
24.2 - Subject to Condition 24.1, if the Buyer shall not remove (and arrange for transport/carriage) at his expense any Lot purchased by him within 7 days of the Sale, then the Buyer shall pay to Martello Auctions the Storage Charges.
25 - Responsibility for purchased Lots
25.1 - As the risk in respect of a Lot will pass to the Buyer from the fall of the hammer (as provided by Condition 22.1), the Buyer will be responsible for any loss or damage to the Lot from that time.
25.2 - the Buyer of a Lot being a "motor vehicle" is responsible for complying with the provisions of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuring that any necessary test certificate is in force.
25.3 - the Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with a Lot. Martello Auctions will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.
25.4 - the Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Laws and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to Dangerous Substances.
26 - Non-Payment or failure to collect
If a Lot is not paid for in full and removed in accordance with Conditions 23 and 24, Martello Auctions as agents for the Seller shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies (without prejudice to any other rights it may have):-
26.1 - issue legal proceedings against the Buyer for damages for breach of contract;
26.2 - rescind the sale of the Lot and re-sell the Lot by auction, private treaty or any other means;
26.3 - charge the Buyer all the charges and expenses of the re-sale (including but not limited to) any commissions for the rescinded sale which remain unpaid and the deficiency (if any) between the Hammer Price of the resale and the Hammer Price of the rescinded sale;
26.4 - remove, store and insure the Lot at the expense of the Buyer;
26.5 - charge interest on the Purchase Price at a rate not exceeding 4% per month to the extent that it remains unpaid for more than 14 working days after the date of the auction;
26.6 - retain any Lot knocked down to the Buyer at the same time or any other auction until payment of a Purchase Price by the Buyer;
26.7 - exercise a lien on any other property of the Buyer in Martello Auctions’s possession for any purpose;
26.8 rescind the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;
26.9 reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auctions or obtain a deposit before accepting any bids from the Buyer in the future.
27 - Liability of Martello Auctions and the Seller
27.1 - Neither the Seller, Martello Auctions or its employees or agents is responsible for errors of description (made either orally or in any Catalogue) or for the genuineness or authenticity of any Lot. No warranty whatsoever is given by Martello Auctions, its employees or agents by any Seller to any Buyer in respect of any Lot and any express or implied conditions and warranties are hereby excluded.
27.2 Notwithstanding any other terms of these Conditions, if within one month after the sale Martello Auctions has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and the Buyer returns the same to Martello Auctions in the same condition as at the time of sale then the sale will be rescinded and any amount paid in respect of the Lot will be refunded. Provided that the Buyer shall have no right under this Condition if;-
27.2.1 - the Buyer is not able to satisfy Martello Auctions that the Lot is a deliberate forgery on the basis of evidence from experts;
27.2.2 - the only method of establishing at the date of publication of the Catalogue that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical, or;
27.2.3 - the Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims;
27.3 - Any claim by a Buyer under Condition 27.2 shall be limited to any amount paid in respect of the Lot and shall not extend to any consequential loss suffered by him as a result of the Lot being a deliberate forgery.
27.4 - The benefit of this Condition shall not be assignable and shall only extend to the Buyer, being the person to whom the original invoice was made out by Martello Auctions in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership of that Lot.
28 - Photographs and Illustrations
The Buyer gives Martello Auctions the absolute right to use its photographs and illustrations of Lots at any time at Martello Auctions’s absolute discretion (whether or not in connection with the auction).
29 - Client Money
Martello Auctions will hold any money belonging to the Seller or the Buyer in separately designated client accounts.
ONLINE BIDDING
We offer an online bidding service for bidders who cannot attend the sale.
Please note that any lots purchased via online platforms will be subject to an additional charges subject to the terms of those online platforms.
SPECIAL TERMS IN RELATION TO PHILATELIC ITEMS
PHILATELIC AUCTIONEERS STANDARD TERMS AND CONDITIONS OF SALE (1983 REVISION).
Subject to which all lots are offered at this Auction at which members of the public are present bidding against each other for themselves or as agents.
NOTICE: The Auctioneers exercise all reasonable care to ensure that all statements as to cancellations, centering, colour, condition, date of issue or of postal marking, gum, margins, paper, perforation, printing, provenance, quality, sheet position, status, usage, watermarks, etc., in lot descriptions are reliable and accurate, and that each item is genuine unless the contrary is indicated. However, the statements are not intended to be, and are not to be taken to be, statements of fact or representations of fact in relation to the lot. They are statements of the opinion of the auctioneers, and the attention is particularly drawn to Clause 5 of the PHILATELIC AUCTIONEERS STANDARD TERMS AND CONDITIONS OF SALE (1983 REVISION) set out below. Comments and opinions concerning the characteristics mentioned above, which may be found in or on lots as notes, lists, catalogue prices, writing up or any other means of expression, do not constitute part of lot descriptions and are not to be taken as such unless they are made or specifically verified by the auctioneers.
Clause 1.
a) Each lot is put up subject to any reserve price imposed by the vendor.
b) Subject to sub clause (a) of this clause, the highest bidder for each lot shall be the purchaser thereof, at the fall of the hammer.
c) If any dispute arises as to the highest bidder, the auctioneer shall have the absolute discretion to determine the dispute and may put up again and resell the lot in respect of which the dispute arises.
Clause 2.
a) The bidding and advances shall be regulated by and at the absolute discretion of the auctioneer, and he shall have the right to refuse any bid or bids.
NOTE: Where an agent bids, even on behalf of a disclosed client, the auctioneer nevertheless has the right at his discretion to refuse any such bid.
b) The purchaser of each lot shall immediately on its sale if required by the auctioneer give to him the name and address of the purchaser and pay to the auctioneer at his discretion the whole or part of the purchase money. If the purchaser of any lot fails to comply with any such requirement the auctioneer may put up again and resell the lot; if upon such resale a lower price is obtained than was obtained on the first sale the purchaser in default on the first sale shall make good the difference in price and expenses of resale, which shall become a debt due from him.
c) Where an agent purchases on behalf of an undisclosed client such agent shall be personally liable for payment of the purchase money to the auctioneer and for safe delivery of the lots to the said client.
Clause 3.
a) The auctioneer reserves the right to bid on behalf of clients and vendors.
b) The auctioneer reserves the right before or during the sale to group together lots belonging to the same vendor, to split up and withdraw a lot or lots at the auctioneers absolute discretion and without giving any reason in any case (without liability to any potential purchaser).
c) The auctioneer acts as agent only, and therefore shall not be liable for any default of the purchaser (provided he has not handed over the goods) or vendor.
Clause 4.
a) Each lot shall be at the purchaser's risk from the fall of the hammer and shall be paid for in full before delivery and taken away at his expense by a purchaser in the United Kingdom within 7 days from the date of sale and by a purchaser overseas within 14 days from the date of sale or such longer time as shall be agreed in writing between the auctioneers and purchaser.
b) If any purchaser fails to pay in full for any lot within the time stated in sub clause (a) of this clause, such lot may at any time thereafter at the auctioneer's discretion, be put up for sale by auction again or sold privately; if upon such resale a lower price is obtained than was obtained on the first sale, the purchaser in default on the first sale shall make good the difference in price and the expenses of resale, which shall become a debt due from him.
c) Interest shall be payable by the purchaser on any overdue account.
Clause 5.
a) Each lot is sold as (1) GENUINE unless otherwise described in the sale catalogue or by the auctioneer and (2) CORRECTLY DESCRIBED (see also Clause 5(f)). The date of any certificate forming part of the description of any lot will be included in the description.
b) A purchaser shall be at liberty to reject any lot if he (i) gives the auctioneer written notice (if possible before the sale) of intention to question the genuineness of, as the case may be, the accuracy of that description of the lot within 7 days (or in the case of an overseas purchaser to be in the auctioneer's hands within 21 days from the date of sale) AND (ii) proves that the lot is not genuine or was incorrectly described; AND (iii) returns to the auctioneer within 30 days from the date of sale, the lot in the same condition as it was at the time of sale; provided that the auctioneer may, at his absolute discretion, on receiving a request in writing from the purchaser, extend for a reasonable period the time for the return of the lot, to enable it to be submitted to an agreed expert or expert committee.
NOTE: The onus of proving a lot not to be genuine, or incorrectly described, is on the purchaser. The inability of a recognised expert or an expert committee to express a definite opinion shall serve to discharge the onus on the purchaser and shall be a ground for rejecting the lot concerned.
c) Where a lot has been submitted for an expert opinion, all costs for such an option shall be paid by the person who retains the item or items to which the opinion relates.
d) Where the purchaser of a lot discharges the onus and acts in accordance with sub clause (b) of this clause, the auctioneer shall rescind the sale and repay to the purchaser the purchase money paid by him in respect of the lot.
e) No lot shall be rejected if, subsequent to the sale, it has been immersed in water, marked by an expert or expert committee, or treated by any other process, unless the auctioneer's permission to subject the lot to such immersion, marking or treatment, has first been obtained in writing.
(NOTE: Many Continental experts now mark forged stamps; therefore it is essential for permission to be obtained from the auctioneers BEFORE submitting to these experts).
f) Any lot listed under "collections and various" or stated to comprise or contain a collection, issues or stamps, which are undescribed, shall be put up for sale, not subject to rejection, and shall be taken by the purchaser with all (if any) faults, lack of genuineness, and errors of description, and numbers of stamps within the lot, and the purchaser shall have no right to reject the lot; except that, notwithstanding the foregoing provisions of this sub clause, where before a sale a person intending to bid at the sale gives notice in writing to, and satisfies the auctioneer that any such lot contains any item or items NOT described in the sale catalogue, and that person specifically describes that item or those items in that notice, then that item or those items shall, as between the auctioneer and that person, be taken to form part of the description of the lot for the purposes of sub clauses (a), (b) and (d) of this clause.
g) No lot illustrated in the catalogue shall be rejected on the ground of cancellation, centering, margins, perforation or other characteristics clearly apparent from the illustration.
Clause 6.
The respective rights and obligations of the parties shall be governed and interpreted by English Law, and the buyer hereby submits to the non exclusive jurisdiction of the English Courts.
Special Clauses
A. Stamps due to production methods, age and handling often have minor faults (which are normal). These will not be described. Covers etc which have been through the postal system will show signs of wear and age ie minor stains , creases, splits. If in any doubt viewing is advised.
B. Postage and packaging charges will be applied to any lots purchased and not collected from the sale or from our offices. Typical charges as per the standard Royal Mail Tariffs depending on weight, value and destination.
C. Martello Philatelic Auctions Limited reserves the right to retain ownership of the lots on behalf of vendors until full payment has been received from purchasers on their respective lots.
D. Martello Philatelic Auctions Limited reserves the right to offer any unsold lots to potential purchasers at the reserve price for a period of time after the sale unless instructed otherwise by vendors.
E. Martello Philatelic Auctions Limited aim to pay vendors amounts due in full within 5 weeks of the sale date. We reserve the right at our discretion to withhold funds on lots where the purchaser has failed to make payment or failed to make a satisfactory commitment to make payment.
F. If an extension is required on the purchase of a lot you must notify us in advance of bidding. As soon as the certificate has been granted please contact us. If we do not hear from you within 60 days from the date of this letter we will assume the item has been approved and we will then release the funds to the vendor.
No refunds will be considered after this date unless additional time has been requested, and agreed, prior to the 60 day deadline.
Should the item need to be returned it should be returned in the same condition as when sold with no additional markings or items removed. We reserve the right not to refund subject to our review of the certificate obtained.
