VICTOR MITCHELL AUCTIONEERS, AUCTION TERMS & CONDITIONS:
Online Bidding: Victor Mitchell Auctioneers offers an online bidding service via easyliveauction.com for bidders who cannot attend the sale. In completing the bidder registration on www.easyliveauction.com and providing your credit card details and unless alternative arrangements are agreed with Victor Mitchell Auctioneers, you:
1. authorise Victor Mitchell Auctioneers , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via Easy Live Auctions and
2. confirm that you are authorised to provide these credit card details to ’Victor Mitchell Auctioneers’ through www.easyliveauction.com and agree that ’Victor Mitchell Auctioneers’ are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via easyliveauction.com will be subject to an additional 3% commission charge at the rate imposed on the hammer price OR the buyer can avail of a £3 minimum registration fee.
FOR ALL ENQUIRIES:
Anne-Louise Mitchell
Telephone: 00353 505 21396 / 00 353 87 6888074
E Mail:
[email protected]
Web: www.victormitchell.com.
PAYMENT TERMS:
In person: Cash, Credit, Debit Card and cleared Cheques.
Non EU credit card payments are subject to an additional 2% bank charge fee, which will be added to the applicable purchase invoices.
Remote payments: Bank Transfer or cleared cheque only
Bank Transfer details will be provided on request.
We will not release goods to third parties and will only release purchases once cleared funds are received.
All invoices not paid within two weeks of the auction maybe subject to an interest charge.
BUYER TERMS & CONDITIONS:
Victor Mitchell Auctioneers act as auctioneers and agents for the vendors and are referred to as “the Auctioneers” and any such reference shall include all employees and agents or representatives this reference shall mean either gender singularly shall include the plural or vice versa. The clause headings are for general guidance and do not form part of the interpretation of the conditions.
“Hammer Price” means the price at which a lot is knocked down by the Auctioneer to the buyer.
“Catalogue” includes any advertisement, brochure, estimate, price list and any other publication.
“Net Proceeds” means the net amount due to the Vendor being the hammer price of the lot sold less the commission at the prevailing rates plus VAT together with expenses and any other amounts due the Auctioneers by the Vendor in whatever capacity and howsoever arising.
“Buyer” shall mean the highest bidder as outlined in section 4.
“Vendor” shall mean the individual, company or other body on whose behalf the Auctioneer acts as agent in the sale of the items.
SUMMARY:
1. CHARGES: The buyer shall pay to the Auctioneer a total premium of 22% (including VAT @ 23%) of the Hammer Price and the Buyer acknowledges that the Auctioneer may also receive commission in accordance with Conditions of Sale from the Seller.
1. Inspection: Each buyer, 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 and description of the lot, including but not restricted to, whether the lot is damaged or has been repaired or restored.
2. Property and Risk: Legal title will 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 lots sold until the purchase price is paid in full but each lot is a the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith pay to Mount Butler Sales Rooms such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lots may, at the Auctioneers sole discretion, be put up again and re-sold.
3. No purchase shall be claimed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by the end of the second 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 the risk
4. The highest bidder or to be buyer subject to the absolute discretion of the Auctioneer and if any dispute arises between two or more bidders, the lot so in dispute shall be immediately put up and re-sold. The auctioneer reserves the right to bid on behalf of the vendors should he/she think fit. His/her decision is final in all matters.
5. The Auctioneers shall have the right at its absolute discretion to refuse any bid, to advance the bidding as it may decide to withdraw or divide any Lot, to combine any two or more lots in the case of dispute to put up any Lot for auction again. The Auctioneer shall regulate the bidding and no bid shall be retracted. The Auctioneers may bid for any goods on behalf of the vendor, which are offered subject to reserve or auctioneers discretion.
6. The Auctioneers shall have the right at its absolute discretion to refuse admission to its premises or attendance at its auction by any person.
7. All items are presumed to have been inspected before the sale and all statements by the Auctioneer are for information purposes only and do not constitute a guarantee.
8. Cataloguing Descriptions: Any representation or statement by the Auctioneers whether in the catalogue or other publication or in a condition report as to the authorship, origin, age, date, attribution, genuineness, provenance, condition or estimated selling price of any Lot is a statement of opinion only. Any illustration in the catalogue are solely for the guidance of prospective buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any lot.
9. In addition, many lots are of an age or nature which precluded their being in pristine condition and some descriptions in the catalogue or given by way of condition report make reference to damage and or restoration such information is given for guidance only and the absence of such reference does not imply that a lot is free from defects nor does any reference to particular defects imply the absence of others.
10. Buyers must satisfy themselves as to all matters referred to in a) or b) above by inspection or otherwise prior to the date of the auction.
11. As far as it is possible, the lots should be paid for within three days of the sale. If necessary, it is possible to leave a deposit on a purchased item on the day of the sale. If a Buyer is unable to collect the purchased item for a period of time after the sale, please notify the Auctioneer and advise when it is likely that the item will be collected. While the Auctioneer will organise storage for the item, at a possible additional charge of €3 per day, he is not responsible for any deterioration in its condition, or loss of the item, during that storage period.
12. If any deficiency shall arise in quantity, or from any cause the Auctioneer shall be unable to deliver any lot or portion of a lot then, in such case, the purchaser shall accept compensation for the same to be make in proportion to the purchase-money of the whole lot; or in the alternative the sale and purchase of that particular lot may be cancelled by either the Auctioneer or purchaser in which case the purchaser shall not be entitled to compensation of any kind.
13. Upon the failure of complying with the above conditions, the money deposited in part payment shall be forfeited. All lots unclaimed within the time aforesaid shall be re-sold by public auction or private sale, and the deficiency (if any) attending such re-sale shall be made good by the defaulter at this sale.
14. Vendor Indemnity: Unless stated otherwise on this form, the vendor warrants to Victor Mitchell Auctioneers that he/she possesses a marketable title free from encumbrances in all goods which he/she instructs Victor Mitchell Auctioneers to sell. Unless Victor Mitchell Auctioneers have been advised otherwise in writing prior to the items being consigned for sale, the vendor is deemed to instruct Victor Mitchell Auctioneers as an individual on his/her own behalf. The vendor indemnifies Victor Mitchell Auctioneers fully in all respects in connection with any claims which may be received in relation to the title of any items consigned for sale.
The Auction:
1. Bidder’s Agents:
All bidders shall supply to Victor Mitchell Auctioneers full details of name and permanent address and if required formal identification. Any bidder shall be deemed to act as a principal and shall be responsible for all accounts unless Victor Mitchell Auctioneers receive in writing instructions that they are acting for the named principal.
15. Purchase Price:
The Buyer shall pay the Hammer Price plus a premium of 22% on all lots.
16. Any requests to refund VAT on the premium should be made in writing to Victor Mitchell Auctioneers and shall be assessed on the individual basis.
17. Settlement of Accounts and Removal of Goods:
All accounts to be settled in full within five working days and all items to be removed within five working days, failing which, Victor Mitchell Auctioneers shall not be held responsible if the lots are stolen, lost, damaged or destroyed and any lots remaining with the Auctioneers shall remain at the risk of the Buyer.
Any account not settled by the end of business on the fifth day after the sale maybe subject to a minimum storage charge of €3.00 per item per lot per day (plus VAT at the appropriate rate).
All accounts to be settled by cash or cheques with appropriate guarantee cards, credit or debit cards, or direct bank transfer to the Victor Mitchell Auctioneers bank account. (For details contact the main office). Third party cheques are not accepted under any circumstances.
The defaulting Buyer shall be responsible for any losses occurring from the resale of any lots.
18. If the Buyer fails to comply with the terms and conditions the Auctioneer has the right to refuse to accept bids in any future sale whether from the principal or their agent and that they may require a cash sum to be deposited with the auctioneer prior to any bids being made by that principal or their agent and that sum shall be decided by the Auctioneers.
19. Payment by Debit and Credit Card
Victor Mitchell Auctioneers are able to accept payments by Visa, Switch or Delta debit cards and by Mastercard or Visa credit cards in settlement of clients’ accounts. No charge will be made in respect of payments made by Visa, Switch or Delta debit cards. However a surcharge equal to 2% will be levied in respect of payments by non EU Mastercard or Visa credit cards. We regret that we are not able to accept payment by other credit or charge cards.
20. Third Party Liability:
Any person in the premises of Victor Mitchell Auctioneers shall be there at their own risk and that they shall have no claim against the Auctioneers, their employees or agents in respect of any incident, accident, loss or damage however caused, unless that injury, accident, or incident shall be as a result of the direct negligence of any employee of Victor Mitchell Auctioneers.
