CLWYD AUCTION CENTRE CONDITIONS OF BUSINESS
Buyers and sellers are advised to read carefully the following conditions of Business, including the explanations of cataloguing practice, that contain exclusively the terms under which Clwyd Auction Centre Auctioneers conduct their sales and handle their related matters.
Third Party Liability
All persons on Clwyd Auction Centre premises at any time are there at their own risk. They shall have no claim against Clwyd Auction Centre in respect of any accident which may occur or injury, damage or loss however caused, save insofar as the injury, damage or loss shall be caused by the negligence of Clwyd Auction Centre or its employees.
Registration / Membership
You will not be authorised to bid until you complete our membership /registration, all details can be found on our website www.clwydauctions.co.uk
In order to buy at our auction, you must be a registered member. You will be asked to complete a user details form and to pay the Annual Registration Fee (currently £7.00 inc. VAT) after paying the initial registration fee, your annual membership fee is due and payable on or before 1 December each year if you wish to remain an active bidder.
Online registration
The online annual membership fee is £8.00
If you would like to pre-register online, Please complete the paypal payment from our website www.clwydauctions.co.uk/bidding_number.php
Once registered we can authorise the online bidding account.
***In Classic & Specialist Car Auctions auction all online bidders require £500 deposit on registration (prior to bidding). This will be refunded automatically at the end of the sale if the bid is not successful. If the bid is successful, this sum will be used towards the final bill.
Bidders will not be authorised to bid until the deposit has been paid.***
CONDITIONS OF SALE APPLICABLE TO BUYERS
1. Clwyd Auction Centre as Agent act only as agent for the seller and makes no representation and give no warranty as to the authenticity, merchantability or otherwise of any lot.
2. The Buyer
(A) The Buyer shall be the person making the highest bid which is acceptable to the auctioneers as signified by the fall of the hammer.
(B) Clwyd Auction Centre has sole discretion to decide whether as bid has been made whether there has been a dispute as to the bidding and to settle any dispute.
(C) Every bidder shall, if required by Clwyd Auction Centre, complete a registration form and furnish Clwyd Auction Centre with suitable references before bidding at the auction.
(D) Every bidder acts as principal.
3. Buyers Premium
The Buyer of any lot shall pay Clwyd Auction Centre a premium equal to 20%* plus VAT at the standard rate (*The Buyers Premium for Police auctions is 25% plus vat and Bailiff repossessions is 20% + vat, Online retail auctions is 20% + vat, Classic & Specialist Car Auctions 10% + vat with a minimum of £200 +vat). The Buyer acknowledges that Clwyd Auction Centre may also receive commission from the seller. The Buyer shall not make any deduction in respect of the Purchase Price, nor sell, transfer or otherwise contract to dispose of any lot prior to payment of the Purchase Price.
VAT - We operate the Auctioneers Margin Scheme. VAT charged on the Buyers Premium cannot be shown separately on the invoice and cannot be reclaimed by the buyer.
4. Payment and Risk
Deposit
(A) At the fall of the hammer.
(i) On acceptance by the Auctioneer of a bid, the Buyer shall give his full name and address to the Auctioneer and, if required by the Auctioneer, the Buyer will immediately pay to the Auctioneer a deposit of 25% of the price of the lot purchased in part payment of the price.
(ii) The risk of loss or damage to the lot shall become the full responsibility of the Buyer, not withstanding that it may not yet have passed to the Buyer.
(B) Legal and beneficial ownership of a lot shall not pass to the Buyer until payment for the lot along with any interest or other sums that may be outstanding on any account is received in cleared funds by Clwyd Auction Centre and Clwyd Auction Centre will be entitled to a lien on any lot sold to the Buyer until these amounts are paid in full.
(C) In any event full payment of the Purchase Price must be received by Clwyd Auction Centre by 12 noon on the Tuesday following the sale.
(D)Methods of Payment
(i) Cash in Sterling subject additional cash handling charge of 1% + vat.
(ii) Bank Transfer
(iii) Debit cards. We accept Delta, Electron, MasterCard, Solo, UK Maestro and Visa debit cards and there are no charges for transactions of this nature. N.B. The Company accepts payments by card below £1,000, Card payments are not accepted above this amount.
(iii) If payment by any of these means is not received within the hours required, Clwyd Auction Centre reserve the right to take payment from card details provided on registration with Easy Live Auctions.
5. Collection of Purchases
(A) No lot may be removed until the purchase price has been paid in full.
(B) The Buyer shall remove from Clwyd Auction Centre premises at his/her expense any lot purchased by him/her by 4pm on the Tuesday after the sale.
(C) The Buyer will be responsible for any removal, storage and insurance charges if a lot is not removed in accordance with Condition 5 (B), but nothing in this clause constitutes any representation by Clwyd Auction Centre that it will maintain insurance in respect of any such lot.
(D) Clwyd Auction Centre will not be responsible for any damage caused to any lot after the fall of the hammer.
(A) The Buyer is responsible for arranging all packing and transportation. Clwyd Auction Centre may from time to time recommend transporters, packers or shippers by any such recommendation is given without liability and Clwyd Auction Centre shall not be responsible for any loss or damage to any lot, however caused.
(B) Collection by agents. If an agent or carrier is collecting goods on behalf of the buyer they must produce either written authority from the buyer or a receipted Clwyd Auction Centre invoice for the lot/lots.
6. Remedies for non payment or failure to collect purchases
In the event that a buyer fails to pay for or collect a lot. Clwyd Auction Centre may at its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies:
1.Charge an administration fee of £50 plus VAT per Invoice;
2. A daily fee of £5 plus VAT per Lot for continued storage of the
Lot, whether at the Premises ,plus the cost of storage and insurance of the Lot.
Clwyd Auction Centre reserves the right to notify and charge the Buyer the cost of storage when that amount has to be ascertained from a third party. For the avoidance of any doubt those costs are payable per individual .
(A) Issue proceedings against a Buyer for breach of contract together with costs of any proceedings on a full indemnity basis.
(B) To rescind the sale of that or any other lots sold to the Buyer at the same or any other auction.
(C) To re-sell lot or cause it to be re-sold by public sale or private treaty. Any deficiency in the purchase price resulting from any such re-sale, together with any cost incurred in connection with the lots, shall be paid to Clwyd Auction Centre by the original Buyer and any surplus after deduction of costs and charges shall be due to the original Buyer.
(D) The charge interest on any outstanding monies at the rate of 2% per week or part thereof to the extent they remain unpaid for more than 48 hours from the date of sale.
7. Conditions of Lots
(A) All catalogue descriptions, verbal descriptions, and advertisements for sales concerning attribution, genuineness, authorship, origin, period, date, age, provenance, quality, condition of estimated selling price are statements or opinion only and are not to be taken as statements or representations of fact nor the basis for any warranty or guarantee. Many lots will be of an age that precludes them being in perfect condition and purchasers should satisfy themselves as to the condition of any lot by examining that lot before the auction.
(B) All conditions, warranties, terms, undertakings and obligations implied by statue, common law, custom, trade usage or otherwise (including, without prejudice to the generally of the foregoing, any express or implied condition, warranty or undertaking as to correspondence of the goods with any contract description given, merchantable quality or fitness for any particular purpose), are hereby wholly excluded. If the Buyer deals as a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1994 the above provision shall not apply insofar as they purport to affect the Buyers Statutory rights under the Sale of Goods Act 1979 as amended.
8. Commission Bids
(A) Clwyd Auction Centre will, if instructed in writing, execute bids on behalf of Buyers at Clwyd Auction Centre. Its employees or agents, will not be liable to the Buyer or Seller for any neglect of default in so doing or for failure to do so. Any instructions so given shall be deemed to be irrevocable unless agreed otherwise by Clwyd Auction Centre at any time prior to the auction.
(B) Commission bids will be dealt with in strict order of receipt, therefore when two or more bids of the same amount of the same lot are received the first commission bid received shall be the Buyer if the bid is successful.
9. Photographs
The Buyer gives Clwyd Auction Centre the absolute right to use any photographs or illustrations of any lots at any time and in anyway at Clwyd Auction Centre discretion whether or not in connection with any auction. The Copyright in all illustrations and written matter relating to lots remains at all times in absolute property of Clwyd Auction Centre.
Whilst we seek to describe a Lot accurately, it may be impractical for us to carry out exhaustive due diligence. Bidders are given ample opportunities to view and inspect a Lot before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a Lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition, recommended retail prices or estimated selling price involve matters of opinion. Recommended retail prices are given for guidance only and may be subject to revision after initial instructions have been received. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing, we, our representatives, employees or agents and the Seller do not accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of the Lot, express, implied or statutory, are hereby excluded.
The description of the item should hold precedence over the photographs. We reserve the right to use stock / catalogue images if original photographs cannot be used. Caution should be used when bidding on an item with only a stock image, as colours and sizes of an item can vary from the sale item. No warranty is given.
Clwyd Auction Centre may, at its option, withdraw any lot at any time prior to or during the sale of the lot. Clwyd Auction Centre has no liability to you for any decision to withdraw.
We cannot be held liable for any errors on the website, problems with registration / accepting bids.
The Auctioneer reserves the right to reject any bids which the Auctioneer feels in its sole discretion does not reflect reasonable value.
The Auctioneer may at any time before the fall of the hammer withdraw or divide any Lot or combine any Lots.
