CONDITIONS OF AUCTION
AUCTIONEER AS AGENT OF VENDOR
The Auctioneers act in every respect to the Goods and the sale thereof as Agents only of the person(s) herein called The Vendor by whom the Auctioneers are authorised to sell such Goods as may have been deposited with them for that purpose. The Buyer acknowledges that any liability arising under these terms and conditions of sale and purchase is the liability of the Vendor only and not that of the Auctioneers.
RIGHT TO BID ON BEHALF OF SELLER
In the case of lots upon which there is a reserve price the Auctioneers reserve the right to bid on behalf of the seller to one bid beneath the reserve price.
REGISTRATION OF BUYERS
The Buyer has to register at the pay office with proof of identification, example, a driving licence or passport for a buyers number before purchase of any lot.
BIDDING
The Buyer shall be the person making the highest bid which is acceptable to the Auctioneers as signified by the fall of the hammer. In the case of a dispute as to the highest bidding during or immediately after the sale of the lot, the Auctioneers may if they think fit put the lot up again for sale. The Buyer shall be deemed to be principal unless to the knowledge of the Auctioneers the Buyer is acting as agent on behalf of a named principal.
TO TELEPHONE BID OR COMMISSION BID
ID is required, a deposit to secure your items may be asked for
PAYMENT
The buyer shall pay to the Auctioneers the full purchase price, plus premium, on the day of sale in a way acceptable to the Auctioneer,
1. Payment by cash or Debit card enables collection of lots immediately after payment.
2. Payment by cheque:
- If supported by a cheque card lots can be collected immediately, to cheque card limit.
- For larger payments cheques will be cleared before collection of goods, or a Bank Reference supplied
3. Payment can be made using Bank Transfer. Please be advised all payments need to be cleared in the Auctioneers Bank Account before items can be collected
EXPORT OF GOODS FROM UK - VAT
If goods are to be exported outside the EC and VAT is to be reclaimed we will require express declaration from any prospective exporter prior to sale, or up to one hour after the end of the sale. Advice of a non-EU address is insufficient evidence that lots are to be exported. Any VAT charged on the invoice must be paid in full before goods will be allowed to be removed. VAT will be refunded upon receipt of the appropriate official documents once the item/s have been exported. Lots must be exported within 3 months of the date of the sale.
REMOVAL OF LOTS
No lots to be removed until paid for, failure to remove lots when clear to do so will incur storage charges, levied at £15 per item per day. Each lot to be at the risk of the purchaser on the fall of the hammer and to be taken directly with all faults, defects or errors of description. Buyers are given ample opportunity and viewing time to examine lots to be sold and will be assumed to have done so. They must rely solely on their own skill and judgement as to whether lots are fit for any particular purpose and as to compliance with the catalogue description or illustrations. Further, any damage, howsoever caused, in the removal of purchases by the purchaser or any person acting on their behalf, is solely the liability of the purchaser.
CATALOGUE DESCRIPTION - ALL LOTS
The Auctioneers undertake that reasonable care has been taken to produce catalogue descriptions that are accurate and reliable but these are necessarily matters of opinion only and not to be taken as statement of fact. Although in some instances damage or restoration is noted, generally imperfections are not stated and prospective buyers must satisfy themselves on the condition and accuracy of description of each lot prior to bidding and to act upon their own judgment.
In particular:
Pictures, bronzes etc: Only descriptions commencing with the forename(s) and surname of the artist are in our opinion the work of that particular artist. Any other forms of description are given without warranty as to the origin, authenticity or signature of the artist noted.
Buyers are to act upon their own judgment as to whether the lot agrees with the description.
WARRANTIES AND IMPLIED CONDITIONS EXCLUDED.
No warranty is given by the Auctioneers or the Vendor to any prospective Buyer in respect of any lot and all implied conditions or warranties whether imposed by the Sale of Goods Act 1979 or otherwise (except in the case of the Vendor those implied under Section 12 of the Sales of Goods Act 1979) are hereby excluded. All lots are sold as shown with all faults, imperfections and errors of description whether expressly identified in the catalogue description or not.
BUYERS LIABILITY
The Buyer shall not become the owner of any lot, and the Auctioneers shall have a lien thereon, until the Buyer has discharged the purchase price in full, but after the fall of the hammer the risk of damage or loss to the lot in question shall nevertheless pass to and remain with the Buyer, or if unsold to the Vendor. In default of full payment the lot, or lots, may be resold by public/private sale, and the deficiency (if any) together with all expenses attending such resale shall be made good by the Buyer.
CONDITION REPORTS
Condition report requests must be submitted by 12 noon on the Thursday before the auction. If required we will give an honest opinion as to the damage or restoration which is immediately apparent. We can give no guarantee on authenticity, completeness or concealed restoration. We strongly recommend your personal viewing of the item. If purchase is subsequently effected - viewed or not viewed- full liability as to the price, condition, authenticity and suitability is that of the purchaser.
RESERVES AND GUIDE PRICES
Where items are offered for sale subject to a reserve price, our policy is to reflect the reserve price at a level no higher than the lower end of the guide price.
WRITTEN AND TELEPHONE BIDS
The Auctioneers are prepared to accept written bids from intending Purchasers unable to attend the sale on the Written Bid Forms provided, on the understanding that clients or their representatives leaving such bids have viewed the lots in question and have satisfied themselves as the authenticity and conditions of each lot. Such bids may be accepted from clients who have not viewed but only on the understanding that items purchased on their behalf will be paid for and removed without question. Written Bid Forms must be given to the Office Reception no later than 6pm on the Thurdsday before the sale.This service is undertaken free of charge but without responsibility. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids given to the Auction Room porters. The Auctioneers Conditions of Sale provide that he may at his own discretion on your behalf exceed your commission bid by one bid.
SOFT FURNISHINGS, FIRE SAFETY
All domestic soft furnishings after 1950 must carry appropriate fire safety labels in compliance with DTI Regulations. Furniture made before 1950 is excluded from the regulations even if it has been reupholstered since that date.
ELECTRICAL GOODS
Electrical items noted as collectors electrical items within the catalogue are sold on the strict understanding that though originally intended to be operated by mains electricity are sold untested, without warranty or any guarantee as to safety, serviceability or working order. These items might not comply with current statutary requirements and are offered for sale solely for display purposes or historical interest. The items are not suitable for connection to mains electricity unless they are checked and warranted so by a qualified electrician.
DAMAGE WHILST VIEWING
Any person willfully or accidentally breaking or damaging any of the Lots will be responsible for any compensation due. This is to be assessed by the Auctioneers as sole arbiter and their decision to be final.
BUYERS PREMIUM
Buyers Premium is charged on the price realised for each lot whether sold by auction or private treaty at 18% payable by the Buyer to the Auctioneer for their own retention. The charge is inclusive of VAT, non recoverable.
INSURANCE
Property consigned to Summersgill Auctioneers for sale by auction is covered by insurance against loss or damage whilst on the Auctioneer's premises to the fall of the hammer, sold or unsold. Cover excludes responsibility for items damaged by woodworm or as a result of inherent structural weakness, or by changes in atmospheric conditions, or for the disintegration of gesso covered picture frames and picture frame glass.
FORGERIES
If within 7 days after the sale, the Auctioneers have received from the Buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the Buyer returns the same to the Auctioneers in the same condition as at the time of the sale and by producing evidence, the burden of proof to be upon the Buyer, satisfies the Auctioneers 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 Auctioneers shall not rescind any sale until such time as they have certified to the Vendor and the Buyer that the lot is in their professional opinion a deliberate forgery. The Vendor agrees to be bound by the Auctioneers decision and agrees to refund any amounts received by them from the Auctioneers in respect of that lot. In the case of any misdescription by the Vendor or where a lot is shown to be deliberate forgery, the Auctioneers shall not be liable to the Vendor for any loss arising from the rescission of a contract for sale.
AUCTIONEERS RIGHTS
The Auctioneers claim the right of refusing admission to, and ejecting from, the site on which the sale is held, any person or persons; of regulating the amount of the biddings; of refusing the bid of any person; of altering the arrangement of the lots, selling two or more lots as one lot or in any way they may think proper, also of withdrawing any lot or lots, and of altering or adding to these conditions at the time of the sale. The Auctioneers to be the sole arbitrators in any matter arising during or out of the sale.
THIRD PARTY LIABILITY
Every person at the auction premises at any time shall be deemed to be there at his own risk. He shall have no claim against Summersgills Auctioneers in respect of any accident which may occur or injury, damage or loss howsoever caused.
