Terms & Conditions
PLEASE READ THESE CONDITIONS OF SALE BEFORE BIDDING
1. Every Sale and these Conditions of Sale shall be governed by in accordance with English Law and shall be subject to the jurisdiction of English Courts. SOFAA conditions of business also apply, a copy of which is on display in the saleroom and on request.
2. Hexham Auction Mart Co Ltd Auctioneers act as Agents only in respect of goods delivered for the purpose of sale and herein shall be known as the ‘Auctioneers’. Persons instructing Hexham Auction Mart Co Ltd Auctioneers to sell goods are herein known as ‘Vendors’. Persons who have acquired lots offered for sale by the Auctioneers are herein known as ‘Purchasers’.
3. All persons attending a Sale under the conduct of the Auctioneers – whether at their Sale Rooms or elsewhere – shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or principals in respect of the cancellation/postponement of a Sale or any loss, accident or injury, howsoever occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Auctioneers.
4. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity, but except where specifically instructed so to certify by a Vendor, declare that all statements, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or recision of a sale by a Purchaser, against any Vendor, the Auctioneers or their employees.
5. Many lots are of an age or nature, which preclude them being in pristine condition. Some catalogue descriptions may make reference to damage and/or restoration; however, the omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others.
6. Purchasers should, therefore, satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description – as lots are sold in their actual state with faults, imperfections or errors of description.
7. All electrical goods are PAT-tested at the Vendor’s expense. These goods are not tested for functionality and are without warranties or any guarantee as to their serviceability or working order unless stated.
8. Mechanical goods are sold on the strict understanding that these may not comply with the current Statutory Requirements and as such are offered for sale solely for display purposes or historical interest unless otherwise stated within the lot description.
9. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained; such estimate of the cost to be assessed by the Auctioneers, whose decision shall be final.
10. In making a bid, Purchasers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description on the invitation of bids.
11. Lots are sold subject to any announcement, declaration, and alteration of description or other matters, made by the Auctioneers prior to the invitation of bids.
12. At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Purchaser and the Auctioneers, whose decision shall be absolute and final, shall settle any dispute.
13. The Auctioneers may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the Vendor, where there is a reserve price or at their authorised discretion.
14. The Purchaser shall give his full name (and permanent place of abode) or appropriate bidding number, and upon failure to do so, the Auctioneers may offer the lots again, at their sole discretion.
15. As Agents only, the Auctioneers shall not be responsible for default on the part of the Vendor or Purchasers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneers, in appropriate circumstances, to enforce the Sale Contract if they think fit.
16. The Contract of Sale is made with the Auctioneers, as Agents for the Vendors and payment shall only be made to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods, which shall not pass to the Purchaser until full payment has been received.
17. At the fall of the hammer, all lots shall be and remain in every respect at the absolute risk of the Purchaser, including those of fire, burglary, etc., and damage occasioned to lots by the removal of other goods.
18. Prospective Purchasers are requested to Register at the office upon arrival or before the commencement of the sale.
19. TERMS: Purchasers unknown to the Auctioneers must make prior arrangements to pay by cheque. Most major debit cards and credit cards are usually accepted. Due to the money laundering regulations we are unable to accept cash payments totalling more than £7500.
20. No lots shall be removed from the premises until payment has been received in full.
21. Purchasers shall pay for and make arrangements to remove lots at their own risk and expense within a time agreed with the Auctioneers prior to the sale; after such time a daily charge of £1 per lot to cover storage and, where applicable, interest on outstanding accounts will be levied at 5% above Lloyds Bank Base Rate. Such additional charges being subject to the foregoing conditions regulating payment and no lots shall be released to a Purchaser until any excess charges have been paid. In any event, the Auctioneers reserve the right to resell uncollected lots by auction or private treaty or alternatively, warehouse goods at a Purchaser’s expense. In all cases, the Auctioneers may act without notice and any incidental expenses incurred will become a liability to the defaulter.
22. Notwithstanding any other terms in these Conditions of Sale, if within seven days of the Sale, a Purchaser gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or similar printed matter) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers in the same condition as it was at the time of the Sale – any by producing evidence, the burden of proof to be upon the Purchaser – satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund the purchase price received by them. This benefit is not assignable. In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Sale had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of Sale was in accordance with the then general opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.
23. The Auctioneers are prepared to accept commission bids on behalf of intending Purchasers, unable to attend at the time of the Sale, providing requests are made in writing and up to one hour before the commencement of a Sale and given to the Auctioneer or the Auction Rooms’ Manager. Bids will be executed as cheaply as possible having regard for any reserves (if any) and competing bids. 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 Auction Room Porters or any other member of Auctioneers staff. On the occasion that two equal commission bids are received the first one received shall take priority. Telephone bids can also be executed but a request must be put in writing to the auctioneer and may be subject to a minimum opening bid.
24. A Buyers Premium of 18% inclusive of VAT is payable on purchases please refer to specific sale advert or catalogue for details.
25. Online Bidding. The Auctioneers offer an online bidding service for bidders who cannot attend the auction.
In completing the bidder registration on the online platform and providing your credit or debit card details and unless alternative arrangements are agreed with the Auctioneers you:
25a. Authorise the 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 the platform and
25b. Confirm that you are authorised to provide these credit card details to the Auctioneers and agree that the Auctioneers are entitled to ship the goods to the cardholder name and cardholder address provided in fulfilment of the sale.
Please note that any lots purchased via an online platform will be subject to additional commission charges, as per the terms of the platform.
26. Agency. As auctioneers, we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly, if you buy your primary contract is with the seller.
27. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer’s Premium or VAT (where chargeable). Estimates are prepared before the sale and may be altered by announcement before the sale. They are in no sense definitive.
28. Buyer’s Premium. The Conditions of Sale oblige buyers to pay a buyer’s premium at 18% inclusive of VAT on the hammer price of each lot purchased.
29. Lots in this auction are sold using The Auctioneers Margin Scheme to allow the items to be sold without VAT. Hexham Auction Mart will not separate out the VAT from the seller’s commission and fees, or buyers premium.
Any lots not eligible for the scheme will be sold with VAT added to the purchase price, and will be described as such in the catalogue.
30. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order.
31. Electrical goods are sold for historical and display purposes. These goods are not tested for functionality and are without warranties or any guarantee as to their serviceability or working order unless stated.
32. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
33. Methods of Payment. Our preferred method is via debit card or BACS. As a general rule, any cheques tendered will need to be cleared before removal of the goods is permitted. Please discuss with our Office in advance of the sale if other methods of payment are envisaged (except cash).
34. Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
35. Artist’s Resale Rights. Auctioneers are required to collect a royalty payment for all works of art that have been produced by living artists and those who have died within the last 70 years. This payment is calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of 1000 Euros. This will be charged to the purchaser of the lot.
