Conditions of Sale Affecting purchasers, vendors and others attending the sale premises.
1 Purchasers will be deemed:
a) To have inspected their lots prior to the sale;
b) To have accepted that lots are sold with all faults and imperfections specifically
mentioned or not irrespective of whether they bid in
person. by commission or through an agent.
2 All goods are second hand and sold without warranty
unless otherwise stated in the sale catalogue or by the
auctioneer from the rostrum Any implied warranty,
condition or other term is excluded except where to
do so would be unlawful
3 The auctioneers undertake that care has been taken to
see that catalogue descriptions are accurate and reliable
however these are matters of opinion only and shall not
be taken to be statements of fact.
4 The auctioneers act as agents to the vendor and shall
not incur liability to any purchaser for any statement,
representation or warranty as to title, quality or
otherwise of any lot made on behalf of and with the
vendor’s authority Likewise the auctioneers shall Incur
no liability to a purchaser arising from any defect in goods
sold save In the event of negligence on the part of the
auctioneers or their employees Any liability therefore
shall be a matter for dispute between purchaser and
5 The auctioneers reserve on behalf of themselves and the
vendors the following rights:
a) To sell subject to a reserve price
b) To bid on behalf of a vendor and/or purchasers
c) To refuse any bid
d) To rearrange, consolidate, divide,
add or withdraw any lots or vary the order of the sale
e) To exclude any person from the premises if there be
good reason to do so.
6 The auctioneer shall regulate the bidding and shall
determine from time to time the appropriate increment
needed to advance the bidding.
7 The person making the highest accepted bid shall be
the purchaser as defined in these conditions.
8 If a dispute arises as to any bidding then at the discretion
of the auctioneer either
a) The lot to which the disputedbid relates shall immediately be put up again, or
b) The auctioneer shall determine the dispute and his decision
shall be final and binding on all parties
9 a) At the fall of the hammer the purchaser is required
to give his client number.
b) If. and as required by the auctioneer
at the fall of the hammer the purchaser shall also give his
address and/or the address of his principal and/or pay
to the auctioneer all or part of the purchase price plus VAT
and buyers’ premium.
c) Any such payment made at the
fall of the hammer may be treated, at the auctioneers’
discretion, as a general deposit against all purchases,
made by that purchaser on the day.
d) All lots must be paid for in cash, or in other manner acceptable to the
auctioneers, and removed from the premises by 4pm on the Monday following the sale and before delivery is given.
e) Failure by the purchaser to comply with sub clause
a) and b) shall entitle the auctioneer to cancel the sale and,
at his discretion, to immediately re-offer the lot in question
for sale by auction
f)The vendor authorises the auctioneer to deduct commission and expenses from the hammer price and to retain the premium payable by the purchaser.
10 No transfer of lots or sub-sale by any purchaser is
recognised by the auctioneers Purchasers shall remain
liable under these conditions in respect of their own
purchase under the hammer.
11 Private treaty sales shall be subject to these conditions
of sale where applicable.
12 All lots will be at the purchaser’s risk from the fall of
the hammer Purchasers are therefore advised to check that
they have adequate insurance cover.
13Every person on Auction Keynes premises at any time shall be deemed to be there at his/her own risk. He/she shall have no claim against Auction Keynes, its employees or agents in respect of accident which may occur, or injury, damage or loss however caused, save in so far as the injury damage or loss shall be caused by the direct negligence of Auction Keynes employees.
14 All lots must be cleared from the sale premises at the
purchasers expense by the time stipulated or agreed by
15 a) If a purchaser fails to comply with any of the
preceding conditions the auctioneers may cause the lot
in respect of which the failure is made to be resold by
public or private sale without warranty or reserve and
without notice to the purchaser b) If upon resale as
aforesaid a lower price is obtained for any lot than was
obtained on the first sale, the difference in price together
with all costs and charges attending the resale shall be a
debt due from the purchaser in default at the first sale
c) Alternatively the auctioneers may, at their discretion,
store the lot and recover reasonable charges for so doing
from the purchaser.
16The Auctioneers will not accept electrical goods for sale unless these are almost new and/or the owner can assure the same are in working order. Some 'Period' equipment may be accepted (eg. Lights, fittings and audio) but will be sold as decorative only - to comply with legislation.
17 By entering items in the auction the vendor declares that they are authorised to sell the said items and the said items are unencumbered property.
18 All sales shall be deemed to have been made in England and the Parties to the sale hereby submit to the jurisdiction of the English courts. English law shall be the proper law of the contract of sale.