south downs auctioneers

• Definitions. In these Conditions South Downs Auctioneers act only as auctioneers and agents for the seller and the representative of South Downs Auctioneers conducting the auction is called the "Auctioneer".
• General. Whilst South Downs Auctioneers make every effort to ensure the accuracy of their catalogues and the description of any lot:-
  • Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the seller with all faults, imperfections and errors of description.        
  • South Downs Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the seller to so certify, and in such case the Auctioneers do so as agents of the seller and are not themselves responsible for such claims.        
  • All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by South Downs Auctioneers unless they have been instructed in writing by the seller to so certify.        
  • Any claim under any statute must be received in writing by the Auctioneer within seven days of the day of the sale.
• The Auction.
  • The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice.  He may bid on behalf of the seller for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
  • The highest bidder shall be the buyer except in the case of a dispute.  The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.  If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.        
  • Each lot is put up for sale subject to any reserve price placed by the seller,  Where no reserve has been placed (but not otherwise) the seller has the right to bid either personally or by any one person on his behalf (who may be the Auctioneer).        
  • All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.    
• Rescission. Notwithstanding any other terms of the Conditions, if within seven days after the sale South Downs Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to South Downs Auctioneers in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies South Downs Auctioneers that considered in the light of the entry in the catalogue is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded.  The seller and the buyer agree to be bound by South Downs Auctioneer's decision.  In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the buyer and the seller agree to be bound by the decision.
• Default.  South Downs Auctioneers disclaim responsibility for default by either the buyer or the seller because they act as agents for the seller only and therefore do not pay out to the seller until payment is received from the buyer.  Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.
• In the event of a sale by private treaty as with sale by auction both the seller and the buyer agree to be bound by the General and any Special Conditions of Sale
• Third Party Liability.  Every person on South Downs Auctioneers' premises or premises at which they have a sale at any time shall be deemed to be there at his own risk.  He shall have no claim against South Down Auctioneers in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of South Downs Auctioneers' employees.

  SELLERS CONDITIONS

• Instructions.  As South Downs Auctioneers are auctioneers all goods delivered to South Downs Auctioneers premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at South Downs Auctioneers without reserve and accepted by South Downs Auctioneers subject to all  the Sale Conditions.  By delivering the goods to South Downs Auctioneers for inclusion in their auction sales each seller acknowledges that he or she has accepted and agreed to be bound by all these conditions.  Items deemed unfit for sale will be disposed of without further reference to the seller.
• Collections.  South Downs Auctioneers do not themselves usually undertake the collection of goods but will if required in writing instruct a contractor on the seller's behalf in their capacity as agents.  South Downs Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks.  However it South Downs Auctioneers are providing haulage or house clearance services, such responsibility will be theirs.  Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of sale.
• Loss or Damage.  South Downs Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
• Storage.  South Downs Auctioneers reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion.  They exempt themselves from any liability for loss or damage to goods delivered to their salerooms without sufficient sale instructions and reserve the right to make a storage charge for such goods (unless the loss or damage is caused by the negligence of their employees).
• Right to Sell.  Sellers will be charged for goods left on the premises if the seller has been requested to remove them, and, if the goods are not removed within twenty-one days of such request, South Downs Auctioneers reserve the right to sell the goods without reserve by private treaty or auction sale without further notice to defray costs and storage charges.
• Insurance.    
          
  • All goods on South Downs Auctioneers' premises and in their custody will be held insured against the risks of fire, burglary and water damage.  The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the best bid, or in the case of loss prior to sale, the reserve price.  When no reserve has been fixed, at that price which the staff of South Downs Auctioneers shall at their absolute discretion estimate to be the auction value of such goods.        
  • South Downs Auctioneers shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner's instructions.        
  • South Downs Auctioneers shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees.        
  • In respect of any article delivered to South Downs Auctioneers if the seller has in force a policy or policies of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the seller shall notify his insurers of, and shall himself note South Downs Auctioneers' interest as bailee's in such policy or policies.        
  • South Downs Auctioneers reserve the right to settle any legitimate claim by their own method not necessarily through their insurers.        
  • Accidental damage and breakages by persons attending viewing or sale day must be paid for by that person.  If they refuse then the Auctioneer may forward their address to the seller to effect recovery.    
• Reserves.    
          
  • All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve are received by South Downs Auctioneers prior to the commencement of the sale using the entry form.        
  • In the event of any reserve price not being reached at auction, South Downs Auctioneers are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on South Downs Auctioneers' sale site.  In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.  The usual commissions will be deducted.        
  • South Downs Auctioneers reserve the right to sell any lot below its reserve and by reduction of commission, still return to the vendor the desired reserve price.    
• Indemnity.  The seller shall duly indemnify South Downs Auctioneers against any claims in connection with any goods sold by South Downs Auctioneers on the seller's behalf.
• Value Added Tax.  A seller who sends for sale by auction any chattel(s) which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc.  This information must be supplied to the Auctioneer on or prior to delivery of goods.
• The seller authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer's right to retain any premium payable by the buyer.
• Rights to Photographs and Illustrations.  The seller gives South Downs Auctioneers full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs provided by the seller at any time at its absolute discretion (whether or not in connection with the auction).
• Electrical items.  Electrical testing is conducted in accordance with current legislation and any costs passed onto the seller

  BUYERS CONDITIONS

• Inspection.  Opportunity is given for inspection and each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise 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.
• Property and Risk and Registration.  The legal title in a lot shall 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 lot sold until the purchase price (as defined in 23 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer.  Each buyer shall have given his full names and permanent address and be called upon by the Auctioneer forthwith to pay South Downs Auctioneers the purchase price.  If the buyer fails to do so, the lot may at the Auctioneer's sole discretion be put up again and re-sold.
• Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by South Downs Auctioneers that he acts as agent on behalf of a named principal.
• Removal of Goods.    
          
  • No purchase shall be claimed or removed until the sale has been concluded, unless permission is given.  All lots shall be paid for and removed at the buyer's risk and expense by the end of the sale day, 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 at the risk of the buyer and subject to a warehousing charge.  If they are not paid for and removed within five days of the sale the Auctioneer may re-sell or rescind them by auction or privately without notice to the buyer.  Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.        
  • In the event of any failure of the buyer to comply with any of these conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lots, together with the charges and expenses in respect of both sales, and together with interest at 2% above the Bank Base Rate upon the price of any lot which has not been paid for, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller.  The Auctioneers are unable to accept payment from successful bidders other than in cash, credit card or by the bidder's own cheque.  Cheques drawn by third parties, whether in the Auctioneer's favour or requiring endorsement, cannot be accepted.        
  • NO GOODS WILL BE REMOVED UNTIL CHEQUES HAVE CLEARED.    
• Purchase Price.  The buyer shall pay the hammer price together with a premium of 17.5% of the hammer price (adjusted for VAT as necessary).  The premium attracts VAT at the standard rate and is payable by all buyers.   THIS IS SUBJECT TO CHANGE WITHOUT NOTICE.
• South Downs Auctioneers offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.  In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with South Downs Auctioneers you: authorise South Downs 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-saleroom.com, and confirm that you are authorised to provide these credit card details to South Downs Auctioneers through www.the-saleroom.com and agree that South Downs 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 the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price
• Commission to Bid.  South Downs Auctioneers will execute bids on behalf of intending buyers unable to attend the sale at no charge.  South Downs Auctioneers undertake to purchase lots as cheaply as allowed by other bids and reserves.  Bids must be submitted in writing and whilst every care is taken in carrying out instructions South Downs Auctioneers cannot be held responsible for errors and omissions made in carrying out such bids.  Commission bids will not be accepted by persons who have not inspected lots and are subject to all the above conditions.
• Shipping.  We do not provide a shipping service but recommend: MAIL BOXES ETC., Guildford.
  Contact: Tom Melling:
  t. 01483 453131
  f. 01483 452590
  e. tom@mbeguildford.co.uk
  w. www.mbeguildford.co.uk
  

south downs auctioneers - terms of business
sellers commission: 17.5%
buyers premium: 17.5%
entry fee: £3.50 per lot
a surcharge of £25 applies to outsize and very heavy items where additional labour is required