Conditions of Sale
ALL BIDS SHALL BE TREATED AS OFFERS MADE UPON THE FOLLOWING CONDITIONS OF SALE
1. In these Conditions Herefordshire Vintage Auctions who act as auctioneers and agents are called "HVA" and the representative of HVA conducting the auction is called the auctioneer.
2. The highest bidder shall be the buyer at the hammer price and any dispute shall be settled at the auctioneer's absolute discretion. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by HVA that he acts as agent on behalf of a named principal.
3. The auctioneer shall have the right to refuse any bid at his absolute discretion and to advance the bidding as he may think fit, to divide any lot, to combine any two or more lots, to withdraw any lot from the auction and in the case of dispute put up any lot for auction again.
4. Lots on which Value Added Tax is payable by the buyer on the hammer price are indicated in the catalogue with a star (*) at the standard rate of 20% or such other statutory rate which may be in force at the time of the sale.
5. All buyers must register their name and address with HVA and if so requested to do so, provide proof of identity. All buyers will be issued with a bidders number. Immediately a lot is sold the buyer shall:
a) Show bidders number and
b) Pay to HVA the total amount due.
c) The buyer shall pay to HVA the hammer price, commission of 15% on automobilia and 10% up to £5,000 and 5% thereafter on motor cars together with Value Added Tax at the standard rate if required to do so, if shown in the catalogue.
6. The ownership of the lot purchased shall not pass to the buyer until payment has been made in full to HVA of the total amount due.
a) The buyer shall at his own expense take away the lot purchased on the day of the auction, unless agreed otherwise with HVA.
b) The buyer shall be responsible for any removal, storage and insurance charges on any lot not taken away within this time.
8. The buyer will be responsible for the loss or damage to lots purchased from the time of collection or after the day of the auction. Neither HVA nor its employees or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, whilst any lot is in its custody or under its control.
9. If any lot is not paid for in full and taken away in accordance with conditions 5 and 7, or if there is any other breach of either of those conditions, HVA as agents of the seller shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
a) to proceed against the buyer for damages for breach of contract;
b) to rescind the sale of that or any other lots knocked down to the defaulting bidder at the same time or any auction;
c) to re-sell the lot or cause it to be re-sold by public auction or private sale and the defaulting buyer shall pay to HVA any deficiency in the total amount due (after deduction of any part payment and addition of resale costs) and any surplus shall belong to the seller;
d) to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage at either HVA premises or elsewhere;
e) to charge interest at a rate not exceeding 30% per month on the total amount due to the extent it remains unpaid for more than the agreed period after the auction;
f) to retain that or any other lot sold to the same buyer at the time or any other auction and realise it only after payment of the total amount due;
g) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future HVA auctions or obtain a deposit before accepting any bids in future;
h) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards the settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in HVA possession for any purpose.
a) Goods auctioned are usually of some age. All goods are sold by the Seller thereof with all faults and imperfections and errors of description. Illustrations in catalogues, website and advertisements are for identification only. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether each lot accords to its description. Subject to the obligations accepted by HVA under this condition, none of the seller, HVA, its employees or agents is responsible for errors of description or the genuineness or authenticity of any lot, no warranty whatever is given by HVA, its employees or agents, or any seller to buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.
b) Any lot which proves to be a deliberate forgery may be returned by the buyer to HVA in the same condition in which it was at the time of the auction, accompanied by a statement as to the reason for its return, the number of the lot and date it was purchased. If HVA is satisfied that the item is a deliberate forgery and that the buyer has and is able to transfer a good and marketable title from the lot free from any third party claims, the sale will be set aside and any amount paid in respect of the lot will be refunded: provided that the buyer shall have no rights under this condition if:
i) The description in the catalogue at the date of the sale was in accordance with the then generally accepted opinion of experts or fairly indicated that there was a conflict of opinion; or
ii) The only method of establishing at the date of publication of the catalogue that the lot was a deliberate forgery was by means of scientific process which were unreasonably expensive or impractical.
c) A buyers claim under this condition shall be limited to any amount paid in respect of the lot and shall not extend to any loss or damage suffered or expense incurred by him.
d) The benefit of this condition shall not be assignable and shall rest and exclusively in the buyer who, for the purpose of this condition, shall be and only be the person to whom the original invoice is made out by HVA in respect of the lot sold.
e) All claims made hereunder must have been received in writing within one year of the day of the sale failing which HVA are released and discharged from any liability whether in whole or in part in respect of such sale or anything arising therefrom.
11. The seller gives HVA full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations at any time at its absolute discretion (whether or not in connection with the auction)
12. The seller will pay a minimum of £5 per lot or 15% per lot commission of the hammer price to HVA. A £5 entry fee will be charged for each unsold lot.
13. Any representation or statement by HVA, in any catalogue, brochure, website or advertisement as to authorship, attribution, genuineness, origin, age, date, provenance, condition or estimated selling price is a statement of opinion only and is not to be relied upon as any representation or statement of fact. Every person interested should exercise and rely on his own judgement as to such matters and neither HVA nor its employees or agents or the seller are responsible for the correctness of such opinions.
14. Whilst the interests of prospective buyers are best served by attendance at the auction, HVA will if so instructed execute commission bids on their behalf, neither HVA, nor its employees or agents being responsible for any neglect or default in doing so or failing to do so.
15. HVA shall have the right to refuse admission to any person at any time to any HVA auction, with no explanation required.
16. HVA reserve the right to alter, change, add, remove and update any of the conditions of sale at any time and without warning or prior notice to do so.
17. The conditions shall be governed by and construed in accordance with English Law. All transactions to which these conditions apply and all matters connected therewith shall also be governed by English Law.
a) The Seller shall arrange for the removal of any unsold lot within 14 days following the Auction or by such other time as agreed by HVA.
b) Failure to remove any unsold lot pursuant to Condition above will entitle HVA to charge the Seller any removal, storage, insurance and other expenses in accordance with the Published Charges.
c) If within 28 days after the Auction the Seller fails to conclude an agreement with HVA regarding the disposal of the lot, HVA shall have the exclusive right to sell the Lot by private treaty and to deduct from the sale price any sums owing to HVA or by
Auction without reserve and to deduct from the Hammer Price any sums owing to HVA.
Our rates of commission have now been revised to produce a fairer system of charging.
Sellers: All Automobilia lots will be charged commission of 15% of the hammer price with a minimum charge of £5. Each unsold lot will be charged a £5 entry fee.
Purchasers will be charged 15% of the hammer price.
VAT will be charged on Trade lots only and will be clearly marked in the catalogue as such.
We are now seeking limited entries of suitable period motor cars, to which we charge a flexible entry tariff, and no commission to the seller, who will receive the whole 'hammer price'. Purchasers will now be charged 10% of the hammer price up to £5,000 and 5% thereafter. There is a fee of £100 for entry of Motor Vehicles.
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