| 1. |
Definitions. In these conditions
Jacobs & Hunt act only as Auctioneers and agents for the Sellers and
Jacobs & Hunt or their representative conducting the auction is called
the "Auctioneer". |
2. |
Third party Liability. Every person on
the Auctioneer's premises at any time shall be deemed to be there at their
own risk. They shall have no claim against Jacobs & hunt in any
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 Jacobs and Hunt employees. |
3. |
Condition of Lots. Neither the Auctioneer
or the vendor is responsible for the condition of the lots listed. The absence
of any such reference does not imply that a lot is in good order or free
from imperfections. All lots are sold as seen with all faults,
imperfections and errors of description. The Auctioneers disclaim
themselves and on behalf of the vendor all responsibility for
authenticity, age, origin, condition or quality. All comments and
statements made by the Auctioneer, whether printed in the catalogue or
made orally, are statements of opinion and must not be taken as
statements of fact. Buyers are deemed to have satisfied themselves on authenticity
and condition before bidding. The Auctioneer has no authority to make any
representation of fact. |
4. |
Bidding. The Auctioneer has absolute
discretion to divide any lot, to combine any two or more lots, to withdraw
any lot, or lots from the sale, to refuse bids and to regulate the bidding
or cancel the sale without in any case giving any reason or without
previous notice, He may bid on the vendors behalf for all goods that are
being offered subject to a reserve or at the Auctioneers discretion.
Telephone Bids: In requesting a telephone bid, you are
agreeing to a maiden bid of the bottom estimate which we will bid for you
even if we are unable able to contact you for any reason. Further bids
will only be made with your direct request. |
5. |
Rescission. Notwithstanding any other
terms of these conditions, if fourteen days after the Jacobs & Hunt
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 Jacobs & Hunt in the same
condition as at the time of sale and by producing evidence, the
burden of proof to be upon the Buyer, satisfies Jacobs & Hunt that
considered in the light of entry in the catalogue the lot is a deliberate forgery
then the sale of the lot will be rescinded and the purchase price will be refunded.
The Seller and the Buyer agree to be bound by the Auctioneers decision. |
6. |
Default. Jacobs & Hunt 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, Failure of a Buyer to settle an account within one
calendar month will result in the lot (s) being re-offered at public
auction in an attempt to recover the debt, Any deficiency in the
outstanding amount and all expenses incurred will be charged to the
defaulting Buyer and pursued through the courts until the debt is settled.
Any further charges incurred in pursuance of the debt will be recovered
from the defaulting Buyer. |
7. |
Fall of the Hammer. The highest bidder
(subject to 4 above) shall be the Buyer. If, however any dispute arises
the Auctioneer has absolute discretion to settle the dispute or to
re-offer the lot. At the fall of the hammer, every lot shall be at the
risk of the Buyer who shall give to the Auctioneer their name and address
and if so required by the Auctioneer, their bank and suitable references.
The Buyer may also be required to pay the whole or any part of the
purchase price as the Auctioneer may require in default of which the Auctioneer
may re-offer and resell the lot or lots in question. |
8. |
Buyer's commisson. Buyer's commission at the current
rate published in the
room will be charged in addition to the hammer price of each lot. VAT at
the prevailing rate will be charged on such Buyers commission. |
9. |
VAT. VAT at the prevailing rate will
be charged, as appropriate, on Buyer's and Seller's commission and
charges. VAT will also be charged on the hammer price of lots when
appropriate. This will be indicated by the Auctioneer prior to the sale,
or an asterix after the lot number. |
10. |
Title. Legal title shall not pass to
the Buyer of any lot or lots until they have been paid for in full,
including premium and any additional charges that may have been incurred.
However, each lot will immediately on the fall of the hammer be and remain
in every respect at the risk of the Buyer. |
11. |
Payment. All payments must be made at the
conclusion of the sale unless prior arrangements have been made with the Auctioneers. Interest
will be charged on monies outstanding 7 days after the sale date at the
rate of 5% above the bank base rate, chargeable per week or part thereof.
Cheques will be accepted up to the limit of the banker's guarantee card. Intending
Buyers who wish to settle their account by cheques over that limit may be
required to produce a banker's reference at the time of payment. The goods
will remain in the Auctioneers possession until the cheque has been
cleared. Payment may also be made by Credit or Debit cards. There will be
a surcharge for the use of Credit cards at the current rate published in
the room. |
12. |
Collection of lots. All lots must be
paid for in full at the conclusion of the sale (see 11 above) and are to
be collected by 5pm on the Monday following the sale. Goods not collected
within this time will be subject to a storage and handling charge of £1
per lot per day or part thereof, at the sole discretion of the Auctioneer. No
goods purchased will be handed over without a
production of a receipt settling both the purchase price and any charges
that may be incurred through handling. |
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