"The Auctioneers" means Peter Wilson Fine Art Auctioneers Ltd. of Market Street,
Nantwich. 'The Seller" means person or persons named on the Schedule hereto. Where
the Seller comprises two or more persons, the singular used in these Conditions
shall include the plural and any obligations on the part of the Seller should be
joint and several. “
'The Goods" shall mean the goods identified on the Schedule hereto. "The
Buyer" shall mean a person or persons, including a firm or company, making the highest
bid for the Goods or any part thereof whose bid shall exceed or be equal to the
Reserve, if any. “The Reserve" shall mean the lowest price at which the Auctioneers
are authorised to sell the Goods, such Reserve. if any, being stipulated in the
Schedule hereto. "Notice" shall mean a communication in writing and "Notify" and
"Notification" shall be construed accordingly.
1. The Auctioneers instructed by the Seller to act as
the Seller's Agents to sell the Goods by auction or private treaty subject to the
Conditions.
2. The Auctioneers are not authorised to sell the Goods
other than to the Buyer.
3. The Seller indemnities the Auctioneers insofar as
is possible against any liability under The Misrepresentation Act 1987 or The Consumer
Protection Act 1987 or any Statutory re-enactment thereof.
4. Whilst every effort will be made by the Auctioneers
to catalogue Goods correctly the Auctioneers shall not be liable to the Seller for
any errors in the catalogue description and the Seller shall be liable to the Buyer
for any errors in the catalogue description whether or not such errors entitle the
Buyer to rescind the sale under the Auctioneers Conditions of Sale by Auction and
admission to their sale rooms.
5. The Auctioneers are authorised to disclose the name
of the Seller in any description of the Goods in a sale catalogue unless the Seller
gives to the Auctioneers written instructions not to do so not later than fourteen
days after the acceptance of the Goods for sale.
6. The Auctioneers are authorised to sell the Goods
on the basis that they are sold as seen with all faults imperfections and errors
of description and further upon terms that the Auctioneers exclude for themselves
and for the Seller all responsibility for errors of description or for the genuineness
or authenticity of the Goods or any part or parts thereof for any default or defect
in the Goods howsoever caused. The Auctioneers as agents for the Seller are not
authorised to give any warranty in respect of the Goods or any part thereof and
the Auctioneer should exclude any and every implied condition or warranty relating
to the Goods otherwise except the warranty as to title implied under Section 12
of The Sale of Goods Act 1979.
7. The Seller warrants that he is entitled to have possession
of and to sell the Goods and is entitled to instruct the Auctioneers to sell them
by auction or private treaty. The Seller further warrants that all the information
supplied to the Auctioneers is accurate and indemnifies the Auctioneers against
any liability howsoever arising in respect of any inaccuracies in the above information,
and against all costs and expenses incurred by or on the Auctioneers behalf in dealing
with any claim arising in that respect.
8. The Goods shall be put up for sale without Reserve
unless either the Auctioneers are notified by the Seller at least 48 hours prior
to any sale of the Goods or any part or parts thereof of a Reserve or a Reserve
is entered in the Schedule hereto.
9. The Auctioneers authority to sell shall be revoked
provided the Seller notifies the Auctioneers not less than 24 hours prior to the
sale that the Goods are to be withdrawn from sale. The Seller shall pay to the Auctioneers
prior to delivery of the Goods to the Seller following such withdrawal a charge
of five per cent of the Reserve or, in the absence of a Reserve by reference to
a Reserve price reasonably fixed by the Auctioneers plus VAT at the prevailing rate
at the date of the sale from which the Goods are withdrawn.
10. Any Reserve shall be not less than £20 per lot.
If the Seller stipulates a Reserve the Auctioneers are not authorised to sell the
Goods other than to a Buyer at a price equal to or more than the reserves save that
at their discretion the auctioneers are authorised to sell at the price of 10% below
reserve.
11. If the Goods remain unsold after any Auction, the
Auctioneers shall be authorised to sell the Goods at the next appropriate sale unless
otherwise instructed by the Seller that the Goods are withdrawn under Condition
9. If any Reserve has been applied to unsold Goods at previous sales the Auctioneers
shall be authorised to sell the Goods without any Reserve, being applied unless
another Reserve is notified to the auctioneers at least 48 hours prior to the next
appropriate sale.
12. In the event of a dispute to any bid the Auctioneers
are authorised by the Seller to determine the dispute and to put up the Goods again
at the last undisputed bid
13. If he Buyer fails to supply his name and address
or that of the person on whose behalf he has bid the Auctioneers are authorised
by the Seller to put up the Goods again at any time during the Auction.
14. The Auctioneers are authorised by the Seller to
bid on his behalf at their discretion up to the amount of the reserve, to buy in
the Goods on the Sellers behalf as unsold below the Reserve or to withdraw the Goods
as unsold if the Reserve is not reached.
15. The Auctioneers are authorised by the Seller to
bid on behalf of those persons who have left with them before the Auction written
authority to bid on their behalf.
16. The Auctioneers may take reasonable steps to regulate
the bidding and to refuse undesirable bids at their discretion.
17. The Auctioneers have the Seller's authority to divide
any lot, combine any two or more lots or to withdraw any lot or lots from the sale.
18. The seller shall pay the auctioneers commission
of 17.5% + VAT(20.56% inclusive) of the sum realised for the goods (other such other
rate as may be fixed by the auctioneers) plus VAT at the prevailing rate on the
date of the sale.
19. The auctioneers may deduct their commission and
charges from any sum received by them from the buyer and authorised by the seller
retain possession of the goods until such time as all charges relating to the goods
and the sale price plus buyers commission and VAT have been paid.
20. Provided the Auctioneers have been duly paid by
the 'Buyer and subject to Condition 22 the Auctioneers shall pay the Seller the
net proceeds of sale less any sum due to the Auctioneers from the Seller less any
costs authorised in Condition 22 within 21 days of the date of the sale. The Auctioneers
act as the Sellers agents and are not liable to the Seller for any default by the
Buyer.
21. The Auctioneers are authorised not to account to
the Seller if the Buyer has exercised his rights to return the Goods to the Auctioneers
under Condition 18 of the Auctioneers Conditions of Sale by auction. For the purposes
of that Condition 18 the Seller authorised the Auctioneer, subject to the Seller's
right of reimbursement from the Buyer, to consult any expert at the Seller's expense
and the Seller shall pay to the Auctioneers on demand such sum as the Auctioneers
may reasonably require by way of payment in advance of such costs.
22. If the Goods or any part thereof sold as a separate
lot are proved la be a deliberate forgery the Seller authorises the Auctioneers
to repay the Buyer the purchase price including Buyer's commission and VAT already
paid by the Buyer and the Seller shall pay to the Auctioneers a sum equal to the
Buyer's premium inc. VAT at the prevailing rate and in addition Conditions 11 and
19 shall apply.
23. The Seller shall be deemed to have had due and proper
notice of any matters relating to these Conditions within 48 hours of the posting
by first class mail of any such notice to the Seller by the Auctioneers to the Seller's
address in an envelope properly addressed to the Seller. The Seller undertakes to
notify the Auctioneers of any change of address.
24. The 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.
25. If the Goods are left in the Auctioneers possession
for seven days after written notification to the Seller to remove them the Auctioneers
will charge £2 per lot per day for storage inc plus VAT at the prevailing rate and
are authorised by the Seller to sell the Goods at their discretion to defray costs
and storage charges.
26. (a) Unless otherwise instructed in writing all Goods
on the Auctioneers premises and in their custody will be insured against the risks
of fire burglary and water damage (but not against accidental breakage or damage).
(b) The Auctioneers shall not be responsible for accident breakage loss or damage
howsoever caused unless directly caused by negligence of their employees.
(c) In respect of any Goods delivered to the Auctioneers if the Seller has in force
a policy 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 the Auctioneers interest as bailees in such policy or policies.
27. The Auctioneers are authorised by the Seller to
charge the Buyer a premium at the rate of 17.5% of the hammer price of each lot
sold plus VAT at the prevailing rate.
28. These Conditions shall be governed by and construed
in accordance with English Law. All transactions to which these Conditions apply
and all connected matters shall also be governed by English Law.