Below are the terms and conditions for Chelmsford Auction Rooms.
Buyer’s Terms and Conditions
The Conditions of Sale oblige buyers to pay a buyer’s premium at 22% on the hammer price of each lot purchased. In addition, VAT is charged on this premium. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them, we are normally unable to carry out a detailed, or any, examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods on the view day and day of sale, and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order.
As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not disclosed. Accordingly if you buy your primary contract is with the seller. All lots should be paid for and collected by 5pm on the day following the sale. Commission bidders are asked to check the success of their bids and arrange payment and collection within this time. Items not removed within the specified timescale may be removed at the purchaser’s expense. Storage charges will apply per lot, on a daily rate. Storage charges for motor vehicles will be charged at £25.00 per day per vehicle. Payment is strictly by cash or bankers draft made payable to S H Rowland. Bankers Draft payments will be verified with the issuing back prior to release of the goods purchased. Bidders are required to register their particulars before bidding. The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer’s absolute discretion. Bidding increments shall be at the auctioneer’s sole discretion. The Auctioneer also reserves the right to refuse a bid. V.A.T at the appropriate rate will be applied to those lots announced as attracting a VAT charge. These lot numbers will also be displayed in the auction rooms. The auctioneer has the right at his/her discretion, to refuse admission to our premises or attendance at our auctions by any person. All goods purchased, become the buyers responsibility at the fall of the hammer. The Auction Rooms are unable to pack and despatch goods purchased, unless in our Fine Art and Antique Sales. The cost of which will be the buyer’s responsibility.
GENERAL CONDITIONS OF SALE, AUCTION (BIDDING AGREEMENTS) ACT 1927 AND AUCTION (BIDDING AGREEMENTS ACT 1969)
Written valuations are undertaken and carried out for purposes of insurance, probate, family division, private treaty and auction. Valuation fees are charged on an hourly basis and take into consideration travelling time, secretarial costs and incidentals. They will also be subject to VAT at the appropriate rate. All goods are sold at the Auctioneer’s discretion. It is the seller’s responsibility to ensure that any instruction or amendment is received by the Auctioneer one hour before the auction begins. Any instructions given are handled in the strictest confidence. A reserve gives the Auctioneer the right to sell your item at a figure close to the agreed reserve. General household goods cannot be sold with a reserve. Reserves apply to quality items and are to be discussed with the Auctioneer prior to cataloging. The Auctioneer has express right to exercise his discretion and can sell the item for less than the reserve, should this be the last highest bid achieved. If a reserve lot is unsold it will be put in the next available sale and sold to the highest bidder. Selling without reserve means that the Auctioneer can sell an item/s for the best price achievable, irrespective of what that price may be, The lots shall be assembled at the Auctioneer’s discretion. In the event that a lot receives no bid, it will be “married” to the next lot. This process will continue until a bid is received for all of the “married lots”. In lotting up, the word “etc” will be used to cover numerous items within a lot which are not individually listed. Items received for sale will be put into the next suitable auction, relative to the quality of the goods. All electrical items submitted for sale, must by law, have an electrical test. The cost of this, which will apply to each individual electrical appliance, shall be met by the seller. In the event that goods sold do not meet the costs involved in removal, storage, electrical test, dump charges, commission charges etc the seller will be liable for the costs and undertakes to re-imburse the Auction rooms. Terms of payment within 14 day. In the event of non payment within 14 days, legal action for recovery of the debt will commence. On clearing a property, there will be a charge for disposal of non saleable items. The charge will be calculated on the weight of the disposal. There will be a commission charge applied in respect of selling the goods at Auction. The commission charge covers lotting up, Auctioneer’s services, advertising, administration costs, porterage on the day of auction. The commission charge will also be liable to VAT at the current rate. Goods transported to the Auction rooms will attract a “cartage charge”. This will be calculated on the time taken to load, transport and unload the goods. This will be charged at an hourly rate. The cost of which is the sellers responsibility. In the event that the Auctioneer is unable to obtain any bids for goods, they will be disposed of. The charge of disposal will be the responsibility of the seller. Storage charges, where applicable, apply on a daily rate. If a bid is not honoured, on default, the Auctioneer has the right to sell to the highest private bidder after the sale. Commission on the sale of goods, payable by the seller, is at a standard commission rate of 17.5% plus VAT. For high value/high quality goods, the commission rate can be negotiated with the auctioneer prior to the sale. All commission charges will be liable to VAT at the current rate. Goods submitted for sale are at the seller’s instruction and it is the seller’s responsibility to ensure they are familiar with all terms and conditions of sale. The Auctioneer will not be held liable for the seller not obtaining or understanding the term and conditions of sale which are online and displayed at the Auction Rooms. A copy is available on request. The Auctioneer will not be held responsible for any discrepancy or error in description of cataloguing. The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered for sale and must be removed at your expense.
I declare that I am the owner and have legal entitlement to sell the goods submitted to the auction sale.
Terms and Conditions
Standard Terms and Conditions Each lot in the catalogue will be offered for sale subject to the terms and conditions as laid out below or (i) as changed in other places in the catalogue or (ii) posted in writing at the time of auction (iii) as stated by the Auctioneer. By bidding at the auction whether in person, through an agent, written bid or telephone bid, the buyer and all bidders agree to be bound by these terms and conditions: “Lot” refers to the lot in which property for sale is grouped by us “Property” refers to each item listed for sale at auction “Reserve price” is the minimum price at which a lot is to be sold and does not include commission and/or taxes as applicable. Placing reserve prices on general household goods is not generally recommended. If the vendor wishes to put an unreasonable reserve on an item against the auctioneers advice. The auctioneer has the right to charge 10% of that reserve if the item is unsold or the vendor wishes to withdraw the item from sale. If goods are submitted for sale and are withdrawn for any reason the auctioneer has the right to charge his full commission on his valuation of those said goods. All property is SOLD AS SEEN and neither we nor the consignor makes any guarantees, warranties or representations with respect to the property. This is to include age, genuineness, origin, physical condition, quality, quantity, rarity, value, source or period. Neither we, nor the consignor will be responsible for the correctness or accuracy of descriptions in the catalogue or elsewhere. All measurements as stated in the catalogue are approximate. The bidder assumes the full responsibility to inspect and evaluate the property to his or her complete satisfaction prior to purchase. Auctioneer Announcement All terms, conditions, notices, descriptions concerning any lot may be changed or added to by the Auctioneer prior to any bid being accepted for the lot. The Auctioneer has the right to: 1 Reject any bid 2 Refuse to acknowledge any bidder 3 Withdraw a lot/lots from sale 4 Regulate the bidding and its increments Sale to the Highest Bidder The lot will be sold to the highest bidder, upon the fall of the Auctioneers hammer, as determined by the Auctioneer. Buyers Breach If the buyer fails to comply with his/her obligations, the buyer will be in default. In that case they will be liable for the full purchase price, including fees and charges. Limitation of Liability We are acting as Agents only in connection with the sale of property. The buyer agrees that we shall have no liability under any circumstance for indirect, special, incidental or consequential damages whether in contract, warranty, liability, negligence or other wise, arising out of, resulting from, or relating in any way to the (i) the property or its purchase, sale, delivery or non-delivery or (ii) the acts or omissions of us or our representatives or employees. In addition to the above, a copy of the Bidding Agreement is available upon request from the office.
About Auctions – General Guidance
About Auctions – General Guidance When/where to sell The Auctioneer will discuss with you the most appropriate season and venue likely to produce the strongest bidding for your property. They will discuss what reserves, if any, should be recommended for your property. (The reserve is the confidential price below which you are unwilling to sell your property). It is not generally recommended to place reserves on general household goods. If you are unable to arrange delivery of goods for Auction, transportation can be arranged. Charges Sellers commission is generally payable. In addition charges for catalogues, electric tests, cartage, disposal of non-saleable items may apply. Commissions can be discussed on an individual basis with the Auctioneer prior to sale. Payment Shortly after the Auction you will receive a sale summary indicating the price achieved in the saleroom – less the sellers commission and any other charges. As a rule you will receive payment within one month of the sale date providing that we receive payment from the buyer. Bidder Registration If you are intending to bid, we will ask you to register. This can be done in person on View Day or the morning of the Sale or in advance. Once registered, absentee bidding is acceptable by post, telephone, fax or E-mail prior to commencement of sale. Buyers Premium is charged at the rate of 22%. Viewing Day Day prior to Sale 9.00a.m. to 4.30p.m. and on the morning of Sale. Catalogues Available from the office and also by yearly subscription. Payment for Goods Strictly by cash or Bankers Draft payable to S H Rowland. Buyers are required to pay for purchases immediately following the auction unless prior arrangements have been made with the Auctioneer. Costs involved in the sale of goods may include removal costs to the auction rooms, electrical tests, disposal of non saleable items and other ancillary costs. Electric tests are charged per item, the cost of which will be deducted from the proceeds of sale.