STANDARD CONDITIONS OF SALE
1.1 Whilst Clare Auction (the “Auctioneer”) makes every effort to ensure the accuracy of their Catalogue and the description of any lot:
1.2 each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions
1.3 Clare Auction does 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 vendors so to certify and in such case the Auctioneers do so as agents of the vendor and are not, themselves, responsible for such claims.
1.4 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 Clare Auction, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
1.5 the Auctioneer must receive any claim under any Statute in writing within 10 days of the day of the sale.
2 THE AUCTION
2.1 The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the auction, to refuse bids, regulate bidding or cancel the auction without, in any case, giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve, or at the Auctioneers discretion.
2.2 The highest bidder shall be the buyer except in the case of a dispute. If, during the auction, the Auctioneer considers that a dispute has arisen, the Auctioneer has absolute discretion to settle it or to re-offer the lot. The Auctioneer may, at his sole discretion, determine the advance of bidding or refuse a bid.
2.3 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.
Clare Auction disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor 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.
4 PRIVATE TREATY
In the event of a sale by private treaty, both the vendor and the buyer agree to be bound by The General and Standard Conditions of Sale.
5 THE BUYER
5.1 The highest bidder acceptable to the Auctioneer shall be the Buyer. The Auctioneer shall have absolute discretion to settle any dispute and to refuse bids or to advance the bidding as seen fit.
5.2 Every bidder shall be deemed to act as a principal unless in receipt of written acknowledgement by the auctioneer that the bidder is acting as agent on behalf of a disclosed principal.
5.3 The Buyer must register prior to bidding and will be given/allocated a paddle number. The Auctioneer may refuse a bid or re-offer a Lot if a Buyer has not registered and/or has no current paddle number. Following a successful bid, the Buyer shall pay the Auctioneer, in full the Hammer Price together with a premium of 24% of the Hammer Price within 2 working days of the day of the sale. Please note a minimum invoice charge of £10 per invoice (not per lot) will apply.
5.4 The ownership of a Lot shall not pass to the Buyer and the Buyer shall not be entitled to remove any Lot until he has made full payment to the Auctioneer of the total amount due. Payment shall be deemed to have been made only after the Auctioneer has received cleared funds.
5.5 All Lots must be removed at the Buyers own risk and expense within 2 days of the day of the end of the auction. Buyers will be charged storage fees of £2 per day per lot that is not collected within this timeframe up to the date upon which the lot is collected. These fees will apply even if the goods have been paid for.
5.6.1 Should a Buyer breech either of conditions 5.3 and 5.5 the Auctioneer, at his absolute discretion and without prejudice to any other rights he may have, may exercise any of the following rights and remedies.
5.6.2 proceed against the Buyer for breech of contract
5.6.3 rescind the sale of all or any Lots sold to the Buyer
5.6.4 re-sell all or any Lots by public auction or private treaty and deficiencies in the purchase price resulting from such sale (after giving credit for any prior payment received from the Buyer) together with full costs incurred in connection with the Lot or Lots, shall be paid to the Auctioneer by the Buyer. Any surplus over the proceeds of the sale shall go to the Seller.
5.6.5 remove, store and insure (on any premises) the Lot or Lots at the expense of the Buyer.
5.6.6 charge interest on the purchase price at 5% over the Base Lending Rate of Lloyds TSB Bank PLC on any amount outstanding from the Buyer more than 7 days after the date of the sale.
5.6.7 retain the Lot or any other Lot sold to the Buyer at the same or any other auction and
release the same only after payment of the full purchase price.
5.6.8 reject any bids made by or on behalf of the Buyer at any future auction or obtain part-
payment before accepting any future bids, or
5.6.9 apply any proceeds of sale then due or at any time thereafter becoming due to the Buyer, towards settlement of the total amount due and exercise a lien on any property of the Buyer which is in the Auctioneers possession for any purpose.
5.7 Many items are of an age or nature which precludes their being in perfect condition. The catalogue description is for guidance only and does not imply an item is free from defects, nor does a reference to specific defects imply the absence of others.
5.8 Prospective buyers are strongly advised to examine personally, any goods in which they are interested before the auction takes place. The Auctioneer can provide condition reports on request, but provide no guarantee to reports given other than in relation of forgeries as referred to in clause 5.9
5.9 Any Lot which is claimed by the Buyer to be a forgery may be returned to the Auctioneer in the same condition in which it was sold, within 10 days of the sale. The Auctioneer must be allowed a period of 10 days from the date of receipt of the returned lot to carry out his own investigation as to the validity of the claim. If the Auctioneer is satisfied that the claim is justified and that the Buyer is able to transfer a good and marketable title to the Lot free from any third party claims, the Auctioneer will rescind the sale and refund any amount paid by the Buyer to the Auctioneer.
5.10 Any claim by the Buyer under this condition shall be limited to the amount paid by the Buyer to the Auctioneer for the Lot. The sale of goods act 1979 (as amended) does not apply. Goods are sold as seen.
5.11 The Auctioneer may at it sole discretion, on the Buyers written instructions, execute bids on their behalf, but neither the Auctioneer nor his employees nor agents shall be liable for any neglect in doing or failing to do so.
5.12 These conditions shall be governed by and construed in accordance with English law.
5.13 The Auctioneer reserves the right to request a deposit of 50% of the total due from the Buyers successful bidding. This request may be made at any time during the auction. Should the Auctioneers request not be complied with, those Lots designated to the Buyer will be re-offered for sale.
We offer an online bidding service via easyliveauction.com for bidders who cannot attend the sale.
Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price or no commission for the internet bidding if the ‘Flat Fee’ has been chosen at registration.