Third
Party Liability. Every person on D J Auctions’
premises at any time shall be deemed to be there at his own
risk. He shall have no claim against D J Auctions in respect
of any accident which may occur or injury, damage or loss
howsoever caused, save insofar as the injury, damage or loss
shall be caused by the direct negligence of D J Auctions’
employees.
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GENERAL
CONDITIONS OF SALE |
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Definitions.
In these Conditions D J Auctions, who act only as auctioneers
and agents for the vendor. Are called ‘The Auctioneers’
and the representative of D J Auctions conducting the Auction
is called ‘The Auctioneer’.
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| 2 |
General.
Whilst D J Auctions make every effort to ensure the accuracy
of their catalogue & the description of any lot |
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(a)
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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 error of description
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(b) |
D J Auctions
do 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 vendor so as to certify, and in such case the Auctioneers
to so as agents of the vendor and are not themselves responsible
for such claims.
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(c) |
All statements,
whether printed in the catalogue or made orally are statements of opinion only
and are not to be taken as being or implying any warranties
or representations of fact by D J Auctions, 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.
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(d) |
Any
claim under any Stature must be received in writing by the
Auctioneer within ten days of the sale.
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| 3 |
The
Auction. |
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(a) |
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, regulate bidding or cancel the sale 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 Auctioneer’s discretion.
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(b) |
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, he has the 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
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(c) |
Each lot
is put up for sale subject to any reserve price placed by the
vendor. Where there is no reserve price (but not otherwise)
the seller has the right to bid either personally or by any
one person (who may be the Auctioneer)
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(d) |
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.
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| 4 |
Default.
D J Auctions disclaim responsibility for default by either
the buyer or the vendor because they act as agents for the
vendor only and therefore they 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.
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| 5 |
In
the event of a sale by private treaty both the vendor and
the buyer agree to be bound by the General and any Special
Conditions of Sale
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VENDORS
CONDITIONS |
| 6 |
Instructions. As D J Auctions are Auctioneers,
all goods delivered to D J Auctions’ premises will be
deemed to be delivered for sale by Auction unless otherwise
stated in writing and will be catalogued and sold at D J Auctions’
discretion and accepted by D J Auctions subject to all the
Sale Conditions. By delivering the goods to D J Auctions for
inclusion in their auction sales each vendor acknowledges
that he or she has accepted and agreed to be bound by all
those conditions.
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| 7 |
Collections.
D J Auctions do not themselves usually undertake the collection
of goods but will, if required.
D J Auctions disclaim all responsibility for loss or damage
to goods for unauthorised removal of goods and for damage
to premises caused by the contractor. Charges for collection of goods will normally be deducted from the proceeds of the sale.
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| 8 |
Loss
or Damage. D J Auctions disclaims all responsibility
for loss or damage to goods or unauthorised removal of
goods unless caused by the direct negligence of their employees.
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| 9 |
Storage.
D J Auctions 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. They
exempt themselves from any liability for loss or damage to
goods delivered to the sale rooms without sufficient sale
instructions, and reserve the right to make a minimum storage
charge at 50p per lot per day for such goods (unless the loss
or damage is caused by the negligence of their employees).
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| 10 |
Right
to Sell. Vendors will be charged for goods left on
the premises if the vendor has been requested to move them
and if the goods are not removed within 21 days of such request.
D J Auctions reserve the right to sell all goods to defray
any storage charges.
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| 11 |
Insurance. |
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(a) |
Unless
otherwise instructed in writing, all goods on D J Auctions’
premises, and in their custody, will be held insured against
the risks of fire, theft following forcible entry and water
damage (but not against accidental breakage or damage). The value of the goods so covered
shall be the gross amount realised, or in the case of unsold
lots, the best bid, or in the case of goods withdrawn prior
to sale that which the specialised staff of D J Auctions shall,
in their absolute discretion, estimate to be the auction value
of such goods.
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(b) |
D J Auctions
shall not be responsible for the damage to, or the loss, theft
or destruction of any goods not so insured upon the owner’s
written instructions.
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(c) |
D J Auctions
shall not be responsible for accidental damage, loss or damage,
howsoever caused unless directly caused by negligence of their
employees.
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(d) |
In respect
of any article delivered to D J Auctions, if the vendor has
in force a policy or policies of insurance in which that article
is specifically mentioned as being insured, whether or not
for an agreed sum or value, the vendor shall notify his insurer,
and himself note, D J Auctions’ interest as bailees
in such policy or policies.
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| 12 |
Reserves. |
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(a) |
All goods
are put up for sale WITHOUT RESERVE at the auctioneer’s
discretion, unless written instructions as to reserves are received
by D J Auctions prior to the commencement of the sale.
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(b) |
In
the event of any reserve price not being reached at the auction,
D J Auctions are empowered to sell after the auction, by private
treaty, at not less than the reserve price, as long as the
goods remain on D J Auctions premises. In the event of such
sale by private treaty, the Conditions of Sale applicable
to the buyer, governing the auction, will apply.
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| 13 |
Indemnity. The vendor shall duly indemnify
D J Auctions against any claim in connection with any goods
sold by D J Auctions on the vendor’s behalf.
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| 14 |
The Vendor authorises the auctioneer to deduct commission
and expenses at the stated rates from the hammer price and
acknowledges the auctioneer’s right to retain any premium
payable by the purchaser.
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| 15 |
Rights
to Photographs and Illustrations. The Vendor gives
D J Auctions full and absolute right to photograph and illustrate
any lot placed in its hands for sale, and to use such photographs
and illustrations and any photographs provided by the Vendor
at any time at it’s absolute discretion (whether or
not in connection with the auction)
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BUYER’S
CONDITIONS. |
| 16 |
Inspection.
Each buyer, by making a bid for a lot, acknowledges
that he has satisfied himself fully before bidding by inspection
or otherwise as to all the Sale Conditions, the physical condition
of, and description for the lot, including but not restricted
to whether the lot is damaged, or has been repaired, or has
been restored.
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| 17 |
Property
and Risk. Legal title will not pass to the buyer
until the lot(s) has been paid in full and the Auctioneers
shall be entitled to a lien on any lot until the purchase
price (as defined in 20 below) is paid in full, but each lot
is at the sole risk of the buyer from the fall of the hammer.
Each buyer shall forthwith shall give his full name(s) and
permanent address, and if called upon to do so by the Auctioneer,
shall forthwith pay to D J Auctions such proportion of the
purchase price the Auctioneer may require. If the buyer fails
to do so, the lot may, at the Auctioneer’s sole discretion,
be put up again and resold.
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| 18 |
Every
bidder shall be deemed to act as principal, unless there is
in force a written acknowledgement by D J Auctions that he
act as agent on behalf of a named principal.
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| 19 |
Removal
of Goods |
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(a) |
No purchase
shall be claimed or removed until it has been paid for and the
sale has been conducted. All purchases shall be paid for and
removed at the buyers risk and expense on the day failing which
the Auctioneer shall not be responsible if the same are lost,
stolen, damaged or destroyed, and all lots not so removed shall
remain at the risk of the buyer and subject to a minimum warehousing
charge of 50p per lot per day. If they are not paid for and
removed on the day of sale the Auctioneer may resell by Auction
or privately without notice to the buyer. Any liability which
there may be on the part of the Auctioneer in respect of any
loss shall be restricted to a maximum of the price paid by the
buyer for the lot.
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(b) |
In
the event of any failure of the buyers to comply with any
of the above conditions the damages recoverable by the seller
of the Auctioneers from the defaulter shall include any loss
arising on any resale of the lot, together with interest at
2% above Bank of England base rate upon the price of any lot
which has not been paid for within 48hrs of the sale, and
any money deposited in part payment shall be held by the Auctioneers
on account of any liability of the defaulter to them or to
the seller. The Auctioneers are unable to accept payment from
successful bidders other than in cash or by the bidders own
cheque. Cheques drawn by third parties, whether in the Auctioneers
favour or requiring endorsement, cannot be accepted. Credit card transactions will incur a 2½% charge.
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| 20 |
Purchase
Price. The purchasers shall pay the hammer price
together with a premium of 15% of the hammer price (no VAT charged). The premium at the appropriate rate
is payable by all the purchasers. The vendor authorises
the Auctioneer to deduct commission and expenses at the stated
rates from the hammer price and acknowledges the Auctioneers
right to retain the premium by the purchasers.
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IMPORTANT
NOTES FOR BUYERS. |
| BIDS
We will be pleased to execute bids on behalf of intending
buyers, and no charge is made for this service. Lots will
be purchased as cheaply as permitted by other bids and reserves.
Bids must be submitted to the Commissions Departments AT
LEAST AN HOUR BEFORE the sale commences, and
should be entered on the forms provided. Bids left by telephone
will be accepted only on the condition that they are at the
sender’s risk, and must in any case be confirmed in
writing.
EXPORT LICENCES.
An Export Licence is required for certain items leaving the
United Kingdom. The obtaining of a relevant Licence is the
responsibility of the Buyer.
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