M.G Seaman & Daughter T/A
Rugby Salerooms, 6 Paynes Lane, Rugby, Warks CV21 2UH
Tel: 01788 543445 / 542367
Fax: 01788 570425
TERMS AND CONDITIONS
(No goods will be accepted for sale other than under these terms and conditions of Sale).
- Messrs Rugby Salerooms (who in these conditions are called 'the Auctioneers') act in every respect relating to goods and the sale thereof only as selling agents of the person (herein called the 'Vendor') sending to or leaving such goods with the Auctioneers with a view to the sale thereof.
BUYERS
-
RESPONSIBILITY TO BUYERS
Items are "sold as seen" as viewing is available prior to sale (Sunday 11-3 and Monday 12
midday - commence of sale 7pm), it is not advisable to bid without viewing.
-
PAYMENT OF GOODS
All accounts must be settled in full and goods collected by the close of business by 4pm
the day after the sale. Failure to do this will result in a storage charge of £2.50 per
lot per day, for one week only.
-
BUYERS PREMIUM
AA premium at the rate of 17.5% of the price realised for each lot sold is payable by the
Purchaser to the Auctioneers for their own retention. Any lot over £5.00 is subject to a
£1.50 handling charge. All charges deducted are subject to V.A.T.
VENDORS
-
SCALE OF CHARGES
Commission relating to all goods sold by auction or by private treaty.
For General Sales vendors are charged commission to the following scale: Up to £100.00 per lot
- 20% Over £100.00 per lot- 15% For Antique Collectors sales the commission is 20% on all lots.
House contents are negotiable. £1.50 per lot handling charge. Minimum charge per account per
week £5.00
-
RESERVES
If a reserve price is agreed with Auctioneers no charge will be made if the lot remains unsold.
Reserves specified by the Vendor but not agreed with the Auctioneers will be charged 5% at the price
of withdrawal if unsold. Reserved goods unsold will be re-offered without reserve at the next general
sale unless notification is received to the contrary. Reserves will not be accepted by telephone.
All instructions for reserves must be confirmed in writing prior to the sale.
-
WITHDRAWN LOTS
A minimum charge of £10.00 per lot will be made on goods entered for sale and withdrawn on instructions
from the Vendor prior to sale.
-
UNSOLD LOTS, etc
The Auctioneers have the right at their absolute discretion to dispose of goods which they think unfit for auction.
-
STORAGE
The Auctioneers reserve the right to make such charge as is specified in the current scale of charges for storing
all goods delivered to them with insufficient instructions and also for goods left on their hands after the Vendor
has been asked to remove them. The charges are £2.50 per item per day.
-
INSURANCE
Unless instructed in writing the Auctioneers will for a premium of 99p per cent cover all goods left on their
premises against risk of theft following forcible entry or exit from their premises, fire and water damage.
While every possible care will be taken accidental damage and pilferage cannot be covered. Any claim arising
will be processed by the Auctioneers, on the basis of the sale realisation figure that the goods concerned
would have achieved. The decision of the Auctioneers in this matter shall be final and binding. If the Vendor
does not wish the Auctioneers to insure the entry form should be clearly marked 'NO INSURANCE', then all
goods so left will be at the Vendors sole risk.
-
JEWELS
The Auctioneers are unable to insure against cleavage of stones. The Auctioneers cannot accept liability for
jewels damaged due to cleavage. Vendors must arrange their own insurance in this connection if required..
-
MISREPRESENTATION
Vendors should note that the Misrepresentation Act 1967 may in certain circumstances render a Vendor liable to
a Purchaser in respect of disputed catalogue descriptions even though they may have been made innocently and
in good faith and not withstanding an exclusion of liability. All lots are sold as shown with all faults,
imperfections and errors of description. Subject to the following paragraph the Auctioneers for themselves and
for the Vendor will exclude responsibility for errors of description or for genuineness or authenticity of any
lot or for any default or defect in it howsoever caused. No warranty will be given by the Auctioneers for
themselves or for the Vendor to any Purchaser in respect of any lot and any implied conditions or warranties
(except in the case of the Vendor those implied under Section 12 of the Sale of Goods Act 1893 as amended by the
Supply of Goods (Implied Terms) Act 1973) will be excluded. If within 7 days after the sale the Auctioneers
receive from the Purchaser notice in writing that in his view the lot is a deliberate forgery and within seven
days after such notification the Purchaser returns the lot to the Auctioneers in the same condition as prevailed
at the time of the sale free of liens charges or encumbrances and satisfies the Auctioneers that (having regard
to the entry in the catalogue if any) the same is a deliberate forgery then the auctioneers shall be entitled
to rescind the sale and to refund to the purchaser the purchase price of the lot. In deciding whether or not the
lot is a deliberate forgery the auctioneer shall be entitled at their discretion at the cost of the vendor to
seek the views of any expert or authority. Notwithstanding that the said lot is a deliberate forgery the purchaser
shall have no rights under this provision where:-
a) The said catalogue description at the date of the sale was in accordance with the then generally accepted
opinion of scholars and experts or fairly indicated there to be a conflict of such opinions;
or
b) It can be established that the lot is a deliberate forgery only by means of scientific processes not generally
accepted for use until after publication of catalogues.
-
ADVERTISING
Auctioneers reserve the right to photograph and illustrate the Vendor's property in their catalogue at the expense
of the Vendor subject to a maximum charge per illustration of £25. The Auctioneers further reserve the right to
advertise without reference to the Vendor the forthcoming sale of Vendor's property at the Vendor's expense in such
newspapers and/or magazines as they may in their absolute discretion think fit subject to a maximum of £10 for any
one lot.
-
PAYMENT
Payments are normally made 21 days after the sale. The Auctioneers act as selling agents only and are not liable for
any default by the purchaser. The Auctioneers will pay the net proceeds for sale to the Vendor less any charges to
the debit of the Vendor's account including commission provided that the Auctioneers have been paid by the Purchaser.
-
NAMES AND DESCRIPTIONS
The names of the Vendor may be used by the Auctioneers in the catalogue or advertisement unless prior written
instructions are given by the Vendor to the contrary. The Auctioneer may at the sale and at his discretion modify
any description or statement in the catalogue.
-
GENERAL
All instructions and communications from the Vendor to the Auctioneers must be in writing. Reserves given by telephone
must be confirmed in writing to arrive prior to the sale otherwise the Auctioneers will not be responsible for the
application of reserves.
-
REMOVALS
To and from the Auctioneers will be charged at the current rates and deducted from the Vendor's account.
-
THIRD PARTY LIABILITY
The Auctioneers will not be responsible for any loss, damage or injury occasioned to or sustained by any person during
the period of public viewing, during the auction sale or at any other time howsoever the same may arise, unless arising
from the negligence of an employee of the Auctioneers.
-
RESPONSIBILITY TO BUYERS
Items are "sold as seen" as viewing is available prior to sale (Sunday 11-3 and Monday 12 midday - commence of sale 7pm), it is not advisable to bid without viewing. -
PAYMENT OF GOODS
All accounts must be settled in full and goods collected by the close of business by 4pm the day after the sale. Failure to do this will result in a storage charge of £2.50 per lot per day, for one week only. -
BUYERS PREMIUM
AA premium at the rate of 17.5% of the price realised for each lot sold is payable by the Purchaser to the Auctioneers for their own retention. Any lot over £5.00 is subject to a £1.50 handling charge. All charges deducted are subject to V.A.T.
VENDORS
-
SCALE OF CHARGES
Commission relating to all goods sold by auction or by private treaty.
For General Sales vendors are charged commission to the following scale: Up to £100.00 per lot - 20% Over £100.00 per lot- 15% For Antique Collectors sales the commission is 20% on all lots. House contents are negotiable. £1.50 per lot handling charge. Minimum charge per account per week £5.00 -
RESERVES
If a reserve price is agreed with Auctioneers no charge will be made if the lot remains unsold. Reserves specified by the Vendor but not agreed with the Auctioneers will be charged 5% at the price of withdrawal if unsold. Reserved goods unsold will be re-offered without reserve at the next general sale unless notification is received to the contrary. Reserves will not be accepted by telephone. All instructions for reserves must be confirmed in writing prior to the sale. -
WITHDRAWN LOTS
A minimum charge of £10.00 per lot will be made on goods entered for sale and withdrawn on instructions from the Vendor prior to sale. -
UNSOLD LOTS, etc
The Auctioneers have the right at their absolute discretion to dispose of goods which they think unfit for auction. -
STORAGE
The Auctioneers reserve the right to make such charge as is specified in the current scale of charges for storing all goods delivered to them with insufficient instructions and also for goods left on their hands after the Vendor has been asked to remove them. The charges are £2.50 per item per day. -
INSURANCE
Unless instructed in writing the Auctioneers will for a premium of 99p per cent cover all goods left on their premises against risk of theft following forcible entry or exit from their premises, fire and water damage. While every possible care will be taken accidental damage and pilferage cannot be covered. Any claim arising will be processed by the Auctioneers, on the basis of the sale realisation figure that the goods concerned would have achieved. The decision of the Auctioneers in this matter shall be final and binding. If the Vendor does not wish the Auctioneers to insure the entry form should be clearly marked 'NO INSURANCE', then all goods so left will be at the Vendors sole risk. -
JEWELS
The Auctioneers are unable to insure against cleavage of stones. The Auctioneers cannot accept liability for jewels damaged due to cleavage. Vendors must arrange their own insurance in this connection if required.. -
MISREPRESENTATION
Vendors should note that the Misrepresentation Act 1967 may in certain circumstances render a Vendor liable to a Purchaser in respect of disputed catalogue descriptions even though they may have been made innocently and in good faith and not withstanding an exclusion of liability. All lots are sold as shown with all faults, imperfections and errors of description. Subject to the following paragraph the Auctioneers for themselves and for the Vendor will exclude responsibility for errors of description or for genuineness or authenticity of any lot or for any default or defect in it howsoever caused. No warranty will be given by the Auctioneers for themselves or for the Vendor to any Purchaser in respect of any lot and any implied conditions or warranties (except in the case of the Vendor those implied under Section 12 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973) will be excluded. If within 7 days after the sale the Auctioneers receive from the Purchaser notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the Purchaser returns the lot to the Auctioneers in the same condition as prevailed at the time of the sale free of liens charges or encumbrances and satisfies the Auctioneers that (having regard to the entry in the catalogue if any) the same is a deliberate forgery then the auctioneers shall be entitled to rescind the sale and to refund to the purchaser the purchase price of the lot. In deciding whether or not the lot is a deliberate forgery the auctioneer shall be entitled at their discretion at the cost of the vendor to seek the views of any expert or authority. Notwithstanding that the said lot is a deliberate forgery the purchaser shall have no rights under this provision where:-
a) The said catalogue description at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated there to be a conflict of such opinions;
or
b) It can be established that the lot is a deliberate forgery only by means of scientific processes not generally accepted for use until after publication of catalogues. -
ADVERTISING
Auctioneers reserve the right to photograph and illustrate the Vendor's property in their catalogue at the expense of the Vendor subject to a maximum charge per illustration of £25. The Auctioneers further reserve the right to advertise without reference to the Vendor the forthcoming sale of Vendor's property at the Vendor's expense in such newspapers and/or magazines as they may in their absolute discretion think fit subject to a maximum of £10 for any one lot. -
PAYMENT
Payments are normally made 21 days after the sale. The Auctioneers act as selling agents only and are not liable for any default by the purchaser. The Auctioneers will pay the net proceeds for sale to the Vendor less any charges to the debit of the Vendor's account including commission provided that the Auctioneers have been paid by the Purchaser. -
NAMES AND DESCRIPTIONS
The names of the Vendor may be used by the Auctioneers in the catalogue or advertisement unless prior written instructions are given by the Vendor to the contrary. The Auctioneer may at the sale and at his discretion modify any description or statement in the catalogue. -
GENERAL
All instructions and communications from the Vendor to the Auctioneers must be in writing. Reserves given by telephone must be confirmed in writing to arrive prior to the sale otherwise the Auctioneers will not be responsible for the application of reserves. -
REMOVALS
To and from the Auctioneers will be charged at the current rates and deducted from the Vendor's account. -
THIRD PARTY LIABILITY
The Auctioneers will not be responsible for any loss, damage or injury occasioned to or sustained by any person during the period of public viewing, during the auction sale or at any other time howsoever the same may arise, unless arising from the negligence of an employee of the Auctioneers.