Auction
1. Definitions. In these Conditions CARN BREA AUCTIONS who act only as auctioneers and agents are called CARN BREA AUCTIONS and the representative of CARN BREA AUCTIONS conducting the auction is called the Auctioneer
2. General. Whilst CARN BREA AUCTIONS make every effort to ensure the accuracy of their catalogues and the descriptions of any lot:-(a) 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.
(b) CARN BREA 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 buyer to so certify.
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 CARN BREA AUCTIONS unless they have been instructed in writing by the buyers to so certify.
3. The Auction.
(a) 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 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 Auctioneers discretion.
(b) The highest bidder shall be the buyer. The Auctioneer may at his sole discretion determine the advance or bidding or refuse a bid. If during the Auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.
(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).
(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.
4. Lot Money. The buyer shall pay the hammer price together with Lot Money at rate 10% of hammer price for general auction and 15% for specialist.
Rescission. Not with standing any other terms of these Conditions, if within fourteen days after the sale CARN BREA AUCTIONS have received from the buyer of any lot notice in writing that in his view the lot is a deliberate fake or forgery and within twenty one days after such notification the buyer returns the same to CARN BREA AUCTIONS in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies CARN BREA AUCTIONS that considered in the light of the entry in the catalogue the lot is a deliberate fake or forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The vendor agrees to be bound by CARN BREA AUCTIONS decision.
6. Default. CARN BREA AUCTIONS disclaim responsibility for default either by the buyer or the vendor because they act as Auctioneers 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 senders risk and must be confirmed in writing forthwith.
7.Third Party Liability. Every person on CARN BREA AUCTIONS premises at any time shall be deemed to be there at his own risk. He shall have no claim against CARN BREA AUCTIONS in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of CARN BREA AUCTIONS employees.
VENDORS CONDITIONS
8. Instructions. As CARN BREA AUCTIONS are auctioneers all goods delivered to CARN BREA AUCTIONS premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at CARN BREA AUCTIONS discretion and accepted by CARN BREA AUCTIONS subject to all the Sale Conditions. By delivering the goods to CARN BREA AUCTIONS for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
9. Collections. CARN BREA AUCTIONS do not themselves undertake the collection of goods, but will, if required in writing, instruct a contractor on the vendors behalf in their capacity as agents. CARN BREA AUCTIONS disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks.
10. Loss or Damage. CARN BREA AUCTIONS disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of their employees.
11. Storage. CARN BREA 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 their sale rooms without sufficient sale instructions and reserve the right to make a minimum storage charge at £1 per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
12. Right to Sell. Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within twenty-one days of such request CARN BREA AUCTIONS reserve the right to sell the goods to defray costs and storage charges.
13. Insurance.
(a) Unless otherwise instructed in writing all goods on CARN BREA AUCTIONS premises and in their custody will be held insured against the risks of fire, burglary and water damage (but not against accidental breakage or damage) for which insurance CARN BREA AUCTIONS will charge a premium of 1 per cent (minimum 10p). 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 a sale that which the specialised staff of CARN BREA AUCTIONS shall in their absolute discretion estimate to be the auction value of such goods.
(b) CARN BREA AUCTIONS shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owners written instructions.
© CARN BREA AUCTIONS shall not be responsible for accidental breakage, loss or damage, howsoever caused unless directly caused by negligence of their employees.
(d) In respect of any article delivered to CARN BREA AUCTIONS if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note CARN BREA AUCTIONS interest as bailees in such policy or policies.
14. Reserves.
(a) All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve are received by CARN BREA AUCTIONS prior to the commencement of the sale.
(b) In the event of any reserve price not being reached at auction, CARN BREA 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 CARN BREA AUCTIONS premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will not apply.
15. Indemnity. The Vendor shall duly indemnify CARN BREA AUCTIONS against any claims in connection with any goods sold by CARN BREA AUCTIONS on the vendors behalf.
16. Value Added Tax. A vendor who sends for sale by auction any chattel(s) which is an asset of business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
BUYERS CONDITIONS
17. Inspection. Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired.
18. Property and Risk. The property in a lot shall not pass to the buyer until he has paid the purchase price in full but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to CARN BREA AUCTIONS such proportion of the purchase price as the Auctioneer may require. If the purchaser fails to do so, the lot may at the Auctioneers sole discretion be put up again and re-sold.
19. Removal of Goods.
No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the Buyers risk and expense by the end of the second working day after the sale, 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 within seven days of the Sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot.
(b) If any buyer fails to comply with any of the above conditions the damages recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the Auctioneer against the defaulters liability and may be appropriated in settlement of that liability.
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 Department at least half 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 senders risk, and must in any case be confirmed in writing.
EXPORT LICENCES
A specific Export Licence is required before some items can be exported from the U.K. Full details on request
NOTICE AND SPECIAL CONDITIONS OF SALE
Care is taken to ensure that any statement as to grading, authorship, attribution, origin, date, age, provenance and condition is reliable and accurate, but all such statements are statements of opinion and are not to be taken as statement or representations of fact. The Auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority
reasonably considered by them to be reliable.
The Auctioneers for themselves and for the seller of each lot given notice to intending buyers that certain items used in descriptions of lots contained in the Auctioneers catalogues have the meanings ascribed to them in the Glossary below.
GLOSSARY
A.F or W.A.F Indicates all faults or as found. Such articles were in some way damaged
or imperfect at the time of cataloguing.
NOTE: Although an article may NOT BE SO MARKED no warranty is given or intended that the article is NOT DAMAGED or imperfect and purchasers must make their own inspection in accordance with the Conditions over.
