CONDITIONS OF SALE

Definitions

In these conditions of Sale, Midland Furniture Auctions Limited act only as auctioneers and agents for the seller and the representative of Midland Furniture Auctions Limited conducting the auction is called the `Auctioneer`.

General

Whilst Midland Furniture Auctions Limited make every effort to ensure the accuracy of their catalogue and the description of any lot.

a. Each lot as set out in the catalogue or as divided or combined with any other lot or lots sold by the seller with all faults, imperfections and errors of description.

b. Midland Furniture Auctions Limited 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 seller to so certify and in such case the auctioneers do so as agents of the seller and are not themselves responsible for such claims.

c. All statement whether printed in the catalogue or made orally as to any of the Matters set out above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Midland Furniture Auctions Ltd. Unless they have been instructed in writing by the seller to so certify.

d. The auctioneers must receive any claim under any Statute in writing within ten days of the day of sale.

The Auction

a. The Auctioneer has absolute discretion to divide any lot. To combine any two lots or 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. They may bid on behalf of the seller for all goods, which are being offered subject to reserve or at the Auctioneer’s discretion.

b. The highest bidder shall be the buyer except in the case of dispute. The Auctioneer may at their sole discretion determine the advance of bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen, they have 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 seller. Where no reserves have been placed the seller has the right to bid either personally or by any one person on his behalf (who may be the auctioneer).

d. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lots 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.

Rescission

Notwithstanding any other Terms of the Conditions, if within fourteen days after the sale Midland Furniture Auctions Ltd., have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty one days after such notification the buyer returns the same to Midland Furniture Auctions Ltd., in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Midland Furniture Auctions Ltd. that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The seller and the buyer agree to be bound by Midland Furniture Auctions Ltd. decision.

Default

Midland Furniture Auctions Ltd. , disclaim responsibility for default by either the buyer or the seller as they act, as agents for the seller only and therefore do not pay out to the seller 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.

IN THE EVENT OF A SALE BY PRIVATE TREATY BOTH THE SELLER AND THE BUYER AGREE TO BE BOUND BY THE GENERAL AND ANY SPECIAL CONDITONS OF SALE.

Third Party Liability

Every person on Midland Furniture Auctions Limited premises at any time shall be deemed to be there at their own risk. They shall have no claim against Midland Furniture Auctions Limited in respect of any accident which may occur or injury, damage or loss how so-ever caused, save in so far as the injury damage or loss shall be caused by the direct negligence of Midland Furniture Auctions Limited employees.

 

 

 

CONDITIONS OF SALE APPLICABLE TO BUYERS

Inspection.

Opportunity is given for inspection and each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or other wise 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.

Property and Risk

The legal title in a lot shall not pass to the buyer until the lot(s) has been paid for in full and the auctioneers shall be entitled to a lien on any lot sold until the purchase price is paid in full but each lien at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the auctioneer shall pay the amount required.

Every bidder

Shall be deemed to act as principal unless there is in force a written acknowledgement by Midland Furniture Auctions that they act as agents on behalf of a named principal.

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 buyer’s risk and expense. Midland Furniture Auctions 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 storage charge. If they are not removed and paid for 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 the Auctioneer in respect of any loss, shall be restricted to a maximum of the price paid by the buyer of the lot.

In the event of any failure of the buyer to comply with any of the above condition the damages recoverable by the seller or the auctioneers from the Defaulter shall include any loss arising on any re-sale of the lots, together with the charges and expenses in respect of both sales together with interest. Any money deposit in part payment of cash deposit shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller.

 

Purchase Price

The buyer shall pay the hammer price plus V.A.T. applicable together with a premium at the stated rates on the hammer price. The premium at the appropriate rate is payable by all purchasers. The amount invoices in respect of the premium will be plus V.A.T. but the V.A.T. will not normally be recovered by the buyer. The vendor authorises the Auctioneers to deduct commission and expenses at the standard rates from the hammer price and acknowledges the Auctioneers right to retain the premium payable by the purchases.

Commission to Bid

Midland Furniture Auctions will execute bids on behalf of intending buyers unable to attend the sale at no charge. Midland Furniture Auctioneers under take to purchase lots as cheaply as allowed by other bids and reserves. Bids must be submitted in righting and whilst every care is taken in carrying out instructions Midland Furniture Auctions can not be held responsible for errors or commissions made in carrying out such bids.

Lot on which Value Added Tax

Is payable on the hammer price as indicated in the catalogue. Auctioneer or description sheet with a sign. V.A.T. is payable on the hammer price of such lots at the rates prevailing on the day of auction.

 

 

 

TERMS AND CONDITIONS OF SALE APPLICABLE TO VENDORS

1 Interpretation
1.1 The definitions and rules of interpretation in this condition apply in these conditions.
Company: Midland Furniture Auctions Limited.

Contract: any contract between the Company and the Vendor for the sale by the Company of the Goods at auction, incorporating these conditions.

Goods: any goods of the Vendor agreed in the Contract to be sold by the Company (including any part or parts of them) at auction.

Vendor: the person, firm or company who instructs the Company to sell Goods.

1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 Condition headings do not affect the interpretation of these conditions.

2 Application of terms
2.1 Subject to any variation under condition 2.3, each Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Vendor purports to apply under any other document).

2.2 No terms or conditions endorsed on, delivered with or contained in any document of the Vendor shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 These conditions apply to all sales of Goods by the Company and any variation to these conditions and any representations about the sale of the Goods shall have no effect unless expressly agreed in writing and signed by the Company. The Vendor acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.

2.4 No request by the Vendor to the Company to sell Goods shall be deemed to be accepted by the Company until the Company confirms to the Buyer that it is prepared to sell the Goods and the level of commission to be charged by the Company under the Contract.

2.5 Any quotation by the Company is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

3 Commission
3.1 The Vendor shall pay to the Company for the sale of the Goods commission calculated as a percentage of the sum realised plus VAT. The percentage will be the percentage agreed at the time of Contract. In the absence of agreement, the percentage shall be 15% of the value of the Goods.

3.2 If the Vendor withdraws the Goods from the auction, half of the above commission is payable calculated by reference to any agreed reserve price or, in the absence of an agreed reserve price, by reference to a reserve price reasonably fixed by the Company. If the Goods are bought by the Vendor or its agents at or above the reserve price, full commission is payable. If the Goods are unsold, commission is payable in the sum of £2 plus VAT or 15% of the reserve price, if any, plus VAT, whichever is the higher. Commission is payable within 7 days of the auction, or of the date of any earlier withdrawal.

3.3 The Company may deduct commission and charges from any sum received by it from a purchaser of the Goods.

3.4 The Company will use its reasonable endeavours to send to the Vendor the net proceeds of sale relating to the Goods within 14 days (and by no later than 28 days) following the date of the auction at which the Goods are sold.

3.5 If the Vendor is registered for VAT it shall notify its VAT registration number to the Company prior to the auction.

4 Reserves and bidding
4.1 The Goods shall be put up for sale without reserve unless the Company is notified to the contrary by the Vendor in writing before the auction.

4.2 The Vendor authorises the Company to bid at its discretion up to the amount of the reserve price, to buy in the Goods on the Vendor’s behalf as unsold below the reserve price or to withdraw the Goods as unsold if the reserve price is not reached.

4.3 If the Goods (or any of them) are not sold at an auction (whether or not as a result of a failure to achieve their reserve price) they will be included in a subsequent auction.

4.4 In the event of a dispute as to any bid, the Vendor authorises the Company to determine the dispute and to put up the Goods again at the last undisputed bid.

4.5 If the successful bidder fails to supply his name and address or that of the person on whose behalf he has bid, the Vendor authorises the Company to put up the Goods again at any time during the auction.

4.6 The Company may take reasonable steps to regulate the bidding and to refuse undesirable bids at its discretion.

5 Storage and disposal of goods
5.1 If the Goods are left at the premises of the Company for 7 days after a request by the Company to the Vendor to remove them, the Vendor will be charged for this storage at the rate of £2 per lot per day and the Vendor authorises the Company to sell any such Goods at its discretion (without reserve) to defray costs and storage charges.

6 Loss of or damage to goods
6.1 The Company shall have no responsibility for loss or damage to any Goods or for the unauthorised removal of the Goods except where caused as a direct result of the negligence of the Company or its employees.

7 Insurance
7.1 Unless the Company is otherwise instructed, all Goods on its premises will be held insured against fire and burglary but not against accidental breakage or damage. The value of the Goods for this purpose shall be the gross amount realised on sale, or in the case of unsold Goods, the best bid, or in the case of Goods withdrawn before sale, the Company’s estimate of the value of the Goods.

7.2 The Company shall have no responsibility or liability to the Vendor for loss or destruction of any Goods in any circumstances where the Goods are not insured as a result of the Vendors instructions.

8 Vendor’s warranty
8.1 The Vendor warrants to the Company that it is entitled to have possession of and to sell the Goods and is entitled to instruct the Company to sell them by auction and the Vendor further warrants that all the information supplied to the Company by the Vendor or its agents is accurate and the Vendor agrees to indemnify the Company against any liability howsoever arising in respect of the Company receiving the Goods or selling the Goods at auction or in respect of the Company receiving the Goods or selling the Goods at auction or in respect of any inaccuracies in the above information and against all costs and expenses incurred by the Company or on its behalf in dealing with any claim arising in that respect.

9 Unsaleable goods
9.1 Unless the Vendor instructs the Company otherwise by written notice, all Goods considered by the Company to be incapable of sale at auction may be disposed of at the discretion of the Company.

10 Vendor’s agent
10.1 In selling any Goods, the Company acts as the agent of the Vendor only and shall have no responsibility for any act or omission of the Vendor or a purchaser of the Goods.

10.2 The Vendor agrees to indemnify the Company from and against any and all costs, losses, claims, fines, penalties, expenses and similar liabilities arising out of or in connection with the sale of the Goods except to the extent caused directly as a result of the negligence of the Company.

11 Entry into the Company’s premises
11.1 Any person who enters the Company’s premises does so at their own risk. Except for death or personal injury caused by the negligence of the Company, the Company shall have no liability for death, injury or accident caused to any person while on the Company’s premises.

12 Data Protection
12.1 By entering into a Contract, the Vendor consents to the Company holding and processing personal information of the Vendor in accordance with the Data Protection Act 1998.

12.2 The Company may also use the information to keep the Vendor informed about events and services which may be of interest to the Vendor. If the Vendor does not wish their personal information used for this purpose, the Vendor should notify the Company in writing.

13 General
13.1 The Vendor authorises the Company to photograph or illustrate any Goods and to use such photographs or illustrations (or any photographs provided by the Vendor) for any purpose and at any time as the Company may in its absolute discretion determine.

13.2 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

13.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

13.5 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

13.6 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

13.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.