Sellers | Terms & Conditions of Acceptance

Definitions

In these Terms & Conditions of Acceptance Cumbria Auction Rooms will be known as the ‘Auctioneers’.

Persons instructing the Auctioneers to sell goods are known as the ‘Seller’. The Auctioneers act as agents for the Seller.

Persons buying goods are known as the ‘Buyer’.

The price at which a lot is sold, excluding Buyers’ Premium and VAT, either at or after auction, is known as the ‘Hammer Price’.

A ‘Reserve’ is an instruction not to sell goods below an agreed Hammer Price, subject to 10% auctioneer’s discretion.

All charges are subject to VAT at the prevailing rate.

Consignment

The Auctioneers reserve the right to decide in which auction goods shall be included and describe goods as they see fit.

The Auctioneers may divide, combine, add to or withdraw goods and make changes without notice or explanation.

The Auctioneers will not be held liable for any errors of description and do not accept responsibility for the attribution, authenticity, origin, age, condition or quality of any goods unless they have been instructed by the Seller so to certify. In such cases the Auctioneers do so as agents for the Seller who shall be responsible to the Buyer for such claims.

The Auctioneers are not liable for faults or imperfections found with any goods.

The Seller shall indemnify the Auctioneers against any claims in connection with goods sold.

The Auctioneers shall not be held liable for any expenses or losses incurred by whomsoever for the postponement or cancellation of an auction.

Insurance

All goods on the Auctioneers’ premises will be insured by the Auctioneers against fire, burglary and water damage but not theft, accidental or malicious damage.

The insured value shall be the Reserve or, in the case of unreserved goods, the lower pre-sale estimate as valued by the Auctioneer’s, and net of agreed charges.

The Auctioneers disclaim responsibility for loss or damage to goods, or for unauthorised removal of the same, unless directly as the result of negligence on their part.

Reserves

All lots will be sold without Reserve or at the Auctioneer’s discretion, unless a Reserve has been agreed in writing.

Goods failing to reach Reserve may be sold after the auction by private treaty at or above Reserve. Remaining unsold goods will automatically be entered into the next suitable auction at 50% of the original reserve. Goods failing to reach the reduced Reserve in the second auction will automatically be entered into the next suitable auction without reserve.

The Auctioneer may bid on behalf of the Seller for goods offered subject to a Reserve or at the Auctioneer’s discretion.

Payment

Payment by cheque of the Hammer Price less commission, expenses (where applicable) and VAT, without interest, will usually be posted to the Seller within 14 days of the auction. The Auctioneers shall not be held responsible for default by the Buyer and therefore shall not be liable for payment to the Seller until payment has been received in full.

Rescission

Notwithstanding any other terms in these Terms and Conditions of Acceptance, if within 14 days of the auction, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion Goods purchased are a deliberate forgery, and returns the Goods to the Auctioneers in the same condition as they were at the time of the auction, and by producing evidence, the burden of proof to be upon the Buyer, satisfies the Auctioneers that the Goods are a deliberate forgery, then the Auctioneers are authorised to rescind the transaction, and refund the purchase price to the Buyer within 14 days of the Seller refunding the monies received by them. This benefit is not assignable. The Seller will be bound by this condition.

In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the auction was in accordance with the then general opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.

This shall not apply to books or similar printed matter.

Additions or Amendments

Any additions or amendments to these Terms and Conditions of Acceptance must be confirmed in writing by the by the Seller.

Buyers’ Premium

A Buyers’ premium of 19.5% is payable by the Buyer on the Hammer Price (minimum charge £1 per lot).

Photography

Where Goods are illustrated in the auction catalogue and on-line there is no charge for photography. However the Auctioneers reserve the right to make use of such illustrations for promotional purposes at any time.

H&H Auction Rooms, Borderway, Carlisle CA1 2RS | T: 01228 406320