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CONDITIONS
OF SALE
BIDDING - The highest bidder to be the Purchaser - but subject to
the Auctioneer reserving the right to refuse the bidding of any person
without giving any reason.
Should any dispute arise between two or more bidders, or between
the Auctioneers and any approved bidder the Lot or Lots in dispute to be
put up again or not at the
discretion of the Auctioneers.
The vendor reserves the right to bid and to withdraw any lot
previously to or at the time of the sale.
No purchaser shall be allowed to retract his or her bidding.
The Auctioneers may divide, combine, add to or withdraw any Lot and
shall determine the advance of each bid and may bid on behalf of the
Vendor on Lots upon which there is a reserve price.
CONDITION
OF LOTS
- All Lots shall be sold with all faults, imperfections and errors of
description in the Lots described in the catalogue, or as these may be
divided or conjoined at the sale, and without any warranty whatever, the
buyers being held to have satisfied themselves as to the condition,
quality, quantity, age and description of Lots before bidding.
MISREPRESENTATION (antique and finer art sales only) - If, within 21
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 14
days after such notification the Purchaser returns the Lot to the
Auctioneers in the same condition as prevailed at the time of the sale and
satisfies the Auctioneers that (having regard to the entry in the
catalogue) the same is a deliberate forgery, then the Auctioneers shall be
entitled to rescind the sale and to refund to the Purchaser the purchase
of that Lot.
In deciding whether or not the Lot is a deliberate forgery the
Auctioneers shall be entitled at their discretion and at the cost of the
Vendor, to seek the view of any expert or other authority.
DESCRIPTIONS - Every effort is made to ensure the accuracy of the
description of each Lot, but theses, whether made orally or in writing are
expressions of opinion and not representations of fact.
No employee of the Auctioneers has any authority to make any
representations of fact and the Auctioneers disclaim on behalf of the
vendor and themselves responsibility for authenticity, age, origin and
condition and for accuracy of measurement of weight of any Lot of Lots.
DAMAGE
TO PROPERTY
- All Purchasers are to be answerable for all damage they, their carriers
or other agents may do to any Lots, or to the premises or other property
of the Auctioneer and the Vendor, in taking down or removing their
respective Lots and to properly repair the same before their Lots are
removed from the premises or deposit with the Auctioneers such sum of
money as the Auctioneers may determine to cover the cost of making good
such damage.
REMOVAL AND CLEARANCE - No Lot or Lots shall be removed from the
premises in or on which the sale is held until paid for in full.
All Lots are the Purchasers risk from the fall of the hammer.
All Lots left after the specified time for clearance will be
entirely at the Purchasers risk and will be liable to any expenses that
may arise from their not having been cleared within the time limit
stipulated by the Auctioneers.
All Lots must be removed no later than (to be announced at the
beginning of each auction).
PAYMENT - Cheques over £50 will only be accepted by prior
arrangement with the Auctioneers and under £50 supported by a Cheque
Guarantee Card.
All Lots must be paid for in full and the Auctioneers will not
permit pr recognise the transfer of any Lot.
All sales shall be cash transactions, and a ;legal title to goods
is retained by the Vendor until they have been paid for in full.
VALUE
ADDED TAX - V.A.T.
is chargeable at the current rate, over and the above the purchased price
on all taxable items.
VIEWING
- Arrangements for viewing of the sale are included in the notices printed
in the catalogue.
RESALE - Upon failure to comply with the above Conditions, any Lots
uncleared within the time aforesaid shall be resold, either by Public Sale
or Private Contract without any intimation to the defaulter, and the
deficiency (if any) by such second sale, together with all charges pending
the same, shall be made good by the defaulter at this present sale and
shall be recoverable as for liquidated damages and any surplus that shall
arise therefrom shall belong solely to the Vendor.
The Auctioneers or Vendor shall have full rights to enforce any
contract made at the sale and to sue for the full price of good and the
foregoing as to resale shall be entirely without prejudice to such right.
SAFETY
REGULATIONS - No warranty is given or implied that any item offered
for sale complies with the Health and Safety at Work Act 1974 or other
regulations; in particular with regard to cabs or frames fitted to
tractors.
ELECTRICAL
GOODS will be sold for scrap unless warranted in a safe condition.
NO
GUARANTEE of working order will be given to intending purchasers.
Neither
Cruso + Wilkin, Auctions & Management, nor the Vendors will accept
responsibility for any accident, injury or damage which may occur to any
person whilst viewing, at the time of the sale or during clearance of the
Lots; any persons entering the premises do so at their own risk.
The Auctioneers contract only as agents for the Vendor and without
personal liability.
The
Auctioneers shall be the sole Arbitrator in every matter of dispute
regarding this sale.
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