Definitions

For the purpose of the following Terms & Conditions of Engagement :-

• The Company is the Auctioneer
• The Seller is the person instructing the Auctioneers to sell goods by Auction
• The Buyer is the person who has acquired goods at an Auction

Every Auction and the Terms & Conditions of Sale & Engagement shall be governed and construed in accordance with English law and shall be subject to the jurisdiction of English courts.

Terms & Conditions of Engagement

1. The Auctioneers' Conditions of Sale are on display in the Auction Rooms, published on the website and printed in each catalogue. Sellers are considered to have had notice of these and to have agreed acceptance of the same when requesting the entry of goods for Auction in this application
2. Upon receipt of a completed Entry Form, the Seller will be notified of the appropriate auction date(s) with delivery instructions (where applicable). Subsequently altered instructions are at the Seller's risk unless confirmed in writing
3. When instructed, collection and delivery will be undertaken by Clark's of Amersham, an independent firm of acknowledged ability and integrity, whose charges will be deducted from the proceeds of Auction, unless otherwise agreed in writing beforehand. Estimates of charges can be obtained from Clarks on (01494 774186)
4. The Auctioneers reserve the right to catalogue goods as they see fit, determine in which Auction these shall be included (i.e. General or Specialist) and refuse any lots considered to be unsaleable or of negligible value. They shall not be held responsible for any expenses or loss incurred or for the postponement or cancellation of Auctions, for whatever cause. Sellers do not incur storage charges for goods held at Amersham Auction Rooms, pending Auction.
5. The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of Sellers or Buyers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any lot, for any errors of description made by the Seller, themselves or people in their employment. Special attention is drawn to the Misrepresentation Act which reduces the protection normally given by the customary "Caveat Emptor" clause in Conditions of Sale and that in some circumstances makes a Seller liable to a Buyer in respect of disputed catalogue descriptions (even when made in good faith and innocently)
6. The Auctioneers will not accept electrical goods for Auction unless almost new and the Seller can assure the same is in working order. Some "Period" equipment may be accepted (e.g. lights and fittings) but will be sold as decorative only - to comply with legislation
   
   Compliance with consumer protection legislation:
   Low Voltage Electrical Equipment Safety Regulations
   All electrical appliances submitted for Auction will be inspected on arrival in the Auction Rooms for visible safety defects :-
   (a) any item not fitted with a 13 amp safety plug will have the plug removed
   (b) any electrical cable manufactured in obsolete wiring or which is apparently perished/damaged, will be severed in such a way as to render it necessary for the apparatus to be re-wired. The Auctioneers will dispose of all non-conformity plugs and cables and do not undertake to return these items to Sellers or re-instate to original condition, those appliances which are unsold or withdrawn prior to Auction.
   
   Furniture & Furnishings Fire Safety Regulations
   All second-hand upholstered furnishings (including bed bases, mattresses etc) must bear an approved label and without this label the item cannot be sold. This order does not apply to furnishings manufactured before 1950 or bedding, carpets and curtains. (British soft furnishings manufactured between 1950 and 1988 will not bear such a label). (Please enquire of the Auctioneers if you are in any doubt about the interpretation of this legislation)
7. The Seller shall indemnify the Auctioneers against any claims in connection with goods sold on the Seller's instructions
8. The Auctioneers disclaim responsibility for all loss or damage to goods or for unauthorised removal of the same unless directly the result of negligence on their part or one of their employees
9. Unless otherwise instructed, in writing, all goods on the Auctioneers' premises and in their custody, will be held insured against the risks of fire, burglary and water damage (but not accidental damage or breakage). The value of goods so covered shall be the gross amount realised or in the case of unsold lots, the best bid made or the reserve price when the latter has been fixed or the Auctioneers' assessment of value, as appropriate
10. Seller's commission is charged on the hammer price at the rate of 15% plus 1% for insurance cover, the latter subject to a minimum of £1 (see Clause 9) and a Lotting Fee of £3.50 per lot. This comprises all charges except removal, storage, illustration and advertising (where applicable). The Auctioneers reserve the right to collect the appropriate Lotting Fee with the entry form.
11. (a) Unsold lots, which shall include lots offered subject to estimates or reserves - where the Reserve or estimate has been specifically agreed with the auctioneers - will attract a Lotting Fee and the insurance charge. In all other cases, the charge is based upon 10% of the Seller's reserve or mid estimate, plus the Lotting Fee and the insurance charge
    (b) Goods consigned for Auction and withdrawn prior to Auction, will attract a charge based upon 30% of the reserve/the mid estimate/a valuation provided by the Auctioneers or the highest registered absentee bid (which shall be binding on the Seller) - as applicable - subject to a minimum of £25 per lot, whichever is the greater, plus the Lotting Fee and insurance charge
    (c) Sellers, whose goods remain at the Auction Rooms, after notice has been given for removal of the same, will be charged £1 per lot per day but goods may alternatively be removed by Clark's of Amersham to their store. The costs of which shall be borne by the owner. Continued failure to collect may result in goods being sold without further notice, without reserve, to recover costs
    Goods will not be released until all charges (including agreed expenses) have been paid with Cleared funds
12. Payment (without interest) will usually be made to the Seller within 14 days of the Auction date, after the deduction of premium, commission, VAT and expenses (where applicable); but the Auctioneers shall not be liable for payment to the Seller until they themselves receive full payment from the Buyer
13. The Seller shall not be entitled to receive any levy due under Artists Resale Rights legislation
14. Notwithstanding any other of these Terms and Conditions of Engagement, if within 7 days of the Auction of any lot the Buyer gives written notice to the Auctioneers that in his or her opinion it is a deliberate forgery, as defined below, and within 14 days of such notice, returns the lot to the Auctioneers, in the same condition as it was at the time of Auction and by producing evidence (the burden of proof being on the Buyer) satisfies the Auctioneers that the lot is a deliberate forgery; then the Auctioneers will rescind the sale and refund the purchase price received by them (this benefit is not assignable). The Seller will also be bound by this condition
    N.B. In the context of this guarantee "a deliberate forgery" means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of 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 catalogue description, at the time of Auction, was in accordance with the general opinion of experts, or fairly indicates there to be a conflict of 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
15. The Seller may place reserves on lots (minimum £50) but unless instructed to the contrary, all lots will be sold without reserve or at the Auctioneers' discretion. Lots failing to reach reserves may be sold by the Auctioneers, after the Auction at or above the reserves, or by agreement with the Seller, entered into a subsequent Auction
16. The Auctioneers reserve the right to dispose of all unsaleable lots which they consider to be of negligible value, including those which fail to comply with condition 6 herein (not under reserve) without reference to the Seller and at the Seller's full expense
17. The copyright to all photographs and other promotional material published by the auctioneers, shall remain their property, unless otherwise previously and specifically agreed and confirmed in writing
18. VAT (as applicable) will be levied on all fees, charges and expenses at the prevailing rate

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