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BUYERS PLEASE READ THESE CONDITIONS OF SALE BEFORE BIDDING

  1. Every Sale and these Conditions of Sale shall be governed by in accordance with English Law and shall be subject to the jurisdiction of English Courts. SOFAA conditions of business also apply, a copy of which is on display in the saleroom and on request.
  2. 1818 Auctionees act as Agents only in respect of goods delivered for the purpose of sale and herein shall be known as the 'Auctioneers'. Persons instructing 1818 Auctioneers to sell goods are herein known as 'Vendors'. Persons who have acquired lots offered for sale by the Auctioneers are herein known as 'Purchasers'. 
  3. All persons attending a Sale under the conduct of the Auctioneers - whether at their Sale Rooms or elsewhere - shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or principals in respect of the cancellation/postponement of a Sale or any loss, accident or injury, howsoever occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of Kendal Auction Rooms. 
  4. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity, but except where specifically instructed so to certify by a Vendor, declare that all statements, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or recision of a sale by a Purchaser, against any Vendor, the Auctioneers or their employees. 
  5. Many lots are of an age or nature, which preclude their being in pristine condition. Some catalogue descriptions may take reference to damage and/or restoration; however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others. 
  6. Purchasers should therefore satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description - as lots are sold in their actual state with faults, imperfections or errors of description. 
  7. Electrical/mechanical goods are sold on the strict understanding that those items originally intended to be operated by mains electricity are untested, without warranties or any guarantee as to the serviceability or working order. These may not comply with the current Statutory Requirements and as such are offered for sale solely for display purposes or historical interest. 
    THESE ARE NOT SUITABLE FOR CONNECTION TO THE MAINS ELECTRICITY SUPPLY. The Auctioneers cannot accept responsibility for any act by a Buyer in contravention of this condition. 
  8. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained; such estimate of cost to be assessed by the Auctioneers whose decision shall be final. 
  9. In making a bid, Purchasers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description on the invitation of bids. 
  10. Lots are sold subject to any announcement, declaration, and alteration of description or other matters, made by the Auctioneers prior to the invitation of bids. 
  11. At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Purchaser and the Auctioneers, whose decision shall be absolute and final, shall settle any dispute. 
  12. The Auctioneers may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the Vendor, where there is a reserve price or at their authorised discretion. 
  13. The Purchaser shall give his full name (and permanent place of abode) or appropriate bidding number, and upon failure to do so, the Auctioneers may offer the lots again, at their sole discretion. 
  14. As Agents only, the Auctioneers shall not be responsible for default on the part of the Vendor or Purchasers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneers, in appropriate circumstances, to enforce the Sale Contract if they think fit. 
  15. The Contract of Sale is made with the Auctioneers, as Agents for the Vendors and payment shall only be made to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods, which shall not pass to the Purchaser until full payment has been received. 
  16. At the fall of the hammer, all lots shall be and remain in every respect at the absolute risk of the Purchaser, including those of fire, burglary, etc., and damage occasioned to lots by the removal of other goods. 
  17. Prospective Purchasers are request to Register at the office upon arrival or before the commencement of the sale. 
  18. TERMS: Purchasers unknown to the Auctioneers must make prior arrangements to pay by cheque. If a Purchaser is to pay by cheque, the funds must be received, in full, by the Auctioneers before Lots can be removed. Most major debit cards and credit cards are usually accepted, charges may apply. Please note that goods can only be despatched to card address or if collecting then payment card must be produced on collection as proof of identity.
  19. No lots shall be removed from the premises until payment has been received in full, either to the Purchaser and/or Agents acting on behalf of the Purchaser (e.g Couriers). It is important all payments outstanding for Lots are prompt, failure to provide the full amount due may incur storage and/or insurance charges, or Lots may be offered for sale, as of Clause 20.
  20. Purchasers shall, at their own expense and risk, pay for and collect any Lots purchased, from the Auctioneers premises, no later than three (3) working days following the Sale. In any event, the Auctioneers reserve the right to resell uncollected lots by auction or private treaty or alternatively, warehouse goods at a Purchaser's expense. In all cases, the Auctioneers may act without notice and any incidental expenses incurred will become a liability to the defaulter. 
  21. Notwithstanding any other terms in these Conditions of Sale, if within seven days of the Sale, a Purchaser gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or similar printed matter) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers in the same condition as it was at the time of the Sale - any by producing evidence, the burden of proof to be upon the Purchaser - satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund the purchase price received by them. This benefit is not assignable. 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 Sale 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 Sale 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. 
  22. The Auctioneers are prepared to accept commission bids on behalf of intending Purchasers, unable to attend at the time of the Sale, providing requests are made in writing and up to one hour before the commencement of a Sale and given to the Auctioneer or the Auction Rooms' Manager. Bids will be executed as cheaply as possible having regard for any reserves (if any) and competing bids. This service is undertaken free of charge but without responsibility. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids given to Auction Room Porters or any other member of Auctioneers staff. On the occasion that two equal commission bids are received the first one received shall take priority.Telephone bids can also be executed but a request must be put in writing to the auctioneer and may be subject to a minimum opening bid.
  23. A Buyers Premium of 20% (including VAT) is payable on purchases, please refer to specific sale advert or catalogue for details.

Further notes to buyers

  1. Introduction. The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
  2. Agency. As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
  3. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
  4. Buyer's Premium. The Conditions of Sale oblige buyers to pay a buyer's premium at - 15% on the hammer price of each lot purchased. In addition, VAT payable
  5. VAT. All goods are sold without VAT unless indicated in the catalogue, VAT is payable on the premium however. 
  6. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale.. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
  7. Electrical goods. These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
  8. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
  9. Bidding. Bidders may be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
  10. Absentee (Or Commission). Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or FAX.
  11. Methods of Payment. As a general rule any cheques tendered will need to be cleared before removal of the goods is permitted. Please discuss with our Office in advance of the sale if other methods of payment are envisaged (except cash)12. Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
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