Terms and conditions of engagement
Definitions for the purposes of the terms and conditions:
North West Auctions Ltd (Trading as 1818 /Eighteen Eighteen Auctioneers) are the Auctioneers and the Vendor is the person instructing them to sell goods by auction. The Purchaser is the person who has acquired goods at an auction.
- The Auctioneers' conditions of sale are on display in the saleroom and made available on our website, vendors are considered to have had notice of these and to have agreed acceptance of the same when requesting entry of goods for sale in this application.
- The Auctioneers reserve the right to catalogue goods as they see fit, determine in which sale these shall be included (General or Specialist) and refuse or dispose of any lots considered unsaleable or of negligible value and charge the vendor for their disposal.
They shall not be held responsible for any expenses or loss incurred thereby, or for the postponement of cancellation of sales, for whatever cause. The auctioneers also reserve the right to dispose of any goods deemed unfit for sale or unreserved goods havbong been unsold. The auctioneers also reserve the right to recover from the Vendor any reasonable cost in connection with their disposal.
- The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of the Vendors or Purchasers. Furthermore, the auctioneers give notice that they are not liable for faults or imperfections found with any lot or for any errors of description made by the Vendor them,selves or persons in their employment (but draw special attention to the Misrepresentation Act which reduces the protection normally given by the customary "Caveat Emptor" clause in Conditions of Sale which in some circumstances made a Vendor liable to a Purchaser in respect of disputed catalogue descriptions even when made innocently and in good faith.
- The Vendor shall indemnify the Auctioneers against any claims in connection with goods sold in the Vendor's instructions.
- 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 the part of one of their employees.
- 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 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. Unreserved goods withdrawn prior to or awaiting sale shall be valued by the auctioneers at their absolute discretion as their estimate of auction value.
- Standard commission is be charged at 20% of the sale value with an additional lotting fee of £5 on each sold lot (subject to VAT at the current rate), special rates may be offered on large consignments subject to prior negotiation with the management
- Notwithstanding any other terms and conditions of engagement, if within 7 days of the sale of any lot the Purchaser giveswritten notice to the Auctioneers that in his 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 sale and by producing evidence (the burden of proof being on the Purchaser) 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 Vendor will also be bound by this condition.
NB 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 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 catalogue description, at the time of sale, was in accordance with the then general opinion of experts or fairly indicated 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.
- Goods withdrawn prior to sale but after cataloguing or valuation, "bought-in" lots and unsold, reserved goods will attract a charge at the agreed commission rate. Calculated as a percentage of the value, based upon reserve prices or estimate provided by the Auctioneers (plus expenses where applicable), this shall be binding upon the Vendor.
- A vendor may place a reserve on any lot (minimum £20) but unless instructed to the contrary all lots will be sold without reserve or at the Auctioneers' discretion. Lots failing to reach reserve prices may be sold after the sale at or above the reserve or if uncollected may be entered into future auctions with no reservesr.
- All owners of goods remaining at the Saleroom, after notice has been given for removal of sale will be charged a storage fee at the rate of £1.50 + VAT per lot per day. Failure to collect lots after due notice has been given may result in goods being sold, without reserve, to cover expenses.
- Click for Purchasers Conditions.