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OUR TERMS AND CONDITIONS OF SALE
Definitions: Cooper Barrington LLP, who act only as auctioneers and agents for the vendor are called "The Auctioneers". The representative of Cooper Barrington LLP conducting the auction is called "The Auctioneer". "Hammer Price" means the level of bidding reached at or in excess of any reserve when the Auctioneer brings down the hammer. The auctioneers reserve the right to refuse admission to any saleroom used by the auctioneers without a given reason. Auction Lots: The auctioneers have absolute discretion to divide any lot, to combine two or more items and to withdraw any lot. The Auctioneer can refuse bids, regulate the bidding or cancel the sale without giving a reason without notice. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by general terms and any special conditions of sale. All catalogue images are the property of Cooper Barrington LLP Any images used without permission will be reported for Intellectual property infringement. Catalogue/Viewing: The Auctioneers act as agents for the vendor, and as such are not responsible for any default by the vendor or the buyer. Whilst the auctioneers make every effort to ensure the accuracy of the Auction catalogue and the descriptions, The auctioneers do not accept responsibility for the authenticity , genuineness, origin, authorship, date, age, period, condition or quality. Each lot is sold with any faults which may have not been seen when producing the catalogue, it is up to the bidder to satisfy himself/herself fully before bidding by inspection in person or by requesting a written condition report prior to the sale. Any provenance if/any would be displayed together with the lots auction description in the printed catalogue and on-line catalogues with extra images displayed on-line catalogues. Health and Safety: Every person attending the auction premises at any time shall be deemed to be there at his or her own risk and shall have no claim against the auctioneers in respect of any accident which may occur, or any injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by any employee of the auctioneers. Vendors of all goods must comply with all Health and Safety Acts, Used Electrical goods purchased in any auction should be inspected thoroughly by a competent electrician before use. Valuations: For referencing and appraisal of lots there is a small fee from £5 per lot but this service is free if the items are subsequently offered for sale in our auctions, any lots withdrawn after they have been catalogued will have a withdrawal fee which is 56%+vat of the lower estimate, this will be payable on the removal of the item(s). Goods accepted for Free collection which are subsequently withdrawn without prior agreement may result in a charge being made for the collection of the remaining goods. Any Lots withdrawn after the publication of the catalogue may result in further charges for photography and entry fee’s. For probate a visit and valuation would be carried out by one of our valuers to a clients property with a charge of £40 per hour + VAT will be payable. Vendors: At all times prior to the fall of the hammer lots and chattels remain the responsibility of the vendor, and thereafter the responsibility of the buyer, and the auctioneers will only be liable for negligence or error in the performance of their obligations. The insurance of lots and chattels is always the responsibility of the owner. The vendor authorises the auctioneers to deduct commission and expenses at the agreed rates from the hammer price, and the purchaser and the vendor acknowledge the auctioneers right to retain the premium payable by the purchaser. Pay-out: We pay-out on sales 21 days after the auction, Due to distance selling regulations this time may be extended by up to 14 days. You are invited to fill out the Auction Entry Form in full and failing to fill in the Bank Details will incur £4.00 for the issue of a Cheque. Buyers/Payment: The bidders of any lot will pay the hammer price plus buyers premium of 28%+Vat on the hammer price on each lot. If using one of our online services a live fee will apply please check before bidding, Buyers should satisfy themselves prior to the auction as to the condition of each lot and any statement by the auctioneers as to the lot is a statement of opinion only and every person should rely on his/her own judgment as to all matters affecting the condition of the lot Each lot is offered for sale subject to any reserve price placed by the vendor, in which case the auctioneer may bid on behalf of the vendor for all goods which are being offered for sale subject to reserve or at the auctioneer's discretion. No purchase shall be claimed or removed until it has been paid for in full. In the event of any failure of the buyer to comply with any of the above conditions, the damages recoverable by the vendor or the auctioneers from the defaulter shall include any loss arising on any resale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 8% upon the price of any lot which has not been paid for within 14 days after the sale, and any money deposited in part payment shall be held by the auctioneers on account of any liability of the defaulter to the auctioneers or the vendor. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with these and any other printed, announced conditions of sale and other conditions of sale as displayed in the sale room and in agreement with such Legal title of each lot will not pass to the buyer until the lot has been paid for in full, the auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined above) has been paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer. The highest bidder shall be the buyer except in the case of any dispute. If during the course of the auction, the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advance of bidding or refuse any bid. Absentee Bidding: The auctioneers will execute bids on behalf of intending buyers unable to attend the sale at no charge. The auctioneers undertake to purchase lots as cheaply as is allowed by other bids and reserves. Bids must be submitted in writing at least 24 hours before the sale commences and should be entered on the Absentee Bidding Form provided. Whilst every care is taken in carrying out instructions, the auctioneers cannot be held responsible for errors or omissions made in carrying out such bids. Online Bidding: Any lots purchased on-line will be subject to an additional live fee + VAT (See the providers terms and conditions for the rates). Payment Types: The auctioneers can accept payment from successful bidders in cash, debit cards or by the bidder's own cheque with an appropriate cheque guarantee card, Cheques drawn by third parties cannot be accepted. Overseas Bidders paying by Bank Transfer should check with their bank for any fee's incurred due to currency conversions, Paypal is excepted by the Friends and Family option if you do not wish to pay friends and family option a surcharge will apply. It is your responsibility to ensure the correct funds are paid goods being posted are otherwise are not released unless the full balance owed is settled. Non-Payment: Any goods (Auction Lots) purchased online, via telephone, in the room or via absentee bid at Cooper Barrington LLP's Auctions and are not paid for in full within 14 days after the said sale all rights to the said auction lots will either be offered to the under-bidder or revert back to the original vendor and will be re-entered into the next available sale, Any losses from Buyer & Vendor Commission suffered by Cooper Barrington LLP will be charged to the purchaser at the rate of commission pertaining to that sale. Also, Cooper Barrington LLP has the right to recover these costs through legal proceedings or debt collection agencies, you will be subsequently be banned from bidding at our auction or online. If any bill is left unpaid after 21 days the matter maybe passed to a third-party debt collection agency to collect the total invoice amount in full, agency fees and Cooper Barrington LLP’s Fees. Shipping: Shipping is done at the buyers expense, any purchases that are subsequently shipped that become lost or damaged by the shipper or courier company after leaving the premises of the auctioneers will be the sole responsibility of the purchaser. The auctioneers will endeavour to recover any losses from the Shipper or Courier Company for the client. Any expenses incurred (i.e. Court costs, solicitor’s fees and the auctioneers time) to recover the said losses will be claimed from any money recovered. If not covered by Insurance or Court award. Refunds: Whilst the auctioneers make every effort to ensure the accuracy of the catalogue and the description of a lot, each lot as set out in the catalogue is sold by the vendor with all faults, imperfections and errors of descriptions, Cooper Barrington does not except any responsibility for the authenticity, genuineness, origin, authorship, date, age, period, condition or quality of any lots unless they have been instructed in writing by the buyer to so certify. , All statements whether printed in the catalogue or made orally are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the auctioneers unless they have been instructed in writing by the buyers to so certify. If found to not be as described and a written condition report was obtained from the auctioneer. Any claim under statute must be received in writing by the auctioneers within 14 days after the sale, the buyer then has 14 days to return the item, where a full refund will be given providing the item is in the same condition (i:e not dismantled, cleaned, altered or repaired / damaged in anyway) the item should be returned exactly as it was when it had left us. Storage: All purchases shall be paid for and removed at the buyer's expense immediately at the end of the sale, failing of which the auctioneers shall not be responsible if the items are lost, stolen, damaged or destroyed, any lots not removed in good time will be subject to a minimum warehousing charge of £2.50 per lot per day, any items left in storage after 6 months will become the property of the auctioneers and will be resold as such. Any item belonging to a vendor that the auctioneers are unable to sell will be removed from sale, the vendor would be notified by written request to remove unsalable goods, the vendor has 7 days to respond by removing goods or give written instruction to dispose of the items after which a warehouse storage charge will apply at the cost of £2.50 + vat per day. Cooper Barrington LLP is not responsible for delivering the items back free of charge, if return delivery is required a variable charge will be made depending on the location and distance. |