Terms & Conditions for Buyers
Harper Field Auctioneers & Valuers - Auction Terms of Business for Buyers
Definitions.
HF – Harper Field Auctioneers and Valuers Ltd
Auctioneer - the representative of HF conducting the auction.
Bidder - any person offering to buy a Lot at auction or by private treaty, whether in person, by telephone, on commission bid or otherwise.
Buyer - the bidder or any person who has been disclosed as a principal by that bidder in accordance with clause 7, who’s bid has been accepted by the Auctioneer as indicated by the fall of his hammer or who has otherwise agreed to buy any Lot by private treaty.
Buyer’s Premium – this will be charged at 20% of the hammer price on each lot purchased, the amount charged is subject to VAT
Catalogue - any brochure, advertisement, price list or other publication relating to the auction published on behalf of HF.
Commission Bid - a request to HF to execute a bid on behalf of a prospective Bidder.
Dangerous Substances - means any natural or artificial substance capable of causing harm to any living organism or damaging the environment or public health or welfare.
Droit de Suite Royalty - means such Royalty payments as HF are required by Law to collect on any Lot pursuant to Directive 2001/84/EC-19.07.2001
.
Environmental Law - means all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances.
Expenses - means any expenses reasonably incurred by HF in exercising its rights under clause 22.
Hammer Price - means the price, in pounds sterling, at which a Lot is knocked down by the Auctioneer to the Buyer.
Lot - means any item or collection of items of any kind offered for sale at Auction by HF;
the Purchase Price - means the Hammer Price together with:
- a commission of 20% of the Hammer Price
- In respect of any lot purchased through the services of ATG Media (the-saleroom.com), an additional charge of 4.95% of the hammer price (the ATG charge).
- Droite de Suite Royalty
- VAT on the hammer price, Commission, ATG charge and the Droite de Suite Royalty, where applicable;
Reserve - means the minimum Hammer Price at which a Lot may be sold as set by the Vendor;
Special Goods - means boats, motor vehicles, firearms and mechanical and electrical goods;
Storage Charges - means charges imposed by HF in respect of the removal, storage and transportation of any Lot;
VAT - means Value Added Tax at the prevailing rate. Lots marked * will be subject to VAT on the hammer price at the standard rate. Lots which are not marked have no VAT payable on the hammer price
Vendor - means the seller or prospective seller of any Lot;
Vendor’s Conditions - means the terms of business under which HF agrees with a Vendor to sell a Lot at auction. Copies of the Vendor’s conditions are available on request and the Buyer is deemed to purchase with full knowledge thereof
- These conditions and any contract to which they apply shall apply shall be governed by English Law.
- In the event of a sale of any Lot by private treaty the Buyer agrees to be bound by clauses 16 to 30 of these Conditions unless otherwise expressly varied.
- HF has the right, in its absolute discretion, to refuse admission to its premises, attendance at or participation in its auctions (whether in person or remotely by telephone, email, electronic or other means) by any person or to require any person to provide a deposit before bidding.
- HF acts as agents for the Vendor (except where it is expressly stated to be selling as principal) and is not responsible for any default by the Vendor.
- The Buyer acknowledges that HF may receive commission from the Seller in addition to any commission paid by the Buyer.
- A prospective Bidder must if practicable prior to an auction register to bid and provide his full name and permanent address and if requested by HF banking or other suitable references and proof of identity.
- Every Bidder at an auction run by HF shall be deemed to be acting as principal on his own behalf unless, prior to the start of the auction, HF has been given written notice that he is acting as agent for another, named principal and provided such details and proof of identity of that principal as set out at clause 6, above.
- Inspection of goods by the Buyer - HF make all reasonable efforts to ensure that any description of the Lot whether made verbally, in the Catalogue, any condition report or otherwise is accurate but Buyers have ample opportunity to inspect the goods, so are deemed to have satisfied themselves before bidding by inspection or otherwise as to (but not limited to) the physical condition (including defects) of the Lot and the accuracy of any description in the Catalogue and neither HF or the Vendor make any warranty whatsoever and shall not be responsible for errors in description, faults, defects or for the genuineness or authenticity of any Lot and any implied conditions and warranties are hereby excluded to the fullest extent permitted by Law.
- Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue by an asterisk.
10 The designation “D” against any item in the catalogue indicates that Droite de Suite Royalty may apply however, it is the responsibility of the Buyer to ascertain whether and to what extent Droite de Suite Royalty applies to any Lot.
- HF may, in its absolute discretion, execute Commission Bids. A request to execute a Commission Bid must be delivered by post, e-mail, facsimile transmission, telephone or in person to the appropriate employee of HF, being the Auctioneer or an employee authorized to accept such instructions and must contain all relevant instructions including a maximum limit. Commission Bids are accepted strictly on the basis that neither HF nor its employees or agents will be liable for any neglect, default or failure to act in connection with any Commission Bids.
12. In the event that HF has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 13 and to HF’s ultimate discretion it shall be sold to the person whose commission bid was received first. - The Auctioneer shall conduct the Auction as, in his absolute discretion, he sees fit and, without limitation, may:
13.1 divide any Lot or combine two or more Lots or withdraw any Lot from auction;
13.2 decline to accept a bid from any Bidder;
13.3 advance the bidding in any manner he sees fit;
13.4 decline to sell any lot to any Bidder if that lots has not reached its Reserve.
- The Auctioneer will signify the acceptance of a bid on behalf of a Vendor by the fall of his hammer at which time a contract of sale for the Lot in question is concluded.
- Following the fall of the hammer the Bidder shall forthwith show his bidding registration card or give his full name and permanent address (and if called upon to do so by the Auctioneer shall forthwith pay to HF such proportion of the Purchase Price as the Auctioneer may require). Failure by the Bidder to do so may (at the Auctioneer’s sole discretion) lead to the Lot being put up again and re-sold.
- Following the fall of the hammer, or conclusion of sale by private treaty, the Lot will be at the sole risk of the Buyer who shall be responsible for any loss or damage to the Lot from that time.
- Notwithstanding clause 16, legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid in accordance with Clause 18.
- The Buyer shall pay to HF the Purchase Price for all Lots purchased by the Buyer no later than end of business on the Thursday immediately after the auction
18.1 Payment must be made, subject to clause 18.3 in pounds sterling by means of cash, bank transfer, debit or credit card.
18.2. payment by debit or credit card over the phone is not accepted
18.3 payment in cash is limited to the sterling equivalent of EURO 10,000 as calculated on the day of the Auction.
- Any payments made by a Buyer to HF may be applied towards or set off against any sums owing from that Buyer to HF on any account whatever.
- Subject to clause 21, below, after payment of the Purchase Price the Buyer shall collect or remove at his expense any Lot purchased by him by the Thursday after the auction. HF are not obliged in any way to offer assistance with this, it remains the responsibility of the Buyer.
- At its absolute discretion HF may, if requested,
21.1 Arrange for any Lot to be posted by Royal Mail to a Buyer, this is subject to the size and weight of the won Lot(s), HF reserve the right to decline any request for postage. All lots will be posted to the registered address of the Buyer shown on the HF invoice, delivery to alternative addresses cannot be guaranteed.
21.2 Arrange for any Lot to be personally delivered by a delivery agent at the expense of the Buyer
21.3 Whilst HF will take all reasonable care in packing or posting any Lot, we are not professional shipping agents and as such accept no liability whatsoever for Lots which are damaged in transit or are not delivered.
- If a Lot is not paid for in full in accordance with clause 18, or is not removed in accordance with clauses 20 or 21, above, HF, as agents for the Vendor, shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies (without prejudice to any other rights it or the Vendor may have):-
22.1 charge interest on the Purchase Price at a rate not exceeding 4% per month;
22.2 store and insure the Lot at the expense of the Buyer, charges are currently £5 per lot per day
22.3 charge the Buyer for Expenses including moving the lot(s) into a storage area
22.4 re-sell the Lot by auction, private treaty or any other means and hold the Buyer liable for any shortfall
22.5 retain any Lot sold to the Buyer at the same time or at any other auction until payment of the Purchase Price by the Buyer;
22.6 exercise a lien on any other property of the Buyer in HF’s possession for any purpose;
23. The Buyer of a Lot being a motor vehicle is responsible for complying with the provisions of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuring that any necessary test certificate is in force.
24. The Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with a Lot. HF will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.
25. The Purchaser of any Lot containing Dangerous Substances agrees to comply with all applicable Environmental Laws and the terms and conditions of all applicable environmental licences and approvals.
- The Purchaser of any Lot containing firearms is fully responsible for ensuring before use that it has been checked for safety and to ensure that they comply with the Law at all times with regard to the legality of ownership etc
- All electrical goods are sold as collectibles only, the Buyer must have them checked for safety by a qualified electrician before use
- Subject to clause 29 below, notwithstanding any other terms of these Conditions, if within seven days after the sale HF has received from the Buyer of any Lot notice in writing that in his view the catalogue description is not accurate and within seven days after such notification the Buyer returns the same to HF complete and in the same condition as at the time of sale then the sale will be rescinded, and the Purchase Price paid in respect of the Lot will be refunded to the Vendor.
- Provided that the Buyer shall have no right under clause 26. if;
29.1 the buyer is not able to prove, to HF’s reasonable satisfaction, that the Lot is a deliberate forgery or the catalogue description is not accurate;
29.2 at the date of publication of the Catalogue the only method of establishing that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical, or;
29.3 the Buyer is not able to transfer a good and marketable title to the Lot free from any third-party claims;
- Any claim by a Buyer under clause 26 shall be limited to the refund of the Purchase Price and shall not extend to any consequential loss suffered by him
30. The benefit of Condition 28 shall not be assignable and shall only extend to a Buyer who has, since the sale, retained uninterrupted, unencumbered ownership of that Lot. - The Buyer gives HF the absolute right to use its photographs and illustrations of Lots at any time at HF’s absolute discretion (whether or not in connection with the auction). Copyright ins such photographs shall vest in HF.
- The Buyer of any lot containing restricted goods is fully responsible for ensuring that in owning the item(s) they comply with the Law at all times, ie that they comply with any legal, age or similar restrictions
