Terms & Conditions for Sellers

Harper Field Auctioneers and Valuers - Terms of Business for Sellers

Definitions

HF – Harper Field Auctioneers and Valuers Ltd

AMS - means the Auctioneers Margin Scheme for accounting for Value Added Tax as operated by HF and as referred to in VAT notice 718/2 or any subsequent update, replacement or revision of that notice.

Buyer - any person who has bought a lot from the Vendor at auction run by HF.

Buyer’s Conditions - the conditions upon which HF contracts to sell a Lot at auction to a Buyer.

Commission - a sum equivalent to 15% of the Hammer Price plus VAT. 

Dangerous Substances - any natural or artificial substance capable of causing harm to any living organism, or damaging the environment or public health or welfare. 

Environmental Laws - 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. 

Estimate - the written estimate of the likely range of Hammer Price which any Lot may achieve at auction as set out on the face of this agreement.

 

Expenses - any expenses reasonably incurred by HF in exercising its obligations or rights under clauses 21, 23 and 24. 

Hammer Price - the price, in pounds sterling, at which a Lot is sold to a Buyer. 

Limit of Liability - a sum equivalent to the Reserve, or in the absence of any Reserve the median of any Estimate.

Lot - means, as the context so requires, any item or collection of items (including a single item forming part of such a collection) as described on the face of this Agreement;

Lotting Fee - the sum of £4.00 in respect of any Lot sold at auction. 

Owner - the Vendor or such other person possessing legal title to a Lot who has been notified by the Vendor to HF as being the Owner pursuant to clause 4.

Proceeds of Sale - the Hammer Price less any Commission, Lotting Fee, Expenses or other sums to which HF may be entitled pursuant to this agreement. 

Reserve - the minimum Hammer Price at which HF may sell any Lot at auction, as set by the Vendor pursuant to clause 13; 

Vendor - the person named on the face of this Agreement who places a Lot with HF for sale at Auction. Reference to “Vendor” includes a reference to the Owner unless precluded by the context.

Special Goods - means boats, motor vehicles, firearms and mechanical and electrical goods; 

Unsaleable Lot - a lot which is unsold at auction or, in the opinion of HF, has no reasonable prospect of being sold at any future auction.

VAT - Value Added Tax at the prevailing rate.

Vendor Receipt - the Face of this Agreement.

Withdrawal Fee - a sum equivalent to 33% of the top estimate, plus any additional storage and admin fees, payable entirely at the discretion of the auctioneer and subject to a minimum charge of £30

 

1. This agreement sets out the terms and conditions upon which HF agrees to accept and sell Lots at auction on behalf of the Vendor.

 

2. HF acts at all times as agent for the Vendor. Lots will be sold subject to the Buyers’ Conditions which are published on HF’s website and hard copies are available at the Vendor’s request. The Vendor is deemed to have full knowledge thereof.

 

3. The Vendor is deemed to be the Owner unless he notifies HF otherwise in writing.

 

4. If the Vendor is not the Owner then the Vendor; (a) must give to HF such details of the identity of the Owner as HF may require; and (b) warrants to HF that he is acting as agent of the Owner and is properly authorised by the Owner to sell the Lot and to receive and the Proceeds of Sale on the Owner’s behalf.

 

5. The Vendor warrants to HF and to the Buyer that:

 

  5.1 the Vendor is able to transfer good and marketable title to the Lot free from any liens, charges or third-party claims.

 

5.2 any description or information supplied by him to HF in connection with the Lot is accurate to the best of his knowledge, information and belief. 

 

6. The Vendor warrants to HF that he will indemnify and hold harmless HF against any breach of the warranties contained in clause 5. 

 

7. The Vendor must deliver the Lot to premises specified by HF unless otherwise agreed with by HF. In that event, HF, acting as agent for the Vendor, will instruct a contractor to collect the Lot. HF will take reasonable steps to ensure that any contractor instructed pursuant to this clause is insured against risk of breakage or theft of the lot but shall otherwise have no liability whatsoever to the Vendor for damage, destruction or theft of the Lot. The Vendor will, on demand, pay Expenses incurred by HF.

 

8. Any Lot delivered to, or collected by HF pursuant to clause 7, will be deemed to be delivered for sale by auction unless otherwise stated by the Vendor in writing.

 

9. The Vendor is deemed to have full knowledge of the AMS. Any Vendor who sends for sale by auction any Lot which is an asset of his business or otherwise falls outside the AMS must disclose this to HF at the time of entering this agreement and must disclose whether he is registered for Value Added Tax purposes, and, if so, his registered number. The Vendor will indemnify and hold harmless HF in respect of any charge to VAT incurred by HF as a result of any breach of this clause, 9.

 

10. If the Vendor has in force a policy or policies of insurance in respect of any Lot the Vendor shall take all steps as may be necessary to ensure that HF, as bailees of that Lot, have the benefit of that insurance including but not limited to notifying his insurers of HF’s interest as bailees in such policy or policies. 

 

11. HF shall no liability whatsoever for damage or destruction of any Lot unless caused; (a) by the direct negligence of its employees; or (b) otherwise by fire, water damage or theft following forcible entry.

 

12. In any event, the liability of HF in respect of damage or destruction to a Lot, however caused, shall be limited to the Limit of Liability.

 

13. If the Vendor wishes to set a Reserve, he must notify HF of the amount of the Reserve at the time of entering into this agreement. Unless such notification is given all Lots shall be sold without Reserve.

 

14. No Reserves may be set at a level which is less than £50 or higher than the lowest Estimate

 

15. All Reserves are subject to 10% Auctioneer’s discretion unless otherwise agreed at the time of consignment

 

16. Withdrawal of any Lot after cataloguing is entirely at the auctioneer’s discretion. If the Vendor should withdraw a Lot from sale and this request is approved by the auctioneer then a Withdrawal Fee will apply

 

17. The Vendor shall pay to HF:

 

17.1 Commission on any Lot sold at auction. The Vendor acknowledges that HF may also charge commission to any Buyer of any Lot pursuant to the Buyer’s Conditions; and.

 

17.2 The Lotting Fee, if applicable

 

18. Subject always to receipt from the Buyer, HF will pay the Proceeds of Sale to the Vendor within 15 working days of the Auction at which a Lot is sold. For the avoidance of doubt the Vendor will not be entitled to any interest on the Proceeds of Sale.  

 

19. HF shall be entitled to deduct any sums due under this agreement from any other monies owed by HF to the Vendor including but not limited to Commission, Lotting Fee and Expenses.

 

20. HF shall notify the Vendor if, following any auction, any Lot is an Unsaleable Lot.  

 

21. The Vendor must collect a withdrawn Lot or an Unsaleable Lot within 5 working days. If any Lot is not removed in accordance with this clause 21, HF shall, without further notice to the Vendor, at its absolute discretion, be entitled to exercise one or more of the following remedies (without prejudice to any other rights it may have):- 

            21.1     store and insure the Lot at the expense of the Vendor;

            21.2     sell the Lot by auction, private treaty or any other means; 

            21.3     dispose of the Lot by any means it sees fit;

            21.4     charge the Vendor for Expenses; 

            21.5     exercise a lien on any other property of the Vendor in HF’s possession for                   any purpose; 

22. In the event that a Buyer fails to make payment for any Lot, HF will consult with the Vendor in relation to any remedies which the Vendor may have against the Buyer by reason of the Buyer’s Conditions and may, in its absolute discretion, assist the Vendor to recover any sums due by exercising its rights against the Buyer. For the avoidance of doubt nothing in this agreement compels HF to incur any cost or take legal proceedings against the Buyer in its own name.
23. The Vendor of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to HF that on the date on which the same are consigned to or put under HF’s control that;

23.1  they are safe (if used for the purpose for which they were designed) and free from any defect which might cause personal injury or death; and 

23.2  they comply with all applicable legislation including (but not limited to) the Health   and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations.  

23.3  the Vendor has obtained all requisite environmental licences and approvals required by Environmental Law; and 

23.4 he will indemnify and hold harmless HF, its employees or agents against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this clause 23 or any negligence of the Vendor, its employees and agents. 

23.5 he will indemnify and hold harmless HF against any claim for damage to property, personal injury or death injury arising out of any defect or danger inherent in the Lot. 

23.6  the Vendor acknowledges that HF are the Vendor’s agents and for the purposes of all legislation applicable to Special Goods and Dangerous Substances, including, but not limited to, Health and Safety legislation and regulations and Consumer Protection Act 1987, the Vendor acts as consignor and supplier. 

23.7  indemnify HF against any Expenses in checking any Lot to ensure compliance with this clause 23. 

24. In the event that a Buyer exercises or purports to exercise the right to rescind the contract for sale of any Lot (whether pursuant to the terms of the Buyers Conditions or otherwise) HF may take such steps as it considers reasonable, to determine ownership or authenticity of the Lot including but not limited to obtaining expert or legal advice, and if, in HF’s reasonable opinion the Buyer is entitled to rescind, then HF may;

       24.1 refund to the Buyer any amount already paid in respect of the Lot; and 

24.2 recover any monies already paid to the Vendor in respect of that Lot. 

       24.3 recover any Expenses from the Vendor

25. The vendor gives HF full and absolute right to photograph or illustrate any Lot and copyright in such photographs and illustrations shall vest in HF.