Pre-War Prescott Charity Auction
Terms & Conditions
Commission Rates
All commisions received from this auction will be donated to the RAF Charitable Trust, net of any auction organizing costs.
Automobilia, Aeromobilia and Pre-War Car Spares
Sellers of
all automobilia, aeromobilia and pre-war car spares lots will be charged
a commission of 10% of the hammer price with a minimum charge of £5.
Each unsold
lot will be charged a £5 entry fee.
VAT will be charged on Trade lots only and will be clearly marked in the catalogue as such.
Motor Cars
We also welcome
entries of suitable pre-war motor cars, to which we will charge no commission
to the seller, who will receive the whole 'hammer price'.
Purchasers
will be charged 15% of the hammer price up to £5,000 and 5% thereafter.
There is no fee for entry of Motor Vehicles.
Ouright donations
of quality items to be auctioned are also welcomed. 100% of the winning
bid price for these items will be donated to the RAF Charitable Trust.
Any unsold
donated items will either be returned to the donor or entered in a subsequent
HVA auction.
Conditions of Sale
ALL BIDS SHALL BE TREATED AS OFFERS MADE UPON THE FOLLOWING CONDITIONS OF SALE
1. In these
Conditions, Herefordshire Vintage Auctions who act as auctioneers and agents
are called "HVA"
and the representative
of HVA conducting the auction is called the auctioneer.
2. The highest
bidder shall be the buyer at the hammer price and any dispute shall be
settled at the auctioneer's absolute discretion.
Every bidder
shall be deemed to act as principal unless there is in force a written
acknowledgement by HVA that he acts as agent on behalf of a named principal.
3. The auctioneer
shall have the right to refuse any bid at his absolute discretion and to
advance the bidding as he may think fit, to divide any lot,
to combine
any two or more lots, to withdraw any lot from the auction and in the case
of dispute put up any lot for auction again.
4. Lots on
which Value Added Tax is payable by the buyer on the hammer price are indicated
in the catalogue with a star (*) at the standard rate of 20%
or such other
statutory rate which may be in force at the time of the sale.
5. Immediately a lot is sold the buyer shall pay to HVA the total amount due.
6. The buyer shall pay to HVA the hammer price, commission of 15% on automobilia
and 10% up to £5,000 and 5% thereafter on motor cars
together with
Value Added Tax at the standard rate if required to do so, if shown in
the catalogue.
7. The ownership of the lot purchased shall not pass to the buyer until payment has been made in full to HVA of the total amount due.
8. The buyer shall at his own expense take away the lot purchased on the day of the auction.
9. After a
winning bid is accepted, neither HVA nor its employees or agents shall
thereafter be responsible for any loss or damage of any kind,
hether caused
by negligence or otherwise, whilst any lot is in its custody or under its
control.
10. If any
lot is not paid for in full and taken away in accordance with conditions
6 and 8, or if there is any other breach of either of those conditions,
HVA as agents
of the seller shall at its absolute discretion and without prejudice to
any other rights it may have,
be entitled
to exercise one or more of the following rights and remedies:
a) to proceed against the buyer for damages for breach of contract;
b) to rescind the sale of that or any other lots knocked down to the defaulting
bidder at the same time or any auction;
c) to re-sell the lot or cause it to be re-sold by public auction or private
sale and the defaulting buyer shall pay to HVA
any deficiency
in the total amount due (after deduction of any part payment and addition
of resale costs) and any surplus shall belong to the seller;
d) to remove, store and insure the lot at the expense of the defaulting
buyer and, in the case of storage at either HVA premises or elsewhere;
e) to charge interest at a rate not exceeding 30% per month on the total
amount due to the extent it remains unpaid for more than the agreed period
after the auction;
f) to retain that or any other lot sold to the same buyer at the time or
any other auction and realise it only after payment of the total amount
due;
g) to reject or ignore any bids made by or on behalf of the defaulting
buyer at any future HVA auctions or obtain a deposit before accepting any
bids in future;
h) to apply any proceeds of sale then due or at any time thereafter becoming
due to the defaulting buyer towards the settlement of the total amount
due and to
exercise a lien on any property of the defaulting buyer which is in HVA
possession for any purpose.
11. Goods auctioned are usually of some age. All goods are sold by the Seller thereof with all faults and imperfections and errors of description.
a) Illustrations
in catalogues, website and advertisements are for identification only.
Buyers should satisfy themselves prior to sale as to the condition of each
lot
and should
exercise and rely on their own judgement as to whether each lot accords
to its description. Subject to the obligations accepted by HVA under
this condition,
none of the
Seller, HVA, its employees or agents is responsible for errors of description
or the genuineness or authenticity of any lot,
no warranty
whatever is given by HVA, its employees or agents, or any seller to buyer
in respect of any lot and any express or implied conditions or warranties
are hereby excluded.
b) Any lot which proves to be a deliberate forgery may be returned by the
buyer to HVA in the same condition in which it was at the time of the auction,
accompanied
by a statement as to the reason for its return, the number of the lot and
date it was purchased. If HVA is satisfied that the item is a deliberate
forgery
and that the
buyer has and is able to transfer a good and marketable title from the
lot free from any third party claims, the sale will be set aside
and any amount
paid in respect of the lot will be refunded: provided that the buyer shall
have no rights under this condition if:
i) The description in the catalogue at the date of the sale was in accordance
with the then generally accepted opinion of experts or fairly indicated
that there was a conflict of opinion; or
ii) The only method of establishing at the date of publication of the catalogue
that the lot was a deliberate forgery was by means of scientific process
which were
unreasonably expensive or impractical.
c) A buyer's claim under this condition shall be limited to any amount paid in respect of the lot and shall not extend to any loss or damage suffered or expense incurred by him.
d) The benefit of this condition shall not be assignable and shall rest
and exclusively in the buyer who, for the purpose of this condition,
shall be and
only be the person to whom the original invoice is made out by HVA in respect
of the lot sold.
e) All claims made hereunder must have been received in writing within
one year of the day of the sale failing which HVA are released
and discharged
from any liability whether in whole or in part in respect of such sale
or anything arising therefrom.
12. The seller
gives HVA full and absolute right to photograph and illustrate any lot
placed in its hands for sale and to use such photographs and illustrations
at any time
at its absolute discretion (whether or not in connection with the auction).
13. The seller will pay a minimum of £5 per lot or 15% per lot commission of the hammer price to HVA. A £5 entry fee will be charged for each unsold lot.
14. Any representation
or statement by HVA, in any catalogue, brochure, website or advertisement
as to authorship, attribution, genuineness, origin, age,
date, provenance,
condition or estimated selling price is a statement of opinion only and
is not to be relied upon as any representation or statement of fact.
Every person
interested should exercise and rely on his own judgement as to such matters
and neither HVA nor its employees or agents
or the seller
are responsible for the correctness of such opinions.
15. HVA reserve the right to alter, change, add, remove and update any of the conditions of sale at any time and without warning or prior notice to do so.
16. These conditions
shall be governed by and construed in accordance with English Law.
All transactions
to which these conditions apply and all matters connected therewith shall
also be governed by English Law.
18. a) The Seller shall remove any unsold lots by 5 p.m. on the day of the auction.
b) Failure to remove any unsold lot pursuant to Condition above will entitle
HVA to charge the Seller any removal, storage,
nsurance and
other expenses in accordance with the Published Charges.
c) If within 28 days after the Auction the Seller fails to conclude an
agreement with HVA regarding the disposal of the lot,
HVA shall
have the exclusive right to sell the Lot by private treaty and to deduct
from the sale price any sums owing to HVA or by
Auction without reserve and to deduct from the Hammer Price any sums owing
to HVA.
Thank you for supporting the RAF Charitable Trust!