Conditions of Sale
Third Party Liability
Every person on Church Street Auction Ltd premises at any time shall be deemed to be there at their own risk. They shall have no claim against Church Street Auction Ltd in respect of any accident that may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence Church Street Auction Ltd employees.
General Conditions of Sale
In these Conditions Church Street Auction Ltd, who act only as Auctioneers and Agents for the Vendor, are called ‘the auctioneers’ and the representative of Church Street Auction Ltd conducting the auction is called ‘the auctioneer’. The ‘hammer price’ means the price at which a lot is knocked down by the auctioneer to the buyer. The ‘total amount due’ means the ‘hammer price’ in respect of the lot sold together with any premium, Value Added Tax chargeable and additional charges and expenses due from a defaulting buyer under Condition 12.
Agency. The auctioneer sells as an agent for the seller and as such is not responsible for any default by seller or buyer. The auctioneers do not guarantee the title of any lot or lots sold by them and will not be responsible for any defects in such title. They accept no responsibility in connection with the commissioning of members of their staff to bid for lots on behalf of intending purchasers.
Description. Every lot is sold with all faults and errors of description and the auctioneers disclaim, for themselves and for the seller, all responsibility for authenticity, attribution, age, origin, provenance, date, condition, quality or estimated selling price. All statements on such matters, whether printed in the catalogue or made orally, are statements of opinion and not representations of fact. Buyers are deemed to have satisfied themselves on authenticity, condition, etc. before bidding and no-one in the auctioneer’s employment has authority to make any representation of fact. All statements in the catalogue as to any such matters are statements of opinion and are not to be taken as, or as implying, statements or representations of fact.
Bidding. The auctioneer has absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lot, to refuse bids, to regulate the bidding or cancel the sale without in any case giving any reason. He may bid on the sellers behalf for all goods which are being offered subject to reserve or at the auctioneers discretion. Where there is no reserve either the seller or his agent (who may be the auctioneer) has the right to bid on the sellers goods. All intending purchasers must register their name and address with the auction staff and obtain a bidding number.
Fall of the Hammer. The highest bidder shall be the buyer. The auctioneer may, at his sole discretion, determine the advance of the bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen he has absolute discretion to settle the dispute or re-offer the lot. The auctioneers may only re-offer if a bidder contests a matter immediately and before the offering of the next lot.
Auctioneer’s Statement. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum before accepting any bid for the lot.
Estimates. Presale estimates are intended only as a guide for intending purchasers and are given in good faith.
Conditions Mainly Concerning Buyers
Premium. The buyer shall pay to Church Street Auction Ltd the hammer price together with a premium of 17% of the hammer price, agrees that the auctioneers, when acting as agents for the seller may also receive commission from the seller in accordance with Condition 23 and acknowledges the auctioneer’s right to retain the premium payable by the purchaser.
4. Value Added Tax
Lots marked with ‘*’ belong to a registered person and VAT will be charged at the standard rate on the hammer price.
At the fall of the hammer the buyer shall give the auctioneer, if required, such proportion of the purchase price as the auctioneer may require in default of which the auctioneer may re-offer and re-sell the lot or lots in question. The total amount due must be paid by the time stipulated on the second page of the catalogue, unless prior arrangements have been made with the auctioneers. In default the lot or lots so purchased to be immediately put up again and re-sold. The balance of the purchase money shall be paid immediately after the sale. Church Street Auction Ltd takes both credit and debit cards, usual charges apply.
Each lot, at the fall of the hammer, will be at the risk of the purchaser and will be taken away at the purchasers risk and expense on the day of the sale unless prior arrangements have been made with the auctioneers. Any lot not taken away by 5pm on the Monday following the sale will incur a charge of £5.00 per lot per day. In the event of any liability upon the auctioneers in respect of any loss, this shall be restricted to a maximum of the price paid by the buyer.
Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the sale conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
The title of the goods shall not pass to the buyer until the purchase price has been paid in full and including the premium at the stated rate.
8. Removal of Purchases
No purchase shall be claimed or removed until the buyers account has been paid in full. All lots shall be paid for and removed at the buyers risk and expense by the time stipulated on the second page of the catalogue. Failing this the auctioneers shall not be responsible if same are lost, stolen, damaged or destroyed and all lots not so removed shall remain at the risk of the buyer. The buyer shall be responsible for any removal, storage and insurance charges on any lot not taken away by the time stipulated at a rate of £5.00 per lot per day. All damage done to the premises or to any lots by the removal of any of the goods shall be paid for by the purchaser of the goods. No lots can on any account be transferred to another purchaser.
9. Packaging and Handling
The packaging and handling of purchased lots by the auctioneers’ staff are undertaken solely as a courtesy to clients. In no event will the auctioneers be held responsible for damage incurred by their packing or handling of sold lots.
Any lots not collected and paid for within the time stipulated may be removed for storage, the charge to be payable by the buyer. If they are not paid for and collected within three working days of the sale, the auctioneer may re-sell them by auction or privately without notice to the buyer. The deficiency, if any, attending such re-sale together with warehouse and other charges shall be made good by the defaulter at this sale together with interest at 2% above Barclays Bank plc base rate upon the price of any lot which has not been paid for within 48 hours of the sale. Any money deposited in part payment shall be held by the auctioneers on account of any liability of the defaulter to them or to the seller.
AMENDMENTS. All items purchased in auction must be removed from auction rooms by 5:00pm on the Wednesday following the auction. Failure to do so will incur a charge of £5.00 per day
11. Commission Bids
Commissions given other than in person (i.e. telephone) are accepted at the senders risk and must be confirmed either in writing or by telephone. The minimum telephone commission bid is £50.00, except for Toy Auctions when it will be £20.00. Church Street Auction Ltd holds no responsibility for wrong bids put on the book either on the side of the buyer or the seller.
Every bidder shall be deemed to act as principal unless the auctioneers acknowledge in writing that he acts as agent on behalf of a named principal.
All lots are sold as shown, with all faults, imperfections and errors of description. However, if within seven days of the sale of any lot, the buyer gives notice in writing to the auctioneers that the lot sold is a “forgery” and if within fourteen days of giving such notice the buyer returns the lot in the same condition as it was at the time of the sale to the premises of the auctioneers and there is shown to the satisfaction of the auctioneers, that having regard to the catalogue description the lot sold is a “forgery”, the auctioneers are authorised to and will rescind the sale and refund the purchase price received by them. This right is limited to the buyer and may not be assigned.
Conditions Mainly Concerning Sellers
14. Ownership of Property
The seller warrants to the auctioneers and to the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer goods and marketable title to the property free from any third party claims.
15. Ownership of Property continued
The seller will indemnify the auctioneers, their servants and agents and the buyer against any loss or damage suffered by either in the consequence of any breach of 14.
As church Street Auction Ltd are auctioneers, all goods delivered to their premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at Church Street Auction Ltd’s discretion and accepted by them subject to all the sale conditions. By delivering the goods to Church Street Auction Ltd for inclusion in their auction sale, each seller acknowledges that he or she has accepted and agreed to be bound by all these conditions.
Church Street Auction Ltd will, if requested in writing, instruct a contractor on the seller’s behalf in their capacity as agents. The auctioneers disclaim all responsibility for loss or damage to the goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. The remover’s charge will be deducted from the proceeds of sale.
18. Loss or Damage
The auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
The auctioneers reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their salerooms without sufficient sale instructions and reserves the right to make a storage charge for such goods. There is a charge for goods stored.
20. Right to Sell
Sellers will be charged for goods left on the premises if the seller has been requested to remove them and if the goods are not removed within seven days of such request. The request is that all goods not sold after being entered in two auctions are to be removed by the seller at their risk and expense. The auctioneers reserve the right to sell the goods to defray costs and storage charges and all items not collected within the time specified will be disposed of at the discretion of Church Street Auction Ltd either to a charity organisation or to the tip. Any cost incurred in disposal of unsold items will be payable by the seller.
AMENDMENTS. All items will be entered in to two auctions, if unsold the must be collected within five days (unless an agreement has been reached with the auction house). If not collected they will incur a charge of £5.00 per day per item. After 30 days from end of second auction the items will be disposed of and any charges incurred will be passed on to the vendor. After 30 days from end of second auction the vendor will have no claim on the auction house for the items disposed of.
The seller shall be entitled to place prior to the auction a reserve on any lot, being a minimum hammer price at which that lot may be treated as sold. The reserve once placed by the seller shall not be changed without consent of the auctioneers. The auctioneers may at their option sell at a hammer price below the reserve but in any such case the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve. In the event of any reserve price not being reached at auction, the auctioneers are empowered to sell after the auction, by private treaty, as long as the goods remain on their premises. The auctioneer has the right to use a 10% discretion on the reserve price.
22. Commission and Expenses
The seller authorises the auctioneers to deduct commission at the stated rate and expenses where applicable from the hammer price and acknowledges the auctioneers right to retain the premium payable by the buyer in accordance with Condition 3.
The commission is set as follows for antiques and collectables:
Vendors’ commission is 17%. Lotting/catalogue fee is £3 per lot including insurance. Unsold items may be charged at £1.00 per item for insurance purposes. Unless specific instruction is received items will be grouped into lots by the auction staff as they deem appropriate.
The auctioneers will insure property (other than motor vehicles) consigned to it for sale. Such insurance will be at the expense of the seller and will be against the risk fire, theft following forcible entry and water damage (but not against accidental breakage or damage). The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the best bid, or in the case of goods withdrawn prior to the sale that which specialised staff of Church Street Auction Ltd shall in their absolute discretion estimate to be the auction value of such goods. Church Street Auction Ltd shall not be responsible for damage to, or the loss, theft or destruction of any goods not so insured upon the owners’ written instructions. Church Street Auction Ltd shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by the negligence of their employees.
If before the auctioneers remit the sale proceeds to the seller, the buyer makes a claim to rescind the sale under Condition 15 if appropriate and the auctioneers are of the opinion that the claim is justified, they are authorised to rescind the sale and refund to the buyer any amount paid to the auctioneers in respect of the lot.
25. Payment of Sale Earnings
Payment will normally be sent to the vendor approximately 28 days after the sale by cheque, subject to the appropriate deductions regarding commission, insurance, expenses and carriage, where necessary. The auctioneers shall not be liable for payment to the vendor until they themselves have received full payment from the buyer.
The seller shall duly indemnify Church Street Auction Ltd against any claims in connection with any goods sold by Church Street Auction Ltd on the seller’s behalf.
27. Withdrawn Lots
Any lots withdrawn by the vendor prior to the auction could be subject to charges at the auctioneer’s discretion.
28. Entries and Quality
The auctioneer reserves the right to refuse or regulate entries. On no account will Church Street Auction Ltd accept poor quality or un-saleable lots.
29. Upholstered Furniture
Modern upholstered furniture and beds can only be sold if bearing manufacturer’s labels complying with current regulations.
30. Electrical Items
All electrical goods are sold as seen. If unsure check your legal rights, no electrical goods can be purchased on commission, telephone and internet bids.
We recommend all electrical goods are checked and installed by a qualified electrician. Plugs should be fitted by a qualified electrician.
Please note: In the case of an emergency please make your way out of the building as safely as possible and do not block the fire exits. There is a green fire door clearly marked only to be used in the case of an emergency, push the bar to open and leave immediately. No smoking is permitted on any part of the premises.
1-2 Church Street, Tewkesbury, Gloucestershire, GL20 5PA