Terms and Conditions for Vendors
PLEASE READ THESE AMENDED TERMS AND CONDITIONS
THIS AUCTION IS ONLINE ONLY, NO VIEWING IS AVAILABLE, WE WILL ENDEAVOUR TO REPLY TO ALL MESSAGES AND GIVE CONDITION REPORTS WHEN REQUESTED, AS A TEMPORARY MEASURE WE WILL ALSO ARRANGE FOR POSTAGE OF SMALL ITEMS WITHIN THE UK (CHARGES APPLICABLE) ALL ITEMS THAT WE AGREE TO SEND MUST FIT INTO A JIFFY BAG ONLY, ANYTHING LARGER WE ARE UNABLE TO SEND, ITEMS WILL BE SENT VIA SPECIAL DELIVERY, HOWEVER IF YOU REQUEST THE POSTAGE SERVICE YOU WILL BE ACCEPTING RESPONSIBILITY FOR THE POST AND PACKAGING, THE AUCTION HOUSE WILL NOT BE LIABLE.
Vendors Commission of 10% is payable by the Vendor on the first £1000 of the hammer price plus 10% thereafter. A lotting fee of £5 is payable by the vendor on all lots entered for sale. Lots will be sold at the Auctioneer’s discretion, Vendors wishing to apply a reserve must do so in writing a least two working days prior to the sale, lots without a reserve will be sold to the highest bidder.
Sutton Hill Farm Country Auctions accept liability for loss & damage to any item consigned for sale up to but not exceeding the lower estimate or reserve agreed.
Buyers Premium at a rate of 17.5% plus VAT on the hammer price is payable by the buyers of all lots. This will be collected and retained by the Auctioneers. Where indicated by an asterisk in the catalogue VAT is payable on the hammer price.
VAT is charged on Sutton Hill Farm Country Auctions services not goods, VAT is subject to the current VAT rate.
Sutton Hill Farm Country Auctions can provide transport using our in house service. A quotation can be provided upon request.
Any royalties eligible to be paid to a qualifying artist under the ‘Droit de Suite’ legislation will be added to the buyers invoice, which will be in addition to the buyer’s premium. Please see Buyers Terms and Conditions.
Any notice to a Vendor consignor, prospective bidder or buyer may be given by first class mail, once sent this will be deemed to have been received by the addressee at their address listed on file 48 hours after posting. All transactions to which these Conditions apply and all matters connected with them shall also be governed by English Law.
The auctioneer has the right to refuse admission to the auction premises without giving a reason.
The Auctioneers means Sutton Hill Farm Country Auctions of Sutton Hill Farm, Broughton Astley, Leicester LE9 6QD.
The Vendor means the person or persons named on the schedule hereto. Where the Vendor comprises two or more persons the singular used in these Conditions shall include the plural and any obligations on the part of the Seller should be joint and several.
The Property shall mean the items identified on the schedule hereto.
The Buyer shall mean a person or persons including a firm or company making the highest bid for the Property or any part thereof whose bid shall exceed or be equal to the reserve. If there should be any dispute as to who is the Buyer the Auctioneer’s decision on this point shall be final.
The Auctioneers are instructed by the Vendor to act as the Vendor’s agents to sell the Property by auction or private treaty subject to the Conditions.
The Vendor warrants to Sutton Hill Farm Country Auctions 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 free from all encumbrances
The Vendor will indemnify Sutton Hill Farm Country Auctions its servants and agents and the Buyer against any liability under the Misrepresentation Act 1987 or the Consumer Protection Act 1987 or any statutory re-enactment thereof and any breach of these Terms and Conditions of Sale.
Care is taken to ensure that any statements as to authorship, attribution, origin, date, age, provenance and condition are reliable and accurate, but all such statements are statements of opinion and are not to be taken as statements or representations of fact. Sutton Hill Country Auctions reserve the right, in forming their opinion, to consult and rely upon any expert or authority reasonably considered by them to be reliable
The Vendor authorises the Auctioneers to sell their Property on the basis that they are sold as seen with all faults, imperfections and errors of description.
The Auctioneers as agents for the seller are not authorised to give any warranty in respect of the Property or any part thereof and the Auctioneers should exclude any and every implied condition or warranty relating to the Property otherwise except the warranty as to title implied under Section 12 of the Sale of Goods Act 1979
The Vendor warrants that all information supplied to the Auctioneers is accurate and indemnifies the Auctioneers against any liability however arising in respect of any inaccuracies in the above information and against all costs and expenses incurred by or on the Auctioneers behalf in dealing with any claim arising in that respect.
All Properties are put up for sale without reserve unless written instructions are received at least 2 days prior to the Sale or indeed a reserve is entered in the schedule hereto.
Where a Vendor cancels instructions for sale or where a lot is withdrawn for any reason other than misattribution or authenticity Sutton Hill Farm Country Auctions reserves the right to charge a fee equal to the Vendor’s unsold commission of 5% of the reserve or in the absence of a reserve by reference to an estimated price reasonably fixed by the Auctioneers, plus VAT at the current rate at the date of the Sale from which the goods are withdrawn.
After any auction if Property remains unsold the Auctioneers shall be authorised to sell the Property at the next appropriate Sale unless otherwise instructed by the Vendor that the Property is to be withdrawn
If the Property is unsold against a reserve the Auctioneers shall be authorised to sell the Property at their earliest convenience without any reserve being applied unless a revised reserve is notified to the Auctioneers at least 48 hours prior to the next appropriate Sale.
Should a dispute arise the Auctioneers are authorised by the Vendor to determine the dispute and to put up the Property again at the last undisputed bid.
The Vendor authorises the Auctioneers to bid on his behalf at their discretion up to the amount of the reserve to buy in the Property on the Vendor’s behalf as unsold below the reserve or to withdraw the Property as unsold if the reserve is not reached.
No Vendor may bid nor may any third party bid on a Vendors behalf
The Vendor authorises the Auctioneers to bid on behalf of those persons who have left with them before the Auction written authority to bid on their behalf, neither the Auctioneers nor their servants or agents being responsible for any neglect or default relating to bids left to be made in that way, or for any failure of telecommunications relating to bids made.
The Auctioneers are authorised to take reasonable steps to regulate the bidding and to refuse undesirable bids at their discretion.
The Auctioneers have the Vendor’s authority to divide any lot, to combine any two or more lots or withdraw any lot(s) from the Sale.
The Vendor authorises Sutton Hill Farm Country Auctions to deduct commission at the stated rates, plus VAT at the current rate on the date of the Sale, in addition to expenses from the hammer price and acknowledges Sutton Hill Farm Country Auctions right to retain the Buyer’s Premium payable by the Buyer in accordance with Sutton Hill Farm Country Auctions Conditions of Sale.
Auctioneers may deduct their commission and charges from any sum received by them from the Buyer and authorised by the Vendor to retain possession of the Property until such time as all charges relating to the goods and the Sale price plus Buyers Premium and VAT have been paid provided the Auctioneers have been duly paid by the Buyer subject to the Conditions of Sale.
The Auctioneers shall pay the Vendor the net proceeds of the Sale less any sum due to the Auctioneers from the Vendor less any charges incurred within 28 days of the date of the Sale however if by that date the Auctioneers have not received the total amount due from the Buyer, then the Auctioneers will remit the sum due to the Vendor within 5 working days after the date on which the total amount is received from the Buyer.
The Auctioneers act as the Vendor’s agents and are liable to the Vendor for any default by the Buyer.
If the property or any part thereof sold as a separate lot prove to be a deliberate forgery the Vendor authorises the Auctioneers to repay the Buyer the purchase price including Buyers Premium and VAT already paid by the Buyer and the Vendor shall pay to the Auctioneers a sum equal to the Buyer’s Premium plus VAT at the current rate.
The Vendor undertakes to notify the Auctioneers immediately of any change of address
The Auctioneers reserve the right to store or arrange for the storage of Property delivered to them for sale, either on their own premises or elsewhere, at their sole discretion. If the Property is left in the Auctioneers possession for 14 days after written notification to the Vendor to remove them the Auctioneers will charge storage at £10 per lot per week for furniture and £2 per lot per week for small items plus VAT at the current rate and are authorised by the Vendor to sell the Property at their discretion to defray costs and storage charges.
Unless otherwise instructed Sutton Hill Farm Country Auctions will cover all Property whilst in their possession against the risk of fire, burglary and water damage (but not against accidental breakage or damage) for which the Vendor will be charged 1% of the hammer price plus VAT at the current rate on the day of sale, or if unsold, the reserve price or if no reserve by reference to an estimated price reasonably fixed by the Auctioneers. In respect of any article delivered to Sutton Hill Farm Country Auctions if the Vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the Vendor shall notify his insurers of and shall himself note Sutton Hill Farm Country Auction’s interest as Bailee in such policy or policies.
The Vendor of electrical or mechanical goods warrants and undertakes to Sutton Hill Farm Country Auctions that at the date on which the Property is consigned to Sutton Hill Farm Country Auctions that they are safe if reasonably used for the purpose for which they were designed and free from any defect not evident on external inspection which could prove dangerous to human life or health and will indemnify Sutton Hill Farm Country Auctions, its servants and all agents against any loss or damage suffered by any of them in consequence of any breach or alleged breach of the above warranty and undertaking.
Any Properties which the Auctioneers consider unsaleable or in any way unsuitable may be returned to the Vendor or disposed of at the Auctioneers discretion for which a charge will be incurred and is payable by the Vendor.
The Auctioneers assume the right to take and use photographs at their discretion for which a contribution shall be made by the Vendor to a maximum of £10 per colour photograph.