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Buyer's Terms and Conditions
1.1 Piano Auctions Limited who act only as
auctioneers and agents is called 'the Company' .
1.2 The representative of the Company conducting
the auction is called 'the auctioneer' .
2.1 The auctioneer shall be solely responsible
for the regulation and control of the bidding and
in particular has absolute discretion to divide any
lot, to combine any two or more lots, to withdraw
any lots from sale, to refuse bids or cancel the sale
without giving any reason or previous notice. The
auctioneers may bid on behalf of the vendor for all
lots subject to reserve; otherwise the vendor may
bid personally. All formal or informal information
concerning any lot is subject to modification by announcement
from the rostrum by the auctioneer prior to any bid
being accepted for the lot.
2.2 The highest bidder for a lot shall be the
buyer. All lots are offered for sale without reserve
unless instructions to the contrary are received by
the auctioneers from the vendor prior to the commencement
of the sale. The reserve shall be the minimum hammer
price at which the lot may be sold.
2.3 While the Company will strive to ensure
the accuracy of the description of any lot in a catalogue
or of the written or oral opinion in a condition report
the company does not accept responsibility or imply
any warranty for the authenticity, attribution, genuineness,
origin, authorship, date, age, period, condition or
quality of any lot.
3.1 All bidders who are each deemed to act
as principal acknowledge that before bidding they
have satisfied themselves about the physical state
and condition of the lot and in particular whether
the lot is damaged or has been repaired or restored
and that they are conversant with the buyers terms
and conditions of sale.
3.2 The lot is at the sole risk of the buyer
from the fall of the hammer but the legal title will
not pass to the buyer until the lot has been paid
for in full by cash or direct debit card or credit
card, cheque or cleared funds. Thereafter, the lot
may be collected and removed at the buyer's risk and
expense.
3.3 The buyer shall pay to the Company the
hammer price of the lot plus a premium of 17.5% of the
hammer price plus VAT on the premium and the hammer
price if applicable.
3.4 The buyer shall pay by cash or by cheque
in favour of the Company drawn on the buyer's account
at a UK clearing bank or by building society or by
direct debit card or by Mastercard or Visa credit
card (plus a surcharge of 3% plus VAT) or by American
Express credit card (plus a surcharge of 5% plus VAT)
or by the direct transfer of cleared funds to the
Company's bank account, the buyer to bear the cost
of transfer. Cheques drawn by third parties, whether
or not in favour of the Company, cannot be accepted.
4.1 If the buyer fails to pay in full for the
lot by the close of the next business day after the
sale the Company, in its absolute discretion, shall
be entitled to
(i) charge interest on the total amount due
to the company from the date of the sale until the
total amount is paid at the rate of ten percentage
points above the Royal Bank of Scotland plc base rate
in force during that period.
(ii) re-offer the lot, without notice to the
buyer and to recover from the buyer any shortfall
in the previous hammer price together with interest,
charges and expenses
(iii) exercise a lien over the lot and any
other goods, then or later in the custody of the Company,
until the lot has been paid for in full by the buyer
(iv) recover from the buyer relevant transport
costs and a warehouse charge of £2 per lot per day
plus VAT.
4.2 Lots not collected by the buyer or not
paid for in full shall continue to be at the risk
of the buyer and the Company will not be responsible
if they are lost, stolen, damaged or destroyed.
4.3 The buyer acknowledges the Company's absolute
right to use as it sees fit, any photographs and illustrations
of lots consigned to the Company.
5.1 If within three months after the sale the
buyer of any lot serves formal notice alleging that
the lot is a deliberate forgery and returns the lot
to the Company in the same condition at the time of
the sale and produces evidence acceptable to the Company
that the lot is a deliberate forgery then the sale
of the lot will be rescinded. The Company will reimburse
the buyer for the amount paid for the lot within seven
days of the vendor refunding to the Company the net
proceeds of the sale.
5.2 Any dispute between vendor and buyer relating
to goods consigned to the Company for sale, including
rescission, which cannot be settled by agreement shall
be settled by an arbitrator appointed by the President
of the Royal Institution of Chartered Surveyors. The
vendor and buyer shall be bound by the decision of
the arbitrator including the incidence of costs.
5.3 Every person on premises used by the Company
for the conduct of its business shall be deemed to
be there at their own risk and shall have no claim
against the Company in respect of accident, injury,
damage or loss however caused.
5.4 All sales conducted by the Company are
subject to English law and any litigation will be
subject to the non-exclusive jurisdiction of the English
courts.
Vendor's Terms and Conditions
1.1 Piano Auctions Limited who act only as
auctioneers and agents is called ‘the Company’
1.2 The representative of the Company conducting
the auction is called ‘the auctioneer’.
2.1 The auctioneers shall be solely responsible
for the regulation and control of the bidding and
in particular has absolute discretion to divide any
lot, to combine any two or more lots, to withdraw
any lots from sale, to refuse bids or cancel the sale
without giving any reason or previous notice. The
auctioneer may bid on behalf of the vendor for all
lots subject to reserve; otherwise the vendor may
bid personally. All formal or informal information
concerning any lots is subject to modification by
announcement from the rostrum by the auctioneer prior
to any bid being accepted for the lot.
2.2 The highest bidder for a lot shall be the
buyer. All lots are offered for sale without reserve
unless instructions to the contrary are received by
the auctioneer from the vendor prior to the commencement
of the sale. The reserve shall be the minimum hammer
price at which the lot may be sold except that a lot
may be sold, during or after the sale, below the reserve
price provided the vendor receives a sum equal to
the net proceeds of a supposed sale of the lot at
the reserve price.
2.3 While the Company will strive to ensure
the accuracy of the description of any lot in a catalogue
or of the written or oral opinion in a condition report
the Company does not accept responsibility or imply
any warranty for the authenticity, attribution, genuineness,
origin, authorship, date, age, period, condition or
quality of any lot.
2.4 The copyright of the text, photographs
and illustrations contained in catalogues and other
publicity material shall vest in the Company. Where
the vendor provides the text, photographs and illustrations
for publication the vendor warrants that use is authorised
by the copyright owner and indemnifies the Company
against claims and costs arising from wrongful use.
3.1 All goods held in the Company’s custody
will be insured against risk of fire, burglary, water
damage and accidental damage except for damage to
glass or for damage caused by woodworm or changes
in atmospheric conditions. For this facility the Company
shall charge the vendor 1.5% plus VAT of the hammer
price of a lot or the value a lot might have achieved
as assessed by the auctioneer. The value of the goods
concerned shall be the net proceeds of the sale or
the assessed value net of charges.
3.2 Withdrawn and unsold lots will be insured
for up to 7 days after formal notification by the
Company to the vendor that the lots are available
for removal from the Company’s custody. Thereafter,
the vendor is responsible for insurance and the Company
reserves the right without reference to the vendor
to sell such lots to defray all costs.
3.3 The Company in its sole discretion may
charge the vendor £2 plus VAT per lot per day, plus
any related transport costs, for goods held in custody
until they are sold or removed by the vendor.
3.4 The vendor authorises the Company to transfer
any or all of the goods listed herein to another auction
house or sale venue in the UK or elsewhere for sale
or exhibition and the vendor undertakes to pay the
attendant costs.
4.1 The vendor acknowledges that the Company’s
charges (for commission and insurance calculated as
a percentage of the hammer price) plus VAT as set
out herein shall be deducted by the Company from the
hammer price of a lot before accounting to the vendor
for the net proceeds of sale. The vendor acknowledges
that the charge for a lot withdrawn from the sale
is 15% of the reserve plus VAT or of the estimated
auction value assessed by the auctioneer.
4.2 The buyer shall pay to the Company a premium
of 17.5% of the hammer price plus VAT and the vendor
acknowledges the Company’s right to retain this premium.
4.3 The Company shall account to the vendor
for the net proceeds of sale by means of a crossed
account payee cheque drawn in favour of the vendor.
Payment will be made about 21 days after the sale
provided settlement has been received in full from
the buyer. The vendor authorises the Company at the
cost of the vendor to take whatever reasonable action
it deems necessary to obtain settlement from the buyer
or to cancel the sale and refund any monies paid on
account to the buyer. The Company disclaims responsibility
for default by either the vendor or buyer because
it acts as auctioneer only and does not account to
the vendor before payment is received from the buyer.
5.1 If within three months after the sale the
buyer of any lots serves formal notice alleging that
the lot is a deliberate forgery and returns the lot
to the Company in the same condition at the time of
sale and produces evidence acceptable to the Company
that the lot is a deliberate forgery then the sale
of the lot will be rescinded. The Company will reimburse
the buyer for the amount paid for the the lot within
seven days of the vendor refunding to the Company
the net proceeds of the sale.
5.2 Any dispute between vendor and buyer relating
to goods consigned to the Company for sale, including
rescission, which cannot be settled by agreement shall
be settled by an arbitrator appointed by the President
of the Royal Institution of Chartered Surveyors. The
vendor and buyer shall be bound by the decision of
the arbitrator including the incidence of costs.
5.3 The vendor indemnifies the Company, the
auctioneer, its employees and agents against claims
arising from the sale and storage of the vendor’s
goods to include claims in respect of any of the vendor’s
warranties herein. The Company shall hold these indemnities
for the benefit and on trust for its employees and
agents.
5.4 Every person on premises used by the Company
for the conduct of its business shall be deemed to
be there at their own risk and shall have no claim
against the Company in respect of accident or loss
however caused.
5.5 All sales conducted by the Company are
subject to English law and litigation will be subject
to the non-exclusive jurisdiction of the English courts.
Piano Auctions Ltd
Registered in England 4717307
Registered Office: 1 Beauchamp Court, Victors Way, Barnet, Herts EN5 5TZ
VAT No 810213003
www.pianoauctions.co.uk
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