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| 15/03/2010
Monday 15th March 2010 ...
Victoriana, Cottage Antiques, General Furnishings, Household Items, Rural Bygones, Garden Machinary, Tools and Outside effects - commencing at 11 o'clock
Also Poultry, Game and Rabbits commencing at 10 o'clock and garden produce auction
Viewing: Saturday morning 9-11am, and morning of sale from 8.30am
|  | | | 2/11/2009
PRICES REALISED FROM OUR ...
PRICES REALISED FROM OUR Specialist section of Decorative Arts which took place on the on Monday 2nd November, 2009
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Conditions of Sale
Abbotts act only as Agents for the Vendor.
All
lots offered whether printed in a catalogue or not are sold
by the Vendor with all faults, imperfections, damage or error
of description and are taken ``as found''.
The Auctioneers do not accept responsibility for the authenticity,
attribution, genuineness, origin, author-ship, date, age, period,
condition of quality of any lot unless they have the written
authority of the Vendor certifying such and in all cases the
Auctioneers do so as Agents for the Vendor and are not themselves
responsible for such claims.
All statements in the catalogue or made verbally as to any statements
as set out are statements of opinion only and are not to be
taken as being or implying any warranties or representations
of fact by the Auctioneers.
Any claim made to the Auctioneers as Agents must be received
in writing by the Auctioneer within 10 days of sale.
The Auction. The Auctioneers reserve the right to divide or
consolidate any lot, to combine lots, withdraw lots or to refuse
a bid, regulate the bidding or cancel the sale without giving
reason or previous notice. He may bid on behalf of the Vendor
on any goods subject to reserve or at the Auctioneers discretion.
The highest bidder shall be the buyer except in the case of
a dispute which must be raised immediately and before the offering
of the next lot. If the Auctioneer considers a dispute has arisen
he has absolute discretion to settle the matter as he sees fit
or to re-offer the lot.
The Vendor may place a reserve on any or all of his lots and
are then subject to such reserves. Where the Vendor then bids
himself this automatically removes the reserve unless he has
notified the Auctioneers of his intentions. Where there is no
reserve price the seller may bid himself either in person or
through the Auctioneer.
The Auctioneer reserves the right from the Rostrum to modify
any matter in the catalogue or previously given oral statements
before a lot is sold.
Rescission in the Event of Forgery. Not withstanding any other
terms of these conditions if within 7 days after the sale the
Auctioneers have received from the buyer of a lot notice in
writing that in his view the lot is a deliberate forgery and
within 21 days of the sale, the buyer returns the lot to the
Auctioneers and in the same condition as at the time of sale
together with written evidence from an expert the burden of
proof being upon the buyer that the lot is a deliberate forgery
considering the manner of the catalogue description, then the
sale of the lot will be rescinded and the purchase price of
the same refunded by the Vendor. In the event of a dispute then
the matter shall be settled by arbitration, the arbitrator to
be nominated by the President of the Royal Institution of Chartered
Surveyors. Both the Vendor and Purchaser shall be bound by this
decision.
Default. The Auctioneers disclaim any responsibility for default
by either the Vendor or buyer and will only pay out to the Vendor
when payment has been received in full from the buyer. Any instructions
given to the Auctioneers over the telephone by Vendor or Buyer
are accepted at the Vendors or Buyers risk and must in any event
be confirmed in writing.
Every bidder shall be deemed to be acting as principal unless
there is in force a written acknowledgement by the Auctioneer'
that he acts as agents on behalf of the named principal. Except
in the latter circumstance he will be entirely responsible for
abiding with all the Conditions of Sale and purchase.
Removal of Goods. No purchase shall be claimed or removed unless
it has been paid for and the Auctioneer has given authority
for it to be collected. All lots must be paid for on the day
of sale and before close of business. All purchases shall be
paid for and removed entirely at the buyers risk irrespective
if handled by anyone in the Auctioneers employ and if left after
the sale day the Auctioneer shall not be responsible if the
same, is lost or damaged or destroyed and may be subject to
a storage charge. If they are not paid for and removed within
7 days of sale the Auctioneer may re-sell them without notice
to the original purchaser.
Liability. 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.
Failure of the buyer to comply with any of the conditions of
sale then the damages recoverable by the Vendor or the Auctioneers
from the defaulter shall include any loss advising on any re-sale
of a lot together with the charges and expenses in respect of
the first and subsequent sales, any storage charges and interest
at 3% above Lloyds Bank PLC base rate.
Payment. The Auctioneers accept payment by cash, debit or credit
cards, or by cheque supported by a valid guarantee card. All
purchases must be paid in full on the day of the sale before
any lot is removed from the premises. No goods will be released
to buyers unknown to the auctioneer without adequate references
or before their cheques have cleared, at the sole discretion
of the auctioneers.
Purchase Price. The purchaser shall pay the hammer price together
with premium of 12% of the hammer price (adjusted for VAT at
the current rate).
BUYERS CONDITIONS
Inspection of Goods. Every buyer by making a bid acknowledge
that they have satisfied themselves before bidding by inspection
or otherwise that they are fully conversant with the Conditions
of Sale and the physical condition of the lot including whether
it has been repaired, altered, damaged or changed in any way.
Registration. All prospective buyers must register their name,
address and telephone number at the auction office and collect
a bidding number before the sale commences. Proof of identification
must be produced.
Property and Risk
All Lots are sold to intending purchasers on the following terms,
and no person in the employment of or acting otherwise as agent
of the Auctioneers or purporting so to do, has authority to
sell on any other condition or to vary these terms in any way
whatsoever. Previous dealings between the Auctioneers and any
bidder shall not vary or replace these terms or be deemed in
any circumstances whatsoever so to do. The making of any bid
to the Auctioneers shall be conclusive evidence before any court
or arbitrator that these terms apply.
(a) The intending purchaser acknowledges that immediately before
making any bid to the Auctioneers he has expressly represented
and warranted that he is not insolvent and has not committed
any act of bankruptcy, or if acting for a company, knows of
no circumstances which would entitle any debenture holder or
secured creditor to appoint a receiver, to petition for winding-up
of the company or exercise any other rights over or against
the company's assets.
(b) Lots the subject of any successful bid shall remain the
property of the Vendor until such time as the bidder shall have
paid to the Auctioneers by cash or cleared cheque the full price
and completion of the sale shall be conditional upon such payment
but shall be at the risk of the bidder immediately upon the
fall of the hammer. The bidder acknowledges that he is in possession
of the Lot solely as bailee for the Vendor until such time as
the full price thereof is paid to the Auctioneers.
(c) The intending purchaser's right to possession of the goods
shall cease if he, not being a company, commits an available
act of bankruptcy or he if, being a company, does anything or
fails to do anything which would entitle a receiver to take
possession of any assets or which would entitle any persons
to present a petition for winding-up, or in any case if the
Auctioneers have good and sufficient reason to believe the intending
purchaser is or will be unable to pay the price or is in breach
of the warranty in sub-clause (a) of this clause, or if the
intending purchaser shall cease or threaten to cease to carry
on business.
(d) The Auctioneers, may for the purpose of recovery of any
goods, enter upon any premises where they are stood or kept
or where they are reasonably thought to be stored or kept and
may repossess the same.
Third Party Liability. Every person on the auctioneers' premises
before, during or after a sale, shall be deemed to be there
at their own risk and shall have no claim against the auctioneer
in respect of any injury they may sustain or any accident which
may occur.
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