Monday 8th February 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
PRICES REALISED FROM OUR …
PRICES REALISED FROM OUR Specialist section of Decorative Arts which took place on the on Monday 2nd November, 2009
Abbotts Auction Rooms – specialists in fine art and antiques
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).
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.