Terms & Conditions
Viewback Auctions carries on business with bidders, buyers
and all those present in the auction room prior to or in connection with a sale
on the following General Conditions and on such other terms, conditions and
notices as may be referred to herein.
Definitions
In these Conditions:"auctioneer" means the firm of
Viewback Auctions or its authorised auctioneer, as appropriate;
"deliberate forgery" means an imitation made with
the intention of deceiving as to authorship, origin, date, age, period, culture
or source but which is unequivocally described in the catalogue as being the
work of a particular creator and which at the date of sale had a value
materially less than it would have had if it had been in accordance with the
description;
"hammer price" means the level of bidding reached
(at or above any reserve) when the auctioneer brings down the hammer;
"terms of consignment" means the stipulated terms
and rates of commission on which Viewback Auctions accepts instructions from
sellers or their agents;
"total amount due" means the hammer price in
respect of the lot sold together with any premium and any additional charges
payable by a defaulting buyer under these Conditions;
"sale proceeds" means the net amount due to the
seller, being the hammer price of the lot sold less commission at the stated
rate. Value Added Tax chargeable and any other amounts due to us by the seller
in whatever capacity and however arising;
"You", "Your", etc refer to the buyer as
identified in Condition 2.
The singular includes the plural and vice versa as
appropriate.
Bidding procedures and the buyer
Bidders are required to register their particulars before
bidding and to satisfy any security arrangements before entering the auction
room to view or bid.
The maker of the highest bid accepted by the auctioneer
conducting the sale shall be the buyer at the hammer price and any dispute
about a bid shall be settled at the auctioneer's absolute discretion by
reoffering the Lot during the course of the auction or otherwise.
Bidders shall be deemed to act as principals.
Once made no bid may be withdrawn.
(2) Our right to bid on behalf of the seller is expressly
reserved up to the amount of any reserve and the right to refuse any bid is
also reserved.
Increments
Bidding increments shall be at the auctioneers sole
discretion.
The purchase price
The buyer shall pay the hammer price together with a premium
thereon of 12.5%
5 All Viewers and Bidders are required to Register their
Name & Address on entry having read our terms & conditions of sale.This
processindicates that the potential customer is in agreement with the terms
& conditions under which the sale is conducted.
Payment
(1) Immediately a Lot is sold you will:
give to us, if requested, proof of identity, and
pay to us the total amount due in cash or in such other way
as is agreed by us.
(2) Any payments by you to us may be applied by us towards
any sums owing from you to us on any account whatever without regard to any
directions of you or your agent, whether express or implied.
Title and collection of purchases
(1) The ownership of any Lots purchased shall not pass to
you until you have made payment in full to us of the total amount due.
(2) You shall at your own risk and expense take away any
lots that you have purchased and paid for not later than 2 (or as specified by
the auctioneer on sale day) working days following the day of the auction after
which you shall be responsible for any removal, storage and insurance charges.
(3) No purchase can be claimed or removed until it has been
paid for and the reciept produced to the designated member of staff on duty.
Remedies for non-payment or failure to collect purchases
If any Lot is not paid for in full and taken away in
accordance with these Conditions or if there is any other breach of these
Conditions, we as agent for the seller shall at our absolute discretion and
without prejudice to any other rights we may have, be entitled to exercise all
or any of the following rights and remedies:
to proceed against you for damages for breach of contract;
to rescind the sale of that Lot and/or any other Lots sold
by us to you;
to resell the Lot (by auction or private treaty) in which
case you shall be responsible for any resulting deficiency in the total amount
due (after crediting any part payment and additing any resale costs). Any
surplus so arising shall belong to the seller;
to remove, store and insure the Lot at your expense and, in
the case of storage, either at our premises or elsewhere;
to charge interest at a rate not exceeding 1.5% per month on
the total amount due to the extent it remains unpaid for more than 3 working
days after the sale;
to retain that or any other Lot sold to you until you pay
the total amount due;
to reject or ignore bids from you or your agent at future
auctions or to impose conditions before any such bids shall be accepted;
to apply any proceeds of sale of other Lots due or in future
becoming due to you towards the settlement of the total amount due and to
exercise a lien on any of your property in our possession for any purpose.
Third party liability
All members of the public on our premises are there at their
own risk and must note the layout of the accommodation and security
arrangements. Accordingly neither the auctioneer nor our employees or agents
shall incur liability for death or personal injury (except as required by law
by reason of our negligence) or similarly for the safety of the property of
persons visiting prior to or at a sale.
Commission bids
Whilst prospective buyers are strongly advised to attend the
auction and are always responsible for any decision to bid for a particular Lot
and shall be assumed to have carefully inspected and satisfied themselves as to
its condition we will if so instructed clearly and in writing execute bids on
their behalf. Neither the auctioneer nor our employees or agents shall be
responsible for any neglect or default in doing so or failing to do so. Where
two or more commission bids at the same level are recorded we reserve the right
in our absolute discretion to prefer the first bid so made.
Warranty of title and availability
The seller warrants to the auctioneer and you that the
seller is the true owner of the property consigned or is properly
authorised by the true owner to consign it for sale and is
able to transfer good and maritetable title to the property free from any third
party claims.
Agency
The auctioneer normally acts as agent only and disclaims any
responsibility for default by sellers or buyers.
Terms of sale
The seller acknowledges that Lots are sold subject to the
stipulations of these Conditions in their entirety and on the Terms of
Consignment as notified to the consignor at the time of the entry of the Lot.
Descriptions
(1) Subject to the next following Condition concerning
deliberate forgeries, any representation or statement by us in any catalogue as
to authorship, genuineness, origin, date, age, provenance, condition or
estimated selling price is a statement of opinion only. Prospective buyers are
given ample opportunities to view and inspect before any sale and prospective
buyers must satisfy themselves as to all such matters. Neither the auctioneer
nor its employees or agents nor the seller accept liability for the correctness
of such opinions and all conditions and warranties, express, implied or
statutory are hereby excluded.
(2) Private treaty sales made under these Conditions are
deemed to be sales by auction for purposes of consumer legislation.
Forgeries
Notwithstanding the preceding Condition, any Lot which
proves to be a deliberate forgery (as defined) may be returned to us by you
within 10 days of the auction provided it is in the same condition as when
bought, and is accompanied by particulars identifying it from the relevant
catalogue description and a written statement of defects. If we are satisfied
from the evidence presented that the Lot is a deliberate forgery we shall
refund the money paid by you for the Lot including any buyer's premium (but not
the amount of any consequential loss, damages, expenses or interest) provided
that (1) if the catalogue description reflected the accepted view of scholars
and experts as at the date of sale or (2) you personally are not able to
transfer a good and marketable title to us, you shall have no rights under this
condition.
General
We shall have the right at our discretion, to refuse
admission to our premises or attendance at our auctions by any person.
Any indemnity or exclusion under these Conditions shall extend
to all actions, costs, expenses, claims and demands whatsoever suffered or
incurred by the person entitled to the benefit of it and the auctioneer
declares itself to be a trustee of the benefit of every such clause so far as
it is expressed to be for the benefit of its employees and agents.
Any notice to any buyer, seller, bidder or viewer may be
given by first class mail or Swiftmail in which case it shall be deemed to have
been received by the addressee 48 hours after posting.
Special terms may be used in catalogue descriptions of
particular classes of items in which case the descriptions must be interpreted
in accordance with any glossary appearing at the commencement of the catalogue.
Any indulgence extended to bidders, buyers or sellers by us
notwithstanding the strict terms of these Conditions or of the Terms of
Consignment shall affect the position at the relevant time only and in respect
of that particular concession only; in all other respects these Conditions
shall be construed as having full force and effect.
Collection and delivery charges may apply at the auctioneer’s or collection/delivery agents` determination. Please ensure that this information is fully understood by all parties before collection/delivery.
Storage charges may also apply in the event of non-collection of items, unsold or not paid for at point of sale.
In the event of Viewback Auctions having to enter into written correspondence on matters arising, a charge of £30 per communication may be charged.
Interest and legal fees may be charged on outstanding accounts.
GOODS WILL BE RETAINED UNTIL CHEQUES "CLEAR"
IN THE EVENT OF DISPUTES ARISING BETWEEN VENDORS AND THE
AUCTIONEER CONCERNING "RESERVES"
GOODS IN STORAGE, OR INVOLVING ALLEGED NON PAYMENT. THE
COSTS INVOLVED IN TRACING ITEMS OR LEGAL CHARGES ARE SOLEY BORNE BY THE VENDOR.
THE AUCTIONEER ACCEPTS NO LIABILITY
English law applies to the interpretation of these
Conditions.