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CONDITIONS OF SALE
1. Definitions
In these conditions the following meanings:
a. “The Auctioneer” means the firm of Curr & Dewar or
proprietor or employee thereof at the time of sale.
b. “The Buyer” shall have the meaning applied to it in Condition
4 and for the purpose of these Conditions all Buyers shall be deemed to
be principles unless to the knowledge of the Auctioneer they are acting
as agent on behalf of a named principle.
c. “Forgery” means a lot (i) which is so constituted as deliberately
to deceive when considered in the light of its catalogue description, and
(ii) whose value as such is materially less than if it has complied with
the catalogue descriptions.
2. Explanatory Introduction
The Auctioneer acts only as agent for the seller (unless otherwise
specifically declared). The Auctioneer is not necessarily in a position
to know the history of or assess the quality of lots sold on behalf of
these principles. In addition, lots sold are likely to have been subject
to wear and tear caused by use or the effects of age and may therefore
have faults and imperfections. Buyers are given ample opportunity and viewing
times to examine lots to be sold and will be assumed to have done so. They
must rely solely on their own skill and judgement as to whether lots are
fit for any particular purpose, and as to compliance with the catalogue
description of illustrations.
3. Bids
All bids shall be treated as offers made upon these Conditions of Sale
and all persons present are admitted to attend the sale on the basis that
they have notice of these Conditions.
4. Ascertainment of Buyer
The buyer shall be the person making the highest bid which is acceptable
to the Auctioneer as signified by the fall of the hammer. In the case of
a dispute as to the highest bidding during or immediately after the sale
of the lot, the Auctioneer may if he thinks fit put up the lot again for
sale.
5. Auctioneers Discretion
The Auctioneer has sole discretion:
a. to refuse any bid
b. to advance the bidding as he may decide
c. to decide whether there has been a dispute as to the
bidding and under condition 4 to resell
d. to withdraw or divide any lot or combine one lot with
another or others, and
e. to exclude any person from the auction room or to refuse
to accept his bid
6. Reserves and Seller’s Right to Bid
Lots put up for sale are subject:
a. to any reserve price imposed by the Seller
b. the right of the Auctioneer to bid on behalf of the
Seller
7. Buyers Duties
a. to register at reception before purchase of any lot
b. supply, if so required, bank or other suitable references
c. pay the full purchase price on the day of the sale
in a way acceptable to the Auctioneer, and
d. on proof of payment clear the lots purchased by him
no later than the end of normal working hours during the day of sale, or
within such extension of time as may specifically be agreed.
8. Liability of Auctioneer and Seller
Subject to Condition 10:
a. lots are sold with all faults and imperfections and
neither the Seller nor the Auctioneer are responsible for any defects whatsoever
b. no warranty or representation is given or authorised
to be given by the Seller or the Auctioneer with regard to any lot other
than the Seller had the right to sell the lot in question
c. any express or implied conditions, warranties or representations
whether relating to description, quality or fitness for purpose are hereby
expressly excluded
d. the Auctioneers cannot make any guarantees as to the
condition of electrical items and buyers are strongly advised to have them
examined by a qualified electrical contractor before use, no refund is
available if the item is faulty
9. Catalogue Description
The Auctioneer undertakes that care has been taken to see that catalogue
descriptions are reasonably accurate and reliable but these are necessarily
matters of opinion only and shall not be taken to be statements of facts.
Subject to Condition 10, neither the seller nor the Auctioneer is responsible
for the correctness of any description of any lot or its attribution in
any manner to any particular originator.
10. Forgeries
Notwithstanding Conditions 8 and 9, if the Auctioneer receives notice
from the Buyer within 14 days of the sale that in his opinion a lot is
a forgery (as defined in Condition 1) and on giving such notification a
lot is returned to the Auctioneer at his working premises in the same condition
as when bought, then if on considering such evidence as the Buyer supplies
to prove his assertion, the Auctioneer decides that the lot is a forgery
the sale of the lot will be rescinded and the purchase price repaid to
the Buyer.
11. Property in Lots at Risk
The Buyer Shall not become the owner of any lot, and the Auctioneer
shall have a lien thereon, until the Buyer has discharged the purchase
price in full, but after the fall of the hammer the risk of damage or loss
to the lot in question shall nevertheless pass to and remain with the buyer.
12. Default by Buyer
If the Buyer fails to pay for or remove any lot bought by him or in
any other material respect fails to comply with these Conditions, the Auctioneer
shall have the right:
a. to resell the lot by public auction or otherwise without
notice to the Buyer, and if any deficiency arises on such resale after
deducting the Auctioneer’s full cost and expenses, the Buyer shall be responsible
to the Seller and Auctioneer but any net surplus to be the Seller’s or,
alternatively,
b. to store the lot at the Auctioneer’s premises or elsewhere
and to release the lot to the Buyer only after payment (in addition to
the purchase price) in full of all reasonable storage and removal expenses
incurred, together with interest on the outstanding amount.
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