| 1. |
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Definitions |
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a) |
"The Auctioneer" means the firm of Willingham Auctions
or any partner or employee thereof at the time of sale. |
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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 named principles. |
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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 description. |
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| 2. |
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Explanatory Introduction |
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The Auctioneer acts only as agent for the Seller. The
Auctioneer is not necessarily in a position to know the history or
assess the quality of lots sold. 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 judgment as to whether lots are fit for any particular
purpose" and as to compliance with the catalogue descriptions or illustrations.
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| 3. |
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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. |
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| 4. |
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Ascertainment of Buyer |
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The buyer shall be the person making the highest bid
that 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. |
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| 5. |
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Auctioneers Discretion |
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The Auctioneer has sole discretion |
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a) |
To refuse any bid |
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b) |
To advance the bidding as he may decide |
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c) |
To decide whether there has been a dispute as to the
bidding and under condition 4 to resell |
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d) |
to withdraw or divide any lot or combine one lot with
another or others and |
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e) |
To exclude any person from the auction room or to refuse
to accept his bid. |
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| 6. |
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Reserves and Sellers Rights |
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Lots put up for sale are subject |
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a) |
to any reserve imposed by the seller |
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b) |
the right of the Auctioneer to bid on behalf of the
Seller. |
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| 7. |
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Buyer's Duties |
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a) |
To register for a buyers number before purchase of any
lot. |
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b) |
Supply, if so required, bank or other suitable references. |
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c) |
Pay the purchase price on the day of sale in a way
acceptable to the auctioneer. |
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d) |
On proof of payment clear the lots purchased by him
not later than 5.00pm on the Monday following the sale. |
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| 8. |
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Liability of Auctioneer and Seller |
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Subject to Condition 10 |
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a) |
Lots are sold with all faults and imperfections and
neither the Seller nor the Auctioneers is responsible for any defects
whatsoever. |
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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. |
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c) |
Any express or implied condition, warranties or representations
whether relating to descriptions, quality or fitness for purpose are
hereby expressly excluded. |
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| 9. |
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Catalogue Discriptions |
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Whilst every care is taken to ensure that the descriptions
in the catalogue are accurate, the buyer must satisfy himself of what
he is buying before bidding. |
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Property in Lots and Risk |
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The buyer shall not become the owner of any lot, and
the Auctioneer shall have a lien thereon" until the buyer has paid
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. |
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| 10. |
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Default By Buyer |
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If the buyer fails to pay for or remove any lot bought
by him, the Auctioneer shall have the right |
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a) |
To resell the lot by public auction or otherwise without
the knowledge of the buyer |
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b) |
To store the lot at the Auctioneer's premises 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 at 5% over
base rate. |