- "The Auctioneer" means the firm of Willingham Auctions or any partner or employee thereof at the time of sale.
- "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.
- "Forgery" means a lot
- which is so constituted as deliberately to deceive when considered in the light of its catalogue description", and
- whose value as such is materially less than if it has complied with the catalogue description.
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.
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.
Ascertainment of Buyer
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.
The Auctioneer has sole discretion
- To refuse any bid
- To advance the bidding as he may decide
- To decide whether there has been a dispute as to the bidding and under condition 4 to resell
- to withdraw or divide any lot or combine one lot with another or others and
- To exclude any person from the auction room or to refuse to accept his bid.
Reserves and Sellers Rights
Lots put up for sale are subject
- to any reserve imposed by the seller
- the right of the Auctioneer to bid on behalf of the Seller.
- To register for a buyers number before purchase of any lot.
- Supply, if so required, bank or other suitable references.
- Pay the purchase price on the day of sale in a way acceptable to the auctioneer.
- On proof of payment clear the lots purchased by him not later than 5.00pm on the Monday following the sale.
Liability of Auctioneer and Seller
Subject to Condition 10
- Lots are sold with all faults and imperfections and neither the Seller nor the Auctioneers is responsible for any defects whatsoever.
- 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.
- Any express or implied condition, warranties or representations whether relating to descriptions, quality or fitness for purpose are hereby expressly excluded.
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.
Property in Lots and Risk
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.
Default By Buyer
If the buyer fails to pay for or remove any lot bought by him, the Auctioneer shall have the right
- To resell the lot by public auction or otherwise without the knowledge of the buyer
- 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.