THE DOUGLAS AUCTION HOUSE LIMITED
TERMS & CONDITIONS OF SALE
1. THE AUCTIONEERS
In these conditions The Douglas Auction House Limited act only as Auctioneers and Agents and the Representative of The Douglas Auction House Limited conducting the Auction is called “The Auctioneer”.
2. GENERAL
While The Douglas Auction House Limited make every effort to ensure the accuracy of their catalogues and the description of any lot:-
a. Each lot is sold by the seller thereof with all faults and defects therein and with all errors of description and is to be taken and paid for whether genuine and authentic or not and no compensation shall be paid for the same.
b. The Douglas Auction House Limited act as agents only and neither they nor the seller are responsible for any faults or defects in any Lot or the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness, provenance or condition of any Lot.
c. All statements in the Catalogues, Advertisements or Brochures of forthcoming sales, as to any of the matters specified in (b) above are statements of opinion, and are not to be relied upon as statements or representations of fact, and intending purchasers must satisfy themselves by inspection or otherwise as to all of the matters specified in (b) above as to the physical description of any Lot, and as to whether or not any Lot has been repaired.
d. The Seller or The Douglas Auction House Limited do not make or give, nor has any person in the employ of Isle of Man Auctions any authority to make or give, any representation of warranty.
e. In any event neither the Seller nor The Douglas Auction House Limited are responsible for any representation of warranty, or for any statement in the Catalogues, Advertisements or Brochures of forthcoming sales.
f. All Conditions, notices, descriptions, statements and other matters in the Catalogues and elsewhere concerning any Lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the Lot.
3. THE AUCTION
a. The Douglas Auction House Limited shall have the absolute right, at their sole discretion, to refuse admission to its premises or attendance at its Auctions by any person.
b. The Auctioneer has absolute discretion to divide any Lot, to combine any two or more Lots or to withdraw any Lot or Lots from the sale, to refuse bids, regulate bidding or to cancel the sale without in any case giving any reason or without previous notice. The Douglas Auction House Limited may bid on behalf of the Vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
c. The highest bidder shall be the buyer at the “hammer price”. Any dispute shall be settled at the Auctioneer’s absolute discretion. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by The Douglas Auction House Limited that he acts as agent on behalf of a named principal.
d. The Auctioneer shall regulate the bidding and shall have the right to refuse any bid which does not exceed the previous bid by at least 5 per cent or by such proportion as the Auctioneer shall in his absolute discretion direct.
RESCISSION
Notwithstanding any other terms of these Conditions if, within fourteen days after the sale, The Douglas Auction House Limited has received from the buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to The Douglas Auction House Limited in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies The Douglas Auction House Limited that considered in the light of the entry in the Catalogue the Lot is a deliberate forgery then the sale of the Lot will be rescinded and the purchase price of the same refunded. The Vendor agrees to be bound by The Douglas Auction House Limited’s decision.
The Douglas Auction House Limited disclaim responsibility for default by either the buyer or the Vendor because they act as Auctioneers only and therefore do not pay out to the Vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
4. THIRD PARTY LIABILITY
Every person on The Douglas Auction House Limited’s premises at any time shall be deemed to be there at his own risk. He shall have no claim against The Douglas Auction House Limited in respect to any accident which may occur or injury, damage or loss howsoever caused, save, as in so far as the injury, damage or loss shall be caused by-the negligence of The Douglas Auction House Limited employees.
5. VENDORS CONDITIONS
As The Douglas Auction House Limited are Auctioneers, all goods delivered to The Douglas Auction House Limited will be deemed to be delivered for sale by Auction unless otherwise stated in writing and will be sold at The Douglas Auction House Limited discretion, at any of their salerooms and accepted by The Douglas Auction House Limited subject to these Conditions. By delivering the goods to The Douglas Auction House Limited for inclusion in their auction sales each Vendor acknowledges that he or she has accepted and agreed to be bound by these Conditions.
6. COLLECTIONS
Goods collected by the Auctioneers are at the sole risk of the Vendor while in transit to the saleroom. The Douglas Auction House Limited will, if required, instruct a removal firm to collect goods on the Vendors behalf. The Douglas Auction House Limited disclaim all responsibility for loss or damage to goods by the contractor, and all claims of whatsoever nature including the unauthorised removal of goods and for damage to premises caused by the contractor
LOSS OR DAMAGE
The Douglas Auction House Limited disclaim all responsibility for loss or damage to goods or for unauthorized removal of goods unless caused by the negligence of their employees.
7. STORAGE
The Douglas Auction House Limited reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their Sale Rooms without sufficient sale instructions.
8. UNSOLD GOODS
Vendors will be charged for goods left on the premises. If the Vendor has been requested to remove them and if the goods are not removed within twenty-one days of such request The Douglas Auction House Limited reserve the right to sell the goods to defray costs and storage charges at 12% (Twelve per cent) per week per Lot on the Vendors reserve price or on the Auctioneers estimated value.
9. INSURANCE
a. Unless otherwise instructed in writing all goods on The Douglas Auction House Limited’s premises and in their custody will be held insured against fire, burglary and water damage (but not against accidental breakage or damage) for which The Douglas Auction House Limited will charge a premium of £1.50 per £100 (minimum £1.50), The value of the goods so covered shall be the gross amount realised, or if damaged prior to the sale the reserve price or the Auctioneer’s estimated value.
b. The Douglas Auction House Limited shall not be responsible for damage to or the loss, theft or destruction of any goods other than as stated in 9a not so insured upon the owner’s written instructions.
c. In respect of any article delivered to The Douglas Auction House Limited, if the Vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the Vendor shall notify his insurers who must note The Douglas Auction House Limited’s interest as Bailees in such policy or policies.
10. RESERVES
a. All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve are received by The Douglas Auction House Limited prior to the commencement of the sale. Reserves given by the telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
b. The Seller shall not bid for his/her property, nor employ any person to bid for him/her and The Douglas Auction House Limited alone shall have the right to bid on behalf of the Seller up to the amount of the reserve.
c. In the event of any reserve price not being reached at Auction The Douglas Auction House Limited are empowered to sell after the Auction, by Private Treaty at not less than the reserve price, as long as the goods remain on The Douglas Auction House’s premises.
11. INDEMNITY
The Vendor shall duly indemnify The Douglas Auction House Limited against any claim in connection with any goods sold by The Douglas Auction House Limited on the Vendor’s behalf.
12. VALUE ADDED TAX
A Vendor who sends for sale by Auction any chattel(s) which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods. Value Added Tax is charged at present 20%. Sellers will pay V.A.T on Commission, Handling Fee (Lotting Fee) and any Cartage that may occur. Buyers will pay V.A.T on the Commission paid on any purchased item/s.
13. COMMISSION AND CHARGES
Normal selling commission is 15% of the hammer price no VAT. Administration fee per lot @ £3.00. Buyer’s premium is 15% of the hammer price no VAT. (For insurance charges see Paragraph 9.)
14. INSPECTION
Ample opportunity is given for inspection to each purchaser and by making a bid for a Lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the Lot including but not restricted to whether the Lot is damaged or has been repaired.
15. RIGHTS TO PHOTOGRAPHS AND ILLUSTRATIONS
The Seller gives The Douglas Auction House Limited full and absolute right to photograph and illustrate any Lot placed in their hands far sale and to use such photographs and illustrations and any photographs and illustrations provided by the Seller at any time at their absolute discretion (whether or not in connection with the Auction).
16. AGENCY AND GENERAL
a. The Auctioneers act as agents only and they disclaim responsibility for default by either Buyer or Seller.
b. Whilst the interests of prospective buyers are best served by attendance at the Auction, The Douglas Auction House Limited will, if so instructed, execute bids on their behalf, as cheaply as other bids and reserve allow.
c. The Douglas Auction House Limited accepts no responsibility in connection with the commissioning of members of their staff to bid for Lots on behalf of intending purchasers. Instructions to bid given by telephone are accepted at the sender’s risk and should be confirmed in writing.
d. It is the responsibility of all persons leaving bids to ascertain immediately after the conclusion of the sale whether they have been successful.
17. PAYMENT AND REMOVAL OF GOODS
a. No purchase shall be claimed or removed until the sale has been concluded. All Lots shall be paid for and removed at the buyer’s risk and expense by 5pm of the first working day after the sale. All lots are at the purchaser’s risk at the fall of the hammer and the Auctioneers shall not be responsible if the same are lost, stolen. damaged or destroyed, and all Lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of £1 (one pound) per day per item. If they are not paid for and removed within seven days of the sale the Auctioneer may resell them by Auction or privately without notice to the buyer.
b. If the buyer fails to comply with any of the above conditions the damage recoverable from the defaulter shall include all loss arising from any resale of the lot together with the charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the Auctioneer against the defaulter’s liability and may be appropriated in settlement or part settlement of the liability.
c. Goods in transit delivered by the Auctioneers following the sale are also at the sole risk of the buyer from the fall of the hammer until delivered.
18. PROPERTY AND RISK
a. Goods are at the Vendor’s risk until the fall of the hammer unless arrangements have been made as per Paragraph 9a.
b. The property in a Lot shall not pass to the buyer until he has paid the purchase price in full but each Lot is at the risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to The Douglas Auction House Limited such proportion of the purchase price as the Auctioneer may require. If the purchaser fails to do so the Lot may at the Auctioneer’s sole discretion be put up again and resold.
c. All electrical and mechanical goods are sold as “in working order” unless otherwise stated and where possible must be tested on the premises before removal. If the purchaser finds any item not working satisfactorily, monies will be refunded if returned by Monday 5pm.
d. A purchaser of either a washing machine, dishwasher, electric cooker, refrigerator or deep freeze should inform the Auctioneer within 3 days from date of sale if the item is not working. (If sale is on Saturday, then by noon on Tuesday.)
e. The Auctioneers do not give any guarantee for items sold & purchasers should satisfy themselves as to their condition before purchase.
- MOTOR VEHICLES
All Motor Vehicles and Agricultural Tractors which by law require to be licensed are sold as seen and without any warranty whatsoever. Purchasers should satisfy themselves completely as to the condition and road worthiness or otherwise of the vehicle which on the fall of the hammer becomes their sole responsibility.