Conditions of Acceptance and Sale

Version 2005-1

1. Any customer who wishes to bid must register and accept the terms and conditions set forth in the Conditions of Sale without modification.

2. The highest bidder acceptable to the auctioneer to be the purchaser

3. The Auctioneers reserve the right to withdraw any lot from auction or to divide up any lot or to combine any two or more lots

4. The Vendor and auctioneers as agents to the Vendor, reserves the right to bid and withdraw any lot prior to or during the auction

5. Each lot is sold by the Vendor with all faults and defects and errors of description and without any warranty whatever, the purchasers to have satisfied themselves as to the condition, quantity and description of lots before bidding. Should any third party claim possession of or title to all or part of a lot prior to its removal from the Vendor's premises, the Auctioneer reserves the right to rescind the sale thereof or to permit the removal thereof from the Vendor's premises subject to such conditions as they may see fit to impose

6. The Auctioneers act as agents only, and they are not responsible for any faults or defects in any lot or for the correctness of any statement (including any quantity or measurement) made in the catalogue or otherwise, as to any lot, or for any default by the Vendor or purchaser.

N.B. A sale by auction is not a consumer sale. Sale of Goods Act 1839 Section 55(7) and Unfair Contract Terms Act 1977 Section 12(2)

7. The Auctioneers have the right to refuse a bid and to advance the bidding at their absolute discretion. If the Auctioneers consider that dispute has arisen during the auction, the lot or lots in dispute shall be immediately put up again for sale, unless in the exercise of their absolute discretion, the Auctioneers shall decide not to do so.

8. All customers must register prior to bidding declaring their name, address, telephone number, email address and age if requested.

9. The purchaser to pay immediately a deposit of 25p in the £ or such other sum as the Auctioneers may demand in part payment (each deposit to be applicable to any lot or lots purchased), and in default, the lot or lots purchased to be at the disposal of the Auctioneers. No transfer of lots by the buyer shall be allowed.

10. Payment may be made by Cash or  Bankers Draft. Cheques will only be accepted with a cheque guarantee card up to the guarantee limit by prior arrangement with the auctioneers. Payment by Credit or Debit cards as indicated at the Auctioneers premises, is subject to a transaction fee (3%+VAT on credit cards,  there is no charge for using a debit cards) being the total amount payable. LEGAL TITLE TO THE GOODS IS RETAINED BY THE VENDOR UNTIL PAYMENT IS MADE IN FULL AND HAS CLEARED INTO OUR ACCOUNT.

11. All lots will be at the Purchaser's risk from the fall of the hammer and Auctioneers recommend that insurance cover be effected immediately. None of the Auctioneers, the Vendor have any responsibility for the safety or security of any lot after the fall of the hammer and in particular shall be entitled to release any lot to any person representing himself as an agent of the Purchaser.

12. Clearing will take place on completion of the sale until 4.30pm and from 9.30am until 4.00pm on the day following the sale. 

13. The Purchaser or their authorised agents must pay the Auctioneers for each lot purchased and then remove the lot at the Purchaser's expense before 4.00pm on the day after the auction. Where a person has purchased more than one lot, he shall not remove any lot until each lot has been paid for. The auctioneer shall not pass buyers personal data (Data Protection Act 1998) onto any other party with the exception of the exemptions stated therein

14. Any lots or part thereof not removed by the time indicated shall be subject to a storage charge and the auctioneers shall have a lien over the goods till such storage charge has been paid. Such storage charges shall be as the auctioneers consider appropriate, there will be a minimum of £5+VAT (vehicles £15+VAT)  per lot per day inc Saturday and Sunday. Any expenses incurred by the auctioneers in the removal or disposal of any lot shall be borne by the purchaser. Payment of such charges does not imply any responsibility for the safety and condition of the goods and in particular does not affect the provisions of clause 17 hereof. All lots will be held for a maximum of one week, after which the lots will be cancelled, and the buyer invoiced for storage charges.

15. The Purchaser shall indemnify the Auctioneers and the Vendor against the cost of damage and expense incurred in storage, removal or disposal of any lot, against any difference in price in the event of a resale of a lot under clause 16(ii); in respect of all damage caused by the Purchaser, his representative or agent to any lot or to the premises in which the lots may be sited or any fixture or fittings or chattel in such premises. If such costs, damages or expenses are not ascertained at the time of removal of any lot, the auctioneers shall be entitled to estimate the same and required deposit of such estimate by the purchaser prior to removal of the goods.

16. If the purchaser is in breech of any of these conditions then i] the deposit referred to in clause 10 herein shall be forfeit to the Auctioneers, ii] the Auctioneers shall be entitled to sell by Private or Public Sale without any warning or notice to the purchaser, any lot or lots not removed from the Auctioneers' premises in accordance with clause 11 herein. If the sale price is less than the sum bid for the lot by the purchaser, the purchaser shall pay the difference in price and all charges incurred in connection with such sale, if the sale price, after deduction of expenses, is greater than the sum bid by the purchaser, then the difference in price shall be paid to the Vendor. Without prejudice to the right of resale aforesaid, the Auctioneers and the Vendor shall be entitled to enforce any contract made at the auction, and to sue the purchaser for the full price of each lot sold.

17. A vendor who sends for sale by auction any chattel(s) which is or are an asset of their business must disclose to the Auctioneers whether or not they are a registered person for VAT purposes and if so, his registered number. This information must be supplied to the Auctioneers on or prior to the delivery of the chattel(s). This catalogue should be retained.

18. Health and Safety at Work Act 1974. The goods are not sold as articles for use at work; they are sold on the understanding that the Vendor does not represent them as being in a condition which makes them suitable for use at work. The Purchaser is reminded that if  the Goods or Articles purchased are intended by him to be supplied in due course for use at work, the purchaser shall, before so supplying them for such use, take such steps as are necessary to ensure, so far as is reasonably practicable, that such goods or articles will be safe and without risk to health when properly used and should carry out or arrange the carrying out of such testing and examination as may be necessary to enable him to carry out the obligations required by the Health and Safety at work Act 1974.Where applicable items are sold in compliance with trading standards requirements.

19. The Auctioneer will on the buyer's written instruction execute bids on their behalf but neither Auctioneer  nor his employees nor his agents shall be liable for any neglect in so doing or failure to do so.

20. Value Added Tax : V.A.T. is payable at the appropriate rate on all lots with exception of those marked with an asterisk (*) 

21. Buyers Premium : A premium of 5%+VAT will be added to all motor vehicles, all other items will carry at premium of 12½%+VAT (all invoices are subject to a £1+VAT administration fee)

22. Conditions of sale - Relating to the sale of Motor Vehicles To comply with the Road Traffic Acts, it is a condition of sale that the purchaser will undertake to ensure the road worthiness of the vehicle before using it on the public highway. Vehicles should be cleared by 4.00pm Friday, after which they will incur storage charges as per clause 14, which must be paid on collection. On instructions from the Official Receiver, any vehicles marked (#) which are offered for sale on their behalf may only be sold to an ACCREDITED MOTOR DEALER who will be required to sign to that effect. Customers must supply full name and address when making payment for vehicles, if a registration document is available this must also be completed before the vehicle is removed

23. Payment and Prices in £ sterling ONLY.

24. The Auctioneer will only accept telephone, fax or email bids from customers at his discretion, customers must also have previously registered. Fax and email bids will not be accepted if they are received after the beginning of the auction sale.

Please note :

The plastic containers and wooden coat hangers do not constitute part of the lot. Please make sure assistance is available when clearing lots, especially large or heavy goods. Porters duties are to make lots available for collection only.

Frank G Bowen Limited

73 Sceptre Road, London, E2 OJU