Terms & Conditions Of Sale
Sellers must submit a written description of each individual lot to be entered into the auction before the auction deadline date. Sellers give McCubbing and Redfern the permission to photograph and illustrate any lot and to use such photographs and illustrations in cataloguing or promotion of any auction sale. A seller who submits any lot which is a business asset or stock must disclose to McCubbing and Redfern whether he is VAT registered and if so, must disclose his VAT number and whether goods are eligible to be sold under the margin scheme for second hand goods. Such disclosures to be made in writing when items are submitted for sale.
The Auctioneers Margin Scheme allows auctioneers to sell items exclusive of VAT. This scheme allows an amount equivalent to the current rate of VAT to be added to the buyer’s premium. This amount cannot be reclaimed and will not be detailed on the buyer’s invoice.
If the seller has any lot specifically mentioned in an insurance policy the seller shall notify his insurers of and shall himself note McCubbing and Redfern’s interest as bailees in any such policy. The seller shall duly indemnify McCubbing and Redfern against any claims in connection with any goods sold by McCubbing and Redfern on the seller’s behalf. McCubbing and Redfern reserve the right to refuse any items for inclusion in their auction, if in their opinion, the items are unsaleable or unsuitable. McCubbing and Redfern have absolute discretion to divide any lot, combine lots or withdraw any lots from sale. McCubbing and Redfern may cancel the sale without giving reason or without previous notice.
All lots are sold as seen with all faults (a.f), defects, alterations and any other descriptive error. If any lot is discovered to be a forgery which is deliberately intended to deceive as to its age, origin, authorship or period the buyer has the right by 17.00 p.m. 24hrs following the sale to return said item in same condition and to state in writing that it is a forgery, and if McCubbing and Redfern are completely satisfied as to the genuineness of the claim a refund of the purchase price will be given. A refund cannot be assigned and can only be paid to the purchaser.
Neither McCubbing and Redfern or the seller accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or provenance of any lot; all statements made about any lot given either written or orally is opinion. Neither McCubbing and Redfern nor the seller has any authority to offer any representation or warranty. When bidding, buyers are acknowledging that they are satisfied as to the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or provenance of any lot and accept the terms and conditions of sale.
All prospective buyers must register their details prior to the sale by completing a buyer’s registration form. Once registered, they are given a bidding number which must be clearly shown to the auctioneer on a successful bid. It is the buyer’s responsibility to ensure that is their number that the auctioneer records as the successful buyer’s bid.
McCubbing and Redfern reserves the right to determine the reserve price, refuse any bid, regulate the bidding, and no bid can be retracted. In the event of dispute between bidders, the auctioneer has the absolute power to settle it or re offer the lot for sale. The Auctioneer has at his discretion the right to bid on any lot being offered subject to reserve. Seller reserves are only accepted above £50 and in writing at time of entry and are subject to auctioneer’s discretion and insurance. If goods are unsold, a lot charge of £5 can be applied per lot.
McCubbing and Redfern will accept and execute commission bids wherever possible, bids to be made known to McCubbing and Redfern by the end of the viewing day prior to the sale. Such bids must be made in writing and a maximum bid must always be indicated. Every effort will be made in order to execute commission bidding, although McCubbing and Redfern will not accept responsibility for any default
or neglect in providing this facility. In the event of identical bids, the earliest takes precedence.
The highest bidder acknowledged by the auctioneer will be the buyer and is entirely responsible for payment of lot (s) according to our terms and conditions. If any bid is made on behalf of a third party the bidder in the room is ultimately responsible for payment. In the event of any dispute, the auctioneer has absolute authority to settle the matter and re-offer the lot if necessary.
McCubbing & Redfern do not accept any responsibility whatsoever, for any loss, however caused/occasioned nor for any breakage or deterioration of any items held on our premises or in transit by us unless insurance has been agreed and paid for. If settlement is agreed it will be at the lower estimate or reserved price, whichever is the lowest. In the event of damage to any lot made before, during or after the sale, such damage shall be made good by the person or persons committing such damage, principals being responsible for the acts of their servants, such damage to be assessed by McCubbing and Redfern.
Any person on the premises shall be deemed to be here at their own risk. The Auctioneer accepts no responsibility for any person or any person's property, on the Auctioneer’s premises and forecourt at any time, and for any injury or accident they may sustain.
The McCubbing & Redfern premiums are charged as follows: (i) Seller’s premium at the rate of 15% on hammer price to a minimum of £ 5.00 per lot, (ii) Buyer’s premium of 15% on hammer price, (iii) VAT is charged on premiums and services at standard rate (20%).
The seller authorises McCubbing and Redfern to deduct stated premiums and charges from the hammer price. If the amount due to the seller is under £10 payment is normally made in cash and it is the seller’s responsibility to arrange collection of this. Bank charges may result as a result of lost or misused cheques. The buyer authorises McCubbing and Redfern to add stated premiums and charges to the hammer price. Once catalogued no reserve can be altered without our consent and items can only be returned to the seller on special permission from the auctioneer and at a cost of 7.5% of the guide price or £10 whichever is the greater. Collection/delivery, insurance, storage and lot charges will become payable and all invoices need to be settled with cleared funds prior to any removal arrangements are made.
McCubbing and Redfern act as agents only for the seller and do not accept responsibility in the event of default by the buyer. Payment is only forwarded to seller once cleared funds have been received from the buyer; and may be carried over until all items are sold.
Unsold lots are normally re-entered into the next appropriate sale. If lots remain unsold they are stored for four weeks after their last entry and if they remain uncollected after this time they will be entered without reserve, disposed of or donated to charity.
McCubbing and Redfern accept household effects and furniture at their discretion and commit to only one entry into auction. If unsold and uncollected they may be disposed of or combined with other lots without any further notification.
Payment by cheque will be accepted only up to the amount shown on the cheque guarantee card, any amount above this will mean that any lot or part lots may not be removed until the cheque has cleared with HSBC plc bank. There is a premium of 3% on credit card transactions.
The ownership of any lot does not belong to the buyer and the buyers may not remove any lot/part lot until McCubbing and Redfern are in receipt of cleared funds and all sums due are paid in full. Buyers who default on full or part payment may have their details published and/or distributed to other businesses without further notice.
All lots, once sold and when a paid invoice has been issued by McCubbing and Redfern, are the sole responsibility of the buyer and are to be removed by the buyer, or in the case of unsold lots, the seller, 48 hrs following the sale, but must not be removed during the sale unless prior arrangements have been made. Any lot or part lot remaining after this time will be subject to a storage charge of £ 1 per day or part of and any other resulting charges. If any lot is not paid for or removed within 7 days of the sale, McCubbing and Redfern reserve the right to re-sell by auction or private treaty without any notice to the buyer, and damages recoverable by the seller or McCubbing and Redfern from the defaulter shall include any loss arising from the re-sale of lot(s) and all charges resulting from both sales plus interest at 1% above HSBC bank plc on any monies due not received by 17.00 p.m. 48hrs following the sale. Any monies held in part payment for any lot shall be retained by McCubbing and Redfern on account of any liability due to them or to the seller. Late payments must be in cash settlement.
McCubbing and Redfern (McCubbing & Redfern auctioneers and employees.)
Lot (Item or items submitted by seller.)
Buyer (Person accepted and recorded by auctioneer on fall of hammer.)
Seller (Person who has submitted any lot for sale.)
© 2013 Wells Auction Rooms Ltd. All Rights Reserved. Vat
No. 878 4144 86. Company No.5696379. Incorporated in Cardiff 02.02.06.
Registered address 66-68 Southover, Wells, Somerset. BA5 1UH
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