Terms & Conditions
GENERAL CONDITIONS OF SALE
1. The following conditions, together with such other terms, conditions and notices as may be set out in any relevant Catalogue or any separate notice to purchasers (together the `Conditions of Business`):
(a) govern Simon Charles Auctioneers & Valuers Ltd entire relationship with actual or prospective Buyers including persons reading Catalogues or otherwise; and
(b) are Simon Charles Auctioneers & Valuers Ltd and the Seller`s entire agreement with the Buyer or prospective Buyer at auction or at any private sale and all other conditions whether express or implied at common law or by statute as are capable of lawful exclusion are hereby excluded.
The Conditions of Business and all other contents of any Catalogue are subject to amendment by Simon Charles by the posting of notices, by oral announcement made by the auctioneer prior to or during the sale, or by way of an agreement in writing signed by the parties concerned. Definitions of words and phrases with special meanings appear in Condition.
2. The Buyer
(a) By participating in this sale, the Buyer agrees to be bound by the terms of the Conditions of Business. The highest bidder acknowledged as such by the auctioneer will be the Buyer. In the event of doubt on Simon Charles Auctioneers & Valuers Ltd part as to the validity of any bid, the auctioneer will have absolute discretion to determine the successful bidder, cancel the sale or to re-offer and re-sell the lot and/or to take such other action as the auctioneer deems fit. Any bidder acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all obligations and liabilities hereunder.
(b) Without any liability to any prospective Buyers:
(i) Simon Charles Auctioneers & Valuers Ltd may alter or withdraw any lot from the auction for any reason up to the moment at which the hammer falls in relation to such lot(s).
(ii) where two or more consecutive lots are similar in quantity and description offer a choice on any subsequent lots to the Buyer at the same price.
(iii) without ascribing any reason therefore refuse to accept any bid.
(c) Simon Charles Auctioneers & Valuers Ltd, any Simon Charles Auctioneers & Valuers Ltd Affiliated Company, the Seller or any agent acting on its behalf may bid for any lot or lots offered for sale at the auction.
3. The Buyer`s Premium & Charges
The Buyer will pay to Simon Charles Auctioneers & Valuers Ltd seventeen and a half percent (17.5%) on the Hammer Price by way of a Buyer`s premium plus VAT for goods purchased through any means. The Buyer agrees that Simon Charles Auctioneers & Valuers Ltd when acting as agent for the Seller may also receive commission from the Seller. Internet Bids have an addition charge of four percent (4%) on the hammer price.
A handling charge of £3.00 per lot will apply to any lot held on, requiring or containing a pallet.
Any lots not collected and removed in full by the time specified in the catalogue will be subject to a storage charge of £60 per day or part thereof, levied upon each invoice.
4. Value Added Tax (VAT)
The Buyer shall pay any VAT, which may be due on any amounts owed by the Buyer under the Conditions of Business at the rates prevailing on the day of the auction.
5. Payment & Deposits
(a) The Buyer shall make payment to Simon Charles Auctioneers & Valuers Ltd of the Total Amount Due in cleared funds by 2:30pm on the Friday following the sale.
(b) All payments must be made in pounds sterling;
(c) Accepted forms of payment are banker`s draft, cash and debit card (subject to £0.40 handling charge), credit card and online payment (subject to a 1% surcharge) via our realex online payment service. We do NOT accept payment by cheque.
(d) If Simon Charles Auctioneers & Valuers Ltd does not receive payment in accordance with Clauses 5 (a), (b) and (c) above then it reserves the right to exercise any of the rights and remedies set out in Clause 10 below.
(e) Due to the money laundering regulations, we cannot accept cash payments over £5,000 for any one transaction.
6. Ownership of Lots Purchased
The ownership of the lot purchased will not pass to the Buyer until the Buyer has paid Simon Charles Auctioneers & Valuers Ltd in full the Total Amount Due and Simon Charles Auctioneers & Valuers Ltd has applied such payment to the lot and each such lot has been removed from the premises in its entirety.
7. Collection of Lots Purchased
(a) At the Buyer`s sole cost and expense, the Buyer shall collect the lot purchased from the premises at which they are sold not later than 2:30pm on the Friday following the sale and/or notice to purchasers and this condition shall be of the essence of the contract, but not before payment to Simon Charles Auctioneers & Valuers Ltd of the Total Amount Due.
(b) Packing and handling of purchased lots is at the entire risk and expense of the Buyer. Simon Charles Auctioneers & Valuers Ltd is not responsible for acts or omissions by packers or shippers of purchased lots, whether or not such persons or entities are recommended by Simon Charles Auctioneers & Valuers Ltd.
(c) Access for the purpose of removal of lot(s) will be given only in normal business hours.
(d) Any collections, that buyers wish to arrange via third party courier companies will be subject to minimum £10 VAT inc. handling fee, this fee may increase due volume of lots purchased. The buyer must inform Simon Charles cash office as soon as collection by third party courier collection is arranged, to ensure that the order can be pre-picked. All third party courier collections must be arranged within the sale collection times as laid out in the important sale information or the collection will be subject to the late collection charges.
(e)All items should be accounted for and checked by the buyer upon collection, Simon Charles can accept no liability for any items either missing or incorrectly described once goods have left the premises and a collection note has been signed. All stock must be checked by the Buyer prior to leaving the Simon Charles premises and no refunds or concessions will be available to Buyers for an incorrect description or any other fault or miss-description listed by Simon Charles that the Buyer may feasibly check on site. Any refunds for any defects that may not immediately be detected by the Buyer upon a quick check of i.e. phone for IMEI blocking or incorrect memory must be reported to and the stock returned to Simon Charles within 5 working days of the sale ending.
8. Third Party Claims
Should any party claim possession of or title to all or part of a lot prior to its removal, the auctioneer reserves the right to rescind the sale thereof.
9. Transfer of Risk
Risk of loss and damage to any lot purchased shall pass to the Buyer upon the fall of the hammer. The Buyer is advised to effect any insurance it may consider necessary. Any duty of the auctioneer and/or the Seller to deliver lots shall be deemed performed upon the fall of the hammer even if a lot is subsequently damaged and/or part thereof has been lost.
10. Remedies for Non-Payment or Failure to Collect Purchases
If the Total Amount Due is not paid on any lot or the Buyer fails to collect the lot in each case in accordance with the Conditions of Business the Buyer will be in default and Simon Charles Auctioneers & Valuers Ltd, as agent of the Seller or for itself, as appropriate, shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
(a) proceed against the Buyer for damages for breach of contract;
(b) cancel or rescind the sale of that or any other lots sold to the defaulting Buyer at the same or any other auction, retaining as compensation all payments made by the Buyer referable to any losses, costs or expenses incurred by the Seller or Simon Charles Auctioneers & Valuers Ltd as a result of the Buyer`s default;
(c) re-sell the lot or cause it to be re-sold by Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company by public auction or private sale, and hold the Buyer liable for the Deficiency. The defaulting Buyer hereby agrees that any resale price at public auction shall be deemed commercially reasonable;
(d) hold the Buyer liable for the Total Amount Due and the Deficiency;
(e) reduce the Total Amount Due or the Deficiency or any other amounts the Buyer owes to Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company by:
(i) any proceeds of sale then due to or thereafter becoming due to the Buyer from Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd; or
(ii) any payment made by the Buyer to Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company, whether or not intended to reduce the Buyer`s obligation hereunder;
(f) until payment of all outstanding amounts due to Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company have been made in full, exercise a lien on any property of the defaulting Buyer which is in the possession of Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company for any purpose and to sell the same;
(g) charge the Buyer a minimum handling charge payable to Simon Charles Auctioneers & Valuers Ltd by the Buyer of one per cent (1%) plus VAT of the Total Amount Due per month commencing on the seventh day after the sale and for each successive month or any part thereof;
(h) charge the buyer a minimum of £60.00 plus VAT per day or part thereof storage per outstanding invoice on any goods not paid for and collected by the time specified in each auction catalogue
(i) insure, remove and store the lot either at Simon Charles Auctioneers & Valuers Ltd premises or elsewhere at the sole risk and expense of the defaulting Buyer;
(j) charge the Buyer interest at a rate not exceeding five per cent (5%) above the base rate of the auctioneer`s bankers per month on the Total Amount Due to the extent it remains unpaid for more than seven days after the date of the auction.
(k) hold the Buyer liable to indemnify Simon Charles Auctioneers & Valuers Ltd against any loss or damage suffered by Simon Charles Auctioneers & Valuers Ltd
11. Liability of Simon Charles Auctioneers & Valuers Ltd, and Simon Charles Auctioneers & Valuers Ltd Affiliated Company & Sellers
(a) All goods are sold with all faults and imperfections and errors of description. All goods are 'sold as seen'. Illustrations in Catalogues are for identification only. Buyers should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its descriptions. Simon Charles Auctioneers & Valuers Ltd has not tested electrical or mechanical goods and the Buyer is solely responsible for testing such goods before using them. Subject to the obligations accepted by Simon Charles Auctioneers & Valuers Ltd under this Condition as set forth below, none of the Seller, Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company or any of their respective servants or agents is responsible for errors of description in the Catalogue or elsewhere or for the genuineness or authenticity of any lot. No warranty whatever is given by Simon Charles Auctioneers & Valuers Ltd or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company or any of their respective servants or agents, or any Seller to any Buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.
(b) Any claim by the Buyer against Simon Charles Auctioneers & Valuers Ltd, its servants or agents under this Condition shall not extend to any loss, interest or damage suffered or expense incurred by the Buyer.
(c) Neither Simon Charles Auctioneers & Valuers Ltd nor the Seller make any representations or warranties, implied or express, to the Buyer, as to whether any lot is subject to any export restrictions from or import restrictions into the United Kingdom or any import or export restrictions of any other country.
(d) Simon Charles Auctioneers & Valuers Ltd and the Seller hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person or persons who may attend at the premises for the purpose of the auction, inspection, purchase, collection or any other business.
(e) Notwithstanding anything contained in the Conditions of Business, any claim against Simon Charles Auctioneers & Valuers Ltd, its servants or agents, or any Simon Charles Auctioneers & Valuers Ltd Affiliated Company, its servants or agents, by the Buyer shall be limited to the Hammer Price and Buyer`s Premium actually paid by the Buyer to Simon Charles Auctioneers & Valuers Ltd with regard to that lot.
(f) Simon Charles Auctioneers & Valuers Ltd sells as agent for the Seller (except where it wholly or partly owns any lot as principal) and as such is not responsible for any default by the Seller.
(g) Neither the Seller nor Simon Charles Auctioneers & Valuers Ltd recommend any other organisation or represent the competence of any other organisation representatives or advertising literature of which is at or about the auction premises by reason of the fact of the Seller or Simon Charles Auctioneers & Valuers Ltd have allowed such representation or literature to be available or distributed at the auction premises.
(h) No brand names, manufacturers names or store names are to be mentioned or referred to in the resale of any goods and items purchased from any of our sales. Any one person known to doing so will be given an instant ban from attending further sales without exception.
Simon Charles Auctioneers & Valuers Ltd shall have the right at its absolute discretion to refuse admission to any person to its premises or to attendance at auctions. NO persons under the age of 16 shall be admitted to the auction premises.
13. Telephone and absentee bids
Simon Charles Auctioneers & Valuers Ltd may if so instructed execute bids on behalf of prospective Buyers. Neither Simon Charles Auctioneers & Valuers Ltd nor its servants or agents are responsible for any neglect of default relating to bids made in connection with absentee or telephone bids, including, without limitation, any telecommunications errors or failures. It is the buyers responsibility to contact us on 0161 494 5864 to find out if they have been successful.
14. Personal Details
If Simon Charles Auctioneers & Valuers Ltd so requests, the Buyer agrees to provide written confirmation, in a form satisfactory to Simon Charles Auctioneers & Valuers Ltd of their name, permanent address, proof of identity and creditworthiness.
Simon Charles Auctioneers & Valuers Ltd makes no representations or warranties as to the anticipated selling price of any item of property. No estimates anywhere made by Simon Charles Auctioneers & Valuers Ltd, its servants or agents, whether in writing or orally, may be relied upon as a prediction of the actual selling price. Estimates in Catalogues, receipts and elsewhere are subject to revision by Simon Charles Auctioneers & Valuers Ltd from time to time in the exercise of its sole discretion.
16. Representations and Statements
Any representation or statement by Simon Charles Auctioneers & Valuers Ltd in any Catalogue, condition report or elsewhere and whether oral or in writing as to authenticity, genuineness, origin, date, age, provenance, condition, reserve price or estimated selling price is a statement of opinion only and not of fact. Neither Simon Charles Auctioneers & Valuers Ltd nor its servants, officers, directors or employees are responsible for the correctness or such opinions, whether orally or in writing.
Simon Charles Auctioneers & Valuers Ltd reserves the right to use any photographic images of any of the lots for publicity material. Copyright of the images will remain with Simon Charles Auctioneers & Valuers Ltd. Any stock images are used for illustration purposes only, the items may vary from the actual image.
In the Conditions of Business, terms defined below shall have the meanings set forth herein:
(a) "Buyers Premium" means the premium payable to Simon Charles Auctioneers & Valuers Ltd by a Buyer under Condition 3 plus VAT thereon
(b) "Catalogue" includes any advertisement, brochure, estimate, price list and other Simon Charles Auctioneers & Valuers Ltd or Simon Charles Auctioneers & Valuers Ltd Affiliated Company`s publication;
(c) "Deficiency" means all handling charges, interest, collection fees, incidental liabilities, costs (including without limitation legal fees and expenses) and storage, removal and insurance fees and with respect to any resale whether by private sale or at public auction any shortfall between the original Hammer Price and the resale Hammer Price, the Expenses of both sales, the Seller`s Commission and the Buyer`s Premium on both sales and any VAT which may be due;
(d) "Expenses" in relation to the sale of any lot means Simon Charles Auctioneers & Valuers Ltd charges and expenses including but not limited to charges and expenses for insurance, Catalogue and other reproductions and illustrations, any customs duties, advertising, packing and shipping costs, reproduction rights fees, costs of testing, searches or enquiries relating to any lot and any applicable VAT;
(e) "Hammer Price" means the price at which a lot is knocked down by the auctioneer to the Buyer or in the case of a private sale the agreed price, in both instances excluding the
Buyer`s Premium and any applicable taxes;
(f) "Seller" means the owner or authorised agent thereof or person in possession of the property consigned, other than Simon Charles Auctioneers & Valuers Ltd or Simon Charles Auctioneers & Valuers Ltd Affiliated Companies. If there are multiple owners or an agent or possessor, each shall assume all obligations, liabilities, representations, warranties or indemnities on behalf of the Seller set forth in the Conditions of Business, jointly and severally;
(g) "Seller`s Commission" means the commission payable to Simon Charles Auctioneers & Valuers Ltd by a Seller plus applicable VAT;
(h) "Simon Charles Auctioneers & Valuers Ltd" means Simon Charles Auctioneers & Valuers Ltd whose office address is Welkin Mill, Welkin Road, Bredbury, Stockport, Cheshire, SK6 2BH United Kingdom, company number 5454095;
(i) "Simon Charles Auctioneers & Valuers Ltd Affiliated Company" means any company other than Simon Charles Auctioneers & Valuers Ltd being a subsidiary of Simon Charles Auctioneers & Valuers Ltd for the time being within the meaning of section
736 of the Companies Act 1985 or a company with shareholders common to those of Simon Charles Auctioneers & Valuers Ltd;
(j) "Total Amount Due" means the Hammer Price in respect of the lot sold, together with any Buyer`s Premium, VAT chargeable, any customs duties and any additional charges, fees and expenses due from a Buyer or a defaulting Buyer.
(k) Additional definitions can be found in the 'FAQ' section of the website.
18. Notices, Governing Law and Jurisdiction
(a) Any notice by Simon Charles Auctioneers & Valuers Ltd to a Buyer or prospective Buyer may be given by first class post, airmail, facsimile or hand-delivery either to such person directly, or at the last address known to Simon Charles Auctioneers & Valuers Ltd, or any representative or agent acting on his behalf at his last address known to Simon Charles Auctioneers & Valuers Ltd and if so given shall be deemed to have been duly received by the addressee 48 hours after posting or 24 hours after sending by facsimile or hand-delivery.
(b) The Conditions of Business and any amendments hereto shall be governed by and construed in accordance with English law. All transactions to which the Conditions of Business apply and all matters connected therewith shall also be governed by English law.
(c) Any dispute or difference arising out of any transaction to which the Conditions of Business apply and all matters connected therewith shall, at the election of Simon Charles Auctioneers & Valuers Ltd be referred to arbitration or otherwise to litigation to be conducted in either event in London, England. Each actual or prospective Buyer agrees to appoint irrevocably an agent for service of process in England immediately upon receipt of a request from Simon Charles Auctioneers & Valuers Ltd to do so.
(a) The headings in the Conditions of Business do not form part of the Conditions of Business, but are for convenience only.
(b) In the event that any provisions of the Conditions of Business should be held unenforceable for any reason, the remaining portions hereof shall remain in full force and effect.
(c) No act, failure to act or partial act by Simon Charles Auctioneers & Valuers Ltd shall be deemed a waiver of any of its rights hereunder.
(d) The singular includes the plural and vice versa where the context permits.
(e) The Conditions of Business shall not be assignable by the Buyer without the prior written agreement of Simon Charles Auctioneers & Valuers Ltd.
(f) Where terms have special meanings ascribed to them, a glossary may appear before Lot 1 in the Catalogue of the auction.
(g) Any waiver by Simon Charles Auctioneers & Valuers Ltd of a breach of any provision of the Conditions of Business shall not be considered as a waiver of any subsequent breach of the same or any other provision.
(h) Simon Charles Auctioneers & Valuers Ltd do not accept liability for the placing of bids on the site , or for the failure in any way or manner of the auction system which may lead to a purchaser failing to secure their lots. They will not be held responsible for any failure of the internet or related hardware ad software. Simon Charles Auctioneers & Valuers Ltd reserve the right to cancel a sale, and re-offer any lots, extend the sale or change the method of sale ; in particular if Simon Charles Auctioneers & Valuers Ltd suspect tampering with the on-line system in any way whatsoever.