Silverwoods of Clitheroe

Antique, Furniture and Fine Art Auctions - Terms and Conditions

Definitions / lnterpretation

In these conditions, Silverwoods act as auctioneers and agents for the vendor and the representative of Silverwoods conducting the auction is called "The Auctioneer". Any reference to Silverwoods shall include a reference to its employees and agents from time to time. Words importing one gender include all other genders and words importing the singular include the plural and vice versa. Reference to a person includes an individual, firm, corporation (limited or unlimited) or any other body. The clause headings are not to be taken into account in the construction and interpretation of these Conditions.

General

Whilst Silverwoods make every effort to ensure the accuracy of their catalogue and the description of any lot:

• (a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
• (b) Silverwoods do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify and in such cases Silverwoods do so as agents of the vendor and are not themselves responsible for such claims
• (c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Silverwoods, unless they have been instructed in writing by the vendor so to certify and in such cases Silverwoods do so as agents of the vendor and are not themselves responsible for such claims
• (d) Any claim under any Statute must be received in writing by Silverwoods within ten days of the day of the sale

The Auction

• (a) 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 cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
• (b) The highest bidder shall be the buyer except in the case of a dispute If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to reoffer the lot The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
• (c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price but not otherwise) the seller has the right to bid either personally or by anyone person (who may be the Auctioneer)
• (d) All conditions, notices, descriptions, statements and other matters in the catalogue 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

Rescission

Notwithstanding any other terms of these Conditions, if within three years after the sale Silverwoods have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within one month after such notification the buyer returns the same to Silverwoods in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Silverwoods 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 Silverwoods will reimburse the buyer for the amount paid for the relevant lot within seven days of the vendor refunding to Silverwoods the amount paid to the vendor in respect of the lot In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to he nominated by the President of the Royal Institution of Chartered Surveyors Both the buyer and the vendor agree to be bound by the decision Payment of costs of arbitration shall be determined by the arbitrator.

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Default

Silverwoods disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not payout 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.

Private Treaty

In the event of a sale by private treaty the buyer agrees to be bound by these Conditions and any Special Conditions advised to the buyer before the sale

Instructions

As Silverwoods are auctioneers, all goods delivered to Silverwoods premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at Silverwoods discretion and accepted by Silverwoods subject to all the Sale Conditions. By delivering the goods to Silverwoods for inclusion in their auction sales each vendor acknowledges that he has accepted and agreed to be bound by all these Conditions.

Loss or Damage

Silverwoods disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees when Silverwoods maximum liability shall be limited to the purchase price paid by the buyer for those goods.

Storage

Silverwoods reserve the right to store or arrange for the storage (either on their own premises or elsewhere at their sole discretion) of goods delivered to them for sale and/or sold by them. The vendor or buyer as appropriate shall be liable for all and any charges payable for storage, transport and insurance of such goods.

Right To Sell

Buyers will incur charges for storage in respect of goods left on Silverwoods premises or in the custody of Silverwoods or their appointed storage contractor If the buyer has been requested to remove such goods but the goods are not removed within seven days of such request, Silverwoods reserves the right to sell the goods without further reference to the buyer to defray such charges incurred The maximum liability which there may be on the part of Silverwoods to the buyer in respect of any loss arising from any such sale shall be restricted to the price paid by the buyer for the goods.

Reserves

All goods are put up for sale WITHOUT RESERVE at the Auctioneers discretion unless written instructions as to reserves are received by Silverwoods prior to the commencement of the sale.

Indemnity

The vendor shall duly indemnify Silverwoods against any claims in connection with any goods sold by Silverwoods on the vendor's behalf.

Value Added Tax

A vendor who sends for sale by auction or private treaty any item which is an asset of his business must disclose to Silverwoods and the Auctioneer whether or not he is a registered person for Value Added Tax purposes in the UK or any other AEU country and if so, declare his registered number and whether or not he intends to operate the special scheme for second hand goods This information must be supplied to Silverwoods on, or prior to, the items being consigned to Silverwoods.

Vendor Authorisation

The vendor authorises Silverwoods to deduct commission and expenses at the stated rates from the hammer price and acknowledges Silverwoods right to retain any premium payable by the buyer to Silverwoods.

Rights to Photographs and Illustrations

The vendor gives Silverwoods full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction) The buyer gives absolute right to use at any time any photographs and illustrations of lots sold at auction or privately at its absolute discretion (whether or not in connection with the auction). In addition to the above the attention of all bidders and buyers is drawn to the following clauses which principally concern buyers and to other notices and information in the catalogues.

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Inspection

Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding inspection or otherwise as to all the sale terms, these Conditions, the physical condition and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.

Property and Risk

Legal title will not pass to the buyer until the lot(s) has been paid for in full, but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Silverwoods such proportion of the purchase price as Silverwoods or the Auctioneer may require If the buyer fails to do so, the lot may at the Auctioneer's sole discretion be put up again and re-sold.

Bidders Status

Every bidder shall be deemed to act as principal unless there is in force prior to the sale a written acknowledgement by Silverwoods that he acts as agent on behalf of a named principal.

Removal of Goods

• (a) No purchase shall be claimed or removed until it has been paid for in full and the sale has been concluded. All purchases shall be paid for and removed at the buyer's risk and expense by close of business on the second working day after the sale, failing which Silverwoods 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 per lot per day (plus VAT at the appropriate rate).
• (b) If the buyer fails to pay in full for any of his purchases by close of business on the second working (day after the day of the sale then the buyer shall be in default and Silverwoods shall at its absolute discretion be entitled to: Charge to the buyer interest on any purchase price (as defined in clause 20) that remains unpaid at a rate which is ten percentage points per annum above the base rate of National Westminster Bank plc as at the date such interest is charged.
• Exercise a lien over any lots purchased by the buyer and over any other property of the buyer in the possession custody or control of Silverwoods for any purpose at that time (or which subsequently comes into Silverwoods' possession) until such time as Silverwoods have received settlement in fun of an amounts due from the buyer.
Resell without notice to the buyer any lot for which payment has not been received in full by Silverwoods. The maximum liability which there may be on the part of Silverwoods to the buyer in respect of any loss arising on any such re-sale shall be restricted to the price paid by the buyer for that lot.
• (c) If the buyer fails to comply with any of these Conditions, Silverwoods reserves the right to refuse to accept any bids made by or on behalf of the defaulting buyer at any future sales or to require the client to deposit in respect of any potential purchase such an amount in cash as Silverwoods in its absolute discretion deems appropriate before any bids are accepted from that client in any subsequent sale.
• (d) If the buyer fails to comply with any of these Conditions the amount recoverable by the seller, Silverwoods or the Auctioneer from that buyer shall include any loss arising on any resale of the lot together with the charges and expenses in respect of both sales and interest on all outstanding sums at a rate which is ten percentage points per annum above the basic rate of National Westminster Bank plc as at the date such interest is charged Any money deposited in part payment shall be held by Silverwoods on account of any liability of that buyer to Silverwoods or to the seller.
• (e) Silverwoods are unable to accept payment from buyers other than in cash, by certain debit or credit cards (as stated below in clause 21), by the buyer's own cheque drawn on an account at a UK clearing bank or by direct transfer of cleared funds into Silverwoods nominated bank account Cheques drawn by third parties, whether in Silverwoods favour or requiring endorsement, cannot he accepted In all cases the net amount credited to Silverwoods bank account after deduction of all bank charges etc must settle in full all amounts out standing from the buyer in respect of his purchases.
• (f) Arrangements are made with storage contractors for storage and collection of furniture, some associated items and pictures Please see details of the conditions for such storage and collection which are shown separately in the catalogues for those sales to which these arrangements apply.

Purchase Price

The purchaser of any lot shall pay the hammer price plus a premium of 10% (together with VAT on the premium at the appropriate rate and on the hammer price at the appropriate rate if applicable on that lot). The premium at the appropriate rate is payable by all purchasers. The amount invoiced in respect of the premium will be inclusive of VAT but this VAT will not normally be recoverable by the buyer.

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Third Party Liability

Every person on Silverwoods premises at any time shall be deemed to be there at his own risk. He shall have no claim against Silverwoods, its employees or agents in respect of any accident which may occur; or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Silverwoods employees.

Consumer Protection Act 1987

• Post 1950 upholstered items must bear the relevant fire retardant label stating that the lining and covering of such item complies with the current fire regulations.
• Electrical goods must have approved wiring with 13 amp insulated plug. Heaters/fires must have approved guards.

We can not accept the following:

• gas appliances
• oil and paraffin heaters
• crash helmets
• foam filled items
• prams, pushchairs and baby items
• modern non collectors toys