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1. Rotherham Auction House sell as agents for the seller and as such are not responsible for any default by seller or buyer.

2. The seller warrants to the Auctioneers and to the buyers that he is the true owner of the lot or is properly authorised to sell the lot by the true owner and is able to transfer a good and marketable title to the lot free from any third party claim.  The seller will indemnify the Auctioneers their servants and agents and the buyer against any loss damage or liability suffered by them in consequence of any breach of the above warranty on the part of the seller, howsoever arising including all costs and expenses incurred by the Auctioneers or on their in dealing with any such claim.

3.  (a) All statements in the catalogues, advertisements or brochures of forthcoming sales as to any matters specified in (b) and (c) below are statements of opinions and are not, nor are they to be relied upon as, statements or representations of fact.  Illustrations in the Catalogues, advertisements or brochures of forthcoming sales are solely for the guidance of intending purchasers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any lot.  Intending buyers must satisfy themselves by inspection or otherwise as to all matters, as to the physical description of any lots and as to whether or not any lot has been repaired.

(b)  Neither the seller nor the Auctioneers are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any lot, or any other areas of description.

(c)   Neither the seller nor the Auctioneers are responsible for any faults or defects in any lot.

(d)  Neither the seller nor the Auctioneers nor any person in their employ, make or have any authority to make any representation or warranty nor are they responsible for any representation or warranty or any statement in the Catalogues, advertisements or brochures of forthcoming sales or illustrations therein.

(e)  IN THE CIRCUMSTANCES ANY POTENTIAL BUYER SHOULD RELY SOLELY AND EXCLUSIVELY UPON HIS OWN INSPECTION OF ANY LOT AND SHOULD NOT TREAT STATEMENTS MADE IN SALE PARTICULARS OR BEFORE OR DURING THE AUCTION BY THE SELLER OR AUCTIONEER EITHER AS REPRESENTATIONS OR TO BE RELIED UPON.

N.B. A SALE BY AUCTION IS NOT A CONSUMER SALE: SALE OF GOODS ACT 1979 SECTION 57 AND UNFAIR CONTRACT TERMS ACT 1977 SECTION 12 (2).

NO VEHIICLE IS WARRANTED OR HELD OUT TO BE ROADWORTHY AND NO LOT IS WARRANTED OR HELD OUT TO BE MERCHANTABLE OR SAFE FOR USE OR COMPLYING WITH STATUTORY REQUIREMENTS FOR USE, DISPLAY OR MOVEMENT. THE AUCTIONEER, HIS SERVANTS AND AGENTS HAVE NO AUTHORITY TO MAKE REPRESENTATIONS.

4. The Auctioneers shall have the right at their discretion, to refuse admission to the premises or attendance at their auctions by any person.

(a) No children under the age of 16 will be permitted on to the premises.

5. The Auctioneers have absolute discretion without giving any reason to refuse any bid, to divide any lot, to combine any two or more lots, to withdraw any lot from the auction and in case of dispute put up any lot for auction again.

6. The seller shall be entitled prior to the auction to place a reserve price on any lot.  A reserve price once placed by the seller shall not be changed without the consent of the Auctioneers.  Where a reserve price has been placed, only the Auctioneers may bid on behalf of the seller.  Where no reserve has been placed, the seller may bid either personally or through the agency of any one person.

7. Any dispute as to any bid shall be settled at the Auctioneers’ absolute discretion.  Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by the Auctioneers that he acts as agent on behalf of a named principal.

8. The highest bidder acceptable to the Auctioneers shall be the purchaser.  If, during or immediately after the sale of the lot, the Auctioneer considers that a dispute has arisen or that there is any other reason for doing s/he may at his absolute discretion immediately put up the lot again for sale or, alternatively, he shall be the sole arbitrator in any dispute between two or more bidders and his decision shall be final and binding on all concerned.

9. A buyer’s commission of 15% will be added to all bids on lots, with the exception of vehicles where the commission is 10% unless otherwise stated.  VAT shall be added to the commission only unless otherwise stated.

10. The purchaser shall give to the Auctioneers his name and address and, if so required his bank or other suitable references.  He may be required to pay forthwith the whole or any part of the purchase price, and if he fails to do so the lot or lots may at the Auctioneers’ absolute discretion be put up again and re-sold.

11. No lot can be transferred, nor can any lot be removed during the sale and the purchase money or balance thereof must be paid in full before removal of such lot.

12. Purchasers shall pay for and remove their lots at their own expense and risk as soon as possible and in any event by 5pm the following Monday of the sale unless pre-arranged 

13. If the Auctioneers decide to store any lot or cause it to be stored whether at their own premises or elsewhere this will be at the sole expense of the purchaser and the lot will only be released after payment in full of the purchase price, the accrued costs of removal, storage and insurance (if any) and all other costs incurred in connection with the lot. The Auctioneers may also charge interest at a rate of 4% above the base rate from time to time on the purchase price to the extent it remains unpaid for more than seven days from the date of the sale.

14. The property in a lot shall not pass to the purchaser until he has paid the purchase price in full, but the lot shall be at the purchaser’s risk in all respects from the fall of the hammer.  The Auctioneers shall be entitled to lien on any lot sold until the purchase price is paid in full by the purchaser and shall further be entitled to forfeit any money deposited in part payment.

15. Any damage done to the premises or to any lot or part of parts thereof by the purchaser shall be made good at the expense of the purchaser.  Neither the Auctioneers nor their servants or agents shall after the period specified to in paragraph 12 hereof be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in their custody or under their control.

16. The seller authorises the Auctioneers to deduct commission from the purchase price.

17. The Auctioneers shall remit the proceeds of the sale to the seller not later than one month after the auction.

18. Where a seller cancels instructions for the sale, the Auctioneers reserve the right to charge a fee of 10%+VAT of the Auctioneers’ then latest estimate of the auction price of the property withdrawn, plus VAT and storage.

19. Where any lot fails to sell, the Auctioneers will notify the seller accordingly.  The seller will make arrangements either to re-offer the lot for sale or to collect the lot and pay commission at the rate of 7.5%+VAT of the reserve price.  If such arrangements are not made: -

(i)         Within seven working days of notification, the seller will be responsible for any removal, storage and insurance expenses

(ii)       Within three months of notification, the Auctioneers will have the right to sell the lot at public auction without reserve and to deduct from the purchase price any sum owing to the Auctioneers including removal, storage and insurance expenses, commission in respect of the first auction and commission on the sale at the second auction and all other reasonable expenses before remitting the balance to the seller.

20. We do not guarantee that the airtime suppliers will connect any mobile phone purchased from the auction.