Conditions of Sale

1. Introduction: The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salesrooms. All sales are conducted on or printed ‘conditions of sale’ which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.

2. Agency: As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly, if you buy your primary contract is with the seller.

3. Buyer’s premium: The ‘Conditions of sale’ oblige buyers to pay a buyer’s premium at 15% on the hammer price of each lot purchased with minimum of £1 per lot. In the case of lots purchased ‘live on-line’ or via www.i-bidder.com or info@swindellsauctioneers.co.uk this will be charged at 22.5% on the hammer price. In addition, VAT is payable on this premium (see below).

4. VAT: An asterisk(*) indicates that VAT is payable by the purchaser as the standard rate imposed by current UK Law on the hammer price as well as being an element in the buyer’s premium, lots are noted in the saleroom by a red dot on the lot number. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due on importation into the UK. The double (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT on the gross lot price (i.e. both the hammer price and the buyer’s premium. Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneer’s Margin Scheme and it should be noted that the VAT included within the premium is not recoverable as input tax. (VAT rates are changing with frequency. Please check with HMRC.VAT will be charged as set by Government at the time of sale.)

5. Condition and description of lots: We are primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyer’s have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the ‘Conditions of sale’. Neither the seller nor we, as the auctioneers, accept responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in so far we have examined the goods and make a representation about condition, we shall be liable for any defect which the examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer and the buyer examined the goods. Additionally, in specified circumstances lots misdescribed because they are ‘deliberate forgeries’ may be returned and repayment made. There is a 21 day time limit from the date of sale, not date of collection or receipt. (The expression ‘deliberate forgery’ is defined in our ‘Conditions of sale’).

6. Electrical goods: Items are tested by a qualified electrician for SAFETY ONLY. An item that passes a PAT safety test may not work. Conversely, an item that fails the test may work with just minor repair. ‘Working Order’ and ‘Safe’ are two completely different concepts. The only thing you may take for granted is that the item will be safe at the point of sale. Items that have failed will have their cabling cut to secure, labelled and sold ‘For Trade Only’. To use the object you will have to change it radically from what was sold to you. Therefore, the auctioneers cannot be held responsible after the point of sale. Those items sold genuinely as ‘antiques or collectables’ will not have been tested and if bought for use must be checked over for compliance with safety regulations by a qualified electrician before use. This is a express condition

7. Bidding in person: Some form of identification with proof of address will be required if you are unknown to us. Bidders may be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Account transfers will not be recognised or facilitated under any circumstances.

8. Absentee Bidding: Commission bids may be left with the auctioneer indicating the maximum amount to be bid excluding buyer’s premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If tow buyers submit identical commission bids, the auctioneers may prefer the first bid received. If there are genuine reasons why you are unable to leave a Commissions Bid and you wish to bid by telephone we may accommodate on lots where your opening bid will be £500 or above. There are inherent dangers with this practice; therefore all arrangements shall be entirely at the bidder’s risk. Absentee bid instructions must be received by telephone, fax or e-mail 12 hours prior to sale.

9. Live internet bidding: In completing the bidder registration on the www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed Golding Young Limited, you (i) authorise Golding Young Limited, if they so wish to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via www.the-saleroom.com or info@swindellsautioneers.co.uk and (ii) confirm that you are authorised to provide these credit card details to Golding Young Limited www.the-saleroom.com or info@swindellsauctioneers.co.uk

10. Methods of payment: Accounts are due for settlement SALEDAY. The following methods of payments are acceptable. There will be NO EXCEPTIONS to this policy. To avoid undue embarrassment for yourself and our staff, please do not ask for preferential treatment. 1. CASH: Single payments up to £10,000 only. 2. DEBIT CARD: No limit with chip & pin. (CNP limit £500). 3. CREDIT CARD: (fee of 2%+VAT) No limit with chip & pin (CNP limit £500). 4. BANK DRAFS & BUILDING SOCIETY CHEQUES: No Limit, Due to forgeries, we will retain the goods for 3 working days to establish clearance of funds. 5. CHEQUES: Accepted up to limit of guarantee card for immediate clearance. For sums exceeding this, you are not known to the auctioneers’; we will retain the goods for 7 working days to establish clearance of funds.

11. Collection & Storage: Goods can be collected as soon as they are paid for and within two working days following the sale. If goods remain with us and we have no contrary written advice of your intentions the items will be moved to storage and reasonable labour charges levied and storage at the rate of £2+VAT per lot per day thereafter for small items and £10+VAT per lot per day for furniture and large items.

12. Postage & packing: Options for buyers are available please see auctioneer.