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NEWARK AUCTION CENTRE  

Terms & Conditions

General Conditions of Sale as issued by Gascoines Auctioneers and Valuers

The following Conditions of Sale must be strictly adhered to and regulate the sale of each Lot to any Vendor, Bidder or Buyer who has been approved by Gascoines Auctioneers and Valuers (henceforth referred to as the Auctioneers). By participating in a sale, you will be judged to have read, understood and accepted these terms and are therefore bound by them.

All persons attend auctions at their own risk. Under no circumstances will the Auctioneers, nor the Vendor be individually or collectively held responsible for any loss or damage caused to individuals or their property present on the Auction Centre site or car park.

The Auctioneers reserve the right to refuse approval to any Buyer or online Bidder at the former’s own discretion.

All bidders need to provide a £200 deposit, if requested. This can be paid via a bank transfer or over the phone. This is fully refundable via bank transfer. The bidder can request this back at any time when they wish to discontinue bidding by emailing info@newarkauctioncentre.com stating this along with all the relevant details. Refunds may take up to 5 working days.

Conditions Regulating the Conduct of the Sale

The highest bidder acknowledged as such by the Auctioneers will be the Buyer. In the event of doubt, on the part of the Auctioneers as to the validity of any bid, the Auctioneers will have absolute discretion to determine the successful bidder, cancel the sale, re-sell the Lot or take any such remedial action as the Auctioneers see fit.  

WARNING: All items are ‘sold as seen’. Many of the pieces sold are factory seconds, end-of-line, surplus stock returns or second hand and may in some way be damaged, incomplete or faulty. It is not the Auctioneers’ responsibility to inform of any damage. All items are purchased at the Buyer or Bidder’s own risk and no guarantees or warranties can be provided by the Auctioneers.

The Auctioneers will always strive to describe accurately any Lot that is to be sold, but may not be held responsible for any errors or omissions, regarding descriptions, measurement, weight, quantity or quality. It is strongly advised that Buyers and Bidders physically inspect the Lot(s) and satisfy themselves regarding the condition of each Lot they intend to purchase, in advance of any bidding taking place.  All images and descriptions are for guidance purposes only.

Buyers should check the safety of any mechanical, electrical or technical items purchased before attempting to use them and should take advice from an engineer, electrician or other qualified technical expert as to the fitness of goods for any particular purpose. The Auctioneers cannot accept liability for any damage sustained due to disregard of this warning.

Viewing

Our salerooms are open for viewing on Wednesdays 12 noon until 7.00pm and Thursdays 8.30am until 10.00am. Our weekly auction begins at 10.00am every Thursday.

Trademarks and Branding

Lots in any auction that have been physically de-branded must remain de-branded. No original trademarks or vendor/client logos or images may be copied or used by the successful Bidder in any circumstance. Any Buyer deemed in breach of this risks permanent exclusion from future auctions.

Please be aware that Gascoines Auctioneers and Valuers charge a Buyer’s Premium at 15%, for auction services, on all Lots sold. Buyer’s Premium is also subject to the addition of VAT at the current rate. For example - 

£100 (Hammer Price) 

 + VAT @20%                                                                  £20

 + Buyer’s Premium @ 15%                                               £15      

 + VAT on Buyer’s Premium @20%                                     £3

+ i-bidder Internet Surcharge inc.VAT (@3%+VAT)                £3.60

                                                Total to pay                    £141.60

 If the hammer price is £100 and the lot that you have bought is not subject to VAT, you would pay:

£100 (Hammer Price)   

+ Buyer’s Premium (including VAT)                                                £18    

+ i-bidder Internet Surcharge inc.VAT (@3%+VAT)                        £3.60

                                                         Total to pay                    £121

Many of the pieces that NEWARK AUCTION CENTRE sell are either factory seconds, end-of-line, surplus stock, returns or second hand and may be in some way damaged, incomplete or faulty. It is not our responsibility to inform of any damage.All lots are sold as seen and no guarantees or warrantees can be provided by NEWARK AUCTION CENTRE. All purchasers are strongly recommended to physically examine.

Please note that there is also a 3% +VAT i-bidder internet surcharge for all purchases made online.  For example -

£100 (Hammer Price)

 + VAT @20%                                                                                £20      

 + Buyer’s Premium @ 15%                                                             £15  

 + VAT on Buyer’s Premium @20%                                                   £3

+ i-bidder Internet Surcharge inc.VAT (@3%+VAT)                              £3.60

                                                                      Total to pay            £141.60

If the hammer price is £100 and the lot that you have bought is not subject to VAT, you would pay:

£100 (Hammer Price)

+ Buyer’s Premium (including VAT)                                               £18    

+ i-bidder Internet Surcharge inc.VAT (@3%+VAT)                        £3.60

                                                                Total to pay            £121.60

The highest accepted Bidder, subject to the Vendor’s Reserve (if any) is deemed the successful Buyer.

Every Bidder shall be deemed to act as principal, unless there is prior arrangement with the Auctioneers that he acts as an agent on behalf of a named principal.

Gascoines Auctioneers and Valuers reserves the right at all times, and at its own discretion, to refuse admission to the premises or car park and to refuse attendance at the auctions of any person. No persons under the age of 16 will be permitted to bid at the auction or online.  

The Auctioneers reserve the right to refuse to accept bids from any person without stating a reason.

The Auctioneers reserve the right on behalf of themselves and the Vendor:

• To set a reserve price
• To rearrange, consolidate or withdraw any Lot(s)
• To vary the order of the sale

The Auctioneers shall not be obliged to announce the reserve price

No person may advance on any bid less than the sum named by the Auctioneers.

No bidding may be retracted unless authorised by the Auctioneers.

Under no circumstances may the transferring of any Lot(s) from individuals or agents to any other parties be allowed.

No estimates made by the Auctioneers or their employees, whether in writing or orally, may be relied upon as a prediction of the actual selling price.

PAYMENT AND COLLECTION  

Payment for Lots purchased must be by cash (sterling), Delta and Switch, cheque to the value of current banker’s card, building society counter cheque or banker’s draft. Business cheques can only be accepted by prior arrangement. Credit cards carry a surcharge of 3%. We do not accept American Express.

The Buyer must pay the whole of the purchase price including any VAT, Buyer’s Premium or any additional surcharges. If the Buyer fails to make payment, the Auctioneers have an absolute discretion to cancel the contract of sale. The Auctioneers as agents of the vendor, shall at its absolute discretion and without prejudice to any other rights it might have, be entitled:

• To rescind the contract for sale of the Lot(s) sold to the defaulting Buyer at the auction
• To retain the Deposit and to pursue the Buyer directly for all monies owed
• To enter the Lot(s) to be re-sold; the defaulting Buyer must pay the original invoice. Once this has been paid, we can arrange for the Lot(s) to be re-sold.
• To remove, store (either at the premises or elsewhere) and insure, if necessary, the Lot(s) at the expense of the defaulting Buyer
• To retain that or any other Lot(s) sold to the same Buyer at the same or any other auction and release it only after payment of the Hammer Price
• To reject any bids made by or on behalf of the defaulting Buyer at any future auctions.
• For every calendar day following the day on which the Lot(s) should have been collected from the premises by the Buyer, the Buyer will incur a daily storage charge of £5 +VAT per Lot stored, without exception.

Credit will not be given to any Buyers.

The Auctioneer’s hammer is final. Once your bid has been accepted, it is binding. This also applies to commission bids. Once an item has been sold, it becomes the Buyer’s responsibility. However, the Buyer is not entitled to move any Lot until payment has been made in full for each Lot purchased by him at the auction.

Gascoines Auctioneers and Valuers offer no assurances or guarantees on any Lot(s) that we sell. We can offer no refunds, nor do we accept the return of goods, once your bid has been successful.

Lots purchased can be paid for and collected up to 5.30pm on the day of sale. All items must be collected by 5.00pm on the Friday following the weekly Thursday sale (unless you have made a prior arrangement with staff). Storage charges of £5 +VAT per Lot, per day will be incurred on goods not collected within the allotted time. Any item held in storage is done so at the Buyer’s own risk. The Auctioneers are not responsible for any damage that may occur.

Access for the purpose of removal of Lot(s) will be given only during normal business hours.

The Buyer is responsible for any labour and equipment necessary to collect their Lot(s) and must comply with any directions which may be given by staff.

The Buyer shall be responsible for any damage done to adjoining or other Lot(s) or to the Premises by the removal of their Lot(s), caused by the Buyer, their agents or carriers employed by him. Such damage must be made good by or at the expense of the Buyer. Any estimated cost of repair is to be fixed by the Auctioneer, whose decision is binding to the Buyer.  

The Buyer is also responsible for any loss or damage to any person resulting from the removal of his Lot(s) and indemnifies the Vendor or the Auctioneers against any liability whether or not such damage was caused by the negligence of the Buyer or his agent.

Online Bidding

The Auctioneers do not accept liability for the placing of bids on iBidder, or for the failure in any way for purchasers failing to secure their preferred Lot(s). The Auctioneers will not be held responsible for any failure of the internet or related hardware and software. Furthermore, they reserve the right to cancel an auction and re-offer Lot(s) if they suspect any undue interference or tampering with the online bidding system.

Delivery

Gascoines Auctioneers and Valuers offer limited delivery services, by prior arrangement. However, this does not include freight or pallet delivery and only applies door to door. We do not offer any installation services.  

Insurance and Risk

Goods are held at the Vendor’s risk until sold. Ownership is conferred to the Buyer on the fall of the hammer.

All goods purchased are the Buyer’s responsibility from the moment they are sold to him, on the fall of the Auctioneer’s hammer. The Buyer should make his own insurance arrangements from that point.

The Auctioneers will take reasonable care of the goods whilst they are on the premises and also in the event of staff members helping to remove the goods after the successful sale.

Liability for Accidents

The Buyer must undertake such reasonable and practical steps as are sufficient to ensure that his purchase will be safe and without risk to health and safety when properly used. 

The Auctioneers will not accept liability for any accident or injury sustained by any person or persons who may attend the premises for the purpose of auction, inspection, purchase, collection or any other business.

Disputes

In the event of any disputes arising, these General Conditions of Sale shall prevail. The Auctioneers reserve the right to escort persons from the premises.

Amendments

The Auctioneers have the right to revise or amend these Terms to reflect future implementations or conditions.

Privacy

The Auctioneers are committed to the privacy of our users and will only use the personal information given to provide auction services.

General

No waiver by the Auctioneers of any of these terms shall be enabled unless the Auctioneer expressly says that it is a waiver and the Auctioneers tell the Buyer and Vendor in writing. If the Auctioneers do not exercise any of its rights or remedies under these terms, that will not mean that the Auctioneers have waived any of its rights and will not mean that the Buyer does not have to comply with the Terms.

In the event that any provisions of the Conditions of Sale should be held unenforceable for any reason, the remaining terms shall remain in full force and effect.

These Terms are governed by English Law and the Auctioneers, the Vendor and the Buyer all agree to the exclusive jurisdiction of English courts.  

(Gascoines Auctioneers and Valuers – January 2015)