RRP £290 Coffee Table

Standard Terms Applicable To All Auctions 

These terms and conditions set out the terms which apply to sellers, bidders, buyers and on the lots in which we offer. You should read them carefully before you bid.

These terms and conditions set out the terms on which we offer lots for sale and which apply to sellers, bidders and buyers. You should therefore read them carefully before you instruct us to sell goods or before you bid on goods as they will bind you once we accept your instruction to sell or on the placing of any bid. 

You should note that all our auctions include the opportunity for bidders to attend at the sale and therefore they are public auctions within the meaning of the Consumer Rights Act 2015 (“the CRA”) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). All goods are sold as second-hand unless otherwise stated. If goods are second-hand, then even if you are a consumer (i.e. not purchasing goods in the course of your trade or profession), most of the rights set out in the CRA and Regulations do not apply to your purchase. If you are in doubt as to what rights apply to this contract, you should ask us or obtain legal advice as we will give effect to your statutory rights if they are applicable to your contract with us.  

Be aware that the catalogue is a 'guide only' we strongly advise all our customers to utilise our appraisal service or view lots in person prior to bidding.

Definitions

The following definitions shall apply to this contract 
1.1 “We / Us” are Global Auctioneers, Adelaide Mill, Gould Street, Oldham, OL1 3LL.

1.2 “You” are the customer (you may be a Bidder, a Buyer or a Seller). 

1.3 “the Seller” is the person selling an item. 

1.4 “the Buyer” is the person successfully bidding for an item. 

1.5 “a Bidder” shall refer to any bidder, whether successful or not. 

Agency 

We act throughout only as agents for the Seller (except where we are stated specifically wholly or partly to own any lot as principal). We do not act as agent for any Bidder or Buyer unless we specifically agree otherwise in writing. 
We accept no personal liability for any contract made at or prior to any auction between a Seller and a Buyer or in respect of the sale of any item offered in any of our auctions and as such we are not responsible for any default by Seller or Buyer. However, since we facilitate all sales as agent, we are the appropriate point of contact for any Buyer who has a concern about any sale. 

Conduct of Sales 

We shall have full control of the conduct of all auction sales. This means that in particular we may do any of the following without giving any reason: 
i. Reject any bid or refuse to accept any bid from any person; 

ii. Withdraw, divide or consolidate any lots offered for auction at any time; 

iii. Offer or withdraw a reserve price; 

iv. Determine any dispute about which is the final bid or whether an auction has concluded and if so at what price; 

If we fix a minimum bid for any auction, or fix a reserve price, we will make that clear and that shall be binding on all Bidders. All our Auctions have no reserve unless stated otherwise. 
Whether or not any bid is successful is entirely at the discretion of the auctioneer conducting the auction and we shall be entitled to resolve any and all disputes between bidders or in respect of any aspect of the conduct of an auction. In such an event, we may immediately determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot. 
Subject to the preceding discretion, the bidder offering the highest price shall become the Buyer of any item offered for sale at an auction. VAT (at the prevailing rate) will be added to each successful bid unless a lot is zero rated or is VAT exempt, together with the Buyer’s premium and Online Charge as detailed at condition 9. 
Reserves and commissions given by telephone are accepted at sender’s risk and must be confirmed in writing before the date of sale. 

After the Sale ends

WARNING!!

ALL customers MUST settle their invoices within 24 hours of an auction ending (or the Monday after a Saturday Live Sale).

Failure to do so WILL result in a  Re-lotting/Admin fee being charged to the customers stored payment details.

The Re-lotting/Admin fee will equal 15% of the customers total invoice.

Failure to settle any invoice will also result in the customer being barred from bidding in any future sales and also reported to I-bidder where their account will be suspended.

After Purchase 

The Buyer must pay the balance of the purchase price plus a buyer’s premium of 20% plus VAT and where applicable, the Online Charge of 5% plus VAT. This must be paid by cash or banker’s draft or direct electronic bank transfer by no later than 12 pm on the next business day after the day of the sale (except where specified otherwise in the written details of the terms of a particular sale). 
Lots on which VAT is payable by the Buyer are indicated in the catalogue. VAT is payable at the rates prevailing on the day of the auction and will be added to the successful bid. 
The Buyer is responsible for the removal of the goods. No lots may be removed before payment has been made in full and the lot shall be removed at the expense of the Buyer once removal is authorised by us. All removals will be supervised by the saleroom porters. Lots may only be collected by the declared Buyer or their nominated courier with confirmed order documentation not by anyone else. 
The Buyer is liable for a storage charge of £20 +VAT per lot per day or £40 per pallet per day whether or not the lot has been paid for starting from the day after payment is due in accordance with clause 9 and continuing until the lot is removed or resold. 
If the Buyer fails to comply with conditions 9, 11 or 12, the lot shall be resold by public auction or private sale. The deficiency (if any) arising upon the resale as against the original price together with the expenses of such resale (plus any VAT chargeable thereon) shall be due as a debt from the Buyer in default upon the first sale. 

Non-payment of invoices

Any customer who refuses to pay an invoice after winning bids within our auction sales will be subject to a 15% surcharge which will be debitted from the customers card which was used to register for the auction they bid in.

Also, the remainder of the invoice will be sent over to a third party debt collection agency for recovery.

Liability 

The basic principle of our auctions is that lots are sold as seen. This means that it is the responsibility of the bidder to inspect any lot that they are interested in prior to bidding, if you wish to know more about the lot. We will allow all bidders to inspect any item to verify the contents of the lot so far as it is possible to do so (for example, it may not be possible to inspect the inside of sealed packaging). 
All items sold may have faults and imperfections. Our lots include used items, salvage, raw returns, ex-display, repossessed and seized goods: no grading or guarantee should be read into any description and such goods are deemed to be second-hand. Illustrations in catalogues are for general identification only. Buyers should satisfy themselves prior to the auction as to the condition of each lot including its size or quantity (if relevant), packaging, state or quality, or whether it is in working order and the Buyer should check on these elements if they are significant rather than rely on any general description. If you are a Buyer, you confirm that by taking part in this auction that you are taking responsibility for your own inspection of the item and you are not entitled to any claim including damages or rescission by reason of any error or mistake as to the quality of any item sold. 
Any statement by us or any of our staff as to any lot is a statement of genuine opinion only and every person should rely on their own judgment as to all matters affecting the lot. Any statement of opinion given by any of our staff will at most be based on a summary visual inspection and not a detailed inspection nor will it include looking inside any sealed packaging. Neither the Seller nor we, our servants or agents makes or gives, nor has any person in the employment of the auctioneers any authority to make or give, any representation or warranty in relation to any lot and any implied conditions or warranties are excluded (so far as is permissible by law). 
In the case of sales of cars, we act as agent for the Seller and it is their responsibility to ensure that the car is sold without outstanding finance or defects in title. Any statement as to mileage is a statement of what is recorded on the car’s odometer and no warranty is given in respect thereof that the odometer is correct. 
No warranty is given by us that any items of plant machinery or equipment contained in the lots necessarily comply with the Health and Safety at Work Act 1974 or any other statutory or regulatory requirement for any such plant, machinery or equipment and compliance with any such is entirely the Buyer’s responsibility (or that of the Seller if there are regulatory or statutory obligations on the Seller in particular cases). 
We do not as auctioneer warrant the Seller’s title to any item. The Seller is responsible for ensuring that it has title to the goods in accordance with s. 12 of the Sale of Goods Act 1979. However, if there is any query as to the Seller’s title, the Buyer should contact us and we will seek to resolve any such issue with the Seller. 
Neither the Seller nor we, our servants or agents are responsible for the authenticity of any lot. However, if Buyer has wishes to challenge the authenticity of a lot, the following apply: 
20.1 Any challenge to the authenticity of a lot must be commenced by the Buyer providing notice in writing that in his view the lot is a forgery within 14 days after the sale (this has to be done promptly to ensure that authenticity is challenged before we pass on the sale price to the Seller); 

20.2 Within 28 days after such notification the Buyer should return the lot to us in the same condition as at the time of sale accompanied by evidence (the burden of proof to be upon the Buyer) to satisfy us that, considered in the light of the entry in the catalogue, the lot is a forgery. The Buyer must also confirm that they are still able to transfer a good and marketable title to the lot free from any third party claims. 

20.3 In that event, the sale of the lot will be rescinded and the purchase price refunded. 

20.4 The Seller and the Buyer agree to be bound by our decision. In deciding whether or not the lot is a forgery we shall be entitled to seek the views of any expert or other authority 

If notwithstanding these terms and conditions, we should be found liable to any Buyer or Bidder as a result of any undertaking, representation or warranty given in respect of any item provided by a Seller, or any information or description of an item provided by a Seller, or any fair and reasonable description provided by us based on the appearance or other features of the lot at the time of the description, or based on a visual inspection of the lot or based on any defect in title or quality or otherwise or the need to rescind a sale because the item is not genuine or otherwise, then the Seller shall indemnify us against any liability and costs arising out of any such undertaking, representation or warranty and howsoever arising. 

Property 

Prior to the sale of any lot, it remains the property of the Seller. It is the Seller’s responsibility to ensure that any item is insured and we will not be liable to the Seller if any item is lost, stolen, damaged or destroyed prior to deliver to our premises. However, we will take reasonable care for the safekeeping of items while they are stored in our premises and we will keep all items insured for damage or theft while in our premises. If a Seller withdraws an item from sale or it is for any other reason to be redelivered to the Seller, it becomes the Seller’s responsibility to ensure that it is insured from the time it leaves our premises and we will not be liable to the Seller if any item is lost, stolen, damaged or destroyed at any time after it leaves our premises. 
Once the hammer has fallen and a successful bid has been declared, the item is immediately therefrom held by us on behalf of the Buyer. We remain responsible to take reasonable care for the safety and security of the item while it remains on our premises and we will keep all items insured for damage or theft while in our premises. 
As soon as any item leaves our premises, neither we nor the Seller are responsible or liable if any item is then lost, stolen, damaged or destroyed. The Buyer should therefore ensure that the purchase is covered by insurance if appropriate from the time the Buyer arranges for it to be collected from us 
Any Seller must notify us at the time of delivery and any Buyer must notify us at the conclusion of the relevant Auction if an item is of particular value so that we can notify this to our insurers; for a Seller, this is if the item is unusual and may need specialist insurance, and for a Buyer this would be because the Buyer considers that the true value of the item is greater than the Auction sale price. In the event of any loss or damage to any item, if any insurance claim by us is void because of any lack of information from the Seller or Buyer, we shall not be liable for such loss or damage to the Seller or Buyer (as relevant). 
Property in the item will however only pass to the Buyer when the purchase price has been paid in full (except in the case of any consumer sale within the Consumer Rights Act 2015 in which case property passes on collection by the Buyer or their nominated carrier). 

Delivery 

Once the Buyer has paid the purchase price it is your responsibility to organise delivery via our customer services, who will arrange collection and delivery at your request and under your instruction and all item(s) shall be shipped at your own expense. Once the carrier receives the goods then we will cease to be responsible for them and any issue arising thereafter regarding late delivery or delivery to the wrong address is an issue between you and your carrier.

In that event, should you wish to return the goods to us for any reason or be entitled to rescind the sale, we will organise a carrier but you will need to pay for the costs of the goods being returned (unless you are a consumer within the meaning of the CRA in which case the position is as set out below). 

Visiting our premises 

Every person on our premises before, during or after the sale shall be deemed to be there at their own risk and with notice of the condition of the premises and their contents. Such persons shall have no claim against us in respect of any injury sustained or any accident which may occur from any cause whatsoever save for injury or death caused by our negligence or otherwise where such liability cannot be excluded by law. 
The Buyer shall be responsible for any loss of or damage to any item on our premises caused by the Buyer or by any agent or employee of the Buyer or any independent contractor engaged by the Buyer to inspect or transport any item to or from our premises, and the Buyer shall indemnify us for any loss or damage caused thereby.. 

General 

Any waiver by us of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision. 
This document sets out all the terms and conditions which apply between us and any Seller, Bidder or Buyer and is the entire agreement and understanding between all parties hereto. These terms and conditions may only be modified by an instrument in writing signed by our properly authorised representative. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation as to these terms save insofar as the same has expressly been recorded in writing and signed by us. 
If any part of these terms and conditions should be held to be unlawful, void or unenforceable, then that provision shall be considered to be severable from the remainder of these terms and conditions and shall not affect the validity and enforceability of the remaining provisions hereof. 
These conditions shall be governed by and construed in accordance with English law. All transactions to which these conditions apply and all connected matters shall also be governed by English law. Any dispute arising out of any auction or any matter arising from our dealings with any Seller, Bidder or Buyer shall be subject to the exclusive jurisdiction of the court.

Shipping

Goods are shipped by us as agents for you only, in the event of loss or damage we do not bear any responsibility. All carriers will only pay out a fraction of the value of the goods transported. It is up to you to arrange your own transit insurance or bear the risk yourself