90
The Grudgings Brothers
The Grudging’s BrothersHenry Archer GrudgingsThe 1914 Star and Victory Medal awarded to Private Henry Archer Grudgings, Leicestershire Yeomanry, who was Killed in Action on the 13th of May 1915 in the Battle of Frezenburg Ridge, comprising 1914 Star, (1754 Pte H.A. Grudgings. Leic: Yeo.), 1914-1919 Victory Medal, (1754 Pte. H.A. Grudgings. Leic. Yeo.), star very fine, Victory Medal, Verdigris spots to Obverse and Reverse otherwise fine.Henry Archer Grudgings was one of seven children born to Daniel and his wife Emma five of whom survived into adult hood. Henry had an older brother Daniel and three sisters. Henry was educated at Loughborough Grammer School and started work as an electrical engineer with a lifting gear manufacturer. He enlisted at the en of January 1911, aged 19. IN the Great War he served with the 1/1st Leicestershire Yeomanry landing in France on the 2nd of November 1914. After participating in the Battle of Nonne Bosschen on the 11th of November 1914, the Yeomanry were employed in winter operations until called to the front line on the second day of the Battle of Frezenburg Ridge, 281 men of the Leicestershire Yeomanry went into Battle, 94 lost their lives, including Henry, 93 were wounded 94 came through unscathed.Henry is buried in Bedford House Cemetery, Enclosure No4, Plot V, Row F Grave 10.Extract the Loughborough Echo – 11th of May 2015The Leicestershire Yeomanry was ordered to the front at 5pm on May 12, 1915, having spent much of the previous severe winter engaged in digging parties and relief duties.Two hours later, the Regiment, under the command of Lt. Col. the Hon. P.C. Evans Freke, left its billets and dugouts on the western outskirts of Ypres, Belgium, and led the 7th Cavalry Brigade eastwards through the smouldering medieval town to the front line trenches on Frezenburg Ridge.Major J.P. Swain of Barkby wrote: “We were a merry crowd, singing, joking and laughing, little dreaming of what we were going to. Ypres burning in ruins, an awful sight, terrible stench.”It was raining heavily and having crawled their way on hands and knees through the deep, clinging mud, “all troops got settled into their trenches about 1am”. At 3.30am on May 13, “a day of ceaseless rain and shelling,” the German artillery launched an intense bombardment on a three mile front and the 7th Cavalry Brigade was “exposed to a perfectly hellish fire, which blew to pieces the trenches in front and the shelters behind.”The shelling went on until 6am when the Germans attempted to take the British trenches but were beaten back.A second, more violent bombardment began and eventually the Germans fought their way into the forward trenches of the heavily outnumbered British.The fighting, much of it hand-to–hand, raged for seven hours with no respite and for several hours the desperate and severely depleted Leicestershire Yeomanry was the only unit holding the line previously held by the entire 7th Cavalry Brigade.At great cost these brave men held on heroically and prevented the Germans from breaking through to Ypres.At 2.30pm the British artillery opened fire on the German lines and an hour later the 8th Cavalry Brigade emerged from the GHQ support lines and launched a counter-attack.The charge, led by the 10th Royal Hussars, “went forward with such a splendid dash that at the sight of them the gallant Leicestershire Yeomanry, reduced in numbers as they were, could not restrain themselves, but tumbled out of their trenches and joined in the rush”.Of the 281 men of the Leicestershire Yeomanry who went into battle, 94 lost their lives, including the Commanding Officer, two Squadron Leaders and the Regimental Sergeant Major.Ninety-three were wounded and only 94 came through unharmed, if anyone who survived the carnage and confusion of that day could be said to be unharmed.Arthur Conan Doyle wrote of the battle: “It was a most murderous affair, and they were only driven from their trenches when the trenches themselves were blasted to pieces.“It is doubtful whether any regiments have endured so much in so short a time. The Leicestershire Yeomanry suffered very severely.”Those who lost their lives are commemorated on the Carillon Tower and remembered each year at a service at the church at Newtown Linford and wreath laying at the Leicestershire Yeomanry War Memorial at Bradgate Park.This years’ service takes place at All Saints Church in Newtown Linford at 11am on Sunday, May 17.Fourteen soldiers of the Leicestershire Yeomanry from Loughborough and the surrounding villages were lost in one day at the Battle of Frezenburg Ridge on May 13, 1915.• Private Thomas Brookes, aged 22, younger son of James and Elizabeth Brookes of 24 Paget Street, Loughborough.• Private George Clowes, aged 19, son of Ernest and Sarah Clowes of Hathern Station.• Private William Ernest Hoe Corah, aged 25, son of William and Catherine Corah of Swing Bridge House, Loughborough.• Lance Corporal Bertie Diggle, aged 21, son of Sergeant Major George Davis Diggle and Mrs Ellen Diggle of 15 Swann Street, Loughborough.• Private Henry Archer Grudgings, aged 23, son of Daniel and Emma Grudgings of 14 Beacon Road, Loughborough.• Private Gilbert Edwin Hawker, aged 22, son of Frank and Winifred Hawker of 65 Toothill Road, Loughborough.• Private Percy Spencer Jones, aged 21, son of Annie Jones and stepson of Herbert Jones of 76 Gladstone Street, Loughborough.• Sergeant Henry Percy Kealey, aged 30, son of Henry William Cato Kealey of 14 Cartwright Street, Loughborough, and his first wife Alice Amelia Kealey (deceased), and stepson of Elizabeth Kealey; husband of Constance Kealey of 20 Freehold Street, Loughborough, and father of Constance and Dorothy.• Lance Corporal William Francis Kent, aged 25, son of Frederick Britton Kent and Lucy Mary Anne Kent of 34 High Street, Loughborough.• Trooper John Jesson Lucas, aged 20, son of Thomas and Sarah Jane Lucas of The Old Bull’s Head, 18 High Street, Quorn.• Major William Francis Martin, aged 39, son of Robert Frewen Martin and Henrietta Susan Martin of The Brand, Woodhouse Eaves; husband of Violet Martin of The Holt, Woodhouse, and father of Robert and Diana. Daniel GrudgingsThe MBE, Great War, Air Raid Precaution, Group of 7 awarded to Private Danieal Grudging, 14th Hussars comprising The Most Excellent Order of the British Empire, Member, Civilian, MBE, unnamed as issued , 1914-1920 British War and Victory Medals, (3111 Pte. D. Grudgings. 14- Hrs.), 1939-45 Defence Meda, Jubilee Medal 1935, Coronation Medal 1937, Coronation Medal 1953, all unnamed as issued, contemporarily mounted for wear, toned very fine.For Both Groups a total of (9) MedalsMBE The London Gazette the 12th of June 1958To Be Ordinary Members of the Civil DivisionDaniel Grudgings, Esq., Clerk Benfleet Urban District CouncilSold with: Henry: Copy Medal Index Card, Copy War Diary, Commonwealth War Graves Commission information extract Loughborough Newspapers, genealogical information.Daniel: Copy Medal Index Card, copy London Gazette entry, copy genealogical information
The Grudging’s BrothersHenry Archer GrudgingsThe 1914 Star and Victory Medal awarded to Private Henry Archer Grudgings, Leicestershire Yeomanry, who was Killed in Action on the 13th of May 1915 in the Battle of Frezenburg Ridge, comprising 1914 Star, (1754 Pte H.A. Grudgings. Leic: Yeo.), 1914-1919 Victory Medal, (1754 Pte. H.A. Grudgings. Leic. Yeo.), star very fine, Victory Medal, Verdigris spots to Obverse and Reverse otherwise fine.Henry Archer Grudgings was one of seven children born to Daniel and his wife Emma five of whom survived into adult hood. Henry had an older brother Daniel and three sisters. Henry was educated at Loughborough Grammer School and started work as an electrical engineer with a lifting gear manufacturer. He enlisted at the en of January 1911, aged 19. IN the Great War he served with the 1/1st Leicestershire Yeomanry landing in France on the 2nd of November 1914. After participating in the Battle of Nonne Bosschen on the 11th of November 1914, the Yeomanry were employed in winter operations until called to the front line on the second day of the Battle of Frezenburg Ridge, 281 men of the Leicestershire Yeomanry went into Battle, 94 lost their lives, including Henry, 93 were wounded 94 came through unscathed.Henry is buried in Bedford House Cemetery, Enclosure No4, Plot V, Row F Grave 10.Extract the Loughborough Echo – 11th of May 2015The Leicestershire Yeomanry was ordered to the front at 5pm on May 12, 1915, having spent much of the previous severe winter engaged in digging parties and relief duties.Two hours later, the Regiment, under the command of Lt. Col. the Hon. P.C. Evans Freke, left its billets and dugouts on the western outskirts of Ypres, Belgium, and led the 7th Cavalry Brigade eastwards through the smouldering medieval town to the front line trenches on Frezenburg Ridge.Major J.P. Swain of Barkby wrote: “We were a merry crowd, singing, joking and laughing, little dreaming of what we were going to. Ypres burning in ruins, an awful sight, terrible stench.”It was raining heavily and having crawled their way on hands and knees through the deep, clinging mud, “all troops got settled into their trenches about 1am”. At 3.30am on May 13, “a day of ceaseless rain and shelling,” the German artillery launched an intense bombardment on a three mile front and the 7th Cavalry Brigade was “exposed to a perfectly hellish fire, which blew to pieces the trenches in front and the shelters behind.”The shelling went on until 6am when the Germans attempted to take the British trenches but were beaten back.A second, more violent bombardment began and eventually the Germans fought their way into the forward trenches of the heavily outnumbered British.The fighting, much of it hand-to–hand, raged for seven hours with no respite and for several hours the desperate and severely depleted Leicestershire Yeomanry was the only unit holding the line previously held by the entire 7th Cavalry Brigade.At great cost these brave men held on heroically and prevented the Germans from breaking through to Ypres.At 2.30pm the British artillery opened fire on the German lines and an hour later the 8th Cavalry Brigade emerged from the GHQ support lines and launched a counter-attack.The charge, led by the 10th Royal Hussars, “went forward with such a splendid dash that at the sight of them the gallant Leicestershire Yeomanry, reduced in numbers as they were, could not restrain themselves, but tumbled out of their trenches and joined in the rush”.Of the 281 men of the Leicestershire Yeomanry who went into battle, 94 lost their lives, including the Commanding Officer, two Squadron Leaders and the Regimental Sergeant Major.Ninety-three were wounded and only 94 came through unharmed, if anyone who survived the carnage and confusion of that day could be said to be unharmed.Arthur Conan Doyle wrote of the battle: “It was a most murderous affair, and they were only driven from their trenches when the trenches themselves were blasted to pieces.“It is doubtful whether any regiments have endured so much in so short a time. The Leicestershire Yeomanry suffered very severely.”Those who lost their lives are commemorated on the Carillon Tower and remembered each year at a service at the church at Newtown Linford and wreath laying at the Leicestershire Yeomanry War Memorial at Bradgate Park.This years’ service takes place at All Saints Church in Newtown Linford at 11am on Sunday, May 17.Fourteen soldiers of the Leicestershire Yeomanry from Loughborough and the surrounding villages were lost in one day at the Battle of Frezenburg Ridge on May 13, 1915.• Private Thomas Brookes, aged 22, younger son of James and Elizabeth Brookes of 24 Paget Street, Loughborough.• Private George Clowes, aged 19, son of Ernest and Sarah Clowes of Hathern Station.• Private William Ernest Hoe Corah, aged 25, son of William and Catherine Corah of Swing Bridge House, Loughborough.• Lance Corporal Bertie Diggle, aged 21, son of Sergeant Major George Davis Diggle and Mrs Ellen Diggle of 15 Swann Street, Loughborough.• Private Henry Archer Grudgings, aged 23, son of Daniel and Emma Grudgings of 14 Beacon Road, Loughborough.• Private Gilbert Edwin Hawker, aged 22, son of Frank and Winifred Hawker of 65 Toothill Road, Loughborough.• Private Percy Spencer Jones, aged 21, son of Annie Jones and stepson of Herbert Jones of 76 Gladstone Street, Loughborough.• Sergeant Henry Percy Kealey, aged 30, son of Henry William Cato Kealey of 14 Cartwright Street, Loughborough, and his first wife Alice Amelia Kealey (deceased), and stepson of Elizabeth Kealey; husband of Constance Kealey of 20 Freehold Street, Loughborough, and father of Constance and Dorothy.• Lance Corporal William Francis Kent, aged 25, son of Frederick Britton Kent and Lucy Mary Anne Kent of 34 High Street, Loughborough.• Trooper John Jesson Lucas, aged 20, son of Thomas and Sarah Jane Lucas of The Old Bull’s Head, 18 High Street, Quorn.• Major William Francis Martin, aged 39, son of Robert Frewen Martin and Henrietta Susan Martin of The Brand, Woodhouse Eaves; husband of Violet Martin of The Holt, Woodhouse, and father of Robert and Diana. Daniel GrudgingsThe MBE, Great War, Air Raid Precaution, Group of 7 awarded to Private Danieal Grudging, 14th Hussars comprising The Most Excellent Order of the British Empire, Member, Civilian, MBE, unnamed as issued , 1914-1920 British War and Victory Medals, (3111 Pte. D. Grudgings. 14- Hrs.), 1939-45 Defence Meda, Jubilee Medal 1935, Coronation Medal 1937, Coronation Medal 1953, all unnamed as issued, contemporarily mounted for wear, toned very fine.For Both Groups a total of (9) MedalsMBE The London Gazette the 12th of June 1958To Be Ordinary Members of the Civil DivisionDaniel Grudgings, Esq., Clerk Benfleet Urban District CouncilSold with: Henry: Copy Medal Index Card, Copy War Diary, Commonwealth War Graves Commission information extract Loughborough Newspapers, genealogical information.Daniel: Copy Medal Index Card, copy London Gazette entry, copy genealogical information
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Important Information
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Terms & Conditions
TERMS AND CONDITIONS
1. APPLICATION AND CONTRACTUAL RELATIONSHIP
1.1. By making a bid, a Bidder acknowledges his acceptance of these Conditions and will be bound by them.
1.2. Baldwin's acts as agent for the Seller for the sale of a Lot to the Buyer unless Baldwin's is the owner of the Lot. As such, Baldwin’s is not responsible for any default by the Seller or the Buyer.
1.3. The contract for the sale of a Lot is between the Seller and the Buyer and is subject to these Conditions and the Seller's Conditions.
2. PRE‑SALE AND DESCRIPTIONS
2.1. Statements made by us in a Catalogue, during the course of the Auction or elsewhere, describing a Lot including its authorship, origin, age, size, condi‑ tion, genuineness, authenticity or value are intended as a guide for interested Bidders. These are statements of opinion only and should not be relied on as statements of fact. Illustrations of the Lots are for general identification only.
2.2. Lots by their nature are usually aged and varied in condition. The absence of any description of a defect, damage, modification or restoration in any
Catalogue does not imply that there are none.
2.3. Coins are graded to accepted UK standards to the best ability of our specialists. You acknowledge that the grading of coins is subjective and may vary from specialist to specialist, as the process is by nature an art and not a science. For this reason, we do not automatically accept and are not bound by the opinions of third party coin grading services for any purposes including before and after the sale of a Lot.
2.4. If you are interested in a Lot, we strongly recommend that you view it in person before the Auction and form your own opinion of the description of the
Lot.
2.5. We reserve the right to change any aspect of the published description of a Lot prior to the auction. Any change may be published on our website, dis‑ played at the auction, announced by the auctioneer prior to the sale and/or communicated in any other manner.
2.6. All copyright in Catalogues including images belongs to Baldwin's.
3. ABSENTEE COMMISSION BIDS
3.1. If you are unable to attend the Auction personally, you may submit a Commission Bid and we will endeavour to purchase the Lot on your behalf for the lowest price possible. You must submit this in writing using the Commission Bid Form and send it to us by post, fax, email or delivery to our offices at least 24 hours prior to the Auction.
3.2. For all Commission Bids, you must supply your name and address, contact telephone number and email. You must also provide the Lot number and description of the Lot, the amount of your Bid and any other information requested in the Commission Bid Form or by us. It is your responsibility to provide the correct information and to ensure that we have received your Commission Bid.
3.3. We do not charge for this service and therefore we will not incur any liability for executing (or failing to execute) the Commission Bid.
3.4. If you submit a Commission Bid verbally (whether by telephone or otherwise), we shall not be responsible for any misunderstandings (by either us or our agents or you) in relation to your Bid. All bids made in this way must be confirmed in writing before the auction
3.5. If we receive two Commission Bids for equal value for the same Lot, the Bid received first by us shall take precedence.
3.6. "Buy" commissions [and unlimited Commission Bids] will not be accepted.
4. AUCTION SALE
4.1. Before the auction, all potential Bidders must notify their name and address to the auctioneer and if required provide proof of identity to our satisfaction and bank or other credit references.
4.2. The highest Bidder for each Lot shall be the Buyer. If there is a dispute, the auctioneer shall have absolute discretion to determine the dispute including re-offering the disputed Lot for sale.
4.3. A Bidder must submit a bid for an entire Lot and each lot constitutes a separate sale. The auctioneer shall however have an absolute discretion to divide any Lot, to combine any two or more Lots, or to withdraw any Lot from the auction without giving any reason (including after the hammer has fallen). Bid‑ ding shall be regulated at the absolute discretion of the auctioneer. The auctioneer has the right to refuse any bid.
4.4. Subject to Condition 4.2, the contract for the sale of the Lot is concluded on the fall of the hammer.
4.5. All Lots are offered for sale subject to any Reserve.
4.6. You cannot cancel your purchase of a Lot once the hammer has fallen.
5. PAYMENT
5.1. The Purchase Price payable by a Buyer is the Hammer Price plus a Buyer’s Premium of 20% of the Hammer Price. VAT is payable in addition unless the
Lot is exempt or zero‑rated.
5.2. Any lot marked with G next to a lot in this catalogue denotes the item is ‘Investment Gold’ and, therefore, a VAT-registered trader can submit a claim to H M Revenue and Customs to recover the VAT element of the Buyers’ Premium.
5.3. Any lot marked with a X next to it is subject to import VAT at 5%, this will be added to the hammer price and is payable by the buyer if resident in the UK. If the lot is being exported outside the UK, this import V A T can be waived or refunded on proof of export.
5.4. The Buyer of a Lot shall pay the Purchase Price in full before the Lot can be delivered to the Buyer.
5.5. Except where Condition 5.4 applies, any part of the Purchase Price outstanding after the Auction shall be payable by you within 14 days of the date of the auction, the due date.
5.6. The Purchase Price is payable by you in full. You are not entitled to set-off any amounts that you claim are due from us or anyone else or make any other
deductions.
5.7. Unless we have agreed in writing otherwise, you shall act on your own account as principal in respect of the sale and therefore if you accept a commis‑ sion from a third party to bid on their behalf, you do so at your own risk and will remain personally liable (jointly with your principal) to us for the Purchase Price in accordance with these Conditions.
5.8. The methods of payment and surcharges are set out in the Catalogue.
5.9. If the Purchase Price has not been settled within 30 days of the auction date a £50 late payment fee will be added and interest will be charged at 2% per month from the due date of payment to the date that cleared funds are received whether that is before or after any legal judgment. This is without prejudice to any other rights that we have for non‑payment.
5.10. If you fail to comply with your obligations under these Conditions, the Lot, in respect of such non-compliance, may at our discretion be put up for sale at auction or privately and resold. In this case, you will be liable in full and will indemnify us for all losses, costs and expenses (including legal costs)
incurred as a result, including the costs of the resale and the amount (if any) by which the Hammer Price obtained on the resale is less than the Hammer Price
obtained on the original sale of the Lot to the Buyer.
6. RISK, TITLE AND DELIVERY
6.1. The risk of damage/loss to the Lot will pass to the Buyer on the fall of the hammer. Title in a Lot will not pass to the Buyer until the Purchase Price has
been paid in full.
6.2. Unless agreed by us, you should collect the Lot within 7 days of the date of the auction. We reserve the right to charge for storage and to resell by auction or privately without notice to you, if a Lot is not collected. Alternatively we will send the Lot to you by recorded post. Postage and insurance costs will be charged as additional costs.
6.3. Except in relation to Forgeries, you must satisfy yourself that the correct Lot has been delivered to you at the time of collection/delivery. We will not be responsible for any discrepancy which might be discovered after the Lots have been collected. If we have shipped the Lot to you, we will not be responsible for any discrepancies if you fail to notify us within 24 hours of receipt.
6.4. It is the Buyer's responsibility to obtain any necessary import, export or other licences required in relation to a Lot.
7. GUARANTEE FOR FORGERIES
7.1. Baldwin’s is a member of the International Association of Professional Numismatists and in accordance with the conditions of membership, provide a guarantee to the Buyer for all Lots against Forgeries on the terms set out in these Conditions (‘Guarantee’).
7.2. For the purposes of these Conditions, a ‘Forgery’ means an imitation that has been created with the fraudulent intent to deceive in respect of the author‑ ship, origin, date, age, period and the correct description does not correspond with the description in the Catalogue and as a result has a value significantly less than it would have been had it been genuine.
7.3. You must notify us in writing within one month of you becoming aware that the Lot may be a Forgery. The Lot must be returned to us in the same condi‑ tion as at the time of sale and you must submit evidence that the Lot is a Forgery, the onus being on you to prove that it is a Forgery.
7.4. You acknowledge that:
(a) we reserve the right to re-assess the Lot or engage at our expense any expert or authority considered by us at our sole discretion to have the necessary expertise to undertake a re-assessment of the Lot;
(b) following our re-assessment of the Lot, you agree to be bound by our decision as to whether or not the Lot is a Forgery.
7.5. You shall not be entitled to a refund for a Forgery if:
(a) the grounds for claiming that the Lot is a Forgery is based primarily on a difference of opinion between us and a third party providing coin grading services;
(b) the grounds for claiming that the Lot is a Forgery is by reason of any damage and/or restoration and/or modification work of any nature;
(c) the description of the Lot in the catalogue was in accordance with generally accepted opinions of numismatic specialists as at the date of publication or the catalogue indicated that there was a conflict of opinion.
(d) it has been proved that the Lot is a Forgery by applying a method that was unavailable or not generally applied within the industry of numismatics as at
the date of publication of the catalogue or was disproportionately expensive, in both cases as determined in our absolute discretion.
7.6. If we agree that the Lot is a Forgery then subject to:
(a) you being able to confirm in writing that you can transfer legal and beneficial title to the Lot to us or as directed by us free from all encumbrances or third party claims of any nature; and
(b) the exclusions in Condition 7.7,
then the sale of the Lot will be rescinded so that it is cancelled and we will
refund the Purchase Price to you in full.
7.7. Your right to return the Lot and receive a refund of the Hammer Price under the Guarantee is your sole remedy against us, our agents and sub- contrac‑ tors and/or the Seller for a Forgery. You will not be entitled to claim interest on the amount due to you. Neither we, our agents or sub-contractors nor the Seller shall be liable for costs, expenses, damages or any other liability however it arises relating to a Forgery.
7.8. In accordance with the restriction in Condition 10.2, the benefit of the Guarantee is personal to the original Buyer and is not transferable to a new owner
of the Lot or any other person.
8. EXCLUSION OF LIABILITY
8.1. Except where these Conditions expressly state otherwise, no warranty is given to a Buyer concerning a Lot and each Lot is sold as shown with all faults, imperfections, errors of description (including authorship, origin, age, size, condition or value) or lack of authenticity or genuineness and neither we nor the Seller nor any of our agents or sub-contractors will be liable for any damages, costs, expenses or any other liability arising out of the same whether or not caused by negligence.
8.2. Our maximum liability under these Conditions is the amount of the Purchase Price paid by you.
8.3. Neither we nor any of our agents or sub-contractors shall be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepre‑ sentation or otherwise:
(a) for loss of profits or business, depletion of goodwill and/or similar losses; loss of contracts; or
(b) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
8.4. We shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of our obligations in the Conditions, if the delay or failure was due to any cause beyond our reasonable control.
8.5. Nothing in these Conditions excludes or limits our liability for any matter which it would be illegal for us to exclude or attempt to exclude under English
law or for our fraud or fraudulent misrepresentation.
9. DATA PROTECTION
9.1. By agreeing to these Conditions, a Bidder acknowledges and agrees that we will use personal information of a Bidder for the purpose of the auction and ancillary matters, including providing a Buyer's personal details to any other person where necessary to enforce our rights under these Conditions.
10. GENERAL
10.1. These Conditions and the Seller's Conditions constitute the entire agreement between us. All other terms, warranties and representations, express or implied by statute or otherwise are excluded to the fullest extent permitted by law. No variation to these Conditions shall be legally binding unless agreed in writing by us.
10.2. All rights and benefits granted to a Bidder under these Conditions are personal to him and may not be assigned or in any other way transferred to any
other person. Any such assignment or transfer will be invalid and unenforceable against us.
10.3. A notice required or permitted to be given by either of us to the other under these Conditions shall, in the case of a Bidder, be to the last address notified to us and in the case of Baldwin's, shall be to its registered office.
10.4. No failure or delay by us in exercising any of our rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by us of any
breach of these Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.5. We may perform our obligations and exercise our respective rights through any of our group companies or assign our rights under these Conditions.
10.6. If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
10.7. English law shall apply to these Conditions and we both agree to the English courts having exclusive jurisdiction.
11. INTERPRETATION
11.1. In these Conditions:
‘Baldwins’, ‘auctioneer’, ‘us’ or ‘we’ means A H Baldwin & Sons Limited;
‘Bidder’ and 'you' means a person making, attempting to make or considering making a bid for a Lot including a Buyer;
‘Buyer’ means the person who makes the highest bid for a Lot which is accepted by the auctioneer and if the person is acting as an agent, will be a reference to its principal only if Baldwin's has accepted the agency in writing;
‘Catalogue’ means a catalogue, price list or other publication or price list; ‘Commission Bid’ means an instruction from a Bidder to us to bid on their behalf at the auction;
‘Conditions’ means these conditions of sale and any other additional terms notified to Bidders in writing in a Catalogue or otherwise (which includes notices displayed at the Auction) or as agreed in writing between Baldwin's and the Bidder;
‘Guarantee’ has the meaning set out in Condition 7.1;
‘Hammer Price’ means the amount of the highest bid for a Lot accepted by the auctioneer;
‘including’ or ‘include’ mean including without limitation and include without limitation, respectively;
‘Lot’ means any item deposited with us for sale at auction including items described against any Lot number in a Catalogue;
'Purchase Price' means the Hammer Price plus buyer's premium and VAT where applicable;
'Reserve' means a confidential price below which the auctioneer will not sell a Lot or will re-purchase on behalf of the Seller or for the account of Baldwin's. Unless otherwise specified at the time of Lot consignment, this will be set at approximately 80% of the Lot estimate at complete discretion of the auctioneer;
'Seller's Conditions' means the terms and conditions of sale between Baldwin's and a Seller for the sale of a Lot as displayed in the auction room, on our
website or available from Baldwin's.
11.2. Headings in these Conditions are for convenience only and shall not affect their interpretation.