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Conditions of Sale – buying at Irita Marriott Auctioneers & Valuers Ltd  

Irita Marriott Auctioneers will offer the Lot(s) listed in our Catalogue, at the ‘saleroom.com’, ‘iritamarriottauctioneers.co.uk’, ‘easyliveauction.com’ and ‘invaluable.com’ in accordance with the following conditions of sale. By registering to bid at our auctions, whether that will be over the telephone or online, you agree to these terms and you should read them carefully before entering a bid. The Conditions apply to the services we supply to you as Bidder and Buyer regarding the purchase or holding by Irita Marriott of Lot(s).  

Why you must read them  

All Bidders and Buyers (including persons authorised to sell Lot(s) by the true  owner), prior to bidding on Lot(s) for sale in our salerooms, whether by telephone or online and in delivering Lot(s) to our premises or requesting  to arrange for the collection of any Lot(s) from our premises, should read  through the terms and associated clauses carefully. If you bid on a Lot(s) it is on the basis that you accept these terms and conditions. 

Interpretation of conditions  

1. Definitions  

1.1 In the Conditions, the following terms shall have the following meanings unless the context otherwise requires:  

“Absentee Bids” means a bid on Lot(s) where the Bidder is not able to be physically present, be it through an agent or by telephone, or online, a Bidder can place an absentee bid prior to the start of an auction.  

“Auctioneer” means the firm of Irita Marriott Auctioneers and Valuers Limited, or its authorised auctioneer, conducting auctions by accepting bids and declaring Lot(s) as sold on behalf of the Vendor.  

“Bidder” means any person bidding on Lot(s) at auction.  

“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including where bidding as agent.  

“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to Irita Marriott Auctioneers and Valuers Ltd by the Buyer at a flat rate of 24% of such Hammer Price. Irita Marriott Auctioneers and Valuers Ltd is currently not VAT registered.

“Catalogue” includes any advertisement, brochure, estimate, list or other publication of Irita Marriott Auctioneers and Valuers Ltd containing details of Lot(s).  

 “Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, date, origin, culture, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue. 

“Expenses” means, in relation to the sale or aborted sale of any Lot(s) Irita Marriott Auctioneers and Valuers Ltd charges and expenses incurred, including (but not limited to) legal  expenses, charges and expenses for insurance, catalogue and other  reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and postage and packing costs.  

“Hammer Price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer, excluding the Buyer’s Premium, any applicable expenses and any applicable VAT.  

“Live Online Bidding” means the live online bidding performed via ‘the saleroom.com’, ‘easyliveauction.com’, and any other Irita Marriott authorised online platforms.  

“Lot(s)” means items offered for sale at Irita Marriott Auctioneers and Valuers Ltd.  

“Irita Marriott” “We” “Us” “Our” means IRITA MARRIOTT AUCTIONEERS AND VALUERS LIMITED, incorporated and registered in England with company number 14941105 at Companies House, Cardiff.

“Irita Marriott Auction” means a public auction organised and administered by Irita Marriott Auctioneers and Valuers Ltd.  

“Online Bidding Fee” means the additional charge levied on Lot(s) bought via the online bidding facilities at ‘the-saleroom.com’, or ‘easyliveauction.com’ where applicable.  

“Reserve” the minimum price that the Vendor is willing to accept for their Lot(s) sold at auction.  

 “Sale Proceeds” means the net amount due to the seller, being the hammer price of the lot sold, less commission at the stated rate and any other amounts due to us by the seller in whatever capacity and however arising. 

“Vendor” means the person(s) (including their agent (other than Irita Marriott), executors or personal representatives) offering Lot(s) for sale at any Irita Marriott Auction. If the Vendor is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Vendor set out in the Conditions of Business for selling through Irita Marriott Auctioneers and Valuers Ltd.  

“Vendor’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to Irita Marriott by the Vendor at the agreed rate of 18% of such Hammer Price.  

“Working Day” means a day other than a Saturday, Sunday or public holiday in England. 

1.2 In these Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.  

1.3 The headings and sub-headings in these Conditions of Business do not form part of these Conditions of Business themselves but are for convenience only.  

2. Registration process to bid at Irita Marriott Auctions  

2.1 All prospective bidders must complete a registration form and provide the information we require to register you to bid. This includes identification to verify you (such as a passport or driving licence) and proof of your address dated from the last three months (council tax bill/bank statement/utility bill are accepted) and also your bank details. Details of how we use your personal information can be found in our Privacy Policy on our website. We may, at our sole discretion, if you fail to complete any identification and anti-money laundering checks to our satisfaction, decline to permit you to register as a Bidder and also entry into our premises. We also reserve the right to deny entry to any Irita Marriott Auction to any individual at our sole discretion.  

2.2 Please note we do not accept cash or credit card payments.

2.3  We act as agent for the Vendor and any contract for the sale of Lot(s) at the Auction, whether placed in person, by telephone, or through  Live Online Bidding, will be made between the Vendor and the Buyer  (except where we have a direct or indirect financial interest in the Lot(s) in which case we will act as principal.) If you are bidding solely for yourself you will be held personally liable to pay the purchase price for the Lot(s) and all other sums due.  

2.4 All bids must be made in English.  

3. If you are bidding on behalf of another person 

3.1 If you are bidding on behalf of another person who has been approved by us, you will act as agent for the third party and you and the third party will be jointly and severally liable for the Purchase Price for the Lot(s) plus any other Expenses and fees we reasonably incur. 

4. Absentee bids

4.1 If we receive two or more Absentee Bids on a particular Lot(s) for the same amounts being the highest accepted bids, we will attempt, to the best of our ability, to sell the Lot(s) to the Bidder whose Absentee Bid was received or accepted first by us.  

4.2 Due to other commitments at the busy period prior to the start of an Auction, we do not accept liability for any errors or omissions when dealing with Absentee Bids received by telephone, in writing or online.

5. Online bids  

5.1   We also accept bids through Live Online Bidding at 'the-saleroom.com', ‘easyliveauction.com’ and 'iritamarriottauctioneers.co.uk’. For bidding via online portals - As well as these Conditions of Sale, the Internet bids through Live Online Bidding are governed by the respective online bidding providers’ terms of use. In the event of any conflict between these Conditions of Business and the saleroom.com terms of use, our terms will override. You agree that you will also strictly comply with all local laws and regulations in force if you are bidding online outside of the United Kingdom.  

5.2   At some Irita Marriott Auctions, there may be a video or digital screen in operation for the convenience of bidders using Live Online Bidding.  Errors may occur in its operation, the quality of the image reproduced on the screen and/or the correspondence of the screen image to the original. We do not accept liability for any such errors due to events beyond our reasonable control.  

6. Conduct of an Irita Marriott Auction  

6.1 We have discretion at any time to refuse any bid, withdraw Lot(s) or re-offer Lot(s) for sale if we believe there may be an error or dispute. We do not accept liability for any errors or omissions for any bids received by telephone, or online if the error/omission was beyond our reasonable control.  

7. Bidders duty to inspect the Lot(s)  

7.1 Our knowledge of the Lot(s) is dependent on the information provided by the Vendor and we are not able to carry out exhaustive due diligence of  the Lot(s). Due to the nature of the Lot(s) sold, they are likely due to age to show signs of wear and tear, other imperfections, damage, restoration or repair. To assist you when inspecting Lot(s) we do provide condition reports upon request. You will also note that Lot(s) may have other faults not expressly referred to in the Catalogue or condition report. You acknowledge this and accept responsibility for carrying out inspections  and investigations to satisfy yourself as to the Lot(s) you may be  interested in.  

7.2   Condition Reports - Reports on the condition of any Lot(s) are offered by Irita Marriott Auctioneers and Valuers Ltd as a statement of opinion only, and not of fact. Irita Marriott Auctioneers and Valuers Ltd are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given Lot(s) prior to bidding. Irita Marriott Auctioneers and Valuers Ltd will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.  

7.3 Viewing is available by appointment ONLY both for in person or virtually.

7.4 If you fail to take any of the above measures, you do so at your own risk.  You will not be able to withdraw from the sale once your bid has been accepted without incurring financial consequences. 

7.5 We make every effort to ensure the accuracy of any statement regarding the Lot(s), made verbally or in our catalogues; however we give no representations or warranties on any statement we make in respect of age, attribution, authenticity, authorship, condition, date, origin and provenance of the Lot(s), made verbally or in our catalogues.  

7.6 If we sell a Lot(s) at Irita Marriott Auctioneers and Valuers Ltd, which prove to be a Deliberate Forgery, we shall refund only to the Buyer the total amount paid, this being the total amount the Buyer can recover from us. Neither we nor the vendor will be liable for any special, indirect or consequential losses or damages that the Buyer incurs as a result of the Lot(s) proving to be a Deliberate Forgery. In the event the Buyer believes the Lot(s) to be a Deliberate Forgery, the Buyer must:  

7.6.1  notify us (i) no later than three years following conclusion of the sale of the relevant Lot(s); (ii) of the date of the Auction the relevant Lot(s) were purchased at and (iii) within 14 days of  the Buyer receiving any information that makes them question the authenticity or attribution of the Lot(s);  

7.6.2  be able to transfer good title in the Lot(s) to us free from any  charges or third party claims; and 

7.6.3 on our instruction, and at their cost, instruct two independent experts agreed by the parties to provide advice on whether the Lot(s) are a Deliberate Forgery. After deliberating the contents of the expert reports, and at our sole discretion (not being bound by  such expert’s conclusions), if we determine that the Lot(s) is a Deliberate Forgery we will refund the total amount paid.  

7.7  The Buyer has no right to a refund in the event of claiming the Lot(s) are  a Deliberate Forgery where:  

7.7.1 the Catalogue description of the Lot(s) at the time of the sale was the          generally accepted opinion of scholars and experts;  

7.7.2 if, at the date of its sale the only way of confirming the Lot(s) were a Deliberate Forgery was by scientific or other processes which were not available until after the Lot(s) was published in the Catalogue; or  

7.7.3 we were not notified that the Lot(s) may be a Deliberate Forgery by the Buyer within the three years from the conclusion of the sale in accordance with clause 7.6.1.  

8. At the Auction  

8.1 Subject to our sole discretion, the person making the highest bid for any Lot(s) that is accepted by the Auctioneer at the Auction will be sold the Lot(s). The striking of the hammer by the Auctioneer marks the acceptance of the highest bid and formation of a contract for the purchase of the Lot(s) between the Vendor and the Buyer. The Buyer shall become legally responsible for the Lot(s) at fall of the hammer. We have the right to lawful possession of the Lot(s) until the Purchase Price and any other costs reasonably incurred by Irita Marriott Auctioneers and Valuers Ltd in connection with the storage of such Lot(s) has been paid in full and in cleared funds to us. The Buyer will be responsible for arranging and maintaining suitable insurance for the Lot(s) following the conclusion of the Auction. 

8.2 If the Buyer fails to collect the purchased Lot(s) or no other arrangements for collection/delivery have been made, within 5 working days of the Auction, the Lot(s) will be stored at the Buyers expense and risk by us. Storage is charged at a rate of £5 per day per Lot. 

8.3 If the Artists Resale Rights Regulation 2006 were to apply to any Lot(s), the buyer agrees to pay us an amount equal to the applicable resale royalty provided for in that regulation and we shall undertake to the Buyer to pay that amount to the relevant artist’s collection agent.  

8.4 The Buyer will be liable to pay to us the Hammer Price, the Buyer’s Premium, the Online Bidding Fee and any Expenses (“Purchase Price”) in pounds sterling. Payment is due by the Buyer immediately following the sale of the Lot(s) irrespective of any export, import or other licences.  

8.5 You will not become the owner of the Lot(s) until we have received payment of the Purchase Price in cleared funds. We are not obliged to release Lot(s) to the Buyer until you have become the legal owner. Immediately on the fall of the hammer, all lots shall be at the sole risk and expense of the respective purchasers. All buyers will be sent a payment request where possible via email. Telephone and cash payments are not accepted. A bank transfer is an accepted alternative. Credit cards are accepted at the discretion of Irita Marriott Auctions.

8.6 Following payment of the Purchase Price in cleared funds, the Buyer must collect the Lot(s) from our premises at their own cost within 5 working days from the date of sale.  

8.7 Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.  

8.8 The packing and handling of any Lot(s) is entirely at the Buyer’s risk and expense and we shall not, in any circumstances, be responsible for any acts or omissions of the packers or shippers. Irita Marriott Auctioneers and Valuers Ltd are able to offer a postage service. Please contact us to discuss your requirements.  

8.9 All buyers/couriers must check their purchases prior to departure from the auction/saleroom. Irita Marriott Auctioneers and Valuers Ltd will accept no claims for loss or damage thereafter.  

8.10 In the event of any Lot(s) remaining uncollected at the expiration of 40 days from the date of auction, or once the storage charges become greater than the hammer price of the Lot(s), whichever comes first, shall be re-offered by public or private sale. The Auctioneers shall retain, out of the hammer price realised, the cost of storage deducted from the sale proceeds and any other expenses of such re-sale and the balance (if any) shall be paid to the purchaser.

9 Non-payment of the purchase price 

9.1 If the buyer fails to pay us the purchase price, we or the Vendor may within seven days of the Auction, and at our sole discretion, exercise the following rights:  

9.1.1 store the Lot(s) at the Buyer’s sole risk and expense; 

9.1.2 cancel the purchase of any or all of the Lot(s) by the Buyer; 

9.1.3 resell the Lot(s) at an Irita Marriott Auctioneers and Valuers Ltd Auction or a private sale without prior notice and the Buyer will be liable for any shortfall arising from the resale together with costs and expenses incurred in  connection with the resale;  

9.1.4 hold the Buyer in breach of contract and commence County Court proceedings for the recovery of the Purchase Price together with interest, legal fees and all other costs associated with commencement of legal proceedings;  

9.1.5 only release Lot(s) we hold upon payment of the Purchase Price and any associated storage costs; and refuse the Buyer entry  into and decline all bids made by the Buyer at any future Irita Marriott Auctioneers and Valuers Ltd Auctions.  

10 Import and Export of Lot(s)  

10.1 The exportation of any Lot(s) from the United Kingdom or the importation into any country may be subject to one or more export, import, firearm, endangered species or other permit. Many countries require a declaration of export of property into the country. Local laws may prevent a Buyer from importing a Lot(s). We are not under any obligation to cancel the purchase and refund the Buyer the Purchase Price if the Lot(s) may not be exported, imported or if seized by any government authority.  

11 Lots made of protected species 

11.1   You should check the relevant customs laws and regulations before bidding on any Lot(s) which are made of or including endangered or  other protected species of wildlife which includes amongst others:  Ivory, Tortoiseshell, Crocodile skin, Rhinoceros’ horn, Whalebone, certain species of coral and Brazilian rosewood. Several countries refuse to import such materials and some countries require a licence from the relevant regulatory agencies.  

12 The exclusion of Consumer Rights Legislation 

12.1   Where the Lot(s) sold at Irita Marriott Auctioneers and Valuers Ltd are for second hand goods, the Buyer will be excluded from statutory consumer remedies and cancellation rights on the purchase of such Lot(s), e.g. vintage electrical and other vintage items sold as collectors’ items or ornaments not intended for use. 

13 Our liability to Bidders and Buyers  

13.1   We give no guarantees or warranties to the Buyer and any implied conditions or warranties, whether imposed by the Sale of Goods Act 1979 or otherwise (ii) in particular, any representation or statement we make by or is made on behalf of us, whether verbally by any of its directors, officers, employees, agents or sub-contractors or printed in any Catalogue or any advertisement, brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, provenance, value, fit for purpose, description, size or importance is  opinion only, may be amended prior to the Lot being offered for sale (including whilst the Lot is in public view) and is not to be taken as being or implying any warranty or representation of fact by us; and (iii) neither We nor any of our directors, officers, employees, agents or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements, save for any representations made  fraudulently.  

13.2   Except as it relates to any liability for death or personal injury resulting from our negligence (for which we in no way seek to exclude or limit our liability), our liability for any claim brought against us by any Buyer in respect of any Lot(s) shall be limited to the aggregate of the Hammer Price for the Lot(s) and the Buyer’s Premium actually paid to us in  respect of the Lot(s).  

14 Photographs, Images, Illustrations and Copyright  

14.1   We shall be entitled to photograph, illustrate or otherwise produce images in our Catalogues, promotional literature and on either our own  or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant Irita Marriott Auctioneers and Valuers Ltd Auction. The Buyer warrants that they shall not use any such photographs, illustrations, images and/or written material of or pertaining to that Lot(s) without our prior written consent and you shall fully indemnify us on a continuing basis against all costs, claims, demands, expenses, losses, damages and liabilities of whatsoever nature arising out of, or in connection with, any breach by us of this warranty.  

14.2 The Vendor and Irita Marriott Auctioneers and Valuers Ltd make no representations and give no warranties as to whether any Lot(s) is subject to copyright or as to whether the Buyer of that Lot will acquire any copyright or other reproduction rights in it.  

15 Value Added Tax  

15.1 Irita Marriott Auctioneers and Valuers Ltd is non VAT registered. 

16 General 

16.1   No act, omission or delay by us shall be deemed a waiver or release of  any of its rights under these Conditions of Business or otherwise.  

16.2   Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by email, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Irita Marriott Auctioneers and Valuers Ltd, Williams Yard, Derby Road, Melbourne, DE73 8JR’ and quote the relevant sale date and either the Vendor’s reference number or the Buyer’s invoice number.  Any notice that we send to you shall be addressed to the last address formally notified by us.  

17 Law and jurisdiction  

17.1   These Conditions of Business, and all aspects or all matters, transactions or disputes to which they relate, shall be governed by and construed in accordance with the laws of England. By bidding for any Lot(s) (whether present or by agent, by written bid, telephone or online) or offering any Lot(s) for sale at any Irita Marriott Auctioneers and Valuers Ltd Auction, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.  

17.2   You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, email, or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.