A STONEBARK COFFEE TABLE (SMALL), MARBLE WHITE WITH GRAIN 54 X 41CM 2 BOXES (60 X 21 X 60)CM (56 X

GENERAL TERMS AND CONDITIONS

General Conditions of Sale as issued by J Straker Chadwick & Sons Ltd 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 J Straker Chadwick & Sons Ltd 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 conditions and are therefore bound by them.

The images may not match exactly to the Lot description. Colours or patterns may vary.

The descriptions take precedence over the lot photographs. The Auctioneer is not held responsible for buyers’ misunderstandings of the above. 

The Auctioneer holds no responsibility for items that do not match the description. This includes – colour, size and/or brand.

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

Registration is only available to bidders over 18 years of age as subsequent bidding forms a legally binding contract.

All bidders will register their details, including full name, business name, address, contact land line and mobile telephone numbers, email address, vat number (where applicable) and Company registered number (where applicable).

It is agreed that the bidder’s details may be added to our mailing list for the purpose of informing the bidder of future auctions that may be of interest to him/her.

We have the right to disable access to the website at any time, if in our reasonable opinion you have previously failed to comply with any of the provisions of these Terms of Use.

All overseas bidders and any bidder unknown to us, or if so requested, will deposit the refundable sum of £500 into our business account and will be held against any potential non-performance or until a satisfactory record of trading is established.

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 the Auctioneers sees fit.

WARNING: all items are ‘sold as seen’. It is not the Auctioneers’ responsibility to inform of any damages. All items are purchased at the Buyer or Bidders own risk and no guarantees or warranties can be provided by the Auctioneers.

BUYERS PREMIUM

J Straker Chadwick & Sons Ltd Auctioneers and Valuers charge a Buyer’s Premium of 10% on the hammer price of all Lots. Buyer’s premium is also subject to VAT at the current rate.

Please note that there is also a 3% internet surcharge on the hammer price of all Lots and is also subject to VAT at the current rate.

Example:

£100 (HAMMER PRICE)

+VAT @ 20%                                                              £20

+Buyer’s Premium @10%                                        £10

+VAT on Buyer’s Premium@20%                           £2

+Internet Surcharge inc VAT (@3.6%+VAT)         £3.60

Total to pay                                                               £135.60

BIDDING

By bidding, the bidder acknowledges he/she accepts these Terms & Conditions as fair and reasonable and expects them to be fully recognised by the Courts.

You have a duty of care to protect your login and password details. To be clear, it is not possible for another person to simply ‘hack’ your account, due to the high level of security of the on-line system. If you do allow another person, family member, visitor, employee, colleague etc., knowingly, carelessly or otherwise, access to your login and passwords, card details and contact number - you will be liable for any and all bids made.

The buyer acknowledges he is not relying on any warranties or representations made by the vendor or the Auctioneer or any of their employees, agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the lots are expressly excluded and without limitation any warranties and conditions as to title, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.

Your bid is your legal commitment to purchase.

No warranty is offered or implied. 

All bids are valid even when the reserve is not met. As the reserve can be lowered at any time. Remember when placing a bid, you are bidding to buy. 

Our on-line auction sale may use `auto bid extension`. If a bid is placed with less than 10 minutes remaining, that lot end time automatically extends by a further 5 or 10 minutes. This will keep occurring until there is a 10-minute period with no bids.

Upon the conclusion of an on-line auction the Buyer shall, by the following working day, be sent an invoice by email in respect of the monies due for the lot(s) purchased. This is due for settlement within 5 working days. If you are unable to do this please do not bid. The buyer acknowledges and agrees that he has entered into a legally binding contract of sale with the vendor to buy the lot and the buyer is legally obliged to purchase the lot.

Details of the lot may change due to new information received during the course of the auction and it is the bidder’s responsibility to check the detail of the lot prior to bidding.

No bid may be cancelled or withdrawn. The Auctioneer does not have to accept the highest bid and all bids are due to approval and acceptance by the vendor.

The company may sell any lot by private treaty or tender before or after the auction.

Risk of damage to or loss of the lot passes to the buyer immediately upon the conclusion of the sale.

We have no liability to guarantee your continuous internet access to the website and encourage bidders to place their bids early rather than waiting until the last seconds of the lot.

The highest accepted Bidder, subject to the Vendors Reserve (if any) is deemed the successful buyer. Every bidder shall be deemed to act as principal, unless there is a prior arrangement with the Auctioneers that he acts as an agent on behalf of a named principal.

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 on site.

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

ONLINE BIDDING

The Auctioneers do not accept liability for the placing of bids on the saleroom or i-bidder, 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 on-line bidding system.

LOTS

MISREPRESENTATION ACT 1967

No person in the employment of J Straker Chadwick & Sons Limited has any authority to make or give any representation or warranty whatever in relation to this property.

All lots are offered “as is, where is”, subject to not being sold or withdrawn and without any express or implied warranty. The lots may not be of satisfactory quality.

You acknowledge and agree that we have excluded our liability in respect of terms that would otherwise have been implied into the Contract of Sale under the Sale of Goods Act 1979 (as amended) to the fullest extent permitted by law, including without limitation the terms relating to lots complying with their description and/or being fit for a particular purpose.

We expressly disclaim the accuracy or completeness of any and/or all information provided to you regarding lots whether provided in written, verbal or digital image form. Lot information is provided for convenience only. You agree that you will not rely on lot information in deciding whether or how much to bid on any lot. We expressly disclaim any and all representations (whether written or verbal), warranties and guarantees regarding the lots we offer for sale. The lots we offer for sale may be missing components or parts. It is your sole responsibility to ascertain, confirm, research, to your satisfaction the lot information prior to deciding to bid and how much you wish to bid on any lot. By bidding you have agreed that we have provided sufficient details for you to make an informed choice when bidding. You agree you have bid accordingly.

The mention of condition of any item within the lot details does not imply that they are in full and efficient working order or present at all.

As is normal practice at auction, all lots are sold “as seen” (or “unseen”), with all of their faults, incompleteness and imperfections and as such are sold unfit for any particular purpose. The bidder relies upon the description at his/her own risk.

The buyer acknowledges that the content displayed on the auction site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking any action on the basis of the content on the site.

We shall have no responsibility to check the accuracy of any information provided or made available to us (which includes information listed in catalogues, on-line listings and any other literature in use from time to time) and you rely on all such information at your own risk.

It is for you to satisfy yourself as to the quality, condition and provenance of any goods on the site through your own enquiries PRIOR TO BIDDING and we shall accept no liability for any information supplied to us.

The web pages may contain technical inaccuracies and typographical errors. Although we make reasonable efforts to update the information on the auction website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up-to-date. You agree to use our website at your own risk.

LIMITATION OF LIABILITY

For the avoidance of doubt, we act as agents of the vendor

To the fullest extent permitted by law, the buyer agrees to indemnify and keep indemnified, defend and hold us, the vendor, any Insolvency Practitioner, Administrative Receiver, Administrator and Liquidator acting as agent for the vendor harmless from any and all damages, losses, liabilities, costs, expenses (including legal fees, disbursements and VAT, taxation, duty, charges) or claims (whether direct or indirect, known or unknown, foreseen or unforeseen) made by you, any authorised bidder or your guests or agents, arising from or related to property damage or any other event that occurs on or at any of our premises, collection sites or storage compounds, during collection, loading or transporting including driving the lot away.

As Auctioneer, J Straker Chadwick & Sons Limited is not a party to the contract and therefore has no liability in that respect. We offer lots for sale and conclude contracts as agents on behalf of vendors. The resulting legal contract is between the buyer and that vendor and we are not responsible for any action or default on the part of the vendor or buyer including but not limited to, loss or damage in contact or tort, negligence, breach of statutory duty, consequential or indirect losses or damage, legal fees, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, travel costs, fuel however arising.

Notwithstanding the above, in no event shall our liability to you exceed the hammer price of the lot. Equally, the vendor’s liability to the buyer shall never exceed the hammer price of the lot.

Whilst risk in the goods passes to the buyer at the time of acceptance, all ownership and title in the goods remains with the vendor until it has received the purchase price.

The Auctioneer accepts no liability whatsoever in relation to the Goods whilst left on the Vendor’s premises.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

In the event that the Auctioneer unknowingly sells a lot that was not eligible for sale (i.e., there is a third-party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that sale without any further liability to the Auctioneer and/or Company or the vendor.

DEFAULT BY THE BUYER

If the buyer fails to arrange collection by the specified date, the vendor may charge the buyer for the reasonable costs of storage at a minimum £10 plus vat per lot per day after 7 clear days following the end of the auction plus part rent, wages and other expenses as a result of buyer non-collection within the specified time table.

If the Auctioneer has rescinded the sale due to non-performance by the buyer and the lot has been resold by the auctioneer or by the vendor, the buyer shall reimburse the vendor with any shortfall.

PAYMENT AND COLLECTION

The Buyer shall pay the full sum for the lot(s) purchased, as invoiced by email, no later than 16:00 on Friday 12th November 2021.  All lots shall be at the Buyer`s risk immediately upon the conclusion of the sale.

The reference for payment shall be the invoice number - any other reference will create a delay in processing.

Payments for Lots purchased must be made by bank transfer (BACS), bank details can be found at the bottom of your invoice.

The auction result 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 Buyers responsibility. However, the Buyer is not entitled to move any Lot(s) until it is paid for in full.

J Straker Chadwick & Sons Ltd 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.

ACCESS FOR THE PURPOSE OF REMOVAL OF LOT(s)

Collections to be arranged by appointments through J Straker Chadwick & Sons Ltd.  All collections must take place by Friday 19^th November 2021 from Chaucer Logistics, Chaucer House, Fairview Industrial Park, Marsh Way, Rainham, RM13 8UH

Removal of the lot(s) will be strictly by appointment and entirely at the buyers own cost and risk without liability to the auctioneer or vendor. Collection from location is the Buyer’s responsibility, neither the Company nor the vendor provides a packing/delivery service unless specifically stated in the lot description.

Where the buyer has purchased more than one lot, the Auctioneer reserves the right not to allow any lot to be removed from its premises until payment in full has been made in cleared funds in respect of all the lots purchased.

Buyers or their representatives must arrange collection and removal of each lot in compliance with all relevant legislation, using best industry practice.

The buyer or their collection agents shall provide evidence as and when requested by the company of their public liability Insurance policy.

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 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 of damage to any person resulting from the removal of the Lot(s) and indemnifies the vendor or the Auctioneer against any liability whether or not such damage was caused by the negligence of the Buyer or his agent.

INSURANCE & RISK

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

All goods purchased are the Buyers responsibility from the moment they are sold to him, on the fall of the Auctioneers hammer. The Buyers should make his own insurance arrangements from this point.

EUROPEAN BUYERS VAT RE-PAYMENT

It is your sole responsibility to comply with all import and/or export procedures, inspections, fees, proof of emissions or any other requirements that may apply to your purchase.

A European buyer is one that initially registered with their address outside of the UK but within Europe.

AMENDMENTS

The Auctioneers have the right to revise or amend these terms to reflect implementations or conditions, at any time.

PRIVACY

The Auctioneers are committed to the privacy of our users and will only use 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 provision of the Condition 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 vendors and the Buyer all agree to the exclusive jurisdiction of English courts.