BAG OF 7 VINTAGE SCOTTISH BROOCHES

Terms & Conditions

These Terms & Conditions of Sale were last updated on 12/12/2023.

In these Conditions, MID DEVON AUCTIONS LIMITED act only as auctioneers  and agents for the seller. The representative of MID DEVON AUCTIONS LIMITED  conducting the auction  is titled MDA in these conditions.

Whilst MDA make every effort to ensure the accuracy of their catalogues and the description of any lot:

(a) Each lot as set out in the catalogue or as divided or combined  with any other lot or lots sold by the seller with all faults,  imperfections and errors of description.

(b) MDA do not accept responsibility for the  authenticity, attribution, genuineness, origin, authorship, date, age,  period, condition or quality of any lot unless they have been instructed  in writing by the seller to so certify, and in such case the MDA  do so as agents of the seller and are not themselves responsible for  such claims.

(c) All statements whether printed online, in the catalogue or made  orally as to any of the matters set out in (b) above are statements of  opinion only and are not to be taken as being or implying any warranties  or representations of fact be MDA unless they have  been instructed in writing by the seller to so certify.

(d)  Any claim under the Statute must be received in writing by MDA within ten days of the day of the sale.

(a) MDA has absolute discretion to divide any lot, to  combine two or more lots or to withdraw any lot or lots from the sale,  to refuse bids, regulate bidding or cancel the sale without previous  notice. 

(b) The highest bidder shall be the buyer except in the case of a  dispute. MDA may at their sole discretion determine the advance  of bidding or refuse a bid. If during the auction MDA considers that a dispute has arisen, they have absolute discretion to  settle it or to re-offer the lot.

(c) Each lot is put up for sale subject to any reserve price placed by the seller.

(d) All conditions, notices, descriptions, statements and other  matters made online and elsewhere concerning any lot are subject to any  statements modifying or affecting the same made by MDA  prior to any bid being accepted for the lot.

Not withstanding any other terms of these Conditions, if within  fourteen days after the sale MDA have received from  the buyer of any lot notice in writing that in his view the lot is a  deliberate forgery and within twenty-one days after such notification  the buyer returns the same to MDA in the same  condition as at the time of the sale and by producing evidence, the  burden of proof on the buyer, satisfies MDA that  considered in the light of the entry in the catalogue the lot is a  deliberate forgery then the sale of the lot will be rescinded and the  purchase price of the same refunded.

The seller and the buyer agree to be bound by MDA's decision. In such cases the vendor will be approached by  MDA for a refund of any monies paid to them.

In the event of a dispute then the matter shall be settled by  arbitration, the arbitrator to be agreed by both parties. Both the buyer  and the seller agree to be bound by the decision.

MDA disclaim responsibility for default by either  the buyer or the seller because they act as agents for the seller only  and therefore do not pay out to the seller until payment is received  from the buyer. Instructions given by telephone are accepted at the  sender's risk and must be confirmed in writing forthwith.

Both the seller and the buyer agree to be bound by these and any other Special Conditions of Sale.

Every person on MDA's premises at any time shall be  deemed to be there at their own risk. They shall have no claim against  MDA in respect of any accident which may occur or  injury, damage or loss howsoever caused, save in so far as the injury,  damage or loss shall be caused by the direct negligence of MDA employees.

The attention of intending purchasers is drawn to the separate BUYERS CONDITIONS printed at the end of these Conditions of Sale.

As MDA are auctioneers all goods delivered to  MDA's premises will be deemed to be delivered for  sale by auction unless otherwise stated in writing and will be  catalogued and sold at MDA without reserve and  accepted by MDA subject to all the Sale Conditions.  By delivering the goods to MDA for inclusion in  their auctions sales, each seller acknowledges that he or she has  accepted and agreed to be bound by all these conditions.

MDA do not themselves usually undertake the  collection of goods but will, if required in writing, instruct a  contractor on the seller's behalf in their capacity as agents. MDA disclaim all responsibility for loss or damage to goods  or for unauthorised removal of goods and for damage to premises caused  by the contractor who should be insured for such risks. Unless  instructions are received to the contrary, the charge for these services  will be deducted from the proceeds of sale.

MDA disclaim all responsibility for loss or  damage to goods for unauthorised removal of goods unless by the direct  negligence of their employees.

MDA reserve the right to store or arrange for the  storage of goods delivered to them for sale, either on their own  premises or elsewhere, at their sole discretion. They exempt themselves  from any liability for loss or damage to goods delivered to their  salerooms without sufficient sale instructions and reserve the right to  make a storage charge for such goods (unless the loss or damage is  caused by the negligence of their employees).

Sellers will be charged for goods left on the premises if the seller  has been requested to remove them, and if the goods are not removed  within twenty-one days of such request MDA reserve  the right to sell the goods to defray costs and storage charges.

(a) Unless otherwise instructed in writing all goods on MDA's premises and in their custody will be held insured  against the risk of fire, burglary and water damage. The value of the  goods so covered shall be the gross amount realised, or in the case of  unsold lots the best bid, or in the case of loss prior to sale, the  reserve price. When no reserve has been fixed, at that price which the  staff of MDA shall at their absolute discretion  estimate to be the auction value of such goods.

(b) MDA shall not be responsible for damage to or  the loss, theft or destruction of any goods not so insured upon the  owner's written instructions.

(c) MDA shall not be responsible for accidental  breakage, loss or damage howsoever caused unless directly caused by the  negligence to their employees.

(d) In the respect of any article delivered to MDA, if the seller has in force a policy or policies of insurance in  which the article is specifically mentioned as being insured whether or  not for an agreed sum or value, the seller shall notify his insurers  of, and shall himself note MDA's interest as bailees  in such policy or policies.

(a) All goods are put up for sale WITHOUT RESERVE unless written  instructions are received by MDA prior to  commencement of the sale.

(b) In the event of any reserve price not being reached at auction,  MDA are empowered to sell after the auction, by  private treaty, at not less than the reserve price, as long as the goods  remain on MDA's premises. In the event of such a  sale by private treaty the Conditions of Sale applicable to a buyer  governing the auction will apply.

(c) All reserves must be agreed by both MDA and  the vendor. No reserves are carried forward to  future sales.

The seller shall duly indemnify MDA against any  claim in connection with any goods sold be MDA on  the sellers behalf.

A seller who sends for sale by auction any chattel(s) which is an  asset of his business must disclose to the Auctioneer whether or not he  is a registered person for Value Added tax purposes and, if so, his  registered number and whether or not he intends to operate the special  scheme covering works of art, etc. This information must be supplied to  the Auctioneer on or prior to delivery of the goods.

MDA shall be entitled to deduct commission and  expenses at the stated rate from the hammer price (the "Net Sale  Proceeds"). MDA shall pay any Net Sale Proceeds to  you in accordance with any payment instructions received from you. MDA shall use reasonable endeavors to transfer the  payment of the Net Sale Proceeds to you within 25 days of receipt of  funds from the Buyer.

Until payment of the Net Sale Proceeds, you agree that the only claim  you shall have against MDA shall be for an amount  corresponding to the Net Sale Proceeds, which you acknowledge discharge  of on receipt of the Net Sale Proceeds.

The seller gives MDA full and absolute right to  photograph and illustrate any lot placed in its hands for sale and to  use such photographs provided by the seller at any time at its absolute  discretion (whether or not in connection with the auction). The contents  of all catalogues are copyright to MDA and  permission must be sought in writing for any form of reproduction.

(a)  Lots withdrawn once an item has been catalogued will incur a  charge of 15% of the bottom estimate or the reserve which ever is  greater at MDA's discretion.

(b)  Lots withdrawn after the catalogue has been printed and  distributed will incur a charge of 25% of the bottom estimate or the  reserve which ever is greater at MDA's discretion.

Opportunity is given for inspection and each buyer that is making a  bid for a lot acknowledges that he has satisfied himself fully before  bidding by inspection or otherwise to all the Sale Conditions, the  physical conditions and description of the lot, including and not  restricted to whether the lot is damaged or has been repaired or restored.

The legal title in a lot shall not pass to the buyer until the lot(s)  has been paid for in full and MDA shall be entitled to a  lien on any lot sold until the purchase price is paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer. Each  buyer shall forthwith give his full names and permanent address and if called upon to do so by MDA shall forthwith pay MDA such proportion of the purchase price as MDA  may require. If the buyer fails to do so, the lot may at MDA's sole discretion be put up again and re-sold.

Every bidder shall be deemed to act as principal unless there is in  force a written acknowledgement by MDA that he acts  as agent on behalf of a named principal.

MDA sets the bidding increments in accordance with The Saleroom's standard increment range.

(a) No purchase shall be claimed or removed until the sale has been  concluded, unless MDA announces prior to the sale goods may  be removed before the sale ends. All lots shall be paid for and removed  at the buyer's risk and expense within three working days of the sale. All lots not so removed shall remain at the risk of the buyer and  subject to a warehousing charge. If they are not paid for and removed  within the aforementioned time limited MDA may re-sell them  by auction or privately without notice to the buyer. Any liability which  there may be on the part of MDA in respect of any loss shall  be restricted to a maximum of the price paid by the buyer of the lot.  All lots are sent to postal bidders at their own risk although every  effort is made by MDA to pack all items safely and send via  an appropriate courier. 

(b) Once goods have been removed from the Auction building by Buyers, no further responsibility for loss or damage  however or whenever caused can be accepted by MDA. Buyers should ensure lots are as viewed before they are removed. 

(c) Each lot must be paid in full before delivery and in the event of  any person purchasing more than one lot, the whole must be paid in full  before delivery of any part. No lot shall be removed without an order  signed by MDA.

(d) In the event of any failure of the buyer to comply with any of  the above conditions the damages recoverable by the seller or MDA from the defaulter shall include any loss arising on any  re-sale of the lots, together with charges and expenses in respect of  both sales, and together with interest at 2% above the Bank Of England Base  Rate upon the price of any lot which has not been paid for within  three working days of the sale, and any money deposited in part payment  shall be held byMDA on account of any liability of the  defaulter to them or to the seller. MDA are unable to accept payment from successful bidders other than in cash or by bank transfer. Cheques drawn by third parties, whether in the Auctioneer's  favour or requiring endorsement, cannot be accepted.

Debit Card

Debit cards are accepted and there is no charge for this service. Credit Cards are not accepted.

Bank Transfer

If you wish to pay by bank transfer, our details are as follows:  AFG ANTIQUES AND COLLECTABLES, 124 High Street, Crediton, Devon, EX17 3LQ, United Kingdom.

Sort Code: 30-96-23

Account No: 26215160

IBAN: GB60LOYD30962326215160

Bank Swift code: LOYDGB21436

Account Name: AFG ANTIQUES AND COLLECTABLES

At their sole discretion MDA will execute bids on behalf of intending  buyers unable to attend the sale at no charge. MDA  undertake to purchase lots as cheaply as allowed by other bids and  reserves. Bids must be submitted in writing and whilst every care is  taken in carrying out instructions MDA cannot be  held responsible for errors or omissions made in carrying out such bids.

In addition to the hammer price, every buyer will pay on INDIVIDUAL  LOTS a sum equal to  27.6% inc vat of the hammer price, plus an online surcharge  of 3% + vat. 

Items sold in our auctions are sold as collectors items. Mechanisms  and electrics have not been tested unless otherwise stated in the lot description.

29. Late Payments

All invoices are to be paid in full within 3 working days of auction end. A deadline is set (typically a week) after which any unpaid invoices will be cancelled and the buyer banned from any future online and live auctions.