GENERAL CONDITIONS OF SALE

(as approved by The Royal Institution of Chartered Surveyors)

 

GLOSSARY

This glossary applies to the auction conduct conditions and the sale conditions.

Wherever it makes sense:

 

• singular words, can be read as plurals, and plurals as singular words;
• a "person" includes a corporate body;
• words of one gender include the other genders;
• references to legislation are to that legislation as it may have been modified or re-enacted by the date of the auction or the contract date (as applicable); and
• where the following words printed bold black type appear in bold blue type they have the specified meanings.

Addendum

An amendment or addition to the conditions or to the particulars or to both whether contained in a supplement to the catalogue, a written notice from the auctioneers or an oral announcement at the auction.

Approved financial institution

Any bank or building society that has signed up to the Banking Code or Business Banking Code or is otherwise acceptable to the auctioneers.

Auction

The auction advertised in the catalogue. Any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to these General Conditions and the Special Conditions

 

Auction conduct conditions

The conditions so headed, including any extra auction conduct conditions.

 

Auctioneers

The auctioneers at the auction. In these general conditions the expression "the Auctioneer" includes his employees and agents and any person to whom conduct of the Auction is delegated. The Auctioneers are Pro Auction Ltd

 

Bid

An offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender.

 

Bidder

Any person or commercial entity who offers to purchase any lot whether by bidding at live auction, online sale or offering to purchase by private treaty or tender. Every Bidder shall be deemed to act as principal unless the auctioneer acknowledges in writing that he acts as Agent on behalf of a named principal.

 

Buyers Premium / commission

A commission payable by the buyer on the completion of a Sale the amount of which is set out in the Special Conditions. The auctioneer, when acting as Agent for the Seller, may also receive commission from the seller.

 

Business day

Any day except (a) a Saturday or a Sunday; (b) a bank holiday in England and Wales; or (c) Good Friday or Christmas Day.

 

Buyer

The person who agrees to buy the lot or, if applicable, that person's personal representatives: if two or more are jointly the buyer their obligations can be enforced against them jointly or against each of them separately.

 

Catalogue

The catalogue to which the conditions refer including any supplement to it.

 

 

Conditions of Sale

 

The General Conditions and the Catalogue together with any Special Conditions.

 

Contract

The contract by which the seller agrees to sell and the buyer agrees to buy the lot.

 

Clearance date

The scheduled date and time on which all Lots must be removed by the Buyer from the Location as specified in the Special Conditions

 

Data Protection Law

All applicable laws and regulations, in each case pertaining to the security, confidentiality, protection or privacy of Personal Data, as amended or reenacted from time to time, including (and to the extent applicable) the GDPR, the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (EU Exit) Regulations 2019 (if applicable) and/ or any similar Legislation applicable to i) the Location of a Lot or ii) the Location of the Buyer’s business activities

 

Deposit

The sum payable by the Buyer to the Auctioneers as set out in the Special Conditions;

 

GDPR

European General Data Protection Regulation, name Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the process of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

 

General conditions

That part of the sale conditions so headed, including any extra general conditions and these General Conditions which shall be applicable to all Auctions conducted by the Auctioneers

 

Interest rate

If not specified in the special conditions, 4% above the base rate from time to time of Barclays Bank plc. (The interest rate will also apply to judgment debts, if applicable.)

 

Lot

Each separate chattel or property described in the catalogue or (as the case may be) the property that the seller has agreed to sell and the buyer to buy and described in the Catalogue, on the Website or on the Auctioneers invoice;

 

Particulars

The section of the catalogue that contains descriptions of each lot (as varied by any addendum).

 

Practitioner

An insolvency practitioner for the purposes of the Insolvency Act 1986 (or, in relation to jurisdictions outside the United Kingdom, any similar official).

 

Sale conditions

The general conditions as varied by any special conditions or addendum.

 

Seller

The person selling the lot upon whose instructions the Auctioneer is conducting the Sale If two or more are jointly the seller their obligations can be enforced against them jointly or against each of them separately.

 

Special conditions

Any additions to these General Conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Auctioneer.

 

Transfer

Transfer includes a conveyance or assignment (and "to transfer" includes "to convey" or "to assign").

 

VAT Value Added Tax or other tax of a similar nature.

 

We (and us and our) The auctioneers.

 

You (and your) Someone who has a copy of the catalogue or who attends or bids at the auction, whether or not a buyer.

 

Notice to Bidders:

This notice is addressed by Pro Auction to any person who may be interested in a Lot, and to all persons participating in the auction process including auction attendees, Bidders and potential Bidders (including any eventual Buyer of the Lot). For ease of reference, we refer to such persons as “Bidders” or “you”. Our List of Definitions and Glossary is incorporated into this Notice to Bidders.. IMPORTANT: Additional information applicable to the Sale may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed at the Sale venue and you should read them as well. Announcements affecting the Sale may also be given out orally before and during the Sale without prior written notice. You should be alert to the possibility of changes and ask in advance of bidding if there have been any.

Our Role

In its role as Auctioneer of Lots, Pro Auction  acts solely for and in the interests of the Seller. Pro Auction ’ job is to sell the Lot at the highest  price obtainable at the Sale to a Bidder. Pro Auction  does not act for Buyers or Bidders in this role and does not give advice to Buyers or Bidders. When it or its staff make statements about a Lot or, if Pro Auction  provides a Condition Report on a Lot it is doing that on behalf of the Seller of the Lot. Bidders and Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. The Seller has authorised Pro Auction  to sell the Lot as its agent on its behalf and, save where we expressly make it clear to the contrary,  Pro Auction  acts only as agent for the Seller. Any statement or representation we make in respect of a Lot is made on the Seller’s behalf and, unless Pro Auction  sells a Lot as principal, not on our behalf and any Contract for Sale is between the Buyer and the Seller and not with us. If Pro Auction  sells a Lot as principal this will either be stated in the Catalogue or an announcement to that effect will be made by the Auctioneer, or it will be stated in a notice at the Sale or an insert in the Catalogue. Pro Auction  does not owe or undertake or agree to any duty or responsibility to you in contract or tort (whether direct, collateral, express, implied or otherwise). If you successfully bid for a Lot and buy it, at that stage Pro Auction  does enter into an agreement with you as the Buyer. The terms of that contract are set out herewith in these conditions.

Application of these General Conditions

1. These General Conditions apply to the Sale of assets (including but not limited to plant, machinery, vehicles, chattels and trade stocks) conducted by the Auctioneer.
2. These General Conditions, the Special Conditions and any terms set out in the Catalogue shall together comprise the "Conditions of Sale".
3. To the extent that these General Conditions are inconsistent with any Special Conditions, the General Conditions shall prevail.
4. Bidding for any Lot shall be deemed to be an acceptance by the Bidder of these General Conditions and the Special Conditions.
5. Unless there is a provision to the contrary in this document, the Conditions of Sale shall be governed construed and enforced in accordance with the laws of England and Wales unless the Location is in:-

• Scotland in which case the laws of Scotland shall apply; or
• Northern Ireland in which case the laws of Northern Ireland shall apply.

1. A reference to writing or written shall include e-mail.
2. Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions.

 

Identity of the Parties

The Auctioneers offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.

The Auctioneer offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.

Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.

Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and the Auctioneer for all obligations and liabilities of his principal jointly and severally with the principal.  The Bidder warrants that he has the authority of his principal to make each Bid made.

Every Bidder is required to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the Company before making any Bid and in the case of:

• a Live Auction by the completion of a registration form;
• an Online Auction by online registration at the Website; and
• a private treaty or tender by prior registration or notification of details, as and when requested by the Company.

The Auctioneers reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.

On registration for an Online Auction Bidders will be added to the Auctioneers mailing list for the purposes of notification of future sales by email.  If a Bidder wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email.

On registration in accordance with General Conditions the Bidder acknowledges that only adults aged 18 years and over are entitled to enter into a legally binding contract and as a result they are the only people entitled to register for the Auction.  By registering the Bidder warrants that he is aged 18 years or older and is capable of forming a legally binding contract.

 

AUCTION CONDUCT CONDITIONS

A1    Introduction

A1.1           Please ensure that you are familiar with the meanings as defined in the Glossary.

A1.2           The catalogue is issued only on the basis that you accept these auction conduct conditions. They govern our relationship with you and cannot be disapplied or varied by the sale conditions (even by a condition purporting to replace the whole of the Common Auction Conditions). They can be varied only if we agree.

A2    Our role

A2.1           As agents for each seller we have authority to:

(a)    prepare the catalogue from information supplied by or on behalf of each seller;

(b)    offer each lot for sale;

(c)     sell each lot;

(d)    receive and hold deposits;

(e)    issue and collect proceeds against an invoice.

A2.2           Our decision on the conduct of the auction is final.

A2.3           We may cancel the auction, or alter the order in which lots are offered for sale. We may also combine or divide lots. A lot may be sold or withdrawn from sale prior to the auction.

A2.4           You acknowledge that to the extent permitted by law we owe you no duty of care and you have no claim against us for any loss.

A3    Bidding and reserve prices

A3.1           All bids are to be made in pounds sterling exclusive of any buyers premium, administration charges or VAT.

A3.2           We may refuse to accept a bid. We do not have to explain why.

A3.3           If there is a dispute over bidding we are entitled to resolve it, and our decision is final.

A3.4           Unless stated otherwise each lot is subject to a reserve price (which may be fixed just before the lot is offered for sale). If no bid equals or exceeds that reserve price the lot will be withdrawn from the auction. The Seller is entitled to change the reserve price at any time before the conclusion of the Sale

A3.5           Where there is a reserve price the seller may bid (or ask us or another agent to bid on the seller's behalf) up to the reserve price but may not make a bid equal to or exceeding the reserve price. You accept that it is possible that all bids up to the reserve price are bids made by or on behalf of the seller.

A3.6           Where a guide price (or range of prices) is given that guide is the minimum price at which, or range of prices within which, the seller might be prepared to sell at the date of the guide price. But guide prices may change. The last published guide price will normally be at or above any reserve price, but not always – as the seller may fix the final reserve price just before bidding commences.

A4    The particulars and other information

A4.1           We have taken reasonable care to prepare particulars that correctly describe each lot. The particulars are based on information supplied by or on behalf of the seller. You need to check that the information in the particulars is correct.

A4.2           The particulars and the sale conditions may change prior to the auction and it is your responsibility to check that you have the correct versions.

A4.3           If we provide information, or a copy of a document, provided by others we do so only on the basis that we are not responsible for the accuracy of that information or document.

A5    The contract

A successful bid is one we accept as such (normally on the fall of the hammer). This condition A5 applies to you if you make the successful bid for a lot.

 

A5.1           You are obliged to buy the lot on the terms of the sale at the price you bid plus the buyers premium any applicable administration charges plus VAT.

A5.2           You must before leaving the auction:

(a)    provide all information we reasonably need from you to enable us to complete the sale invoice (including proof of your identity if required by us);

(b)    pay the deposit.

A5.3           The deposit:

(a)    is to be held as stakeholder where VAT would be chargeable on the deposit were it to be held as agent for the seller, but otherwise is to be held as stated in the sale conditions; and

(b)    must be paid in pounds sterling by cheque or by bankers' draft made payable to us on an approved financial institution. The extra auction conduct conditions may state if we accept any other form of payment.

A5.4           If the buyer does not comply with its obligations under the contract then:

(a)    you are personally liable to buy the lot even if you are acting as an agent; and

(b)    you must indemnify the seller in respect of any loss the seller incurs as a result of the buyer's default.

A5.5           Where the buyer is a company you warrant that the buyer is properly constituted and able to buy the lot.

 

General Terms & Conditions section(s) b/c/d/e/f – relate only to sales physically conducted outside of the European Union and as such do not form part of the general conditions of sale for this auction.

 

 

GENERAL CONDITIONS OF SALE

Some words have special meanings, which are defined in the Glossary. The general conditions (including any extra general conditions) apply to the contract except to the extent that they are varied by special conditions or by an addendum.

 

G1.         The lot

         I.            Our description of any lot in the catalogue, any condition report and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are our opinion and not to be relied upon as a statement of fact. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only

       II.            the lot (including any rights to be granted or reserved, and any exclusions from it) is described in the special conditions, or if not so described the lot is that referred to in the sale memorandum.

     III.            The lot is sold subject to all matters contained or referred to in the documents, but excluding any financial charges: these the seller must discharge on or before completion.

     IV.            The lot is also sold subject to such of the following as may affect it, whether they arise before or after the contract date and whether or not they are disclosed by the seller or are apparent from inspection of the lot.

      V.            Where anything subject to which the lot is sold would expose the seller to liability the buyer is to comply with it and indemnify the seller against that liability.

     VI.            The lot comprises of the catalogued item all items in, under, over and around any lot in this catalogue are not included with such lot unless specifically stated in the catalogue description.

   VII.            The lot does not include any tenant's or trade fixtures or fittings.

 VIII.            The buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the seller or the auctioneer or any of their employee's 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, quiet possession, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.

     IX.            A photograph or illustration may not reflect an accurate reproduction of the colour(s) or true condition of the Lot and images are provided for guidance of style only.

       X.            Dimensions shown are approximate and for guidance only please ask in advance of the sale if you require exact dimensions as part of a condition report.

     XI.            Lots are available for inspection prior to the Sale and it is for you to satisfy yourself as to each and every aspect of  a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price).

   XII.            It is your responsibility to examine any Lot in which you are interested. It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance.

 XIII.            In particular, parts may have been replaced or renewed and Lots may not be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be damaged, as for example where it is covered by upholstery or material.

 XIV.            Given the age of many Lots they may have been damaged and/or repaired and you should not assume that a Lot is in good condition.

   XV.            Electronic or mechanical items or parts are sold for their artistic, historic or cultural interest and may not operate or may not comply with current statutory requirements. You should not assume that electrical items designed to operate on mains electricity will be suitable for connection to the mains electricity supply and you should obtain a report from a qualified electrician on their status before doing so. Such items which are unsuitable for connection are sold as items of interest for display purposes only.

 XVI.            If you yourself do not have expertise regarding a Lot, you should consult someone who does to advise you. We can assist in arranging facilities for you to carry out or have carried out more detailed inspections and tests. Please ask our staff for details. Any person who damages a Lot will be held liable for the loss caused.

1. Every Lot is sold as seen and where lying.
2. No Lot is sold as compromising or including any new goods.

 XIX.            Any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or Pro Auction may be unable to effect transfer.  The Buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Buyers sole risk.

   XX.            All items of post-1950 furniture included in this sale are items either not originally supplied for use in a private home or sold as collector’s items. These items may not comply with the provisions of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010, the “Regulations”). Accordingly, these items should not be used as furniture in your home in their current condition. If you do intend to use such items for this purpose, you must first ensure that they are reupholstered, restuffed and/or recovered (as appropriate) in order that they comply with the provisions of the Regulations.

 XXI.            The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment.  Neither the Seller nor Pro Auction shall incur any liability to the Buyer because of any default or defect in all or any of the Lots.  Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

1. The Buyer acknowledges and agrees that the Auctioneer does not represent any lot as being in a condition which makes it suitable for domestic use.
2. Misrepresentation: Whilst every effort has been made to provide reliable information, Pro Auction do not warrant the information contained herein and prospective purchasers must satisfy themselves by inspection as to its correctness.
3. The buyer further acknowledges that:

(a)          neither the seller nor the auctioneer shall in any circumstances be liable to or to compensate the buyer nor shall the buyer be entitled to rescind the Sale or reject any Lot for an error omission or misstatement contained in the Catalogue and/or in the Special Conditions.

(b)          all the lots are purchased on the basis that risk of good title to all or any of them passing to the buyer is at the buyer risk and without limitation the Lots are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire purchase agreements and reservation of title claims (if any) in respect of them;

(c)          if it shall be found that the seller does not have title to all or any of the lot the buyer shall have no right to rescind, avoid or vary this agreement or to claim damages or a reduction in the price paid or payable;

(d)          any intellectual property rights or software subsisting in a Lot may be third party property and as such the seller and/or the auctioneer may be unable to effect transfer. The buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the buyer sole risk.

(e)          The buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road. It is the buyer's responsibility to remove any logos and lettering from vehicles. Odometer readings are not warranted.

(f)           any item of plant, machinery or equipment contained in the lot (s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment. Neither the seller nor the auctioneer shall incur any liability to the buyer because of any default or defect in all or any of the lots. buyer are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

(g)          agrees that the auctioneer is acting only as agent of the seller and it is expressly agreed and declared that no personal liability in connection with the sale of any lot or otherwise shall fall on the auctioneer and the buyer shall indemnify the auctioneer against all and any liabilities arising under or in connection with the Sale of any Lot. Insolvency Practitioner(s), including Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the seller without personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to any document relating thereto.

G1.8      The buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-

(a)          the buyer must rely absolutely on the buyer's own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of the lot any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and the possibility that the buyer may not acquire title and the fact that the buyer would have no remedy under this Agreement should that happen;

(b)          the buyer has available to it skilled professional advice and on that basis agrees to purchase a lot for a consideration calculated to take into account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be recognized as being fully effective by the Courts and the seller making it clear that it would not have agreed to sell any lot on any other basis except for a higher consideration;

(c)          the buyer has been given every opportunity which might reasonably be expected to examine and inspect the lot.

(d)          The buyer acknowledges that a Sale by Auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994) and the Unfair Contract Terms Act 1977 and the buyer shall not seek to rely upon and conditions or warranties implied thereby or by any other legislation. Lots are  sold to the Buyer on an “as is” basis, with all faults and imperfections. Illustrations and photographs contained in the Catalogue or elsewhere of any Lots are for identification purposes only.

G4. Identity of Parties

Every buyer is required to give his name and address and provide satisfactory proof of identity and such other information and documentation as is required to the Company before making any Bid and in the case of:

 

(a)    A Live Auction by the completion of a registration form;

(b)    An Online Auction by online registration at the Website; and

(c)     A private treaty or tender by prior registration or notification of details, as and when requested by the auctioneer.

The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.

 

The auctioneer Name & Registered Office: Pro Auction Ltd, The Counting House, 13a Church Farm Business Park, Corston, Bath BA2 9AP. Company No. 05059610.

 

The auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special

 

The seller the person upon whose instructions the auctioneer is conducting the sale, details of whom are set out in the Special Conditions of Sale.

 

G5. Conduct of Auctions

G5.1          Any lot may be subject to a minimum bid or reserve price. The auctioneer or the seller is entitled to change these at any time before the conclusion of the Sale.

G5.2          The seller, auctioneer or any representative, agent or person acting on behalf of the seller may Bid for any lot. Persons entitled to Bid pursuant to this condition shall be entitled to place Bids on any lot up to the reserve price including by placing Bids in response to other Bidders.

G5.3          Lot descriptions will be amended as appropriate as and when information becomes available to the auctioneer. Prospective Bidders must read lot descriptions before making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on the Website or in the Catalogue in relation to a particular lot.

G5.4          The auctioneer may at any time before the conclusion of the Sale withdraw or divide any lot or combine any lot or sell any lot by private treaty or tender before, during or after the Auction.

G5.5          The auctioneer may reject any Bid at his sole discretion and without being required to give a reason.

G5.6          No Bid shall be retracted without the consent of the auctioneer.

G5.7          The auctioneer may where there is a dispute between buyer, summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.

G5.8          The auctioneer shall in every other respect decide how the Auction is to be conducted and without being required to give a reason.

G5.9          A Sale is concluded (constituting acceptance of the Bidder's offer, subject to General Condition when:

(a)    in the case of a Live Auction, on the fall of the auctioneers hammer and/or,

(b)    in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on the Website and as defined by General Condition

(c)     in the case of a private treaty or tender, when the Bidders Bid is accepted by the auctioneer, such acceptance to be communicated to the Bidder in writing by way of receipt of the auctioneers invoice.

G5.10       The buyer shall be the person who made the highest Bid before the conclusion of the Sale pursuant to General Condition G5.8 above subject to approval and acceptance by the auctioneer and the Seller or such other Bidder as the auctioneer may declare to be the buyer without being required to give a reason. The auctioneer and/ or the seller is not bound to accept the highest Bid or any other Bid placed in the course of the auction.

G5.11       In the case of an Online Auction the buyer, as determined under General Condition above, shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect of the monies due for the Lot(s) purchased.

G5.12       In the event that the reserve price is not met, the auctioneer may consider the Bids received below the reserve price with the seller who at its sole discretion may accept, reject or place a counteroffer.

G5.13       On conclusion of the Sale and acceptance of the Bidders Bid pursuant to General Conditions, the buyer acknowledges and agrees that he has entered into a contract with the seller to buy the Lot and the Buyer must complete the transaction to purchase the Lot.

G5.14       The buyer may not remove any Lot he has bought until after the end of the Auction.

G5.15       In relation to an Online Auction:

(a)    the auctioneer cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidders ability to Bid online. The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other unforeseen circumstances which may occur during the Online Auction;

(b)    the auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition below);

(c)     the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Such time shall then be deemed to be the close of the timed Online Auction.

G5.16       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 or the seller.

G5.17       Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the auctioneers principal place of business.

 

 

G6 PAYMENT

 

1  Immediately following the auction, you must pay the purchase price being:

(i) the hammer price; and

(ii) the buyer’s premium; and

(iii) any amounts due for additional charges such as lift out charges or Artist Resale Rights    and

(iv) any duties, goods, sales, use, compensating or service tax and VAT.

Payment is due no later than by the end of the seventh calendar day following the date of the auction, or no later than 48 hours after we issue you with an invoice, as the case may be (the ‘due date’).

(b) We will only accept payment from the registered bidder. Once issued, we cannot change the buyer’s  name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the lot and you need an export licence or need to make shipping arrangements.

(c) You must pay for lots bought at Pro Auction in the United Kingdom in the currency stated on the invoice in one of the following ways:

 

Pro Auction ’ preferred payment method is by bank transfer.

You may electronically transfer funds to our Account. If you do so, please quote your paddle number and invoice number as the reference. Our Account details are as follows:

Barclays Bank Plc

Account Name; Pro Auction Limited

Account Number:  80193151

Sort code: 20-05-12

The IBAN for this account is: GB02 BUKB 20051280193151

SWIFT Code: BUKBGB22

 

f paying by bank transfer, the amount received after the deduction of any bank fees and/or conversion of the currency of  payment to pounds sterling must not be less than the sterling amount

payable, as set out on the invoice.

 

Payment may also be made by one of the following methods:

 

Cash with a limit of £7,500.00

Visa and Mastercard debit or credit card

 

If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Seller, the Buyer shall pay to Pro Auction interest (both before and after any judgment) on the amount unpaid at the rate of 1.5% above the bank base rate of Barclays Bank Plc per month or any part thereof until payment in full is made.

 

Until the Buyer has fully complied with its obligations in relation to payment

• title to any Lot bought shall not pass to the Buyer;
• the Seller shall have a lien over any Lot bought by the Buyer in the Auction;
• if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Seller.

 

If the buyer purchased via online bidding, Pro Auction is entitled to take payment from the registered payment card attached to the buyers registration at the time of the auction, without notice to the buyer.

 

THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY

1 • THE BUYER’S PREMIUM

In addition to the hammer price, the successful bidder agrees to pay us a buyer’s premium on the hammer price of each lot sold. On all lots we charge 20% of the hammer price up to and including £4,500,000, and 14.5% of that part of the hammer price above £4,500,000.

VAT will be added to the buyer’s premium and is payable by you.

2 • VAT

The successful bidder is responsible for all applicable tax including VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the hammer price and the buyer’s premium.

the prevailing rate of VAT at the time of going to press is 20%, but this is subject to government change and the rate payable will be the rate in force on the date of the Sale

VAT charges and refunds depend on the particular circumstances of the buyer. It is the buyer’s responsibility to ascertain and pay all taxes due. VAT is payable on the buyer’s premium and is payable on the hammer price.

All overseas Buyers (EU and non-EU) will be charged VAT at the current rate on each Lot purchased.  This will be refunded to the overseas Buyer as soon as the Seller receives a copy of the bill of lading or certificate of shipment (showing descriptive detailed information of goods exported) as proof of export, providing this documentation is received within 3 months of the sale date. 

The Seller is unable to refund the VAT on the Buyer’s Premium.  Buyers are responsible for the payment of any export or import duties or tariffs that may apply.

All lots are sold Ex Works (EXW) from collection address stated on invoice and / or the collection note.

Neither Pro Auction Ltd  or the Vendor are responsible for any VAT, duties, goods and services tax, or other sales or import taxes or duties arising on the exportation of the goods from Great Britain and the importation of the goods into any country by the Purchaser or their agent.  All overseas buyers are advised to engage the services of a freight forwarding agent, who should arrange and effect the appropriate export documentation.

3 • ARTIST’S RESALE ROYALTY

In certain countries, local laws entitle the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. We identify these lots with the  symbol next to the lot number. If these laws apply to a lot, you must pay us an extra amount equal to the royalty.

We will pay the royalty to the appropriate authority on the seller’s behalf.

The artist’s resale royalty applies if the hammer price of the lot is 1,000 euro or more. The total royalty for any lot cannot be more than 12,500 euro. We work out the amount owed as follows:

Royalty for the portion of the hammer price (in euros)

4% up to 50,000

3% between 50,000.01 and 200,000

1% between 200,000.01 and 350,000

0.50% between 350,000.01 and 500,000

over 500,000, the lower of 0.25% and 12,500 euro.

We will work out the artist’s resale royalty using the euro to sterling rate of exchange of the European

A6    Bidding by telephone

A7    If you wish to bid at the Sale by telephone, and have pre-registered to bid or have updated your existing registration details recently, please complete a Registration and Bidding Form, which is available from our offices or in the Catalogue. Please then return it to the office responsible for the Sale at least 24 hours in advance of the Sale. It is your responsibility to check with our Bids Office that your bid has been received. Telephone calls may be recorded. The telephone bidding facility is a discretionary service offered at no additional charge and may not be available in relation to all Lots. We will not be responsible for bidding on your behalf if you are unavailable at the time of the Sale or if the telephone connection is interrupted during bidding.

Bidding by telephone

If you wish to bid at the Sale by telephone, and have pre-registered to bid or have updated your existing registration details recently, please complete a Registration and Bidding Form, which is available from our offices or in the Catalogue. Please then return it to the office responsible for the Sale at least 24 hours in advance of the Sale. It is your responsibility to check with our Bids Office that your bid has been received. Telephone calls may be recorded. The telephone bidding facility is a discretionary service offered at no additional charge and may not be available in relation to all Lots. We will not be responsible for bidding on your behalf if you are unavailable at the time of the Sale or if the telephone connection is interrupted during bidding.

Bidding via the internet

Please visit our Website at https://www.proauction.ltd.uk  for details of how to bid via the internet. Pro Auction will not be liable for service delays, interruptions or other failures to make a bid caused by losses of internet connection, fault or failure with the website or bidding process, or malfunction of any software or system, computer or mobile device.

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G7. Removal of Lots

G7.1          The ownership of the Lot purchased shall not pass to the Buyer until he has made payment in full to the auctioneer of ‘the total amount due’, but each Lot is at the sole risk of the Buyer from the fall of the hammer.

G7.2          The removal of Lots from the Location shall be undertaken by the Buyer entirely at its own risk and without any liability whatsoever to the seller or auctioneer.

G7.3          Buyers are responsible for any and all costs and expenses incurred in relation to the removal of Lots and any other applicable charges, taxes and insurance costs.

G7.4          The Buyer may not remove any Lot until the Buyer has:-

(a)    paid by cleared funds all amounts payable pursuant to the conditions of sale

(b)    if requested by the auctioneer and /or the seller produced satisfactory evidence to the Auctioneer that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition below and/or deposited with the auctioneer, by way of security, for the costs of making good any damage likely to occur, such sum as the Auctioneer may stipulate.

G7.5          The Buyer must remove each Lot purchased by the Clearance Date and Time for which time shall be of the essence. Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions.

G7.6          Buyers should co-operate regarding order of removal of Lots in order to comply with the Clearance Date and Time. If it transpires that a Buyer makes no effort to commence dismantling and the particular Lot is preventing other buyers from removing purchased Lots, then the Auctioneer reserves the right to insist that removal take place immediately notwithstanding the specified Clearance Date and Time. In the event the Buyer does not comply with its obligations under this General Condition G7.7, then the Auctioneer reserves the right to arrange for the removal and/or storage of the Lot and charge any attendant costs to the Buyer.

G7.7          If any Lot is unsold and has to be dismantled & lowered to allow the removal of any other lot, then such dismantling & lowering shall be the responsibility of the Buyer of the relevant Lot(s).

G7.8          Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to the Buyer and use is subject to any licence or copyright restrictions and user conditions. The auctioneer or the seller reserve the right to erase any private or sensitive information prior to the Sale or at any later date.

G7.9          The Buyer and/or his removal contractor must liaise with the Company's site representative prior to commencing dismantling/removal of a Lot from the Location and must at all times comply with its obligations under clause G7.11 below.

G7.10       When removing any Lot from the Location the Buyer shall, or shall procure that its removal contractors shall:

(a)    carry out a full assessment of Lot, the Location and the land or buildings to which the Lot is fixed to assess the risks associated with detaching/removing the Lot and shall fully satisfy themselves that they can detach/remove the Lot in compliance with the Buyers obligations under this

(b)    obtain all relevant planning permissions (where required) in relation to the removal of building structures and plant housings;

(c)     buyers of Lots will be required to make good holes or voids exposed by the removal of Lots. Cladding taken off buildings for removal of plant & equipment will have to be replaced, unless otherwise specified by the Company;

(d)    when detaching any Lot fixed to land or buildings, do so safely and lawfully and must not use flame cutters, explosives or any other dangerous equipment or process without first obtaining written consent of the Company;

(e)    remove the Lot in compliance with all relevant legislation, regulations, codes of practice, guidance, orders, rules and other requirements of any relevant government or governmental agency or authority whether Parliamentary, statutory, parochial or local including (without limitation) in compliance with the Health and Safety at Work etc Act 1974, the Environmental Protection Act 1990, The Construction (Design and Management) Regulations 2007, Control of Substances Hazardous to Health Regulations 2002 (COSHH), and the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof and all other health and safety and environmental legislation in existence at the time of the Sale.

(f)      To the extent that such regulations are advisory rather than mandatory, the standard of compliance to be achieved by the Buyer shall be to the best industry practice; In all cases arising under this General Condition 7.11 the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Auctioneer and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Auctioneer and/or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of these conditions and the Buyer shall make good any damage caused to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot.

(g)    The auctioneer shall be entitled to halt the clearance of any Lot if in its absolute discretion the removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted by the auctioneer, the Buyer must liaise with the auctioneer site representative as to how the Lot should be removed from the Location provided that the Buyer shall at all times ensure that it complies with its obligations under General Condition 7.11 above and the seller nor the auctioneer shall have any liability in this regard.

(h)    The Buyer shall provide evidence as and when requested by the auctioneer of the Buyer's insurance policies in respect of the following insurances and at a minimum level of: Public Liability Cover - limit Two Million Pounds (£ 2,000,000); and Employers Liability Cover - limit Ten Million Pounds (£10,000,000);the auctioneer reserves the right to vary the level of insurance cover stated above at any time, as and when required.

(i)      The Buyer shall provide to the auctioneer a Risk Assessment & Method Statement complying with The Construction (Design & Management) Regulations 2007, COSHH or with any subsequent amendments thereof or such other legislation as shall from time to time be in force.

(j)      Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and MUST be carried out by an approved contractor following consultation with the site representative.

(k)     It is expressly brought to the Buyer's attention that certain Lots could contain blue or white asbestos, dangerous chemicals etc. which if not handled correctly during their removal could result in breach of Health & Safety at Work legislation and/or Control of Substances Hazardous to Health Regulations or other statutory requirements.

(l)      Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable statutory requirements.

(m)  The Buyer must use safe and lawful means of removing the Lot, must comply with all current statutory requirements and regulations including those relating to the disposal and removal if waste, and if required, satisfy the auctioneer in relation to their removal procedures; in particular, the removal of waste materials must be undertaken by an approved and licensed contractor to an approved waste management site.

G7.11       The Buyer shall indemnify the auctioneer and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of the Lot after title to the Lot has passed to the Buyer but before it is removed from the Location.

G7.12       All Lots are sold on the understanding that the Seller does not represent them as being in a condition which makes them suitable for domestic use. If any Lots are intended for domestic use the Buyer must ensure that they comply with the requirements of the Furniture & Furnishings (Fire) (Safety) Regulations 1988 and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.

G7.13       The Buyer undertakes to comply with the provisions of the Data Protection Act 1998 in processing data held by them in connection with any Lot.

G7.14       If you do not collect any lot within thirty days following the auction we can, at our option: (i) charge you storage costs at the rates of £25.00 + VAT per lot per day.. (ii) move the lot to another Pro Auction  location or an affiliate or third party warehouse and charge you transport costs and administration fees for doing so and you will be subject to the third party storage warehouse’s standard terms and to pay for their standard fees and costs. (iii) sell the lot in any commercially reasonable way we think appropriate

Packing Shipping & Transport of Lots

Lots are sold as is where is and are to be collected from the location specified in the sale particulars / collection instructions.

We will enclose a collection note with each invoice sent to you. You must make all arrangements to pack protect, transport and ship the lot at your own expense.. At certain sales, we can arrange to pack, transport and ship your property if you ask us to and pay the costs of doing so.

We recommend that you ask us for an estimate, especially for any large items or items of high value that need professional packing before you bid. We may also suggest other handlers, packers, transporters or experts if you ask us to do so.. We will take reasonable care when we are handling, packing, transporting and shipping a lot. However, if we recommend another company for any of these purposes, we are not responsible for their acts, failure to act or neglect

G8. Default FAILURE TO PAY FOR THE LOT

If the Purchase Price for a Lot is not paid to Pro Auction  in full in accordance with the Contract for Sale, the Seller will be entitled, with the prior written agreement of Pro Auction  but without further notice to you, to exercise one or more of the following rights (whether through Pro Auction  or otherwise):

8.1.1 to terminate immediately the Contract for Sale of the Lot for your breach of contract .

8.1.2 to resell the Lot by auction, private treaty or any other means on giving seven days’ written notice to you of the intention to resell;

8.1.3 to retain possession of the Lot;

8.1.4 to remove and store the Lot at your expense;

8.1.5 to take legal proceedings against you for any sum due under the Contract for Sale and/or damages for breach of contract;

8.1.6 to be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per annum above the base rate of Barclays Bank Plc from time to time to be calculated on a daily basis from the date upon which such monies become payable until the date of actual payment;

8.1.7 to repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless the Buyer buys the Lot as a Consumer from the Seller selling in the course of a Business) you hereby grant an irrevocable licence to the Seller by himself and to his servants or agents to enter upon all or any of your premises (with or without vehicles) during normal Business hours to take possession of the Lot or part thereof;

8.1.8 to retain possession of any other property sold to you by the Seller at the Sale or any other auction or by private treaty until all sums due under the Contract for Sale shall have been paid in full in cleared funds;

8.1.9 to retain possession of, and on three months’ written notice to sell, Without Reserve, any of your other property in the possession of the Seller and/or of Pro Auction  (as bailee for the Seller) for any purpose (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such Sale in satisfaction or part satisfaction of any amounts owed to the Seller or to Pro Auction ; and

8.1.10 so long as such goods remain in the possession of the Seller or Pro Auction  as its bailee, to rescind the contract for the Sale of any other goods sold to you by the Seller at the Sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the Seller or to Pro Auction  by you.

8.2 You agree to indemnify the Seller against all legal and other costs of enforcement, all losses and other expenses and costs (including any monies payable to Pro Auction  in order to obtain the release of the Lot) incurred by the Seller (whether or not court proceedings will have been issued) as a result of Pro Auction  taking steps under this paragraph 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in paragraph 8.1.6 from the date upon which the Seller becomes liable to pay the same until payment by you.

8.3 On any resale of the Lot under paragraph 8.1.2, the Seller will account to you in respect of any balance remaining from any monies received by him or on his behalf in respect of the Lot, after the payment of all sums due to the Seller and to Pro Auction , within 28 days of receipt of such monies by him or on his behalf.

 

 

G9. Acknowledgements and exclusion of Warranties

G9.1          The Buyer acknowledges that in agreeing to purchase any Lot he is not relying on any warranties or representations made by the Seller or the Auctioneer or any of their employee's 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, quiet possession, satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.

G9.2          The Buyer further acknowledges that neither the Sellers nor the Auctioneer shall in any circumstances be liable to or to compensate the Buyer nor shall the Buyer be entitled to rescind the Sale or reject any Lot for an error, omission or misstatement (including photographic images or website entries) contained in the Catalogue and/or in the Special Conditions

G9.3          The Buyer also acknowledges that:-

(a)    all the Lots are purchased on the basis that risk of good title to all or any of them passing to the Buyer is at the Buyer's risk and without limitation the Lots are sold subject to any claims, liens, distraint and execution and subject to all leasing, hire or hire purchase agreements and reservation of title claims (if any) in respect of them;

(b)    If it shall be found that the Seller does not have title to all or any of the Lots the Buyer shall have no right to rescind, avoind or vary this agreement or to claim damages or a reduction in the price paid or payable;

(c)     anything found in, under, near or in any Lot which is not specifically included in the description of the Lot remains the property of the Seller;

(d)    any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or the Auctioneer may be unable to effect transfer. The Buyer will not be authorised to use intellectual property rights or software and any such use or transfer shall be at the Buyers sole risk.

(e)    The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant regulations as shall from time to time be in force before using it on a public road. It is the Buyer's responsibility to remove any logos and lettering from vehicles. Odometer readings are not warranted;

(f)      The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any statutory requirements or regulations governing the use of that plant, machinery or equipment in their working environment. Neither the Seller nor the Auctioneer shall incur any liability to the Buyer because of any default or defect in all or any of the Lots. Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental legislation in existence at the time of the Sale.

(g)    The articles may be inspected at the times and place set out in the Catalogue. Each buyer (whether or not he inspects those articles which he purchases) shall be deemed to buy with notice of all defects in them.

(h)    The Buyer acknowledges and agrees that the Auctioneer is acting only as agent of the Seller and it is expressly agreed and declared that no personal liability in connection with the sale of any Lot or otherwise shall fall on the Auctioneer and the Buyer shall indemnify the Auctioneer against all and any liabilities arising under or in connection with the Sale of any Lot.

G10. Liabilities and Indemnities

G10.1       The Auctioneer warrants that he believes that the Seller of each Lot is able to pass good title, and if the Seller is not able to do so, the Auctioneer shall use his reasonable endeavours to assist the Buyer in obtaining good title and in pursuing any remedies the Buyer might have against the Seller, but the Auctioneer shall not be bound to initiate litigation and shall not be under any other obligation to the Buyer.

G10.2       Every Lot is sold as seen and where lying, no Lot is sold as compromising or including any new goods.

G10.3       The Auctioneer neither has nor professes any expert or other knowledge of any Lot sold and is hereby excluded any liability the Auctioneer might otherwise incur and any right or immunity the Buyer might otherwise possess in respect of any conditions warranties or representations relating to the condition of any Lot sold or the merchantable quality of the Lot or its fitness for the particular or any purpose for which it is or may be required whether such conditions warranties or representations are expressed or implied in the Auction Catalogue or are the subject of oral or written statements made by or on behalf of the Auctioneer or any other person before or in the course of the Auction.

G10.4       No liability shall attach to the Auctioneer either in contract or in tort for loss, injury or damage legal or other expenses sustained by the Seller, any Bidder, the Buyer or any other person by reason of:-

(a)    any defect in any Lot sold, whether or not such defect be latent or apparent on examination;

(b)    any defect or danger of the premises where the Auction is held;

(c)     any alleged failure of the Auctioneer to properly advertise the Auction or to seek or obtain expert legal advice with regard to any Lot offered for sale or its reserve price;

(d)    any act or omission of the Auctioneer in the conduct of the Auction or after the Auction;

(e)    any act or omission of any person other than the Auctioneer.

G10.5       The Seller shall indemnify the Auctioneer in respect of any claims made by another or third party for any loss injury damage or legal or other expenses referred to above

G10.6       The Auctioneer shall not be liable to indemnify the Seller or any Bidder or the Buyer in respect of any claims made by another or third party for any loss injury damage or legal or other expenses referred to in clause 10.4 above.

G10.7       In no circumstances shall the Auctioneers be liable for any consequential damage.

G10.8       Waiver No indulgence shown by the Auctioneer shall prevent the Auctioneer or the Seller from subsequently insisting upon their respective rights and remedies.

 

13 GOVERNING LAW

All transactions to which this agreement applies and all connected matters will be governed by and construed in accordance with the laws of that part of the United Kingdom where the Sale takes (or is to take) place and we and you each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that we may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction. Pro Auction has a complaints procedure in place.

 

DATA PROTECTION – USE OF YOUR INFORMATION

 

Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our Website www.proauction.ltd.uk or requested by email from info@proauction.ltd.uk

 

 OTHER TERMS

1 • OUR ABILITY TO CANCEL

In addition to the other rights of cancellation contained in this agreement, we can cancel a sale of a lot if: (i) any of your warranties in paragraph E3 are not correct; (ii) we reasonably believe that completing the transaction is or may be unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation.

 

2 • RECORDINGS

We may videotape and record proceedings at any auction. We will keep any personal information

confidential, except to the extent disclosure is required by law. However, we may, through this process, use or share these recordings with another Pro Auction company and marketing partners to analyse our customers and to help us to tailor our services for buyers. If you do not want to be videotaped, you may make arrangements to make a telephone or written bid or bid online instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any auction.

 

3 • COPYRIGHT

We own the copyright in all images, illustrations and written material produced by or for us relating to a lot (including the contents of our catalogues unless otherwise noted in the catalogue). You cannot use them without our prior written permission. We do not offer any guarantee that you will gain any

copyright or other reproduction rights to the lot.

 

4 • ENFORCING THIS AGREEMENT

If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted and the rest of this agreement will not be affected.

 

5 • TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES

You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the buyer unless we have given our written permission. This agreement will be

binding on your successors or estate and anyone who takes over your rights and responsibilities.