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ONLINE AUCTION INFORMATION - LOCATION

Vernon Fox Trading, Unit F, Kingsmead, Park Farm Industrial Estate, Folkestone, Kent, CT19 5EU

VIEWING

There will NOT be any viewing for online auctions unless otherwise stated.

DEFINITION

‘(AF)’ indicates that the item referred to was found to be damaged when catalogued. The absence of such an indication should not however be taken to suggest that the item is not damaged and intending purchasers should satisfy themselves by inspection in accordance with published Standard Conditions of Sale.

‘SOLD AS PARTS/SEEN’ indicates that the item referred to is not sold as in working order. It is not sold for use. Do not attempt to use before undertaking a full condition survey by a qualified technician and achieving compliance with Health & Safety requirements. If an electricity lead has been cut through close to the back, this signifies that the item needs re-wiring before use, using the correct colour coding.

'AS NEW' indicates that the item is new or appears to be new, often in original packaging.

'USED' indicates that the item is not new, and may have signs of use or damage, which will be detailed in the description.

PAYMENT

Cleared funds within three days of the end of the sale unless specific arrangements with auctioneer are made prior to bidding.

Payment methods, Debit/Credit card over the phone only, Bank transfer or via our website.

COLLECTION: All Lots must be collected witin three days of the auction, or delivery arrangements confirmed.

STORAGE OF UNCOLLECTED LOTS

£5 per lot per day (+vat) 

BUYERS PREMIUM

20% together with VAT at the current rate (44% in total)

VAT

VAT at the current rate will be added to the hammer price of lots indicated in the description as `VAT`, 'VATABLE LOT' or marked with an asterisk (*). 

COLLECTION:

1. Locations - please check, as we operate from more than one site:

Vernon Fox Trading, Unit F, Kingsmead, Park Farm Industrial Estate, Folkestone, Kent, CT19 5EU

and

Unit 3, Lumonics House, Swift Valley Industrial Estate, Valley Drive, Rugby, Warwickshire, CV21 1TQ

2. Parking

Car parking is available at all our premises.

3. Registration

To register to bid live visit the i-Bidder website www.i-bidder.com and follow their instructions. Vernon Fox Trading do not accept liability for any failure of these services.

4. Commissioned Bids

Bids may be left with iBidder website.

5. Buyer’s Premium

Buyer’s Premium at the rate of 20% together with VAT at the current rate on the premium will be added to the hammer price of all lots and will be clearly shown on the Purchaser’s Account.

6. VAT

Value Added Tax at the current rate will be added to the hammer price of all lots marked  `VAT`, 'VATABLE LOT'. A VAT receipt will be given. We operate under the VAT MARGIN SCHEME. Any VAT registered Purchaser requiring a full VAT Invoice (i.e. non margin scheme) PLEASE ADVISE OUR ACCOUNTS DEPARTMENT OR THE AUCTIONEER ON THE DAY OF SALE. We are unable to provide altered Invoices at a later date. 

7. Payment

Cleared funds within three days of the end of the sale unless specific arrangements with auctioneer are made prior to bidding.

Payment methods, Debit/Credit card over the phone only, Bank transfer or via our website. 

8. Collection/Storage

You are required to pay the hammer price, plus the applicable commissions, and obtain a receipt acknowledging payment before your items can be shipped. 

9. Transfer of Lots

No transfer of lots by the buyer will be allowed.

10. Availability

The Auctioneers reserve the right to divide, alter, consolidate or withdraw any lots without previous notice before or during the Auction. 

CONDITIONS OF SALE

Vernon Fox Trading Ltd tradings as VF Auctions carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. 

1. Definitions

In these Conditions:

(a) “auctioneer” means the firm of Vernon Fox Trading Ltd or its authorised auctioneer, as appropriate;

(b) “deliberate forgery” means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;

(c) “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;

(d) “terms of consignment” means the stipulated terms and rates of commission on which Vernon Fox Trading Ltd accepts instructions from sellers or their agents;

(e) “total amount due” means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;

(f) “sale proceeds” means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;

(g) “You”, “Your”, etc. refer to the buyer as identified in Condition 2.

(h) The singular includes the plural and vice versa as appropriate. 

2. Bidding procedures and the Buyer

(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;

(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer’s absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.

(c) Bidders shall be deemed to act as principals.

(d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.

3. Increments

Bidding increments shall be at the auctioneer’s sole discretion. 

4. The purchase price

together with a premium thereon of 24% which shall include VAT on the premium at the rate imposed by law. The buyer will also be liable for any royalties payable under Droit de Suite as set out under Information for Buyers above. 

5. Value Added Tax

Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to “Information for Buyers” for a brief explanation of the VAT position).  

6. Payment

(1) Immediately a Lot is sold you will:

(a) give to us, if requested, proof of identity, and

(b) pay to us the total amount due or in such other way as is agreed by us.

(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.

(3) Buyers who utilise the services of iBidder.com or any other live internet services are hereby informed that the payment method details that are provided to iBidder.com or any other live internet services as part of the process of registration will, in the absence of compliance with paragraph (1) of this clause, be utilised by us to settle any amounts owing by such buyers to us. 

7. Title and collection of purchases

(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.

(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction and you shall be responsible for any removal, storage and insurance charges.

(3) No purchase can be claimed or removed until it has been paid for.

8. Remedies for non-payment or failure to collect purchases

(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

(a) to proceed against you for damages for breach of contract;

(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;

(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller

(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;

(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;

(f) to retain that or any other Lot sold to you until you pay the total amount due;

(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;

(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.

(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions. 

9. Third party liability

All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale. 

10. Warranty of title and availability

The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. 

11. Agency

The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers. 

12. Terms of sale

The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot. 

13. Descriptions and condition

(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 “information to buyers”.

(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation. 

14. Forgeries

Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer’s premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.

The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale. 

General

15. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.

16. (1) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.

(2). Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.

17. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee 48 hours after posting.

18. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.

19. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.

20. English law applies to the interpretation of these Conditions.