Conditions of Sale
Southams (herein called the Auctioneers) will not be responsible for any loss, damage or injury occasioned to or sustained by any person during the period of public viewing and at the Auction Sale, howsoever the same may arise unless arising from the negligence of any employee of the Auctioneers.
1. Agents for Disclosed Principal
The Auctioneers act in every respect relating to goods and the sale thereof as Agents only of the person or persons (herein called the Vendor) by whom the Auctioneers are authorised to sell such goods as may have been deposited with them for that purpose. The Buyer acknowledges that any liability arising under these terms and conditions of sale and purchase is the liability of the Vendor only and not that of the Auctioneers.
Every effort is made to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot whether or not such statement forms part of the description of any such lot.
Whether any such statement is made orally or in catalogue it is an expression of opinion given after careful consideration. It is not and all prospective Buyers acknowledge that the particular Auctioneer conducting the sale may at such sale and at his discretion modify any description or statement in the catalogues. Such modification whether given orally or in writing is a statement of opinion and is not and all prospective Buyers acknowledge that it is not to be taken as being a statement or representation of fact. All prospective Buyers acknowledge that any such modification is given as Agent for the Vendor who alone shall be liable therefore.
3. The Auction
a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lots from the sale, to refuse bids, regulate bidding, or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the Vendor for all goods which are being offered subject to reserve or at the Auctioneers discretion.
b) The highest bidder shall be the Buyer except in the case of a dispute. If during the Auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
c) Each lot is put up for sale subject to any reserve price placed by the Vendor. Where there is no reserve price (but not otherwise) the Vendor has the right to bid either personally or by any one person (who may be the Auctioneer).
d) The Vendor or the Auctioneer on his behalf may without disclosing any reserve price, withdraw from sale any lot before it has been sold. Should the Auctioneers in any circumstances sell any lots under a reserve price they shall be at liberty to cancel the sale even if the lot has been paid for and release has been given and upon refund of the purchase price (if paid) neither the Vendor nor the Auctioneer shall be under any further liability whatsoever to the Purchaser.
e) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot and subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
4 Warranties and Implied Conditions Excluded
No warranty is given by the Auctioneer or the Vendor to any prospective Buyer in respect of any lot and all implied conditions or warranties whether imposed by the Sale of Goods Act 1979 or otherwise (except in the case of the Vendor those implied under Section 12 of the Sale of Goods Act 1979) are hereby excluded. All lots are sold as shown with all faults, imperfections and errors of description whether expressly identified in the catalogue description or not.
5. Transfer of Risk
At the fall of the hammer the lot shall be at the sole risk of the Buyer who shall give to the Auctioneers his full name and address and such deposit as the Auctioneer may require. Notwithstanding the foregoing the title in a lot purchased shall not pass to the Buyer until he has made payment to the Auctioneers of the full purchase price (inclusive of any VAT) and the Buyers premium. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Southams that he acts as Agent on behalf of a named principal.
6. Buyers Premium
A premium at the rate of 17.5% plus VAT, of the price realised for each lot whether sold by Auction or Private Treaty is payable by the Buyer to the Auctioneers for their own retention.
The Vendor acknowledges the Auctioneers right to retain any premium paid by the Buyer.
In the event of a sale by Private Treaty both the Vendor and the Buyer agree to be bound by the stated Conditions of Sale and any special Conditions of Sale as appropriate.
7. Right to Rescind the Sale
If within 7 days after the sale the Auctioneers receive from the Buyer notice in writing stating that in his view the lot is a deliberate forgery and further stating the grounds upon which the Buyer takes that view are set out in the said notice (which shall be accompanied by any evidence upon which the buyer relies) and if within 7 days after delivery of such notice the Buyer returns the lot to the Auctioneer in the sale condition as it prevailed at the time of the sale free from any liens charges or encumbrances then the Auctioneer shall, subject to Condition 7, rescind the sale.
The Auctioneer shall not rescind any sale until such time as they have certified to the Vendor and the Buyer that the lot is in their professional opinion a deliberate forgery. Before giving any such certificate the Auctioneers shall be entitled at their absolute discretion to seek the views of any expert or other authority. If such expert or other authority certifies that the lot is not a deliberate forgery then the cost incurred in seeking such views shall be paid by the Buyer to the Vendor and shall be added to the purchase price of the lot together with VAT where appropriate and the sale shall proceed and be completed as required by theses Conditions.
Not withstanding that the said lot is a deliberate forgery the Buyer shall have no rights under Condition 7 where:-
a) the catalogue description at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of opinions or:
b) it can be established that the lot is a deliberate forgery only by means of scientific processes not generally accepted for use until after publication of the catalogue or:
c) The Buyer has failed to return the goods to the Auctioneer within 7 days of his written notice as required by Condition 7 in respect of which time shall be of the essence.
9. Right of Re-sale
If a Buyer fails to comply with these Conditions the Auctioneer shall be at liberty to re-sell the lot(s) so far as they may have possession of such lot(s) without further notice by Public or Private sale any loss arising from such sale together with all charges and expenses shall be made good by the defaulting Buyer.
Southams disclaim responsibility for default by either the Vendor or the Buyer because they act as Agents for the Vendor only and therefore do not provide payment to the Vendor until payment is received from the Buyer. Instructions given by telephone are accepted at the senders risk and must be confirmed in writing forthwith.
11. Payment and Clearance
All cheques shall be made payable to Southams. Unless prior arrangements have been made cheques must be accompanied with a Bankers Reference. The Auctioneers will not be required to deliver the goods to the Buyer until such time as the full purchase price together with any VAT chargeable thereon and together with the Buyers premium (including any VAT) has been paid and/or until any cheque not accompanied by a Bankers Reference has been cleared.
12. Removal of Goods
All lots must be paid for and removed from the premises of the Auctioneer at the Buyers risk and expense by the end of the first working day after the sale, unless prior arrangements have been made in writing with the Auctioneer, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed and all lots not so removed shall remain at risk to the Buyer and subject to a minimum warehousing charge of £1.00 per lot per day.
If they are not paid for and removed within 7 days of the sale the Auctioneer may re-sell them by Auction or privately without notice to the Buyer.
In the event of any failure of the Buyers to comply with any of the above conditions the damages recoverable by the Vendor or the Auctioneer from the defaulter shall include any loss arising on any re-sale of the lot together with the charges and expenses in respect of both sales and together with interest at the rate of 11% per month or part month on any account unpaid for the period beginning after the expiration of the said 7 days until the date of payment together with storage charges payable directly to the Auctioneers at the rate specified (the goods remaining at the Buyers risk pending removal).
13. Firearms (Amendment) Act 1988 and 1997
We are obliged to record the name, address & shotgun certificate number of all purchasers of shotgun cartridges. Purchasers of firearms and shotguns are reminded that they are required to notify the police of any transaction within seven days under section 33 of the Firearms (Amendment) Act 1997 (discuss with the Auctioneer).
Purchasers’ attention is drawn to the recent Home Office consultative advice and recommendation regarding antique weapons which in the opinion of the Auctioneers, now regard certain lots as antique and no longer necessarily subject to Certificate requirements.