Please note - the absence of "af" from a lot description does not imply it is perfect. All bidders are deemed to have satisfied themselves in this respect.
A - GENERAL CONDITIONS
1.2 - The heading and divisions in General Conditions, Seller’s Conditions and Buyer’s Conditions in these Conditions are for convenience only and shall not affect their interpretation.
1.3 - In these Conditions the singular includes the plural and the masculine indicates the feminine and neuter.
2 - General
2.2 Philip Serrell has the right to refuse admission to its premises or attendance at its auction by any person. All persons are admitted to Philip Serrell’s premises to attend an auction on the basis that they have notice of these Conditions.
2.3 The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of Philip Serrell and no person may use or copy the same without the prior written consent of Philip Serrell .
2.4 Philip Serrell makes every effort to ensure that the Catalogue and description of the Lot are accurate but Philip Serrell makes no warranty to that effect.
2.5 All Statements whether made verbally or in the Catalogue are statements of opinion only and neither Philip Serrell or its employees or agents will be responsible for the accuracy of any opinion given. Each Lot is sold by the Seller with any and all errors of description, faults and imperfections.
2.6 Philip Serrell has the right to divide any Lot or combine two or more Lots, refuse any bid, withdraw any Lot from auction or (in the case of dispute) put any Lot up for auction again. The Auctioneer shall have the right to advance the bidding as he may decide.
2.7.1 - Philip Serrell shall be under no liability for any damage or loss sustained by any person while on Philip Serrell’s premises or while attending auctions conducted by Philip Serrell except for death or personal injury caused by the negligence of Philip Serrell, its employees and agents.
2.7.2 - Philip Serrell shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on Philip Serrell’s premises or on any other premises from which Philip Serrell is conducting auctions.
2.8 - In the event of a sale after the auction of any Lot by private treaty the Seller and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.
2.9 - These Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by Philip Serrell.
2.10 - Any notice by Philip Serrell to a Seller, prospective Seller, consignor, prospective bidder or Buyer may be delivered by hand, sent by first class mail or air mail or facsimile to the address last notified to Philip Serrell and shall be deemed to be received:
2.10.1 - if hand delivered, at the time of delivery;
2.10.2 - if sent by facsimile within 8 hours of transmission during business hours;
2.10.3 - if sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK;
2.11 - All transactions to which the Conditions shall apply shall be governed by English Law.
2.12 - Clients Account money is held in the name of Philip Serrell Auctioneers and Valuers Ltd, Clients Account, at Natwest Worcester Cross Branch, 1 The Cross, Worcester, WR1 3PR
B - SELLER’S CONDITIONS
3 - Instructions
All goods delivered to Philip Serrell premises or into Philip Serrell custody shall be presumed to be delivered for sale by auction unless otherwise stated in writing and will be sold at auction by Philip Serrell. By delivering any goods to Philip Serrell each Seller or prospective Seller agrees to be bound by these Conditions. Philip Serrell will not collect goods for sale at auction unless otherwise agreed. Where Philip Serrell agrees to collect any such goods, the risk in such goods remains with the Seller. The Seller shall be responsible for insuring such goods until they arrive at Philip Serrell's premises; thereafter they will be covered by Philip Serrell insurance under the provisions of clause 7 provided the Seller pays Philip Serrell the applicable insurance premiums
4 - Warranties
4.1 The Seller warrants Philip Serrell and to the Buyer that he is the true owner of the Lot or is authorised by the true owner to sell the Lot and (in either case) is able to transfer good and marketable title to the Lot free from any liens, charges or third party claims. When the Selling is authorised by the true owner to sell the Lot, the Seller must name the owner and produce such written evidence of his authority as Philip Serrell may request.
4.2 If the Seller is selling a Lot not held by Philip Serrell on its premises or under its control, the Seller warrants and undertakes to Philip Serrell and the Buyer that upon demand by the Buyer, the Lot will be available and will be in a deliverable state.
4.3 The Seller warrants that all information supplied to Philip Serrell in connection with the Lot is to the best of his knowledge, information and belief accurate.
5 - Indemnity
The Seller shall indemnify Philip Serrell and the Buyer against any claims made for loss, damage, costs or expenses suffered by either or both of them as a result of a breach of any of the warranties contained in conditions 4 and 9.
6 - Reserves
6.1 The Seller may place a Reserve on any Lot prior to the commencement of the auction but once placed, a Reserve may only be changed with the prior written consent of Philip Serrell. A change to a Reserve may also be agreed verbally as between Philip Serrell and the Seller, but in such case neither Philip Serrell not its employees or agents be liable for any neglect, default or failure to act in connection with any such verbal alteration, unless written confirmation is received by Philip Serrell prior to the commencement of the auction
6.2 When the Seller is the executor or administrator of an estate and gives Philip Serrell discretionary instructions to sell a Lot on his behalf, Philip Serrell may, at its sole discretion, sell the Lot without Reserve or place a Reserve on the lot.
6.3 If no Reserve is placed as stated above a Lot will be sold without Reserve. The Seller may not bid for his own Lot, but Philip Serrell as auctioneers reserve the right to bid on behalf of the Seller (including the right to make consecutive bids) up to the amount of the Reserve in respect of any Lot which is the subject of a Reserve. The Auctioneers reserves the right to use his sole discretion at the auction in respect of Lots sold without Reserve.
6.4 Philip Serrell shall be entitled to sell Lots at a Hammer Price of at least 90% of the Reserve, unless the Seller instructs Philip Serrell otherwise in writing prior to the commencement of the auction.
6.5 Philip Serrell shall be entitled to sell Lots at a Hammer Price below 90% of the Reserve but in such cases the Seller shall be entitled to such Sale Proceeds as would have resulted if the sale had been at 90% of the Reserve (or the Sale Proceeds if greater), unless the Seller has instructed Philip Serrell that the discretion referred to in condition 6.4 shall not apply.
7 - Risk of Loss or Damage
7.1 Unless otherwise instructed, Philip Serrell will assume risk of loss or damage to any Lot property (other than special goods) consigned to it or put under its control for sale until whichever is the earlier of the ownership of the property in the Lot passing from the Seller, or the Seller or Buyer becoming bound to collect the Lot.
7.2 Philip Serrell's liability for loss or damage to any Lot will not exceed the amount estimated by Philip Serrell to be, from time to time, the current value of the Lot at auction, less Philip Serrell commission and Expenses together with any storage charges, not in any event will it exceed
7.2.1 the Hammer Price less Philip Serrell commission and Expenses if the Lot has been sold
7.2.2 the Reserve, less Philip Serrell commission and Expenses if the Lot has not been sold after being offered for sale and the Reserve has been determined.
7.2.3 (insurance limit per claim)
7.3 In no event will Philip Serrell be liable for damage to glass or picture frames (or cleavage of stones) whether forming the whole or part of any Lot, or depreciation in value following repairable damage in any Lot
7.4 Philip Serrell , its servants and agents shall have no liability in connection with loss or damage to any Lot caused by
7.4.1 any third party instructed to deal with the Lot with the Seller’s or Buyer’s consent
7.4.2 changes in humidity or temperature
7.4.3 inherent conditions or defects
7.4.4 error in processing
7.4.5 war, nuclear radiation or radioactive contamination
7.5 In all cases, save where Philip Serrell is to assume the risk of loss or damage, the Lot shall remain at all times at the risk of the Seller or (as provided in condition 22.1) the Buyer and neither Philip Serrell nor its servants or agents will be responsible for any loss or damage to the Lot whether caused by negligence or otherwise
7.6 If the seller instructs Philip Serrell not to assume risk of loss or damage for a Lot, and following expiry of any period of risk assumed by Philip Serrell pursuant to the above, it shall at all times remain at the risk of the Seller who hereby undertakes:
7.6.1 to indemnify Philip Serrell against all claims mage against Philip Serrell in respect of loss or damage of the Lot
7.6.2 to reimburse Philip Serrell on demand for all payments, costs or expenses, including legal fees incurred by Philip Serrell as a result of claims referred to in condition 7.6.1
7.6.3 to waive all rights and claims he may have against Philip Serrell, its servants and agents in connection with such loss or damage referred to in condition 7.1
7.6.4 to notify his insurer of the existence of the indemnity contained in this Condition, and to procure a waiver of subrogation by such insurer of all claims they may have against Philip Serrell in connection with loss or damage referred to in Condition 7.1
7.7 We agree that, in the event of damage occurring that is covered under our policy of Insurance with Sterling Ltd., we are responsible to you
8 - VAT
If any Lot is an asset of the Seller’s business, the Seller must notify Philip Serrell or the Auctioneer on delivery of the Lot to Philip Serrell whether or not he is registered for VAT purposes and if so, his registered number and whether or not he intends to operate the VAT Used Goods Scheme covering amongst other goods, works of art and antiques.
9 - Special Goods and Dangerous Substances
9.1 The Seller of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to Philip Serrell that as at the date when the same are put under Philip Serrell control:
9.1.1 they are safe (if used for the purpose for which they were designed) and free from any defect which might cause personal injury or death; and
9.1.2 they comply with all applicable legislation such as (but not limited to) the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations
9.2 The Seller of any Lot containing Dangerous Substances warrants and undertakes to Philip Serrell that as at the date when the same are put under Philip Serrell control:
9.2.1 the Seller has obtained all requisite environmental licenses and approvals required by Environmental Law; and
9.2.2 the Seller has complied with all Environmental Law and environmental licenses, which are applicable to the Dangerous Substances
9.3. The Seller agrees to indemnify Philip Serrell, its employees and agents, against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this condition 9 or any negligence of the Seller, its employees and agents
9.4 The Seller acknowledges that Philip Serrell are the Seller’s agents and for the purposes of all legislation applicable to the Special Goods and Dangerous Substances, including, but not limited to Health and Safety legislation and regulations and Consumer Protection Act 1987, the Seller acts as consignor and supplier
10 - Photographs and Illustrations
The Seller gives Philip Serrell the absolute right to photograph and illustrate any Lot and to use such photographs and illustrations (and any photographs and illustrations provided by the Seller) as it may see fit (whether or not in connection with the auction at which the Lot is to be offered for sale). Philip Serrell have absolute discretion on the illustration of any Lot in the catalogue at the Seller’s expense up to a maximum of £75 for black and white and £200 for colour (with any VAT chargeable thereon).
11 - Commission and Expenses
11.1 Philip Serrell shall be entitled to deduct commission at the Stated Rates and Expenses from the Hammer Price
11.2 The Seller acknowledges Philip Serrell right to retain the premium payable by the Buyer under Condition 19 hereof.
12 - Payment of Sale Proceeds to the Seller
12.1 Philip Serrell shall pay the Sale Proceeds to the Seller not later than 28 days after the auction if the Purchase Price had been received by Philip Serrell from the Buyer. Notwithstanding that the Seller has not received the Sale Prices, he will transfer the title in the Lot to the Buyer in accordance with Condition 23.2.
12.2 If the Buyer has not paid the Purchase Price to Philip Serrell with the 28 days period mentioned in Condition 12.1, Philip Serrell shall pay the Sale Proceeds to the Seller not later than 7 working days after the date on which the Purchase Price is received.
12.3 If the Buyer fails to pay the Purchase Price within 28 days after the auction Philip Serrell will notify the Seller who will instruct Philip Serrell as to the appropriate course of action to take and if in the opinion of Philip Serrell such action is practicable, it will endeavour to assist the Seller to recover the Purchase Price, but Philip Serrell shall be under no obligation to institute proceedings against the Buyer in its own name. If Philip Serrell do not receive instructions from the Seller or if in the opinion of Philip Serrell such proposed course of action is not practicable for whatever reason then Philip Serrell shall be entitled to:
12.3.1 agree terms with the Buyer for the payment of the Purchase Price
12.3.2 remove, store and insure the Lot sold
12.3.3 settle claims made by or against the Buyer on such terms as Philip Serrell shall in its absolute discretion think fit
12.3.4 take such steps as are necessary to collect the monies due from the Buyer; and
12.3.5 where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer
12.4 If not withstanding that Buyer fails to pay to Philip Serrell with the Purcahse Price, Philip Serrell remits to the Seller the Sale Proceeds the ownership of the Lot shall pass to Philip Serrell
13 - Rescission of the Sale
13.1 If the Buyer makes a claim to rescind the sale on the basis of Condition 28.2 and in Philip Serrell opinion that claim is justified, or Philip Serrell decides to rescind the sale on the basis of Condition 12.3.5, Philip Serrell may rescind the sale without further reference to the Seller and refund to the Buyer any amount already paid in respect of the Lot
13.2 If the Seller has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in Condition 13.1 Philip Serrell has the right to recover such monies from the Seller.
14 - Withdrawn Lots
14.1 If the Seller cancels his instructions for sale at any time, Philip Serrell reserves the right to charge a fee of 20% of either Philip Serrell latest estimate of the auction price of the Lot of (if one has been placed) the Reserve placed on the Lot (as the case may be) plus in either case VAT and expenses.
14.2 Upon withdrawal of the Lot the Seller shall arrange for the collection and removal of the Lot at his own expense on or before two working days after the date of withdrawal. If the Seller fails to remove the Lot he shall pay to Philip Serrell the Storage Charges.
14.3 Any legal fees, experts’ fees and other expenses that Philip Serrell may incur investigating any claim concerning ownership of the Lot shall be borne by the Seller, who shall reimburse to Philip Serrell all such fees and other expenses on a full indemnity basis.
15 - Unsold Lots
15.1 If any Lot fails to sell at auction Philip Serrell will notify the Seller who shall either arrange for its removal from Philip Serrell the day following the auction or instruct Philip Serrell to re-offer the Lot for sale.
15.2 In the event that the Seller fails to remove the Lot by the agreed time on the day following the auction, the Seller shall pay to Philip Serrell the Storage Charges.
16 - Private Sales
If after 28 days of notification of any unsold Lot or withdrawn Lot the Seller has failed to collect the Lot, the Seller hereby authorises Philip Serrell to sell that Lot by private treaty and to deduct from the sale price any sums owing to Philip Serrell including but not limited to commission up to one half of the Stated Rates, and Expenses.
C - BUYER’S CONDITIONS
17 - Inspection
18 - The Buyer
18.2 Every bidder at an auction run by Philip Serrell shall be deemed to act as principal unless prior to the start of the auction Philip Serrell has been given a written acknowledgment that a bidder is acting as agent for a named principal;
19 - Buyer’s Premium
20 - VAT
21 - Commission Bids
21.2 In the event that Philip Serrell has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 18.1 and to Philip Serrell’s ultimate discretion it shall be sold to the person whose commission bid was received first.
22 - Title and Risk
22.2.1 - a contract of sale for the Lot in question is completed between the Buyer to which Philip Serrell is not a party and will not be liable for any breach thereof by either the Seller of the Buyer.
22.2.2 - the Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Philip Serrell such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneer’s sole discretion) lead to the Lot being put up again and re-sold.
22.3 - Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid (and all monies cleared) in accordance with Condition 23.3. Philip Serrell shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 23.3.
23 - Payment
23.2 - the Purchase Price must be paid to Philip Serrell not later than 48 hours following the auction.
23.3 - Full payment for all Lots must be made to Philip Serrell by means of banker’s draft, cash or BACS transfer in pounds sterling. Where the Buyer wishes to pay by cheque, the Lot will not be released to the Buyer until the cheque has been cleared unless arrangements have been made with Philip Serrell prior to the date of the auction.
23.4 - Any payments by a Buyer to Philip Serrell may be applied by Philip Serrell towards or set off against any sums owing from that Buyer to Philip Serrell on any account whatever regardless of any directions of the Buyer or his agents, whether express or implied.
24 - Removal of purchased Lots
24.2 - Subject to Condition 24.1, if the Buyer shall not remove (and arrange for transport/carriage) at his expense any Lot purchased by him within 2 days of the Sale, then the Buyer shall pay to Philip Serrell the Storage Charges.
25 - Responsibility for purchased Lots
25.2 - the Buyer of a Lot being a "motor vehicle" is responsible for complying with the provisions of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuring that any necessary test certificate is in force.
25.3 - the Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with a Lot. Philip Serrell will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.
25.4 - the Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Laws and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to Dangerous Substances.
26 - Non-Payment or failure to collect
26.2 - rescind the sale of the Lot and re-sell the Lot by auction, private treaty or any other means;
26.3 - charge the Buyer all the charges and expenses of the re-sale (including but not limited to) any commissions for the rescinded sale which remain unpaid and the deficiency (if any) between the Hammer Price of the resale and the Hammer Price of the rescinded sale;
26.4 - remove, store and insure the Lot at the expense of the Buyer;
26.5 - charge interest on the Purchase Price at a rate not exceeding 4% per month to the extent that it remains unpaid for more than 5 working days after the date of the auction;
26.6 - retain any Lot knocked down to the Buyer at the same time or any other auction until payment of a Purchase Price by the Buyer;
26.7 - exercise a lien on any other property of the Buyer in Philip Serrell’s possession for any purpose;
26.8 rescind the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;
26.9 reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auctions or obtain a deposit before accepting any bids from the Buyer in the future.
27 - Liability of Philip Serrell and the Seller
27.2 Notwithstanding any other terms of these Conditions, if within two months after the sale Philip Serrell has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within one month after such notification the Buyer returns the same to Philip Serrell in the same condition as at the time of sale then the sale will be rescinded and any amount paid in respect of the Lot will be refunded. Provided that the Buyer shall have no right under this Condition if;-
27.2.1 - the Buyer is not able to satisfy Philip Serrell that the Lot is a deliberate forgery on the basis of evidence from experts;
27.2.2 - the only method of establishing at the date of publication of the Catalogue that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical, or;
27.2.3 - the Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims;
27.3 - Any claim by a Buyer under Condition 27.2 shall be limited to any amount paid in respect of the Lot and shall not extend to any consequential loss suffered by him as a result of the Lot being a deliberate forgery.
27.4 - The benefit of this Condition shall not be assignable and shall only extend to the Buyer, being the person to whom the original invoice was made out by Philip Serrell in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership of that Lot.
28 - Photographs and Illustrations
29 - Client Money
Philip Serrell Auctioneers & Valuers offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Philip Serrell Auctioneers & Valuers you:
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price