CASE 1455XL TRACTOR 1991

UK Auctions  is a trading name of UK Auctions  Limited whose registered office is: 12 High Street, Carcroft, Doncaster, UK

1.       CAPACITY.  UK Auctions act only as auctioneers and agents for the seller and the representative of UK Auctions conducting the auction is the ‘Auctioneer’ (whether “live” or supervising an online auction).

GENERAL CONDITIONS

3.       UK Auctions reserves the right at their sole discretion to:

3.1     refuse admission to and/or eject from any premises in use for any auction, any person or persons;

3.1.1 withdraw any Lot;

3.1.2 alter the arrangement of any Lot, and if deemed necessary amend the description of any Lot;

3.1.3  sell two or more Lots as one Lot or in any way they may think proper;

3.1.4 regulate the amount of any bidding;

3.1.5 refuse the bid of any person or persons.

4.       The highest bidder at the fall of the hammer shall be the buyer, except where it is clear to the Auctioneer that a dispute has arisen.

5.       In cases where a dispute arises the Auctioneer will try to resolve the matter to the parties’ satisfaction.  If a dispute arises, at or immediately after the fall of the hammer of any Lot, the Auctioneer, will immediately re-offer the Lot if in his reasonable opinion it seems appropriate.

6.       The Auctioneer acts in every respect relating to Goods, and the sale thereof as agent only of the person(s) by whom the Auctioneer is authorised to sell such Goods as may have been deposited with him for that purpose (hereinafter referred to as ‘the Seller’).

7.       Each Lot put up for sale may be subject to a reserve price which will have been determined by the Seller and communicated to the Auctioneer prior to the auction.  The Auctioneer may bid on behalf of the Seller for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.

8.       CATALOGUE AND OTHER DESCRIPTIONS

8.1     UK Auctions take great care to ensure that any statements as to attribution, age, date, origin, provenance and condition are reliable and accurate but it should be noted that all such statements are skilled opinions prepared with due care, if provenance (written or historical fact) cannot be produced.   However, UK Auctions do not guarantee that condition reports, whether included in the catalogue, or given at a later time, cover all aspects of an item(s) condition.  UK Auctions would ask that prospective buyers view Lots themselves wherever issues regarding condition are seen as important to them.

8.2     UK Auctions reserve the right, in forming their opinion to consult any expert or authority they consider to be helpful in making their decision bearing in mind the statements made in condition 8.1 above (no charge for this service will be made to any person or vendor) and the decision of the skilled expert need not be relied upon.

8.3     All conditions, notices, descriptions, statements and other matters in Keys Auctioneers Ltd’s catalogue and elsewhere concerning any Lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being made or accepted.

8.4.1  UK Auctions both for themselves and for the Seller of each Lot point out that the following expressions have the meaning ascribed to them below:

8.4.2 The full name(s) or recognised Designation of an artist stated i.e. ‘Claude Monet’.  In the opinion of UK Auctions the work is by the artist specified.

8.4.3 ‘Attributed to’

          In the opinion of UK Auctions the work is probably by the artist in whole or in part.

8.4.4 ‘Circle of’:     In the opinion of UK Auctions the work is of the period of the artist and showing his influence.

8.4.5 ‘Follower of’:  In the opinion of UK Auctions the work is executed in the artist’s style but is not necessarily by a pupil.

8.4.6 ‘Manner of’:  In the opinion of UK Auctions the work is executed in the artist’s or school’s style but of a later date.

8.4.7 ‘After’:  In the opinion of UK Auctions the work is a copy (of any date) of a work of the artist.

8.4.8 Bears ‘Signature/Date/Label/Stamp’ etc:  In the opinion of UK Auctions the work may or may not be that of the artist, make, period or of that date etc.

8.4.9 ‘A/F’:  The work is as found (or all faults).

8.4.10      ‘Style’:  In the opinion of UK Auctions the work is a copy of an earlier period but of that design.

9.       DAMAGE OF LOTS DURING VIEW OR SALE AND DAMAGE TO SITE

          Damage caused by any person to the Premises by the removal of a Lot or Lots, or by any other cause, shall be made good by him/her at a sum to be agreed between parties after reasonable discussion.  The Auctioneers will consider any reasonable offer or approach to settle the matter.

11.     BUYER’S CONDITIONS

11.1   Sufficient time is given for inspection of each Lot by UK Auctions and it is recommended that the potential buyer will have satisfied himself by way of inspection, as to the physical condition and description of such goods/works. NO WARRANTIES EITHER EXPLCIT OR IMPLIED ARE GIVEN AS TO THE CONDITION, WORKING ORDER, OR ANY ASPECT OF ANY LOT OFFERED, THE BUYER AGREES TO BUY THE LOT AS SEEN AND AS FOUND.

11.2   Commission bids will be accepted by UK Auctions but the buyer should if possible inspect the particular works/goods and satisfy himself as to the physical condition and description before submitting such a bid (see 8.1 above).  bid communicated to the Auctioneer at the time of the sale shall always take preference to a commission bid of the same value.

11.3   Any prospective buyer can request a Condition Report and UK Auctions will use best endeavours to ensure that all details are recorded as accurately as possible

11.3.1      The ownership of the goods/works shall not pass to the buyer until payment has been made in full and will be held by the Auctioneer until that time, subject to the provisions of clause 12.3, 12.4 and 12.5 below, HOWEVER ALL LOTS ARE AT BUYERS RISK ON THE FALL OF THE HAMMER AND SHOULD BE INSURED APPROPRIATELY BY THE BUYER FROM THAT TIME.

11.4   Any person wishing to bid in the sale may be required to register prior to commencement of sale.   Overseas buyers will be required to forward card details before bids are accepted:

11.4.1      his full name;

11.4.2      his address and contact telephone numbers.

11.5   The sale of any Lot will be deemed to exclude any VAT (where applicable) unless due notice is given in Keys Auctioneers Ltd’s catalogue and/or by the Auctioneer at time of sale.

12.     PAYMENT, PREMIUM AND REMOVAL

          For all sales payment in full is to be made within seven days of the sale date.  Any items not paid for within seven days of sale will be subject to a 10% interest charge of the hammer price.

12.1   UK Auctions will accept payment by cash (maximum cash payment figure £5,000).  

12.2   The buyer shall pay a premium as published on all Lots (or as advised by the Auctioneer prior to any auction taking place) which shall normally be deemed to exclude VAT in accordance with clause 11.5 The buyer acknowledges and agrees that UK Auctions will receive from the Seller commission on the sale of any Lot in addition to the premium.

12.4   Lots not paid for and not removed from site within seven days of the sale or without prior arrangement with UK Auctions may be resold by auction or privately with due notice given to the buyer if name and address are available on the Auctioneers records. 

a)     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:

               i.        to proceed against you for damages for breach of contract;

              ii.        to rescind the sale of that lot and/or any other lots sold by us to you;

             iii.        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.

             iv.        to remove, store and insure the lot at your expense and, in the case of storage, either at our premises or elsewhere;

              v.        to charge interest at a rate not exceeding 10% on the hammer price to the extent it remains unpaid for more than 7 working days after the sale;

             vi.        to retain that or any other lot sold to you until you pay the total amount due;

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

           viii.              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).

b)     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.

12.5   UK Auctions disclaim all responsibility for accidental breakages, loss or damage to Lots howsoever caused when being removed from the Site by the Purchaser including unauthorised removal unless such breakage, loss, damage or removal is caused by the negligence of the Auctioneer or any employee of Keys Auctioneers Ltd.

12.6   The liability on the part of UK Auctions towards the buyer, howsoever caused shall be as accepted practice under English Law. For further information about your statutory rights contact your Local Authority Trading Standards Department or Citizens’ Advice Bureau.

17.     DISPUTES AND ARBITRATORS

          If the amount of the dispute exceeds £5,000 and the Auctioneer and Buyer are unable to agree a figure for compensation, then the matter can be referred to any Independent Arbitrator agreed by both parties.  The decision of the Arbitrator shall be final and binding on both parties.