Lymington Auctions Ltd Terms and Conditions
Definitions
1. “The Auctioneers” means Lymington Auctions Ltd.
“ The Auctioneer” means the representative of Lymington Auctions Ltd conducting the Sale;
“The hammer price” means the price at which any lot is knocked down to a buyer;
“Deliberate forgery” means an imitation made with the intention to deceive as to authorship, origin, age or source, which has a value materially less than if it had been in accordance with the description in the catalogue.
The Auction
2. The highest bidder shall be the buyer. In the event of any dispute, the Auctioneer’s decision shall be final.
2A. Anyone under the age of 18 are always requested to be with an adult, we reserve the right to refuse admittance to underage/people or under the influence of alcohol/drugs.
3. The Auctioneer shall have absolute discretion to withdraw, alter or combine with any other lot all lots offered for sale.
3A. Large bags/luggage/shopping trollies/books/magazines/bikes of any kind are not permitted in the Auction rooms. We ask that they are left in your vehicle.
3B. Note that carpets/rugs/linen/cloth chattels are sometimes laid on the floor, while we endeavour to make sure these items are safe, please take care when walking around the auction room.
3C. Pictures containing glass in frames, if damaged during viewing time, costs of replacement/restoration will be given to the person responsible.
4. All lots are offered subject to any reserve prices imposed by the vendor, vendors agent and solicitor advisor.
5. Whilst every care is taken in the preparation of catalogues, the Auctioneers accept no responsibility for any inaccuracies contained therein.
6. Lots shall be held to be at the buyer’s risk from the fall of the hammer.
7. Legal title shall not pass to the buyer until the purchase price together with the premium has been paid in full.
Conditions concerning Buyers
8. A buyer’s premium of 20% (+VAT) will be added to the hammer price of all lots sold, except for books.
9. Buyers will be required to supply to the Auctioneers their names and addresses and, if required, a deposit immediately after the fall of the hammer.
9A. Please be aware that any bidders purchasing an item for over £2000 bidding on the internet, from outside the EU may be required to leave a deposit of 10% of an agreed reserve price, subject to the auctioneers discretion which will be refundable if a non-purchase agreement is held.
10. Commission bids and telephone bids will be executed free of charge but must reach the Auctioneer at least one hour before the beginning of the Sale. Must be confirmed in writing or email. Telephones bids must higher than £150 unless previously arranged with the Auctioneer.
10A. Endangered species Law, please note purchasers are advised if a lot contains any endangered species, they are aware of import/export Laws to the country that they are exporting it to.
11. The buyer shall not rely purely upon the catalogue description but shall satisfy himself or herself as to the physical condition and description of each lot. Buyers are informed if they need a condition report to email or phone Lymington Auctions Ltd, however Lymington Auctions Ltd will not be deemed responsible for restoration repair or damage if not noticed.
12. No lot shall be removed until the purchaser has paid in full for it and for any other lots purchased. All purchases must be removed at the buyer’s risk and expense within two working days following the sale. A charge of £4.00 (+VAT) per lot per day will be made for purchases not removed within this period.
13. Should the purchaser fail to pay for and remove any lot within seven days following the sale, the Auctioneers shall have the right to re-sell the lot at auction or by private treaty without giving notice to the buyer. Any liability to the buyer shall be limited to the hammer price originally paid.
14. Interest calculated at 2% above the Base rate prevailing at Lloyds bank shall be payable as well as the purchase price on any accounts not settled within two working days following the sale.
15. Third party cheques will not be accepted as payment. We will not accept cash over the value of £8,000, from a single purchaser in any one sale, due to current regulations.
16. By making a bid, prospective purchasers acknowledge acceptance of these Conditions.
Conditions concerning Vendors
17. Goods delivered to the Auctioneers shall be deemed to be for sale by auction, unless contrary instructions are given in writing at the time or in advance.
17A. In certain cases when a provenance or age of an item is required the vendor shall give the Auctioneers the age of the commodity that it has been in there collection/possession, in the case of any third party claim the vendors description will be liable for any misrepresentation stated on the entry form.
17B. Items unsold from a previous sale may be offered as an after sales at the reserve price or at a price which is acceptable for the auctioneer to return to the vendor, the same monies if it would have been sold at that sale. Please note unsold lots will be re-entered for a future sale, for 20% less of the Auction price, stated on the vendors advice letter, and thereafter at 20% until the item is sold. Unless otherwise noted by email or letters in writing to be received by the Auctioneer before the printing of catalogue.
18. All goods will be insured by the Auctioneers whilst in their custody or on their premises unless written evidence of alternative cover is received. The value of the cover shall be the gross selling price of the goods or, in the case of unsold lots withdrawn before sale, the auction value as estimated by the Auctioneers. The premium for insurance cover shall be £1.00 (+VAT) per £100. The minimum charge will be £1.00 (+VAT) per lot.
19. The Auctioneers shall not be responsible for accidental damage or loss unless directly caused by the negligence of their staff. Lymington auctions will continue to accrue costs to a third - party claim.
20. The vendor authorises the Auctioneers to deduct commission and any other proper expenses from the hammer price. He/she also accepts the Auctioneers’ right to retain any premium paid by the purchaser.
21. The Auctioneers shall have the right to photograph and illustrate any lot consigned for sale and to use such photographs and digital images at their discretion. The vendor accepts, without further consultation, that a charge of up to £50 (+VAT) per illustrated lot may be made towards the recovery of photographic expenses. This includes images posted to the Auctioneer's website or used for other promotional purposes. The vendor accepts the photographs used in the catalogue will be for the use of the auctioneer and Lymington auctions Ltd for their sole company use.
22. All lots will be sold at the Auctioneer’s discretion unless written instructions, email or signed for letters have reached the auctioneers before the time of the catalogue printing. In the case of emails and letters being sent to the auctioneer after the printing of the catalogue the vendor shall be deemed to be liable to any third-party claim or expenses given to the auctioneer without notice. Any reserve figure placed upon a lot shall be confidential between the vendor and the Auctioneers. In the event of a lot failing to reach its reserve, the Auctioneers shall be entitled to a commission of 5% (+VAT) of the reserve price, unless alternative charges have been previously agreed.
23. A withdrawal fee of 10% & £4 per lot (+VAT) of the lower estimate (or reserve price, if there is one) shall be payable to the Auctioneers for any lot withdrawn after it has been catalogued but before the sale.
24. The vendor indemnifies the Auctioneers against any claim relating to goods sold on his/her behalf.
24A. The vendor shall give sole title to the auctioneer without any third party, higher purchase, rental agreement, family dispute/divorce, probate or government acts to the above.
25. A vendor who enters for sale goods which are assets of a VAT registered business must disclose this fact to the Auctioneers. He/she must also provide his/her registered number and indicate whether he/she intends to operate the Margin Scheme for Antiques and Works of Art.
26. The Auctioneers act as agents only and therefore shall not be accountable to the vendor for any sum until payment has been received from the buyer or the buyer’s agent, unpaid for lots bought on the internet or by any third party, shall be deemed to be unsold and treated therefore as such and will be re-entered in a future auction, at the same price it was placed in originally.
Forgeries
27. Should any lot(s), other than such that are connected with the German Third Reich, prove to be a deliberate forgery, the Auctioneers, upon receipt of written notice of this fact within one year of the sale, shall rescind the sale or repurchase the lot for an amount equal to the hammer price plus premium (inclusive of VAT) provided that:
(a) the lot is returned in the same condition as at the time of the sale;
(b) written proof of the forgery accompanies the lot and the buyer demonstrates to the reasonable satisfaction of the Auctioneers that in light of the catalogue description the lot is a deliberate forgery.
(c) the general opinion of scholars and experts at the time of the sale would have indicated that the lot was a deliberate forgery;
or
(d) scientific processes in existence at the time of the sale would have established that the lot was a deliberate forgery. The benefit of this Condition is not negotiable
This condition does not apply to Third Reich items, which are not covered by any guarantee of authenticity. Bidders much rely on their own judgment in this regard, and no refunds will be given for any Third Reich items that are judged, following sale, to be forgeries (either in whole or in part).
Artist’s Resale Right Regulations 2006
28. An amount equal to the resale royalty payable under the Artist’s Resale Right Regulations 2006 will be collected from the buyer of qualifying works of art. This amount will be passed to the relevant collecting society. VAT is not payable on resale royalties.
Online Bidding
29. In the case of certain selected auctions, Lymington Auctions offer an online bidding service via easyliveauction.com for bidders who cannot attend the sale.
In registering for this service, you:
a) Acknowledge that it is a Third-Party service for which a separate charge will be made, and that The Auctioneers bear no responsibility for its correct functioning or for the successful transmission of bids.
b) Agree that The Auctioneers may, at any time, without notice or providing a reason, cancel or refuse to accept your registration.
Please note that The Auctioneers do not normally accept registrations made using P.O. box addresses. If easyliveauction.com indicates to The Auctioneers that a registrant's debit/credit card does not match the address used to register, The Auctioneers will normally refuse to accept the registration.
Please note that any lots purchased via www.easyliveauction.com live auction service will be subject to an additional charge of 3% (+ VAT at the current rate) on the hammer price unless the bidder has paid the fixed fee for the service direct to Easy Live Auction.
30. In the case of lots identified (in any terms or by any means) as controlled firearms, such lots may only be bid for and/or purchased by holders of Section 1 or Section 2 firearms certificates (as indicated) or by registered firearms dealers. In the case of Section 1 firearms the certificate must include specific permission for the calibre/type in question. Firearms are not routinely stripped and serviced/inspected prior to sale, and purchasers must take responsibility for ensuring that they are in serviceable condition before attempting to use them.
30.A. Japanese samurai swords/cavalry swords/ bayonets/daggers/ knives/ alcohol and other goods of a similar nature shall not be released to the purchaser until proof of age (over 18) is given.
Firearms are sold on an auctioneer’s permit and transfer must be completed within one week of the auction. Any firearms not collected within this time will be transferred for storage to a Registered Firearms Dealer, at the purchaser’s risk and expense.
Un-licenced individuals who successfully bid for a controlled firearm will not be permitted to obtain title to, or gain physical possession of, said firearm; but will be liable for any monetary loss to the vendor and The Auctioneers that may result from such a situation.
31. Third Reich Items
Please note that, owing to the large number of reproduction Third Reich and Imperial German items on the market, we can give no guarantee as to the authenticity of any such items. Prospective purchasers must satisfy themselves in this regard, before bidding.
Shipping
32. We do not undertake packing and shipping but can put you in touch with a third-party shipper, such as Post it 4 me, should you require a purchase to be sent to you. We may, at our discretion, agree to post small items, at the cost and sole risk of the purchaser, provided that no packing is involved.
33. Any items not collected from the auction house in person will require a payment via bank transfer if exceeding £150.
