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Terms and
Conditions
Conditions of Sale
1.
Henry Aldridge and Son's conditions of sale shall be construed in
accordance with English law. All transactions to which these conditions of
sale apply shall be governed by English Law. Henry Aldridge and Son hereby
submits to the exclusive jurisdiction and all other parties concerned
hereby submit to the non exclusive jurisdiction of the English courts.
2. Definitions:
In these conditions Henry Aldridge and Son who act only as auctioneers for
the vendor are called "The Auctioneers", and the representative of Henry
Aldridge conducting the sale is called "The Auctioneer".
3. General:
Whilst Henry Aldridge and Son make every effort to ensure the accuracy of
their catalogue and the description of any lot: Each lot as set out in the
catalogue or as divided or combined with any other lot or lots is sold by
the vendor with all faults, imperfections and errors of description.
Neither the auctioneers nor the sellers are responsible for any reference
to the condition of the lots listed. The absence of any such reference
does not imply that a lot is in good condition or free from faults or
imperfections. Intending buyers must satisfy themselves to the condition
of any lot. Attention is drawn to Clause 11. Henry Aldridge and Son do not
accept responsibility for the authenticity, attribution genuiness, origin,
authorship, date, age, period, condition or quality of any lot. All
statements, whether printed in the catalogue or made orally as to any
matters set out in (b) above are statements of opinion only and are not
taken as being or implying or warranties or representation of fact by
Henry Aldridge and Son. Any claim under statute must be received in
writing by the auctioneers within ten days of the sale.
4.
Instructions given by telephone are accepted at the senders sole risk and
must be confirmed in writing forthwith.
5.
Any notice by Henry Aldridge and Son to a vendor, consignor, prospective
bidder or buyer will be given by mail and shall be deemed to have been
duly received by the addressee 72 hours after posting.
6.
In the event of a sale by private treaty both the vendor and the buyer
agree to be bound by Henry Aldridge and Son's conditions of sale.
7.
Henry Aldridge and Son shall have the right by their absolute discretion,
to refuse admission to its premises or attendance at its auctions by any
person.
8.
The Auction: The Auctioneer has absolute discretion to divide any lot,
to combine any two or more 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 at the auctioneers discretion.
The highest bidder shall be the buyer except in the case of a dispute. If
during the auction the auctioneers considers that a dispute has arisen he
has the absolute discretion to settle it or refuse a bid. All conditions,
notices, descriptions and statements and other matters in the catalogue
and elsewhere concerning any lot are subject to any statement modifying or
affecting the same made by the auctioneer from the rostrum prior to any
bid being accepted for the lot.
9.
Recission: Notwithstanding any other terms of these conditions, if
within seven days after the sale Henry Aldridge and Son have received from
the buyer of any lot in writing that in his view the lot is a deliberate
forgery and within fourteen days of any such notification the buyer
returns the same to Henry Aldridge and Son in the same condition of sale,
and by producing evidence, the burden of proof to be upon the buyer,
satisfies Henry Aldridge and Son that considered in the light of the entry
in the catalogue the lot is a deliberate forgery, then the sale of the lot
will be rescinded and the purchase price of the same will be refunded. In
the event of any dispute then the matter shall be settled by arbitration.
Both the buyer and seller agree to abide by the decision. "Deliberate
Forgery" means an imitation made with the intention of deceiving as to the
authorship, origin, date, etc. and which at the date of the sale had a
value materially less than it would have had it been in accordance with
that description.
10.
Default. Henry Aldridge and Son disclaim responsibility for default by
either the buyer or the vendor because they act as agents for the vendor
only and therefore do not pay put to the vendor until payment is received
from the buyer. Conditions Mainly Concerning Buyers
11.
Inspection. Each buyer by making a bid for a lot acknowledges that he
has satisfied himself fully before bidding, by inspection or otherwise as
to all the conditions of sale. The physical condition of and description
of the lot including but not restricted to whether the lot is damaged or
has been repaired or restored.
12.
Property and Risk. Legal title will not pass to the buyer until the
lot(s) have been paid for in full and the auctioneers shall be entitled to
a lien on any lot sold until the purchase price (as defined in Clause 15
below) is paid in full but each lot is at the sole risk of the buyer from
the fall of the hammer. Each buyer shall forthwith give his full name and
permanent address and if called upon to do so by the auctioneer shall
forthwith pay to Henry Aldridge and Son such proportion of the purchase
price as the Auctioneer may require. If the buyer fails to do so, the lot
may at the auctioneers discretion be put up again and resold.
13.
Every bidder shall be deemed to act as principal unless there is force
written acknowledgement by Henry Aldridge and Son that he acts as agent on
behalf of a named principal.
14.
Removal of goods. No purchase shall be claimed or removed until it has
been paid for and the sale has been concluded. All purchases shall be paid
for and removed at the buyers risk and expense by the end of working day
of the sale. The auctioneers shall not be responsible if the same are
lost, stolen, damaged or destroyed. If they are not paid for and removed
within two working days of the sale the auctioneers reserve the right to
charge for the removal of the goods from their saleroom to their stores at
a cost of five pounds per item plus haulage costs. Any liability on behalf
of the auctioneer in respect of any loss shall be restricted to the
maximum price paid by the buyer of the lot.
15.
Purchase Price and Buyers Premium. The purchaser shall pay the hammer
price together with a premium of 15% of the hammer price on lots costing
£50,000 and below. For lots costing over £50,000.01 Buyers Premium will be
charged at 15% on the first £50,000 then at 10% on the excess. The premium attracts VAT at the standard rate
and is payable by all purchasers. By making a bid the buyer acknowledges
that he assents to the auctioneers receiving and retaining the said
premium.
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