GENERAL CONDITIONS
J.W. Jewellery & Fine Art Auctioneers Ltd t/a John Weldon Auctioneers reg no 287922
J.W. JEWELLERY & FINE ART AUCTIONEERS LTD T/A JOHN WELDON AUCTIONEERS
Vat number IE 8287922W Property Services Regulatory Authority Licensed number 001760. A summary of general
conditions of business. (A FULL COPY OF ALL TERMS ARE AVAILABLE ON REQUEST):
1. By bidding at the auction, buyers agree to comply with the terms and conditions of the auction.
2. Prior to an auction a prospective buyer must register to bid and give their full name and permanent address and if requested, banking or other suitable references.
3. All statements, whether made verbally or in the catalogue, are statements of opinion only and neither the auctioneers nor 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.
4. The auctioneer 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.
5. All lots are being sold under the auctioneers VAT margin scheme unless otherwise specifically referred to by the vendor. Those lots not sold under this scheme will be marked with ^ and VAT at the current rate may apply.
6. Prospective buyers are strongly urged to examine personally any lot in which they are interested before the commencement of an auction. John Weldon Auctioneers and its representatives shall not be liable for the accuracy of any statements made by them concerning a lot's age, date, condition, origin, authorship or provenance. Imperfections are not stated.
7. A buyer may only bid on his own behalf, unless prior to the auction he has notified John Weldon Auctioneers of his intention to bid on the behalf of a third party, the identity of whom he must disclose to John Weldon Auctioneers. Even if a buyer buys a lot on behalf of a third party, the buyer shall remain personally responsible to John Weldon Auctioneers for that third party's obligations, including, but not limited to, the payment of the purchase price and removal of the lot following the auction.
8. All purchases shall be subject to a buyer's premium of 15% of the hammer price plus VAT. Plus 5% fees for online bids
9. Payment for all lots must be made in full by means of bank transfer. Payment is not acceptable by credit cards.
10. If purchase price is not paid within 3 days following the auction, the auctioneer reserves the right to offer for sale any and all lots, by public or private sale. The defaulting buyer shall make good any cost or deficit.
11. Pictures displayed on the website & catalogue are not to scale
12. Failure to examine a lot/s by a buyer shall not constitute a cause for cancellation of sale.
13. Historically, many coloured gemstones have been subjected to a variety of treatments designed to enhance their appearance. Certain enhancement methods, such as heating, are routinely used to improve colour or transparency in rubies and sapphires. Other methods, such as oiling, enhance the clarity of emeralds. The international jewellery trade has generally accepted these methods. Other coloured gemstones may have undergone other permanent or semi-permanent treatments, such as dyeing, irradiation, coating and impregnation, possibly requiring further retreatment in order to retain their appearance. Prospective purchasers should assume that all gemstones will have been treated unless statements are made to the contrary. Gemmological reports from internationally recognised Gemmological Laboratories will be noted in the item description where available . Recent advancements in technology have led to some diamonds being treated in a variety of ways designed to enhance their appearance. These treatments can include fracture filling, laser drilling, irradiation and coating, and whilst all efforts are made to identify such treatments, it is not possible for us to guarantee that all lots containing diamonds/gem stones are free of these enhancements. We do not knowingly offer treated diamonds for sale, unless a gemmological report disclosing the type of treatment has been obtained from an internationally recognised Gemmological Laboratory, and stated within the item description. Diamond grades for colour and clarity, where printed in the catalogues are intended as guides for prospective purchasers, with the given limitations of mounts and settings, and are not guaranteed by us. Statements in the catalogue regarding the condition of lots in this sale may appear in the description, however, the absence of such a reference does not imply that a lot is in a perfect or near perfect condition, or completely free from wear or imperfections.
14. We will be pleased to offer Condition Reports to interested clients for lots with estimates of €100 or more. Notwithstanding this reports or any discussion concerning condition of a lot, all lots are offered and sold "As is" as per the conditions of sale printed in the catalogue.
15. These terms are subject to change without notice.
A. GENERAL CONDITIONS:
1.1 In these Conditions:
1.2 The Auctioneer means the representative of John Weldon Auctioneers conducting the auction;
1.3 Bought-in means unsold, having failed at auction to reach the Reserve:
1.4 The Buyer means the bidder (including a commission bidder under Condition 26) whom John Weldon Auctioneers has accepted by the fall of the Auctioneers hammer;
1.5 The Catalogue means any advertisement, brochure, price list or other publication relating to the auction published by or on behalf of John Weldon Auctioneers:
1.6 Dangerous Substances any natural or artificial substance capable of causing harm to any living organism supported by the environment, or damaging the environment or public health or welfare;
1.7 Environmental Law all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the Ireland or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances;
1.8 Expenses means John Weldon Auctioneers charges for illustrations, special advertising, insurance, import, packing and freight and any other expenses and VAT on these amounts;
1.9 Hammer Price means the price at which a lot is knocked down by the Auctioneer to the Buyer;
1.10 John Weldon Auctioneers means J.W Jewellery and Fine Art Auctioneers Ltd trading as the following, namely John Weldon Auctioneers
1.11 Lot means any item or items of any kind accepted by John Weldon Auctioneers with a view to its or their sale at auction
1.12 The Purchase Price means the Hammer price in Euro together with any premium, VAT chargeable and additional charges and expenses due from a defaulting Buyer under Condition 31; "The Reserve" means the minimum Hammer Price set by the Seller at which a Lot may be sold and otherwise subject to Condition 6;
1.13 The Sale Proceeds means the net amount due to the Seller, being the Hammer Price less commission at the Stated Rates and Expenses and any other amounts due to John Weldon Auctioneers by the Seller;
1.14 The Seller means the seller or prospective seller of any Lot.
1.15 Special Goods means boats, motor vehicles, fire arms and mechanical and electrical goods; "the Stated Rates of commission for the time being and VAT on the amount payable;
1.16 Storage Charges means charges imposed by John Weldon Auctioneers in respect of the removal, storage and transportation of any Lot:
1.17 VAT means Value Added Tax.
2. GENERAL
2.1 John Weldon Auctioneers acts as general for the Seller (except where it is expressly stated to be selling as principal) and is not responsible for any default by the Seller or the Buyer.
2.2 John Weldon Auctioneers acts as agent for the Seller (except where it is expressly stated to be selling as principal) and is not responsible for any default by the Seller or the Buyer.
2.3 The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of John Weldon Auctioneers and no person may use or copy the same without the prior written consent of John Weldon Auctioneers.
2.4 John Weldon Auctioneers makes every effort to ensure that the Catalogue and description of the Lot are accurate but John Weldon Auctioneers makes no warranty to that effect.
2.5 All statements whether made verbally or in the Catalogue are statements of opinion only and neither John Weldon Auctioneers nor 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 John Weldon Auctioneers 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 from auction or (in the case of dispute) put any Lot up for auction gain. The Auctioneer shall have the right to advance the bidding as he may decide.
2.7 2.7.1 John Weldon Auctioneers shall be under no liability for any damage or loss sustained by any person while on John Weldon Auctioneers premises or while attending auctions conducted by John Weldon Auctioneers except for death or personal injury caused by the negligence of John Weldon Auctioneers its employees and agents.
2.7.2 John Weldon Auctioneers shall not be liable for any damage caused by the Seller or the buyer to third parties or their property while on John Weldon Auctioneers premises or on other premises from which John Weldon Auctioneers are 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 any agreed special conditions of sale.
2.9 The Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by John Weldon Auctioneers.
2.10 Any notice by John Weldon Auctioneers to a Seller, prospective Seller, consignor, prospective bidder or Buyer may be delivered by hand, sent by mail or air mail or facsimile to the address last notified to John Weldon Auctioneers and shall be deemed to have been 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 to an address within Ireland and 7 days of posting if posting to a country outside the Irish Republic
2.11 All transactions to which the Conditions apply shall be governed by Irish Law. In the event of any dispute between John Weldon Auctioneers, the Seller and the Buyer concerning the sale of any Lot at an auction conducted by John Weldon Auctioneers, the matter shall be referred to a single arbitrator to be agreed upon by the parties
B SELLERS CONDITIONS: All auction business is governed by the Conditions of Business. A copy of the conditions for sellers is available on request.
The Seller's promises
The Seller promises John Weldon Auctioneers:
3.1 The Seller is the sole owner of each Lot delivered by him to John Weldon Auctioneers and has an unrestricted right to transfer to the Buyer the ownership of such Lot free from any rights or claims of any third party.
3.2 The Seller will notify John Weldon Auctioneers prior to the auction of each Lot of any alteration to the Lot Which the Seller is, or should reasonably be aware, or suggestions made to the Seller by third parties, that relate to ownership, condition or attribution of the Lot, in each case which may affect the value of the Lot: and
3.3 The Seller has complied with all necessary requirements concerning import or export regulations applications applicable to each Lot and has notified John Weldon Auctioneers in writing of any failure, of which the Seller is aware, or could reasonably be expected to be aware, by any third party to comply with these regulations in the past.
4 If the Lot contains any dangerous Substances, the Seller promises John Weldon Auctioneers that:-
4.1 the Dangerous Substances are safe (if the Lot is used for the purpose for which is was designed) and free from any defect which might cause damage, personal injury or death: and
4.2 The Dangerous Substances comply with all relevant applicable legislation including (but not limited to) The Health and Safety at Work etc. Act as amended from time to time;
4.3 The Seller has obtained all requisite environmental licences and permits required by law in relation to the Dangerous Substances and has complied with the terms of such licences and permits in all respects.
5 Seller's Liability
If the Seller is in breach of any of the promises in condition (5), he shall pay each of John Weldon Auctioneers and/or the buyer (as the case may be) for any loss, damages, expenses or other costs that arise in any way out of the breach and that are incurred by either or both of John Weldon Auctioneers and/or the Buyer (as the case may be).
6 Reserves
6.1 The seller many notify John Weldon Auctioneers of any reserve that he wishes to place on any Lot to be auctioned prior to the commencement of the auction in question. John Weldon Auctioneers may sell a Lot to a buyer at a price below the Reserve, unless, in its notification of the reserve, the Seller instructs John Weldon Auctioneers not to do so. If, however, John Weldon Auctioneers sells the Lot for an amount which is less than 90 per cent. Of the reserve, the Seller shall receive (as described in Condition 7.3 ) such Sale Proceeds as he would have received has the Hammer Price been an amount equal to 90per cent , of the Reserve.
6.2 Any changes which the Seller wishes to make to a Reserve must also be communicated to John Weldon Auctioneers prior to the commencement of the auction in question, and will only be accepted at John Weldon Auctioneers discretion.
6.3 If the Seller does not notify John Weldon Auctioneers of a reserve, John Weldon Auctioneers shall sell the Lot as such price as it sees fit. If a Lot is offered without reserve, John Weldon Auctioneer shall not be obliged to sell such Lot to the highest bidder, and make no representation or offer to any bidder that is shall do so.
6.4 The Seller may not bid for his own Lot or instruct anyone other that John Weldon Auctioneers to do so. John Weldon Auctioneers many bid on the Seller's behalf as often as it considers fit.
6.5 Where the Seller is the executor or administrator of an estate and has given John Weldon Auctioneers discretionary instructions to sell a Lot on his behalf, John Weldon Auctioneers may place such Reserve on it as it sees fit to do so.
7 Payment of Sale Proceeds to the seller
7.1 The Sale proceeds is an amount equal to the hammer price les the sum of: -
7.1.1 the seller's Commission at the rate set out in Conditions 7.2 and
7.1.2 Expenses and the Cover Fee (each as described in Condition 1.1); and
7.1.3 VAT as applicable.
7.2 The Seller's Commission is calculated as a percentage of the Hammer Price as follows: -
Hammer Price Seller's Commission
€50000 or More 16 per cent.
Less then €50000 16 per cent.
7.3 John Weldon Auctioneers will normally only pay the Sale Proceeds to the Seller once it has received the Purchase Price from the Buyer as described in Conditions 28.3 & 28.4 If John Weldon Auctioneers has received the Purchase Price from the Buyer as described in those Conditions, it shall pay the Sales Proceeds to the Seller not later that 28 Business Days after the end of the day on which the Lot was sold. If it has not received the Purchase Price in accordance with Condition 28.3, John Weldon Auctioneers shall pay the Sales proceeds to the Seller not later than 7 Business Days after the date on which it receives the purchases Price in accordance with condition 28.4
7.4 If the Buyer does not pay the Purchase Price as described in Condition 28.8 within 20 Business Days of the date of the auction, John Weldon Auctioneers may agree special terms with the buyer on the Seller's behalf for storage and payment. In Addition, John Weldon Auctioneers shall discuss the situation with the Seller and may take any steps it considers necessary to collect the Purchase price (and any applicable extra amount) from the buyer. John Weldon Auctioneers shall not be obliged either to take legal action against the buyer to recover the Sale Proceeds, or (until it has received the Sales Proceeds from the buyer as described in Condition 13.3) to pay the Sales Proceeds to the Seller.
7.5 If despite Conditions 28.3 and 28.4 John Weldon does pay the Sale Proceeds to the seller before it has received the Purchase Price from the Buyer, the Seller shall transfer ownership of the Lot to John Weldon auctioneers upon receiving the Sale Proceeds.
7.6 The Seller acknowledges and agrees that John Weldon Auctioneers is entitled to retain the Buyer's premium.
8 Counterfeits: Seller's Obligations
If, within 14 days of the sale a Lot, the Buyer satisfies John Weldon Auctioneers (as described under " Counterfeit: Buyers' obligations" in Condition 21) that a Lot is a Counterfeit, than John Weldon Auctioneers shall have the right to cancel the sale, and if John Weldon Auctioneers has paid the Seller dome or all of the Sale Proceeds prior to such cancellation, the Seller shall pay to John Weldon Auctioneers not later than 4 business Days after John Weldon Auctioneers demands it, a sum equal to the amount paid to the seller.
9 Withdrawn Lots
9.1 If the Seller withdraws a lot from an auction, the Seller will pay John Weldon Auctioneers for the costs John Weldon Auctioneers has incurred in providing its services and shall pay John Weldon Auctioneers an amount in respect of the Seller's Commission (plus any applicable VAT) that John Weldon Auctioneers would have received had the Lot been sold at auction. The Seller's Commission will be calculated as set out in Condition 7.2 but as if the Hammer Price for this purpose was a reference to the reserve, if one has been notified to John Weldon Auctioneers , or if not, a reference to John Weldon Auctioneers' reasonable estimate of the value of the Lot (and Made in good faith).
9.2 After withdrawing a Lot, the Seller Shall arrange for the removal of the Lot from John Weldon Auctioneers' premises not later than 2 business bays from the date on which he notified John Weldon Auctioneers of his intention to withdraw the Lot.
10 Unsold Lots
10.1 If a lot does not sell at auction, John Weldon Auctioneers will notify the Seller who shall either arrange the removal of the Lot from John Weldon Auctioneers' premise within 2 business Days of receiving this notification, or shall instruct John Weldon Auctioneers to re-offer the Lot for sale. John Weldon Auctioneers shall only release the Lot to the Seller upon payment in full of any Expense incurred by John Weldon Auctioneers or its Representative in connection with offering the Lot for sale.
10.2 If the Seller does not remove the unsold Lot within 2 Business Days of John Weldon Auctioneers' notification that it has not sold at auction, John Weldon Auctioneers may store the Lot or arrange for its storage by a third party and may, but shall not be obliged to arrange insurance cover for the lot. If John Weldon Auctioneers does arrange cover, the cost of such cover will be included in the Expenses payable by the Seller.
10.3 John Weldon Auctioneers may, at its discretion, introduce the Seller to a prospective buyer of an unsold lot. If the Seller sells the Lot to that buyer, John Weldon Auctioneers will be entitled to, and the Seller shall pay, Seller's Commission and Expenses, plus any applicable VAT as if the Lot had been sold at auction and the reference to the Hammer Price in Condition 7.2 was a reference to the price paid by the buyer for the Lot.
11. VAT
All Lots are being sold under the auctioneers Vat Margin Scheme unless otherwise specifically referred to by the Vendor. Those Lots shall not sold under these Scheme be marked with ? and Vat at the current rate may apply.
Buyers Conditions
12. Examinations of Lots
Prospective Buyers are strongly urged to examine personally any Lot in which they are interested before the commencement of an auction. Condition reports are usually available without charge upon request. John Weldon Auctioneers cannot guarantee the physical condition of any Lot and does not accept any responsibility for such physical condition except as set out in Condition 4.2 . This Condition does not affect the rights of a Buyer under Condition 27 .
13. John Weldon Auctioneers' Liability
Other then in circumstances described in Condition 27, John Weldon Auctioneers and its representatives shall not be liable for the accuracy of any statements made by them concerning a Lot's age, date, condition, origin, authorship or provenance unless the statement was made fraudulently or the maker of the statement should reasonably have know at the time it was made, that the statement was inaccurate (having regard to the expertise of the statement maker, and all the circumstances in which the statement was made). This restriction shall not limit John Weldon Auctioneers' liability for personal injury or death arising out of the negligence of John Weldon Auctioneers.
14. Buyers identity
14.1 If there is a disputer about which bidder is the buyer, John Weldon Auctioneers shall have the right to determine who is the Buyer of any lot or re-offer the Lot for sale
14.2 A Buyer may only bid on his own behalf, unless prior to the auction he has notified John Weldon Auctioneers of his intention to bid on the behalf of a third party, the identity of whom he must disclose to John Weldon Auctioneers. Even if a buyer buys a lot on behalf of a third party, the buyer shall remain personally responsible to John Weldon Auctioneers for that third party's obligations, including, but not limited to, the payment of the Purchase Price and removal of the Lot following the auction.
15 Commission Bids and Telephone bids
15.1 Prospective buyers are advised to attend auction in person to be certain that their bids are recognised by the Auctioneer. Nevertheless, a prospective Buyer may give John Weldon Auctioneers written instructions to bid on his behalf (a "Commission Bid"). John Weldon Auctioneers shall use reasonable efforts to make Commission Bids on the condition that the conduct of the auction may progress in a manner which prevents John Weldon Auctioneers from doing so. John Weldon Auctioneers does not accept any liability for failure to make a Commission Bid.
15.2 If John Weldon Auctioneers receives two or more Commission bids for identical amounts for a particular Lot, unless John Weldon Auctioneers in its absolute discretion decides otherwise, only the first in time to be received by John Weldon Auctioneers will be made.
15.3 At the request of a prospective bidder and on the basis that the bidder provides such information that John Weldon Auctioneers may require, John Weldon Auctioneers will use its reasonable endeavours to contact the prospective bidder to enable him to participate in bidding by telephone provided that John Weldon Auctioneers shall not be liable to either the Seller or to that prospective bidder for any loss and expenses arising out of a failure to contact that prospective bidder.
16 Payment
16.1 Prior to making a bid, all prospective bidders must register with John Weldon Auctioneers giving full contact details, and such banking or other suitable references as John Weldon Auctioneers may reasonable require
16.2 VAT is Payable by the Buyer on the Hammer Price on all Lots marked in the Catalogue with an asterisk.
16.3 The buyer must pay the Purchase price for each lot sold to him not later than 3 business Days after the day on which the Lot was auctioned. The Purchase Price is an amount equal to the sum of:-
16.3.1 The Hammer Price; and
16.3.2 VAT , if applicable to the Lot - Please see Condition 25. and
16.3.3 A premium of 15 per cent , of the Hammer Price (plus VAT if applicable ) ("The Buyer's Premium").
16.4 Payment for all Lots must be made in full, in Euro, to John Weldon Auctioneers by means of a electronic transfer
16.5 A payment from a Buyer to John Weldon Auctioneers may be used by John Weldon Auctioneers to repay any sums owned by that buyer to John Weldon Auctioneers, at John Weldon Auctioneers' discretion.
17 Removal of purchased Lots
17.1 No Lot may be removed by the Buyer until John Weldon Auctioneers has received payment in full for the Lot as described in Condition 22.
17.2 Provided that he has paid in full for the Lot as described in Condition 22, the Buyer or his Representative shall remove, at the buyer's expense, any Lot purchased by him Within 1 Business Day of the Buyer making payment to John Weldon Auctioneers as described in Condition 22.4. If, for any reason beyond his control, the buyer is unable to do so, he must notify John Weldon Auctioneers as soon as possible
17.3 If the Buyer of a Lot has not removed it within 3 Business Days of the auction, John Weldon Auctioneers shall arrange storage of the Lot. The Buyer shall pay John Weldon Auctioneers for this service at its prevailing rates from time to time.
18 Non-Payment
If the Buyer does not pay for the Lot as described in Condition 31, John Weldon Auctioneers will be entitled to one or more of the following:-
18.1 charge interest on the Purchase Price (to the extent that it remains unpaid for more than 5 Business Days after the date of the auction) at a rate of 4 per cent, per annum over the base rate of AIB Bank Plc
18.2 issue legal proceedings on the Seller's behalf to recover the amount (including interest) owed by the Buyer, plus the cost of the proceedings;
18.3 cancel the sale of the Lot to the buyer without liability on the part of either the Seller or John Weldon Auctioneers.
18.4 for so long as the payment is outstanding, retain any other Lot in the same or any other auction which belongs to the Buyer but is in John Weldon Auctioneers possession; and
18.5 reject any bids made by or on behalf of the Buyer in the future, or obtain a deposit from the Buyer before accepting any future bid.
19 Special lots, Permits and Export Licences
19.1 If a Lot is a motor vehicle, the Buyer is responsible for complying with all relevant legislation concerning the ownership and use of the vehicle (including, but not limited to the Road Traffic Act 1988) and for ensuring that any necessary test certificate is in force.
19.2 The Buyer is solely responsible for obtaining any export licence, certificate, permit or other authority required for the ownership and use of the Lot. In Particular, John Weldon Auctioneers will not release firearms to Buyers without the production of satisfactory evidence of compliance with Irish firearms legislation.
19.3 If a Lot contains Dangerous Substances, the Buyer is solely responsible for complying will all relevant legislation concerning the ownership, storage and use of the Lot, and for ensuring that all necessary licences and permits are obtained and complied with.
20. Unsold Lots
If a Lot does not sell at an auction, but following the auction a prospective buyer notifies John Weldon Auctioneers of his interest in buying that Lot, John Weldon Auctioneers may, at its discretion introduce the prospective buyer to the Seller. If the buyer buys the Lot from the Seller, John Weldon Auctioneers shall be entitled to, and the Buyer shall pay the Buyer's Premium as if the Lot had been sold at auction and the reference to the Hammer Price in Condition 22.3 was a reference to the price paid by the buyer for the Lot.
21 Counterfeits: Buyer's Obligations
21.1 If within 2 months of the date of the auction the Buyer satisfies John Weldon Auctioneers, on the basis of expert evidence, that a Lot previously bought by him at a John Weldon Auctioneers auction is a Counterfeit, the sale of the Lot will be cancelled and John Weldon Auctioneers will refund as much of the Purchase Price to the Buyer as the Buyer has already paid to John Weldon Auctioneers provided that:-
21.1.1 the Lot is returned to John Weldon Auctioneers in substantially the same condition as it was in when sold to the Buyer;
21.1.2 the buyer has not, following the auction, sold or otherwise transferred the Lot to a third party in exchange for money or anything else of value;
21.1.3 at the date the Catalogue in which the Lot was advertised was published, it would have been possible to establish that the Lot was a Counterfeit using a scientific process generally accepted for use that was not unreasonably expensive, impractical or likely to damage the Lot.
21.2 The only entitlement of the Buyer under Condition 27.1 is to the refund described in that Condition. The refund shall not extend to any other loss suffered by the Buyer as a result of the Lot Being a Counterfeit (including but not limited to loss of profits). John Weldon Auctioneers shall not have any other responsibility to the Buyer.
21.3 Only the Buyer (of if applicable, the personal representative of the Buyer's estate) may claim under Condition 27.1. The right to make such a claim does not pass to any third party to whom the Buyer may have transferred the Lot.
C BUYERS CONDITIONS
22 INSPECTION Buyers and prospective Buyers are deemed to have satisfied themselves before bidding by inspection or otherwise as to (but not limited to) the physical condition (including defect) of the Lot and its description in the Catalogue Buyers and prospective Buyers should note the provisions of General Conditions 2.4 and 2.5 in relation to descriptions of the Lot in the Catalogue.
23 THE BUYER
23.1 Any dispute as to who is the Buyer of any Lot shall be settled by John Weldon Auctioneers.
23.2 Every bidder at an auction run by John Weldon Auctioneers shall be deemed to act as principal unless prior to start of the auction John Weldon Auctioneers has given a written acknowledgement that a bidder is acting as agent for a named principal.
24. BUYERS PREMIUM Where a Buyers premium is levied, it shall be 15% of the Hammer Price plus of VAT at the current rate. The Buyer also acknowledges that John Weldon Auctioneers may receive commission from the Seller in accordance with Condition 11 hereof.
25. VAT Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue by an asterisk.
26.COMMISSION BIDS
26.1 Prospective Buyers are advised to attend in person auctions run by John Weldon Auctioneers. However John Weldon Auctioneers will if so instructed execute written bids up to a specified limit from prospective Buyers sent by post or facsimile transmission to John Weldon Auctioneers in advance of an auction or (at John Weldon Auctioneers discretion) bids by telephone made by or on behalf of prospective Buyers. Before the auction, the Buyer shall deliver any instructions regarding commission bids, whether delivered by post, facsimile transmission, telephone or in person to the appropriate employee authorised to accept such instructions. Neither John Weldon Auctioneers nor its employees or agents will be liable for any neglect default or failure to act in connection with any commission bids.
26.2 In the event that John Weldon Auctioneers 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 15.2 and to John Weldon Auctioneers ultimate discretion it shall be sold to the person whose commission bid was received first.
27 TITLE AND RISK
27.1 Upon the acceptance of a bid (indicated by fall of the hammer) by John Weldon Auctioneers;
27.1.1 A contract of sale for the Lot in question is completed between the Seller and the Buyer to which John Weldon Auctioneers is not a party and will not be liable for nay breach thereof by either the Seller or the Buyer.
27.1.2 The Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card to give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to John Weldon Auctioneers such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneers sole discretion) lead to the Lot being put up again and re-sold.
27.2 Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid (and the monies cleared) in accordance with Condition 16.3 John Weldon Auctioneers shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 16.3.
28 PAYMENTS
28.1 A prospective Buyer must if practicable prior to an auction register to bid and must then give John Weldon Auctioneers his full name and permanent address and if requested by John Weldon Auctioneers, banking or other suitable references.
28.2 The Purchase Price must be paid to John Weldon Auctioneers not later than 48 hours following the auction.
28.3 Full payment for all Lots must be made to John Weldon Auctioneers by means of bankers draft, cash or telex transfers in EURO €. 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 John Weldon Auctioneers prior to the date of the auction.
28.4 Any payments by a Buyer to John Weldon Auctioneers may be applied by John Weldon Auctioneers towards or set off against any sums owing from that Buyer to John Weldon Auctioneers on any account whatever regardless of any directions of the Buyer or his agent, whether express or implied.
29 REMOVAL OF PURCHASED LOTS
29.1 No Lot may be removed by the Buyer until the Purchase Price has been paid in full and the monies cleared in accordance with Conditions 16.3.
29.2 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 John Weldon Auctioneers the Storage Charges.
30 30.1 As the risk in respect of a Lot will pass to the Buyer from the fall of the hammer (as provided by Condition 27.1) the Buyer will be responsible for any loss or damage to the Lot from that time. Neither John Weldon Auctioneers nor its agents or employees shall be responsible to the Buyer for any loss or damage of any kind whether caused by negligence or otherwise while the Lot is in its custody or control.
30.2 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 the Lot. John Weldon Auctioneers will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all firearm regulations.
30.3 The Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Law and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to the Dangerous Substances.
31 NON-PAYMENT OR FAILURE TO COLLECT If a Lot is not paid for in full and removed in accordance with Conditions 28and 29, John Weldon Auctioneers as agent for the Seller shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies (without prejudice to any other rights it may have);
31.1 Issue legal proceedings against the Buyer for damages for breach of contract;
31.2 Rescind the sale of the Lot and resell the Lot by auction, private treaty or any other means;
31.3 Charge the Buyer all the charges and expenses of the resale (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;
31.4 Remove, store and insure the Lot at the expense of the Buyer;
31.5 Charge interest on the Purchase Price at a rate not exceeding 4% per month to extent that it remains unpaid for more than 5 working days after the date of the auction;
31.6 Retain any Lot knocked down to the Buyer at the same or any other auction until payment of a Purchase Price by the Buyer;
31.7 Exercise a lien on any other property of the Buyer in John Weldon Auctioneers possession for nay purpose;
31.8 Rescinded the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;
31.9 Reject to 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.
33 Counterfeits:
33.1 None of the Seller, John Weldon Auctioneers or its employees or agents is responsible for errors of description (made either orally or in any Catalogue) or for the genuineness or authenticity of any Lot. John Weldon Auctioneers, its employees and agents give no Warranty whatsoever or by any Seller to any Buyer is respect of any Lot and any express or implied conditions and warranties are hereby excluded.
33.2 Notwithstanding any other term of these Conditions, if within two months after the sale John Weldon Auctioneers 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 John Weldon Auctioneers in the same conditions 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:
33.2.1 The Buyer is not able to satisfy John Weldon Auctioneers that the Lot is a deliberate forgery on the basis of evidence from experts;
33.2.2 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
33.2.3 The Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims;
33.3 Any claim by a Buyer under Condition 28.2 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.
33.4 The benefits 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 John Weldon Auctioneers in respect of the Lot when sold and who has since the sale retained uninterrupted unencumbered ownership of that Lot.
34. PHOTOGRAPHS AND ILLUSTRATIONS The Buyer gives John Weldon Auctioneers the absolute right to use its photographs and illustrations of Lots at any time at John Weldon Auctioneers absolute discretion (whether or not in connection with the auction).
35. CLIENT MONEY John Weldon Auctioneers will hold any money belonging to the Seller or the Buyer in a separately designated client account. Due to the speed and number of transactions involved John Weldon Auctioneers do not attempt to calculate or credit to the client any interest which may be earned as a result of handling these monies.
