Buyer's Terms and Conditions
Please read these Terms and Conditions
The following are the Terms upon which Authenticated Internet Auctions ('AIA') auctions a lot ('the Lot') on its website at http://www.authenticatedinternetauctions.com or any subsequent URL used by AIA from time to time ('the website'):
AIA's Role
1. AIA act as auctioneers of the Lot for the seller of the Lot ('the Seller').
2. At the time of the auction, the Lot will not be in the possession of AIA, as it is the responsibility of the Seller to retain the Lot until the Lot is delivered to the successful buyer. Save for carrying out the 360 degree photography of the Lot, AIA's knowledge in relation to the Lot is dependent upon information provided to it by the Seller.
3. The contract for the sale of the Lot is made between you and the Seller for whom AIA acts as agent only. The obligations to you arising under the Contract for sale to you are therefore the Seller's obligations and not AIA's obligations.
4. AIA reserves the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the website. The date of the Terms and Conditions are stated at the top of the Terms and Conditions. However, the Terms and Conditions current at the start of a transaction will apply until that transaction is completed.
5. AIA reserves the right to modify or withdraw the website (or any part) at any time without notice.
The Lots
6. AIA uses 360 degree photography to display a Lot from multiple angles on the website. AIA warrants that the photographs of the Lot on the website or in the catalogue have not been airbrushed or altered in any way.
7. AIA warrants for a period of five years from the date of the sale of the Lot that if the Lot is stated without qualification to be the lot of a named author that the Lot is authentic and not a forgery. This warranty is subject to the following provisos:
a. The warranty does not apply where:
(i) a scientific process not generally accepted for use until after the publication of the Lot on the website or catalogue; or
(ii) a process which at the date of the publishing of the Lot on the website or catalogue was unreasonably expensive or impractical or likely to have caused damage to the Lot or reduce the value of the Lot
is the only means of demonstrating the correct identification of the Lot.
b. The warranty does not apply where the description of the Lot on the website or catalogue corresponded to the generally accepted opinion of scholars or experts at the date of the sale or the description fairly indicated that there was a conflict of opinions.
c. The benefits of the warranty are not assignable and shall apply only to the original buyer of the Lot and the original buyer must have remained the owner of the Lot without disposing of any interest in it to a third party.
d. The Buyer's sole and exclusive remedy against AIA and the Seller shall be the cancellation of the sale and the refund of the Sale Price paid. AIA and the Seller shall not be liable for any indirect or consequential losses.
e. The Buyer must give written notice of the claim to AIA within five years of the date of the auction. AIA shall have the right to require the buyer to obtain the written opinions of two recognised experts in the field mutually acceptable to AIA and the Buyer, before AIA decides whether or not to cancel the sale under the warranty.
f. The Buyer must return the Lot to AIA in the same condition as at the time of the sale.
8. Save for the warranties set out in clauses 6 and 7 above, the Seller takes sole responsibility for any faults or defects in the Lot and for anything stated on the website in relation to the Lot including but not limited to any description of the Lot, its condition, ownership or authenticity.
9. The Lot is sold subject to the condition report for the Lot and subject to all reservations contained therein. You acknowledge that the Lot may not be in perfect condition and that no promise is made that the Lot is fit for any particular purpose.
The Auction
10. AIA will accept bids from online bidders through the website, from telephone bidders or by absentee written bids in accordance with the terms set out below.
11. Online bids for the Lot shall be submitted by commission bid through the website using Invaluable/Artfact/AuctionZip's bidding platform in accordance with Invaluable/Artfact/AuctionZip's terms and conditions (or through such other bidding platform as AIA decides from time to time).
12. Telephone bids are to be confirmed by the bidder with AIA's bid department at least 24 hours before the auction on [insert telephone number]. Telephone bids may be recorded and by bidding on the telephone you consent to our recording the conversation.
13. Absentee bid forms are available on our website and in the catalogue. You shall submit absentee bid forms to AIA at least 24 hours before the auction, although AIA retains a discretion to accept absentee bids at a later time prior to the auction. If AIA receives more than one absentee bid for a Lot for identical amounts which are the highest bids at the auction, the Lot will be sold to the person whose bid was received and accepted first.
14. AIA have sole and absolute discretion to determine whether any bid has been received, and the time at which any such bid has been received. AIA's decision is final and binding in relation to such matters. AIA reserves the right to reject any bid and may require the production of bank details from which payment will be made or other financial references.
15. The Lot may be subject to a reserve which shall be no higher than the lower pre-estimate of the Lot. A sale of the Lot shall not take place if the highest bid is lower than the reserve. AIA is authorised to bid for the Lot on behalf of the Seller up to the amount of the reserve. In accordance with common auction practice bids placed on behalf of the seller will not be identified.
16. Provided that the reserve is met (and subject always to clause 14 hereof), the first highest bidder for the Lot shall be the Buyer of the Lot ('the Buyer') and that first highest bid shall be the Sale Price.
17. AIA shall notify the first highest bidder that he is the Buyer of the Lot as soon as reasonably practicable after the auction period ends.
Preservation of the Integrity of AIA
18. For the purposes of the preservation of its integrity, AIA reserves the right to withdraw any Lot from its website, the catalogue and/or the auction/bidding process at any time entirely at its sole discretion.
Payment
19. Within 10 days of AIA emailing or otherwise sending an invoice to the Buyer, the Buyer shall pay to AIA in pounds sterling:
a. the Sale Price; and
b. the Buyer's Premium due to AIA which is calculated at 12% of the Sale Price plus any applicable VAT; and
c. if the Artist's Resale Right Regulations 2006 apply to the Lot, the Buyer also agrees to pay an amount equal to the resale royalty provided for in those Regulations.
d. Payment s may be made by Bank transfer, personal cheque's (which must be cleared before goods are released)
Debit cards no charge
Credit Cards
Visa and Mastercard +2%
Commercial cards +2.5%
Wire Transfers should be sent to :-
AIA
National Westminster Bank
St James and Piccadilly Branch
PO Box 2DG 208 Piccadilly
London W1A 2DG
Account number 21566879
Sort code 56 00 03
Iban GB29NWBK56000321566879
Bic/swift NWBKGB2L
20. If the Buyer fails to pay to AIA any sums when due AIA has discretion to exercise the following rights:
a. AIA has the right to cancel the sale of the Lot.
b. AIA has absolute discretion to sell the Lot without reserve by auction or privately on giving to the Buyer one month's written notice. If a lower price is obtained upon such re-sale than was obtained on the first sale, the Buyer shall make good the difference in price and the expenses of re-sale which shall become a debt due from him.
c. AIA may charge interest at 5% per annum above the Bank of England's base rate from time to time on the outstanding sums to be calculated on a daily basis from the date when the monies became payable until the date of actual payment.
d. AIA may release the name and address of the Buyer to the Seller to enable the Seller to commence legal proceedings to recover all sums properly due
e. The Buyer shall indemnify AIA against all legal and other costs, all losses and all other expenses (whether or not court proceedings have been issued) incurred as a result of AIA taking steps under this clause 20 on a full indemnity basis.
f. To exclude the Buyer from engaging in any further business with AIA.
Title and Risk
21. Title to a Lot shall pass to the Buyer once the Buyer has made payment in full in accordance with clause 19 hereof.
22. Risk in the Lot shall pass from the Seller to the Buyer at the earlier of delivery of the Lot to the Buyer and 14 days after the end of the auction.
Delivery of the Lot
23. When the auction has been concluded and payment has been made in accordance with clause 19 hereof, AIA shall liaise with the Buyer and the Seller to organise delivery of the Lot to the Buyer.
24. The Buyer shall be responsible for the packing, handling and transport costs of the delivery of the Lot to the Buyer.
25. It is the Buyer's sole responsibility to obtain any necessary export, import, or other permit for the Lot and to complete any required export or import documentation. AIA makes no representations on these matters.
Copyright
26. The copyright in all images and written material produced by or for AIA relating to a Lot shall remain at all times the property of AIA and shall not be used by the Buyer nor by anyone else without AIA's prior written consent. AIA and the Seller make no representation or warranty that the buyer of a Lot will acquire any copyright or other reproduction rights in it.
Limitation of Liability
27. AIA is not liable for any errors or omissions in information provided at any time by the Seller to AIA and thereafter by AIA to the Buyer, or at all whether made orally, by conduct or in writing, and whether negligent or otherwise.
28. Any claim against AIA is limited to the Sale Price of the relevant Lot. AIA shall not be liable for any indirect or consequential losses.
29. In any contract arising consequent upon dealings with this website, none of the Terms of such contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to such contract.
30. If any of the provisions of these Terms and Conditions are declared by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect the validity or enforcement of these Terms and Conditions.
31. Whenever and to the extent that any provisions of these Terms and Conditions would or might contravene the provisions of any relevant legislation
31.1 such provision is to take effect only insofar as it may do so without contravening such legislation
31.2 where such provision is incapable of having any effect without contravening such legislation these Terms and Conditions are to be construed and interpreted as if such provision was deleted.
The legality, validity and enforceability of any of the remaining provisions of these Terms and Conditions are not in any way to be affected or impaired as a result.
32. Nothing in these Terms and Conditions shall exclude or limit any claim against AIA in respect of any fraudulent misrepresentation made by AIA, or in respect of death or personal injury caused by the negligent acts or omissions of AIA.
Dispute Resolution
33. If any dispute arises respecting a bid, AIA has sole and absolute discretion to determine the dispute, which may include the right, at the Seller's option, for the Lot to be put up again for auction at the last undisputed bid, or to be withdrawn .
Jurisdiction
34. These Terms and Conditions will be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts provided that the submission by the parties to such jurisdiction shall not limit the right of AIA to commence any proceedings arising out of these Terms and Conditions in any other jurisdiction it may consider appropriate.
Delivery of the Lot
When the auction has been concluded and payment has been made in accordance with clause 19 hereof, AIA shall liaise with the Buyer and the Seller to organise delivery of the Lot to the Buyer.
The Buyer shall be responsible for the packing, handling and transport costs of the delivery of the Lot to the Buyer.
It is the Buyer's sole responsibility to obtain any necessary export, import, or other permit for the Lot and to complete any required export or import documentation. AIA makes no representations on these matters.
Payment, Buyers Premium & VAT
Within 10 days of AIA emailing or otherwise sending an invoice to the Buyer, the Buyer shall pay to AIA in pounds sterling:
a. the Sale Price; and
b. the Buyer's Premium due to AIA which is calculated at 12% of the Sale Price plus any applicable VAT; and
c. if the Artist's Resale Right Regulations 2006 apply to the Lot, the Buyer also agrees to pay an amount equal to the resale royalty provided for in those Regulations.
d. Payment s may be made by Bank transfer, personal cheque's (which must be cleared before goods are released) Debit cards - no charge, Credit Cards Visa and Mastercard +2%, Commercial cards +2.5%, Wire Transfers.
