Central Auctioneers - Terms & Conditions of Business

Third Party Disclaimer. Every person on Central Auctioneers premises shall be deemed to be at the Santa Ponça Salerooms at their own risk. They shall have no claim against Central Auctioneers in respect of any accident, injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of our staff.

Estimates. Presale estimates, when given are intended only as a guide for intending purchasers and are given in good faith.

Registration Form. We require that intending bidders should complete a Registration Form giving details of their Name and address and providing proof of their identity. A bidding number will then be issued which should be clearly shown to the auctioneer at the fall of the hammer on any item they have purchased. Where no acceptable Proof of Identity is available then a deposit of 50 Euros may be required for issue of a bidding card. The Auctioneer may refuse to accept a bid from any person not in possession of a Bidding Card. The bidding card should be returned to the office at the end of the sale.

Buyers Premium. A buyer’s premium at the rate of 10% + IVA will be charged in addition to the hammer price.

Payment. We accept Cash payments only. Cheques will only be accepted by special arrangements, and goods may not be removed until the cheque has cleared through the Bank.

IVA. The symbol* after the lot number indicates that IVA is payable at the current rate by the purchaser on the hammer price in addition to the Buyer’s Premium. Where this applies an IVA Invoice will be issued upon request.

Commission Bids. We will be pleased to execute bids on behalf of intending buyers and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids should be submitted to the Auctioneer’s Office at least one hour before the commencement of the sale and should be entered on the forms provided.

Conditions of Sale

1. Vendors are reminded that the Vendor’s Conditions of Sale and Terms of Agreement are incorporated into the Central Auctioneers Registration Form.

2. Central Auctioneers have absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the sale, to refuse bids, regulate bidding or to cancel the sale without in any case giving any reason, or without any previous notice.

3. Any instructions given to the Auctioneers over the telephone or through the internet by vendors or prospective buyers are accepted at the vendors or prospective buyers risk and must, in any event, be confirmed in writing.

4. Central Auctioneers act only as agents for the vendor. At his discretion, the auctioneer may bid on behalf of the vendor for all goods which are being offered, subject to reserve or otherwise.

5. The highest bidder shall be the buyer. The auctioneer may, at his sole discretion, determine the advance of the bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen he has absolute discretion to settle the dispute or re-offer the lot. The auctioneers may only re-offer if a bidder contests a matter immediately, and before the offering of the next lot.

6. The auctioneers accept no responsibility for the accuracy of any statement, whether printed in the catalogue, published on the internet or made orally, as to grading, authorship, attribution, genuineness, origin, date, age, provenance and/or condition. All such statements are statements of opinion and are not to be taken as being, or implying, warranties, guarantees or representations of fact. The Auctioneers reserve the right in forming their opinion, to consult and rely on any expert or authority considered by them to be reliable.

7. Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, is deemed to have knowledge of all the Conditions of Sale and to have satisfied themselves as to the physical condition and accuracy of the description of the lot, including, but not restricted to, whether the lot is damaged or was damaged and has been repaired.

8. All lots are sold as shown, with all faults, imperfections and errors of description. However, if within seven days of the sale of any lot, the buyer gives notice in writing to the auctioneers that the lot sold is a “forgery” *, and if within fourteen days of giving such notice the buyer returns the lot in the same condition as it was at the time of the sale to the premises of the auctioneers and there is shown, to the satisfaction of the auctioneers, that having regard to the catalogue description the lot sold is a “forgery”, the auctioneers are authorised to, and will, rescind the sale and refund the purchase price received by them. This right is limited to the buyer and may not be assigned.

9. Each lot, at the fall of the hammer, will be at the risk of the purchaser and will be taken away at the purchasers risk and expense by close of business on the day following the sale unless prior arrangements have been made with the auctioneers. In the event of any liability upon the auctioneers in respect of any loss, this shall be restricted to a maximum of the price paid by the buyer.

10. The title of the goods shall not pass to the buyer until the purchase price has been paid in full and including the premium at the stated rate.

11. At the fall of the hammer any purchaser who has not registered before the sale shall provide proof of identity and may be required to pay immediately a percentage, or the whole of the purchase price. If the buyer fails to comply with these requirements the lot may, at the auctioneers sole discretion, be put up again and resold. No lots may be taken away until paid for and a proof of payment obtained from the Auctioneers office.

12. All lots must be paid for on the day of sale or by arrangement only on the following day. Purchasers who have arranged to pay by cheque will not be allowed to collect their lots until such a time as their cheque has been cleared.

13. If any lot is not paid for and removed in accordance with the provisions of the Conditions of Sale, then the Auctioneers may, without prejudice to any other right they have, remove, store and insure the lot/s at the expense of the defaulting buyer. If after the expiry of seven days from the date of the sale, the purchaser is still in default, the Auctioneers may resell the lot/s, either by public auction or private contract. The purchaser, making such default, shall be liable for any deficiency arising from such resale and for resulting expenses. Any surplus arising shall belong to the vendor.

14. The buyers premium shall be the same for all buyers where the service offered is the same. Bidders in the room shall pay a premium of 10% plus IVA on the hammer price.

15. Central Auctioneers reserve the right to illustrate any lot offered for auction and will use such photographs/digital images, both before and after the auction, at their discretion. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.

16. The export of any lot from the Kingdom of Spain, or import into another country, may be subject to licences being granted. It is the buyers responsibility to obtain any relevant import or export licence/s. The denial of any such licence or delay in obtaining a licence shall not justify the rescission or cancellation of the sale.

Auction Diary 2011
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