Terms & Conditions
Fryer & Brown Auctioneers Limited
Fryer & Brown Auctioneers Limited carries on business, including the conduct of Auctions, on these general conditions. This includes any business with Bidders, Buyers, Vendors, consignors, users of this website, and with all those present on the Premises prior to or in connection with an Auction (all as hereinafter defined).
1. Introduction
1.1 The following defined terms are used in these Conditions :
"Auction" means any Auction conducted by Fryer & Brown Auctioneers Limited, either at their premises or elsewhere (including any internet-based auctions);
"Auctioneer" means Fryer & Brown Auctioneers Limited or its authorised Auctioneer, as appropriate;
"Bidder" means a bidder at an Auction, including bidders personally present at the venue and those bidding by telephone or over the internet or otherwise;
"Buyer" means the bidder whose bid was the last bid when the Auctioneer brings down the hammer;
"Conditions" means these terms and conditions;
"Consigned Property" means the items consigned by the Vendor to Fryer & Brown Auctioneers Limited for offer at an Auction;
"Deliberate Forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described by Fryer & Brown Auctioneers Limited in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
"Fryer & Brown Auctioneers Limited" means Fryer & Brown Auctioneers Limited Ltd;
"Hammer Price" means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer;
"Includes" means "includes but not limited to", and "including" means "including but not limited to"
"Lot" means any Consigned Property accepted by Fryer & Brown Auctioneers Limited for offer at Auction;
"Stated Rate" means Fryer & Brown Auctioneers Limited' published rates of commission for the time being and value added tax thereon (also available on request);
"Terms of Consignment" means any stipulated terms and rates of commission on which Fryer & Brown Auctioneers Limited accepts instructions from Vendors or their agents;
"Total Amount Due" means the Hammer Price in respect of the Lot sold together with any premium, commission, value added tax chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
"Vendor" means the vendor of an item (including Consigned Property) which is submitted to Fryer & Brown Auctioneers Limited for offer for sale at an Auction;
"Website" means this website;
"You" means any person with whom Fryer & Brown Auctioneers Limited do business with, including any user of the Website.
2. Website
2.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. By accessing any part of the Website, you shall be deemed to have accepted these Conditions notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
2.2 Fryer & Brown Auctioneers Limited may revise these Conditions at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Fryer & Brown Auctioneers Limited or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Fryer & Brown Auctioneers Limited prior written permission.
2.5 Any rights not expressly granted in these Conditions are reserved.
3. Visitor Material and Conduct
3.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Fryer & Brown Auctioneers Limited shall have no obligations with respect to such material. Fryer & Brown Auctioneers Limited and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
3.2 You are prohibited from posting or transmitting to or from the Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You may not misuse the Website (including, without limitation, by hacking).
3.4 Each registration is for a single user only. Fryer & Brown Auctioneers Limited does not permit you to share your user name and password with any other person nor with multiple users on a network.
3.5 Responsibility for the security of any passwords issued rests with you.
4. The Vendor
4.1 Fryer & Brown Auctioneers Limited shall act as agent of the Vendor only. Any contract for the sale of a Lot will be formed between the Vendor and the Buyer.
4.2 The Vendor warrants and represents to Fryer & Brown Auctioneers Limited and the Buyer that the Vendor is the sole and true owner of the Consigned Property or is properly authorised by the sole and true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. The Vendor warrants and representatives that the Vendor has revealed all pertinent information that the Vendor possesses about the items, including in relation to any repairs or alterations that may have been carried out. The Vendor shall indemnify Fryer & Brown Auctioneers Limited and the Buyer against any loss and expense caused by any breach of this clause 4.2.
4.3 The Vendor shall be entitled to place prior to the Auction a reserve on any Lot, being the minimum Hammer Price at which Lot may be sold. Reserves must be reasonable and Fryer & Brown Auctioneers Limited may decline to offer goods which in Fryer & Brown Auctioneers Limited' opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and insurance charges stipulated in the terms of consignment). Reserves will not be accepted on items with a bottom estimate less than £50. The Auctioneer also reserves the right not to accept items which they deem to be unsuitable for Auction. Any estimate given shall be an opinion and is not an undertaking, warranty or representation of any kind and will not have any legal effect.
4.4 A reserve once set cannot be changed except with the written prior consent of Fryer & Brown Auctioneers Limited.
4.5 Where a reserve has been placed only Fryer & Brown Auctioneers Limited may bid on behalf of the Vendor.
4.6 The Vendor authorises Fryer & Brown Auctioneers Limited to deduct commission from any sold items at a rate of 20% (plus VAT) on any item with a hammer price of £500 (or under) or 15% (plus VAT) on items over £500. Loss or liability for damage will be charged at a rate of 1.5% (plus VAT) calculated on the hammer price. All items below £40 are subject to a minimum fee of £10 (plus VAT) per Lot.
4.7 Fryer & Brown Auctioneers Limited will pay the Hammer Price achieved for the Lot (less the commission and applicable fees in accordance with clauses 4.6, 9.2, and 9.3), to the Vendor on receipt of payment of the Total Amount Due in full by the Buyer.
4.8 The Vendor authorises Fryer & Brown Auctioneers Limited in their discretion to negotiate a sale by private treaty in the case of a Lot unsold at Auction, in which case the same charges will be payable as if the Lot had been sold at Auction.
4.9 Fryer & Brown Auctioneers Limited do not themselves undertake the collection of any items but may, as the Vendor's agent, instruct a contractor on behalf of the Vendor. Fryer & Brown Auctioneers Limited disclaims any liability for the actions of such contractor who contracts with the Vendor direct.
4.10 Fryer & Brown Auctioneers Limited disclaims all liability for items delivered to their saleroom without sufficient sale instructions, and reserves the right to make a minimum warehousing charge of £1.00 plus VAT per item per day. Unsold items are subject to the same charges if the Vendor does not remove them within 7 days of notification. Insurance of these items ceases to be the responsibility of Fryer & Brown auctioneers Limited after 7 days following the most recent offering by auction of the lot concerned. If not removed within three weeks Fryer & Brown Auctioneers Limited reserves the right to sell the items and defray charges from any net proceeds of sale or at the Vendor's expense to consign them to the local authority for disposal. Fryer & Brown Auctioneers Limited disclaims any liability for default by the Buyer or for paying out the Vendor before receiving payment by the Buyer.
4.11 Subject to clause 4.9, Fryer & Brown Auctioneers Limited holds all items on their premises and in their custody covered against the risks of fire, burglary and water damage on the scale of charges notified in the terms of consignment and payable by the Vendor up to the date of any sale and (in Fryer & Brown Auctioneers Limited' discretion) the Buyer thereafter for a period of 7 days.
4.12 The right of Fryer & Brown Auctioneers Limited to bid on behalf of the Vendor is expressly reserved. The Vendor acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to consignors at the time of the entry of the Lot.
4.13 The Auctioneer reserves the right to dispose of any item delivered to the saleroom that in their opinion is unsaleable. Items, including electrical goods and soft furnishings, which do not comply with current legislation will not be offered at Auction.
4.14 Any items unsold after an Auction will be reoffered in a subsequent Auction at a reduced reserve to be agreed within seven days. The Auctioneer may request the removal of an item if a reduced price cannot be agreed; items not removed within 7 days will be subject to a storage charge but shall not be covered by any insurance by Fryer & Brown auctioneers.
4.15 A charge of 10% (plus VAT) based on the middle estimate - plus any other charges incurred - may be levied for any Lot withdrawn by the Vendor from offer at an Auction. If the item has to be returned by post (or any other method) the Vendor will be responsible for this charge. These charges are to be paid before the item is returned.
4.16 By submitting the item to Fryer & Brown Auctioneers Limited for offer at Auction, the Vendor agrees to the Terms of Consignment and authorises Fryer & Brown Auctioneers Limited to deduct the specified charges.
5. Publicity
5.1 Any catalogue and buyer guides are provided for information only and do not form by themselves form part of these Conditions. However, the catalogue and the buyer guides may contain additional terms and conditions.
5.2 Fryer & Brown Auctioneers Limited reserve the right to use any photographs, background information, and research for publicity purposes both before and after the sale.
6. The Auction
6.1 Any Auction shall be conducted at the absolute discretion of the Auctioneer.
6.2 The Auctioneer shall conduct the Auction with reasonable skill and care. For example, what constitutes a bid shall be at the absolute discretion of the Auctioneer, acting with reasonable skill and care.
6.3 The Auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such greater proportion as the Auctioneer shall in his or her absolute discretion direct.
6.4 Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his absolute discretion shall determine which bid to prefer. Subject to the foregoing, where two or more bids at the same level are simultaneously received by the Auctioneer, any bid by a Bidder personally present at an Auction shall take preference over any bid submitted by telephone or over the internet. Any bid made or attempted by telephone or over the internet shall be deemed to have been made only if received by the Auctioneer.
6.5 Fryer & Brown Auctioneers Limited shall have the right, at its absolute discretion, to refuse admission to its premises or attendance at (or participation in) any Auction by any person.
7. Bidders
7.1 Bidders may be required to register their particulars. Bidders attending in person may be required to satisfy Fryer & Brown Auctioneers Limited' security arrangements before entering any part of the premises to view or bid.
7.2 You accept full liability for all bids submitted.
Once a bid has been made by a Bidder, the bid can be lowered or increased up until 9am on the day of the auction.
Should a bid be placed in error you must notify Fryer & Brown Auctioneers Limited immediately. Failure to contact Fryer & Brown Auctioneers Limited before the auction takes place will result in liability for the full payment of the item.
7.3 Subject to clause 6.3, the highest Bidder at the Hammer Price shall be the Buyer. Any dispute about a bid shall be settled at the Auctioneer's absolute discretion.
7.4 Bidders are deemed to act as principals unless there is a written prior acknowledgement by Fryer & Brown Auctioneers Limited that a Bidder is acting as an agent for a named principal.
7.5 Bidders are strongly encouraged to attend the Auction in person. Bidders shall be responsible for any decision to bid for a particular Lot and shall be deemed to have carefully inspected and satisfied themselves as to its condition. Neither Fryer & Brown Auctioneers Limited nor its employees or agents shall be responsible for any neglect or default in doing or failing to do so.
7.6 Bidders are given ample opportunities to view and inspect before any sale and prospective Buyers must satisfy themselves as to all such matters. Neither Fryer & Brown Auctioneers Limited nor its employees and agents nor the Vendor accept liability for the correctness of such opinions, and all conditions and warranties, express, implied or statutory are hereby excluded.
8. The Buyer
8.1 Immediately a Lot is sold, the Buyer shall:
(a) give to Fryer & Brown Auctioneers Limited their name and address and, if requested proof of identity, and
(b) pay to Fryer & Brown Auctioneers Limited the Total Amount Due.
8.2 Fryer & Brown Auctioneers Limited may, at its absolute discretion, agree credit terms with the Buyer before an Auction under which the Buyer may be entitled to take possession of Lots up to an agreed value in advance of payment by a stipulated future date of the Total Amount Due.
8.3 Cheques shall not be acceptable by Fryer & Brown Auctioneers Limited (unless Fryer & Brown Auctioneers Limited in its absolute discretion permits payment by such method) nor are third party references or credit facilities with other Auction houses. If a cheque is tendered Fryer & Brown Auctioneers Limited reserves the right to instruct its bank to check the Buyer's status and account balance before exercising any discretion. Any credit arrangement must be settled at least 4 days before the relevant sale. Any permitted payment by credit card shall carry an extra charge to the Buyer of such percentage of the Total Amount Due as is displayed on the premises.
8.4 Any payments by a Buyer to Fryer & Brown Auctioneers Limited may be applied by Fryer & Brown Auctioneers Limited towards any sums owing from that Buyer to Fryer & Brown Auctioneers Limited on any account whatever without regard to any directions of the Buyer or his agent, whether express or implied.
9. The Purchase Price
9.1 On the Hammer Price (of any Lot) the Buyer will pay the Hammer Price and a premium of 20% (plus VAT on the total of the Hammer Price and the premium). Value Added Tax is charged at the rate prevailing by law at the date of sale.
9.2 Value Added Tax on the Hammer Price is imposed on all items affixed with an asterisk thus - *.
9.3 Buyers will pay a commission charge of an additional 3% + VAT of the hammer price if lots are successfully purchased online via Live Auctioneers and the-saleroom.com.
9.4 Non UK or EU VAT registered buyers can have most classes of VAT refunded on their purchases - please note that auctioneers are under no obligation to provide VAT refunds, although many will offer this service. HMRC are the ultimate refunding authority. VAT refunds are subject to provision of statutory export/import documentation. HMRC have decreed that VAT on buyer's premium is always payable whether the buyer is domiciled in the UK, the EU or outside the EU or wherever the goods are to be sent. So auctioneers cannot refund VAT on buyer's premium if the goods are sold under normal VAT rules.
10. Title and Collection of Purchases
10.1 The ownership of any Lot purchased shall not pass to the relevant Buyer until they have made payment in full to Fryer & Brown Auctioneers Limited of the Total Amount Due.
10.2 Buyers shall at their own risk and expense take away any Lot that they have purchased and paid for not later than 7 working days following the day of the Auction after which they shall be responsible for any removal, storage and insurance charges. Any delivery costs shall be paid in advance by the Buyer.
11. Default by Buyer or Vendor
11.1 As Fryer & Brown Auctioneers Limited act as agent for the Vendor, Fryer & Brown Auctioneers Limited is not responsible for default by the Vendor or the Buyer.
11.2 If any Lot is not paid for in full and taken away in accordance with these Conditions, or if there is any other breach of these Conditions, Fryer & Brown Auctioneers Limited as agent for the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:
(a) to proceed against the Buyer for an action for debt or damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by Fryer & Brown Auctioneers Limited to the defaulting Buyer;
(c) to re-sell the Lot by Auction or private treaty. If a lower Hammer Price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference (after crediting any part payment and adding any re-sale costs). Fryer & Brown Auctioneers Limited will account to the Vendor for any surplus achieved on a re-sale, however, it shall only be required to account to the Vendor for any resulting deficiency in the event that it receives payment of such sum in full from the defaulting Buyer.
(d) to remove, store and insure the Lot at the expense of the defaulting Buyer and, in the case of storage, either at Fryer & Brown Auctioneers Limited' premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 5 working days after the sale;
(f) to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due;
(g) to reject or ignore bids from the defaulting Buyer at future Auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to the defaulting Buyer towards the settlement of the total amount due and to exercise a lien on any of the Buyer's property in Fryer & Brown Auctioneers Limited' possession for any purpose.
(g) Fryer and Brown Auctioneers reserve the right to request a deposit against an item for any new bidder wishing to bid from outside the UK, this deposit will be applied to the overall cost of said item if the bidder is successful and returned within 2 working days if not. However should the buyer be successful and fail to pay in full they will deemed to be in default as detailed in Section 11 and said deposit will deemed to be forfit.
12. Deliberate Forgeries
12.1 Subject to clause 12.2, any representation or statement by Fryer & Brown Auctioneers Limited (including in any catalogue) as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Prospective Buyers are given ample opportunities to view and inspect before any sale and prospective Buyers must satisfy themselves as to all such matters. Neither Fryer & Brown Auctioneers Limited or its employees or agents nor the Vendor accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory are hereby excluded.
12.2 Any Lot which proves to be a Deliberate Forgery may be returned to Fryer & Brown Auctioneers Limited by the Buyer within 14 days of the Auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If Fryer & Brown Auctioneers Limited is satisfied from the evidence presented that the Lot is a Deliberate Forgery Fryer & Brown Auctioneers Limited shall refund the money paid by the Buyer for the Lot (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) the Buyer personally is not able to transfer a good and marketable title to Fryer & Brown Auctioneers Limited.
13. Limitations of Liability
13.1 All members of the public on the premises are there at their own risk and must note the lay-out of the accommodation and security arrangements.
13.2 Any indemnity under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and Fryer & Brown Auctioneers Limited declares itself to be a trustee of the benefit of every such indemnity so far as it is expressed to be for the benefit of its employees and agents.
13.3 While Fryer & Brown Auctioneers Limited endeavours to ensure that the information on the Website is correct, Fryer & Brown Auctioneers Limited does not warrant the accuracy and completeness of the material on the Website. Fryer & Brown Auctioneers Limited may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Fryer & Brown Auctioneers Limited makes no commitment to update such material.
13.4 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Fryer & Brown Auctioneers Limited provides you with the Website on the basis that Fryer & Brown Auctioneers Limited excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the Website.
14. General
14.1 Any notice to any Buyer, Vendor, Bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee 48 hours after posting or sending. All notices to Fryer & Brown Auctioneers Limited must be sent in writing and email is not acceptable.
14.2 Any indulgence extended to any person by Fryer & Brown Auctioneers Limited notwithstanding the strict terms of these Conditions or the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
14.3 These Conditions and any disputes or claims arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
14.4 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
15. Shipping
15.1 We offer a tracked and insured shipping service via The-Saleroom.com shipping service. Please see www.the-saleroom.com for details.
15.2 Due to the size and vulnerability of the items in our auctions, we are unable to post these items and advise buyers to check the cost of shipping before bidding.
The Saleroom (Online Bidding)
Fryer & Brown offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Fryer & Brown:
1. Authorise , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
2. confirm that you are authorised to provide these credit card details to Fryer & Brown through www.the-saleroom.com and agree that Fryer & Brown are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.
