Terms and Conditions
These conditions apply to all sales held by H&H Classics Limited
in England and Wales to the exclusion of all other Terms and
Conditions and no alteration or modification to these Conditions
will be binding on H&H Classics Limited unless accepted in
writing by them.
Your attention is specifically drawn to the "Notes for Intending
Purchasers" published in the front of the catalogue.
DEFINITIONS
In these Terms and Conditions the following words and
expressions shall unless the context otherwise requires have the
following meanings:
Auctioneer means H&H Classics Limited whose Registered
Office is at 8 Eastway, Sale, Cheshire UK M33 4DX; company
number 02852199 and Auctioneer means its representative who
actually conducts the sale.
Bidders Registration Form means the form to be completed
by each bidder pursuant to Condition 12.5.
The Buyer is the only person whose bid is accepted by the
Auctioneer to conclude the contract for the purchase of a Lot.
Buyer's Commission shall have the meaning given in
Condition 14.
Catalogue includes any advertisement, brochure, estimate,
price list and other publication generated or published by or on
behalf of the Auctioneer in relation to a sale.
Contract means the contract formed pursuant to these
Conditions between any of the Seller, the Buyer and the
Auctioneer.
Entry Form means the form to be completed by the Seller as to
each separate Lot pursuant to Condition 1.1.
Estimated Value means the value given by the Seller in the
Entry Form as the Estimated Value of the vehicle and if more than
one value is given, the higher of those values.
Expenses in relation to a Lot means the Auctioneer's charges
and expenses for illustrations, special advertising, packing, freight,
transport, storage and any other charges and expenses of that
Lot (other than the commission) plus VAT on any of them.
The charges for uplifting an item, either sold or unsold, into
storage, with charges, are as follows:
Motor Cars
Uplift - £175
Storage - £10 per day for the first fourteen days or part thereof
and £30 per week or part thereof thereafter (subject to change
without notice).
Motorcycles
Uplift - £60
Storage - £5 per day for the first fourteen days or part thereof
and £12 per week or part thereof thereafter (subject to change
without notice).
Bicycles
Uplift - £20
Storage - £3 per day for the first fourteen days or part thereof
and £8 per week of part thereof thereafter (subject to change
without notice).
Automobilia/Motobilia
Charges for these items are determined by size and weight:
'A' - the standard charge and will not be marked in the sales
catalogue - £8 uplift and £1 per day storage (subject to change
without notice).
'B' - larger items and marked * in the sales catalogue - £20 uplift,
£2 per day storage (subject to change without notice).
'C' - the largest items marked ** in the sales catalogue - £50
uplift, £5 per day storage (subject to change without notice).
'R' - items needing to be 'Referred' for individual quotations
marked 'R' in the sales catalogue (subject to change without
notice).
Hammer Price means the price in £ sterling at which a Lot is
knocked down by the Auctioneer to the Buyer at the fall of the
hammer.
Lot means any item or items consigned with a view to its or their
sale at auction.
Premises means the place at which the Auctioneer are
conducting that particular sale.
Reserve means the minimum Hammer Price (if any) agreed
between the Auctioneer and the Seller at which the Lot may be
sold.
The Sale means the auction sale in respect of which the Lot is
consigned for sale.
Sale Proceeds means the net amount payable by the
Auctioneer to the Seller being the Hammer Price less the sum of
the commission, the expenses, the entry fee (if not already paid)
and the VAT chargeable on any of them.
Seller means the person who offers the Lot for sale whether or
not he is the true owner.
Seller's Commission means commission payable by the Seller
pursuant to Condition 6.
Stated rates means the usual rates of Commission, Entry
Fees and any other charges for the time being plus the VAT
chargeable on any of them. The current rates are as follows:
Motor Cars
12% to the Buyer, 5% to the Seller (minimum £150 to both
parties)
Entry Fee - £100 for a standard catalogue entry
£200 for a premium catalogue entry
£400 for a deluxe catalogue entry
Motorcycles
12% to the Buyer, 10% to the Seller (minimum £50 to both
parties)
Entry Fee - £50 for a standard catalogue entry
£100 for a premium catalogue entry
£150 for a deluxe catalogue entry
Registration Numbers
12% to the Buyer, 10% to the Seller (minimum £50 to both
parties)
Entry fee - £50
Bicycles
12% to the Buyer (minimum of £10)
Seller's charges available on application
Automobilia/Motobilia
12% to the Buyer (minimum of £5)
Seller's charges available on application
Total amount due means the Hammer Price in respect of the
Lot sold plus the Buyer's commission and additional charges and
expenses due from a defaulting Buyer under these Conditions
plus VAT chargeable on any of them expressed in £ sterling.
Usual Charges means the total of the Commissions, Entry Fees
and any other reasonable costs and expenses plus VAT payable
thereon.
VAT means UK Value Added Tax at the prevailing rate from time
to time.
Vehicles includes, where appropriate, incomplete vehicles.
CONDITIONS MAINLY CONCERNING
SELLERS AND CONSIGNORS
1.1 An Entry Form in respect of each Lot must be completed
fully and accurately, with an honest description of the Lot, signed
and dated by the Seller and accompanied by the Entry Fee, when
the Lot is entered. The Auctioneer may at any time ratify an
incomplete form.
1.2 Any documentation pertaining to the Lot must be sent
with the Entry Form to the Auctioneer's office, or in any event
delivered with the Lot to the Premises. The Contract between
the Seller and the Auctioneer will be formed when the Auctioneer
receives a signed Entry Form for the Lot, whether by hand, post,
fax, email or by any other means, and whether or not the Entry
Fee for that Lot has been paid, and whether or not the Form has
been signed by the Auctioneer.
1.3 All relevant matters pertaining to the Lot such as a financial
encumbrance, serious accident damage or other factors affecting
value which are known to the Seller must be stated on the Entry
Form. If a sale is lost because of the failure of the Seller to
disclose to the Auctioneer all information which may reasonably be
expected to affect the provenance, title, value or any other aspect
of the Lot, the Auctioneer will charge and the Seller must pay the
stated rates (both to Seller and Buyer) plus VAT.
1.4 If the Seller wishes to retain the registration number of a
Lot, it is the Seller's responsibility to notify the Auctioneer in
writing on the Entry Form. It is the Seller's responsibility to take
all necessary steps to ensure that the current registration number
is retained and a new number allocated prior to the Lot being
sold. If the Seller does not do so, the Auctioneer shall not be
responsible for any loss or damage whatsoever and howsoever
arising out of the Seller's loss of the right to the registration
number following the sale of the Lot.
2.1 The Auctioneer shall have absolute discretion whether or
not to accept any Lot for sale and shall be entitled to select the
auction place, date, catalogue placement and photographs for
the Lot.
2.2 The Seller gives the Auctioneer full and absolute right to
photograph and illustrate any Lot placed in its hands for sale,
and to use such photographs and illustrations as are provided
by the Seller at any time at its absolute discretion (whether or not
in connection with the Sale), with indemnity against copyright
infringement.
2.3 The Seller is wholly responsible for the factual accuracy of,
and for any judgments or opinions expressed in, the catalogue
description of each Lot entered by him, and for any error,
misstatement or omission of information in that description.
Whether the description has been prepared by the Auctioneer or
the Seller, a copy of the typed text will be provided to the Seller
within a reasonable time prior to the Auction, and unless the
Seller reacts with comments or changes prior to the Auction, the
Auctioneer may treat that description as accepted by the Seller.
3.1 The Seller warrants to the Auctioneer and to the Buyer either
that he is the true owner of the Lot or that he is duly authorised
to sell the Lot by the true owner, and is able to transfer or
procure transfer of good and marketable title to the Lot free from
a third party claims or encumbrances.
3.2 In the event of an unsettled hire purchase, finance
agreement or any other charge or lien affecting the Lot, the
Auctioneer reserves the right to settle the amount due of such
charges not exceeding the Sale Proceeds and if the Sale
Proceeds are less than the charges outstanding the Seller will be
responsible for the settlement of the balance forthwith. There will
be a charge of £75 plus VAT for this service.
3.3 Each Lot, in the condition as described on the Entry Form,
and with all keys, spare or extra items and documents shall be
delivered to the Premises at the expense of the Seller. The Seller
of a Lot not held by the Auctioneer at the Premises or under
its control warrants and undertakes to the Auctioneer that the
Lot will be made available and in a deliverable state at the time
stated by the Auctioneer.
3.4 The Seller shall indemnify both the Auctioneer, its Employees
and Agents, and the Buyer separately, against all payments,
costs, expenses, demands, or any loss or damage whatsoever
and wheresoever incurred or suffered by any of them in respect
of any breach of these Conditions on the part of the Seller.
4.1 The Seller shall be entitled, prior to the sale to place a
Reserve on any Lot, this being the minimum Hammer Price at
which the Auctioneer is authorised to sell that Lot and to make
its usual charges. A Reserve once placed by the Seller shall not
be changed without the consent of the Auctioneer.
4.2 The Auctioneer may, at its option, sell the Lot at a Hammer
Price below the Reserve but in any such case the Sale Proceeds
to which the Seller is entitled shall be the same as if the sale had
been at Reserve.
4.3 Where no Reserve has been placed on the Lot the
Auctioneer shall in no way be liable should the Lot be purchased
for a price below the lowest estimated selling price. In any event,
any written or oral estimate of likely selling price given by the
Auctioneer is an expression of opinion only and may not be relied
upon by the Seller nor give rise to any claim.
4.4 If a Reserve is placed by the Seller in a currency other
than Pounds Sterling, such a Reserve shall be calculated and
converted into Sterling at the spot rate of exchange quoted to
the Auctioneer by the National Westminster Bank Plc at close of
business on the last banking day prior to the date of the Sale.
The certificate in writing of the Auctioneer as to such rate shall be
conclusive.
4.5 Where a Reserve has been placed, only the Auctioneer may
bid on that Lot on behalf of the Seller. Should the Seller buy
in his own Lot, the Seller must pay to the Auctioneer its stated
rates (both Seller and Buyer) before the Lot is removed.
5.1 The Seller may by notice to the Auctioneer withdraw the
Lot from the Auction. If the Seller does so he shall be liable to
pay the Auctioneer the stated rate of the Seller's and Buyer's
commission calculated on the estimated value of the Lot that the
Auctioneer would have received had the Lot been sold for the
estimated value. For the purposes of this clause the estimated
value shall be the higher of:-
(a) the Seller's estimate of value as previously notified to the
Auctioneer or if more than one figure the highest figure or if none;
(b) the value estimated in the catalogue or if more than one figure
is given the highest figure, or if none,
(c) the Auctioneer's reasonable estimate of its value;
(d) plus VAT on such fee in either case and expenses;
5.2 In the event that the Seller withdraws the Lot from the
Auction the Seller shall arrange for the collection/removal of the
Lot at his own expense within 2 working days after the date of
withdrawal provided that the Seller may not collect the Lot unless
or until any withdrawal fee payable under Conditions 5.1 shall
have been paid in full and any storage charges have been met
by the Seller.
6. The Seller authorises the Auctioneer to deduct from the
Hammer Price commission at the Stated Rate subject to the
relevant minimum commission for each Lot, plus Expenses and
VAT on both. The Seller acknowledges the Auctioneer's right to
charge and retain the Buyer's Premium also in accordance with
Condition 14.
7. The Seller of a Lot which is a road going means of transport
warrants and undertakes to the Auctioneer that, as at the date of
the Sale, either:
(a) the Lot will be VAT paid in the EU and registered in the UK,
will be lawfully usable on the public road, complying with the
provisions of current Road Traffic Legislation and all relevant
regulations made thereunder and any statutory modifications
thereof, and there is or will be in force an MOT Certificate
required in relation to such use; or (alternatively)
(b) the Seller has notified the Auctioneer that the Lot does not or
will not meet these requirements, and cannot legally be used on
the road.
8. The Seller hereby agrees to indemnify the Auctioneer, its
Agents and Employees against any and all claims, liability or
damage and all related costs and expenses arising out of the
proper execution by the Auctioneer of their obligations to the Seller
under these Conditions, and in particular against any liability or
claim which may be incurred by the Auctioneer as a result of any
defect in the Lot, whether proving dangerous to human life or
health or otherwise giving rise to a claim against the Auctioneer, or
as a result of any default by the Seller or any breach of any of the
warranties or undertakings herein by the Seller.
9.1 Where any Lot fails to sell, the Auctioneer shall notify the Seller
accordingly. The Seller shall make arrangements either for the
Auctioneer to re-offer that Lot for sale, or forthwith to collect the
Lot and to pay the Expenses. If such arrangements are not made:
(a) by 1pm on the day following the date of the Sale, the Seller
shall be responsible for the costs of any removal, storage and
other expenses related to that Lot;
(b) within 3 months after formal notification by the Auctioneer to
the Seller, the Auctioneer shall have the right (pursuant to the
Torts (Interference with Goods) Act 1977 or any legislation that
re-enacts or replaces it) to sell the Lot by private treaty or at
public auction without reserve and to deduct from the Hammer
Price or price received any sum owing to the Auctioneer
including (without limitation) removal, storage and insurance
expenses, the Expenses of both auctions, Commission at the
Stated Rate on the sale and all other reasonable expenses,
before remitting the balance to the Seller; or if he cannot
be traced, placing it in a bank account in the name of the
Auctioneer on behalf of the Seller.
9.2 If the Seller later sells the Lot as a result of its exposure
at the auction the Auctioneer will be entitled to their normal
commission. In any event the Auctioneer will be entitled to try
and effect a sale as the Seller's agent within 14 days after the
date of the auction (that time limit does not apply to a sale by
the Seller). If the Auctioneer does so sell the Lot, they will also
be entitled to their normal commission.
10.1 Where a Lot is sold, the Auctioneer shall initiate payment,
by bank transfer, of the Sale Proceeds to the Seller 3 working
days after the Auctioneers have received in cleared funds the
Total Amount Due from the Buyer. Should no bank details be
provided by the seller, the Auctioneer will effect payment by
sending its cheque, drawn in favour of the Seller, 8 working
days after receipt of cleared funds, by first class mail at the
Seller's risk.
10.2 If before the Total Amount Due is paid by the Buyer
(whether or not because the Auctioneer has given credit terms
to the Buyer) the Auctioneer pays to the Seller an amount equal
to the net Sale Proceeds, title in the Lot shall pass from the
Seller to the Auctioneer.
10.3 In the case of overseas Sellers, the Sale Proceeds will be
paid to the Seller either in Sterling or in such other currency
available to the Auctioneer as may have been agreed in writing
between the Seller and the Auctioneer before the date of the
Sale. The Auctioneer shall calculate the rate of exchange for the
Sale Proceeds by reference to the spot rate of exchange quoted
by the National Westminster Bank Plc at close of business
on the date of the Sale, whichever is more favourable to the
auctioneer.
10.4 If the Auctioneer receives notice of any dispute related to
a sold Lot before the Sale Proceeds have been remitted to the
Seller, the Auctioneer may withhold payment from the Seller until
it thinks fit or until the Dispute is resolved, whichever is earlier.
10.5 The Auctioneer retains the right to withhold partial or total
payment for any Lot if items committed to the Sale by the Seller
and sold as part of the Lot, including any relevant documents,
have not been delivered by the Seller.
10.6 The Seller shall maintain their insurance of the Lot until they
are in receipt of the Sale Proceeds
11.1 If the Buyer fails to pay the Auctioneer the total Amount
due within 21 days after the Sale, the Auctioneer will notify the
Seller and take the Seller's instructions as to the appropriate
course of action. So far as in the Auctioneer's opinion it is
practicable, the Auctioneer will at the Seller's expense assist the
Seller to recover the Total Amount Due from the Buyer, but the
Auctioneer shall be under no obligation to institute proceedings
in its own name.
11.2 If circumstances outside the Auctioneer's control do not
permit the Auctioneer to take instructions from the Seller, the
Seller hereby authorises the Auctioneer, at the Seller's expense,
to agree special terms for payment of the total Amount Due;
to remove, store and insure the Lot sold; to settle claims made
against the Buyer or the Seller on such terms as the Auctioneer
shall in its absolute discretion think fit; to take such steps as are
necessary to collect the monies due by the Buyer to the Seller;
and if necessary to rescind the sale and refund money to the
Buyer.
CONDITIONS MAINLY CONCERNING THE BUYER
12.1 Any motor vehicle is sold as a collector's item and
not as a means of transport. Buyers are specifically
warned that any vehicle sold as such may well have had
parts replaced and paint renewed or be made up of parts
from other vehicles the condition of which may be difficult
to establish. The Auctioneer has to rely on information
as to the date, condition and authenticity provided by
the Seller and does not provide its own description, and
does not and cannot undertake its own inspection of
vehicles or other Lot and it is the responsibility of the
Buyer to ensure that the Lot conforms to the description
in the catalogue. The Auctioneer cannot check or verify
the authenticity of the chassis or VIN number under
which a vehicle is offered, but relies on the Seller's
description. Buyers should take particular care to verify
in advance the authenticity of a vehicle that is claimed
to have important racing, rallying or 'ex-works' history
as it was common in period for a competition vehicle of
a single identity to have more than one chassis, body or
other mechanical components. This may have happened
several times, both in a vehicle's 'works' career and
thereafter in private owner hands. Sometimes 'works'
vehicles were fitted with different registration plates, so
that a vehicle could meet a particular event's start date
deadline. These historical factors may lead to there being
in existence multiple and competing claimants to the
same vehicle identity.
12.2 The Buyer shall be the person making the highest bid
at or over Reserve (if any) that is accepted by the Auctioneer,
and the Contract shall be concluded at the fall of the hammer.
The Auctioneer shall have the absolute discretion to settle any
dispute related to bidding at the Sale. All sales are deemed not
to be sales in the course of a business, unless notified to the
contrary.
12.3 Every bidder shall be deemed to act as a principal unless
the Auctioneer has, prior to the auction date, acknowledged
(either by acceptance of the Bidder's Registration Form which
discloses the true principal, or otherwise in writing) that the
bidder is acting as agent on behalf of a disclosed principal.
12.4 The Auctioneer may in its absolute discretion refuse to
accept any bid, advance the bidding as it may decide, withdraw
or divide any Lot, combine any two or more Lots, and in the
case of dispute may put up any Lot for auction again.
12.5 A prospective bidder should register his intention to bid
for a Lot by completing fully and signing a Bidder's Registration
Form prior to executing his bid. If this has not been completed
before the fall of the hammer, the Buyer shall forthwith complete
the Bidder's Registration Form. The Bidder shall also provide
photographic identification. Failure to do so shall not invalidate
the sale, unless the Auctioneer, in its absolute discretion, so
decides.
12.6 Any bid which fails to reach the Reserve may be submitted
by the Auctioneer to the Seller and if the Seller accepts that bid,
the Lot will be deemed to have been sold to the Buyer at the
sum bid at the fall of the hammer and the normal Terms and
Conditions will apply to that sale.
13.1 Where a Lot is illustrated by a photograph, in the case
of a vehicle with a registration number visible, that number
will not be transferred with the vehicle to the Buyer unless
the registration particulars appear in the written part of the
description and the transfer has been authorised by the Seller.
If the vehicle is sold to the Buyer before the formalities of the
allocation of a different registration number to that vehicle are
completed with the DVLA, the Buyer accepts that he will take
all steps necessary to co-operate with either the Seller or the
Auctioneer to have the number re-transferred to the Seller or as
may be, and will take no steps to register the vehicle with the
number in his name.
13.2 Whilst the interests of prospective Buyers are best served
by personal attendance at the Sale, the Auctioneers will if so
instructed execute bids on their behalf. Neither the Auctioneer
nor its Employees or Agents will be responsible for any error or
default in doing so or in failing altogether to do so. Where the
Auctioneer executes bids on behalf of an absent bidder, each
Lot will be bought as cheaply as is allowed by other bids and
any relevant Reserve.
14. The Buyer shall pay to the Auctioneer in respect of each Lot
the Buyer's Commission calculated on the Hammer Price at the
stated rates as set out above.
15. Where a Lot is described in the Catalogue or announced at
the time of Sale as being subject to VAT on import, VAT will be
payable in addition to the Hammer Price (which VAT may or may
not be refundable by HM Customs & Excise on proof of export).
16.1 Upon the sale of a Lot, the Buyer shall:
16.2 Unless he has already done so, complete a Bidder's
Registration Form as in Condition 12.5 above;
16.3 Pay to the Auctioneer the total amount due, at latest by
midday on the day after the Sale, notwithstanding that where
the Buyer wishes to export the Lot, an export licence may be
required which must be obtained by the Buyer at his own cost;
16.4 Accept that any payments received by the Auctioneer
from a Buyer may be applied by the Auctioneer towards any
sums owing from that Buyer to the Auctioneer on any account
whatsoever, without regard to any directions of the Buyer or his
agent, whether express or implied.
17.1 Until the total amount due has been received by the
Auctioneer:
(a) title in a Lot shall not pass to the Buyer but the risk shall;
(b) no Lot may be taken away by or on behalf of the Buyer.
17.2 The Buyer shall be responsible for any removal, storage
and insurance charges and any other Expenses on any Lot not
paid for and taken away by 1pm on the day following the day of
the sale.
18.1 If a Buyer fails either to pay for or to take away any Lot,
the Auctioneer may without further notice to the Buyer, at its
discretion and without prejudice to any other rights or remedies
it may have, exercise one or more of the following rights or
remedies, as may be relevant, in relation to any and all remedies
for non-payment that the Auctioneer may choose to exercise.
The Buyer will pay to the Auctioneer all legal and other costs
borne by it on a full indemnity basis.
18.2 To charge interest at a rate not exceeding 3% per month
over Natwest Bank's base rate on so much of the total amount
due as remains unpaid after the date and time referred to in
condition 16.3 for the first two months. After that period of time
to charge interest at a rate not exceeding 1.75% per month
over Natwest Bank's base rate on so much of the total amount
due as remains unpaid after the date and time referred to in
condition 16.3.
18.3 To issue proceedings against the Buyer for payment of the
total amount due and/or for damages for breach of contract. If
the Seller decides to sell the Lot elsewhere, the Auctioneer may
proceed against the Buyer for the Commission which it would
have earned both from the Seller and the Buyer together with
VAT on both had the Buyer paid for the Lot in accordance with
these Conditions.
18.4 To rescind the sale of that or any other Lots sold to the
same Buyer at this or any other Sale, in respect of which title
has not passed.
18.5 To resell the Lot or cause it to be resold by public or private
sale, such that any deficiency in the total amount due resulting
from such resale (after giving credit for any payment) together
with the full costs incurred in connection with the Lots shall be
paid to the Auctioneer by the Buyer; any surplus in excess of the
Sale Proceeds of that resale shall belong to the Seller.
18.6 To store the Lot at the sole expense of the Buyer and to
release the Lot only after payment in full of the total amount
due, together with the accrued cost of the removal, storage and
insurance and all other expenses incurred in connection with
the Lot.
18.7 To retain that or any other Lot sold to the Buyer at the
same or any other auction and to release the same only after
payment of the total amount due.
18.8 To apply by way of set-off any Sale Proceeds of any Lot
then due or at any time thereafter becoming due to the Buyer
towards settlement of the total amount due and expenses and
the Auctioneer shall be entitled to a lien on any property of the
Buyer which is in the Auctioneer's possession for any purpose.
18.9 To reject or ignore any bids made by or on behalf of
the defaulting Buyer at any future sales or insist upon a cash
deposit before accepting any bids in future.
19.1 All Lots are offered as seen with all faults and defects
without any guarantee or warranty attaching thereto as to
condition, roadworthiness or otherwise and with all faults and
defects whether apparent upon examination or not.
19.2 In any event, neither the Seller nor the Auctioneer shall be
liable for any indirect or consequential loss whatsoever, and the
maximum liability of the Auctioneer together with its Employees
and Agents, in the event of any claim against them arising from
the sale of any Lot shall be limited to the Hammer Price plus
Buyer's Premium in respect of that Lot.
GENERAL CONDITIONS
20. The Auctioneer in all respects acts and will be treated as
agent for the Seller (except where the Auctioneer is expressly
stated to be selling as principal), and is not responsible for any
default by the Seller or the Buyer to the other party.
21. The Auctioneer will not accept any liability for damage
sustained to a Lot that is attributable to members of the public
or non-Auctioneer operatives during the Sale or any removable
items left within lots during the same period. Any claims for
damage and / or lost items must be submitted to the Auctioneer
in writing no later than 3 working days after the date of the Sale
and include a valid quote for repair or replacement and digital
photographs where applicable.
22. The Auctioneer shall be under no liability for any injury,
damage or loss sustained by any person while on the
Auctioneers premises (including any premises where a sale may
be conducted or where a Lot, or a part of a Lot, may be on view
from time to time) except for death or personal injury caused by
the negligence of the Auctioneers or its employees and agents
in the course of their duties to the Auctioneers.
23. The Auctioneer shall have the right, at its sole discretion,
without assigning any reason, to refuse any person admission
to its Premises or attendance at any of its Sales, or to view any
Lot.
24. The Auctioneer shall keep and use any data relating to the
Buyer and the Seller in accordance with the provisions of all
relevant data protection legislation. The Buyer and the Seller
consent to such data being kept and used for appropriate
purposes, including informing the Buyer and the Seller of any
offers or other matters of interest from time to time.
25. The copyright in all written matter and illustrations relating
to Lots shall remain at all times the absolute property of the
Auctioneer, and any person wishing to use such materials, or
any part of them, shall require the prior written consent of the
Auctioneer.
26. If any Condition or part of a condition in these Terms
shall be held to be invalid or unenforceable, the validity or
enforceability of the remaining Conditions will not thereby be
affected.
27. These Conditions shall be governed by and construed in
accordance with English Law. All transactions to which these
Conditions apply and all matters connected therewith shall also
be governed by English Law. Each of the Auctioneer, the Seller,
the Buyer and any bidder hereby submits to non-exclusive
jurisdiction of the courts of England and Wales.
