Conditions of Sale
1. BIDS. All bids shall be treated as offers made subject to these Conditions of Sale and all persons present are admitted to the Sale on the understanding that they have notice of these Conditions, and any properly
displayed additional conditions relating to specific Sales.
2. RECOGNITION OF THE BUYER. The Buyer shall be the highest bidder acceptable to the Auctioneer as signified by the fall of the hammer. In case of a dispute as to the highest bidding during or immediately after the sale of the lot, the Auctioneer may at his sole discretion put up the lot again for sale.
3. AUCTIONEER'S DISCRETION. The Auctioneer has sole discretion (a) to refuse any bids, (b) to regulate the advance of bidding as he may decide, (c) to decide whether there has been a dispute as to the bidding and under Condition 2 to re-offer the lot in question, (d) to withdraw or divide any lot or combine one lot with another or others and (e) to exclude any person from the Auction room.
4. RESERVES AND SELLER'S RIGHT TO BID. Lots put up for sale are subject to (a) any reserve price imposed by the Vendor, (b) the right of the Auctioneer to bid on behalf of the Vendor, and (c) the Vendor's right to bid
personally or through any one Agent only when there is no reserve.
5. BUYER'S DUTIES. The Buyer shall at once or as soon as reasonably possible after the sale of the relevant lot (a) supply his name and address, (b) supply if so required bank or other acceptable reference, (c) pay the full
purchase price in a way acceptable to the Auctioneer, and (d) on proof of payment, clear the lots purchased by him no later than the end of normal working hours on Friday following the Sale. NB - A surcharge will be payable on all non-UK cheques.
6. PROPERTIES IN LOTS AND RISK. The Buyer shall not become the owner of any lot and the Auctioneer shall have a lien thereon, until the Buyer has paid the purchase price in full, but after the fall of the hammer the risk of damage or loss shall nevertheless be the Buyer's.
7. LIABILITY OF THE AUCTIONEER AND VENDORS. Subject to Condition 9(a), lots are sold with all faults and imperfections and neither the Vendor nor the Auctioneer is responsible for any defects whatsoever, (b) no warranty is given or authorised to be given by the Vendor or the Auctioneer with regard to any lot, other than the Vendor's right to sell, (c) any express or implied condition or warranty relating to description or quality, is hereby excluded. NB - All lots are deemed not to be as new, and shall be regarded as Second-Hand goods, with all that this implies.
8. CATALOGUE DESCRIPTIONS. The Auctioneer undertakes that care has been taken to see that the catalogue descriptions are accurate and reliable, but these are neccessarily matters of opinion only, and shall not taken to be statements of fact. Subject to Condition 9, neither the Vendor or the Auctioneer is responsible for the correctness of such descriptions, or any attribution.
9. FORGERY. Notwithstanding Conditions 7 and 8, if the Auctioneer receives notice in writing from the Buyer within 14 days of the Sale that in his opinion a lot is a forgery (as defined in Condition 11) and on giving such
notification the lot in question is returned to the Auctioneer at his salerooms in the same condition as when bought, then if in the Auctioneer's opinion, and on considering such evidence as the Buyer supplies to prove his assertion, the Auctioneer decides that the lot is a deliberate forgery, the sale of the lot will be rescinded and the purchase price together with the Buyer's Premium, if any, repaid to the Purchaser.
10. DEFAULT BY BUYER. If the buyer fails to pay for or remove any lot for which he has successfully bid, or in any other respect fails to comply with these conditions, the Auctioneer shall have the right (a) to resell the lot or lots by Public Auction or otherwise without notice to the Buyer, who will be responsible to the Vendor and Auctioneer for any deficit arising from resale after deducting the Auctioneers' normal costs and expenses, (but any net surplustore the lot at the Auctioneer's premises or elsewhere and to release the lot to the Buyer only after payment in full of all reasonable storage and removal expenses incurred in addition to the purchase price.
11. DEFINITIONS. In these conditions (a) references to 'the Auctioneer' shall be taken to mean, as the context so admits, the firm of D. M. NESBIT & CO. or any director, partner or employee thereof at the time of the sale; (b) 'Buyer' shall have the meaning ascribed to it in Condition 2 and for the purpose of these conditions all Buyers shall be deemed to be principals unless to the prior knowledge of the Auctioneer they are acting as Agent on behalf of a named principal; (c) 'Deliberate forgery' means a lot (i) which is constituted so as deliberately to deceive when considered in the light of its catalogue description, and (ii) whose value as such is materially less than if it had complied with the catalogue description, (d) the Interpretation Act 1978 shall apply to the general construction of terms and expressions used in these Conditions as if contained in a statute, and English law shall also apply.
Notices
1. DIRECTIONS. The Salerooms are connected to the main office at Clarendon Road, and the rear entrance is from Stanley Street. Car Parking is available in Stanley Street, the Circle area or car park off Osborne Road
and Marmion Road.
2. No lots will be transferred.
3. The Auctioneers reserve the right to refuse cheques unless prior arrangements have been made; payments up to £50 must be supported by a current Banker's Card. All non-UK cheques will be subject to a surcharge.
4. COMMISSIONS. Bids will be executed subject to competitive bidding and reserve prices upon completion of the commission form. Bids are left without legal obligation of any kind to D. M. NESBIT & CO. or their staff
and such bids are to be made subject to the conditions of sale and any other notices contained in the catalogue.
5. PURCHASER'S SLIPS. All purchasers must complete the slip attached to the catalogue upon the purchase of their first lot and hand it to the Auictioneer's Clerk.
6. COLLECTION OF LOTS AND REMOVALS. Lots will be released by the Auctioneer's staff on production of a receipted account. Delivery arrangements can be made through the saleroom porters. Purchasers are
particularly requested that all items are removed in accordance with the Conditions of Sale.
7. VALUE ADDED TAX. This tax is only payable on the Hammer Price by purchasers in respect of those lots indicated by an asterisk or otherwise directed.
Auction & Fine Art Department
VALUATIONS: Undertaken for Insurance, Probate, Family Division, etc., of collections or single items. Full details and scale of charges available on request.
HOUSE SALES: Sales arranged at client's properties.
Antique and Quality Furniture are included in all our Sales.
