Conditions of Sale
1. The highest bidder to be the purchaser and if any dispute arises between two or more bidders, the Lot shall, at the discretion of the Auctioneer, be put up again at the last undisputed bidding and resold. The Auctioneers decision on all matters to be final. No person to advance less at each bid than the amount named by the Auctioneer. No bidding to be retracted and the Auctioneer may refuse any bid. The Auctioneer reserves the right to bid or refuse any bidding on behalf of the owners of any Lots comprised in the sale.
2. All prospective purchasers to give in their names to pay down a deposit of £20-part payment towards any Lots purchased, and to pay the remainder of the purchase money on or before delivery by producing the correct bidding number.
3. The Auctioneers act as agents only, title to any lot at no time passes to the Auctioneers. Buyers acknowledges that a sale by auction IS NOT a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015) and the Unfair Contract Terms Act 1977 / 1999 Regulations and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation. All items/lots are sold “as is, where is” with no grading or guarantees irrespective of condition, wear, damage, and with all faults.” Each Lot as set out in the catalogue or as divided or joined with any Lot or Lots at the sale at the sole discretion of the Auctioneers is “SOLD AS SEEN” with all faults, imperfections and errors description and neither the vendor nor the Auctioneers are responsible for the authenticity attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot, therefore a “NO REFUND POLICY” is in place. All statements in the catalogues as to any of such matters are statements of opinion and are not to be taken as or as implying statements or representations of fact. Purchasers are deemed to have satisfied themselves by inspection or otherwise as to all such matters and as to the physical description of any Lot. Neither the Vendor nor the Auctioneers make or give nor has any person in the employment of the Auctioneers any authority to make or give any representation or warranty and in any event neither the Vendor nor the Auctioneers/ staff are responsible for any representation or warranty or for any statement in the catalogue including verbal/written communication.
4. Fitness for purpose and satisfactory quality.
The Seller does not make and does not agree to make any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact in relation to the satisfactory quality of the Lot or its fitness for any purpose.
The Seller will not be liable for any breach of any undertaking, whether implied by the Sale of Goods Act 1979 or otherwise, as to the satisfactory quality of the Lot or its fitness for any purpose. The Consumer Protection Act 1987: No lots are sold as new.
All customers buyers/sellers must register with us before bidding/ selling and provide us with official proof of identity in the form of a passport or photocard driving licence. No other forms of ID are acceptable.
Proof of address of main residence. Only official documents showing name and address will be accepted.
Both landline and mobile telephone numbers must be provided.
A bank reference for foreign bidders may be requested.
Corporate clients will have to provide a certificate of incorporation prior to the auction, along with the representative’s ID in accordance with the abovementioned requirements for proof of identity.
Any Bidder that does not match the provided identity for registration may not purchase during the sale.
6. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any Lots are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the Lot.
7. The Lots may be withdrawn, re-arranged or sold in any such order as may be desirable.
8. The Lot(s) will be at the entire risk of the purchasers after the fall of the hammer but in the event of the Lot or Lots being totally missing on the day of delivery the Auctioneers will not be responsible for any estimated value beyond the price at which they were sold. In cases where portions of Lots may be missing, such missing portions are to be allowed for at an equitable proportion of the sum, for which the whole of such Lot was sold and no more.
9. The Auctioneers act throughout as “Agents” only and are not responsible for any default by the buyer. They disclaim liability for paying the Vendor until they have received settlement from the purchaser.
10. Any person on the Auctioneers premises before, during or after the sale shall deem to be there at their own risk and they shall have no claim against the Auctioneers in respect of any injury they may sustain or any accident which may occur. The Buyer shall be responsible to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents, detaching, disconnecting or removing any goods purchased by the Buyer. The Buyer shall produce their insurance documentation to the Auctioneers on request. The Auctioneers reserve the right to stop the removal of a lot by a Buyer, his agents or employees, if it appears to the Auctioneers or its agents or employees that the removal is being carried out in an unsafe or unsatisfactory way.
11. On failure of complying with the above Conditions, the deposit money shall be forfeited. Any Lots not cleared by the time allowed may be resold by public or private sale and the deficiency (if any) together with all expenses attending such re-sale shall be made good by the defaulter at this present sale and shall be recoverable as liquidated damages. Any damage caused by removal or otherwise must be made good by the person committing the same. Principals will be considered responsible for the acts of their appointed removal personnel or other parties instructed by the principal.
12. Attendance and/or bidding at the sale shall be deemed to indicate full and irrevocable acceptance of our terms and conditions.
13. Minimum Bid.
All Lots for sale by public auction are subject to the Conditions of Sale as displayed in the auction rooms and this catalogue. There is a minimum bid of £5 per Lot and a minimum bid for vehicles of £20 per Lot.
14. Bidding Numbers.
No bid will be accepted unless the bidder shows a bidding card number at the time of bidding. The Auctioneer reserves the right to sell to the under bidder if no number is shown. Bidding cards are available before and during the auction at the payment office at a cost of £20 which is refundable if no Lots are purchased. Bidding numbers may be handed in for refunds, where no purchase has been made, at any time, during or after the sale, at the payment office or when the payment office is open during future auction sales.
15. Electrical Items.
No warranty or guarantee is given with any Lot regarding condition of quality/ functionality all electrical appliances are “sold as seen” the auctioneers cannot make any guarantees as to the condition or the safety of any lots wired for electricity. It is recommended that buyers have these items examined by a qualified electrical contractor before use.
16. Payment for Goods.
The payment office will open on sale days after the auction has concluded and close one hour after. It will also open from 9.15am to 12.00 noon on Monday following the auction. Anyone not paying by 12.00 noon on Monday will forfeit their deposit and the Lots will be re-entered into the following sale. Goods can be collected after the vehicle sale when practical to do so.
Payments may be made by Cash (up to a sterling equivalent of €15,000 euros), Bank transfer, Credit /Debit cards
Bank Transfer details:
ROSAN AND COMPANY CLIENTS ACCOUNT
A/C NUMBER: 13665445
SORT CODE: 40-20-06
BIC CODE: HBUKGB4104C
On completion of the vehicle sale, all purchasers must attend at the payment office to pay at least a 25% deposit on any vehicle purchased and this must be done within 15 minutes of the completion of the vehicle sale (or have paid to a porter and received a receipt) or the vehicle will be re-offered for sale on the floor. There will be an additional £25 plus VAT administration charge to each vehicle purchased.
18. Clearing of Lots – Monday.
Lots paid for may be cleared up to 14:00 on Mondays following the sale. Clearing which continues beyond 14:00 will be subject to a surcharge of £3 plus VAT per Lot. Any goods paid for but not cleared on the Monday following the auction will incur storage charges of £3 plus VAT per Lot per day or part of day or if a vehicle £25 plus VAT per day or part of day.
THERE WILL BE NO EXCEPTIONS – ALL GOODS NOT CLEARED WILL BE REMOVED TO SECURITY STORAGE AND IF NOT CLAIMED WITHIN 5 DAYS WILL BE SOLD FOR STORAGE CHARGES WITHOUT REFERENCE TO THE PURCHASER
No goods are to be cleared until paid for and then only by an authorised porter and checked against a paid invoice. Goods must be cleared through the main doors. The porters responsibility is to check all lots removed are correct as detailed on the buyers invoice. If you require a porter to assist you in clearing goods any damage caused will be the buyers responsibility. Rosan and Company will accept no liability for any damage caused during the removal of lots purchased. No member of the public is permitted into the sale area when the auction is in process.
Prosecutions will be undertaken against any one removing goods, which have not been paid for.
20. Lots withdrawn from sale.
Any Lot known to be withdrawn since the printing of the catalogue will be notified on a board displayed on viewing day or announced by the auctioneer prior to the sale.
The auction rooms are open to accept goods into auction Monday to Friday 10am to 2pm by appointment. Auctions take place every month. Cheques/ bank payments in settlement to vendors are forwarded within 14 days following the sale.
All Lots with the Asterix symbol are to be sold subject to VAT added to the hammer price as the Vendor is registered for VAT.
23. Buyers Premium.
Purchasers of all lots in the general sale will be charged buyers premium at 20% plus VAT.
Purchasers of all motor vehicles / lots in the vehicles sale will be charged buyers premium at 15% plus VAT.
24. Sale of vehicles by auction.
We do not offer a Shipping / Packaging service.
All vehicles are sold without warranty or guarantee whatsoever and are “sold as seen” it is the responsibility of purchasers to ensure that the vehicle is in a condition to be lawfully used on the road before it is removed from our premises.
26. Reserves – Notice to all vendors.
Reserves may be placed on any items entered into the auction, but the following conditions will apply:
Items which fail to reach the reserve price will automatically be re-entered to the next available sale without reserve unless the vendor collects those items and pays the unsold commission fee of 5% of Reserve, within 5 days of the auction date. Storage charges will accrue at £3 per Lot per day plus VAT if withdrawn after five working days. Motor vehicles will be charged at the rate of £25 plus VAT per day.
THERE WILL BE NO EXCEPTION TO THESE CONDITIONS
VAT Number: 218353765
Rosan & Company Ltd
Company registration number: 8335638