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1.) Thomas N. Miller and their employees shall act as agents of
the seller for the sale of the property. The seller authorises the
auctioneer to receive payment for the property on his behalf, in
any manner which Thomas N. Miller may consider appropriate, and
to deduct any sums due from the seller to the auctioneers on any
account whatever from any such payments received before remitting
the balance to the seller. Thomas N. Miller should be under no obligation
to account to the seller for sums due from the buyer until payment
for the property sold has been made by the buyer to Thomas N. Miller
and the auctioneers will account to the seller within 14 days of
the later of the auction or the payment by the buyer. If Thomas
N. Miller remit to the seller the proceeds of the hammer price (less
any commissions and expenses due to the auctioneers) before the
buyer has accounted to Thomas N. Miller, title in the property shall
pass to Thomas N. Miller.If the buyer does not make payment to the
auctioneers , Thomas N. Miller shall, subject to any specific instructions
which may be given by the seller , have authority on behalf of the
seller to take any steps which appear to be appropriate to the auctioneers
(including the institution of court proceedings ) to enforce payment
by the buyer. Thomas N. Miller may also exercise the right to re-offer
the property for sale without giving the seller notice of their
intention to do so.
2.) Where a seller cancels instructions for sale, Thomas N. Miller
reserve the right to charge a fee of 10 percent (plus VAT) of the
auctioneers' then lowest estimate of the probable auction price
of the property withdrawn or its reserve price with a minimum withdrawal
charge of £5.00. In the event of a seller attempting to alter
agreed reserves, commission rates and other terms of sale, Thomas
N. Miller reserve the right to withdraw the lot and charge accordingly.
The seller shall, in respect of the sale of property, be liable
to pay to the auctioneers commission and a handling/insurance charge
at the agreed rates. If the property is unsold then the auctioneer
reserves the right to charge a fee of 10 percent of the reserve
price or of the auctioneers' lowest estimate (whichever is the higher)
with a minimum charge of £5.00. VAT at the appropriate rate
is payable on all commissions and charges. The seller shall in any
event bear the costs and expenses of special advertising, packing,
insurance and cartage to and from Thomas N. Miller (together with
VAT thereon). The seller acknowledges that Thomas N. Miller will
receive from the buyer a premium of 15 percent on the hammer price
(together with VAT thereon) and agrees to the auctioneers receiving
the said premium for their own use and benefit.
3.) The seller warrants to Thomas N. Miller that he is able to
transfer a good and marketable title to the property, free from
any liens, charges or encumbrances. The seller undertakes to indemnify
Thomas N. Miller against any loss or damage suffered by the auctioneers
as a result of any defect in the seller's title and/or any want
of authority in Thomas N. Miller resulting therefrom, and any other
legal liability that the auctioneers may incur as a result thereof.
4.) The seller shall be entitled to place a reserve on the property
, provided that notice of such reserve has been received by Thomas
N. Miller in writing prior to the sale. Reseves placed verbally
will be accepted at the risk of the seller , unless confirmed in
writing prior to the sale. A reserve once placed by the seller shall
not be changed without the consent of the auctioneers. Unless the
seller gives written instructions to the contrary, items remaining
unsold from the first offering may be re-offered without the benefit
of any reserve which may have been placed by the seller from the
previous sale. Thomas N. Miller may also, at its option, sell at
a hammer price below an agreed reserve, but in any such case the
sale proceeds to which the seller is entitled shall be the same
as if the lot had sold on the reserve. In the event of a lot failing
to sell at auction the seller authorises Thomas N. Miller as exclusive
agent for a period of 28 days following the auction to sell such
lot privately at a price that will result in payment to the seller
of not less than the net sale proceeds to which he would have been
entitled had the lot sold on the reserve price at auction. If a
sale after the auction is agreed, the seller's obligations to the
auctioneers and to the buyer with respect to such a lot are the
same as if the lot had been sold at auction.
5.) The seller or consignor of mechanical or electrical goods warrants
and undertakes to Thomas N. Miller that any such items are safe
if reasonably used for the purpose for which they were designed
and are free from any defect not obvious on external inspection
which could prove dangerous to human life or health , and will indemnify
the auctioneers, their servants and agents against any loss or damage
suffered by any of them in consequence of any breach of the above
warranty and undertaking. The seller also authorises Thomas N. Miller
to dispose of any items which, in the considered opinion of the
auctioneers, are of no saleable value.
6.) The auctioneers have total and absolute discretion to divide
any lot, to combine any two or more lots or to withdraw any lot
from the sale , to refuse bids, to regulate bidding or to cancel
the sale without in any case giving any reason, or without any previous
notice. Thomas N. Miller also reserve the right to deny access to
any person to any of their viewings or auctions without having to
give reason.
7.) Any bids given to Thomas N. Miller verbally, be this either
in person or over the telephone, are accepted at the risk of the
prospective buyer and must, in any event, be confirmed in writing.
8.) Thomas N. Miller act as agents only for the vendor . At their
discretion, the auctioneers may bid on behalf of the vendor for
all goods which are being offered and reserve the right to bid on
behalf of the vendor for lots which have been entered without reserve
but which, in the considered opinion of the auctioneers, ought not
to be sold at a price which might be unacceptable to the seller.
9.) The highest bidder shall be the buyer . The auctioneers may,
at their own 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 to settle the
dispute or re-offer the lot. Thomas N. Miller may only re-offer
a lot if a bidder contests a matter immediately and before the next
lot is offered.
10.) Thomas N. MIller accept no responsibility for the accuracy
of any statement, whether printed in a catalogue or made orally,
as to grading, authorship , attribution, genuineness, origin, date,
age, provenance and condition. All such statements are ones purely
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. Ample opportunity
is given for inspection. Each purchaser, by making a bid for a lot,
is deemed to have understood all the Conditions of Sale and to have
satisfied themselves as to the condition of the lot and the accuracy
of its description, including whether the lot is damaged or has
been repaired. All lots are sold as viewed, with all faults, imperfections
and errors of description.
11.) Each lot will become the responsibility of the purchaser at
the fall of the hammer and will be taken away at the purchaser's
risk and expense on the day of the sale unless prior arrangements
have been made with Thomas N. Miller. 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.
12.) At the fall of the hammer the purchaser shall give his name
and address and may be required to pay immediately a percentage
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 removed until paid for and a "paid
invoice" obtained from the auctioneers' office. All lots must
be paid for on the day on the day of the sale. Purchasers who intend
to pay by cheque will not be allowed to collect their lots until
such time as their cheque has been cleared. A surcharge of 1.5 %
will be levied on any payment made using a credit card.
13.) If any lot is not paid for and removed in accordance with
the provisions of the Conditions of Sale, then Thomas N. Miller
may, without prejudice to any other right they may have, remove,
store and insure the lot at the expense of the defaulting buyer.
If after the expiry of seven days from the date of the auction,
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 buyer shall pay a premium of 20% including VAT on
the hammer price, and agrees that Thomas N. Miller, when acting
as agents for the seller, may also receive commission from the seller.
When a lot is marked with an "asterisk" (*) VAT at the
standard rate is payable on the hammer price.
15.) Thomas N. Miller reserve the right to illustrate any lot offered
for auction and will use such photographs, both before and after
the auction, at their discretion. The auctioneers may also publish
any sale results after an auction has taken place.
16.) Thomas N. Miller will not be responsible for any accident,
or damage to life or limb, which may occur within the auction rooms
at Algernon Road or at any other premises where Thomas N. Miller
may choose to conduct its business. Customers will attend viewings
and auctions solely at their own risk.
17.) All commission bidders must contact the office to see if they have been successful in purchasing goods. |