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a fee of 10 percent (plus VAT) of the auctioneers' then lowest estimate of the probable auction price of the property withdrawn or its reserve price with a minimum withdrawal charge of £5.00.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 21.00 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.
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 21.00% plus VAT at current rate on the hammer price, with a minimum of £3 plus VAT, 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.
18.) All lots shall be paid for and removed from the saleroom, at the purchasers own risk, by 4 pm Friday of the sale week. Failing which, the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed. All lots not removed after said time will be subject to a storage charge of £1 per lot per day. If lots are not removed five working days after the sale the Auctioneer may re-sell them by auction without notice to the buyer.