1. (a) The Vendor warrants to Clifford Cross Auctions Ltd. and to the Buyer that he is the true Owner of the property or is properly authorised to sell the property by the true Owner and is able to transfer good and marketable title to the property free from any third party claims.
(b) The Vendor also warrants to Clifford Cross Auctions Ltd, that all the information supplied to Clifford Cross Auctions Ltd. is accurate and to indemnify Clifford Cross Auctions Ltd. against any liability howsoever arising in respect of items entered and/or sold at auction or in respect of any inaccuracies in the information supplied and against all costs and expenses by Clifford Cross Auctions Ltd. or their agents, acting on their behalf, in dealing with any claim arising in that respect.
(c) The Vendor authorises Clifford Cross Auctions Ltd. to deduct commission at the rate of 18% of the hammer price (Plus VAT). Specialist advertising and other agreed incidental expenses will be charged in addition.
The Vendor further acknowledges the right of Clifford Cross Auctions Ltd. to retain the premium payable by the Buyer.
(d) The Vendor agrees that Clifford Cross Auctions Ltd. may obtain a statutory electrical safety certificate from a qualified electrician in respect of each electrical item entered into the sale, unless the Vendor supplies such a certificate, issued within 6 months before the date of the sale. Such certificates must be forwarded to Clifford Cross Auctions Ltd. with the Vendor Entry Form for any such items. If Clifford Cross Auctions Ltd. Obtain the aforesaid safety certificate themselves then a charge of £3.50 (Plus VAT) per item, will be deducted from sale proceeds or charged directly to the Vendor in the event of the item being not sold.
In the event that a qualified electrician should fail to give his certificate in respect of any item, then the aforesaid charge of £3.50 (Plus VAT) per item, will still be applicable and will be made directly to the Vendor, who will be required to remove the uncertificated item forthwith and until such item is removed it will remain on the premises of Clifford Cross Auctions Ltd., entirely at the Vendors own risk. A preliminary inspection by Clifford Cross Auctions Ltd. may result in any item being refused from entry to the sale, due to its apparent age or condition.
2. Clifford Cross Auctions Ltd. will notify the Vendor of any lot not reaching its reserve price and such lot must be removed from the Auction Room within 7 days of the notification being sent to the Vendor, which will be deemed to have been received by the Vendor on the day following posting of the not sold notice. The lot or lots may be re-entered into forthcoming sales and if the lot or lots fail to reach their reserve on the second attempt, then the lots will have to be removed by the Vendor, from any further sales. If the Vendor fails to remove the lot or lots after this second sale, title will pass to Clifford Cross Auctions Ltd., who will dispose of the lot or lots, WITHOUT RESERVE and account to the Vendor for the price realised, less storage charges and expenses of sale. Clifford Cross Auctions Ltd. shall not be required to realise the best possible price in respect of such a sale.
3. Any item without a reserve which fails to obtain a bid, will be disposed of by Clifford Cross Auctions Ltd., immediately after the sale unless otherwise instructed by the Vendor and any cost incurred for this disposal will be recoverable from the Vendor.
4. In these Conditions the hammer price means the price at which a lot is sold by Clifford Cross Auctions Ltd. (on behalf of the Vendor) to the Buyer.
5. Whilst Clifford Cross Auctions Ltd. will take reasonable and practicable care of items entered for sale on delivery to the Sale Room, it is a condition of acceptance of items for Auction that Clifford Cross Auctions Ltd. are not liable for any loss or damage to any items submitted for Sale, howsoever arising, notwithstanding that they may be Bailees for reward. THE VENDOR IS THEREFORE STRONGLY RECOMMENDED TO INSURE AGAINST LOSS OR DAMAGE BY THEFT, MALICIOUS CAUSES AND ALL OTHER USUAL RISKS FOR THE PERIOD DURING WHICH SUCH ITEMS ARE IN THE CUSTODY OF CLIFFORD CROSS AUCTIONS LTD., AS WELL AS WHILE IN TRANSIT TO THE AUCTION ROOM.
6. The Vendor or Consignor of electrical or mechanical goods warrants and undertakes to Clifford Cross Auctions Ltd. that at the date of which the same are placed in the custody of Clifford Cross Auctions Ltd., or put under their care and control and except as previously disclosed to Clifford Cross Auctions Ltd., the same are safe if reasonably used for the purpose for which they are designed and are free from any defect not obvious on external inspection which could prove dangerous to human life and health and are not in such a condition which would create a breach of the regulations made under the Consumer Protection Act 1987 and will indemnify Clifford Cross Auctions Ltd, its Servants and Agents against loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking.
7. It is the Vendor’s responsibility to present all the items entered on the Entry Form for sale and to deliver the same to the Auction Room during normal Office hours or at the latest up to 12 noon on the Monday before the Sale on the Tuesday. If any of the Vendor’s items are catalogued from the Entry Form descriptions and are not available for sale at the Auction, then the Vendor could be liable to claims from prospective purchasers of the aforesaid items, for travelling and other out of pocket expenses for their abortive time in attending the Auction Sale.
8. Items may be accepted for sale after the closing date for entries has passed, but Clifford Cross Auctions Ltd. do not guarantee to be able to include these items in any catalogue or advertisements for the sale. Such items that are entered after the closing date for entries has passed are still subject to all the above conditions.
9. If you have entered any Motor Vehicles or Heavy Goods Trailers, then please send all Registration Documents, M.O.T. Certificates and Plating Certificates for these items to the Auction premises, along with your completed Entry Form.
10. There are certain items which Clifford Cross Auctions Ltd. cannot sell, namely combustible items that do not have a fire safety Certificate attached to them. These items usually include older three piece suites, mattresses, easy chairs and some dining chairs. Toys, paraffin heaters, gas and electrical items also have to meet a certain standard of construction and safety. Clifford Cross Auctions Ltd., will make a visual inspection of all items entered, to decide whether or not the items can be sold. If any items are removed from the sale after this inspection and unless otherwise instructed they will be disposed of and any cost incurred will be recoverable from the Vendor.
11. All payments to vendors will be made by cheque unless otherwise requested at the time of the signing of the entry form. Payment (without interest) will be made to the vendor within fourteen working days of the sale date, after deduction of the auctioneer's margin scheme and other expenses where appropriate. The Auctioneers shall not be Liable for payment to the Vendor until they themselves receive full payment from the purchaser.