Conditions of Sale

Third Party Liability

Every person on the premises at any time shall be deemed to be there at their own risk. That person shall have no claim against NMA in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Northwood Missionary Auctions its servants or agents.

Standard Conditions of Sale

Definitions

In these conditions Northwood Missionary Auctions ("NMA"), who act as auctioneers and agents for the donor, are called "the Auctioneers" and the representative of NMA conducting the auction is called "The Auctioneer".

General

Whilst NMA make every effort to ensure the accuracy of their catalogue and the description of any lot:

  1. Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the donor with all faults, imperfections and errors of descriptions.
  2. NMA do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot.
  3. All statements, whether printed in the catalogue or made orally, as to any of the matters set out in 2 above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by NMA.
  4. Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of the sale.

The Auction

  1. The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice.
  2. The highest bidder shall be the buyer except in the case of a dispute. If the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
  3. Each lot is put up for sale subject to any reserve price placed by the donor. Where there is no reserve price (but not otherwise) the donor has the right to bid either personally or by their appointed representative (who may be the Auctioneer).
  4. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot 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.

Recession

Notwithstanding any other terms of these conditions, if within fourteen days after the sale NMA have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to NMA in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies NMA that considered in the light of the entry in the catalogue the item is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded.

Buyers' Conditions

Inspection

Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.

Buyer's Premium

There shall be added to the hammer price a 10% Buyer's Premium, which the buyer agrees to pay in full. There is no 'Seller's' commission. Northwood Missionary Auctions is not registered for VAT.

Property and Risk

Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to NMA such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so , the lot may at the Auctioneer's sole discretion be put up again and re-sold.

Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by NMA that he acts as agent on behalf of a named principal.

Removal of Goods

  1. No purchase shall be claimed or removed until it has been paid for. All purchases shall be paid for and removed at the buyer's risk and expense by the end of the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer. If they are not paid for and collected within ten days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
  2. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder's own cheque. Cheques drawn by third parties cannot be accepted.

Purchase Price

The Purchase price is the hammer price plus the Buyer's Premium.