BUY & GO AUCTION TERMS AND CONDITIONS
1. Definitions. In these Conditions G.W.Railwayana Auctions Ltd who act only as auctioneers and agent for the vendor, is called the ‘Company’, and the representative of the Company conducting the auction is called the ‘Auctioneer’.
2. General. Whilst the Company makes every effort to ensure the accuracy of their catalogue and the description of any lot:
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots, is sold by the vendor with all faults, imperfections and errors of descriptions.
(b) The Company does not accept responsibility for the authenticity, attribution, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Company does so as agent of the vendor to certify, and in such case the Company does so as agent of the vendor and is not itself responsible for such claims.
(c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Company, unless they have been instructed in writing by the vendor so to certify, and in such case the Company does so as agent of the vendor and is not itself responsible for such claims.
Note: The Consumer Rights Act 2015 does not apply to any lot sold in our Live Auctions.
3. Third Party Liability. Every person on the company's premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against the Company in respect of any accident that may occur or injury, damage or loss howsoever caused.
4. The Auction.
(a) 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. (b) The highest bidder shall be the buyer. The auctioneer may, at his sole 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 settle the dispute or re-offer the lot.
(c) The auctioneers may only re-offer if a bidder contests a matter immediately, and before the offering of the next lot
(d) Each lot is put up for sale with no reserve.
(e) 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.
(f) Persons handling lots do so at their own risk and shall make good any loss or damage however sustained such estimate of cost to be assessed by the Auctioneers whose decision shall be final.
5. Default. The company disclaims responsibility for the default by either the buyer or the vendor because it acts as agent for the vendor only and therefore does not pay out to the vendor until the payment is received from the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.
6. Instructions. As the Company is an auctioneer, all goods delivered to the Company's premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at the Company's discretion and accepted by the Company subject to all the Sale Conditions. By delivering the goods to the Company for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
7. Reserves. All goods are put up for sale WITHOUT RESERVE in the “Buy & Go” auctions
8. Loss or Damage. The Company disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of its employees. Any breakages caused by third parties will result in GWRA claiming the full value of the item back from the person responsible for the damage.
9. Storage. The Company reserves the right to store or arrange for the storage of goods delivered to it for sale either on its own premises or elsewhere at its own discretion.
10. Indemnity. The vendor shall duly indemnify the Company against any claims in connection with any goods sold by the Company on the vendor's behalf.
11. Premium and Commission. The vendor authorises the Company to deduct commission and expenses at the rate of 18% Inc Vat from the hammer price and acknowledges the Company's right to retain any premium payable by the purchaser. There is a minimum charge of £6 inc VAT per lot, sold or not sold.
12. Vendor Payments. Vendor accounts settled within 14 days of the sale.
13. Rights to Photographs and Illustrations. The vendor gives the Company full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction).
14. Cancellation by vendor. When a vendor cancels sale instruction for any reason, the Company will charge a fee equal to 18% inc Vat of the estimate, together with any expenses incurred in relation to the withdrawn property and a Buyer’s Premium of 18% inc Vat.
1. Purchase Price. Each lot is subject to a Buyer's Premium of 18% inc VAT.
2. Inspection. Each buyer, by making a bid for a lot, acknowledges that he 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, we will not accept returns.
3. Property and Risk. Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Company shall be entitled to a lien on any sold until the purchase price 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 or her full name and permanent address.
4. Principal. Every bidder shall be deemed to act as principal unless it is agreed with the company that he acts as an agent on behalf of a named principal.
5. Removal of Goods. No purchase shall be claimed or removed until it has been paid for. All purchases shall be paid for and removed on the auction day, we will not bring items back for storage post auction.
6. Payment. The Company is only able to accept payment from successful bidders by Debit Card, Personal or Building Society cheque. Please note we do not accept Credit Card Payments. In accordance with HMRC Money Laundering Regulations Cheques drawn by third parties, whether in the Company's favour or requiring endorsement, will not and cannot be accepted, the company is not able to accept High Value Payments (HVP's) therefore, there is a compulsory £5000 cash limit per auction invoice. There is no limit for cheque transactions, however, cheques in excess of recognised limits will only be accepted if supported by proof of identity and address, i.e.: a UK Driving Licence or Passport. Details from such must be clearly written on the back of any cheque. In all cases, cheques must be supported by a valid Bank Card. Buyers unknown to the company must arrange for suitable references or utilise Building Society cheques.
7. The Consumer Contracts Regulations 2014 does not apply to any lot purchased in our Live Auctions.
8. The Consumer Rights Act 2015 does not apply to any lot sold in our Live Auctions
9. These conditions shall be governed by and construed in accordance with English Law.
Registered Company No 6519877 VAT No 928151032