SIA Group (UK) Limited

• SIA Group (UK) Ltd, Regal House
• The Hyde Business Park
• Lower Bevendean
• Brighton
• Sussex
• BN2 4JE
• Great Britain
• Tel: 01273 696545
• Fax: 01273 624347
• Website:www.sia-auctions.co.uk
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• Description: Southern Independent Auctions Ltd was formed in 1999. As the name suggests it's main occupation is to auction goods both from liquidations and from private companies and individuals with excess stock. Our aim is to achieve a broad spectrum of merchandise that will encourage traders and the general public alike to attend our sales.
• Conditions of Sale: Click to View
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DEFINITION
N.B. Every sale and these Conditions of Sale shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts.
The Company acts as agents only in respect of goods delivered for the purposes of sale and herein shall be known as the ‘Auctioneers’. Persons instructing the Firm to sell goods are herein known as the ‘Vendors’. Persons who have acquired lots offered for sale by the Auctioneers are herein known as the ‘Purchasers’
As Auctioneers we usually contract as agents for the seller whose identity for reasons of confidentiality is not normally disclosed. Accordingly, if you buy, your primary contract is with the seller.
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned, or is properly authorized by the true owner to consign it for sale and is able to transfer good and marketable title to the property, free from any third party claims.
The seller acknowledges that Lots are sold subject to the stipulations of the Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of entry to the Lot.
The Auctioneers may divide, combine, add or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject (at their absolute discretion and without justification) and bid on behalf of the Vendor, where there is a reserve price or at their authorized discretion.
BIDDING PROCEDURES
The highest accepted bidder will be the Purchaser and in the case of any dispute between two or more bidders the lot in dispute shall immediately be put again at the last undisputed bidding and re-sold. The Auctioneers decision on all matters to be final. The Auctioneers reserve the right of bidding for, withdrawing or dividing any lots. No person to advance less than the amount named by the Auctioneer. No bidding to be retracted. The Auctioneers may refuse any bidding without giving any reason.
No transfer of sale between one Purchaser and another will be made at any time.
SIA Group (UK) Ltd acts only as auctioneers and agents for the seller. Each lot put up for sale may be subject to a reserve price placed by the seller. The Auctioneer may bid on behalf of the seller for all goods, which are being offered subject to reserve or at the Auctioneers discretion. The Auctioneers may cancel the sale without in any case giving any reason or without previous notice.
In event of a sale by private treaty both the seller and the buyer agree to be bound by the conditions of sale.
Prospective Purchasers must register their name, full address and credit or debit card details with the Auctioneers before bidding. They will then be issued with a number card which must be shown every time they make a successful bid. Upon failure to do so, the Auctioneers may re-offer the lot at their sole discretion.
The buyer to identify himself and any principal or employer and to give their name and place of abode together with appropriate means of identification to the Auctioneer, his servants or agents and if required to do so, pay 25% of the sale price forthwith by way of deposit and to pay the remainder of the purchase price and remove each and every lot by the date and time stated in the catalogue. A Buyers premium of 15% plus VAT will be added to each lot. No lot to be removed without a signed receipt from the Auctioneers or their clerk.
Vat will be added to all lots unless otherwise stated.
Bidding is by number only. All buyers should complete a registration form and will be issued a number. All lots will be invoiced to the name and address on the registration form and cannot be transferred or altered.
Commission bidding. Commission bids may be left with the Auctioneers indicating the maximum amount to be bid excluding buyers’ premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical bids the Auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone, fax or email.
The Auctioneers are prepared to accept commission bids on behalf of intending purchasers unable to attend at the time of the Sale, provided they are complete on the correct bidding form and received by the Auctioneers by 9am on View Day. The Auctioneers regret that any bids left after this time are not guaranteed to be processed/executed. Telephone bids must be organised by contacting the Auctioneers directly. As a matter of policy all bids must be backed by credit/debit card details unless the prospective purchaser has received in writing from the Auctioneers ‘Approved’ or ‘Regular’ buyer status, in which case the relevant code will be required. If submitting bids by e-mail please confirm credit/debit cards with the Auctioneers by telephone. The Auctioneers regret that any bids left without the backing of credit/debit card details or an ‘Approved’ or ‘Regular’ buyer code, will not be processed/executed. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids to Porters.
Bids cannot be accepted from persons under the age of 18 for any lots in the auction.
As Agents only, the Auctioneers shall not be responsible for default on the part of Vendors or Purchasers. Any resultant deficiency, together with interest costs and expenses shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneer in appropriate circumstances, to enforce the Sale Contract if they see fit.
The contract of sale is made with the Auctioneers as Agents for the Vendors and payment shall be made only to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods, which shall not pass to the Purchaser until full payment has been received.
Buyers intending to export goods should ascertain (a) whether an export license is required an (b) whether there is any specific prohibition on importing goods of the character because e.g. they may contain prohibited materials such as ivory.
ONLINE BIDDING
SIA offer an on-line bidding service via the
sale room.com for bidders who cannot attend the sale. In completing the bidder registration on the www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with SIA Group (UK) Ltd
1. authorize SIA Group (UK) Ltd if they so wish to charge the credit card given in payment or full payment, including all fees, for items successfully purchased in the auction via the saleroom.com,
2. confirm that you are authorized to provide these credit card details to SIA Group (UK) Ltd through www.the-saleroom.com and agree that SIA Group (UK) Ltd are entitled to ship the goods to the card holder name and the card holder address provided in fulfillment of the sale.
Buyers who utilise the services of ATV Live Auctions or any other live internet services are herby informed that the payment method details that are provided to ATG Live Auctions or any other live internet site services or part of the process of registration will, in the absence of compliance with paragraph
(1) of this clause, be utilised by us to settle any amounts owing by such buyers to us.
Please note that any lots purchased via the sale
room.com live auction service may be subject to an additional 3% commission charge and VAT at the rate imposed on the hammer price.
PURCHASERS UNDERTAKINGS
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by SIA Group (UK) Ltd. that he acts as agent on behalf of a named principal.
At the fall of the hammer all lots shall be and remain, in every aspect, at the absolute risk of the Purchaser, including those of fire, burglary, etc and damage occasioned to lots by the removal of other goods.
The lots to lie at the Purchasers risk immediately after sale and to be paid for in full and cleared by the time specified by the Auctioneer. The buyer shall be responsible for the removal and for any damage caused to any lot or other property by removal or otherwise and such removal must be carried out safely and lawfully. If any assistance is given by the Auctioneers or their agents they shall not be liable in any event for any damage howsoever or whatsoever caused. In cases where part of a lot is removed by a Purchaser and a part left at the salerooms the Auctioneers reserve the right to dispose of the goods after 2 days have elapsed following the day of the sale, without reference to the Purchaser.
Legal title shall not pass to the purchaser until the lot(s) has been paid for in full.
Any lots (or part of a lot) not removed by the specified time will be removed into storage, the purchaser to be held responsible for all removal and storage costs, but the risk of damage or loss of the lot whatsoever cause or circumstance shall remain with the purchaser. The Auctioneers reserve the right to re-sell the goods by auction or public or private sale, any deficiency in the purchase price realized by such re-sale together with full costs incurred shall be paid by the purchaser to the Auctioneers and any surplus shall belong to the Seller.
REMEDIES FOR NON PAYMENT FOR FAILURE TO COLLECT PURCHASES
If the Purchaser fails to pay in full for any lot the Auctioneers without reference to the Purchaser, at their discretion and without prejudice to other rights or remedies they may have, will be entitled to issue proceedings against the Purchaser for full damages and breach of contract.
To re-sell the Lot (by Auction or Private Treaty) in which case the Purchaser shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller.
To remove, store and insure the Lot at the Purchasers expense and in the case of storage, either at our premises or elsewhere.
To charge interest at a rate not exceeding 2% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale.
To retain that or any other Lot sold to you until you pay the total amount due.
To reject, ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted.
RESPONSIBILITY FOR PURCHASED LOTS
Each lot is sold with all faults and imperfections and the Auctioneers shall not be liable for errors of description, authenticity, genuineness, origin, date, age, period, quantity, measurement, condition, quality, imperfection, defect, deficiency, failure and/or malfunctioning of any lot and no warranty is implied or given either by the vendor, the Auctioneers or any person in the employment of the Auctioneer.
Any representation or statement made in the catalogue is opinion only and such information is given for guidance only with no responsibility on the part of the vendors or the Auctioneers.
The purchaser shall be deemed to have inspected and approved each and every lot purchased and to have satisfied themselves as to all matters and as to the physical description of all lots.
All electrical goods purchased should be inspected and tested prior to use.
ELECTRICAL & MECHANICAL GOODS & VEHICLES
Electrical/mechanical goods are sold on the strict understanding that these are untested, without warranties and any other guarantees as to serviceability or working order.
Electrical goods are sold as ‘antiques’ only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
The Bidder to be aware that any items of plant, machinery or equipment may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other Act or Acts or Regulations governing use in a working environment. Purchasers are required to ensure that the use of any such plant, machinery or equipment does not contravene any such relevant Act or Regulation applicable thereto.
No vehicle offered for sale is warranted or held to be roadworthy and is sold on the condition that the Purchaser will not use any vehicle purchased on the road unless it has been put in a condition in which it may be used lawfully.
CATALOGUE DESCRIPTIONS
Whilst every effort is made to ensure the accuracy of the catalogue any representation or statement made in the catalogue or made orally is opinion only and such information is given for guidance only with no responsibility on the part of the vendors or the Auctioneers. The purchaser shall be deemed to have inspected and approved each and every lot purchased and to have satisfied themselves as to all matters and as to the physical description of all lots and to whether the lot is damaged or has been repaired or restored or modified. The Auctioneer must receive any claim made under any Statute in writing within five days of the day of the sale.
All lots are sold subject to our terms and conditions. Buyers are advised to check the condition of all lots personally.
In some instances catalogue descriptions indicate some damage, repairs and/or restorations. Absence of such advice does not imply that a lot is free from defect. Purchasers must satisfy themselves as to the condition and authenticity of each lot and whether the lot agrees with the description given.
Presale estimates are intended merely as a guide and may be subject to revision. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The low estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyers’ Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale.
Goods sold are not necessarily new and each lot is sold with all faults and imperfections and errors of description. The auctioneers, their servants or agents do not accept any responsibility for the correctness of any representation or statement in any catalogue of authorship, ownership, attribution, provenance or estimated selling price and any statements are opinion only and are not to be taken as representation of fact. Any purchaser who is represented by an agent in the room who feels dissatisfied with the purchase shall claim against his agent and shall have no claim whatsoever upon the auctioneers.
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.
No sale shall be invalidated by reason of the lots being incorrectly described and no compensation shall be paid in respect of any faults or errors of description. Notwithstanding this condition, if within two days of the sale of any lot the buyer gives notice in writing to the Auctioneer that the lot sold is a forgery and returns the lot within 24 hours in the same condition as it was at the time of the sale to the premises of the auctioneer and there shows that considered in the light of the terms and conditions of sale the lot sold is a forgery, the auctioneers are authorized to and will rescind the sale. The burden of proof to be upon the purchaser and the seller and buyer to agree to be bound by SIA Group (UK) Ltd. decision.
In the context of this guarantee, a ‘deliberate forgery’ means a likeness made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Sale had a value substantially less than it would have had, had it been in accordance with the description, however, there will be no right where the description in the catalogue at the time of Sale was in accordance with the general opinion of experts or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon on any expert or authority considered by them to be reliable.
In these conditions the term ‘catalogue’ includes any advertisement, brochure, estimate price list and other publication. Special terms may be used in catalogue descriptions of particular classes of items in which cases the descriptions must be interpreted in accordance with any glossary appearing inside the cover.
All measures are approximate.
Some electrical goods are offered for sale for display and historical purposes only and are not suitable for connection to the mains supply. All such goods should be checked prior to use and may not comply with the statutory requirements.
PURCHASERS RESPONSIBILITIES
Every person entering or remaining on the premises of the Auctioneers before, during or after a sale or any other occasion does so at his own risk and on the terms that neither the Auctioneers, nor any vendor nor their respective servants or agents shall be liable for any injury, loss or damage to such persons or to his property howsoever and whensoever such injury, loss or damage may have been caused and notwithstanding that the same may have been due to the negligence or breach of statutory or other duty of the Auctioneers or any vendor or their respective servants or agents.
Where a member of the public causes damage to a lot or part lot the auctioneers reserve the right to sell the lot without reserve and hold that specific individual liable for the amount of any shortfall between the hammer price and the reserve or lower estimate or hold that specific individual liable for the cost of restoration or hold that specific individual liable for the full amount of the reserve price or lower estimate.
FIREARMS
The buyer of a firearm is responsible for obtaining a valid firearm certificate, shot gun certificate or certification of registration as a firearms dealer and for conforming with the regulations in force in Great Britain relating to firearms. The Auctioneers will not deliver Lots to buyers without production of evidence of compliance with this condition
PACKING
SIA Group (UK) Ltd are unable to arrange package or shipping of items. Successful buyers must make these arrangements independently, though the saleroom may be able to suggest specialist-shipping companies who can advise buyers, this advice is not a recommendation and the saleroom is not liable for any aspect of the packing and shipping process. Please note that the cost of packaging and shipping depends on the size/weight of the item (s) purchased, insurance requirements and the shipping destination, not the value of the item(s) purchased. Please note that any items not collected within one week of the sale date may be automatically removed to commercial storage and subject to a storage charge.
ARTISTS RE-SALE RIGHTS
All items marked with an (•) are subject to Artists Re Sale Right. From mid Feb 2006 living artists are entitled to receive a resale royalty each time their art work is bought or sold by an art market professional. This new law has been introduced in the UK following a European Directive. Art work must reach or exceed a certain value before it qualifies for the right. The qualifying threshold in the UK is 1000 euros which is approximately £800. The rates are calculated as a percentage of the sale price and are set out in a sliding scale from 4% to 0.25%.
Portion of the sale price Royalty Rate
From 1000 to 50,000 euro 4%
From 50,000.01 to 200,000 euro 3%
This will be an extra charge upon the sum for which the art work is obtained, excluding V.A.T. For auctions this is regarded as the hammer price (excluding the buyers premium).
For more information please see a full copy of ‘The Artists Resale Right Agreement 2006’ which is available on request.
LASTLY
Every person bidding shall be deemed to be fully aware of the above conditions and upon bidding warrants that he has read, makes his bid upon, and agrees to be bound by these conditions and binds both himself and any employer or principal to honour any contract resulting there from.
Upon failure to comply, any money deposited shall be forfeited and the lots re-sold without further notice, by public or private sale at the discretion of the Auctioneers, any deficiency to be made good by the defaulter.
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