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BUYERS CONDITIONS
19. 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. 20. 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 until the purchase price (as defined in 22 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 Semley Auctioneers such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneers sole discretion be put up again and re-sold. 21. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Semley Auctioneers that he acts as agent on behalf of a named principal. 22. Removal of Goods. (a) No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyers risk and expense by 13.00 hours on the third working day after 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 and may be removed to independent warehousing facilities, the costs to be borne by the buyer, in default of which the warehousing facility may exercise a lien on such goods. If they are not paid for and removed within 10 days of the sale the Auctioneer may re-sale them by auction or privately without notice to the buyer. Any liability that 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. (b) In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Barclays Bank plc Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidders own cheque. Cheques drawn by third parties, whether or not in favour of the Auctioneers, cannot be accepted. 23. Purchase Price. The purchaser shall pay the hammer price together with a premium of 17.5% of the hammer price (adjusted for VAT as necessary). The premium at the appropriate rate is payable by all purchasers. The amount invoiced in respect of the premium will be inclusive of VAT but this VAT will not normally be recoverable by the buyer. The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the AuctioneerÃs right to retain the premium payable by the purchaser. 24. Third Party Liability. Every person on Semley Auctioneers’ premises at any time shall be deemed to be there at their own risk. He or she shall have no claim against Semley Auctioneers 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 Semley Auctioneers’ employees. 25. Commission Charges. Commission is charged at 15% of the hammer price with a minimum commission of £8.51 per lot. The Auctioneer reserves the right to apply unsold charges at 15% of the Auctioneer’s mid estimate, together with all other charges incurred. Vat is payable on all charges. Payments are normally issued within 14 days of the date of the sale, providing that Semley Auctioneers Ltd has received payment from the buyer. Click to Close
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