STANDARD TERMS AND CONDITIONS OF SALE
1. In these conditions Hill’s Trading Company Ltd :-
(a) Act as auctioneers and agents for the vendors and are referred to as “the Auctioneers” and any such reference shall include all employees and agents or representatives this reference shall mean either gender singularly shall include the plural or vice versa. The clause headings are for general guidance and do not form part of the interpretation of the conditions.
(b) “Hammer Price” means the price at which a lot is knocked down by the Auctioneer to the buyer.
(c) “Catalogue” includes any advertisement, brochure, estimate, price list and any other publication.
(d) “Net Proceeds” means the net amount due to the Vendor being the hammer price of the lot sold less the commission at the prevailing rates plus VAT together with expenses and any other amounts due the Auctioneers by the Vendor in whatever capacity and howsoever arising.
(e) “Buyer” shall mean the highest bidder as outlined in section 4.
(f) “Vendor” shall mean the individual, company or other body on whose behalf the Auctioneer acts as agent in the sale of the items.
Sales Commission :
Commission on sales is 15% of the hammer price.
Selling commission is 20% of the hammer price.
The Auctioneers and insurer’s shall not be responsible for any goods entered into the auction.
Unsold Lots :
Unsold Lots with a set reserve shall be subject to a minimum charge of 10% of the reserve.
Unsold lots with no reserve will be subject to a £3.00 admin fee.
Unsold Lots will become the property of Hill’s Trading Company Ltd if not collected within 14 working days after the seller statements have been issued.
Withdrawal Fees :
On lots withdrawn from the sale, a fee of of £5.00 per lot. The vendor will also be liable to any other charges incurred in the processing of this lot.
Uncollected items will be subject to a storage fee of £5 per day after 3 days of the auction ending
With reference to any publication detailing descriptions of lots all statements whether printed or made orally are statements of opinion only and are not to be taken as statements of fact unless instructed by the vendor in writing to so certify. As such the Auctioneers do so act as agents and cannot be held responsible for such claims. All buyers or their agents shall acknowledge responsibility to examine these conditions and terms, description of the lots and also satisfy themselves as to condition, damages and restorations before the sale.
Unless stated otherwise on this form, the vendor warrants to Hill’s Trading Company Ltd that he/she possesses a marketable title free from encumbrances in all goods which he/she instructs Hill’s Trading Company Ltd to sell. Unless Hill’s Trading Company Ltd have been advised otherwise in writing prior to the items being consigned for sale, the vendor is deemed to instruct Hill’s Trading Company Ltd as an individual on his/her own behalf. The vendor indemnifies Hill’s Trading Company Ltd fully in all respects in connection with any claims which may be received to the title of any items consigned for sale.
4. The Auction :
The Auctioneers may at their absolute discretion, divide any lot, combine any lots, withdraw any lots, refuse bids, regulate bids and cancel any sale at any time without reason or notice.
The Auctioneers may bid for any goods on behalf of the vendor, which are offered subject to reserve or auctioneers discretion.
The Auctioneers decision shall be deemed to be final in all cases of dispute and any statement made by him concerning any change of description or other matter regarding any lot shall take precedence over previous published statements or descriptions.
In general the highest bidder shall be the buyer at the hammer price however in the case of a dispute, the above clause shall be enforced.
If the website has technical issues then we have the right to void all bids and relist the items.
5. Default by the Purchaser:
The Auctioneers act as agents to the vendor and will not pay out the net proceeds to the vendor until full settlement is made by the buyer. Any cash payments not collected within 3 months, the proceeds will be donated to charity of our choice.
6. Storage and carriage:
The Auctioneers shall undertake to arrange suitable carriage for the vendor’s items if required and any charges shall be deducted from the vendor’s proceeds. Risk in the items will therefore remain with the vendor until such time as the goods are sold to the buyer.
All goods are sold without reserve unless written instructions are received by the Auctioneers prior to the commencement of the relevant auction.
The vendor shall indemnity Hill’s Trading Company Ltd against all or any claims in respect of any goods sold by Hill’s Trading Company Ltd on the vendor’s behalf.
9. Vendor Authorisation:
The vendor permits commission and all other charges at the published rates and any Government taxes thereon to be deducted from the proceeds and the vendor also accepts the retention of any premium payable on the purchases by the buyer to be retained by Hill’s Trading Company Ltd .
10. Photographs and Illustrations:
Vendors and buyers of all or any lots give Hill’s Trading Company Ltd absolute discretion to use in any publication or promotional matter any photographs and illustrations whether supplied by the client or commissioned by the Auctioneer for any purposes whatsoever whether in connection with the sale or not, except where the vendor has informed Hill’s Trading Company Ltd in writing to the contrary, the vendor represents and warrants that no lot is subject to any copyright restrictions.
11. Bidding Agents:
All bidders shall supply to Hill’s Trading Company Ltd full details of name and permanent address and if required formal identification. Any bidder shall be deemed to act as a principal and shall be responsible for all accounts unless Hill’s Trading Company Ltd receive in writing instructions that they are acting for the named principal.
12. Purchase Price:
The Buyer shall pay the Hammer Price plus a buyers premium of 15% on lots up to and including £10,000.00 and the premium over £10,000.00 shall be 10%.
13. Settlement of Accounts and Removal of Goods:
All accounts to be settled in full within two working days and all items to be removed within two working days, failing which, Hill’s Trading Company Ltd shall not be held responsible if the lots are stolen, lost, damaged or destroyed and any lots remaining with the Auctioneers shall remain at the risk of the Buyer.
Any account not settled by the end of business on the second day after the sale shall be subject to a minimum storage charge of £5.00 per item per lot per day.
All accounts to be settled by cash or card payment to the Hill’s Trading Company Ltd . Cheques are not accepted under any circumstances.
All goods sold shall be removed from the premises within two working days of the sale date otherwise they shall be disposed of.
The Auctioneer may take a lien over the lots purchased by the defaulting Buyer and any other items in the Auctioneers possession belonging to that purchaser and if necessary resell by public auction or otherwise these items to defray any charges or accounts outstanding.
The defaulting Buyer shall be responsible for any losses occurring from the resale of any lots.
If the Buyer fails to comply with the terms and conditions the Auctioneer has the right to refuse to accept bids in any future sale whether from the principal or their agent and that they may require a cash sum to be deposited with the Auctioneer prior to any bids made by that principal or their agent and that sum shall be decided by the Auctioneers.
14. Third Party Liability:
Any person in the premises of Hill’s Trading Company Ltd shall be there at their own risk and that they shall have no claim against the Auctioneers, their employees or agents in respect of any incident, accident, loss or damage however caused, unless that injury, accident, or incident shall be as a result of the direct negligence of any employee of Hill’s Trading Company Ltd.