3 – Default
EWB disclaim responsibility for either the Buyer or the Vendor because they act as agents for the vendor only and do not pay the vendor until payment is received from the buyer.
4 - Warranty of Title
4.1 - The Vendor warrants to EWB and to the Buyer that he is the true owner of the Lot or is properly authorised by the true owner to sell the Lot and can transfer good and marketable title to the Lot free from any liens, charges or third-party claims. When the Vendor is authorised by the true owner to sell the lot, the Vendor must name the owner and produce such written evidence of his authority as EWB may request.
4.2 - The Vendor warrants to EWB, its servants and agents and the Buyer against any loss or damage suffered in consequence of any breach of the above on the part of the Vendor.
4.3 - The Vendor warrants that all information supplied to EWB in connection with the Lot is accurate to the best of his knowledge, information and belief.
5 – Instructions
5.1 As EWB are Auctioneers, all goods delivered to their premises will be deemed to be delivered for ales by auction unless otherwise stated in writing. All goods will be entered in those sales which EWB considers suitable and sold at the auctioneer’s discretion. All goods are accepted by EWB subject to their conditions of sale. By delivering goods to EWB each Vendor acknowledges that he or she has accepted and agreed to be bound by all conditions of sale of EWB.
6 – Collection
6.1 - EWB do not themselves usually undertake the collection of goods but will, if required, instruct a contractor on the vendor's behalf in their capacity as agents. EWB disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless written instructions are received to the contrary these services will be deducted from the proceeds of sale.
6.2 - EWB will not collect goods for sale unless otherwise agreed and where EWB agrees to collect any such goods, the risk in such goods remains with the Vendor.
7 - Loss or Damage
7.1 EWB disclaim all responsibility for loss or damage to goods unless caused by the direct negligence of their employees.
8 – Storage
8.1 - EWB reserve the right to store or arrange for storage of delivered goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. EWB exempt themselves from any liability for loss or damage of goods delivered to their salerooms or other premises without sufficient sale instructions, unless the loss or damage is caused by the direct negligence of an employee of EWB.
8.2 - Storage charges may apply at the rate of £5 per lot per day.
9 - Unsaleable Goods
9.1 Unless otherwise instructed by accompanying or previously received written notice, all goods delivered to their premises which in EWB’s opinion have no saleable value will be disposed of at EWB’s discretion, either to a charity or by consignment for destruction. A charge will be made for this service.
10 - Right To Sell
10.1 Vendors will be charged at a rate of £5 per lot per day for lots left on EWB’s premises after the vendor has been requested to remove them. This charge is backdated to the date of sale and if the goods are not removed within 21 days of such request EWB reserves the right to sell the goods at their absolute discretion without further notice in order to defray costs and storage charges.
11 - Risk of Loss or Damage
11.1 - The Vendor shall be responsible for insuring their goods until they arrive at the premises of EWB.
11.2 - Unless otherwise instructed in writing, all goods on EWB’s premises and in their custody will be held insured against the risks of fire, theft following forcible entry, and water damage, but not against damage caused by humidity or temperature changes, inherent conditions or defects, error in processing, war, nuclear radiation or radioactive contamination. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the reserve; in the absence of a reserve or in the case of goods withdrawn prior to sale that which the specialist staff of EWB shall in their absolute discretion estimate to be the auction value of such goods.
11.3 - EWB shall not be responsible for accidental breakage, loss or damage unless caused directly by the negligence of their employees. In no event will EWB be liable for damage to glass or picture frames (or cleavage of stones) whether forming the whole or part of any Lot, or depreciation in value following repairable damage to any lot.
11.4 - In respect of any article delivered to EWB, if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether for an agreed sum or value, the vendor shall notify his insurers of and shall himself note EWB’s interest as bailees in such policy or policies.
12 – Reserves
12.1 - All goods are offered for sale WITHOUT RESERVE at the Auctioneer's discretion unless written instructions as to reserves are received by EWB prior to the commencement of the sale. Where requested, advice on reserves will be discussed and agreed. Reserves placed by telephone are accepted at the sole risk of the vendor and must be confirmed by the vendor in writing to be received by the Auctioneers prior to the commencement of the sale.
12.2 - All reserves are subject to 10% Auctioneers discretion.
13 - Special Goods and Dangerous Substances
13.1 - The Vendor of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to EWB that on the date on which the same are consigned to EWB or put under EWB’s control that
13.1.1 - they are safe (if used for the purpose for which they were designed) and free from any defect which might cause personal injury or death; and
13.1.2 - they comply with all applicable legislation such as (but not limited to) the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations.
13.2 - The Vendor of any Lot containing Dangerous Substances warrants and undertakes to EWB that as at the date when the same are put under EWB’s control
13.2.1 - the Vendor has obtained all requisite environmental licences and approvals required by Environmental Law; and
13.2.2 - the vendor has complied with all the Environmental Law and Environmental licences, which are applicable to the dangerous substances.
13.3 - The Vendor agrees to indemnify EWB, its employees or agents against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this condition 13 or any negligence of the Vendor, its employees and agents.
13.4 - The Vendor acknowledges that EWB are the Vendor’s agents and for the purposes of all legislation applicable to Special Goods and Dangerous Substances, including, but not limited to, Health and Safety legislation and regulations and Consumer Protection Act 1987, the Vendor acts as consignor and supplier.
13.5 - EWB reserve the right to make a minimum charge of £5.00 per item to have electrical goods checked by an electrician if required.
14 – Indemnity
The vendor shall duly indemnify EWB against any claim in connection with any goods sold by EWB on the vendor’s behalf.
15 - Value Added Tax
A vendor who sends for sale by auction any chattels which is an asset of his business must disclose to the Auctioneers whether or not he is a registered person for Value Added Tax purposes, and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art and antiques. This information must be supplied to the Auctioneers on or prior to delivery of the goods.
16 - The Auctioneers’ Margin Scheme
The Auctioneers’ Margin Scheme allows Auctioneers to sell items without VAT on the Hammer Price. Under the Auctioneers’ Margin Scheme an amount equivalent to VAT at the current rate is added to the Buyer’s Premium. This amount cannot be refunded. The VAT element will not be shown separately on the Buyer’s invoice.
17 – Commission
The Vendor authorises EWB to deduct Commission & Expenses at the Stated Rates from the hammer price and acknowledges the Auctioneer's right to retain premium payable by the purchaser. Vendor’s commission is charged at the rate of 10% plus VAT per lot sold.
18 - Photographs and Illustrations
The vendor gives EWB full and absolute right to photograph and illustrate any lot 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. EWB have absolute discretion on the illustration of any lot in the catalogue at the Vendor’s expense.
19 - Payment of Sale Proceeds to the Vendor
19.1 - The Sale Proceeds received from the buyer in cleared funds will be forwarded to Vendors no later than 28 days after the auction. Where the Buyer makes a payment more than 21 days after the auction, we shall send to the vendors the Sale Proceeds within 5 working days of receipt of cleared funds. The Sale Proceeds are the hammer price less commission and expenses set out in the terms of business. The vendor waives any right to interest that may be earned during the period from payment by the buyer to receipt of the 'net sale proceeds' by the Vendor.
19.2 - Vendors should note that notwithstanding any other terms of these conditions, the vendor(s) may on certain circumstances be liable to Buyer(s) in respect of disputed catalogue descriptions, even though they have been made innocently and in good faith.
19.3 - If the Buyer fails to pay the Purchase Price within 28 days of the auction EWB will notify the Vendor who will instruct EWB as to the appropriate course of action to take and if in the opinion of EWB such action is practicable, it will endeavour to assist the Vendor to recover the Purchase Price, but EWB shall be under no obligation to institute proceedings against the Buyer in its own name. If EWB do not receive instructions from the Vendor or if in the opinion of EWB such proposed course of action is not practicable for whatever reason, then EWB shall be entitled to:
19.3.1 - agree terms with the buyer for payment of the Purchase Price;
19.3.2 - where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer
19.4 - If not withstanding that Buyer fails to pay to EWB the Purchase Price, EWB remits to the Vendor the Sale Proceeds, the ownership of the Lot shall pass to EWB.
20 - Buyer’s Premium
20.1 - The Buyer shall pay the Hammer Price together with a premium of 19.5% of the Hammer Price plus VAT. This premium is payable by all purchasers. The amount invoiced will be premium plus VAT (where VAT is chargeable) but this VAT will not normally be recoverable by the buyer. Any lot purchased through the services of ATG Media www.the-saleroom.com will be subject to a further charge of 4.65% plus VAT of the Hammer Price and www.easyliveauctions.co.uk will be subject to a charge of 3.6% plus VAT. Any lot purchased through www.ewbauctions.com will be subject to a further charge of 3% plus VAT of the Hammer Price.
20.2 - The Vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer’s right to retain the premium payable by the purchaser.
21 - Withdrawn Lots
21.1 - If the Vendor cancels his instructions for sale at any time, EWB reserves the right to charge a fee of 20% of either EWB’s latest estimate of the auction price of the lot or the Reserve placed on the lot (if there is one), plus in either case VAT and expenses, with a minimum charge of £5 plus VAT.
21.2 - Upon withdrawal of the Lot/s, the Vendor shall arrange for the collection and removal of the same at his own expense on or before 2 working days after the date of withdrawal. If the Vendor fails to remove the lot within the specified time, he shall pay storage charges at the rate of £5 plus VAT per lot per day backdated to the date of withdrawal.
21.3 - Any legal fees, expert’s fees and any other expenses that EWB may incur investigating any claim concerning ownership of the Lot shall be borne by the Vendor, who shall reimburse to EWB all such fees and other expenses on a full indemnity basis.
22 - Rescission of Sale
22.1 - If the Buyer makes a claim to rescind the sale on the basis of condition 36.2 and in EWB’s opinion that claim is justified, or EWB decides to rescind the sale on the basis of condition 19.3, EWB may rescind the sale without further reference to the Vendor and refund to the Buyer any amount already paid in respect of the Lot.
22.2 - If the Vendor has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in condition 22.1, EWB has the right to recover such monies from the Vendor.
23 - Unsold Lots
23.1 - If any Lot fails to sell at auction EWB will notify the Vendor who will either arrange for its removal from EWB the day following the auction or instruct EWB to re-offer the Lot for sale.
23.2 - If the Vendor fails to remove the Lot by the agreed time on the day following the auction, the Vendor shall pay to EWB the Storage Charges, as specified in conditions 8 & 10.
24 - Private Sales
If after 28 days of notification of any unsold Lot or withdrawn Lot, the Vendor has failed to collect the Lot, the Vendor hereby authorises EWB to sell that Lot by private treaty and to deduct from the sale price any sums owing to EWB, including but not limited to commission up to one half of the stated rates, and expenses.
25 - Post and Packaging
EWB are not shippers or packers, but will, if you are unable to arrange your own packing and couriers service, be happy to help. We will pack and post small items, at a small administration charge and send the parcel with The Royal Mail Special Delivery Service or DPD. EWB disclaim all responsibility for loss or damage to the goods - any claims in this regard must be taken up with Royal Mail or DPD. We are unable to package or post clocks or barometers using our in-house postage as we are unable to professionally secure the movement whilst it is in transit. We are unable to post guns due to strict legislation on sending firearms. Check individual requirements for posting weapons.