1. APPLICATION AND CONTRACTUAL RELATIONSHIP
1.1. By making a bid, a Bidder acknowledges his acceptance of these Conditions and will be bound by them.
1.2. On The Square acts as agent for the Seller for the sale of a Lot to the Buyer unless On The Square is the owner of the Lot. As such, On The Square is not responsible for any default by the Seller or the Buyer.
1.3. The contract for the sale of a Lot is between the Seller and the Buyer and is subject to these Conditions and the Seller’s Conditions.
2. PRE-SALE AND DESCRIPTIONS
2.1. Statements made by us in a Catalogue, during the course of the Auction or elsewhere describing a Lot including its authorship, origin, age, size, condition, genuineness, authenticity or value are intended as a guide for interested Bidders. These are statements of opinion only and should not be relied on as statements of fact. Illustrations of the Lots are for general identification only.
2.2. Lots by their nature are usually aged and varied in condition. The absence of any description of a defect, damage, modification or restoration in any Catalogue does not imply that there are none.
2.3. If you are interested in a Lot, we strongly recommend that you view it in person before the Auction and form your own opinion of the description of the Lot.
2.4. We reserve the right to change any aspect of the published description of a Lot prior to the auction. Any change may be published on our website, displayed at the auction, announced by the auctioneer prior to the sale and/or communicated in any other manner. All copyright in Catalogues including images belongs to On The Square.
2.6. All copyright in Catalogues including images belongs to On The Square.
3. ABSENTEE COMMISSION BIDS
3.1. If you are unable to attend the Auction personally, you may submit a Commission Bid and we will endeavour to purchase the Lot on your behalf for the lowest price possible. You must submit this in writing using the Commission Bid Form and send it to us by post, fax, email or delivery to our offices at least 24 hours prior to the Auction.
3.2. For all Commission Bids, you must supply your name and address, contact telephone number and email. You must also provide the Lot number and description of the Lot, the amount of your Bid and any other information requested in the Commission Bid Form or by us. It is your responsibility to provide the correct information and to ensure that we have received your Commission Bid. We are unable to acknowledge receipt of Commission Bids received in the 3 days prior to the date of the Auction.
3.3. We do not charge for this service and therefore we will not incur any liability for executing (or failing to execute) the Commission Bid.
3.4. If you submit a Commission Bid verbally (whether by telephone or otherwise), we shall not be responsible for any misunderstandings (by either us or our agents or you) in relation to your Bid.
3.5. If we receive two Commission Bids for equal value for the same Lot, the Bid received first by us shall take precedence.
3.6. “Buy” commissions [and unlimited Commission Bids] will not be accepted.
4. AUCTION SALE
4.1. Before the auction, all potential Bidders must register and have paid the fee of £1.
4.2. The highest Bidder for each Lot shall be the Buyer. If there is a dispute, the auctioneer shall have absolute discretion to determine the dispute including re-offering the disputed Lot for sale.
4.3. A Bidder must submit a bid for an entire Lot and each lot constitutes a separate sale. The auctioneer shall however have an absolute discretion to divide any Lot, to combine any two or more Lots, or to withdraw any Lot from the auction without giving any reason (including after the hammer has fallen). Bidding shall be regulated at the absolute discretion of the auctioneer. The auctioneer has the right to refuse any bid.
4.4. Subject to Condition 4.2, the contract for the sale of the Lot is concluded on the strike of the hammer.
4.5. All Lots are offered for sale subject to any Reserve.
4.6. You cannot cancel your purchase of a Lot once the hammer has fallen.
5.1. The Purchase Price payable by a Buyer is the Hammer Price plus a commission of 15% of the Hammer Price. VAT is then payable on that 15%.
5.2. The Buyer of a Lot shall, if requested, immediately notify his name and address to the auctioneer and if required provide proof of identity to our satisfaction and bank or other credit references or pay the Purchase Price in full before the Lot can be delivered to the Buyer.
5.3. Any part of the Purchase Price outstanding after the Auction shall be payable by you within 7 days of the date of the auction.
5.4. The Purchase Price is payable by you in full. You are not entitled to set-off any amounts that you claim are due from us or anyone else or make any other deductions.
5.5. Unless we have agreed in writing otherwise, you shall act on your own account as principal in respect of the sale and therefore if you accept a commission from a third party to bid on their behalf, you do so at your own risk and will remain personally liable (jointly with your principal) to us for the Purchase Price in accordance with these Conditions.
5.6. If you fail to comply with your obligations under these Conditions, the Lot in respect of such non-compliance may at our discretion be put up for sale at auction and resold. In this case, you will be liable in full and will indemnify us for all losses, costs and expenses (including legal costs) incurred as a result including the costs of the resale and the amount (if any) by which the Hammer Price obtained on the resale is less than the Hammer Price obtained on the original sale of the Lot to the Buyer.
6. RISK, TITLE AND DELIVERY
6.1. [The risk of damage/loss to the Lot will pass to the Buyer on delivery.] Title in a Lot will not pass to the Buyer until the Purchase Price has been paid in full.
6.2. Unless agreed by us, you should collect the Lot within 7 days of the date of the auction. We reserve the right to charge for storage and to resell by auction or privately without notice to you, if a Lot is not collected. Alternatively we can arrange for delivery of the item to you, but all costs will be paid by the Buyer.
6.3. Except in relation to Forgeries, you must satisfy yourself that the correct Lot has been delivered to you at the time of collection/delivery. We will not be responsible for any discrepancy which might be discovered after the Lots have been collected. [If we have delivered the Lot to you, we will not be responsible for any discrepancies if you fail to notify us within 24 hours of receipt].
6.4. It is the Buyer’s responsibility to obtain any necessary import, export or other licences required in relation to a Lot.
7. EXCLUSION OF LIABILITY
7.1. Except where these Conditions expressly state otherwise, no warranty is given to a Buyer concerning a Lot and each Lot is sold as shown with all faults, imperfections, errors of description (including authorship, origin, age, size, condition or value) or lack of authenticity or genuineness and neither us nor the Seller nor any of our agents or sub-contractors will be liable for any damages, costs, expenses or any other liability arising out of the same whether or not caused by negligence.
7.2. Our maximum liability under these Conditions is the amount of the Purchase Price paid by you.
7.3. Neither us nor any of our agents or sub-contractors shall be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation or otherwise:
(a) for loss of profits or business, depletion of goodwill and/or similar losses; loss of contracts; or
(b) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
7.4. We shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of our obligations in the Conditions, if the delay or failure was due to any cause beyond our reasonable control.
7.5. Nothing in these Conditions excludes or limits our liability for any matter which it would be illegal for us to exclude or attempt to exclude under English law or for our fraud or fraudulent misrepresentation.
8. DATA PROTECTION
8.1. By agreeing to these Conditions, a Bidder acknowledges and agrees that we will use personal information of a Bidder for the purpose of the auction and ancillary matters including providing a Buyer’s personal details to a Seller and any other person where necessary to enforce our rights under these Conditions.
9.1. These Conditions and the Seller’s Conditions constitute the entire agreement between us. All other terms, warranties and representations, express or implied by statute or otherwise are excluded to the fullest extent permitted by law. No variation to these Conditions shall be legally binding unless agreed in writing by us.
9.2. All rights and benefits granted to a Bidder under these Conditions is personal to him and may not be assigned or in any other way transferred to any other person. Any such assignment or transfer will be invalid and unenforceable against us.
9.3. A notice required or permitted to be given by either of us to the other under these Conditions shall, in the case of a Bidder, be to the last address notified to us and in the case of On The Square, shall be to its registered office.
9.4. No failure or delay by us in exercising any of our rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by us of any breach of these Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.5. We may perform our obligations and exercise our respective rights through any of our group companies or assign our rights under these Conditions.
9.6. If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
9.7. English law shall apply to these Conditions and we both agree to the English courts having exclusive jurisdiction.
10.1. In these Conditions:
‘On The Square’,’us’ or ‘we’ means On The Square Auctions Limited;
‘Bidder’ and ‘you’ means a person making, attempting to make or considering making a bid for a Lot including a Buyer;
‘Buyer’ means the person who makes the highest bid for a Lot which is accepted by the auctioneer and if the person is acting as an agent, will be a reference to its principal only if On The Square has accepted the agency in writing;
‘Catalogue’ means a catalogue, price list or other publication or price list;
‘Conditions’ means these conditions of sale and any other additional terms notified to Bidders in writing in a Catalogue or otherwise (which includes notices displayed at the Auction) or as agreed in writing between On The Square and the Bidder;
‘Hammer Price’ means the amount of the highest bid for a Lot accepted by the auctioneer;
‘include’ or ‘including’ mean including without limitation and include without limitation, respectively;
‘Lot’ means any item deposited with us for sale at auction including items described against any Lot number in a Catalogue;
‘Purchase Price’ means the Hammer Price plus a commission of 15% of the Hammer Price, VAT then payable on that 15%;
‘Reserve’ means a confidential price below which the auctioneer will not sell a Lot or will re-purchase on behalf of the Seller or for the account of On The Square;
‘Seller’s Conditions’ means the terms and conditions of sale between On The Square and a Seller for the sale of a Lot as displayed in the auction room, on our website or available from On The Square.
10.2. Headings in these Conditions are for convenience only and shall not affect their interpretation.