1 - Default
Bamfords 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.
2 - Warranty of Title
The vendor warrants to Bamfords and the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the goods free from any third party claims.
The vendor warrants to Bamfords and it's servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach of the above on the part of the vendor.
3 - Instruction
As Bamfords are Auctioneers, all goods delivered to their premises will be deemed to be delivered for sales by auction unless otherwise stated in writing. All goods will be entered in those sales which Bamfords considers suitable, sometimes within three days of delivery, and sold at the auctioneers discretion. All goods are accepted by Bamfords subject to their conditions of sale. By delivering goods to Bamfords each consignor acknowledges that he or she has accepted and agreed to be bound by all Bamfords conditions of sale.
4 - Collection
Bamfords 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. Bamfords 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.
5 - Loss or Damage
Bamfords disclaim all responsibility for loss or damage to goods unless caused by the direct negligence of their employees.
6 - Storage
Bamfords 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. Bamfords exempt themselves from any liability for loss or damage of goods delivered to their sales rooms without sufficient sale instructions unless the loss or damage is caused by the direct negligence of Bamfords employees.
7 - Unsaleable Goods
Unless otherwise instructed by accompanying or previously received written notice, all goods delivered to their premises which in Bamfords opinion have no saleable value will be disposed of at Bamfords discretion either to a charity or by consigment for destruction. A charge will be made for this service.
8 - Right To Sell
Vendors will be charged at a rate of 30p (small items) and £1 (furniture and large items) per lot per day for goods left on Bamfords premises after the vendor has been requested to remove them. If the goods are not removed within 21 days of such request Bamfords reserve the right to sell the goods at their absolute discretion without further notice in order to defray costs and storage charges.
9 - Insurance
Unless otherwise instructed in writing, all goods on Bamfords 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 changes) for which insurance Bamfords will charge a premium of 2.5%. 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 reserve or in the case of goods withdrawn prior to sale that which the specialist staff of Bamfords shall in their absolute discretion estimate to be the lower of auction value of such goods. Bamfords shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner's written instructions. Bamfords shall not be responsible for accidental breakage, loss or damage unless caused directly by the negligence of their employees. In respect of any article delivered to Bamfords if the vendor has in force a policy or policices of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Bamfords interest as bailees in such policy or policies.
10 - Reserves
All goods are offered for sale WITHOUT RESERVE at the Auctioneer's discretion unless written instructions as to reserves are received by Bamfords 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. All reserves are subject to 10% Auctioneers discretion.
11 - Electrical and Mechanical Goods
The seller or consignor of electrical or mechanical goods warrants and undertakes to Bamfords that on the date on which the same are consigned to Bamford or put under Bamfords control and excepted as previously disclosed to Bamfords the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obviously on external inspection which could prove which could prove dangerous to humane life or health and will indemnify Bamfords, its servants and agents against loss or damage suffered by any of them in consequence of any breach of the aboce warranty and udertaking. Bamfords reserve the right to make a minimum charge of £3.00 per item to have the goods checked by an electrician for the safety of the item.
12 - Indemnity
The vendor shall duly indemnify Bamfords against any claim in connection with any goods sold by Bamfords on the vendors behalf.
13 - 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 etc. This information must be supplied to the Auctioneers on or prior to delivery of the goods.
14 - The Auctioneer's Margin Scheme
The Auctioneer's Margin Scheme allows Auctioneers to sell items without VAT on the hammer price and under the scheme we are no longer allowed to separate out the VAT from the Vendor's commission or buyer's premium.
15 - The Vendor Authorises The Auctioneers To Deduct Commission & Expenses
The Vendor Authorises The Auctioneers To Deduct Commission & Expenses at the rates from the hammer price and acknowledges the Auctioneer's right to retain premium payable by the purchaser.
16 - Rights To Photographs and Illustrations
The vendor gives Bamfords full and absolute right to photograph and illustrate any lots placed in it's hands for sale and to use such photographs and illustrations and any photographs provided by the vendor at any time at it's absolute discretion, whether or not in connection with the auction. Bamfords will reserve the right to make a discretionary charge for any photographs used in the catalogue which will promote the items on sale.
17 - Payment
The 'net sale proceeds' received from the buyer in cleared funds will be forwarded to Vendors no later than 28 days after the auction (we endeavour to settle non catalogue sales within 14 days of the auction). Where the Buyer makes a payment more than 23 days after the auction we shall send to the vendors the 'net sale proceeds' within 5 working days of receipt of cleared funds. The 'net 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. Vendors should note that notwithstanding any other terms of these conditions, the vendor(s) may on certain circumstances be liable to Purchaser(s) in respect of disputed catalogue descriptions, even though they have been made innocently and in good faith.
18 - Buyers Premium
The purchaser shall pay the hammer price together with a premium of 17.5% + VAT of the hammer price, or 21% of the hammer price for Specialist and Fine Arts sales, (adjusted for VAT as necessary). The premium at the appropriate rate 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. 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. Any lot purchased through the services of ATG Media will be subject to a further charge of 3.5% of the hammer price (plus VAT where chargeable)
19 - Late Payment and Collection
All lots must be paid for and collected by 5pm on the Friday of the week of sale unless by prior arrangement. Any lots which have been paid for but have not been collected by that time will be subject to a £10 charge per lot per day until collection is made. Any lots which have not been paid for will be made unsold and the bidder will be banned from buying at Bamfords in future sales
20 - Collection Of Items In Person.
Please note that for collection of any lot by purchaser, agent or third party following payment over the telephone or via bank transfer, we must insist that the purchaser or agent must provide the original signed collection invoice which will be sent through the post immediately following receipt of payment - the agent must also bring a form of id showing full address details in order that the goods be released