Terms and Conditions
1. All statements contained in the catalogues as to any Lot are made without responsibility on the part of the Vendors or the Auctioneers.
2. All statements contained in the catalogue as to the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot are statements of opinion, and are not to be taken as, or as implying, statements or representations of fact. Imperfections not stated.
3. Intending purchasers must satisfy themselves by inspection or otherwise as to all such matters and as to the physical description of any Lot.
4. Neither the Vendor of any Lot nor the Auctioneers make or give, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any Lot.
5. The purchaser shall pay the hammer price together with a premium of 15% + VAT at the current UK rate (currently 20%) of the hammer price. The current UK rate of VAT is subject to change and will be charged accordingly. The premium at the appropriate rate is payable by all purchasers.
6. 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.
7. In the event of a post purchase item query, the auctioneer reserves the right to stop an item return for up to 14 working days whilst a resolution is reached. In the event an item is accepted for return, third party postage costs will not be paid or refunded.
CONDITIONS OF SALE
1. The Auctioneers act as Agents only. Each Lot as set out in the catalogue, or as divided or joined with any Lot or Lots at the sale at the sole discretion of the Auctioneers, is sold with all faults imperfections and errors of description, and neither the Vendor nor the Auctioneer are responsible for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot. All statements in the catalogue as to any such matters are statements of opinion, and are not to be taken as, or as implying, statements, or representations of fact. Purchasers are deemed to have satisfied themselves by inspection or otherwise as to all such matters and as to the physical description of any Lot. Condition (a) The condition of lots can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold “as is”, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Mid Devon Auctions Ltd or by the seller. (b) Any reference to condition in the Sale Particulars or in a condition report will not amount to a full description of condition, and images may not show the condition of a lot clearly. Colours and shades may look different on the screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report. Neither the Vendor nor the Auctioneers make or give, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty, and in any event neither the Vendor nor the Auctioneers are responsible for any representation or warranty of for any statement in the catalogues.
2. Subject to the reserve price, if any, up to which figure the Auctioneers reserve the right of bidding, the highest bidder shall be the Purchaser, and if any dispute arises between two or more bidders, the Auctioneer shall adjudicate and his decision shall be final and binding on both parties. No person to advance a less sum than shall be named by the Auctioneer, nor to retract his or her bidding. No Lot to be removed until paid for.
3. The Purchasers to give in their names and places of abode, and pay for each Lot at the fall of the hammer (if required), in default of which the Lot to be put up again. The Auctioneer reserves the right of withdrawing, consolidating, dividing or altering the order of any Lots.
4. All Lots to be paid for on or before the close of the sale, and shall remain at the risk of the respective Purchasers from the fall of the hammer until their removal, the same to be taken with all faults and errors of description. All Lots must be cleared within 3 days to enable the next auction to take place.
5. It is expressly stipulated that all Lots are sold for Cash Before Delivery (unless a previous arrangement has been made with the Auctioneer. The Contract of Sale shall be deemed to be with the Auctioneer and all payments to be made to him only. Credit cards unacceptable. Payment is to be made by either debit card to a maximum of £500 including VAT or by bank transfer.
6. Upon failure of complying with any of the above Conditions the Lots un-cleared shall be re-sold by public or private sale and the deficiency (if any) together with all expenses attending such re-sale shall be made good by the defaulter at this sale.
7. The Auctioneer has absolute discretion to divide any Lot, to combine any two or more Lots or to withdraw any Lot or Lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
7a. Rescission. Not withstanding any other terms of these Conditions, if within seven days after the sale the Company has received from the buyer of any lot notice in writing that is in his view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same to the Company in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies the company that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded.
8. The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
9. There is no extra fee with a debit card.
10. Any lots uncollected or unpaid for after 7 days from the date of purchase will be entered into the next sale without reserve, unless alternative arrangements have been made in writing with Mid Devon Auctions Ltd. We reserve the right to distribute any such items to the registered address of the buyer without notice.
11. All lots cannot be withdrawn from the sale once it commences.
ONLINE BIDDING We offer an online bidding service via easyliveauction.com for bidders who cannot attend the sale. Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price or no commission for the internet bidding if the ‘Flat Fee’ has been chosen at registration if available.