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Auctioneer Terms and Conditions
Castle Auctions Terms and Conditions.
Customers are politely requested to read, understand and agree to our terms and conditions set out below.
CONDITIONS OF SALE:
Prospective buyers are advised that all Lots are sold as seen, without warranty or guarantee and they should therefore thoroughly check the condition of Lots before bidding.
Descriptions are an expression of opinion after research and careful consideration. The descriptions are not intended to be a guarantee of authenticity. The Auctioneers will not be responsible for the correctness of the description or measurement or weight or genuineness or authenticity of any article they believe to be correct but are made as an expression of opinion only and the lots are sold subject to all faults and errors in description. Neither The Auctioneers nor sellers make any warranty to buyers in respect of the lots and any implied conditions or warranties are excluded except in the case of the seller those implied in section 12 of the Sale of Goods Act 1893 as amended by the Supply of Goods (Implied Terms) Act 1973.
The Auctioneer neither has nor professes any expert or other knowledge of any Lot sold and each Lot is sold as seen with all faults and errors or mistakes of description and all written or oral representations as to description, quality or fitness are excluded. The buyer shall be deemed to have inspected the Lot he buys and if he buys without so doing he shall do so at his own risk.
1. The person making the highest accepted bid shall be the purchaser.
Purchasers will be deemed:
I. To have inspected their lots prior to the sale; and
II. To have accepted that lots are sold with all faults and imperfections specifically mentioned or not irrespective of whether they bid in person, by commission, online or through an agent. Prospective buyers are advised that all Lots are sold as seen, without warranty or guarantee and they should therefore thoroughly check the condition of Lots before bidding. Any implied warranty, condition or other term is excluded except where to do so would be unlawful.
2. The auctioneers undertake that care has been taken to see that catalogue descriptions are accurate and reliable however these are matters of opinion only and shall not be taken to be statements of fact. Descriptions are an expression of opinion after research and careful consideration. The descriptions are not intended to be a guarantee of authenticity. The Auctioneers will not be responsible for the correctness of the description or measurement or weight or genuineness or authenticity of any article they believe to be correct but are made as an expression of opinion only and the lots are sold subject to all faults and errors in description. Neither the Auctioneers nor the Company make any warranty to buyers in respect of the lots and any implied conditions or warranties are excluded. The buyer shall be deemed to have inspected the Lot he buys and if he buys without so doing he shall do so at his own risk.
3. Castle Auctions and the Seller offer no guarantees as to the road-worthiness of any of the vehicles, or sea-worthiness of any of the vessels, made available for sale. Castle Auctions and the Seller accept no liability for mileage input or other errors on MOT’s, Vehicle Road Tax or other official documents. It is the sole responsibility of the buyer / bidder to satisfy themselves of the accuracy of mileage recorded on any vehicle offered at auction. Unless otherwise stated, the buyer bears late road tax fees and/or registration expenses and/or MOT.
4. The goods being auctioned are second hand, unless stated otherwise, and the Seller makes no representation or warranty, express, or implied, including but not limited to warranties of merchantability or fitness for a purpose or any other matter with respect to the goods. The Seller who has listed the item claims no responsibility for the authenticity, commercial value or quality of any of the items. The working condition (unless stated otherwise) of these items are not determined and it is advised that all electrical items should be tested by a competent person prior to use. Castle Auctions strongly recommends that purchaser conduct an on-site inspection of the goods sold hereunder. The employees or representatives of Castle Auctions are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the goods auctioned which are inconsistent with these Terms and Conditions. Any such statements made will not be binding on the Company or be grounds for any subsequent claim. Where a description refers to stone’s ‘yellow’ or ‘white’ metal in respect of jewellery items then that should be taken to mean its substance is unknown. Goods are being ‘Sold as Seen’ and “With All Faults”. All items are sold in their current state as seen during the auction day.
5. The auctioneers act as agents to the Seller / Vendor and shall not incur liability to any purchaser for any statement, representation or warranty as to title, quality or otherwise of any lot made on behalf of and with the Vendor’s authority. Likewise, the auctioneers shall incur no liability to a purchaser arising from any defect in goods sold save in the event of negligence on the part of the auctioneers or their employees. Any liability therefore shall be a matter for dispute between purchaser and vendor only .
6. Care has been taken to ensure the accuracy of the catalogue, but no sale shall be invalidated by reason of any defect of faults in any of the lots by reason of any of the lots being incorrectly described in the catalogue and no compensation shall be paid in result of any such faults or errors in description. The Auctioneers and the Company give no warranty as to the genuineness or authenticity of the goods and the purchaser shall accept every lot with all faults and errors of description. Purchasers must check that the lot they intend bidding for is as per the catalogue description and satisfy themselves of that BEFORE making a bid.
Any representation or statement by the auctioneer in any catalogue, brochure or advertisement of forthcoming sales as to authorship, attribution, genuineness, authenticity, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only.
7. Removal, packing, collection and transportation of goods is entirely at the customers own risk and expense. This can include the dismantling of items. No person shall have any claim against Castle Auctions Limassol Ltd, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.
8. The Auctioneer may, without giving any reason may refuse to accept the bidding of any person or persons.
9. IN THE EVENT OF A DISPUTE THE AUCTIONEER’S DECISION IS FINAL
10. Fees / Commission. The purchaser of each lot shall with his purchase money pay auction commission of 12% (plus VAT) at the appropriate rate unless otherwise marked.
Where indicated, an item may be sold as a Trade Sale and VAT is applicable to the full sale price, example below;
Sale/Hammer price = €100.00
Buyer’s premium @ 12% plus VAT = €114.28
VAT @ 19% on sale price = €19 .00
TOTAL PAYABLE €112.00 + €21.28 VAT = €133.28
Online/Internet bidding. All our sales allow buyers the opportunity to bid from the comfort of their own home using our live internet bidding service. Please note that all lots purchased on www.easyliveauction.com will be subject to an additional 3% commission charge plus VAT
Payment can be made by the following methods: CASH or VISA Debit Cards (subject to 2% handling fee), PayPal (Subject to 3% handling fee), Bank Transfer or Deposit in any branch of Bank of Cyprus (account details provided on invoice). Please note that we cannot accept payment by cheque or American Express.
11. At the fall of the hammer the onus is on the purchaser to secure his or her own goods. Each lot shall be at the purchaser’s risk and must be paid for in full before collection and removed by the purchaser at their own expense and risk.
Purchasers will not normally be permitted to remove goods until their payment has cleared through the bank. Whether removal is permitted or not, ownership of goods will not be deemed to pass to the purchaser until their payment has cleared
Purchasers are responsible for removing lots within 3 working days unless otherwise agreed and providing adequate people and transportation for the collection of heavy goods
In the event of failure by the buyer to remove or pay for his or her purchase, Castle Auctions shall have the right, at their absolute discretion and without prejudice to any other rights and remedies they may have, to:
I. Resell the lot by auction, private sale or any other means without warranty or reserve and without notice to the purchaser or
II. ii. remove and store the lot at the buyer’s expense and at the buyer’s risk and to release the same to the buyer only when the full purchase price plus commission and recover any reasonable storage costs.
III. Alternatively, the auctioneers may, at their discretion, store the lot and recover reasonable charges for so doing from the purchaser. Items so stored will be entirely at the risk of the purchaser and no responsibility can be accepted by either the Vendor or the auctioneers for loss, damage or destruction thereby arising.
Castle Auctions disclaim all responsibility for damage or loss to goods or for any unauthorised removal of goods unless such damage or loss is caused by the negligence of their own employees.
Private treaty sales shall be subject to these conditions of sale where applicable.
12. Every person on any premises on which Castle Auctions may hold a Sale by Auction at any time shall be deemed to be there at his or her own risk without notice. Every person acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present, heavy equipment may be operated and electric circuits may be live. Every person at the auction site, at any time, shall be there at his own risk without notice of the condition of the premises and the activities thereon and bidder shall so advise his agents and employees. No person shall have any claim against Castle Auctions Limassol Ltd, its officers, directors, agents, employees, principals, or attorneys for any injuries sustained, nor for damages to or loss of property, which may occur from any cause whatsoever.