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Terms
and Conditions
GENERAL
CONDITIONS OF SALE
1.
The following conditions, together with such other terms,
conditions and notices as may be set out in any relevant Catalogue
or any separate notice to purchasers (together the `Conditions
of Business`):
(a)
govern Voyce Pullin Markets Ltd entire relationship with actual
or prospective Buyers including persons reading Catalogues
or otherwise; and
(b)
are Voyce Pullin Markets Ltd and the Seller`s entire agreement
with the Buyer or prospective Buyer at auction or at any private
sale and all other conditions whether express or implied at
common law or by statute as are capable of lawful exclusion
are hereby excluded.
The
Conditions of Business and all other contents of any Catalogue
are subject to amendment by Voyce Pullin Markets Ltd by the
posting of notices, by oral announcement made by the auctioneer
prior to or during the sale, or by way of an agreement in
writing signed by the parties concerned. Definitions of words
and phrases with special meanings appear in the definitions
section.
2.
The Buyer
(a)
By participating in this sale, the Buyer agrees to be bound
by the terms of the Conditions of Business. The highest bidder
acknowledged as such by the auctioneer will be the Buyer.
In the event of doubt on Voyce Pullin Markets Ltd part as
to the validity of any bid, the auctioneer will have absolute
discretion to determine the successful bidder, cancel the
sale or to re-offer and re-sell the lot and/or to take such
other action as the auctioneer deems fit. Any bidder acting
for any person who is not bidding shall be jointly and severally
liable with that person for satisfaction of all obligations
and liabilities hereunder.
(b)
Without any liability to any prospective Buyers:
(i)
Voyce Pullin Markets Ltd may alter or withdraw any lot from
the auction for any reason up to the moment at which the hammer
falls in relation to such lot(s).
(ii)
where two or more consecutive lots are similar in quantity
and description offer a choice on any subsequent lots to the
Buyer at the same price.
(iii)
without ascribing any reason therefore refuse to accept any
bid.
(c)
Voyce Pullin Markets Ltd, any Voyce Pullin Markets Ltd Affiliated
Company, the Seller or any agent acting on its behalf may
bid for any lot or lots offered for sale at the auction.
3.
The Buyer`s Premium & Charges
The
Buyer will pay to Voyce Pullin Markets Ltd the stated Buyers
Premium percentage as specified for each lot in addition to
the Hammer Price plus VAT for goods purchased through any
means. The Buyer agrees that Voyce Pullin Markets Ltd when
acting as agent for the Seller may also receive commission
from the Seller. Internet Bids placed via i-bidder.com will
have an additional charge of five percent (5%) on the hammer
price, in addition to the set buyer's premium for that sale.
Any
lots not collected and removed in full by the time specified
in the catalogue will be subject to a storage charge of £20
per day or part thereof, levied upon each invoice.
4.
Value Added Tax (VAT)
The
Buyer shall pay any VAT, which may be due on any amounts owed
by the Buyer under the Conditions of Business at the rates
prevailing on the day of the auction.
Non-EC
Purchasers: VAT will be charged at the UK prevailing rate.
Upon receipt of a copy of the bill of lading as proof of export,
the VAT will be refunded on the hammer price. VAT will not
be refunded unless proof of export is provided within 3 months
from the date of the sale. VAT will not be refunded on the
buyer`s premium.
Companies
Registered in an EC Member State: - VAT will be charged at
the UK prevailing rate. Upon receipt of a copy of the bill
of lading as proof of export, the VAT will be refunded on
the hammer price. VAT will not be refunded unless proof of
export is provided within 3 months from the date of the sale.
Voyce Pullin Markets Ltd will also require the customer`s
VAT number shown on company headed paper in order to zero
rate the supply. VAT will not be refunded directly by Voyce
Pullin Markets Ltd on the buyer`s premium but maybe retrieved
by the Buyer through a European VAT recovery company.
5.
Payment & Deposits
(a)
The Buyer shall make payment to Voyce Pullin Markets Ltd of
the Total Amount Due in cleared funds by 1100 hrs on the day
following the sale.
(b)
All payments must be made in pounds sterling;
(c)
Accepted forms of payment are cash, direct bank transfer,
debit card (subject to £0.30 handling charge) and credit
card (subject to a 2.5% surcharge). We do NOT accept payment
by cheque, unless by prior arrangement with the auctioneers.
(d)
Payment by bank transfer should be made to the following Client
Money Account:
Account
Name: VOYCE PULLIN MARKETS LTD CLIENT ACCOUNT
Sort Code: 55-61-38
Account Number: 72015748
(e)
With regard to Money Laundering Regulations 2007 we cannot
accept cash payments over £9000. Anyone wishing to pay
in cash for items over £3000 should also bring with
them some photographic identification e.g passport and proof
of address e.g current utility bill. Voyce Pullin reserves
the right to refuse payment in cash if they are not satisfied
with the identification evidence provided.
(f)
If Voyce Pullin Markets Ltd does not receive payment in accordance
with Clauses 5 (a), (b) and (c) above then it reserves the
right to exercise any of the rights and remedies set out in
Clause 10 below.
6.
Ownership of Lots Purchased
The
ownership of the lot purchased will not pass to the Buyer
until the Buyer has paid Voyce Pullin Markets Ltd in full
the Total Amount Due and Voyce Pullin Markets Ltd has applied
such payment to the lot and each such lot has been removed
from the premises in its entirety.
7.
Collection of Lots Purchased
(a)
At the Buyer`s sole cost and expense, the Buyer shall collect
the lot purchased from the premises at which they are sold
not later than 1500 hrs on the following Friday for our Wednesday
sales, but not before payment to Voyce Pullin Markets Ltd
of the Total Amount Due has been received.
(b)
Packing and handling of purchased lots is at the entire risk
and expense of the Buyer. Voyce Pullin Markets Ltd is not
responsible for acts or omissions by packers or shippers of
purchased lots, whether or not such persons or entities are
recommended by Voyce Pullin Markets Ltd.
(c)
Access for the purpose of removal of lot(s) will be given
only in normal business hours.
8.
Third Party Claims
Should
any party claim possession of or title to all or part of a
lot prior to its removal, the auctioneer reserves the right
to rescind the sale thereof.
9.
Transfer of Risk
Risk
of loss and damage to any lot purchased shall pass to the
Buyer upon the fall of the hammer. The Buyer is advised to
effect any insurance it may consider necessary. Any duty of
the auctioneer and/or the Seller to deliver lots shall be
deemed performed upon the fall of the hammer even if a lot
is subsequently damaged and/or part thereof has been lost.
10.
Remedies for Non-Payment or Failure to Collect Purchases
If
the Total Amount Due is not paid on any lot or the Buyer fails
to collect the lot in each case in accordance with the Conditions
of Business the Buyer will be in default and Voyce Pullin
Markets Ltd, as agent of the Seller or for itself, as appropriate,
shall, at its absolute discretion and without prejudice to
any other rights it may have, be entitled to exercise one
or more of the following rights and remedies:
(a)
proceed against the Buyer for damages for breach of contract;
(b)
cancel or rescind the sale of that or any other lots sold
to the defaulting Buyer at the same or any other auction,
retaining as compensation all payments made by the Buyer referable
to any losses, costs or expenses incurred by the Seller or
Voyce Pullin Markets Ltd as a result of the Buyer`s default;
(c)
re-sell the lot or cause it to be re-sold by Voyce Pullin
Markets Ltd or any Voyce Pullin Markets Ltd Affiliated Company
by public auction or private sale, and hold the Buyer liable
for the Deficiency. The defaulting Buyer hereby agrees that
any resale price at public auction shall be deemed commercially
reasonable;
(d)
hold the Buyer liable for the Total Amount Due and the Deficiency;
(e)
reduce the Total Amount Due or the Deficiency or any other
amounts the Buyer owes to Voyce Pullin Markets Ltd or any
Voyce Pullin Markets Ltd Affiliated Company by:
(i)
any proceeds of sale then due to or thereafter becoming due
to the Buyer from Voyce Pullin Markets Ltd or any Voyce Pullin
Markets Ltd; or
(ii)
any payment made by the Buyer to Voyce Pullin Markets Ltd
or any Voyce Pullin Markets Ltd Affiliated Company, whether
or not intended to reduce the Buyer`s obligation hereunder;
(f)
until payment of all outstanding amounts due to Voyce Pullin
Markets Ltd or any Voyce Pullin Markets Ltd Affiliated Company
have been made in full, exercise a lien on any property of
the defaulting Buyer which is in the possession of Voyce Pullin
Markets Ltd or any Voyce Pullin Markets Ltd Affiliated Company
for any purpose and to sell the same;
(g)
charge the Buyer a minimum handling charge payable to Voyce
Pullin Markets Ltd by the Buyer of one per cent (1%) plus
VAT of the Total Amount Due per month commencing on the seventh
day after the sale and for each successive month or any part
thereof;
(h)
charge the buyer a minimum of £20.00 plus VAT per day
or part thereof storage per outstanding invoice on any goods
not paid for and collected by the time specified in each auction
catalogue
(i)
insure, remove and store the lot either at Voyce Pullin Markets
Ltd premises or elsewhere at the sole risk and expense of
the defaulting Buyer;
(j)
charge the Buyer interest at a rate not exceeding five per
cent (5%) above the base rate of the auctioneer`s bankers
per month on the Total Amount Due to the extent it remains
unpaid for more than seven days after the date of the auction.
(k)
hold the Buyer liable to indemnify Voyce Pullin Markets Ltd
against any loss or damage suffered by Voyce Pullin Markets
Ltd
11.
Liability of Voyce Pullin Markets Ltd, and Voyce Pullin Markets
Ltd Affiliated Company & Sellers
(a)
All goods are sold with all faults and imperfections and errors
of description. Illustrations in Catalogues are for identification
only. Buyers should satisfy themselves prior to sale as to
the condition of each lot and should exercise and rely on
their own judgement as to whether the lot accords with its
descriptions. Voyce Pullin Markets Ltd does not warrant that
electrical or mechanical goods have been duly tested and the
Buyer is solely responsible for testing such goods before
using them. Subject to the obligations accepted by Voyce Pullin
Markets Ltd under this Condition as set forth below, none
of the Seller, Voyce Pullin Markets Ltd or any Voyce Pullin
Markets Ltd Affiliated Company or any of their respective
servants or agents is responsible for errors of description
in the Catalogue or elsewhere or for the genuineness or authenticity
of any lot. No warranty whatever is given by Voyce Pullin
Markets Ltd or any Voyce Pullin Markets Ltd Affiliated Company
or any of their respective servants or agents, or any Seller
to any Buyer in respect of any lot and any express or implied
conditions or warranties are hereby excluded.
(b)
Any claim by the Buyer against Voyce Pullin Markets Ltd, its
servants or agents under this Condition shall not extend to
any loss, interest or damage suffered or expense incurred
by the Buyer.
(c)
Neither Voyce Pullin Markets Ltd nor the Seller make any representations
or warranties, implied or express, to the Buyer, as to whether
any lot is subject to any export restrictions from or import
restrictions into the United Kingdom or any import or export
restrictions of any other country.
(d)
Voyce Pullin Markets Ltd and the Seller hereby severally exclude
liability for any accident or injury, howsoever arising, sustained
by any person or persons who may attend at the premises for
the purpose of the auction, inspection, purchase, collection
or any other business.
(e)
Notwithstanding anything contained in the Conditions of Business,
any claim against Voyce Pullin Markets Ltd, its servants or
agents, or any Voyce Pullin Markets Ltd Affiliated Company,
its servants or agents, by the Buyer shall be limited to the
Hammer Price and Buyer`s Premium actually paid by the Buyer
to Voyce Pullin Markets Ltd with regard to that lot.
(f)
Voyce Pullin Markets Ltd sells as agent for the Seller (except
where it wholly or partly owns any lot as principal) and as
such is not responsible for any default by the Seller.
(g)
Neither the Seller nor Voyce Pullin Markets Ltd recommend
any other organisation or represent the competence of any
other organisation representatives or advertising literature
of which is at or about the auction premises by reason of
the fact of the Seller or Voyce Pullin Markets Ltd have allowed
such representation or literature to be available or distributed
at the auction premises.
12.
Admission
Voyce
Pullin Markets Ltd shall have the right at its absolute discretion
to refuse admission to any person to its premises or to attendance
at auctions. NO persons under the age of 16 shall be admitted
to the auction premises, without prior agreement of the Auctioneers.
13.
Telephone and absentee bids
Voyce
Pullin Markets Ltd may if so instructed execute bids on behalf
of prospective Buyers. Neither Voyce Pullin Markets Ltd nor
its servants or agents are responsible for any neglect of
default relating to bids made in connection with absentee
or telephone bids, including, without limitation, any telecommunications
errors or failures. It is the buyers responsibility to contact
us on 01285 869333 to find out if they have been successful.
14.
Personal Details
If
Voyce Pullin Markets Ltd so requests, the Buyer agrees to
provide written confirmation, in a form satisfactory to Voyce
Pullin Markets Ltd of their name, permanent address, proof
of identity and creditworthiness.
15.
Estimates
Voyce
Pullin Markets Ltd makes no representations or warranties
as to the anticipated selling price of any item of property.
No estimates anywhere made by Voyce Pullin Markets Ltd, its
servants or agents, whether in writing or orally, may be relied
upon as a prediction of the actual selling price. Estimates
in Catalogues, receipts and elsewhere are subject to revision
by Voyce Pullin Markets Ltd from time to time in the exercise
of its sole discretion.
16.
Representations and Statements
Any
representation or statement by Voyce Pullin Markets Ltd in
any Catalogue, condition report or elsewhere and whether oral
or in writing as to authenticity, genuineness, origin, date,
age, provenance, condition, reserve price or estimated selling
price is a statement of opinion only and not of fact. Neither
Voyce Pullin Markets Ltd nor its servants, officers, directors
or employees are responsible for the correctness or such opinions,
whether orally or in writing.
Voyce
Pullin Markets Ltd reserves the right to use any photographic
images of any of the lots for publicity material. Copyright
of the images will remain with Voyce Pullin Markets Ltd
17.
Definitions
In
the Conditions of Business, terms defined below shall have
the meanings set forth herein:
(a)
"Buyers Premium" means the premium payable based
on a percentage of the hammer price to Voyce Pullin Markets
Ltd by a Buyer under Condition 3 plus VAT thereon
(b)
"Catalogue" includes any advertisement, brochure,
estimate, price list and other Voyce Pullin Markets Ltd or
Voyce Pullin Markets Ltd Affiliated Company`s publication;
(c)
"Deficiency" means all handling charges, interest,
collection fees, incidental liabilities, costs (including
without limitation legal fees and expenses) and storage, removal
and insurance fees and with respect to any resale whether
by private sale or at public auction any shortfall between
the original Hammer Price and the resale Hammer Price, the
Expenses of both sales, the Seller`s Commission and the Buyer`s
Premium on both sales and any VAT which may be due;
(d)
"Expenses" in relation to the sale of any lot means
Voyce Pullin Markets Ltd charges and expenses including but
not limited to charges and expenses for insurance, Catalogue
and other reproductions and illustrations, any customs duties,
advertising, packing and shipping costs, reproduction rights
fees, costs of testing, searches or enquiries relating to
any lot and any applicable VAT;
(e)
"Hammer Price" means the price at which a lot is
knocked down by the auctioneer to the Buyer or in the case
of a private sale the agreed price, in both instances excluding
the Buyer`s Premium and any applicable taxes;
(f)
"Seller" means the owner or authorised agent thereof
or person in possession of the property consigned, other than
Voyce Pullin Markets Ltd or Voyce Pullin Markets Ltd Affiliated
Companies. If there are multiple owners or an agent or possessor,
each shall assume all obligations, liabilities, representations,
warranties or indemnities on behalf of the Seller set forth
in the Conditions of Business, jointly and severally;
(g)
"Seller`s Commission" means the commission payable
to Voyce Pullin Markets Ltd by a Seller plus applicable VAT;
(h)
"Voyce Pullin Markets Ltd" means Voyce Pullin Markets
Ltd whose registered office address is Cornerstone House,
Midland Way , Thornbury, Bristol , United Kingdom , company
number 4760021
(i)
"Voyce Pullin Markets Ltd Affiliated Company" means
any company other than Voyce Pullin Markets Ltd being a subsidiary
of Voyce Pullin Markets Ltd for the time being within the
meaning of section 736 of the Companies Act 1985 or a company
with shareholders common to those of Voyce Pullin Markets
Ltd;
(j)
"Total Amount Due" means the Hammer Price in respect
of the lot sold, together with any Buyer`s Premium, VAT chargeable,
any customs duties and any additional charges, fees and expenses
due from a Buyer or a defaulting Buyer.
18.
Notices, Governing Law and Jurisdiction
(a)
Any notice by Voyce Pullin Markets Ltd to a Buyer or prospective
Buyer may be given by first class post, airmail, facsimile
or hand-delivery either to such person directly, or at the
last address known to Voyce Pullin Markets Ltd, or any representative
or agent acting on his behalf at his last address known to
Voyce Pullin Markets Ltd and if so given shall be deemed to
have been duly received by the addressee 48 hours after posting
or 24 hours after sending by facsimile or hand-delivery.
(b)
The Conditions of Business and any amendments hereto shall
be governed by and construed in accordance with English law.
All transactions to which the Conditions of Business apply
and all matters connected therewith shall also be governed
by English law.
19.
Miscellaneous
(a)
The headings in the Conditions of Business do not form part
of the Conditions of Business, but are for convenience only.
(b)
In the event that any provisions of the Conditions of Business
should be held unenforceable for any reason, the remaining
portions hereof shall remain in full force and effect.
(c)
No act, failure to act or partial act by Voyce Pullin Markets
Ltd shall be deemed a waiver of any of its rights hereunder.
(d)
The singular includes the plural and vice versa where the
context permits.
(e)
The Conditions of Business shall not be assignable by the
Buyer without the prior written agreement of Voyce Pullin
Markets Ltd.
(f)
Where terms have special meanings ascribed to them, a glossary
may appear before Lot 1 in the Catalogue of the auction.
(g)
Any waiver by Voyce Pullin Markets Ltd of a breach of any
provision of the Conditions of Business shall not be considered
as a waiver of any subsequent breach of the same or any other
provision.
(h)
Voyce Pullin Markets Ltd do not accept liability for the placing
of bids on the site , or for the failure in any way or manner
of the auction system which may lead to a purchaser failing
to secure their lots. They will not be held responsible for
any failure of the internet or related hardware ad software.
Voyce Pullin Markets Ltd reserve the right to cancel a sale,
and re-offer any lots, extend the sale or change the method
of sale ; in particular if Voyce Pullin Markets Ltd suspect
tampering with the on-line system in any way whatsoever.
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