PURCHASERS CONDITIONS OF SALE
Items sold at the auction are generally of some age. Accordingly, lots are sold on an ‘as seen’ basis, subjects to all faults, imperfections and errors of description.
Illustrations and photographs contained in the catalogue or elsewhere of any lots are for identification purposes only. They may not show the true condition of the lot. A photograph or illustration may not reflect an accurate reproduction of the colour/s of the lot shown.
You are strongly advised to examine any lot you are interested in prior to the Sale, it is your responsibility to satisfy yourself as to each and every aspect of the lot.
Lots which were originally operated by mains electricity may not comply with the current statutory requirements and as such are offered for sale solely for display or historical purposes. You should not assume they are suitable for connection to the mains electricity supply and should ensure that such items are checked by a qualified electrician before use.
Any person who damages a lot will be held liable for any loss caused.
Neither we nor the seller are liable for any error or misstatement in or omission from the description of a lot. Any statement made by or on behalf of us is an expression of opinion and should not be relied upon by a bidder or buyer. Our liability to you is limited in the manner set out in the Conditions of Sale.
In most cases, the estimated selling price of each lot is printed beside the lot description. The estimate does not include the buyer’s premium or VAT, if applicable. Estimates are prepared well in advance of the Sale, are not definitive and are subject to change.
On request we are happy to provide a report on the physical condition of most lots. Although this will be at the bidder’s request, it forms part of the service we provide to the seller of the lots. In providing a condition report, we are not entering into a contract with you and, assume no responsibility to you in aspect of the report. As stated above neither Toogood and May nor the seller are liable for any error or misstatement in or the omission from the description of a lot contained in a condition report. Any statements contained in the report are expressions of our opinion and not statements of fact. Such statements do not imply any basis of fact upon which the opinion may be founded. Notwithstanding our report, we always strongly urge you to inspect the lot yourself and to consult an independent professional restorer, conservator or engineer to satisfy yourself as to the condition of the lot. In the event of a successful bid in relation to the lot, you will have purchased the lot with no reliance on the condition report.
Condition report requests must be received 24 hours prior to sale.
We have the right at our sole discretion without assigning any reason so to refuse admission to our premises or attendance at the sale in person.
USE OF VIDEO EQUIPMENT/RECORDING OF TELEPHONE CALLS
We may use video camera to record the Sale and may record telephone calls for reasons for security and to assist in solving any disputes which may arise in relation to bids made at the Sale.
You may bid at a Sale in person, by telephone as the bidding is taking place, by placing an absentee bid by post, fax, email or by your own appointed agent. The service we offer allows you to make absentee and telephone bids, this additional service is complimentary and is confidential. Such bids are made at your own risk and we cannot accept liability for our failure to receive and/or place any such bids. All bids made on your behalf will be made at the lowest level possible subject to reserves and other bids made for the lot. Where appropriate your bids will be rounded down to the nearest amount consistent with the Auctioneer’s bidding increments. Please see below for specific conditions relating to the placing of such bids.
All persons wishing to bid must be registered with us at each Sale before doing so. We will need to see proof of identity and residence in order to register you as a bidder. Please bring your passport, driving licence or similar proof of identity and a credit or debit card. If you are unable to provide satisfactory proof of identity and residence, we may request a deposit before allowing you to bid.
Please register at the Auctioneer’s office in order to fill out a bidder registration form on the day of the Sale.
The bidding number system is sometimes referred to as ‘paddle bidding’. You will be issued with a paddle (large card) with a number printed on it. This is attributed to you for the purposes of the Sale. Should you be a successful bidder you will need to ensure that your number can be clearly seen by the Auctioneer and that it is your number that is identified as the buyer’s. You should not let anyone else use your paddle, all lots will be invoiced to the name and address given on your paddle registration form. Once issued, an invoice will not be changed.
If there is any doubt as to the hammer price of or whether you are the successful bidder of a particular lot, you must draw this to the attention of the Auctioneer before the next lot is offered for sale. At the end of the Sale, or when you have finished bidding please return your paddle to the bidder registration office.
If you wish to bid at the Sale by telephone please complete a telephone bidding form available from our office. Please return the form to the office at least 24 hours before the Sale. It is your responsibility to check with the Auctioneer’s office that your bid has been received. Telephone calls may be recorded. Telephone bidding is a discretionary service and may not be available in relation to all lots. Please contact Toogood and May for further information.
Absentee bidding forms can be collected from the Toogood and May office and should be completed and sent back to the office. It is in your interest to return your form as soon as possible, if two or more bidders submit identical bids for a lot, the first bid received takes preference. In any event, all bids should be received at least 24 hours before the Sale. Please check your form before returning it to us, fully completed and signed. It is your responsibility to check with the office that your bid has been received.
A premium is payable by you to us if you successfully bid for a lot. It is calculated by reference to the hammer price of the lot and is charged in addition to the hammer price. VAT is payable on the premium.
The following rate of premium will be payable by buyers of the lots:
18% of the hammer price.
The following symbols are used to denote that VAT is due on the hammer price and the buyer’s premium.
† VAT at the prevailing rate on the hammer price and buyers premium.
Ω VAT on imported items at the prevailing rate on hammer price and buyer’s premium.
* VAT on imported items at a preferential rate of 5% on hammer price and the prevailing rate on buyer’s premium.
● Zero rated for VAT, no VAT will be charged on the hammer price or the buyer’s premium.
In all other instances no VAT will be charged on the hammer price, but VAT at the prevailing rate will be added to the buyer’s premium which will be invoiced on a VAT inclusive basis.
The prevailing rate of VAT is 20% (at time of going to press) this is subject to Governmental change, the rate payable will be the rate in force on the date of the sale.
METHODS OF PAYMENT
Purchases can only be released when full payment (inclusive of all charges) of all invoices issued to the buyer is received in clear funds. Before bidding, ensure you have the necessary funds available and be able to pay according to one of the methods below. Purchases must be paid for within 7 days and collected within 14 days or a £5 surcharge will be applied unless prior arrangements have been agreed to with us.
We accept the following methods of payment:
● Cash: you may pay for lots purchased by you at the Sale with notes, coins or travellers cheques in pounds sterling and euros (not any other currency) provided that the total amount payable by you in respect of all lots purchased by you at the Sale does not exceed £5,000.
● Bank transfer: you may electronically transfer funds to our Bank account. Please quote your paddle and invoice numbers as the reference. Our client account details are:
If paying by bank transfer, the amount received after either the deduction of bank fees or for the conversion to pounds sterling must not be less than the amount payable on the invoice.
● Debit cards: there is no additional charge for purchases made with debit cards. Those issued by an overseas bank, deferred debit cards and all credit cards will be subject to a 3% surcharge.
● Credit cards: Visa and MasterCard, a 3% surcharge on the total invoice will be charged when paying by credit card.
It may be advisable to notify your card provider of intended purchases in advance to reduce delays caused by Toogood and May having to seek authority when you come to pay.
COLLECTION AND STORAGE
Purchasers must make their own arrangements for removal of their purchases on the sale day within one hour of the end of the Sale or during the following five days (Monday to Friday) 9am to 5pm. We do not stay open until 5pm on Saturdays, please check with the office for closing times. Lots not collected within the following 5 days will be subject to a £5.00 lot storage fee unless prior agreement with the saleroom.
Please enquire at the Auctioneer’s office.
As a result of the services provided by us, we obtain personal data about you which expression for the purposes of this paragraph only includes your employees and officers.
For the purpose of the Data Protection Act 1998 (‘the Act’) the data controller is: Peter Toogood.
The data that we collect from you may be transferred to and stored at a destination outside the European Economic Area. By submitting your personal details you agree to this transfer.
We may use your personal data to notify you about changes to our service and to provide you with information about products or services that you request from us or which we feel may be of interest to you. Information about you may be analysed to identify your potential preference for these purposes.
We may disclose your personal information to any member of our group which means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the UK Companies Act 1985.
We will not disclose your data to any third party outside our group for the purposes of direct marketing, however we may from time to time provide you with information about goods and services provided by third parties which we feel may be of interest to you.
We will keep details on file for a period of 6 years from the date of your last contract with us in order to simplify and future registration.
By submitting personal data, you agree to our use of it for the purposes set out above.