Terms and Conditions of Sale
OUR TERMS AND CONDITIONS OF SALE
Definitions: Cooper Barrington LLP, who act only as auctioneers and agents for the vendor are called "The Auctioneers". The representative of Cooper Barrington LLP conducting the auction is called "The Auctioneer". "Hammer Price" means the level of bidding reached at or in excess of any reserve when the Auctioneer brings down the hammer. The auctioneers reserve the right to refuse admission to any saleroom used by the auctioneers without giving a reason.
Auction Lots: The auctioneer has absolute discretion to divide any lot, to combine two or more lots, to withdraw any lot, to refuse bids, to regulate the bidding or cancel the sale without giving a reason and without notice. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the general and any special conditions of sale. All catalogue images are the property of Cooper Barrington LLP, if our images are seen to be used for profit or gain on any other online auction sites they will be reported. Vendors entering items into Cooper Barrington LLP's General Sales acknowledge that reserves, online bidding & photographs will be at the sole discretion of Cooper Barrington LLP.
Catalogue/Viewing: The Auctioneers act as agents for the vendor, and as such are not responsible for any default by the vendor or the buyer. Whilst the auctioneers make every effort to ensure the accuracy of their catalogue and the descriptions therein, each lot is sold by the vendor with any faults which may not of been noticed when cataloguing, it is up to the bidder to satisfy himself/herself fully before bidding by inspection or for requesting a condition report prior to the sale.
Health and Safety: Every person attending the auction premises at any time shall be deemed to be there at his or her own risk and shall have no claim against the auctioneers in respect of any accident which may occur, or any injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by any employee of the auctioneers. Vendors of all goods must comply with all Health and Safety Acts and purchasers should check second hand goods purchased through an auction thoroughly by a competent person before use.
Valuations: For referencing and appraisal of lots there is a small fee from £5 per lot but this service is free if the items are subsequently offered for sale in our auctions, any lots withdrawn after they have been catalogued and placed on our website will have a withdrawal fee of the lower estimate on the said item, this will be payable on the removal of the said item(s). Goods accepted for Free collection which are subsequently withdrawn without prior agreement may result in a charge being made for the collection of the remaining goods. Any Lots withdrawn after the publication of the catalogue will be charged Commission based on the lower estimate price. . If a visit and a verbal valuation is carried out by one of our valuers to a clients property a charge of £40 per hour + VAT will be payable if the items are not placed into one of our future sales
Storage: All purchases shall be paid for and removed at the buyer's expense immediately at the end of the sale, failing of which the auctioneers shall not be responsible if the items are lost, stolen, damaged or destroyed, any lots not removed in good time will be subject to a minimum warehousing charge of £2.50 per lot per day. If any lot is not paid for and removed within seven days after the sale, the auctioneers may resell the lot by auction or privately without notice to the buyer. Any liability which there may be on the part of the auctioneers in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
Any item belonging to a vendor that the auctioneers are unable to sell will be charged £2.50 per lot per day. If the vendor does not reply to a written request for removal within 7 days of the date of letter the warehousing charge will begin. Cooper Barrington LLP is not responsible for delivering the items back free of charge, if return delivery is required a variable charge will be made depending on the location and distance.
Vendors: At all times prior to the fall of the hammer lots and chattels remain the responsibility of the vendor, and thereafter the responsibility of the buyer, and the auctioneers will only be liable for negligence or error in the performance of their obligations. The insurance of lots and chattels is always the responsibility of the owner. The vendor authorises the auctioneers to deduct commission and expenses at the agreed rates from the hammer price, and the purchaser and the vendor acknowledge the auctioneers right to retain the premium payable by the purchaser.
Pay-out: We pay-out on sales 21 days after the auction, you are invited to fill out the Bank Details section on the Auction Entry Sheet, failing to fill in the Bank Details will incur £2.50 for issue of a Cheque.
Buyers/Payment: Buyers should satisfy themselves prior to the auction as to the condition of each lot, and any statement by the auctioneers as to the lot is a statement of opinion only and every person should rely on his/her own judgment as to all matters affecting the lot. Each lot is offered for sale subject to any reserve price placed by the vendor, in which case the auctioneer may bid on behalf of the vendor for all goods which are being offered for sale subject to reserve or at the auctioneer's discretion.
The purchaser of any lot shall pay the hammer price plus a premium of 21%+Vat of the hammer price of each lot. No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. In the event of any failure of the buyer to comply with any of the above conditions, the damages recoverable by the vendor or the auctioneers from the defaulter shall include any loss arising on any resale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 8% upon the price of any lot which has not been paid for within 48 hours after the sale, and any money deposited in part payment shall be held by the auctioneers on account of any liability of the defaulter to the auctioneers or the vendor. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in full knowledge of, and agreement with these and any other printed, announced conditions of sale and other conditions of sale as are on display in the sale room and in agreement with such Legal title of each lot will not pass to the buyer until the lot has been paid for in full, the auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined above) has been paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer. The highest bidder shall be the buyer except in the case of any dispute. If during the course of 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 any bid.
Payment Types: The auctioneers can accept payment from successful bidders in cash, debit cards or by the bidder's own cheque with an appropriate cheque guarantee card, Cheques drawn by third parties cannot be accepted. Overseas Bidders paying by Bank Transfer should check with their bank for any fee's incurred due to currency conversions, it is your responsibility to ensure the correct funds are sent to us and no goods are sent unless the full balance owed is settled.
Absentee Bidding: The auctioneers will execute bids on behalf of intending buyers unable to attend the sale at no charge. The auctioneers undertake to purchase lots as cheaply as is allowed by other bids and reserves. Bids must be submitted in writing at least 24 hours before the sale commences and should be entered on the Absentee Bidding Form provided. Whilst every care is taken in carrying out instructions, the auctioneers cannot be held responsible for errors or omissions made in carrying out such bids.
Online Bidding: Cooper Barrington LLP offer a FREE online Live bidding service for bidders who cannot attend the sale. Please note that any lots purchased via Invaluable live auction service will be subject to an additional 5% live fee + VAT at the rate imposed on the hammer price. Bidding on Cooper Barrington LLPs own online bidding platform is FREE from any live surcharges.
Shipping: All client purchases online, via telephone, in the room or via absentee bid(s) that are subsequently shipped at the clients request and become lost by the shipper or courier company after leaving the premises of Cooper Barrington LLP will be the sole responsibility of the client/purchaser.
Cooper Barrington LLP will endeavour to recover any losses from the Shipper or Courier Company for the client. Any expenses incurred (i.e. Court costs, solicitor's fees & Cooper Barrington LLP employee time) to recover the said losses will be claimed from any money recovered. If not covered by Insurance or Court award.
Refunds: Refunds will not be given for any lot unless a written condition report was obtained from the auctioneers by the buyer prior to the sale. Any claim under any statute must be received in writing by the auctioneers within seven days after the sale, The buyer has 14 days to return the item, where a full refund will be given providing the item is in the same condition (i:e not dismantled, cleaned, altered or repaired / damaged in anyway) the item should be returned exactly as it was when it had left us.
Non-Payment: Any goods (Auction Lots) purchased online, via telephone, in the room or via absentee bid at Cooper Barrington LLP's Auctions and are not paid for in full within 14 days after the said sale all rights to the said auction lots will either be offered to the under bidder or revert back to the original vendor and will be re-entered into the next available sale, Any losses from Buyer & Vendor Commission suffered by Cooper Barrington LLP will be charged to the purchaser at the rate of commission pertaining to that sale. Also, Cooper Barrington LLP has the right to recover these costs through legal proceedings or debt collection agencies, you will be subsequently be banned from bidding at our auction or online.
If any bill is left unpaid after 21 days the matter maybe passed to a third-party debt collection agency to collect the total invoice amount in full, agency fees and Cooper Barrington LLP's Fees.
