Buyers’ Terms & Conditions
Toovey’s Buyers’ Terms & Conditions
Rupert Toovey & Co Ltd, T/A Toovey’s
Terms of Sale by Auction and Conditions of Business,
Mainly concerning bidders and buyers.
Mainly concerning bidders and buyers.
- A Buyer’s Premium of 24.5% plus VAT (29.4% including VAT) on the hammer price is payable on all purchased lots. (The VAT rate may alter and will be levied at the appropriate rate.) Any lots marked with an asterisk (*) will, in addition, be subject to VAT at the appropriate rate on the hammer price.
- Payment for all purchased lots must be made by the Wednesday following the sale. After this period, the Auctioneers reserve the right to cancel any sale at their sole discretion or to re-offer lots for which payment has not been received in a future sale without reserve. In this latter event, the original bidder will be held liable for any shortfall between the selling price at re-offer, plus expenses, and the total amount due on their unpaid account.
- Methods of payment accepted and conditions attached thereto are detailed in ’IMPORTANT NOTICE TO BIDDERS AND BUYERS’ below.
- No lots may be cleared whilst the auction is in progress. Payments, however, may be made to the cashiers in the Accounts Department whilst the auction is in progress.
- Lots purchased and paid for may be claimed and cleared at the conclusion of the sale. Lots will be released only on production of a release slip receipted by the Accounts Department. Ownership of a purchased lot shall not pass to a buyer until full payment of the ’total amount due’ has been made to the Auctioneers.
- Free storage of all purchased lots will be provided for three working days following the sale; thereafter a storage and handling charge of £5.00 plus VAT per lot per day will be levied upon the buyer, as will all carriage charges incurred by the Auctioneers in having goods removed to storage.
- In reference to Condition 6, all purchased lots uncollected within three working days of the sale will be transferred to the storage facilities of Messrs G.A. Lomer & Son Ltd, 17 King Stone Avenue, Steyning, West Sussex BN44 3FJ and will be subject to the charges outlined in Condition 6. No lots will be released until carriage and storage charges have been paid in full.
- Bidding -
- Bidders. By participating in this sale, the bidder agrees to be bound by Rupert Toovey & Co. Ltd.’s Conditions of Business. Any buyer acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all arising obligations and liabilities, with the exception of the Auctioneers where they are acting on behalf of commission or other bidders.
- Paddles. All intending bidders are required to register for a paddle bidding number with the Accounts Department prior to the auction. Bidders new to the salerooms will be required to complete a paddle registration form available at the Accounts Office and will be required to present proof of identity, proof of address and details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. The Auctioneer will not accept bids from a bidder in the room who has not registered for a paddle number. When a buyer is successful, the buyer will hold the paddle aloft and the Auctioneer will record the paddle number as the buyer of the lot.
- Commission Bids. Any person unable to attend the auction may request the Auctioneer to bid on their behalf. This service is free of charge. Bidding forms will be available so that clients may complete these fully. These should be handed in at the Accounts Office. All commission bidders will be required to supply proof of identity, proof of address and/or details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. Commission bidders are urged to ascertain whether or not they have been successful on the day of the sale or on the Monday following the sale. Lots will be purchased by the Auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. ’Buy’ bids will not be accepted by the Auctioneers. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute commission bids, or where a bidding slip has been completed incorrectly. We urge commission bidders, therefore, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.
- Telephone Bids. Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auctioneers, is dependent on the availability of telephone lines, and is only available on lots carrying a lower estimate of at least £300 (e.g. catalogue estimate £300-500). All telephone bidders will be required to supply proof of identity, proof of address and/or details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.
- Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Rupert Toovey & Co. Ltd. are not liable for any errors or omissions contained therein.
- In the case of a dispute, the Auctioneers reserve the right to re-offer any lot.
- The bidding increments will be at the sole discretion of the Auctioneer.
- Responsibility for risk, loss or damage to any lot falls to the bidder upon the fall of the hammer or, if the lot is purchased privately, to the purchaser on the day when the contract is made. The Auctioneers are not liable for any loss or damage occurring to a lot during clearing. Buyers may accept assistance from Rupert Toovey & Co. Ltd. staff members during clearing, but any loss or damage occurring to lots will be at the buyers’ risk.
- Liability of Auctioneers and Sellers –
- Goods sold are not new and all goods are sold with all faults and imperfections and errors of description. Illustrations in the catalogue and any other illustrations provided are for identification only; colours and appearance may differ to the actual item(s) due to the limitations of the printing process.
- Bidders should prior to the sale satisfy themselves as to the condition of each lot and whether or not in their own judgment the lot accords with the description.
- Neither the Auctioneers nor the seller, nor their servants and agents, are responsible for errors of description or for the authenticity of any lot.
- Neither the Auctioneers nor the seller, nor their servants and agents, give any warranty whatsoever other than hereinafter contained to any buyer in respect of any lot; any express or implied conditions or warranties are hereby excluded.
- Rupert Toovey & Co. Ltd. reserves the right to reproduce illustrations and to publish sale results.
- Electrical Goods. Goods offered for sale which were once operated by electricity may not comply with statutory requirements and are offered for sale for display and historical research purposes only; these goods are not suitable for connection to the mains electricity supply. It is imperative that anyone wishing to use these goods for their original purpose have them checked by a qualified electrician prior to such use.
- Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:
- sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or lower estimate, whichever be the higher; or
- hold that specific individual liable for the cost of restoration where appropriate; or
- hold that specific individual liable for the full amount of the reserve price or lower estimate, whichever be the higher. N.B. Except where full payment has been made under Condition 12(iii), title to the lot will remain solely with the seller.
- Rupert Toovey & Co. Ltd. draw your attention to ’TERMS OF SALE BY AUCTION AND CONDITIONS OF BUSINESS, MAINLY CONCERNING SELLERS’, ’GENERAL CONDITIONS AND DEFINITIONS APPLICABLE TO BIDDERS, BUYERS AND SELLERS’ (see below) and ’IMPORTANT NOTICE TO BIDDERS AND BUYERS’ (see below).
- Lots entered into this sale are subject to Reserve Prices.
- Certain property sold at auction may be subject to laws governing export from the country where it was purchased and import into another country. It is the buyer’s responsibility to be aware of these restrictions and obtain any relevant licenses.
- Rupert Toovey & Co. Ltd. reserve the right to amend any or all of their Terms and Conditions of Business at any time. Further details on request. N.B. References to ’The Auctioneer’ and ’The Auctioneers’ include Rupert Toovey & Co. Ltd., its directors, employees, consultants, servants and agents.
GENERAL CONDITIONS AND DEFINITIONS
APPLICABLE TO BIDDERS, BUYERS AND SELLERS
APPLICABLE TO BIDDERS, BUYERS AND SELLERS
- Your attention is drawn to our Sellers’ Terms and Conditions.
- The Auctioneer sells as agent for the seller and as such is not responsible for any default by seller or buyer.
- Any representation or statement by the Auctioneers in any catalogue as to ownership, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only and the Auctioneers, their servants or agents hereby disclaim responsibility for the correctness of such opinions.
- In these conditions:
- ’Hammer Price’ means the price at which a lot is knocked down by the Auctioneer to the buyer.
- ’Balance Due’ means the hammer price in respect of the lot sold together with any premium, value added tax chargeable and additional charges and expenses, e.g. storage charges and insurance, in pounds sterling.
- ’Sale Proceeds’ means the net amount due to the seller being the hammer price of the lot sold less commission at the stated rate and expenses and any other amounts due to the Auctioneers from the seller.
- 4. The Auctioneer has the right at his absolute discretion without giving any reason to refuse any bid, to advance the bidding as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of a dispute, to put up any lot for auction again.
- 5. Rupert Toovey & Co. Ltd. at its absolute discretion has the right to refuse admission to its premises or attendance at its auctions by any person. N.B. References to ’The Auctioneer’ and ’The Auctioneers’ include Rupert Toovey & Co. Ltd., its directors, employees, consultants, servants and agents.
IMPORTANT NOTICE TO BIDDERS AND BUYERS
- Terms. Your attention is drawn to the Terms of Sale by Auction and Conditions of Business.
- Buyer’s Premium. A Buyer’s Premium at the rate of 24.5% plus VAT (29.4% inclusive of VAT @ 20%) will be charged on the hammer price of each lot purchased. Some items, such as books and unframed maps, however, are zero-rated for VAT and, therefore, no VAT will be payable by buyers on the Buyer’s Premium for lots consisting solely of books or unframed maps.
- Bidding. New bidders may have to provide proof of identification and address and valid debit or credit card details as security. Live online bidding is available via www.the-saleroom.com, which attracts an additional charge of 5% plus VAT (6% inclusive of VAT @ 20%) on the hammer price of each lot purchased.
- Condition. While indications of condition are given in some lot descriptions, an absence of such advice does not imply that a lot is free from defect, restoration or alteration. Prospective bidders must satisfy themselves as to the condition of a lot prior to bidding. Our staff can provide condition reports for those unable to attend our rooms.
- Measurements. All measurements and weights provided in lot descriptions should be considered approximate.
- Catalogue Amendments. It is important for prospective bidders to check the latest version of the catalogue prior to the sale for any changes which may affect lots on which they intend to bid.
- Payment. Payment is accepted in GB Pounds only by cash, card, bank transfer or cheque. Buyers will be held liable for any expenses arising from their method of payment. Goods paid for by cheque will not be released until the cheque has cleared; cheque clearance takes eight bank processing days from the day of paying-in.
Payment by card. We accept debit and credit cards bearing the ’VISA’, ’V PAY’, ’MasterCard’, ’Maestro’, ’Discover’, ’Diners Club International’ and ’American Express’ symbols.Card-not-present transactions. The maximum debit or credit card payment accepted over the phone is £2,500. Multiple card-not-present payments to cover an invoice total in excess of £2,500 are not accepted. Card-not-present transactions are subject to our compliance requirements and are only accepted from buyers whose cards are registered to a UK address which receives a full AVS match (Address Verification System). It is not possible to make card-not-present payments by V PAY card.Our bank details for transfers. Bank: Lloyds Bank plc. Branch Name: South Street Worthing. Branch Address: 41 South Street, Worthing, West Sussex BN11 3AU. Branch Sort Code: 30-99-93. Account Number: 00219960. Account Name: Rupert Toovey & Co Ltd Clients Auction. BIC: LOYDGB21132. IBAN: GB75 LOYD 3099 9300 2199 60. Please ensure you pay all bank charges, so that the correct amount reaches our account.
Collection. It is the buyer’s responsibility to collect all purchases or arrange for their collection by a third-party carrier by 5pm on the Wednesday following the sale at the latest. (See Terms of Sale by Auction 4-7)Carriage. We do not provide a carriage service for any purchased lots. We can, however, provide contact details for third-party carriers who may be able to assist.Postage & packing. We do not provide either a packing service or a posting service for any purchased lots. Buyers requiring these services may choose to contact the specialist collection and delivery firms ATD Shipping (Tel: 01903 742233, E-mail: firstname.lastname@example.org), Mail Boxes Etc (Tel: 01483 453131, E-mail: email@example.com) or Jentel Packing (Tel: 01268 776777, E-mail: enquiries @jentelpacking.co.uk).No lots will be released to a third-party carrier without first being paid for in full.