CONDITIONS OF SALE

1 (a) The lot shall be removed by the buyer at his own expense in such order and manner as Parkins or their Servants or agents shall direct, such removal to be no later than 5pm on the day following the auction unless any later removal shall be expressly permitted by Parkins.

(b) Storage will be charged for any Lot left after the time for removal as specified above.  Any Lot not removed within 5 days of the date of the auction whereat such Lot was purchased may be resold without notice to the Buyer whether payment has been made by the Buyer or not.  Further the Buyer will be liable for any loss incurred on the re-sale together with Parkins' expenses, cost of storage and all other loss arising form the delay in removal.
 

2 (a) Parkins reserve the right to cancel the auction, or any part thereof, or the individual sale of any Lot in the auction at their sole discretion.

(b) Parkins have the right at their sole discretion to withdraw or divide any Lot or part thereof, to combine any two or more Lots or part thereof or to alter the order in which any Lot or Lots or part thereof shall be sold.
 

3 (a) The highest bidder for any lot shall be the Buyer subject to the reserve price (if any) being reached and/or Parkins' right to buy in any Lot on behalf of the Seller.  If the reserve price (if any) has not been reached but the auctioneer makes an error in accepting the bid of the buyer, the auctioneer may at his sole discretion declare the sale void and put the Lot up again for sale or otherwise deal with the Lot as he thinks fit.

(b) Parkins have the right to refuse to accept the bid or bidding of any person of persons without giving any reason thereof.

(c) Parkins have the right of regulating the bidding at their sole discretion and if during the auction they consider that any dispute, question or matter has arisen concerning any Lot they may at their sole discretion put the lot up again for sale, or otherwise resolve the dispute, question or matter as they in their sole discretion shall think fit.

(d) The bidding shall be by bids of £1 commencing at £3 until £10 is reached and thereafter as Parkins may direct at their sole discretion.
 

4 (a) Parkins do not accept any responsibility for, nor are they in anyway whatsoever associated with, the purchase of Lots by Auction room Porters on behalf of the Buyer or any commission or like arrangements made in connection therewith.

(b) All bids left with Parkins are accepted without any responsibility whatsoever therefore and Parkins shall not be under any liability whatsoever in repeal of any failure whether negligent or otherwise on the part of Parkins its servants or agents to cause any such bid to be made.
 

5 The Seller shall have the right to place a reserve price on any Lot and the Seller or Parkins or any other person whom the Seller may direct shall have the right to bid on behalf of the Seller for any Lot on which a reserve has been placed.
 

6 (a) Parkins reserve the right to require payment for any Lot to be made in cash on the fall of the hammer.

(b) Payment for any sale may be by cheque where this does not exceed the amount guaranteed by the cheque guarantee card.

(c) Otherwise payment must be by cash or Bankers Draft.

(d) Parkins may in their sole discretion (a) permit payment to be made for any Lot Or Lots by cheque provided that the Buyer may not collect the goods until his cheque has been cleared or (b) permit payment to be made by cash or banker's draft upon delivery.

(e) In the event of payment not being made by such of the foregoing methods of payment as is appropriate the sale shall be null and void and the Lot or Lots purchased may immediately be put up again for resale and resold or otherwise dealt with as Parkins in their sole discretion think fit.

(I) All payments by a Buyer to Parkins may be appropriated by Parkins towards any sums owing to Parkins on any account whatever without regard to any purporting appropriation by the buyer whether express or implied.

(b) Where the Seller is registered and liable la pay VAT, the Buyer is liable to pay the full amount of any such VAT on any Lot or Lots sold to him.

(c) The buyer shall hand in his name and places of business or residence and VAT registration number (if applicable) on the slip provided in default of which the Lot or Lots so purchased may at the sole discretion of Parkins be immediately put up again for resale and resold.

8 Property in any Lot shall not pass to the Buyer until he has paid the full purchase price therefore in accordance with the provisions of Clause 5 hereof but the lot shall be at the Buyer's sole risk in all respects from the fall of the hammer.

9 (a) No Lot can be removed on any account while the Auction is in progress.

(b) Where the Buyer has purchased more than one Lot in the Auction he may not remove any Lot purchased by him until he has paid for all Lots purchased by him in the Auction in accordance with the provisions of Clause 5 hereof.

10 (a) The buyer shall be liable for any damage done by him or his agent to any Property or to the premises of Parkins or any part thereof or to any person or persons in or about the premises when the Buyer or his agent is within the premises for the purpose of removing a Lot or Lots therefrom.

(b) In the event of any damage being done as aforesaid-, Parkins shall be entitled to a lien on any Lot or Lots bought by the Buyer until such time as the Buyer makes good such damage or pays compensation in respect thereof to the satisfaction of Parkins.

11 (a) All statements contained on the catalogue, brochure, press advertisements or other printed matter touching or concerning any Lot or Lots are statements of opinion only, and are not to be taken as, or as Implying, statements or representations of fact.

b) the Seller does not make or give nor do Parkins nor any person in their employ nor does any other person working in or about the Auction Rooms or Warehouse have any authority to make or give any representation or warranty of any kind whatsoever in respect of any Lot in the Auction or any goods or properly to be included in any subsequent Auction.

(c) All Lots are sold as shown with all faults, imperfections and errors of description.  Neither Parkins nor the Seller are responsible for any errors of description or for the genuineness of authenticity of any Lot or for any fault or defect on any Lot howsoever arising or howsoever caused.  No warranty whatsoever is given by Parkins or the Seller to any purchaser in respect of any Lot and any implied conditions or warranties (except, in the case of the Seller, those implied under section 12 of the Sale of Goods Act 1893, as amended by the Supply of Goods (Implied Terms) Act 1973) are hereby excluded.

(d) All statements either oral or in writing by the Sellers, Parkins or any person on behalf of either which state that any goods, and in particular, but without prejudice to the generality of the foregoing, that any electrical, mechanical or other technical or scientific goods are in good working order, are made in good faith but are not and are not to be taken as representations of fact made prior to any sale of those goods or conditions or warranties of any sale of those goods, and purchases of these goods shall be at the Buyer's sole risk.

(e) All carpets and rugs in the Auction will be available for inspection on View Day.  Any carpet or rug will be opened by the Porter for inspection at the request of any person.  All carpets and rugs are sold as viewed and no complaint can be entertained after the Lot has been sold.  Parkins do not undertake any responsibility for any error of description or size, quality or condition at any carpet or rug and it shall be a condition of the sale of any carpet or rug that it is the sole responsibility of the purchaser to satisfy himself as to the description, size, quality and condition of the same.

(f) Chairs displayed on the wall of the Saleroom will be taken down for viewing at the request of the prospective purchaser.
 

12 (a) Parkins shall not be liable for any loss, damage or personal injury whether arising before, during, or after the Auction which is or may be attributable to any defect in any Lot.

(b) The buyer or any other person enters the Auction Rooms or adjoining premises entirely at his own risk and Parkins exclude all liability for loss or damage to any property, goods or effects, and for any personal injury no matter how or when arising which occurs in, on or around the said Auction Rooms or adjoining premises whether occurring by reason at the negligence of Parkins, their servants or agents, or otherwise.

(c)  Parkins reserve the right to refuse the entry of any person or persons to the Auction Rooms or adjoining premises belonging to Parking.
 

13 If any of the items or items comprised in any Lot to be sold in error under another Lot number or numbers whether by the transportation of Lot number or Lot tickets or by any error whatsoever, such sale shall be void.
 

14 (a) Should the Buyer fail to complete the purchase at any Lot or Lots in accordance with these conditions of sale the Buyer's deposit (if any) shall immediately be forfeit to Parkins and the goods in the Lot or Lots may be re-sold or otherwise dealt with by Parkins as Parkins in their sole discretion think fit.

(b) Should any loss to the Seller or to Parkins arise directly or indirectly as a result of the Buyers breach of any of these conditions of sale, the Buyer shall pay to whoever of the Seller or Parkins suffer the loss such compensation therefore as will indemnify the Seller or Parkins against such loss.

(c) Should Parkins or the Seller re-sell any Lot or Lots by reason of the Buyer's breach of any of these conditions of sale any loss on such re-sale shall be paid by the Buyer to the Seller but the amount of any increase in any re-sale price shall belong to the Seller.
 

15. Every sale and all matters connected therewith including these conditions shall be governed by and construed in accordance with the law of England the Buyer hereby submits to the non-exclusive jurisdiction of the English courts.
 

16. By the making of any bid the Buyer acknowledges his acceptance of these conditions and the terms of any Notice or other conditions (if any) in the catalogue.