Terms & Conditions
Haddon & James Auctioneers
Terms And Conditions Of Business
1. The Auctioneers will not warrant or guarantee any item, lot or part lot in anyway whatsoever. Purchasers are invited to fully inspect items as all items are sold “as is” whether complete or incomplete working or otherwise. Any exception to this will be stated by the auctioneer at the time of sale. Any statements made by any other persons shall be considered void. Items marked AF (meaning as found) are likely to have faults, having been brought to the attention of the auctioneers. The auctioneers will not mark all faulty or damaged items in this way, just the ones brought to their attention. All goods are deemed second hand. Any images used are for reference only. Images may not depict the actual lot or lots being offered and stock images may be used. Purchasers are advised to fully inspect all lots prior to bidding to satisfy themselves as to the condition, completeness and suitability of lots. There are no rights of recourse should an incorrect image be used.
2. The Auctioneer’s Condition of sale are on display in the auction rooms. Vendors are considered to have had notice of these and to have agreed acceptance of the same when requesting the entry of goods or purchasing from the saleroom.
3. All buyers must register with the auctioneers before bidding and the auctioneers reserve the right to REFUSE a sale to a prospective purchaser who has not registered before bidding. A deposit of £200 will be required on the issue of a bidding card. Internet bidders will be required to pay a deposit of £200 upon registering which will be charged to their card (205.00 for credit cards). Further deposits will be required as bids are taken up to 50% of the total outstanding amount of bids. For online bidding, the Auction registration will require a £50 deposit and further deposits may be taken as required up to 50% of the total expected invoice.
4. No person shall advance on any bid less than the sum named from time to time by the auctioneers. The BIDDING to be regulated by the auctioneer, who reserves to himself the right of refusing the bidding of any person, and to bid for himself or any other client. If a dispute arises as to any bidding then at the discretion of the Auctioneers either: The lot which the disputed bid relates shall immediately be put up again, OR The Auctioneers shall determine the dispute and their decision shall be final and binding on all parties. The person making the highest accepted bid shall be the purchaser.
5. All lots are sold in accordance with the “Auctions and Bidding agreements Act” which places responsibility upon the purchaser and all risks to the purchaser. All sales are regarded as “Wholesale” Not “Retail” and so are not afforded protection under the “Consumer Protection Act” and other laws. All items are subject to availability and due to the nature of the business occasionally some lots may not be available.
6. All statements as to the authenticity of lots shall be statements of opinion. Brand names etc should not be regarded as genuine unless stated by the auctioneer at the time of sale as being so.
7. All goods shall be at the risk of the vendor or, after sale, purchaser whilst on the premises or in the care of the Auctioneers. Vendors and purchasers are advised to obtain insurance to indemnify them in the event of their losses, Unless notified to the contary the auctioneer will arrange insurance for vendors items whilst in our care. A 2% charge on the hammer price or reserve price will be chargeable. After payment lots may be removed from the premises subject to no interruptions to sales then being made in the removal Process. In any event the Auctioneers and their staff shall have discretion to decide which lots may be removed whilst the sale is in progress.
8. The BUYERS PREMIUM is 17% added to the hammer price (Minimum £1) plus VAT. For Internet bidding the Buyers Premium will be 20%. After 5pm on the second working day after the sale day, the buyers premium will increase to 25% plus VAT.
8a. Internet Fees will be added to the invoice. For easylive this is 3% unless buyers have opted to pay the £3 charge in advance. For ibidder the fee is 3% of the hammer price
9. The AUCTION COMMISSION is 15% or £1.50 whichever is the greatest (£1.50 being the minimum commission charged at their discretion And £1.00 Per Item Loting Fee.
10. The Auctioneers reserve the right to catalogue goods as they see fit, determine in which sale these shall be included and refuse any lots considered to be unsaleable or of negligible value. They shall not be held responsible for any expenses or loss incurred thereby or for the postponement or cancellation of sales, for whatever cause. Any goods refused entry will be diposed of without further notice to the vendor.
11. The Auctioneers do not hold themselves responsible for any default on the part of vendors or purchasers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any lot or for any errors of description made by the vendor or persons on their behalf. Catalogue descriptions should not be relied upon as being complete or accurate and buyers should inspect all lots prior to bidding.
12. The vendor shall indemnify the Auctioneers against any claims in connection with goods sold on the vendor’s instructions.
13. The Auctioneers disclaim responsibility for all loss or damage to goods unless directly the result of negligence on the part of one of their employees.
14. Payment (without interest) will usually be made to the vendor within 14 days of the sale date, after deduction of commission, VAT and expenses, where applicable (expenses shall include transport, insurance, storage and valuation), but the Auctioneers shall not be liable for payment to the vendor until they themselves receive full payment from the purchaser.
15. The Auctioneers reserve the right to charge a premium on the total bill on any credit card transaction i.e. Visa, Access etc. Payment other than by cash will be entirely at the discretion of the Auctioneers. Payment by switch card will also be at the discretion of the Auctioneers. Cheques are not accepted for payment.
16. The Auctioneers will charge a storage fee of £1 per day (small items) and £3 per day (furniture and large items) any goods not collected within 2 days of sale unless prior arrangements have been made. Storage fee will be payable from the date of sale. Failure to collect items after this period, may result in goods being sold, without reserve, to cover expenses. Buyers Premium will be increased to 25% for any goods not paid for by the close of business on the 2nd Day after the auction.
17. Notwithstanding any other of these Terms and Conditions of Engagement, if within 7 days of the sales of any lot the purchaser gives written notice to the Auctioneer that in his or her opinion it is a deliberate forgery, as defines below, and within 14 days of such notice, returns the lot to the Auctioneer, in the same condition as it was at the time of sale and by producing evidence (the burden of proof being on the purchaser) satisfies the Auctioneer that the lot is a deliberate forgery, then the Auctioneer will be entitled to rescind the sale and will refund the purchase price to the purchaser if the same is still held by the Auctioneer. If the purchase price has been paid to the vendor the Auctioneer shall be under no obligation to the purchaser for the refund of the purchase price. In the context of this guarantee ‘a deliberate forgery’ means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of sale had a value substantially less then it would have had, had it been in accordance with the description. However, there will be no right where the catalogue description, at the time of sale, was in accordance with then general opinion of experts, or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.
18. Goods withdrawn prior to sale but after cataloguing or valuation, ‘Bought-in’ lots and unsold reserved goods (where reserves have not been agreed with the Auctioneers) will attract a charge at the rate of 5% of the value based on reserve prices or valuation provided by the Auctioneer (plus expenses where applicable) which shall be binding upon the vendor. This charge is levied in addition to any other fees which may be payable.
19. A Vendor may place reserves on any lots (Minimum £10) but unless instructed to the contrary, all lots will be sold without reserve or at the Auctioneers discretion. Lots failing to reach reserve prices may be sold after the sale at or above reserve or entered into a subsequent sale(s) without reserve.
20. The Auctioneers reserve the right to dispose of all unsaleable lots which they consider to be of negligible value, without reference to the vendor and at the vendor’s full expense.
21. The Auctioneers shall not be responsible for any loss or injury whether accidental or otherwise (not arising out of their negligence) which may be suffered by any person on the sale premises or which causes damage to any item within the premises ie the salerooms, reception areas, kitchen, warehouse or car park/yard.
22. Payment acceptance and deadlines – All lots must be paid for and all invoices settled by Midday the next working day after the sale. After this time storage charges may be applied. Buyers may pay by cash, debit card, credit card or bank transfer. Credit card payments will attract a 2.5% surcharge and business credit cards a 3.5% surcharge. Bank transfers must include all charges in connection with receiving the funds into our account. Payments made over the phone will only be acceptable if the card used is registered to the address given at registration. Under no circumstances will goods be allowed to be collected in person by anyone other than the card holder and proof of identification will be required. Phone or Internet transactions over £100 will only be acceptable by phone if known to the auctioneers. Persons not known to the auctioneers must arrange bank transfer of funds or collect in person.
23. All buyers registering on our site or affiliated sites undertake to complete the purchase of all lots successfully bid for and won within the prescribed timescales. All buyers will automatically consent to a charge being made to their registered credit or debit card for a deposit as deemed appropriate by the particular terms of each sale, and all outstanding invoices to be charged to the registered card after the prescribed time has expired to complete the purchase ( usually after 5pm on the second working day following the auction) The Buyers premium will increase to 25% after 5 pm on the second working day after the sale to cover additional admin expenses.
24. Defaulting Buyers will have their goods placed in to storage at the rate of £1 per lot per day for small items and £5 per lot per day for larger items. After a period of two months in storage, the items will be forfeited and sold to cover expenses. It is the responsibility of the buyer to pay for and collect items they have purchased. All ‘’taken’’ payments – ie those charged to a non- paying buyer’s card will be notified to the buyer by email. If no response is received to confirm the payment, the address etc, the storage will commence from the date of purchase.
We are a Commercial Auction Company specialising in Stock Clearance. The vast majority of our lots are ‘’new’’ or ‘’as new’’ and are graded using our grading system. Stock is sold for a variety of reasons: change of packaging, discontinued, end of range, seized, bankrupt, re-possessed, new model, etc etc. However some items are not new as we receive items from Police Forces, Estates in Probate, Bailiffs, Private Clients etc etc. We do not usually accept customer return items as there are many other auctions that sell this grade of product. Most of our buyers are buying to sell on or in the course of their business. We are not a retail company. All sales are outside of all consumer legislation. If you do not have the funds to pay for lots that you bid on we respectfully ask that you take your custom elsewhere.
IF YOUR CARD WILL NOT SUPPORT A DEPOSIT DO NOT BID. THIS IS NORMALLY A MINIMUM £50, BUT THIS WILL VARY DEPENDING ON THE SIZE OF YOUR BILL. THIS IS A B2B TRADE PUBLIC AUCTION .
If you need to contact us please email email@example.com quoting your invoice number and bidding number, emails without this are unlikely to be answered. Please do not phone as the phone lines are very busy.
All lots may be viewed on Saturdays at our saleroom for week-end sales and by appointment on the day of sale for week-day sales.
All lots are sold as seen and carry no warranty or guarantee whatsoever. You are expected to have viewed all lots and they are sold as-is. Sometimes we may use stock images and the actual item may differ from the image. Please see our product grading guide at the bottom of these notes. Some items may offer a warranty. This will usually be a return to base warranty and returned items must be returned in their original complete packaging.
ANY LOTS MARKED x2, x4 etc ARE MULTIPLE LOTS AND THE BID PRICE IS FOR 1 (ONE) ITEM SO THE BID PRICE WILL BE MULTIPLIED BY THE NUMBER ITEMS IN THE LOT. If you require further clarification please contact Haddon & James Auctioneers.
Whilst we allow you to bid, you have agreed that we may charge your registered card for any appropriate deposit (as per our standard terms and conditions). Should your card not support a payment, you will be blocked from bidding. DON’T BID IF YOU CAN’T PAY.
We do not accept credit or debit cards over the phone. Our preferred payment method is by Bank Transfer. Cash and chip & pin cards are accepted at the counter only (maximum £5000 cash in single transaction). We do not accept cheques or American Express. For those not local to our saleroom and unable to pay by bank transfer we will accept cash paid in to our account but subject to an additional 2%.This must be added to the invoice total as it is a charge made by the bank for accepting cash. If you don’t add this we will not progress your lots. We can also now offer a payment link using your registered debit/ credit card.
All Lots marked V are subject to 20% VAT on the Hammer Price
All Lots are subject to Buyers Premium 20% + VAT This will be increased to 25% from 5pm on the first working day after the sale concludes (late payers premium) for bills are not settled on time. The full amount will be charged to the registered card after this deadline has expired unless we are notified in good time of any delay. For weekend sales (Thursday / Friday / Saturday / Sunday) the payment deadline is 5pm Monday. For weekday sales the payment deadline is the following day 5pm. Invoices will be sent by email to your email address on the following days:
Saturday & Sunday sales invoices sent Monday (Sat pm for Live Sat Sale)
Monday Sales invoices sent Tuesday – payment due 5pm Wednesday
Tuesday Sales invoices sent Wednesday – payment due 5pm Thursday
Wednesday Sales invoices sent out Thursday – payment due 5pm Friday
Thursday and Friday invoices are sent Saturday – payment due 5pm Monday
All changes of delivery/collection requirements MUST be notified by 5pm the day that the invoice is sent. ALL such changes must be notified by email to firstname.lastname@example.org. Any such requests will be confirmed by return email where at all possible.
All Lots are subject to i-Bidder Premium of 3% + vat
Any buyers who default on payment of purchased items may be “blacklisted” and barred from all further i-bidder sales. This information may be shared with other auctioneers. Further – any payments taken as deposits on defaulted invoices will be allocated to cover costs in re-selling the items and NOT returned under any circumstances.
IF YOU CAN’T /DON’T PAY – DON’T BID!!! – We have heard all the excuses including the one about the dog / grandchild / niece/wife / bidding on the laptop! If you allow this YOU will have to pay!
Limited collections on Saturdays are available due to Live auction taking place. Whilst we would love to see you, our porters are busy and it will often be necessary to wait.
Pro- forma invoices will be issued before mid-day on the next working day after the completion of the sale.(see above for further clarification) Buyers MUST check their email and spam / junk folders if the email is not received. If not received, you must email us immediately stating ‘’INVOICE NOT RECEIVED’’ in the subject line to email@example.com . Please do not phone as the phone lines are very busy. Orders will be despatched in the order payments are received. Therefore those who pay early will get priority.
Once paid, we can issue a paid invoice on request by email to firstname.lastname@example.org
DO NOT BID UNLESS YOU CAN PAY BY ONE OF THESE METHODS WITHIN THE PRESCRIBED TIMESCALES. Non payers will be blocked from future bidding. Items not collected will be placed in storage and charged as per our daily storage rate. If you do not pay and we charge your card, the goods will not be dispatched until you have emailed confirming your details. Storage costs £1 per day for small items and £5 per day for large items. We do not do ‘’free storage’’.
Packing and Shipping policy
We will usually include packing and shipping on your invoice unless you are local or overseas. Should you not require packing & shipping and are planning to collect items personally, we will remove this from your invoice when you collect your lots within the prescribed timeframe.
We do not allow other couriers to collect from us due to the huge volume of packages being sent.
Any other couriers arriving without specific arrangements will be turned away.
We CANNOT ship widescreen TVs, Liquids, China, Pictures & Paintings and certain other fragile items. Buyers will need to make their own arrangements for these.
Shipping to a UK Destination with a Valid Postcode
Items weighing under 2kgs – from £8
Items weighing between 2kgs and 10kgs – from £10
Larger items over 10kgs up to 20kgs – from £15 (insured for loss not damage sent by Interlink Express Or UK mail) Standard conditions limit liability to a maximum cover per consignment of £10 per kilo with an excess of £50. Exclusions apply and some goods travel at own risk*All fragile items are shipped at purchasers risk, this includes all glass, china, pictures, tv’s and similar . We will not ship widescreen tv’s on their own , these must be personally collected.
If you have included a mobile phone number on your registration, we will pass this on to Interlink Or UK Mail and the driver will send you a text to advise you when the item is collected and on it’s way to you also an approximate delivery time on the delivery day. If you are not in when delivery is attempted, the shipment will return to the local depot for you to collect or re- arrange delivery.
Shipments will generally be packed and dispatched in the order in which they are paid
Larger Shipping items we can arrange ie pallets via a pallet network. Pallets can be packed and shipped from £60 If no-one is available to receive your pallet, it will be re-scheduled and will be charged a re-delivery fee.
ALL ITEMS REQUIRE A SIGNATURE ON RECEIPT
ALL ITEMS MUST BE PAID FOR IN FULL BEFORE A QUOTATION CAN BE ARRANGED
Small Items weighing under 2kgs- from £15 (insured for loss but not damage in the post) Packed parcel dimensions not to exceed 30x30x30cms sent by Royal Mail International Signed For
Items weighing over 2kgs- from £35 (insured for loss but not damage in the post sent by Royal mail Global Priority)
International shipping and offshore destinations including Isle of Man, Isle of White.
We are now able to offer UK offshore shipping using Interlink Express but at a higher rate than on the mainland.
We are also now able to offer limited international shipping using Interparcel or Interlink International and or UK mail and the price will be quoted after the items are packed and the purchase invoice has been paid.
Packing cost £5 per item or group of small items. If we are unable to offer packing, we will put you in touch with MBE who offer this service combined with shipping.
Please note all costs plus vat at the current rate.
Under no circumstances will we allow couriers to collect from us. This is for obvious security reasons.
Please remember that all lots are at the risk of the Purchaser from the time of the fall of the hammer. Should purchasers require specialist packing for shipping please contact us for advice.