Terms and Conditions Of Sale
The Terms and Conditions detailed apply to all items sold by Tallon and Associates Limited, whether by Private Treaty, Public Auction, Public Tender or Online Auction.
1.0 All items sold by the Auctioneer (being Tallon and Associates) including employees at the time of the sale, agents and any other parties nominated by the “Auctioneer” are sold subject to these conditions of sale and any further special conditions of sale stated in the catalogue or request for payment. Where a special condition of sale is inconsistent with these conditions of sale then the special conditions will prevail.
2.0 Parties attending at the premises where a sale is being undertaken, or such other place where goods are stored, do so at their own risk and neither the Vendor, the Property Owner or Tallon and Associates Limited will be liable for any loss or damage of property or death or personal injury to any party.
3.0 Tallon and Associates act as agent on behalf of the Vendors and not as Principal.
3.1 Where the Vendor is a company in receivership / liquidation / administration, the receiver / liquidator / administrator will not have any personal liability whatsoever under the Contract, except for death or personal injury caused by his / her negligence.
4.0 All Buyers bid on their own behalf as Principal. In instances where a bidder is acting as an agent for a named Principal then the Auctioneer should be notified in writing by the named Principal expressing authority for another to bid on their behalf. Following notification, the Auctioneer will consider the request and confirm their decision in writing. Under no circumstances should any bidder act on another’s behalf without this written consent.
5.0 The Auctioneer reserves the right to:
- Request proof of identity off any person(s) attending at the sale site and premises.
- Refuse admission to the sale site and premises.
- Request a registration deposit off any person(s) registering.
- Charge an administration fee of £ 50.00 for any re-invoicing / alterations to an invoice.
6.0 Description / Condition of Goods The Auctioneer cannot be held responsible for any descriptive errors or authenticity of lots. No lots are sold as new and all goods are sold as seen without any warranty and with all faults and imperfections. Neither the Vendor nor the Auctioneer shall be liable for any loss or damage suffered by the buyer. Prospective purchasers are therefore strongly advised to inspect lots prior to bidding to satisfy themselves.
6.1 All statements contained in a catalogue / brochure / sales sheet are made without responsibility on the part of the Vendor or Tallon and Associates Limited. All statements relating to authenticity, origin, date, age, period, condition, attribution, quantity, measurement or weight are statements of opinion and are not to be taken as implying statements or representations of fact.
6.2 Tallon and Associates Limited makes no warranty or representation as to the anticipated or likely selling price of any item for sale or of its value. Any written or oral estimate given by Tallon and Associates Limited, or its employees or agents, as to the estimated selling price of an item is a statement of opinion only, and may not be relied on as an indication of the actual selling price or value.
6.3 All illustrations, photographs, pictures or images contained with a catalogue / brochure / sales sheet or elsewhere regarding an item are for identification purposes only. They may not be an accurate reproduction of the item.
6.4 All items are sold as seen with all faults, imperfections and defects. The Buyer shall be deemed to have inspected and approved the items and therefore buys at his / her own risk and with notice of all faults, imperfections and defects.
6.5 Neither the Vendor nor Tallon and Associates Limited give any warranty that any item complies with the Health and Safety at Work Act 1974, any statutory amendment or re-enactment thereof, any regulations made there under or any other applicable health and safety law. Consequently, Buyers undertake to carry out any necessary work in order to ensure that each item purchased conforms to the law before the item is put into use.
6.6 No Lots are supplied as new as regards the Consumer Protection Act 1987 or any other product liability law.
6.7 Neither the Vendor nor Tallon and Associates Limited represent items sold as being in a condition that makes them suitable for domestic use. Despite the above, should Buyers intend to supply any item for domestic use, they should ensure that the Goods comply with the requirements of the Furniture and Furnishings (Fire Safety) Regulations 1988 or any other similar law.7.0 Sales
Unless otherwise stated the Seller reserves the right to sell any item subject to a reserve and withdraw any item subject to a reserve not being reached.
7.1 Unless otherwise stated the Seller, their Representative or the Auctioneer may bid for any items. The Auctioneer may also reject any bid at his sole discretion.
7.2 Auction / Online Sales The auction / sale will be conducted in accordance with the following conditions:
7.2.1 The highest bidder for each lot prior to the fall of the hammer / close of sale will be the buyer of that lot. Should there be any dispute between bidders then the Auctioneers decision will be final and the Auctioneer also reserves the right to re-offer the lot.
7.2.2 The Auctioneer reserves the right to change, alter or withdraw any lot, to accept commission bids and to purchase goods on behalf of buyers.
7.2.3 No bid may be withdrawn after the fall of the hammer / close of sale.
7.2.4 Buyers are strongly advised to insure all goods upon the fall of the hammer / close of sale, as all risks in relation to lots shall pass to the buyer upon the fall of the hammer / close of sale.
7.2.5 Title to the goods will not pass until all invoices relating to that sale are paid in full.
7.3 Tender Sales
7.3.1 All tenders must be made in the form provided and must arrive at the address specified by the required time together with a deposit for 10% of the total purchase price offered.
7.3.2 No tenders shall impose further conditions or make any qualifications whatsoever.
7.3.3 No tender may be withdrawn once submitted.
7.3.4 The Vendor and Tallon and Associates Limited reserve the right to withdraw lots prior to the acceptance of tenders.
7.3.5 The Vendor and Tallon and Associates Limited reserve the right to refuse any tender.
7.3.6 The Vendor and Tallon and Associates Limited shall not be obliged to accept any or the highest offer tendered.
8.1 All lots must be paid for in accordance with the payment terms stated in the catalogue / request for payment / invoice.
8.2 Should an account not be settled within the specified time scale, then the Auctioneer reserves the right to resell or dispose of the items without incurring any liability to the buyer or without prejudice to any claims of the Vendor or Auctioneer against the buyer, for breach of contract. The buyer also forfeits any deposit paid to the Auctioneer. The Auctioneer also reserves the right to charge interest on outstanding accounts at 4% above the Natwest base rate.
8.3 All bidding is exclusive of VAT and Buyers Premium (if applicable), and the Buyer must pay VAT and Buyers Premium at the applicable rates. VAT will be charged, at the going rate, on all export purchases until Tallon and Associates Limited receive satisfactory proof of export. Upon receipt of such documentation, the VAT charged will be reimbursed.
8.4 Full payment is not deemed to have been made until the payment clears into Tallon and Associates Limited, or any other specified bank account.
9.0 Title and Risk
9.1 Legal and equitable title to the goods will not pass to the Buyer until the price for the goods has been paid in full (together with any applicable costs of transport and storage following the sale) and the Buyer has removed the goods from the site.
9.2 All items sold shall be the sole responsibility of, and at the risk of, the Buyer from the moment the buyer is notified of acceptance of his / her offer, even if the Vendor or Tallon and Associates Limited move the goods on or from the premises. In no circumstances will Tallon and Associates Limited or the Vendors be held responsible if any item or part thereof is lost, stolen, damaged or destroyed after buyers have been advised. Buyers are therefore advised to effect immediate and adequate insurance cover.
9.3 Tallon and Associates Limited act as agent for the Vendor and does not own the items itself, nor does Tallon and Associates Limited warrant the Vendor's title to any items sold. The Vendor transfers the items with such title as it has.
10.0 Site Clearance / Removal of Goods
10.1 Removal of the Goods from the Site shall be the responsibility of the Buyer, who shall remove the Goods on or before the date specified in the catalogue / invoice having made prior arrangements to do so with Tallon and Associates Limited.
10.2 The Buyer will be responsible for obtaining at its own expense, all necessary labour and plant for the removal of the Goods. Where the Vendor gives assistance to the Buyer in connection with such removal, such assistance is given entirely at the Buyer's risk.
10.3 The Buyer will indemnify and keep indemnified the Vendor and Tallon and Associates Limited against all liability, loss, damage, injury or death howsoever and by whomsoever caused to the Site or any thing or person therein or thereupon arising from or in the course of the removal of the Goods.
10.4 All items must be removed from site in accordance with the site clearance terms stated in the catalogue / invoice. Should items not be removed within the specified time scale, then the Auctioneer reserves the right to resell or dispose of the items without incurring any liability to the buyer or without prejudice to any claims of the Vendor or Auctioneer against the buyer for breach of contract. The buyer also forfeits any deposit paid to the Auctioneer. The Auctioneer also reserves the right to charge the buyer rent and costs incurred due to non-removal of lots.
10.5 The Buyer will be responsible for all damage caused to the building, plant and machinery or other lots, be it caused by the Buyer or any appointed contractor.
10.6 The Buyer will be liable for all liabilities, losses, damages, costs and expenses whatsoever suffered by the Vendor or Tallon and Associates Limited as a result of the failure to remove the Goods by the required date or arising from the resale of the Goods provided that any sums forfeited to the Vendor under the foregoing provisions will be credited against such liability, loss, damage, cost or expense but further that if such liability, loss, damage, cost or expense is less than the sums forfeited the Vendor shall be under no obligation to make any refund to the Buyer for any such items.
10.7 If the Vendor or Tallon and Associates Limited reasonably consider damage is likely to occur in removing any items from site, the Buyer may be required to deposit such sum of money by way of security at the discretion of the Vendor or Tallon and Associates Limited for the costs of reinstating the site. If the Buyer refuses to deposit such money the Vendor may refuse the Buyer access to the site for the purpose of removing the items and the Buyer will be deemed to be in default.
10.8 If the Buyer fails for whatever reason to either pay for or remove the items purchased on or before the date specified, the Vendor will be entitled to rescind the Contract forthwith without incurring any liability whatsoever to the Buyer and upon such rescission the following provisions will apply:
- Any sums paid by the Buyer towards the purchase price will be forfeited to the Vendor.
- The Vendor will be entitled to resell the Goods publicly or privately but the Vendor shall not be liable to account to the Buyer in the event of a resale at a higher price than the price contracted to be paid by the Buyer.
11.0 Health & Safety
11.1 All lots must be removed in accordance with all current Health and Safety guidelines. In addition, any items purchased must not be used in the removal process unless the Auctioneer expresses in writing that he is satisfied the equipment complies with current Health and Safety standards. Neither the Vendor nor the Auctioneer are liable for injury / accident sustained by any person(s) at the premises for whatever purpose.
11.2 No electrical disconnection, flame burning, cutting, removal of dangerous and hazardous substances, mechanical lifting will be permitted until the buyer has completed risk assessments and method statements and the same has been authorised by the Auctioneer. In addition a copy of the Buyer’s or the Buyer’s contractors insurance will be required.
11.3 Certain premises may hold plant and installations containing substances and chemicals governed by the 1974 Health and Safety at Work Act and the 1988 Control of Substances Hazardous to Health Regulations or any other act and legislation. It is the sole responsibility of the purchaser to comply with any relevant act and legislation. This may involve the use of licensed contractors at the Purchasers expense. The Vendor, Auctioneer, Agents or Servants cannot be held responsible for person(s) coming into contact with hazardous substances and chemicals.
11.4 It is expressly brought to the buyers attention that, at the time of sale, any item of plant, machinery or equipment contained in the lot(s) may not necessarily comply with Health and Safety at Work Act 1974 or any other Acts or Regulations there under governing the use of plant, machinery or equipment in a working environment. Successful buyers for any such plant, machinery or equipment are hereby required to ensure that the use of any such plant at a place of work within the United Kingdom does not contravene such relevant Act or Regulation hereunder applicable thereto.
12.0 Neither the Vendor nor Tallon and Associates Limited shall be liable to the Buyer for any delay in or failure to perform its obligations as a result of any cause beyond its reasonable control.
13.0 Where the Buyer is more than one person, the duties and obligations of the Buyer will be joint and several.
14.0 The Buyer will not be entitled to offset any sum due to the Vendor under the Contract against any sums due from or liability of the Vendor to the Buyer in respect of dealings between the Vendor and the Buyer prior to the date of the Contract.
15.0 The parties intend that Tallon and Associates Limited and the relevant Buyer, together with the Vendor, receiver, administrator and liquidator may enforce their rights under these Conditions of Sale, pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.0 No software or data, business records, plans, drawings, patents, tools or any other intellectual property is included with any lot unless stated in the lot description.
17.0 All motor vehicles are sold as seen with no warranty given that the vehicle is safe or legal for use on Public Highways or private land.
18.0 These Conditions of Sale and the Contract shall be subject to and construed in accordance with English law and the parties hereto submit themselves to the jurisdiction of the English Court.