TERMS AND CONDITIONS
CONDITIONS OF BUSINESS
Buyers and sellers are advised to read carefully the following conditions of Business, including the explanations of cataloguing practice, that contain exclusively the terms under which Tower Auctions Auctioneers conduct their sales and handle their related matters.
Opening Hours 10-5 Monday-Friday
Please pay for lots within 72 hours after the auction to ensure no storage and disposal charges incur. We reserve the right to dispose of any un collected items if they are not collected within our terms how ever we see fit.
Third Party Liability
All persons on Tower Auctions premises at any time are there at their own risk. They shall have no claim against T.A in respect of any accident which may occur or injury, damage or loss however caused, save insofar as the injury, damage or loss shall be caused by the negligence of T.A or its employees.
CONDITIONS OF SALE APPLICABLE TO BUYERS
1. Tower Auctions as Agent
T.A act only as agent for the seller and makes no representation and give no warranty as to the authenticity, merchantability or otherwise of any lot.
2. The Buyer
(A) The Buyer shall be the person making the highest bid which is acceptable to the auctioneers as signified by the fall of the hammer.
(B) T.A has sole discretion to decide whether as bid has been made whether there has been a dispute as to the bidding and to settle any dispute.
(C) Every bidder shall, if required by T.A, complete a registration form and furnish T.A with suitable references before bidding at the auction.
(D) Every bidder acts as principal.
3. Buyers Premium
The Buyer of any lot shall pay Tower Auctions a premium equal to 19.75% inclusive of VAT at the standard rate. The Buyer acknowledges that T.A may also receive commission from the seller. The Buyer shall not make any deduction in respect of the Purchase Price, nor sell, transfer or otherwise contract to dispose of any lot prior to payment of the Purchase Price.
4. Payment and Risk
(A) At the fall of the hammer.
(i) The Buyer shall give T.A his name and address and such proportion of the Purchase Price as T.A shall require.
(ii) The risk of loss or damage to the lot shall become the full responsibility of the Buyer, not withstanding that it may not yet have passed to the Buyer.
(B) Legal and beneficial ownership of a lot shall not pass to the Buyer until payment for the lot along with any interest or other sums that may be outstanding on any account is received in cleared funds by T.A and T.A will be entitled to a lien on any lot sold to the Buyer until these amounts are paid in full.
(C) In any event full payment of the Purchase Price must be received by T.A within 72 hours of the sale (Due Date).
(D) Methods of payments:
Bacs to Tower Auctions
(i) Cash in Sterling and other currencies acceptable to T.A.
(ii) Credit cards. If you wish to pay for any purchase with a Visa, Access or MasterCard you must present the card in person at the auction, or within 72 hours of the auction. All transactions of this nature must be supported with additional identification. All charges are subject to acceptance by T.A and by Visa, Access and MasterCard, as the case may be. If a charge is not approved, you will nevertheless be liable to T.A for all sums incurred by you.
(iii) Debit cards. We accept Delta, Electron, MasterCard, Solo, UK Maestro and Visa debit cards and there are no charges for transactions of this nature. Transactions of this nature may be made in person or by telephone within 72 hours of the auction.
(iv) If payment by any of these means is not received within 72 hours of the auction T.A reserve the right to take payment from card details provided on registration with Tower Auctions.
5. Collection of Purchases
(A) At T.A discretion, lots may be removed during the auction. No lot may be removed until the purchase price has been paid in full.
(B) The Buyer shall remove from T.A premises at his/her expense any lot purchased by him/her within 48 hours of the sale, or by other agreed arrangement.
(C) The Buyer will be responsible for any removal, storage and insurance charges if a lot is not removed in accordance with Condition 5 (B), but nothing in this clause constitutes any representation by T.A that it will maintain insurance in respect of any such lot.
(D) T.A will not be responsible for any damage caused to any lot after the fall of the hammer.
(A) The Buyer is responsible for arranging all packing and transportation. T.A may from time to time recommend transporters, packers or shippers by any such recommendation is given without liability and T.A shall not be responsible for any loss or damage to any lot, however caused.
(B) Collection by agents. If an agent or carrier is collecting goods on behalf of the buyer they must produce either written authority from the buyer or a receipted T.A invoice for the lot/lots.
6. Remedies for non payment or failure to collect purchases
In the event that a buyer fails to pay for or collect a lot. T.A may at its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies:
(A) Issue proceedings against a Buyer for breach of contract together with costs of any proceedings on a full indemnity basis.
(B) To rescind the sale of that or any other lots sold to the Buyer at the same or any other auction.
(C) To re-sell lot or cause it to be re-sold by public sale or private treaty. Any deficiency in the purchase price resulting from any such re-sale, together with any cost incurred in connection with the lots, shall be paid to T.A by the original Buyer and any surplus after deduction of costs and charges shall be due to the original Buyer.
(D) The charge interest on any outstanding monies at the rate of 2% per month or part thereof to the extent they remain unpaid for more than 48 hours from the date of sale.
7. Conditions of Lots
(A) All catalogue descriptions, verbal descriptions, and advertisements for sales concerning attribution, genuineness, authorship, origin, period, date, age, provenance, quality, condition of estimated selling price are statements or opinion only and are not to be taken as statements or representations of fact nor the basis for any warranty or guarantee. Many lots will be of an age that precludes them being in perfect condition and purchasers should satisfy themselves as to the condition of any lot by examining that lot before the auction.
(B) All conditions, warranties, terms, undertakings and obligations implied by statue, common law, custom, trade usage or otherwise (including, without prejudice to the generally of the foregoing, any express or implied condition, warranty or undertaking as to correspondence of the goods with any contract description given, merchantable quality or fitness for any particular purpose), are hereby wholly excluded. If the Buyer deals as a consumer as defined by Section 12 of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1994 the above provision shall not apply insofar as they purport to affect the Buyers Statutory rights under the Sale of Goods Act 1979 as amended.
8. Commission Bids
(A) T.A will, if instructed in writing, execute bids on behalf of Buyers at T.A. Its employees or agents, will not be liable to the Buyer or Seller for any neglect of default in so doing or for failure to do so. Any instructions so given shall be deemed to be irrevocable unless agreed otherwise by T.A at any time prior to the auction.
(B) Commission bids will be dealt with in strict order of receipt, therefore when two or more bids of the same amount of the same lot are received the first commission bid received shall be the Buyer if the bid is successful.
The Buyer gives T.A the absolute right to use any photographs or illustrations of any lots at any time and in anyway at T.A discretion whether or not in connection with any auction. The Copyright in all illustrations and written matter relating to lots remains at all times in absolute property of T.A.
10. Withdrawal of items
Due to the time frame taken to photograph, research and lot the vendors items, we will now be charging a £10 fee per lot to withdraw from the auction once its live.
Any vendors who are unhappy with the listing and valuation of their items and wish to withdraw will incur this charge.
Where possible we work with the vendor to ensure that the item will sell and for the best price, if this cant be resolved, and the catalogue is live the vendor still has the right to remove their item/s provided fee is paid.
Vendors still have the right to remove their items from auction prior to listing and cataloguing free of charge should they wish to do so.
11. ONLINE BIDDING
Tower Auctions offers an online bidding service via easyliveauction.com for bidders who cannot attend the sale.
11.a Please note should our sale room be closed for any reason and we only offer an online bidding service, any item may be viewed by appointment.
Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3.6% commission charge + VAT at the rate imposed on the hammer price or no commission for the internet bidding if the ‘Flat Fee’ has been chosen at registration.