CONDITIONS OF SALE
1. Definitions. In these Conditions Halls Holdings Limited act only as auctioneers and agents for the seller and the representative of Halls Holdings Limited conducting the auction is called the “Auctioneer”.
2. General. Whilst Halls Holdings Limited make every effort to ensure the accuracy of their catalogues and the description of any lot:-
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots sold by the seller with all faults, imperfections and errors of description.
(b) Halls Holdings Limited do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the seller to so certify, and in such case the auctioneers do so as agents of the seller and are not themselves responsible for such claims.
(c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Halls Holdings Limited unless they have been instructed in writing by the seller to so certify.
(d) Any claim under any Statute must be received in writing by the Auctioneers within ten days of the day of the sale.
3. The Auction: (a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the seller for all goods which are being offered subject to reserve or at the auctioneer’s discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to reoffer the lot.
(c) Each lot is put up for sale subject to any reserve price placed by the seller. Where no reserve has been placed (but not otherwise) the seller has the right to bid either personally or by any one person on his behalf (who may be the Auctioneer).
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
4. Rescission. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale Halls Holdings Limited have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to Halls Holdings Limited in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Halls Holdings Limited that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The seller and the buyer agree to be bound by Halls Holdings Limited’s decision.
5. Default. Halls Holdings Limited disclaim responsibility for default by either the buyer or the seller because they act as agents for the seller only and therefore do not pay out to the seller until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
6. In the event of a sale by private treaty both the seller and the buyer agree to be bound by the General and any Special Conditions of Sale.
7. Third Party Liability. Every person on Halls Holdings Limited’s premises at any time shall be deemed to be there at his own risk. He shall have no claim against Halls Holdings Limited in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Halls Holdings Limited’s employees.
