Terms of consignment – Selling at Irita Marriott Auctioneers and Valuers Ltd
Interpretation of Conditions
In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the seller has authorised the consignment and that the consignor has the Seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc. refer to Irita Marriott Auctioneers and Valuers Ltd
1. Definitions
In the Conditions, the following terms shall have the following meanings unless the context otherwise requires:
“Absentee Bids” means a bid on Lot(s) where the Bidder is not able to be physically present, be it through an agent or by telephone, or online, a Bidder can place an absentee bid prior to the start of an Irita Marriott Auctioneers and Valuers Ltd Auction.
“Auctioneer” means the firm of Irita Marriott Auctioneers and Valuers, or its authorised auctioneer, conducting auctions by accepting bids and declaring Lot(s) as sold on behalf of the Vendor.
“Bidder” means any person bidding on Lot(s) at an Irita Marriott Auctioneers and Valuers Ltd Auction.
“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including where bidding as agent.
“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to Irita Marriott Auctioneers and Valuers Ltd by the Buyer at the agreed rate of such Hammer Price.
“Catalogue” includes any advertisement, brochure, estimate, list or other publication of Irita Marriott Auctioneers and Valuers Ltd containing details of Lot(s).
“Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, date, origin, culture, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.
“Expenses” means, in relation to the sale or aborted sale of any Lot(s), Irita Marriott Auctioneers and Valuers Ltd’s charges and expenses incurred, including (but not limited to) legal expenses, charges and expenses for insurance, catalogue and other reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and postage and packing costs.
“Hammer Price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer, excluding the Buyer’s Premium, any applicable expenses and any applicable VAT.
“Live Online Bidding” means the live online bidding performed via ‘the-saleroom.com’ or ‘easyliveauctions.com’ and any other Irita Marriott Auctioneers and Valuers Ltd authorised online platforms.
“Lot(s)” means items offered for sale at an Irita Marriott Auctioneers and Valuers Ltd Auction.
“Irita Marriott” “We” “Us” “Our” means IRITA MARRIOTT AUCTIONEERS AND VALUERS LTD, incorporated and registered in England with company number 14941105 and whose registered office is at Companies House, Cardiff.
“Irita Marriott Auctioneers and Valuers Ltd Auction” means a public auction organised and administered by Irita Marriott Auctioneers and Valuers Ltd.
“Online Bidding Fee” means the additional charge levied on Lot(s) bought via the online bidding facilities.
“Reserve” the minimum price that the Vendor is willing to accept for their Lot(s) sold at an Irita Marriott Auctioneers and Valuers Ltd Auction.
“Sale Proceeds” means the net amount due to the seller, being the hammer price of the lot sold, less commission at the stated rate chargeable and any other amounts due to us by the seller in whatever capacity and however arising.
“Vendor” means the person(s) (including their agent (other than Irita Marriott Auctioneers and Valuers Ltd), executors or personal representatives) offering Lot(s) for sale at any Irita Marriott Auctioneers and Valuers Ltd Auction. If the Vendor is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Vendor set out in the Conditions of Business for selling through Irita Marriott Auctioneers and Valuers Ltd.
“Vendor’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to Irita Marriott Auctioneers and Valuers Ltd by the Vendor at the agreed rate (plus all other expenses as agreed) of such Hammer Price.
“Working Day” means a day other than a Saturday, Sunday or public holiday in England. Please note we also close over the Christmas period. Please check closure dates.
In these Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.
The headings and sub-headings in these Conditions of Business do not form part of these Conditions of Business themselves but are for convenience only.
2 Warrant
2.1 The Seller warrants that possession of the Lot(s) can be transferred to the Buyer with good and marketable title, free from any third party right and encumbrances, claims or potential claims. The seller has provided all information concerning the items ownership, condition and provenance, attribution, authenticity, import or export history and of any concerns expressed by third parties concerning the same.
3 VAT
3.1 All commissions and fees are subject to VAT at the prevailing rate.
4 Commission
4.1 Sellers commission on the hammer price is charged to the Sellers at the agreed rate of 18% of the hammer price.
5 Removal costs
5.1 Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
5.2 Irita Marriott Auctioneers and Valuers Ltd do not offer an in house Haulage service, however we are happy to recommend a local firm. Please contact us for details.
6 Insurance.
6.1 Irita Marriott Auctioneers and Valuers Ltd is not authorised by the FSA to provide insurance to its clients. However, Irita Marriott Auctioneers and Valuers Ltd, unless otherwise instructed and for its own protection, will insure property consigned to it for sale or put under its control for any other purpose. Items are insured whilst in the possession of Irita Marriott Auctioneers and Valuers Ltd against the risk of fire, theft following forcible entry, and water damage. We agree that, in the event of damage occurring that is covered under our policy of insurance with AXA XL we are responsible to you. In respect of any item delivered to Irita Marriott Auctioneers and Valuers Ltd premises, if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned whether or not for an agreed value, the vendor will immediately notify his insurers of and shall himself note the interest of Irita Marriott Auctioneers and Valuers Ltd as bailees in respect of such policy or policies.
6.2 Irita Marriott Auctioneers and Valuers Ltd assumes liability for property consigned to it at the lower pre-sale estimate less commission charges until the hammer falls. The liability assumed by Irita Marriott Auctioneers and Valuers Ltd shall be limited to the lower pre-sale estimate, less commission charges, of the hammer price if the lot is sold.
7 Photography and Illustrations
7.1 We shall be entitled to photograph, illustrate or otherwise produce images in all media forms for example, our catalogues, our social media, promotional literature, television and on either our own or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, film, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, film, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant Irita Marriott Auctioneers and Valuers Ltd Auction. The rights to reproduce and re-use such will remain with Irita Marriott Auctioneers and Valuers Ltd thereafter without requesting the vendor or buyer’s permission.
8 Reserves
8.1 All goods are offered for sale WITHOUT RESERVE, unless specific written instructions are received at the office of Irita Marriott Auctioneers and Valuers Ltd at least two working days prior to the day of sale. You are entitled to place, prior to the auction, a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer a Lot(s), which in our opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and loss charges stipulated in these Terms of Consignment).
8.2 A reserve once set cannot be changed except with our consent.
8.3 Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
8.4 The vendor is to confirm whether the reserve is to be ‘fixed’ or 'discretionary'. If no instruction is given by the vendor, Irita Marriott Auctioneers and Valuers Ltd reserve the right to sell with no reserve.
9 Re-offers
9.1 In the event of a Lot(s) remaining unsold at auction Irita Marriott Auctioneers and Valuers Ltd are hereby empowered by the vendor to re-offer the Lot(s) in a subsequent sale(s). The vendor agrees that Lot(s) re-offered will be sold WITHOUT RESERVE. Any Lot(s) previously subject to a reserve and unsold will be re-offered WITHOUT RESERVE and WITHOUT further notification.
10 Unsold Lots
10.1 If a Lot(s) is unsold it may at our discretion be re-offered at a future sale as per clause 9. Where in our opinion an item(s) is unsaleable the vendor must collect such items from the saleroom within 5 working days of being informed. After 5 working days Irita Marriott Auctioneers and Valuers Ltd reserve the right to charge a storage fee of £5 per lot/per day. Irita Marriott Auctioneers and Valuers Ltd will accept no claims for loss or damage for items not collected within 5 working days of advisement, as they will not be insured after this time.
10.2 Unsold items may be dispersed to charity.
11 Withdrawn items
11.1 Lot withdrawal following initial consignment and receipt for auction will be calculated at mid estimate, with standard commission charges effected.
12 Electrical items
12.1 These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
13 Descriptions
13.1 Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances, responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your Lot|(s) unless informed to the contrary. Where we are obligated to return the price to the buyer when the lot is a deliberate forgery under clause 7.6 of our buyer’s Conditions of Sale and we have accounted for you for the proceeds of sale, you agree to reimburse us the sale proceeds.
14 Conditions for sale.
14.1 The vendor agrees that all goods will be sold subject to our Conditions of Sale. The vendor warrants to Irita Marriott Auctioneers and Valuers Ltd that they are the true owner of the property, or is properly authorised to sell the property by the true owner and is able to transfer a good and marketable title to the property, free from any third party claim. The vendor undertakes to indemnify Irita Marriott Auctioneers and Valuers Ltd its servants and the buyer against any loss or damage suffered by either in consequence of any breach of the above on part of the vendor. The vendor affirms that any details provided to Irita Marriott Auctioneers and Valuers Ltd regarding themselves or the Lot are true and complete. The vendor undertakes to compensate Irita Marriott Auctioneers and Valuers Ltd and any buyer or third party for all losses, liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
15 Authority to deduct commission and expenses and retain premium and interest.
15.1 The vendor authorises Irita Marriott Auctioneers and Valuers Ltd to deduct commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
15.2 Including, but not limited to, costs associated with advertising, CITES, Gemstone reports & certificates of authenticity.
16 Introductory Commission
16.1 Irita Marriott Auctioneers and Valuers Ltd reserves the right to make occasional relevant and appropriate Introductory Commission payments, without cost to the vendors or buyers.
17 Interest and the Client Bank Account
17.1 The vendor authorises Irita Marriott Auctioneers and Valuers Ltd to retain any interest which may be accrued (or offset) on the deposit of sale monies in the client bank accounts, Irita Marriott Auctioneers and Valuers Ltd Client Account, Irita Marriott Auctioneers and Valuers Ltd Auctioneers Business Reserve Client Account.
18 Warehousing and storage
18.1 We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make a minimum warehousing charge of £5 per lot per day. Larger items may incur a higher fee.
18.2 Unsold lots are subject to the same charges as per clause 10. If items are not removed within 5 working days we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
18.3 Irita Marriott Auctioneers and Valuers Ltd will not be held responsible in any capacity for items that haven’t been agreed to be consigned.
19 Disposal
19.1 The vendor authorises Irita Marriott Auctioneers and Valuers Ltd without communication to dispose of any item(s) which, in the opinion of Irita Marriott Auctioneers and Valuers Ltd , possesses no saleable value or is unsold and the vendor hereby agrees to repay any proper charges paid by Irita Marriott Auctioneers and Valuers Ltd on his behalf to the disposal facility/ charity.
20 Rescission
20.1 If within a reasonable period the buyer makes a claim to rescind the sale on any of the grounds set out in the terms and conditions, and Irita Marriott Auctioneers and Valuers Ltd consider them to be justified, Irita Marriott Auctioneers and Valuers Ltd is authorised to rescind the sale and refund to the buyer any amount paid to Irita Marriott Auctioneers and Valuers Ltd in respect of the Lot(s) in question, reclaiming the net proceeds of the sale from the vendor, if already paid.
21 Removal Contractors
21.1 Where Irita Marriott Auctioneers and Valuers Ltd do not themselves undertake the removal or delivery of items for a vendor and a contractor has been instructed on behalf of the vendor by Irita Marriott Auctioneers and Valuers Ltd, acting at all times as agent of the vendor, Irita Marriott Auctioneers and Valuers Ltd cannot be held responsible for any loss or damage arising by the use of such contractor and any claim should be pursued against the contractor responsible.
21.2 Irita Marriott Auctioneers and Valuers Ltd will not be held responsible in any capacity including loss and damage for any additional items given to any removal contractors where they are not listed on the original sales instruction/goods receipt. If you would like to consign additional items not already discussed with a valuer, please contact Irita Marriott Auctioneers and Valuers Ltd before sending them to the auction house.
22 The Auction
22.1 The representative of Irita Marriott Auctioneers and Valuers Ltd conducting the auction (“The Auctioneer”) has absolute discretion to divide, combine, and consolidate or to withdraw any of the Lot(s) from the sale, to refuse bids and regulate the bidding of any Lot(s) without giving reason or previous notice. The vendor further authorises Irita Marriott Auctioneers and Valuers Ltd to accept a bid by telephone, digital or electronic means, or a commission bid whether or not in writing.
23 Default
23.1 Irita Marriott Auctioneers and Valuers Ltd disclaim responsibility for default by either vendor or buyer. We act as auctioneers only and proceeds of sale are not remitted to the vendor until payment in full is received from the buyer.
24 Auction Assignment
24.1 On consignment, where possible, Irita Marriott Auctioneers and Valuers Ltd will identify the most appropriate auction for your item(s). Irita Marriott Auctioneers and Valuers Ltd reserve the right to group items together or re-assign sales for any consignments should we feel it prudent, in order to maximise your financial return.
25 Payment of Sale proceeds
25.1 Irita Marriott Auctioneers and Valuers Ltd will remit the sale proceeds to the vendor after deduction of commission, insurance charges and proper expenses 20 full working days after the sale, provided Irita Marriott Auctioneers and Valuers Ltd has been paid in full by the buyer. In the event that the buyer hasn’t paid in full within 20 full working days of the sale, Irita Marriott Auctioneers and Valuers Ltd will remit the net proceeds to the vendor after such payment has been received in full. If payment has not been received from the buyer following the sale Irita Marriott Auctioneers and Valuers Ltd will endeavour to take the vendor’s instructions notwithstanding the vendor authorises Irita Marriott Auctioneers and Valuers Ltd to take such steps as Irita Marriott Auctioneers and Valuers Ltd think necessary to attempt to recover monies due from the buyer on the seller’s behalf. The vendor hereby affirms that it shall not be incumbent upon Irita Marriott Auctioneers and Valuers Ltd to pursue the matter of amounts due provided always that Irita Marriott Auctioneers and Valuers Ltd has retained possession of the Lot(s).
26 Custom Tax and VAT
26.1 Please be aware that VAT under the margin scheme is payable, we are unable to refund the same for overseas buyers additional customs taxes may be payable both by a buyer or potential seller. Irita Marriott Auctioneers and Valuers Ltd are not responsible for any additional customs taxes. Anyone sending items from overseas to Irita Marriott Auctioneers and Valuers Ltd to be commissioned for sale or valuation may incur customs taxes. This tax also applies to buyers if we despatch lots won overseas.
26.2 Where these Conditions refer to any obligation on the vendor to make payment to us, the vendor will be liable to pay any VAT required by law or, if applicable, any amount in lieu of VAT.
27 Unsolicited items
27.1 Items that the Auctioneers consider saleable, will be accepted under the above Terms & Conditions. Any items delivered that the Auctioneers consider unsuitable for Irita Marriott Auctions will either be distributed to an appropriate saleroom of the discretion of the Auctioneer or requested to be collected by the Vendor within 5 working days after notice.
28 Estimates
28.1 Any sale price estimate that we give to you for any Lot(s), whether by us saying it to you orally, written, in the Catalogue or otherwise is an expression of opinion and intended only as a guide. It should not be in any way relied upon as a statement that the estimated selling price is the price at which the Lot(s) will sell or its value for any other purpose. As any estimate can be subject to change, it is advisable to speak with us as to the estimated selling price of any Lot(s) nearer the time of the sale.
29 Third Party Liability
29.1 Any person attending the premises of the auctioneers, affirms that they are there at their own risk and shall have no claim against Irita Marriott Auctioneers and Valuers Ltd is respect of any accident, injury, loss or damage, unless caused by the negligence of Irita Marriott Auctioneers and Valuers Ltd employees. Vehicles are parked at the owner’s risk.
30 Our rights to withdraw the services
30.1 At our sole discretion, Irita Marriott Auctioneers and Valuers Ltd can withdraw any Lot(s) from sale without any liability if:
30.1.1 we believe that there is any doubt as to the Lot(s) authenticity;
30.1.2 it is established or alleged that there is a breach of the warranties given by you in clause 2;
30.1.3 you materially breach any of the terms in these Conditions of Business;
30.1.4 the Lot(s) contains any endangered species for which a sales exemption under the Convention on International Trade in Endangered Species is required and such a sales exemption has not been granted by the day before the first day of the viewing of the Irita Marriott Auctioneers and Valuers Ltd Auction for which the Lot(s) are offered for sale;
30.1.5 we consider the Lot(s) to be of insufficient sale value;
30.1.6 the Lot(s) are lost or damaged so that it is not in the state in which it was when we agreed to sell it;
30.1.7 the Irita Marriott Auctioneers and Valuers Ltd Auction at which the Lot(s) was proposed to be put on sale is postponed for any reason or
30.1.8 we become aware that there is a competing title claim, right of possession by a third party over the Lot(s) or a debt secured over the Lot(s).
31 General
31.1 No act, omission or delay by us shall be deemed a waiver or release of any of its rights under these Conditions of Business or otherwise.
31.2 Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by email, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Irita Marriott Auctioneers and Valuers Ltd, Williams Yard, Derby Road, Melbourne, DE73 8JR’ and quote the relevant sale date and either the Vendor’s reference number or the Buyer’s invoice number. Any notice that we send to you shall be addressed to the last address formally notified by us.
32 Law and jurisdiction
32.1 These Conditions of Business, and all aspects or all matters, transactions or disputes to which they relate, shall be governed by and construed in accordance with the laws of England. By bidding for any Lot(s) (whether by written bid, telephone or online) or offering any Lot(s) for sale at any Irita Marriott Auctioneers and Valuers Ltd Auction, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.
32.2 You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, email, or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.
33 House Clearance
33.1 Upon commencement of work, ownership of all items Irita Marriott Auctioneers and Valuers Ltd removes from the property transfers to Irita Marriott Auctioneers and Valuers Ltd auctioneers for sale at an appropriate auction house, disposal, resale, charity donation, staff reuse, or any other means of recycling we see fit. Notwithstanding items valued and outlined to be sold at auction with Irita Marriott Auctioneers and Valuers Ltd Auctioneers acting as agent.
34 Classic Cars
34.1 All cars and motorised vehicles are sold under separate terms and conditions.
Conditions of Sale – buying at Irita Marriott Auctioneers & Valuers Ltd
Irita Marriott Auctioneers will offer the Lot(s) listed in our Catalogue, at the ‘saleroom.com’, ‘iritamarriottauctioneers.co.uk’, ‘easyliveauction.com’ and ‘invaluable.com’ in accordance with the following conditions of sale. By registering to bid at our auctions, whether that will be over the telephone or online, you agree to these terms and you should read them carefully before entering a bid. The Conditions apply to the services we supply to you as Bidder and Buyer regarding the purchase or holding by Irita Marriott of Lot(s).
Why you must read them
All Bidders and Buyers (including persons authorised to sell Lot(s) by the true owner), prior to bidding on Lot(s) for sale in our salerooms, whether by telephone or online and in delivering Lot(s) to our premises or requesting to arrange for the collection of any Lot(s) from our premises, should read through the terms and associated clauses carefully. If you bid on a Lot(s) it is on the basis that you accept these terms and conditions.
Interpretation of conditions
1. Definitions
1.1 In the Conditions, the following terms shall have the following meanings unless the context otherwise requires:
“Absentee Bids” means a bid on Lot(s) where the Bidder is not able to be physically present, be it through an agent or by telephone, or online, a Bidder can place an absentee bid prior to the start of an auction.
“Auctioneer” means the firm of Irita Marriott Auctioneers and Valuers Limited, or its authorised auctioneer, conducting auctions by accepting bids and declaring Lot(s) as sold on behalf of the Vendor.
“Bidder” means any person bidding on Lot(s) at auction.
“Buyer” means a person who makes the highest accepted bid, in respect of any Lot(s), accepted by the Auctioneer, including where bidding as agent.
“Buyer’s Premium” means the commission on the Hammer Price realised for the Lot in question payable to Irita Marriott Auctioneers and Valuers Ltd by the Buyer at a flat rate of 24% of such Hammer Price. Irita Marriott Auctioneers and Valuers Ltd is currently not VAT registered.
“Catalogue” includes any advertisement, brochure, estimate, list or other publication of Irita Marriott Auctioneers and Valuers Ltd containing details of Lot(s).
“Deliberate Forgery” means Lot(s) that in our reasonable opinion are an imitation created to deceive as to age, authorship, date, origin, culture, period or source, where the correct description of such matters is not reflected by the corresponding description in the Catalogue, and which at the date of sale had a value materially less than it would have had if the Lot(s) had corresponded with the description in the Catalogue.
“Expenses” means, in relation to the sale or aborted sale of any Lot(s) Irita Marriott Auctioneers and Valuers Ltd charges and expenses incurred, including (but not limited to) legal expenses, charges and expenses for insurance, catalogue and other reproductions and illustrations, special advertising and promotion, reproduction rights’ fees and resale royalties, fees for consultancy services, taxes, levies, costs of testing, searches or enquiries relating to any Lot(s), carriage, travelling and postage and packing costs.
“Hammer Price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer, excluding the Buyer’s Premium, any applicable expenses and any applicable VAT.
“Live Online Bidding” means the live online bidding performed via ‘the saleroom.com’, ‘easyliveauction.com’, and any other Irita Marriott authorised online platforms.
“Lot(s)” means items offered for sale at Irita Marriott Auctioneers and Valuers Ltd.
“Irita Marriott” “We” “Us” “Our” means IRITA MARRIOTT AUCTIONEERS AND VALUERS LIMITED, incorporated and registered in England with company number 14941105 at Companies House, Cardiff.
“Irita Marriott Auction” means a public auction organised and administered by Irita Marriott Auctioneers and Valuers Ltd.
“Online Bidding Fee” means the additional charge levied on Lot(s) bought via the online bidding facilities at ‘the-saleroom.com’, or ‘easyliveauction.com’ where applicable.
“Reserve” the minimum price that the Vendor is willing to accept for their Lot(s) sold at auction.
“Sale Proceeds” means the net amount due to the seller, being the hammer price of the lot sold, less commission at the stated rate and any other amounts due to us by the seller in whatever capacity and however arising.
“Vendor” means the person(s) (including their agent (other than Irita Marriott), executors or personal representatives) offering Lot(s) for sale at any Irita Marriott Auction. If the Vendor is more than one person, each shall be jointly and severally responsible for of all obligations, liabilities, representations, warranties and indemnities of the Vendor set out in the Conditions of Business for selling through Irita Marriott Auctioneers and Valuers Ltd.
“Vendor’s Commission” means the commission on the Hammer Price realised for the Lot(s) in question payable to Irita Marriott by the Vendor at the agreed rate of 18% of such Hammer Price.
“Working Day” means a day other than a Saturday, Sunday or public holiday in England.
1.2 In these Conditions of Business, words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine.
1.3 The headings and sub-headings in these Conditions of Business do not form part of these Conditions of Business themselves but are for convenience only.
2. Registration process to bid at Irita Marriott Auctions
2.1 All prospective bidders must complete a registration form and provide the information we require to register you to bid. This includes identification to verify you (such as a passport or driving licence) and proof of your address dated from the last three months (council tax bill/bank statement/utility bill are accepted) and also your bank details. Details of how we use your personal information can be found in our Privacy Policy on our website. We may, at our sole discretion, if you fail to complete any identification and anti-money laundering checks to our satisfaction, decline to permit you to register as a Bidder and also entry into our premises. We also reserve the right to deny entry to any Irita Marriott Auction to any individual at our sole discretion.
2.2 Please note we do not accept cash or credit card payments.
2.3 We act as agent for the Vendor and any contract for the sale of Lot(s) at the Auction, whether placed in person, by telephone, or through Live Online Bidding, will be made between the Vendor and the Buyer (except where we have a direct or indirect financial interest in the Lot(s) in which case we will act as principal.) If you are bidding solely for yourself you will be held personally liable to pay the purchase price for the Lot(s) and all other sums due.
2.4 All bids must be made in English.
3. If you are bidding on behalf of another person
3.1 If you are bidding on behalf of another person who has been approved by us, you will act as agent for the third party and you and the third party will be jointly and severally liable for the Purchase Price for the Lot(s) plus any other Expenses and fees we reasonably incur.
4. Absentee bids
4.1 If we receive two or more Absentee Bids on a particular Lot(s) for the same amounts being the highest accepted bids, we will attempt, to the best of our ability, to sell the Lot(s) to the Bidder whose Absentee Bid was received or accepted first by us.
4.2 Due to other commitments at the busy period prior to the start of an Auction, we do not accept liability for any errors or omissions when dealing with Absentee Bids received by telephone, in writing or online.
5. Online bids
5.1 We also accept bids through Live Online Bidding at 'the-saleroom.com', ‘easyliveauction.com’ and 'iritamarriottauctioneers.co.uk’. For bidding via online portals - As well as these Conditions of Sale, the Internet bids through Live Online Bidding are governed by the respective online bidding providers’ terms of use. In the event of any conflict between these Conditions of Business and the saleroom.com terms of use, our terms will override. You agree that you will also strictly comply with all local laws and regulations in force if you are bidding online outside of the United Kingdom.
5.2 At some Irita Marriott Auctions, there may be a video or digital screen in operation for the convenience of bidders using Live Online Bidding. Errors may occur in its operation, the quality of the image reproduced on the screen and/or the correspondence of the screen image to the original. We do not accept liability for any such errors due to events beyond our reasonable control.
6. Conduct of an Irita Marriott Auction
6.1 We have discretion at any time to refuse any bid, withdraw Lot(s) or re-offer Lot(s) for sale if we believe there may be an error or dispute. We do not accept liability for any errors or omissions for any bids received by telephone, or online if the error/omission was beyond our reasonable control.
7. Bidders duty to inspect the Lot(s)
7.1 Our knowledge of the Lot(s) is dependent on the information provided by the Vendor and we are not able to carry out exhaustive due diligence of the Lot(s). Due to the nature of the Lot(s) sold, they are likely due to age to show signs of wear and tear, other imperfections, damage, restoration or repair. To assist you when inspecting Lot(s) we do provide condition reports upon request. You will also note that Lot(s) may have other faults not expressly referred to in the Catalogue or condition report. You acknowledge this and accept responsibility for carrying out inspections and investigations to satisfy yourself as to the Lot(s) you may be interested in.
7.2 Condition Reports - Reports on the condition of any Lot(s) are offered by Irita Marriott Auctioneers and Valuers Ltd as a statement of opinion only, and not of fact. Irita Marriott Auctioneers and Valuers Ltd are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given Lot(s) prior to bidding. Irita Marriott Auctioneers and Valuers Ltd will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
7.3 Viewing is available by appointment ONLY both for in person or virtually.
7.4 If you fail to take any of the above measures, you do so at your own risk. You will not be able to withdraw from the sale once your bid has been accepted without incurring financial consequences.
7.5 We make every effort to ensure the accuracy of any statement regarding the Lot(s), made verbally or in our catalogues; however we give no representations or warranties on any statement we make in respect of age, attribution, authenticity, authorship, condition, date, origin and provenance of the Lot(s), made verbally or in our catalogues.
7.6 If we sell a Lot(s) at Irita Marriott Auctioneers and Valuers Ltd, which prove to be a Deliberate Forgery, we shall refund only to the Buyer the total amount paid, this being the total amount the Buyer can recover from us. Neither we nor the vendor will be liable for any special, indirect or consequential losses or damages that the Buyer incurs as a result of the Lot(s) proving to be a Deliberate Forgery. In the event the Buyer believes the Lot(s) to be a Deliberate Forgery, the Buyer must:
7.6.1 notify us (i) no later than three years following conclusion of the sale of the relevant Lot(s); (ii) of the date of the Auction the relevant Lot(s) were purchased at and (iii) within 14 days of the Buyer receiving any information that makes them question the authenticity or attribution of the Lot(s);
7.6.2 be able to transfer good title in the Lot(s) to us free from any charges or third party claims; and
7.6.3 on our instruction, and at their cost, instruct two independent experts agreed by the parties to provide advice on whether the Lot(s) are a Deliberate Forgery. After deliberating the contents of the expert reports, and at our sole discretion (not being bound by such expert’s conclusions), if we determine that the Lot(s) is a Deliberate Forgery we will refund the total amount paid.
7.7 The Buyer has no right to a refund in the event of claiming the Lot(s) are a Deliberate Forgery where:
7.7.1 the Catalogue description of the Lot(s) at the time of the sale was the generally accepted opinion of scholars and experts;
7.7.2 if, at the date of its sale the only way of confirming the Lot(s) were a Deliberate Forgery was by scientific or other processes which were not available until after the Lot(s) was published in the Catalogue; or
7.7.3 we were not notified that the Lot(s) may be a Deliberate Forgery by the Buyer within the three years from the conclusion of the sale in accordance with clause 7.6.1.
8. At the Auction
8.1 Subject to our sole discretion, the person making the highest bid for any Lot(s) that is accepted by the Auctioneer at the Auction will be sold the Lot(s). The striking of the hammer by the Auctioneer marks the acceptance of the highest bid and formation of a contract for the purchase of the Lot(s) between the Vendor and the Buyer. The Buyer shall become legally responsible for the Lot(s) at fall of the hammer. We have the right to lawful possession of the Lot(s) until the Purchase Price and any other costs reasonably incurred by Irita Marriott Auctioneers and Valuers Ltd in connection with the storage of such Lot(s) has been paid in full and in cleared funds to us. The Buyer will be responsible for arranging and maintaining suitable insurance for the Lot(s) following the conclusion of the Auction.
8.2 If the Buyer fails to collect the purchased Lot(s) or no other arrangements for collection/delivery have been made, within 5 working days of the Auction, the Lot(s) will be stored at the Buyers expense and risk by us. Storage is charged at a rate of £5 per day per Lot.
8.3 If the Artists Resale Rights Regulation 2006 were to apply to any Lot(s), the buyer agrees to pay us an amount equal to the applicable resale royalty provided for in that regulation and we shall undertake to the Buyer to pay that amount to the relevant artist’s collection agent.
8.4 The Buyer will be liable to pay to us the Hammer Price, the Buyer’s Premium, the Online Bidding Fee and any Expenses (“Purchase Price”) in pounds sterling. Payment is due by the Buyer immediately following the sale of the Lot(s) irrespective of any export, import or other licences.
8.5 You will not become the owner of the Lot(s) until we have received payment of the Purchase Price in cleared funds. We are not obliged to release Lot(s) to the Buyer until you have become the legal owner. Immediately on the fall of the hammer, all lots shall be at the sole risk and expense of the respective purchasers. All buyers will be sent a payment request where possible via email. Telephone and cash payments are not accepted. A bank transfer is an accepted alternative. Credit cards are accepted at the discretion of Irita Marriott Auctions.
8.6 Following payment of the Purchase Price in cleared funds, the Buyer must collect the Lot(s) from our premises at their own cost within 5 working days from the date of sale.
8.7 Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.
8.8 The packing and handling of any Lot(s) is entirely at the Buyer’s risk and expense and we shall not, in any circumstances, be responsible for any acts or omissions of the packers or shippers. Irita Marriott Auctioneers and Valuers Ltd are able to offer a postage service. Please contact us to discuss your requirements.
8.9 All buyers/couriers must check their purchases prior to departure from the auction/saleroom. Irita Marriott Auctioneers and Valuers Ltd will accept no claims for loss or damage thereafter.
8.10 In the event of any Lot(s) remaining uncollected at the expiration of 40 days from the date of auction, or once the storage charges become greater than the hammer price of the Lot(s), whichever comes first, shall be re-offered by public or private sale. The Auctioneers shall retain, out of the hammer price realised, the cost of storage deducted from the sale proceeds and any other expenses of such re-sale and the balance (if any) shall be paid to the purchaser.
9 Non-payment of the purchase price
9.1 If the buyer fails to pay us the purchase price, we or the Vendor may within seven days of the Auction, and at our sole discretion, exercise the following rights:
9.1.1 store the Lot(s) at the Buyer’s sole risk and expense;
9.1.2 cancel the purchase of any or all of the Lot(s) by the Buyer;
9.1.3 resell the Lot(s) at an Irita Marriott Auctioneers and Valuers Ltd Auction or a private sale without prior notice and the Buyer will be liable for any shortfall arising from the resale together with costs and expenses incurred in connection with the resale;
9.1.4 hold the Buyer in breach of contract and commence County Court proceedings for the recovery of the Purchase Price together with interest, legal fees and all other costs associated with commencement of legal proceedings;
9.1.5 only release Lot(s) we hold upon payment of the Purchase Price and any associated storage costs; and refuse the Buyer entry into and decline all bids made by the Buyer at any future Irita Marriott Auctioneers and Valuers Ltd Auctions.
10 Import and Export of Lot(s)
10.1 The exportation of any Lot(s) from the United Kingdom or the importation into any country may be subject to one or more export, import, firearm, endangered species or other permit. Many countries require a declaration of export of property into the country. Local laws may prevent a Buyer from importing a Lot(s). We are not under any obligation to cancel the purchase and refund the Buyer the Purchase Price if the Lot(s) may not be exported, imported or if seized by any government authority.
11 Lots made of protected species
11.1 You should check the relevant customs laws and regulations before bidding on any Lot(s) which are made of or including endangered or other protected species of wildlife which includes amongst others: Ivory, Tortoiseshell, Crocodile skin, Rhinoceros’ horn, Whalebone, certain species of coral and Brazilian rosewood. Several countries refuse to import such materials and some countries require a licence from the relevant regulatory agencies.
12 The exclusion of Consumer Rights Legislation
12.1 Where the Lot(s) sold at Irita Marriott Auctioneers and Valuers Ltd are for second hand goods, the Buyer will be excluded from statutory consumer remedies and cancellation rights on the purchase of such Lot(s), e.g. vintage electrical and other vintage items sold as collectors’ items or ornaments not intended for use.
13 Our liability to Bidders and Buyers
13.1 We give no guarantees or warranties to the Buyer and any implied conditions or warranties, whether imposed by the Sale of Goods Act 1979 or otherwise (ii) in particular, any representation or statement we make by or is made on behalf of us, whether verbally by any of its directors, officers, employees, agents or sub-contractors or printed in any Catalogue or any advertisement, brochure, commentary, list, report or valuation, concerning any aspect or quality of any Lot(s), including age, attribution, authenticity, authorship, condition, date, origin, price, provenance, value, fit for purpose, description, size or importance is opinion only, may be amended prior to the Lot being offered for sale (including whilst the Lot is in public view) and is not to be taken as being or implying any warranty or representation of fact by us; and (iii) neither We nor any of our directors, officers, employees, agents or sub-contractors shall be in any way liable for any errors or omissions in any such representations or statements, save for any representations made fraudulently.
13.2 Except as it relates to any liability for death or personal injury resulting from our negligence (for which we in no way seek to exclude or limit our liability), our liability for any claim brought against us by any Buyer in respect of any Lot(s) shall be limited to the aggregate of the Hammer Price for the Lot(s) and the Buyer’s Premium actually paid to us in respect of the Lot(s).
14 Photographs, Images, Illustrations and Copyright
14.1 We shall be entitled to photograph, illustrate or otherwise produce images in our Catalogues, promotional literature and on either our own or any third party’s website of any Lot(s) for sale. The copyright in all such photographs, illustrations, images and written material produced by or for us in relation to any Lot(s) shall remain at all times our sole property. We have the right to use such photographs, illustrations, images and written material at any time and in whatever way we deem appropriate, whether or not in connection with the relevant Irita Marriott Auctioneers and Valuers Ltd Auction. The Buyer warrants that they shall not use any such photographs, illustrations, images and/or written material of or pertaining to that Lot(s) without our prior written consent and you shall fully indemnify us on a continuing basis against all costs, claims, demands, expenses, losses, damages and liabilities of whatsoever nature arising out of, or in connection with, any breach by us of this warranty.
14.2 The Vendor and Irita Marriott Auctioneers and Valuers Ltd make no representations and give no warranties as to whether any Lot(s) is subject to copyright or as to whether the Buyer of that Lot will acquire any copyright or other reproduction rights in it.
15 Value Added Tax
15.1 Irita Marriott Auctioneers and Valuers Ltd is non VAT registered.
16 General
16.1 No act, omission or delay by us shall be deemed a waiver or release of any of its rights under these Conditions of Business or otherwise.
16.2 Any notice or other communication shall be in writing and, if sent by post, shall be deemed to have been received by the addressee on the second working day after posting or, if the addressee is based outside the United Kingdom, on the fifth Working Day after posting. If any written notice is delivered by hand, it shall be treated as having been received at that time and, if any written notice is sent by email, it shall be deemed to have been received 24 hours after sending. Any notice sent to us should be sent to ‘Irita Marriott Auctioneers and Valuers Ltd, Williams Yard, Derby Road, Melbourne, DE73 8JR’ and quote the relevant sale date and either the Vendor’s reference number or the Buyer’s invoice number. Any notice that we send to you shall be addressed to the last address formally notified by us.
17 Law and jurisdiction
17.1 These Conditions of Business, and all aspects or all matters, transactions or disputes to which they relate, shall be governed by and construed in accordance with the laws of England. By bidding for any Lot(s) (whether present or by agent, by written bid, telephone or online) or offering any Lot(s) for sale at any Irita Marriott Auctioneers and Valuers Ltd Auction, the exclusive jurisdiction of the English Courts will apply to settle all disputes arising in connection with all aspects of all matters under these Conditions of Business.
17.2 You consent to service of process or any other documents in connection with any legal proceedings by personal service, delivery by mail, email, or in any other manner permitted by the laws of England or the law of the place of service at your last address known to us or any other usual address.
