All bids are final.
We charge a 15% + VAT Commission on the hammer price
1. Agents & Auctioneers. In these conditions Cullens of Surrey (COS) act only as auctioneers and agents for the seller. The representative of COS conducting the auction is called “the Auctioneer”.
“the buyer” means the person with the highest bid accepted by the auctioneer.
“the lot” means any item deposited with COS for sale at auction.
“the seller” means the person or persons claiming title to a lot or lots being sold by COS at auction.
“the hammer price” means the amount of the highest bid accepted by the auctioneers in relation to a lot.
“the reserve “means the amount below which COS agree with the seller that the lot cannot be sold.
3. Whilst COS make every effort to ensure the accuracy of their catalogues, COS will not be responsible for the correctness of the description or measurement or weight or genuineness or authenticity of any article. Whilst believed to be correct, descriptions are made as an expression of opinion only whether printed or orally and Lots are sold subject to all faults and errors in description. Buyers are responsible for satisfying themselves concerning the condition of the goods and the matters referred to in the catalogue description.
4. Electrical goods are not tested to ascertain if they are in working order. You are advised to have any electrical items checked over for compliance with safety regulations by a qualified electrician before use. Useless stated working / PAT tested. No refund will be given if the lot is not in working order.
5. The highest bidder shall be the buyer at the “hammer price” and any dispute shall be settled at the Auctioneers absolute discretion. The Auctioneer shall have the right to determine the advance of the bid. The auctioneer reserves the right to refuse any bid and of altering, adding to, dividing, consolidating or withdrawing any Lot or Lots at the sale or bidding on behalf of the Seller for all goods which are being offered subject to reserve or the auctioneers discretion. The Auctioneers shall be the sole arbitrators to every matter connected to the sale and their decision on each and every point in question shall be final and binding on all parties.
6. All conditions, notices, descriptions, statements, and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying the same made by the auctioneers from the rostrum.
7. Notwithstanding any other terms of these conditions, if within 7 days after the sale COS have received notice in writing from the buyer of a lot that in his view the lot is a deliberate forgery and it is returned by the buyer within fourteen days after the notification in the same condition as at time of sale with evidence (the burden of proof to be upon the buyer) that satisfies COS that in light of the catalogue entry the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price refunded. The seller and buyer agree to be bound by COS decision and in no circumstances will the buyer be paid more than the amount paid and the buyer shall have no claim for interest.
8. The Auctioneers shall not be held responsible for any default by either the Buyer or Seller and will not make payment to the seller until settlement is received from the buyer.
9. Every person on COS premises at any time shall be deemed to be there at their own risk and shall have no claim against COS in respect of any injury he/she may sustain or any accident that may occur damage or loss howsoever caused. COS shall have the right at their discretion to refuse admission to their premises to any person.
10. Telephone instructions given by seller or buyer are accepted at sender’s risk unless confirmed in writing.
BUYING AT AUCTION
11. The Buyer is deemed to have accepted these Conditions of Sale and notices by the making of any bid.
12. Buyers shall give, on request, their names and places of abode and/or business and to pay at the fall of the hammer the whole of the purchase money or such deposit as the Auctioneers may require.
13. All lots to be at the sole risk and charge of the buyer from the fall of the hammer and such lots to be taken away with all faults, defects and errors of description of whatsoever nature. No buyer shall be entitled to remove any Lot until he or she has paid for the whole of the Lots purchased in full. If requested to do so the purchaser must supply reasonable means of identification and a receipted account before removing any or all lots.
14. The purchaser shall pay the hammer price together with a Buyers Premium to which VAT will be added.
15. Commission Bids will be executed free of charge for those unable to attend the sale but only on receipt of written instructions. All commission bids are accepted only at senders risk and no refunds or allowances shall be made to senders in respect of any error in description, lot number or maximum bid made by the sender.
16. Full payment and collection of Lots by the buyer shall not exceed 3 working days after the day of sale and the buyer shall be responsible for any removal at their own risk and expense and storage and insurance charges on any Lot not so removed. (see point 26)
17. Payment shall be made by Debit Card, Credit, Card, Bank Transfer or cash. No over the phone payments will be accepted for all Jewellery & gold lots.
18. The sale of each lot shall be governed by English Law.
19. COS offer a live online bidding service via Easy live Auctions at certain sales for bidders who cannot attend the sale. In completing the bidder registration at Easy live the buyer is also bound by the terms and conditions of that provider.
SELLING AT AUCTION
20. Goods will only be accepted for sale provided an official COS Entry form is completed and delivered to the sale-room prior to sale. In default, the Entry Form to be completed by COS on behalf of the Vendor and vendor to be deemed to have read and agreed to Conditions of Sale. All goods delivered to COS are deemed to be delivered for sale by auction and unless otherwise stated in writing will be catalogued and sold by COS without reserve, by delivering the goods each seller acknowledges that he has accepted and agrees to be bound by these conditions.
21. The Seller warrants to the Auctioneers and Purchaser that he is the true owner or is properly authorised to sell the goods and will indemnify COS and the buyer against any loss or damage suffered in consequence of a breach of this condition.
22. COS have absolute discretion without giving reason to refuse any goods, to divide any Lot, to combine two or more Lots, to withdraw any Lot and in case of dispute to put up any Lot for sale again. COS reserve the right to declare any item unsaleable and to arrange for the disposal of such an item to a destructor without prior reference to the Vendor and to recoup all costs incurred from the Vendor.
23. COS sell as agent for the Vendor and as such is not responsible for any default by the Vendor, and may, in the case of Lots upon which there is a reserve price, exercise the right to bid on behalf of the Vendor. The Seller shall be entitled to place a reserve price on any lot prior to sale representing the minimum hammer price at which the Lot may be treated as sold, once placed a reserve price cannot be changed except by consent of COS. COS reserves the right to auctioneer’s discretion on all reserves.
24. Item collected COS for auction, unless payment is made in advance, the collection charge will be deducted from proceeds of sale. The Seller authorises COS to deduct commission and expenses at the prevailing rate and to retain the Buyers premium payable by the purchaser and waives any right to any interest that may be earned during the period from payment by the buyer to receipt of sale proceeds by the Seller.
25. The Seller indemnifies COS against any claims in connection with goods sold by COS on the Sellers behalf.
26. Storage and Insurance fees will apply to lots that remain un collected beyond 7 working days after the auction date. This applies to both purchased lots and unsold lots. Storage fees will be £2.50 per day for smalls lots and £5 per day per furniture lot. COS reserve the right to increase this where a lot is particularly valuable or oversized and requires more specialised attention.
27. A Vendor who sends goods for sale which are business assets must disclose to COS whether or not he is registered for VAT and declare their Registration Number if appropriate. A Vendor who is VAT registered supplying goods under the ‘Auctioneers Scheme’ must advise.
28. The Seller gives COS full and absolute rights to photograph any goods placed with COS for sale. All such photographs shall remain the property of COS and may be used at any time by COS whether or not in connection with the auction.
29. Where a Seller cancels instructions for sale, or where a lot is withdrawn for any reason other than authenticity, COS reserve the right to charge a fee based on the reserve price of the lot or where no reserve has been fixed the lower end of the estimate and any expenses incurred.
30. Where a lot fails to sell and a reserve has been agreed, the Seller shall make arrangements to either re-offer the lot or remove the lot in accordance with COS instructions
We accept the following payment methods: Credit/Debit Card, Cash, BACS Transfer
If you have any questions or queries please get in touch via email firstname.lastname@example.org or by telephone 02086489740