she has made payment in full to Dix NoonanWebb of the ‘total amount due’ in pounds sterling.
9 (a) The buyer shall at his or her own expense take away the lot(s) purchased not later than 5 working days after the day of the auction but (unless credit terms have been agreed in accordance with Condition 7) not before payment to Dix NoonanWebb of the ‘total amount due’.
(b) The buyer shall be responsible for any removal, storage and insurance charges on any lot not taken away within 5 working days after the day of the auction.
(c) The packing and handling of purchased lots by Dix NoonanWebb staff is undertaken solely as a courtesy to clients and, in the case of fragile articles, will be undertaken only at Dix Noonan Webb’s discretion. In no event will Dix NoonanWebb be liable for damage to glass or frames, regardless of the cause.
10 Buyers’ responsibilities for lots purchased The buyer will be responsible for loss or damage to lots purchased from the time of collection or the expiry of 5 working days after the day of the auction, whichever is the sooner. Neither Dix NoonanWebb nor its servants or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its custody or under its control.
11 Remedies for non-payment or failure to collect purchase If any lot is not paid for in full and taken away in accordance with Conditions 6 and 10, or if there is any other breach of either of those Conditions, Dix Noonan Webb as agent of the seller shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against the buyer for damages for breach of contract.
(b) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction.
(c) to re-sell the lot or cause it to be re-sold by public auction or private sale and the defaulting buyer shall pay to Dix Noonan Webb any resulting deficiency in the ‘total amount due’ (after deduction of any part payment and addition of re-sale costs) and any surplus shall belong to the seller.
(d) to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, either at Dix Noonan Webb premises or elsewhere.
(e) to charge interest at a rate not exceeding 2 percent per month on the ‘total amount due’ to the extent it remains unpaid for more than 5 working days after the day of the auction.
(f) to retain that or any other lot sold to the same buyer at the sale or any other auction and release it only after payment of the ‘total amount due’.
(g) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtaining a deposit before accepting any bids in future.
(h) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the ‘total amount due’ and to exercise a lien on any property of the defaulting buyer which is in Dix NoonanWebb’s possession for any purpose.
12 Liability of Dix NoonanWebb and sellers (a) Goods auctioned are usually of some age. All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to the sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description. Subject to the obligations accepted by Dix NoonanWebb under this Condition, none of the seller, Dix NoonanWebb, its servants or agents is responsible for errors of descriptions or for the genuineness or authenticity of any lot. No warranty whatever is given by Dix NoonanWebb, its servants or agents, or any seller to any buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.
(b) Any lot which proves to be a ‘deliberate forgery’ may be returned by the buyer to Dix NoonanWebb within 15 days of the date of the auction in the
same condition in which it was at the time of the auction, accompanied by a statement of defects, the number of the lot, and the date of the auction at which it was purchased. If Dix Noonan Webb is satisfied that the item is a ‘deliberate forgery’ and that the buyer has and is able to transfer a good and marketable title to the lot free from any third party claims, the sale will be set aside and any amount paid in respect of the lot will be refunded, provided that the buyer shall have no rights under this Condition if:
(i) the description in the catalogue at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or
(ii) the only method of establishing at the date of publication of the catalogue that the lot was a ‘deliberate forgery’ was bymeans of scientific processes not generally accepted for use until after publication of the catalogue or a process which was unreasonably expensive or impractical.
(c) A buyer’s claim under this Condition shall be limited to any amount paid in respect of the lot and shall not extend to any loss or damage suffered or expense incurred by him or her.
(d) The benefit of the Condition shall not be assignable and shall rest solely and exclusively in the buyer who, for the purpose of this condition, shall be and only be the person to whom the original invoice is made out by Dix NoonanWebb in respect of the lot sold.
Conditions mainly concerning Sellers and Consignors
13Warranty of title and availability The seller warrants to Dix Noonan Webb and to the buyer that he or she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims. The seller will indemnify Dix Noonan Webb, its servants and agents and the buyer against any loss or damage suffered by either in consequence or any breach on the part of the seller.
14 Reserves The seller shall be entitled to place prior to the auction a reserve on any single item lot which has a minimum value of £100, being the minimum ‘hammer price’ at which that lot may be treated as sold. A reserve once placed by the seller shall not be changed without thc consent of Dix Noonan Webb. Dix NoonanWebb may at their option sell at a ‘hammer price’ below the reserve but in any such cases the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve. Where a reserve has been placed, only the auctioneer may bid on behalf of the seller.
15 Authority to deduct commission and expenses The seller authorises Dix NoonanWebb to deduct commission at the ‘stated rate’ and ‘expenses’ from the ‘hammer price’ and acknowledges Dix Noonan Webb’s right to retain the premium payable by the buyer.
16 Rescission of sale If before Dix NoonanWebb remit the ‘sale proceeds’ to the seller, the buyer makes a claim to rescind the sale that is appropriate and Dix NoonanWebb is of the opinion that the claim is justified, Dix NoonanWebb is authorised to rescind the sale and refund to the buyer any amount paid to Dix Noonan Webb in respect of the lot.
17 Payment of sale proceeds Dix NoonanWebb shall remit the ‘sale proceeds’ to the seller not later than 35 days after the auction, but if by that date Dix Noonan Webb has not received the ‘total amount due’ from the buyer then Dix NoonanWebb will remit the sale proceeds within five working days after the date on which the ‘total amount due’ is received from the buyer. If credit terms have been agreed between Dix NoonanWebb and the buyer, Dix NoonanWebb shall remit to the seller the sale proceeds not later than 35 days after the auction unless otherwise agreed by the seller.
18 If the buyer fails to pay to Dix Noonan Webb the ‘total amount due’ within 3 weeks after the auction, Dix NoonanWebb will endeavour to notify the seller and take the seller’s instructions as to the appropriate course of
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