BUYER’S CONDITIONS
1. INSPECTION: Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired.
2. PROPERTY AND RISK: The property in a lot shall not pass to the buyer until he has paid the purchase price in full but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Mealys such proportion of the purchase price as the Auctioneer may require. If the purchaser fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
3. REMOVAL OF GOODS: (a) No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyers risk and expense at the end of the Sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at risk of the buyer and subject to the minimum warehousing charges outlined below. If they are not paid for and removed within thirty days of the Sale the Auctioneer may re-sell them by Auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer, in respect of any loss, shall be restricted to a maximum of the price paid by the purchaser of the lot.
(b) Storage and warehousing charges: Please note that there will be no charge to purchasers who collect their lots within one week of the sale. On the Monday following one week after the sale, a transfer and administration charge of €10.00 per lot will be payable and a storage charge of €2.00 per lot per day will then come into effect. These charges are payable by the purchaser to Mealys and are subject to VAT.
(c) However, with regard to House Clearance Sales there will be a minimum charge of €20 per Lot for items not collected before 4 o’clock the following day. This will include removal to our warehouse at Castlecomer, after that €2 per Lot per day will apply for storage, (but not insurance).
(d) If any buyer fails to comply with any of the above conditions, the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the warehousing charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the auctioneer against the defaulters liability and may be appropriated in settlement of the liability.
It is the responsibility of the purchaser to have arrangements in place for the collection of items purchased . We can recommend Gibbons Removals & Storage, Kilkenny, for this service. Mealys have very limited storage facilities our our auction rooms .
4. If within 30 days after the Sale of any item, the Auctioneer receives a notice in writing from the Buyers by Registered Post that such an item is a deliberate forgery, together with the necessary evidence to satisfy the Auctioneers of such an allegation, then the Sale of that item will be rescinded and the net Purchase monies refunded (less any outlays incurred by the Auctioneers) to the Purchaser.
5. In the event of any dispute arising in relation to any of the foregoing, the matter shall be referred to an Independent Arbitrator to be agreed between the parties.
6. Mealys may at their option sell at a ‘hammer price’ below the reserve but in any such case 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.
7. The Title of any Article or Articles purchased will not pass until the Auctioneers receive full payment for same.
8. Any person purchasing an item or items, whether on behalf of a client or not, is responsible for payment of that item or items.
9. Under no circumstances can the Auctioneers accept Third Party Cheques either in full or Part Payment of any lot.
10. By participating in this Sale, all buyers and bidders agree to be bound by the terms of the conditions of business which appear in the catalogue for Sale.
11. From time to time Audio Visual Equipment is used to display items for Sale at Auction. This service is merely a reminder to the Customer of items viewed previously during View Days. We do not guarantee the quality of the item viewed, the accuracy of the images or guarantee the item on display is the item being sold. Disputes arising as a result of the displayed images will not be entertained.
IMPORTANT NOTES
Bids: We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Commissions Department by 4.30 p.m. Monday 9th July, 2012 and should be entered on the forms provided. Bank and Trade References are essential.
With regard to this Service – Mealys accept no responsibility for items not viewed, whether condition report has been given or not.
* Intending Buyers should note ‘live’ telephone Bids are limited to items with estimates in excess of €500 (Five Hundred Euro).
Bids left by telephone will be accepted only on the condition that they are at the senders risk and must in any case be confirmed in writing.
We accept no responsibility or liability for acts or omssions regarding any bids received after the deadline specified above.
CONDITIONS OF SALE
1. The highest bidder to be the buyer, and if any dispute arises between two or more bidders, the lot in dispute shall immediately be put up again and resold.
2. In the case of lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller.
3. The Purchasers to give their names and places of abode. The Auctioneers may request proof of identification and/or address of any purchaser attending or otherwise bidding at the sale.
4. The lots to be taken away and paid for, whether genuine and authentic or not, with all faults and errors of description at the buyer expense and risk, within one day of close of Sale; the Auctioneers not being responsible for the correct description, genuineness or authenticity of or any default or defect in any lot, and making no warranty whatever.
5. To prevent inaccuracy in the delivery and inconvenience in the settlement of the purchase, no lot can on any account be removed during the time of sale, and the remainder of the purchase money, must be paid absolutely on delivery.
6. Upon failure of complying with above conditions, the money deposited in part payment shall be forfeited. All lots uncleared within the time of aforesaid shall be resold by public or private sale, and the deficiency (if any) attending such resale, shall be made good by the defaulter at this sale.
7. Payment by cash or guaranteed cheques and all major credit cards. ( credit card payments subject to 3% surcharge / administrative fee )
8. Purchasers to pay 25 % (inclusive of V.A.T.) Buyers Premium on the final auction bid price.
All lots are sold within the auctioneers V.A.T. Margin Scheme. This V.A.T is not recoverable by any V.A.T .registered buyer.
Purchases through online bidding are subject to a surcharge of 3% in addition to the buyers premium stated above ( this surcharge is levied by the online bidding organisation )
9. Please note the auctioneers offer no After Sale Guarantee whatsoever, with regard to mechanical and electrical items, or fire arms. We accept no subsequent liability for any damage, loss or injury arising from the use of the foregoing.
10. All lots must be paid for and cleared by 4.30 p.m. on Friday, 13th July, 2012
All clearing is at the purchaser’s risk and expense. Any lots uncleared by 4.30 p.m. on Friday, 13th July, 2012, will be subject to Clause 3 of the Buyers Conditions and will be held in storage at the purchaser’s risk and expense.
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