Wildflower Wanderer

WELDMAR HOSPICECARE CONDITIONS OF SALE

1. DEFINITIONS
In these Conditions:
(a) “auctioneer” means the firm of Duke’s or its authorised auctioneer, as appropriate;
(b) “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(c) “You”, “Your”, etc. refer to the buyer as identified in Condition 2.
(d) The singular includes the plural and vice versa as appropriate.

2. BIDDING PROCEDURES AND THE BUYER
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer’s absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Once made, no bid may be withdrawn.
(e) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.

3. INCREMENTS
Bidding increments shall be at the auctioneer’s sole discretion.

4. PAYMENT
(1) Immediately when a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash or in such other way as is
agreed by us.
(2) Any payments by you to us may be applied by us towards any sums
owing from you to us on any account whatever without regard to
any directions of you or your agent, whether express or implied.

5. TITLE AND DELIVERY OF PURCHASES
(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(2) You are responsible for arranging delivery of your lot directly with Sackville-West within 2 weeks of purchase. Arranging delivery with an alternative courier may be agreed in exceptional circumstances
(3) No purchase can be claimed or removed until it has been paid for.

6. REMEDIES FOR NON-PAYMENT OR FAILURE TO ARRANGE DELIVERY
(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 5 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions

7. BIDDING
If you are unable to attend the auction in person we will be pleased to execute commission (absentee) bids on your behalf. Commission bids may be submitted in advance in writing to Weldmar Hospicecare or Duke's on this occasion, by email, phone or in person, indicating the maximum amount to be bid. Full contact details (name,address, phone and email) must be provided. Lots will be purchased as cheaply as allowed by other bids and reserves. Where two or more commission bids at the same level are recorded, we reserve the right in our absolute discretion to prefer the first bid so made. Commissions must be received at least 24 hours before the auction to ensure execution.
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
Live bidding is available for most auctions via the www.thesaleroom.com (with no additional platform fees on this occasion), all you need is a digital device with internet connection. You will be able to bid in real time; a live audio feed means you can hear the Auctioneer at exactly the same time as the other bidders. You will see the lots on your computer screen as they appear in the auction room and the Auctioneer is aware of your bids the moment you make them. Prompt bidding is encouraged as bad internet connection can result in a slight stream delay. Clicking the bid button is a commitment to buy.

8. THIRD PARTY LIABILITY
Any person or their personal property at or on the auction premises, before, during, or after the auction, shall be deemed to be there at their own risk and will have no claim against the auctioneers in respect of any injury sustained, or accident which may occur.

9. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.

10. AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.

11. TERMS OF SALE
The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.

12. GENERAL
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
(1) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
(3) Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
(4) Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
(5) English law applies to the interpretation of these Conditions.

LIVE BIDDING

Duke’s Auctioneers are offering an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Duke’s Auctioneers you confirm that you are authorised to provide these credit card details to Duke’s Auctioneers through www.the-saleroom.com.