PIANO AUCTIONS LTD

Privacy Policy

PLEASE READ THESE SELLER AUCTION TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING US AS YOUR AUCTIONEER

What’s in these terms?

These terms tell you the rules for listing items with us for auction and what happens before, during and after the auction.
Click on the links below to go straight to more information on each area: Who we are and how to contact us. By listing any item with us for auction you accept these terms. There are other terms that apply to you.

  1. Formation of the contract between you and us.
  2. Our role and contractual relationship with you.
  3. Acceptance of seller and cancellation by us .
  4. Valuation .
  5. Your warranty to us regarding ownership of the goods and indemnity.
  6. Information you provide and how we may use it.
  7. Reserve price and bidding by you.
  8. Mechanics of auction.
  9. Receipt of the purchase price .
  10. Notifying you of the sale.
  11. Contract between you and the buyer .
  12. Payment of fees and commission.
  13. Payment to you following the auction .
  14. If your goods don’t sell at live auction .
  15. Cancellation by you .
  16. Following termination or cancellation .
  17. Care and safekeeping of your goods until auction .
  18. Loss or destruction of your goods .
  19. Compliance with law .
  20. Our power to rescind your sale for forgery and in other circumstances .
  21. Refunding the buyer .
  22. Our responsibility for loss or damage suffered by you .
  23. Waiver of liability and indemnity from you .
  24. Responsibility for import and export and endangered specimens .
  25. Which country’s laws apply to any disputes?
  26. Events beyond our control .
  27. Invalidity.
  28. Subcontracting and assignment .
  29. Entire agreement .
  30. Data protection .
  31. Set off .

Glossary.
Required additional information for sellers who are consumers.

Who we are and how to contact us
Our auction service is operated by Piano Auctions Limited a limited company (registration number 04717307). We are based at 18 Grove Place, Bedford, England, MK40 3JJ. The best way to contact us is by email ([email protected]) or by phone (01234 831742). Our VAT registration number is 810213003.

By listing any item with us for auction you accept these terms
By using our auction service by listing any goods with us for sale at auction, you confirm that you accept these terms and conditions and that you agree to comply with them. These terms and conditions cannot be disapplied or varied without our express agreement. If you do not agree to these terms, you must not use our auction service. We recommend that you print a copy of these terms for future reference (but note that we can change these terms from time to time in relation to future auctions).

There are other terms that apply to you
These Seller Auction Terms refer to the following additional terms, which also apply to your use of our auction services:

  1. Formation of the contract between you and us

1.1 When you complete our initial information form, these terms and conditions are attached to it. We ask you to provide your name and address, contact details, proof of identity and bank account details. Please see our Privacy Policy for information on how these details are stored and used. We also ask you to confirm in the form that you have read these Seller Auction Terms, the General Terms of Use, the Sale Conditions and the Auction Rules. The contract between you and us is formed after that point, when we receive the signed contract back from you (we recommend that you do this by email to avoid delay). 1.2 You expressly confirm that in entering into the contract with us you do so on your own behalf only and not on behalf of any third party as agent or otherwise unless we have specifically agreed with you in writing that we are willing to accept your instructions on behalf of a principal. We may require you to provide confirmation of your principal’s identity and your written authority to instruct us on their behalf.

  1. Our role and contractual relationship with you

We sell your goods as agents for you, the seller, and as such are not responsible for any default by you or by any buyer of goods you sell at auction through our auction service. When a bidder places the winning bid on your lot, the contract is between you and the buyer only and we are not a party to it. All sellers who use our service are agreeing that the Sale Conditions apply to their contracts with buyers to ensure that all sellers who are registered in our auctions treat their buyers in the same way, using the same set of terms and conditions. We are not responsible for any default by the buyer of the contract between you and the buyer in relation to the buyer’s purchase of your goods or otherwise.

  1. Acceptance of seller and cancellation by us

We may refuse to accept any lot for auction and may cancel our contract with you at any time prior to the auction without any liability on our part and in our sole discretion if:

  1. we believe that any warranty or information you have given us about yourself or the goods you wish to auction is untrue, inaccurate or misleading; or
  2. we believe that you are in breach of clause 19 of these terms relating to Compliance with Law; or
  3. we are unable to verify your identity and details in accordance with our “know your client” procedures; or
  4. we believe that you are a named individual or a national of a country on a UK or other relevant sanctions list with whom we are not legally allowed to do business; or

3.5 you have failed to make any payment due from you on time in accordance with these terms in relation to any contract between you and us; or 3.6 you act inconsistently and in breach of any of the terms and conditions applicable to you; or 3.7 we believe that you are engaged in any fraudulent or otherwise unlawful activity; or 3.8 we believe that you are acting as agent for an undisclosed principal; or 3.9 you fail to produce to us the documentation required by clause 24.2 to 24.6 not less than 5 business days before the auction.

  1. Valuation

We offer a free valuation service for prospective sellers who wish to use our auction service. This is an estimate of the amount we believe your goods could sell for and is based on photographs supplied by you, any serial number of your piano, your description of the piano, current market trends, past results for similar pianos and the provenance of the piano as reported to us by you. We do not carry out a physical inspection of the goods before preparing an estimated valuation and any valuation is not an exact figure and will usually be stated as a range (for example, £1,200-£1,800 or £3,000-£5,000 or £10,000-£15,000 or £40,000 to £50,000). We make no guarantee and give no warranty that your goods will achieve the amount of the valuation at auction (whether through us or anyone else) or if you decide to try to sell your property privately. It is the nature of auctions that there is no guarantee that the ultimate sale price will reflect that valuation. Our valuations are not suitable for use as an insurance valuation and are not provided for that purpose. We accept no liability if you use the valuation we have provided as the basis for your insurance cover. You must not share our valuation with any third parties and we have no responsibility in respect of our valuation to anyone but you.

  1. Your warranty to us regarding ownership and condition of the goods and indemnity

5.1 You warrant to us that you, the seller, are the true owner of the goods or are properly authorised to sell the goods by the true owner and that you are able to transfer a good and marketable title to the goods free from any third party claims. 5.2 You warrant to us that the goods are of satisfactory quality, in good working order and fit for purpose. 5.3 You will indemnify us, our servants and agents against any Losses suffered by us, our servants and our agents in consequence of any breach of the above warranties by you, including (but not limited to) Losses arising out of section 183 of the Law of Property Act 1925 (fraudulent concealment of documents and falsification of pedigrees).

  1. Information you provide and how we may use it

6.1 You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us for the performance of the contract between you and us, for example during the registration or listing process, including any photographs you send us. 6.2 You must promptly provide us with such information as we request relating to goods you wish to sell at auction, including information relating to the authenticity, attribution, provenance, date, age, period and condition of the goods in good time to enable us to prepare the Auction Catalogue and distribute it before the auction and from time to time prior to the auction.  You acknowledge that our requests for information may include requests for responses to specific queries raised by potential bidders and that your replies may be relied upon by those bidders when deciding whether to place bids and for how much. 6.3 You expressly warrant that all such information as you provide to us in relation to your goods or otherwise shall: (a) be honest and truthful and not misleading, (b) not infringe any third party’s rights, (c) disclose any material defects, faults or damage to the goods that affect their operation or render them unfit for purpose, and (d) not contain any viruses or other malicious computer programming routines. 6.4 You accept that as we are only your agent, neither we nor our employees or agents are responsible for errors of description or for the authenticity of any lot or for any misstatement as to any matter affecting the lot where such information came from you and that you are responsible to buyers for the accuracy of all such information. To the extent that information contained in any listing comes from us (for example, a description of the goods based on our own examination and expertise), we are responsible for the contents of that information but you expressly acknowledge that we do not carry out a detailed inspection of any goods listed for auction with us when they arrive at the warehouse of Griffin Transport UK Ltd and any description given by us in the Auction Catalogue is based on a superficial inspection without testing the goods or inspecting them beyond their surface appearance and obvious defects such as missing keys or strings. Our services do not include the provision of a detailed condition report in respect of your goods. We are not obliged to obtain expert opinions on any matters related to your goods, whether as to the condition or fitness for purpose of the goods, their title, provenance, history or otherwise. 6.5 Without limiting all of the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, bank details and other requested details. 6.6 You agree to indemnify us against any Losses however arising in respect of our receiving the goods or selling the goods at auction or in respect of any inaccuracies in the above information, including any Losses arising out of a claim for misrepresentation (including negligent misrepresentation or innocent misstatement) by any person or arising under or pursuant to section 183 of the Law of Property Act 1925 (fraudulent concealment of documents and falsification of pedigrees). 6.7 You must tell us straight away if your contact information changes at any time up to the date of the auction and in the two years after the date of the auction. If we have reasonable cause to believe any information you have provided us with is incorrect, we may withdraw your goods from the auction and may refuse to accept any future instructions from you to list an item at auction.   6.8 Notwithstanding the content of any information you provide, you agree that we will have a sole discretion as to how we describe your goods in the Auction Catalogue and elsewhere when marketing them for sale at auction and that we may use photographs we take or have taken of your goods in the Auction Catalogue and elsewhere. 6.10 You must not advertise your goods for private sale or auction elsewhere before the auction.

  1. Reserve price and bidding by you

7.1 You are entitled to place a reserve price (minimum price at which the lot may be sold) on any lot before the auction but it must not be any higher than the lower end of the range of our estimated value of your goods. If you wish to do so, you must tell us at least 4 days before the date and time set for the auction. Where a reserve price has been placed, only we may bid on behalf of you. Where no reserve price has been placed, you may bid personally or through the agency of any one person acting on your behalf but you are responsible for purchasing the goods if you (or the person bidding on your behalf) are the winning bidder when the hammer falls to denote that the auction sale has been completed. You must never arrange for more than one person to bid on your behalf or arrange for anyone to bid on your behalf if you are also bidding on your own behalf. 7.2 It is unlawful for you to bid yourself or employ any person to bid at the sale or for us to knowingly take any bid from you or any such person unless we have notified prospective bidders that you have reserved the right to bid or have someone bid on your behalf so you must only do so if no reserve price has been placed and we have had the opportunity to notify prospective bidders. You agree to indemnify us against all Losses arising from or in connection with your breach of this clause 7 and you acknowledge that a buyer of a lot which contravenes the law in this respect is entitled to treat the sale as fraudulent and withdraw from it and that we will have no liability to you in that event. 

  1. Mechanics of auction

In addition to the General Auction Rules (which you acknowledge you have read and are deemed to accept as if they were set out in these terms by entering into the contract with us): 8.1 We may set the date and time of the auction and the lot number of your goods in it at our sole discretion. 8.2 We may decide how bidders may bid on your goods in the auction at our sole discretion and are not obliged to make all of in person bidding, electronic bidding, telephone bidding and absentee bids available at all auctions. 8.3 In the event of a dispute as to any bid, we are authorised by you to determine the dispute and put the lot up again at the last undisputed bid. 8.4 If the successful bidder fails to supply their name and address or that of the person on whose behalf they have bid, we are authorised by you to put up the goods again at any time during the auction. 8.5 If you place a reserve price on a lot in accordance with clause 7.1, we are authorised by you to bid on your behalf at our discretion up to the amount of the reserve price, to buy in the goods on your behalf as unsold below the reserve price, to withdraw the goods as unsold if the reserve price is not reached or to sell the goods for an amount below the reserve price provided that if we exercise our discretion to sell the goods below the reserve price, we will adjust the commission payable by you pursuant to clause 12 downwards so that you receive the same amount as proceeds of sale as you would have done had the lot sold at the reserve price. 8.6 We are authorised by you to bid on behalf of those persons who have left with us before the auction written authority to bid on their behalf. 8.7 We may take reasonable steps to regulate the bidding and to refuse undesirable bids at our discretion.

  1. Receipt of the purchase price

9.1 You expressly authorise us to receive the hammer price to be paid by the winning bidder in respect of your goods on your behalf. 9.2 We are under no obligation to check the creditworthiness of any bidder at auction, including any buyer and, notwithstanding the contract for sale between you and the buyer you confirm that you authorise us to act as your agent in the collection of the purchase price and that we may, in our sole discretion, take such enforcement action and enforce such remedies as we consider reasonable in the event that  buyer fails to make payment in accordance with the Sale Conditions and Buyer Auction Terms.

  1. Notifying you of the sale

You are welcome to follow along with the auction live on easyliveauction.com or to check our results page (which will be updated as soon as possible following the end of the auction and in any case within 12 working hours) but we will also email you a post-sales advice letter, setting out the result of the auction promptly following the auction. This is an initial letter advising you of the sale only and the total amount of fees and commission payable by you will be notified to you later in a final settlement account.

  1. Contract between you and the buyer

11.1 Where your goods are put up for sale by auction in lots, each lot is the subject of a separate contract for sale with the applicable buyer, even if one buyer purchases more than one of your lots. The terms and conditions applicable to each such sale are the Sale Conditions. You acknowledge that you have read the Sale Conditions carefully and that you are sure that you do want to sell your goods under them. In relation to each lot, you warrant to us that you will sell the goods to the buyer at the hammer price at the conclusion of the auction on the Sale Conditions. 11.2 Notwithstanding clause 11.1, you expressly authorise us to terminate the contract between you and the buyer, acting as your agent, if: (a) the buyer fails to pay the purchase price (including the buyer’s premium and any online bid commission) in accordance with the Sale Conditions and the Buyer Auction Terms; (b) the buyer fails to produce their name and address and other required documentation to us promptly following the sale at auction; (c) the buyer fails to make arrangements to collect the goods promptly after paying for them in accordance with the Sale Conditions and the Buyer Auction Terms, and you authorise us to re-offer the goods for sale in the next UK auction we hold (which you agree will usually be approximately 90 days after the date of the auction in which the goods were originally listed for sale). 11.3 We reserve the right to claim against the buyer for any unpaid buyer’s premium, online bid commission, transfer fees, storage charges, handling fees, interest and any other sums (including all Losses) arising from a breach by the buyer of the contract between you and the buyer and/or the Buyer Auction Terms and to commence legal proceedings against the buyer. 11.4 If there is a dispute between you and a buyer, you will deal directly with the buyer and use reasonable endeavours to amicably resolve the dispute and to reach a negotiated settlement between you. If you and the buyer can’t resolve your dispute we may (if we choose to, in our sole discretion) agree to help you to [try to resolve your dispute with the buyer in good faith but we are not a formal mediation service or an arbitration or adjudication service and we have no authority to enforce any decision upon the buyer or to force them to participate in more formal dispute resolution procedures OR to resolve your dispute by making a decision on the dispute and settlement which will be binding on both you and the buyer, if the buyer is willing to agree that we will do so]. 11.5 If you are a trader, you expressly acknowledge that any buyer who is a consumer enjoys such rights and protections of the Consumer Rights Act 2015 and related consumer protection legislation as apply in respect of sales by public auction, in relation to the contract between you and them. 11.6 You will not bring legal proceedings against the buyer for any reason without first giving us notice of your intention to do so and you will keep us informed of the progress of any such proceedings. 11.7 If you are a business, you agree to comply in all respects at all times with our Privacy Policy in the use of the buyer’s personal data and you will indemnify us against all Losses arising out of a breach of this clause 11.7 and/or of clause 12 of the Sale Conditions.

  1. Payment of fees and commission

12.1 We charge you a flat seller’s commission of 15% of the hammer price of each sold lot plus any applicable VAT. 12.2 In addition, we you charge a fee of 1.5% of the hammer price of each sold lot to cover your property whilst in the care of Piano Auctions Limited plus any applicable VAT. 12.3 We also charge for any collection and storage fees applicable to your goods. You may arrange your own transport of your goods to our storage premises at Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX (at any time during our business hours (9am to 5pm) on the Monday, Tuesday or Wednesday in the week of the auction and not before then) but if you do not arrange your own carrier, we will use a third-party carrier to collect your goods from you and transport them to 1 Sydney Road, Watford. The cost of collection will depend on your location and other special requirements and will be quoted to you before the collection is booked and specified in the transport form. Storage fees up to the date of the auction are included within the collection fees unless we specifically tell you otherwise at the time you enter into your contract with us. Additional charges will apply in the event that: you are not available for the carrier to collect the goods on the appointed day (we are not able to give an exact time or a time window for collection), you have not told us about steps/stairs into the property or inside the property to get to the goods, you have not told us about problems with access to the property (including issues like parking restrictions, loading restrictions, lack of accessible parking, the property being in a block of flats), you having given us inaccurate measurements for the piano, it not being possible or not being practical to remove the piano without disassembly. 12.4 All commission and fees are deducted from the hammer price of your goods paid by the buyer of them before the balance of the sale price is paid to you. You expressly authorise us to deduct all seller’s commission (plus any VAT chargeable) and any other sum due from you to us in accordance with these terms from the hammer price of the lots you have placed with us for sale. 12.5 We will add a buyer’s premium (plus applicable VAT) and in some cases online bid commission (plus applicable VAT) to the amount invoiced to the buyer and you expressly confirm that we are entitled to collect and keep this sum on our own account. 12.6 Any applicable VAT is added at the rate in place on the day of the auction to which the commission or fees relate. We do not give advice or information relating to VAT law and HRMC practice to any seller.

  1. Payment to you following the auction

13.1 Unless the contract between you and the buyer is rescinded under clause 20 or otherwise terminated in circumstances where a refund (in part or whole) is due to be made to the buyer, the balance due to you in respect of a lot after deduction of commission and our fees and any other sums due from you under these terms will be paid into your bank account in pounds sterling within 21 days following receipt from the buyer via bank transfer to the account you specify in the initial information form. 13.2 If you enter more than one lot in an auction and more than one lot is sold at the auction, we will (subject to recission under clause 20 or other termination in circumstances where a refund (in part or whole) is due to be made to a buyer) pay to you the total balance due to you in respect of all sold lots after deduction of commission  and our fees and any other sums due from you under these Terms into your bank account in pounds sterling within 21 days following receipt from the last of the buyers via bank transfer. 13.3 Where possible, we will use the faster payment service. If this is not possible (for example because of limits on the amount we can send using the faster payment service), we will send the funds by BACS transfer, which is not a same day service.

  1. If your goods don’t sell at live auction

14.1 We will endeavour to sell the goods at the live public auction on the day of the auction using reasonable care and skill but we give no warranty that your goods will sell at the live auction or that they will meet any reserve which you set for them. 14.2 If any lot fails to sell during the course of a live public auction at the auction premises, our auctioneer will declare that it is an unsold item on which bidding has not closed and which remains available for bidding by written bids for a period of up to 14 days until we accept a bid (“the aftersale period”) and that the auction therefore remains open during the aftersale period. 14.3 You agree that we may accept a bid during the aftersale period: (a) immediately once the reserve price is reached or exceeded, if the lot is subject to a reserve; or (b) immediately when we exercise our discretion to accept a bid below the reserve price, if the lot is subject to a reserve provided that if we do so we must adjust the total commission payable by you pursuant to clause 12 downwards so that you receive the same amount as proceeds of sale as you would have done had the lot sold at the reserve; or (c) immediately when we exercise our discretion to accept a bid if the lot is not subject to a reserve provided that if we do in respect of a bid below the lower end of our valuation of the lot, we must adjust the total commission payable by you pursuant to clause 12 downwards so that you receive the same amount as proceeds of sale as you would have done had the lot sold at the lower end of our estimated valuation of the lot (if no reserve was set); or (d) immediately if we ask for and receive from you your unconditional authority to accept a bid. 14.4 We continue to act as your agent during the aftersale period and the auction continues to be subject to these terms and to the General Auction Rules throughout the aftersale period. 14.5 If a lot fails to sell in accordance with clause 14.2 and 14.3 through the aftersale process, you must make arrangements with us either to re-offer the lot for sale at our next live public auction or to collect the lot promptly. If you do not make such arrangements with us:

  1. within 7 days of notification, you will be responsible for any removal, storage and insurance expenses we incur; and
  2. within 3 months of notification, we will have the right to sell the goods at auction without reserve and to deduct from the hammer price any sum owing to us, including removal, storage and insurance expenses we incur, commission in respect of the first auction, commission on sale at the second auction (in each case together with any applicable VAT) and all other reasonable expenses before transferring the balance to your bank account in accordance with these terms.

14.6 If you make arrangements with us to re-offer the lot for sale, this contract between you and us will continue and will apply to that re-offered lot. If you are a consumer, it is our view that you will not have a legal right to cancel in that situation but we agree that clause 15.2 will apply to the re-listing and that you will have a right to cancel the contract for any reason for a period of 14 days from the date on which you tell us to re-offer the lot for sale as if you do.

  1. Cancellation by you

15.1 If you are not a consumer and you cancel your instructions for sale after the contract between us is entered into, we reserve the right to charge a fee equal to the flat seller’s commission of 15% of the lower end of our latest estimate of the auction price of the goods withdrawn, plus applicable VAT. If you cancel 5 days or less before the auction date, we will charge you in addition for services actually performed during set up in readiness for the auction including administration, cleaning, tunings, parts replacement (including the cost of parts as well as labour). 15.2 If you are a consumer, you have a right to cancel the contract between you and us within 14 days of its date without giving any reason unless the date of the contract is less than 14 days before the date of the auction your goods are listed for (in which case, the right to cancel will expire on the day of the auction). The cancellation period will expire 14 days after the date of conclusion of the contract, regardless of when the auction is to be held afterwards.

  • To exercise the right to cancel, you must inform us, Piano Auctions Limited of 18 Grove Place, Bedford, England, MK40 3JJ (email: [email protected]) of your decision to cancel this contract by a clear statement (for example a letter sent by post or email). You may use the model cancellation form set out below but it’s not obligatory.
  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired but please bear in mind that if we don’t know that you wish to cancel by the date of the auction, we will have no reason not to include your goods within the auction so you must make sure that we know before the auction if you want to withdraw your permission to act as your agent and sell your goods. We will not be responsible for any losses you suffer if your goods are sold at auction in circumstances where you have not made sure that we know you want to cancel before the date and time set for the auction.
  • If you cancel this contract, you will pay us an amount which is in proportion to the services which have been performed up to the point at which you have communicated your cancellation to us, in comparison with the amount you would have paid us had the contract been performed by us in full. This may include a reasonable administration fee and the costs to us of collecting, storing and insuring your goods if we have done so.

Model Cancellation Form: To: Piano Auctions Limited of 18 Grove Place, Bedford, England, MK40 3JJ (email: [email protected]) I/We hereby give notice that I/we cancel my/our contract for the supply of the following service: acting as my/our agent to sell the following goods at auction [INSERT DETAILS OF GOODS TO BE AUCTIONED]. Contract date: Name of consumer(s): Address of consumer(s): Signature of consumer(s) (if notification is given by post): Date: 15.3 If you are a consumer, and you want to cancel your instructions for sale after the end of the cancellation period set out in clause 15.2, we reserve the right to charge a fee for services actually performed up to the date of your cancellation. If you cancel 5 days or less before the auction date, we will charge you in addition for services actually performed during set up in readiness for the auction including administration, cleaning, tunings, parts replacement (including the cost of parts as well as labour). 15.4 If you cancel this contact (regardless of whether or not you are a consumer), you are responsible for arranging to collect your goods from the Griffin Transport warehouse at 1 Sydney Road, Watford, WD18 7XX promptly and for all expenses in connection with doing so. 15.5 If you purport to cancel the contract or withdraw a lot after the auction has ended in relation to a lot where the lot did not sell at auction, clause 14.3 shall apply. 15.6 You acknowledge that the buyer may have a claim against you for breach of contract in the event that you purport to cancel the contract or withdraw a lot where the lot has received bids or which has ended with a successful bidder and that we will have no liability to you or to any bidder or the buyer in respect of your purported cancellation or withdrawal. You will indemnify us against all Losses arising directly or indirectly out of your purported cancellation or withdrawal in such circumstances. In particular, you agree to pay to us an amount equal to the buyer’s premium and online bid commission (plus any applicable VAT) which would have been due to us had you not purported to cancel the contract or withdraw the lot, calculated on the higher of the highest bid received, the hammer price, the reserve and the lower end of our latest estimate of the auction price of the goods.

  1. Collection of goods following termination or cancellation

16.1 If: (a) we cancel or terminate the contract between you and us for one of the reasons set out in clause 3 above; or (b) we terminate the contract between you and us because you are in breach of any material term of these terms or any other terms, rules or policies which apply to you; or (c) you cancel or terminate the contract between you and us for any reason other than as specified in clause 16.2, including the exercise of your right set out in clause 15.2 if you are a consumer, you will be responsible for arranging the collection of all goods you have left with us from the Griffin Transport warehouse at 1 Sydney Road, Watford, WD18 7XX and you agree to pay or indemnify us against all expenses already incurred by us in preparing the goods for sale or otherwise performing our obligations under the contract between you and us. 16.2 If you cancel or terminate the contract between you and us because we are in breach of any material term of these terms or any other terms, rules or policies which apply to us, you will be responsible for arranging the collection of all goods you have left with us promptly from the Griffin Transport warehouse at 1 Sydney Road, Watford, WD18 7XX but we will be responsible for the reasonable costs and expenses arising in connection with returning the goods to you provided that you arrange to collect them within 14 days of cancellation or termination.

  1. Care and safe keeping of your goods until sale

17.1 Until the auction set up period (which begins at the start of business on the Monday of the week of the auction), we bear no responsibility for any loss or damage to your goods howsoever caused because they are not under our control, even if they are held at the Griffin Transport Warehouse during that time. After the auction set up period begins until sale or the close of business on the Friday following the date of the auction (whichever comes first), we will exercise reasonable care in the custody, management and safe keeping of your goods and we will notify you immediately of:

  1. any claim to your goods or to any interest which is raised or intimated by a person other than you;
  2. any intelligence that is received by us or comes to our notice to the effect that someone other than you asserts a claim to your goods adverse to that of your claim or questions your title to your goods.

In this context “reasonable care” means such degree of care and custodial responsibility in regard to your goods as a reasonable person in our position, entrusted with possession of the goods by you, would and could reasonably be expected to exercise towards your goods, having regard to all the circumstances of our holding of them for you pending sale at auction. In the event of theft, loss, destruction, damage or other physical or economic impairment of your goods before sale at auction, we are responsible for proving (on the balance of probabilities) that it did not result from and was not contributed to by our breach of the duty of reasonable care referred to in this clause 17.1. 17.2 At any time after the beginning of the auction set up period while the goods are in our possession or under our control, we will not, under any circumstances (without your authority):

  1. keep your goods at any premises other than Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX; nor
  2. cause or permit a person other than the buyer of your goods at auction to take, assume, receive or enjoy the possession of the goods.

  1. Loss or destruction of your goods

18.1 We are not responsible for your goods while they are in transit to Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX for storage until the auction or during the period of storage until the auction set up period begins. 18.2 Your goods are at our risk during the auction set up period while they are in our possession at Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX until risk in your property transfers to the buyer or until you fail to make the arrangements required by clause 14.3 after your goods fail to sell, whichever is the earlier and we will inform you as soon as reasonably possible by phone and email if we become aware of any loss or disappearance of, or destruction of, or incident of damage occurring to your goods during this time. We maintain insurance on all goods in our possession during such at risk period against fire and water damage but not against accidental damage or breakage. The value of the goods for the purpose of insuring them shall be the lower end of the range of our estimate of the value of the goods.

  1. Compliance with law

19.1 You will not use the auction service we provide for money-laundering, bid rigging, shill bidding, price fixing or other unlawful collusion, price signalling or for any other unlawful or unethical purpose. 19.2 If our auctioneer becomes aware or reasonably suspects shill bidding is taking place or has taken place, they will remove the lot or lots in question from the auction. 19.3 You agree to indemnify us, our servants and agents against any Losses howsoever arising in respect of a breach by you of clause 19.1 or our taking action pursuant to clause 19.2. 19.4 We may report any suspicious activities of any kind to the appropriate authorities and may provide your personal information to the appropriate authorities in this regard. Please review our Privacy Policy for more information on when we may disclose your personal information to third parties.

  1. Our power to rescind your sale for forgery and in other circumstances
  1. Without obligation and notwithstanding any other clause of these terms (including clause 11.1), if:
  1. within 90 days after the sale of your goods at auction, we receive notice from the buyer that in the buyer’s view the goods are a forgery (including where a piano is not made by the maker shown on it or the provenance relating to a piano is false); and
  2. within 7 days after such notification, the buyer returns the goods to us in the same condition as at the time of sale and, by producing evidence (the burden of proof being on the buyer), satisfies us that, considered in light of the entry in the Auction Catalogue, the goods are a forgery; and
  3. the buyer is able to transfer a good and marketable title to the goods free from any third party claims,

then the sale of the goods will be rescinded and the purchase price refunded to the buyer by you. You agree to be bound by our decision. In deciding whether or not the goods are a forgery, we shall be entitled to seek the views of any expert or other authority and you agree to reimburse the costs and expenses (including VAT) of doing so to us immediately on demand. You expressly agree that we may retain the goods beyond the auction date to investigate any question raised or reasonably expected to be raised by a buyer. You undertake to indemnify us against all Losses that we incur in responding to any claim made by a buyer pursuant to this clause 20.1, including (but not limited to) legal advice and other expenses incurred in investigating or defending the claim.

  1. Without obligation and notwithstanding any other clause of these terms (including clause 11.1), if we reasonably believe there is a material breach of your representations and warranties to the buyer or an adverse claim is made by a third party, the contract for sale shall be cancelled (rescinded) with immediate effect by written notice by us to you and the buyer.
  2. If at any time during the contract between you and us or during the contract between you and the buyer for the sale of goods, you or the buyer become a Sanctions Target, are subject to Sanctions Proceedings or contravene Sanctions or anything occurs that could reasonably be expected to result in any of these things happening, we may in our absolute discretion notwithstanding any other clause of these terms (including clause 11.1) and without affecting any other right or remedy available to us:
  1. terminate the contract between you and us with immediate effect by written notice to you; and/or
  2. cancel (rescind) the contract for sale between you and the buyer, with immediate effect by written notice to you and to the buyer.
  1. If we become aware of a breach by you of clause 24 of these terms, we may in our absolute discretion notwithstanding any other clause of these terms (including clause 11.1) and without affecting any other right or remedy available to us:
  1. terminate the contract between you and us with immediate effect by written notice to you; and/or
  2. cancel (rescind) the contract for sale between you and the buyer, with immediate effect by written notice to you and to the buyer.
  1. Notwithstanding any other clause of these terms, if we give you notice that we are electing to rescind the sale pursuant to clause 20.1, 20.2, 20.3 or 20.4, you will:
  1. at our option, within 5 days of such notice, either:
    1. return all sums which we have paid to you in respect of the goods to us and (unless the sale is rescinded under clause 20.3(b) in circumstances where the buyer is the subject of Sanctions Proceedings or a Sanctions Target or contravenes Sanctions or anything occurs that could reasonably be expected to result in any of these things happening) pay to us in addition an amount equal to the buyer’s premium which would have been due in respect of the goods to us if they had sold at the hammer price, together with any applicable VAT; or
    2. refund the whole of the purchase price (including any buyer’s premium and applicable VAT paid by the buyer) to the buyer; and
  2. promptly arrange collection of the goods from the Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX or from the buyer (as the case may be) at your expense.

We will have no additional liability to you in relation to such rescinded contract(s).

  1. Notwithstanding any other clause of these terms, if we give you notice to rescind the sale pursuant to clause 20.1, 20.2, 20.3 or 20.4, you will indemnify us in full against any Losses we incur or suffer arising directly or indirectly out of such rescission, except where rescission pursuant to clause 20.3(b) is due to the buyer’s status, rather than yours.
  2. You agree to cooperate and promptly provide us with all such information as we might reasonably require to assist us in deciding whether to rescind this contract and/or the sale contract pursuant to this clause 20.
  3. Notwithstanding any other clause of these terms, we may terminate the contract between you and us on immediate notice at any time if we give you notice to rescind the sale of goods pursuant to clause 20.1 or 20.2.

  1. Refunding a buyer

21.1 You expressly authorise us to refund a buyer out of any funds we hold on your behalf from time to time in the event that the contract between you and the buyer is terminated or rescinded (including any refund pursuant to rescission actioned by us under clause 20) in circumstances where a partial or full refund is due to the buyer. If we do not hold sufficient funds to pay the refund after deduction of all commission, fees and other sums due to us out of the monies received from the buyer (including the buyer’s premium and online bid commission, where we are entitled to retain them), you must pay to us the balance due within 2 business days of a request from us to do so or, at our option, pay the balance directly to the buyer. 21.2 If a refund becomes due to be paid to a buyer in any circumstances after we have paid the balance of the purchase price to you in respect of those goods, you agree to within 2 days of such refund becoming due, pay such amount of the refund as is due to the buyer and you agree to indemnify us against any Losses arising out of your breach of this clause 21.2. 21.3 If you are required or agree to refund all or part of the hammer price for the goods under your contract with the buyer for any reason, we shall be entitled to retain all commission (including the buyer’s premium and online bid commission) and fees which have been actually paid to us in respect of the goods and if we refund the whole of the hammer price to a buyer without retaining such amounts, you must pay to us the whole of the amount due to us under the Buyer Auction Terms in respect of such goods within 2 days of demand, notwithstanding the termination of your contract with the buyer.

  1. Our responsibility for loss or damage suffered by you

Whether you’re a consumer or a business seller:

  1. We don’t exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation by us or by our employees, agents or subcontractors.
  2. We only accept responsibility for failures in the service we provide, namely that of an auctioneer acting as your agent.
  3. We do not accept responsibility to buyers for any breach of your contract with them, including:
  1. any failures in the goods which buyers buy from you; or
  2. any inaccuracies in the provenance and other information relating to goods set out in the Auction Catalogue to the extent that such information comes from you.
  1. Unless we expressly agree to arrange transport for you, your carrier who collects goods from you for delivery to Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX is not our employee, agent or subcontractor and we have no responsibility for its actions, even if we have recommended the carrier to you.
  2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our use of the website easyliveauction.com as a platform for accepting bids online, including the unavailability of such website during the scheduled auction.
  3. We do not charge for administering in person, telephone and absentee bids. We will use reasonable care in doing so but only accept liability for failure to execute such bids when such failure is due to our fraud or wilful misconduct.
  4. We do not accept any liability relating to the exercise of the auctioneer’s discretion in accordance with the General Auction Rules except in the case of fraud or wilful misconduct.

If you are a business seller:

  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our services.
  2. Except as expressly set out in clause 22.1 above, the limit of our liability to you will be the greater of:
  1. 8% of the hammer price of the lot to which your claim relates; and
  2. the reserve price of the lot to which your claim relates (if any);
  3. the highest bid in respect of an unsold lot to which your claim relates; and
  4. £10,000.
  1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. wasted expenditure;
  5. loss of business opportunity, goodwill or reputation; or
  6. any indirect or consequential loss or damage.

If you are a consumer seller:

  1. Please note that we only provide our services for your domestic and private use. You agree not to use our services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  2. Notwithstanding the provisions of this clause 22, nothing in these terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.

General release

  1. We act merely as auctioneers, acting as your agent. We don’t vet buyers before allowing them bid on lots at auctions and, as such, we are not responsible for any default by a buyer.

  1. Waiver of liability and indemnity from you
  1. In recognition of the general release contained in clause 22.13:
  1. you waive any claim you may have against us that is in any way connected with a dispute you have with a buyer or a bidder or any other user of our auction services.
  2. you agree to indemnify us for any Losses or liability we suffer as a result of any claim against us by any buyer, bidder or third party as a result of your dispute or in relation to your dealings with such person, including any claims related to goods sold by you at our auction, even where the claim relates to defective items, misrepresentation by you or for goods that cause injury or other harm to people or property (including product liability claims).
  1. The waiver and indemnity set out in clause 23.1 won’t apply in the event of any fraud or wilful misconduct by us.
  2. In the event that the aftersales process set out in clause 14 is ruled by a court or regulatory body with competent authority to not be a public auction:
  1. you waive any claim you may have against us that in any way arises out of that determination connected with a dispute you have with a buyer or a bidder or any other user of our auction services;
  2. you agree to comply in all respects with applicable law including consumer protection laws arising out of that determination and with the terms of the determination itself.

  1. Responsibility for import and export and endangered specimens

24.1 We are not responsible for advising any seller or buyer on import and export restrictions and regulations relating to any goods bought or sold at auction, including documentation required and taxes, duties and fees payable. If you are arranging the transport from outside the UK of goods to us for sale at auction, it is your responsibility to ensure that you are properly able to export the item you wish to list for auction from your own country into the UK and to pay all taxes, duties and fees of any kind relating to the export of the item from your country and its import into the UK for sale. We make no representation and accept no liability whatsoever to you in respect of the issuance or validity of any export or import permits or the existence and exercise of export or import regulations. 24.2 If the goods include a specimen of any species listed in the Convention on International Trade in Endangered Species of Species of Wild Flora and Fauna (CITES) (listed in Annex A, B or C in Species+ (https://speciesplus.net/)) and you are importing the goods into the UK for sale, you are responsible for obtaining a CITES permit to import the endangered species from the UK Animal and Plant Health Agency (APHA) and you must produce this to us not less than 5 business days before the auction. 24.3 You must not list any item with us for sale which contains ivory from an elephant, hippopotamus, killer whale, narwhal or sperm whale without presenting the required exemption certificate from the APHA to us not less than 5 business days before the auction to enable you to lawfully sell the goods at auction in accordance with the Ivory Act 2018. 24.4 You must obtain an “Article 10 CITES certificate”, also known as a commercial activity certificate, from the APHA if the goods include a specimen of any species listed in Annex A to CITES and a certificate is required by Article 10 of CITES in relation to your ownership and/or sale of the goods and produce it to us not less than 5 business days before the auction. 24.5 If you are exporting the goods from another country into the UK and there is any requirement (including under CITES) to obtain an exemption or certificate in relation to such export due to the goods including a specimen of an endangered or protected species under the law of the country of export, you are responsible for obtaining such exemption or certificate and for producing it to us not less than 5 business days before the auction to confirm that the goods were lawfully exported from their country of origin. 24.6 If we have expressly agreed with you before the date of the contract between us and you that we will obtain any of the documentation referred to in clause 24.2 to 24.4, we will be responsible for doing so before the date of the auction.

  1. Which country’s laws apply to disputes?

25.1 If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law, which means that the laws of England apply, but as a consumer you also enjoy the protection of mandatory consumer protection provisions of the law in the country in which you live. Any disputes are subject to the non-exclusive jurisdiction of the English Courts. Wherever you live, you can bring claims against us in the English courts. If you live outside England, you can bring a claim against us in the country in which you live. 25.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England. 25.3 The provisions of clause 11.4 apply in relation to any dispute between you and your buyer. 25.4 If the buyer or the seller is outside the UK, it may be that local law says that the application of English law in the Sale Conditions this is not valid and that some other rule applies. We do not have expertise in laws other than English law and it is for you to establish whether your or your buyer’s local laws have an impact on the application of the Sale Conditions to your sale.  You acknowledge that we don’t limit the buyers who can bid on lots at auction geographically. If the buyer who places the winning bid resides outside of the UK and applicable laws local to them apply to the sale, you agree to be bound by those local laws in all respects by placing your goods in our auction. 25.5 The General Auction Rules include rules for dealing with disputes arising at and in connection with the auction itself and its conduct and mechanics and those rules apply as if set out in these terms.

  1. Events beyond our control

We will not be in breach of our contract with you or otherwise liable for any failure or delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including (without limitation) strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. Circumstances beyond our reasonable control expressly include the unavailability of easyliveauction.com for any reason during the auction, which may affect the bidding on your goods during the auction.

  1. Invalidity

If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.

  1. Subcontracting and assignment

28.1 We may transfer our rights and obligations under these terms to another organisation. If you are a consumer we will ensure that the transfer will not affect your rights under the contract between you and us. 28.2 We may subcontract or delegate any of our obligations under this contract to any party we choose without getting your permission first. We use Easy Live Auction to provide integrated live bidding services at our auctions but we may change our supplier of bidding services at any time and don’t need your permission to do so. 28.3 If you are a business, you may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under these terms. 28.4 If you are a consumer, you need to get our consent before you can transfer any of your rights and obligations under the contract but we won’t unreasonably withhold our consent. 

  1. Entire Agreement

Unless you are a consumer, these terms, together with any other document expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous rules, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Except for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

  1. Data Protection

30.1 Please review our Privacy Policy carefully before deciding whether to place your goods in an auction arranged by us. In particular, please note that there are some circumstances where we will share personal information with relevant authorities (see clause 19.4 above). We also reserve the right to disclose your identity and contact details in accordance with clause 14.5 and to any party to the sale and purchase of the lot you are selling who contacts us alleging that there is a breach of the contract between you. This applies to both business and consumer sellers. 30.2 If you are a business, you agree to comply with the seller provisions set out in our Privacy Policy, which include requirements relating to your use of the personal information of buyers. You agree to fully indemnify us against any Losses arising from your failure to comply with the seller provisions set out in our Privacy Policy, including any penalties.

  1. Set Off

We may set any sum due from you against any sum which we receive on your behalf at any time, whether it relates to the sale of the same item or not.

  1. Third Party Rights

32.1 The contract between you and us does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract. 32.2 The rights of the parties to rescind or vary this contract are not subject to the consent of any other person.

  1. Waiver

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to do, but that does not mean we cannot do it later. Glossary In these terms, the following words have the following meanings: Auction Catalogue: our electronic and hard copy of all lots included in one of our auctions, including information about each lot, including our then current Auction Catalogue which includes all the lots included in the next coming UK auction to be held by us. Bidder: someone who places a bid on a your lot at auction. Buyer: someone who places the winning bid on a particular lot at auction and thereby enters into a contract to buy the lot from you. Buyer’s premium: commission on the hammer price payable by the buyer to us in addition to the hammer price in relation to an individual lot, plus applicable VAT. Hammer price: the highest bid for your goods in a single lot which we accept as auctioneer. Losses: all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and professional costs and expenses. Lot: an individual object or group of objects offered for sale at auction as a single unit. Online bid commission: commission on the hammer price payable by the buyer to us in addition to the buyer’s premium where the buyer bids online, plus applicable VAT. Purchase price: the total amount to be paid by a buyer in respect of a lot, namely the hammer price, the applicable buyer’s premium and any applicable online bid commission plus all applicable VAT. Sanctions: any laws or regulations relating to economic or financial, trade, immigration, aircraft, shipping or other sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a Sanctions Authority. Sanctions Authority: the UK and the United Nations (UN) and in each case their respective governmental, judicial or regulatory institutions, agencies, departments and authorities responsible for the implementation and enforcement of sanctions, including (without limitation) the UN Security Council, HM Treasury and the UK’s Office of Financial Sanctions Implementation, the Department of Business and Trade and the Export Control Joint Unit. Sanctions List: any of the lists issued or maintained by a Sanctions Authority designating or identifying persons that are subject to Sanctions, in each case as amended, supplemented or substituted from time to time including (without limitation) the UK Sanctions List, Consolidated List of Financial Sanctions Targets in the UK and the Consolidated United Nations Security Council Sanctions List. Sanctions Proceedings: any actual or threated:

  1. litigation, arbitration, settlement or other proceedings (including alternative dispute resolution, criminal and administrative proceedings); or
  2. investigation, inquiry, enforcement action (including the imposition of fines or penalties) by any governmental, administrative, regulatory or similar body or authority,

in each case relating to or in connection with, any actual or alleged contravention of Sanctions. Sanctions Target: a person that is:

  1. listed on a Sanctions List;
  2. owned or controlled by a person listed on a Sanctions List;
  3. resident, domiciled or located in or incorporated or organised under the laws of a country or territory that is subject to any Sanctions; or
  4. otherwise identified by a Sanctions Authority as being subject to Sanctions.

Required additional information for sellers who are consumers only

  • The services we provide are those of an auctioneer acting as agent for you, the seller of goods.
  • Our contact details are 18 Grove Place, Bedford, England, MK40 3JJ, [email protected], (01234) 831742.
  • The way in which we calculate the amount to be paid by you can be found in clause 12 of these terms In calculating the seller’s commission, VAT will be payable in addition to the basic rate of commission. By way of example (applying a VAT rate of 20%  – please check the rate of VAT on the day of the auction to check the applicable rate to you):
  • On a hammer price of £5,000, the seller’s commission at 15% would be £750 plus VAT of £150 so the total seller’s commission including VAT would be £900
  • On a hammer price of £10,000, the seller’s commission at 15% would be £1500 plus VAT of £300 so the total seller’s commission including VAT would be £1800
  • On a hammer price of £5,000, the care and insurance fee at 1.5% would be £75 plus VAT of £15 so the total care and insurance fee including VAT would be £90
  • On a hammer price of £10,000, the care and insurance fee at 1.5% would be £150 plus VAT of £30 so the total care and insurance fee including VAT would be £180
  • We will perform the auction services for you by including your goods in the next auction listed on our website and which we specify to you in the digital contract and transport form.
  • Our complaints handling policy can be found here.
  • Information on your right to cancel if you are a consumer can be found in clause 15 of these terms. Please note that if you exercise your right to cancel, you will be responsible for arranging to collect your goods from Griffin Transport warehouse, 1 Sydney Road, Watford, WD18 7XX and for all costs and expenses in doing so.
  • Our services for you start as soon as we arrange with you for your goods to be collected (if applicable) or as soon as we start preparing the description of your goods for the Auction Catalogue, whichever occurs first and if you exercise your right to cancel after that time, we can charge you our reasonable costs in performance of those services which we actually have performed for you before the auction date.
  • The right to cancel will be lost once we can no longer stop the sale of your goods ie once bids have been placed on the lot at auction.
  • The contract between you and us will (unless cancelled) begin when we receive the signed digital contract and transport form back from you and will continue until your goods have been sold at auction and the buyers have paid us in full and collected each lot you have listed with us and all sums due from and to you have been paid.