Who you are buying from
When you buy goods in a lot at an auction arranged by Piano Auctions Limited, you are buying them from the individual seller who owns the lot which is listed in the Auction Catalogue. If you place the winning bid at a Piano Auctions Limited auction, you are entering into a contract for sale with the seller of that lot. Piano Auctions Limited is only acting as an agent for the seller in the auction process and is authorised by the seller to receive the purchase price from you and take certain other actions in the performance of its services to the seller. Your contract for sale is with the seller. There is a separate contract between you and Piano Auctions Limited, to which the Buyer Auction Terms apply, though. The Buyer Auction Terms also refer to other documents which are binding on you as regards your relationship with Piano Auctions Limited.
If you win bids from two or more different sellers at the same auction, you will have a separate contract with each seller you are buying from. This means that if you place the winning bid on two lots, each from a different seller, you will have a contact for sale with each seller. If you place the winning bid on more than one lot from us, each lot will have a separate contract for sale, all subject to these terms.
Terms that apply and how they apply
These terms are the terms which apply to each contract between you and a seller of the goods in a lot at a Piano Auctions Limited auction (the seller is also referred to in these terms as “we”, “us”, or “our”). By placing a bid on goods which in the Auction Catalogue, you are accepting that these terms apply to the contract between you and the seller of that lot in the event that your bid is the winning bid.
How to get information about the seller
If you need the seller’s contact information after the sale, contact Piano Auctions Limited ([email protected] or 01234 831742) who can provide it to you.
When and how the contract is formed
When you win a lot listed by us at a Piano Auctions Limited auction, Piano Auctions Limited will process certain aspects of the contract acting as our agent, in our name and on our behalf. Your contract for the purchase of the goods is with us and not with Piano Auctions Limited. The contract between you and us is in place from the moment the “hammer falls” in relation to the lot you have bid on.
If you win multiple lots from multiple sellers at an auction, you will have multiple contracts with the different sellers. Your contracts with other sellers are only with them and don’t involve us at all. This is the case even if Piano Auctions Limited sends you a single invoice for all of the lots you have won at auction.
1.1 Piano Auctions Limited will process your payment on our behalf. Piano Auctions Limited will issue you with an invoice after the auction and you must pay the whole purchase price (the hammer price, buyer’s premium, any online bid commission and all applicable VAT) specified in the invoice to Piano Auctions Limited (who will receive the hammer price and any applicable VAT on it on our behalf) within 3 business days (a business day is a day from Monday to Friday which is not a public holiday in England) of receipt of the invoice.
1.2 If the Auction Catalogue specifies that VAT is chargeable on the goods, that will be payable by you in addition to the hammer price and will form part of the total purchase price. Wherever VAT is charged, the rate of VAT is the applicable rate on the day of the auction.
1.3 Payment must be made to Piano Auctions Limited by direct bank transfer to the bank account specified on the invoice. You must not make a payment directly to us.
1.4 If you do not make payment in full of the invoiced amount of the purchase price within 3 business days of receipt of the invoice and you don’t pay within 14 days of Piano Auctions Limited reminding you that payment is due:
(a) Piano Auctions Limited are authorised by us at their discretion to take such enforcement action against you on our behalf in respect of the hammer price (and any applicable VAT on it) and on their own behalf in respect of the buyer’s premium and any online bid commission (plus applicable VAT on them) as they decide of the following options:
a. charge interest on the overdue sum at the rate of 4% per year over the Bank of England base rate, accruing daily, from the date payment first fell due to the date of payment (before or after judgement);
b. take such enforcement action as Piano Auctions Limited considers necessary or desirable for the recovery of the unpaid sum, which may include a claim against you for the purchase price (including buyer’s premium and any online bid commission and all applicable VAT), administration fees, storage charges and legal fees arising out of your breach or default (plus any applicable VAT);
c. terminate the contract between you and us on our behalf and resell the goods (at auction or by private sale) at your expense, in which case you will also pay us the difference between the hammer price you bid and the actual sale price;
d. set off any amount you owe Piano Auctions Limited and us against any amount Piano Auctions Limited owes you at that time;
e. refuse to admit you to any future auction arranged by Piano Auctions Limited and/or refuse to accept any bid you might make at a future auction;
f. after giving you 14 days notice of their intention to do so, exercise a lien over any of your property in Piano Auction’s Limited’s possession, applying the proceeds of sale to any amount you owe to us and to Piano Auctions Limited;
g. provide your full details to us to enable us to bring a claim against you in the courts or to engage in alternative dispute resolution,
and
(b) you must pay to us interest on the total unpaid sum at the rate of 4% per year over the Bank of England base rate accruing daily from the day payment first became due to the date of payment (whether before or after a court judgement against you).
1.5 Although we have authorised Piano Auctions Limited to take the above actions on our behalf (and on their own behalf in respect of any amount you owe them) if you are late in paying, this does not prevent us from taking our own enforcement action as we consider necessary or desirable for the recovery of the unpaid sum against you or from terminating the contract between you and us ourselves.
2. Source of funds and compliance with laws
2.1 If you purchase a lot from us as agent on behalf of someone else (“the principal”) (whether you have disclosed this to Piano Auctions Limited in accordance with the Buyer Auction Terms or not), you warrant and represent to us (and also to and for the benefit of Piano Auctions Limited) that your arrangement with your principal will not facilitate tax evasion or tax avoidance in the UK or in any other jurisdiction.
2.2 You represent and warrant to us (and also to and for the benefit of Piano Auctions Limited) that the funds you use to purchase the goods are not and are not connected with the proceeds of criminal activity and that neither you nor your principal (if any) is under investigation, charged with or convicted or any money laundering, terrorist activity, tax evasion, tax avoidance or anti-bribery or anti-corruption law or regulation in the UK or in any other jurisdiction.
2.3 You warrant and represent to us and to and for the benefit of Piano Auctions Limited that at the contract date (ie the date of the auction) and also at the date of payment for the goods, you:
(a) are not a Sanctions Target and have not been a Sanctions Target during the period of 5 years immediately prior to the contract date and nothing has occurred that could reasonably be expected to result in your becoming a Sanctions Target;
(b) are not contravening and have not contravened any Sanctions during the period of 5 years immediately prior to the contract date;
(c) are not in any way and have not in any way been involved in any Sanctions Proceedings (other than for the sole purpose of providing information or evidence in respect of the proceedings) at any time and to the best of your knowledge and belief, there are no circumstances likely to give rise to any such Sanctions Proceedings;
(d) will not directly or indirectly use funds from anyone that is a Sanctions Target to purchase the goods from us.
Please see the glossary at the back of these terms for more information about terminology relating to Sanctions.
2.4 You must not do, or omit to do, any act that will cause or lead us or Piano Auctions Limited to contravene any Sanctions.
2.5 If the buyer is a company, firm, partnership, limited liability partnership or other entity (whether having separate legal personality or not) the person bidding on behalf of that organisation gives the warranties above on behalf of that organisation to and for the benefit of both us and Piano Auctions Limited.
3. Collection of the goods
3.1 Once you have paid the purchase price to Piano Auctions Limited, you must contact Piano Auctions Limited ([email protected] or 01234 831742) to arrange to collect the goods from the Griffin Transport UK Ltd warehouse at 1 Sydney Road, Watford, WD18 7XX. Ownership of the goods does not pass until you have paid in full and if Piano Auctions Limited allow you to collect the goods before you have paid, they will still belong to us until you do pay and your obligation to pay will be unaffected.
3.2 Neither we nor Piano Auctions Limited offer a delivery service. It is your responsibility to arrange collection from the Griffin Transport UK Ltd premises in a timely manner by 16.00 (GMT) on the Thursday of the week of the auction and you may incur fees under your separate contract with Piano Auctions Limited if you don’t (see the Buyer Auction Terms, clause 11.4 and 11.5.
3.3 We do not accept any responsibility for loss or damage to the goods after the date of the auction. Under the Buyer Auction Terms, if you are not a consumer, the goods are at your risk from the date of the auction. If you are a consumer, Piano Auctions Limited will remain responsible for the goods under clause 10 of the Buyer Auction Terms until you collect them (or your carrier does). You should also refer to clause 10 the Buyer Auction Terms for more detail on the applicable terms relating to risk in the goods after the auction date.
4. You are responsible for import and export of the goods
4.1 Neither we nor Piano Auctions Limited is responsible for advising you on import and export restrictions and regulations affecting the goods, including documentation required and taxes, duties and fees payable. You are responsible for ensuring that you are properly able to import the goods you buy into your own country and for paying all taxes, duties and fees of any kind relating to the export of the goods from the UK and their import into your own country. You must not delay in making payment for the goods because you are denied any permit or licence you need to export or import the goods and we will not agree to cancel the contract for sale of the goods to you because you are denied any such permit or licence.
4.2 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 exporting the goods out of the UK, you are responsible for obtaining a CITES permit to export the endangered species from the UK Animal and Plant Health Agency (APHA).
4.3 If you are importing the goods to another country from the UK and there is any requirement (including under CITES) to obtain an exemption or certificate in relation to such import due to the goods including a specimen of an endangered or protected species under the law of the country of to which you are importing, you are responsible for obtaining such exemption or certificate.
5. Goods can vary slightly from their pictures
The goods’ true colour may not exactly match that shown on your device or in the hard copy Auction Catalogue. Dimensions and measurements indicated in the Auction Catalogue (if any) can be out by up to 2%. Minor scuffs, scrapes and scratches may not be apparent in photographs in the Auction Catalogue or specifically referred to in the text in the Auction Catalogue and you should view the second hand goods yourself (at the Griffin Transport UK Ltd warehouse at 1 Sydney Road, Watford, WD18 7XX) before bidding on them at auction to ensure that you’re satisfied with the cosmetic appearance of the goods before buying.
6. You do not have a legal right to change your mind.
You do not have a legal right to change your mind about your purchase. This is because you have purchased the goods at a public auction and/or you have purchased from someone who is not a trader and/or you are a business. We do not accept cancellations of sales from anyone who does not have a legal right to cancel.
7. Our warranty to you regarding our ownership of the goods
We warrant to you that we are the true owner of the goods in the lot you have agreed to purchase or that we are properly authorised to sell the lot on behalf of the true owner and that we are able to transfer a good and marketable title to the goods free from any third-party claims. We will indemnify you against any loss or damage you suffer as a result of any breach of this warranty on our part.
8. Our warranty to you regarding the goods and its limits
If you think there is something wrong with your goods, you must contact us. Piano Auctions Limited will provide you with our contact details on request. We honour any legal duty we have to consumers to provide you with goods that are as described to you in the Auction Catalogue and that are of satisfactory quality in all the circumstances, including within those circumstances the fact that the goods are second hand and that you have had the opportunity to inspect them before buying. The remedies contained in the Consumer Rights Act 2015 do not apply to your purchase of the goods in this respect and:
You should bear in mind that the goods are second hand and therefore subject to fair wear and tear. The Auction Catalogue does not contain a detailed description of the goods, in that it doesn’t include details of all minor flaws and, as is usual for auctions of this kind, there is an expectation that you will examine the goods in person before you bid on them.
If and to the extent that the Auction Catalogue states that the goods are damaged or defective, you must accept the goods as such and may not claim that the goods are of unsatisfactory quality.
We are not liable for any defects which should have been revealed when you viewed the goods before the auction.
9. Cancellation of the contract in certain circumstances
9.1 We and you have each expressly authorised Piano Auctions Limited to rescind (cancel) the contract for the sale of the goods between you and us on our respective behalf in certain circumstances (as set out in more detail in clause 13 of the Buyer Auction Terms and clause 20 of the Seller Auction Terms), namely:
in the event of forgery by us in relation to the goods;
in the event that we are in material breach of our warranties and representations to Piano Auctions Limited or to you or if an adverse claim is made by a third party in relation to the goods (a claim that the third party is the proper owner of the goods or that they have another right or interest in the goods);
if you or we 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;
if Piano Auctions Limited becomes aware of a breach by us of clause 24 of the Seller Auctions Terms (import, export and endangered species).
We and you both expressly agree to be bound by Piano Auctions Limited’s decision in this regard.
9.2 Upon rescission, we shall refund any payments made by you to us in respect of the goods, without prejudice to any claim you might have for breach of contract in respect of the matter giving rise to the rescission.
9.3 You retain the right to claim damages for breach of warranty or other provisions of the contract between you and us arising from the matter giving rise to the rescission.
9.4 If rescission pursuant to this clause 9 takes place after you have taken possession of the goods, you must return them to us at our expense within 14 days of receipt of the notice of rescission from Piano Auctions Limited, except in circumstances were the rescission is as a result of you being or becoming a Sanctions Target, or subject to Sanction Proceedings or contravening Sanctions or anything happening, which could reasonably be expected to result in any of these things happening where you must return the goods to us at your own expense within 14 days of receipt of the notice of rescission from Piano Auctions Limited.
10. We can end our contract with you
you don’t make a payment to Piano Auctions Limited on our behalf when it’s due and you still don’t make payment within 14 days of their reminding you that payment is due;
you don’t, within a reasonable time after the auction, arrange collection of the goods from Piano Auctions Limited. In that situation, we treat your order as cancelled and refund the hammer price but we aren’t under any obligation to see to the return to you of the buyer’s premium or any online bid commission (and VAT on them) you have paid, which Piano Auctions Limited can keep.
11. We don’t compensate you for all losses caused by us or the goods
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.
If you are a business buyer, except as expressly set out in clause 11.1, the limit of our liability to you will be the hammer price of the goods.
If you are a business buyer, 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:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
wasted expenditure;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer, we’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us or to our agent Piano Auctions Limited before your bid was accepted at auction meant we should have expected it (so, in the law, the loss was unforeseeable).
(b) Caused by a delaying event outside our control and outside of the control of Piano Auctions Limited as our agent. As long as either we or Piano Auctions Limited has contacted you as soon as possible to let you know about the delay and do what we and they can to reduce the delay.
Avoidable. Something you could have avoided by taking reasonable action, including following reasonable instructions for use.
A business loss. It relates to your use of a goods for the purposes of your trade, business, craft or profession.
12. We use your personal data as set out in the Piano Auctions Limited Privacy Notice
To the extent that we have legal obligations regarding its use, how we use any personal data you give us is set out in the Piano Auctions Limited Privacy Policy.
13. You have several options for resolving disputes with us
13.1 Our complaints policy. We will do our best to resolve any problems you have with us or our goods. Please contact us (our details are available from Piano Auctions Limited by email to [email protected] or by phone on 01234 831742). If we are unable to resolve the dispute between us, you can raise your complaint about us or the goods with Piano Auctions Limited. Unless you, we and Piano Auctions Limited all agree that Piano Auctions Limited may resolve the dispute between you and us by making a decision on the dispute and settlement which will be binding on both you and us, then because Piano Auctions Limited aren’t a party to the contract between you and us, they can’t make any binding offers or agreements on our behalf but they may be able to help to resolve the issue between you and us. Please ask us whether we have agreed with Piano Auctions Limited that we want them to decide disputes between us and you or whether they are only authorised by us to provide non-binding assistance to resolve the issue. The final decision as to Piano Auctions Limited’s involvement in the dispute resolution process will be yours. We cannot force you to accept that Piano Auctions Limited’s decision on the dispute is binding on you and us. You and we both acknowledge that Piano Auctions Limited do not offer a formal mediation service.
13.2 Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can use alternative dispute resolution, if you choose to, as a way of addressing a dispute between you and us.
13.3 You can go to court. These terms are governed by English law which means that the laws of England apply and wherever you live you can bring claims against us in the English courts. If you live outside of England, and you are a consumer, you also enjoy the protection of mandatory consumer protection provisions of the law in the country you in which you live and you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
14. Other important terms apply to our contract
14.1 We will not transfer our contract with you, so that a different organisation is responsible for supplying your goods (although Piano Auctions Limited acts as our agent as set out in these terms and in the Buyer Auction Terms).
14.2 You can only transfer your contract with us to someone else if we agree to this.
14.3 Piano Auctions Limited’s rights under this contract. Although Piano Auctions Limited is not a party to this contract, it may in its own right enforce the provisions of clauses 1 and 2 of these terms subject to, and in accordance with, the Contracts (Rights of Third Parties) Act 1999. In all other respects, this contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
14.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
14.5 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, but that doesn’t mean we can’t do it later.
14.6 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.
15. Glossary of words and phrases used in these terms
Auction Catalogue: Piano Auctions Limited’s electronic and hard copy catalogue of all lots included in one of their auctions, including information about the goods you have agreed to purchase.
Buyer’s premium: commission on the hammer price at the rate of 24% payable by you to Piano Auctions Limited in addition to the hammer price in relation to the goods, plus applicable VAT.
Hammer price: the amount you bid for the goods in a single lot which Piano Auctions Limited has accepted as auctioneer and as our agent.
Lot: an individual object or group of objects offered for sale by us at the auction run by Piano Auctions Limited as a single unit.
Online bid commission: commission on the hammer price at the rate of 3% payable by you to Piano Auctions Limited in addition to the buyer’s premium and the hammer price in some circumstances where you bid online, plus applicable VAT.
Purchase price: the total amount to be paid by you 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:
litigation, arbitration, settlement or other proceedings (including alternative dispute resolution, criminal and administrative proceedings); or
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:
listed on a Sanctions List;
owned or controlled by a person listed on a Sanctions List;
resident, domiciled or located in or incorporated or organised under the laws of a country or territory that is subject to any Sanctions; or
otherwise identified by a Sanctions Authority as being subject to Sanctions.