Auction Terms & Conditions
Viewing Fridays from 3pm-5pm
[if you are unable to come viewing we offer free appraisal for upto 5 lots and charge £1 per lot for anything above 5 lots]
Please note that ibidders will be subject to 18% buyer's premium plus vat.
Live room bidding will be subject to 18% buyer's premium plus vat
Entry will be by catalogue purchase which will allow 3 persons at £2 no children under the age of 16 years will be allowed in the auction premises
(Please note that we cannot take card payments over the telephone, card payments can be made on our premises when collecting the goods. You can also pay by cash or bank transfer. You will receive bank details from the winners notification)
ibidders can now collect during the auction to collect their goods on the same day, we will remain open 30 mins after the auction finishes for any collections.
All goods are sold as seen, bidders have the option come on the viewing day, or phone us or email us regarding any lot they wish to know more about before bidding. Should they fail to do any of the above it is their responsibilty to judge the condition of the item and newton auctioneers will not take any liability.Once goods are removed from the auction room no claim against newton auctioneers shall be accepted for any damage or missing items, whether in collection or by delivery. Payments must be made before monday 12 noon.
All lots will incur Vat on the wining hammer price at 20% unless stated.
All lots purchased must be paid for on the sale date or by next working day (Monday) before 12 noon. Lots collected pass the date specified will incur storage charge dependent on the quantity and size of items.
Please know that customers who send their own label for delivery, there will be a charge of:
£1 per lot to package 2kg
£2 per lot to package 2-5kg
£5 per lot to package 5-10kg
£10 per pallet
payments can be made by cash or debit card or bank transfer , to arrange payment please call 01613688100.
failure to pay for goods before 12 noon Monday will incur £50 admin fee plus £2 per lot. no exceptions, and will also result in being barred from future bidding.
the auctioneer reserves the right to charge the admin fee plus lot charge on the registered card.
lots not paid for and collected before 3pm on the Mondaywill result in the lots re-lotted and sold in the next auction.
Goods must be collected on the sale date or the next working day before 3pm.
Delivery of goods by the Auctioneer must be agreed with Manager which will incur charges depending on distance.
Description of goods will only describe the what the item is and does not refer to condition of any item.
All lots sold as seen.
We do not operate a return or refund policy.
Pallets and parcels can be delivered anywhere in UK you must call the office for a quote as the prices differ in the location of delivery.
Newton Auctioneers terms of sale
Terms & Conditions
we do not charge any deposits online but if you are quite new on ibidder or our auction site then we may ask for a £100 refundable deposit which will be required for bidding online, should you not win any lots then we will refund the deposit in full after the auction finishes. If you do win lots in the auction then the deposit will be refunded once we have payment in full, the deposit cannot be used as part payment of an invoice.
1 These General Conditions of Sale are issued by Newton Auctioneers
2 a. Auctioneer refers to Newton Auctioneers
b. Lots and goods refer to goods being sold on Auction day.
c. The Vendor is the person/company owning or having the right to sell the lot.
3 All Buyers will be deemed to have full knowledge of these Conditions and to agree to be bound by them.
Conditions Regulating the Conduct of the Sale
4 The highest accepted bidder shall be the Buyer.
5 All buyers must purchase a bidding card with a deposit which is refundable should the buyer not bought anything. Online bidding will require Bank card details for registration to bid live.
6 All lots are subject to buyer’s premium of 18% PLUS VAT on the wining hammer price, online bidders will pay extra 24% plus vat per lot.
7 All lots subject to VAT at 20% on wining hammer price
8 All lots are described by the Auctioneer with the best of their knowledge and should be used as guide only, all bidding will be assumed that the bidder has full knowledge of the lot he/she is bidding on.
9 No person may advance on any bid less than the amount called from the Auctioneers.
10 The Auctioneers reserve the right to refuse bids from any person without a reason.
11 The Auctioneer reserve the right to refuse any persons on the auction premises without any reason.
12 The Auctioneers reserve the right on behalf of themselves and of the Sellers to fix a reserve price.
13 The Auctioneers shall be the sole arbiters in all matters in dispute.
14 If a dispute arises as to any bidding, then at the Auctioneers` discretion, either:
the lot to which the dispute relates shall immediately be put up again and resold.
15 The Auctioneer shall determine the dispute and their decision shall be final and binding on all parties.
16 The Buyer shall supply his or her name and address.
17 No bidding may be retracted, unless the auctioneer feels the bid maybe defaulted then the auctioneer reserves the right to offer the lot to the next highest bidder.
18 No lot shall be removed from the Auction venue without signed paid invoice.
19 All buyers must pay for goods and collected by the next working day
20 The transferring of lots is not allowed.
21 The Auctioneers act on behalf of vendor only
22 Any lots not paid for on the day of the Sale or the next working day before 12pm shall be re-sold by the Auctioneers and result in loss of deposit no exceptions.
23 Lots must be collected on the sale date or the next working day before 3pm failure to do so will result in storage fees depending on the size of the goods.
24 In the event of the goods resold not having been paid for in full by the original Buyer, then the original Buyer will remain liable to pay any shortfall and administration fees.
Description & Condition of Goods
25 Auctioneer takes care of description of goods to the best of their knowledge and should be used as guide only. Auctioneer’s description is from what the seller tells the Auctioneer.
26 Auctioneers will not be liable for inaccuracies in the information published, unless the negligence of the Auctioneer.
27 Buyers should be aware some goods will be good for parts or scrap and should make full inspection of goods before purchase or take advice from relevant skilled persons.
28 Buyers are expected to view the goods before bidding on Auction day or day before and rely on their own skills or professional or skilled advice. The Auctioneer will not be liable for any faults with the goods, should the buyer purchase any goods before inspection then the buyer does so at their own risk and the auctioneer will not accept any liability or claim.
29 Once goods are removed from the auction room no claim against newton auctioneers shall be accepted for any damage or missing items, whether in collection or by delivery, if these terms do not suit you then please refrain from bidding
Payment of goods.
30 All lots must be paid for on the date of the Sale or the next working day before 12pm VIA BANK TRANSFER and must be collected on the sale date or the next working day before 3pm. WE WILL NOT BE TAKING ANY PAYMENTS OVER PHONE FOR THIS AUCTION. The Buyer is responsible for the cost of transport removal from the auction premises.
31 Removal of goods within the auction house will be done by the assistant of Auction house porters, no exceptions.
32 a If the Buyer fails to pay for purchased lot, the Auctioneer may treat the contract of sale to the Buyer as rescinded. The Auctioneer may re-sell the lot, by next Auction sale, without reserve and without notice to the Buyer.
b. Should the buyer fail to abide by clause 29 above then there will be a admin charge of £50 for individual buyer and a storage charge on per lot of £2 per day
33 Delivery of goods must be agreed with Auctioneer and cannot be guaranteed, delivery will incur a charge agreed with Auctioneer
34 The Buyer must pay in full the purchase price of goods, or the remainder of the purchase price before delivery of the goods.
35 Buyer must pay for all winning lots, no part payment will be accepted.
36 All payments must be paid by cash or debit card or bank transfer.
Insurance & Risk
37 All goods become the responsibility of the buyer from the moment they are sold to him, on the fall of the Auctioneers` hammer. The Buyer should make his own insurance arrangements if needed immediately.
38 the Auctioneer and staff will take reasonable care of the goods whilst in the Auction house premises.
39 The Auctioneer shall not be responsible for the safe custody of any lots after the sale.
40 The Auctioneer will not be responsible for any damage, loss or injury howsoever caused to or sustained by any person on the Auctioneers’ premises where an auction is held unless damage, loss, or injury is caused by the direct negligence of the Auctioneer, this includes periods of viewing out of auction times.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.