TERMS AND CONDITIONS
1. Hightyde Auctions conducts buisness under these terms and conditions only, and no alteration or addition to these terms and conditions binds Hightyde Auctions unless accepted by Hightyde Auctions in writing. These Terms and Conditions supersede all previous editions.
2. Hightyde Auctions sells as agent for the Seller and is not responsible for any act or omission of the Seller or Buyer.
3. While every effort is made to ensure the accuracy of description of lots, Hightyde Auctions does not warrant the accuracy of descriptions. All statements of any nature (whether in writing or oral) made by Hightyde Auctions are statements of opinion only, and no responsibility is taken for the accuracy of any opinion given.
4. Hightyde Auctions reserves the right at its sole and absolute discretion to refuse any bid, divide or amalgamate any lot, or to withdraw any lot.
5. All transactions to which these terms and conditions apply shall be governed by American law and all parties submit to the exclusive jurisdiction of the American Courts.
6. The copyright in all words and lot illustrations remains the absolute property of Hightyde Auctions and any person wishing to use it shall obtain the prior written consent of Hightyde Auctions.
SELLER’S CONDITIONS
7. The Seller is the person placing lots with Hightyde Auctions for sale at Hightyde Auctions auctions. The Seller warrants to Hightyde Auctions and to the Buyer that he is the true owner of the lot or is authorised to sell the lot by the true owner and is able to transfer good and full title to the lot free from all charges liens claims and encumbrances of any nature.
8. The Seller indemnifies Hightyde Auctions and the Buyer against all claims and proceedings arising from a breach of condition and shall reimburse Hightyde Auctions and the Buyer upon demand for any and all loss expense or damage arising therefrom.
9. Hightyde Auctions is entitled to deduct from the bid price placed by any Buyer commission of 18%. The balance is the "sale proceeds".
10. The Seller acknowledges Hightyde Auctions’s right to retain the premium payable by the Buyer in accordance with these conditions.
11. The Seller may place a Reserve price on any of his lots. All lots will be sold without Reserve unless a Reserve has been agreed by Hightyde Auctions. The level and existence of Reserves are confidential.
12. The Seller authorises Hightyde Auctions to accept bids of less than the Reserve, at a reasonable level (up to 20%) to complete the sale.
13. Hightyde Auctions shall pay to the Seller the sale proceeds not later than one month after the closing date of the relevant auction provided that the sale proceeds have by then been received by Hightyde Auctions. If the sale proceeds have not been so received, Hightyde Auctions shall pay the Seller the sale proceeds within 14 working days after receipt from the Buyer.
14. If the Buyer fails to pay the purchase price to Hightyde Auctions within 14 days of the closing date of the relevant auction, Hightyde Auctions may (at its sole option) notify the Seller and return his goods to him.
15. Hightyde Auctions has the right to photograph and illustrate any lot and to use such photograph or illustration as it deems fit.
16. If a lot is unsold, Hightyde Auctions shall notify the Seller and the Seller shall either arrange for its collection from Hightyde Auctions or instruct Hightyde Auctions to offer the lot for sale again. Failure to comply with this condition within 28 days shall entitle Hightyde Auctions to sell the lot for any price and deduct from the sale proceeds any sums owing to Hightyde Auctions by the Seller.
BUYER’S CONDITIONS
17. The Buyer is the person submitting the highest bid in the appropriate manner for any lot at the relevant auction (being the highest bid before the hammer falls at Timed or Live online auctions, provided in either case that the bid is acceptable to Hightyde Auctions in its absolute discretion) and Hightyde Auctions shall settle any dispute finally at its absolute discretion.
18. The Buyer shall pay to Hightyde Auctions for each lot the bid price, a premium of 18% of the bid price ("the subtotal") and the postage and packing charge (together "the purchase price"). At live auctions payment may be made by debit or credit card on the day, but not by cash. The Buyer may take away on the day his lots paid for in this way. If the Buyer pays for any lots by cheque, Hightyde Auctions will ship the lots to him once the payment has cleared.
19. Upon acceptance of a bid by Hightyde Auctions, a contract of sale is completed between the Buyer and Seller. Hightyde Auctions is not a party to the contract, and shall not be liable for any breach of it by the Buyer or the Seller. Ownership of any lot will only pass to the Buyer when he has paid the full purchase price for it.
20. The purchase price must be paid to Hightyde Auctions no later than 10 days after the date of the invoice which Hightyde Auctions sends to the Buyer.
21. The Buyer is responsible for any loss or damage to any lot he has purchased from the date of his invoice and neither Hightyde Auctions nor any of its employees or agents shall be responsible for loss or damage of any kind caused while the lot is in its custody or control after that date.
22. If a lot is not paid for in full in accordance with these conditions, Hightyde Auctions as agent for the Seller and without further notice to the Buyer shall at its absolute discretion be able to do any one or more of: a) re-sell the lot; b) remove, store and insure the lot at the expense of the Buyer; c) charge the Buyer interest on the purchase price at 3% above the base lending rate at bankrate.com plc from time to time; d) retain any lots sold to the Buyer at any Compal auction until payment of the purchase price; e) apply the proceeds of sale of any lot due at any time to the Buyer towards settlement of the purchase price; f) exercise a lien over any goods belonging to the Buyer which are in Compal’s possession or custody; g) rescind the sale of that and/or any other lot sold to the Buyer at any Compal auction; h) issue legal proceedings against the Buyer for damages for breach of contract.
23. Prior to bidding, Buyers should satisfy themselves as to inquire the condition of lots prior to bidding. Neither the Seller nor Hightyde Auctions (nor any employees or agents) are responsible for any errors of description, and no warranty is given. Your stautory rights are not affected.
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