Terms & Conditions

VINTAGE FINE ARMS AUCTIONS TERMS AND CONDITIONS OF BUSINESS
(Note the term “The Auctioneers” means Vintage Fine Arms Auctions)

Definitions

1. The Auctioneers means Vintage Fine Arms Auctions, Antique Guns, Accessories and Related Items
2. ‘Deliberate forgery’ means an imitation made with the intention to deceive as to authorship, origin, age or source, which is not so described in the catalogue and which has a value materially less than if it had been in accordance with the description in the catalogue.

Offensive Weapons Act (2019)
Bladed products are not for sale to people under the age of 18. By bidding on an edged weapon you are declaring that you are 18 years of age or over. Upon collection photo identification will be required if a person appears under 25, to prove that they are over 18 years old.

 Edged weapons or bladed products are sent by special courier to a UK residential address (Offensive Weapons Act 2019). This service may change, so it is advised to contact the office before bidding.

Offices

The offices of the Auctioneers Vintage Fine Arms Auctions are situated at:
Cross House, Market Place, Alston, Cumbria.

Auctioneer as Agent of Vendor

The Auctioneers act as agents for the Seller herein called “The Vendor” by whom the Auctioneers are authorised to sell such Goods as may have been deposited with them for that purpose. The Buyer acknowledges that any liability arising under these terms are the liability of the Vendor only and not that of the Auctioneers.

Auctioneer’s Rights

The Auctioneers claim the right of refusing admission to, and ejecting from, the site on which the sale is being held, any person or persons; of regulating the amount of the biddings; of refusing the bid of any person; of altering the arrangement of the lots, selling two or more lots as one lot or in any way they may think proper, also of withdrawing any lot or lots, and of altering or adding to these conditions at the time of the sale. The Auctioneers to be the sole arbitrators in any matter arising during or out of the sale.

Third Party Liability

Every person on Vintage Fine Arms Online Auction premises at any time shall be deemed to be there at their own risk. They shall have no claim against Vintage Fine Arms Auctioneers & Valuers in respect of any accident which may occur or injury, damage or loss howsoever caused.

Client Account

All auction funds received are paid into a separate client account entitled ‘Vintage Fine Arms Auctions A/C’ that is held at co-operative bank. Should any interest arise from funds in this account then Vintage Fine Arms Auctions retain the right to that benefit.

Registration

In accordance with the Auctioneers due diligence scheme, all prospective vendors must register their full name, address and VAT status with us in advance of their first consignment. All consignments are offered in accordance with the Vendor Terms & Conditions outlined at the point of delivery or available on request.

Settlement

Settlement by cheque or bank transfer is normally 21 days after the sale. Where consignments are to be sold in two or more subsequent sales, the proceeds may be amalgamated, and payment made after the sale of the entire consignment. A delay in payment will only be by failure of the buyer to settle their account or dispute.

Right to bid on behalf of Seller

In the case of lots upon which there is a reserve price the Auctioneers reserve the right to bid on behalf of the seller to one bid beneath the reserve price.

Buyers

Viewing

Viewing is strictly by appointment at the auctioneers office. Appointments must be made by email a minimum of three days before the appointed date. No more than three people will be allowed to view at any one time, identification will be required.

Registration of Buyers

Prospective buyers will need a Buyer’s Number before the purchase of any lot. This can be obtained by registering at Reception. At the discretion of Vintage Fine Arms Auction, some form of personal identification will be required before a number can be issued. For auctions on-line, the buyer must register with the on-line bidding platform before being able to bid.

Bidding

The Buyer shall be the person making the highest bid which is acceptable to the auctioneers as signified by the fall of the hammer. In the case of a dispute as to the highest bidding during or immediately after the sale of the lot, the auctioneers may if they think fit put the lot up again for sale. The Buyer shall be deemed to be principal unless to the knowledge of the Auctioneers the buyer is acting as agent on behalf of a named principal.

Buyer’s Premium

Buyer’s Premium is charged on the price realized for each lot, whether sold by auction or private treaty, at 23% payable by the buyer to Vintage Fine Arms Auctions for their own retention. Bidding through an online platform will also be charged, thesaleroom.com charge a fee of 3%. The charges are subject to VAT and are non-recoverable .

Value Added Tax

Unless otherwise stated in the catalogue, all lots are sold within the Auctioneer’s Margin Scheme. VAT will be charged at the current rate on any premiums applicable. This amount will not be shown on the buyer’s invoice and cannot be reclaimed.

Payment

All invoices must be settled within 3 days of the sale.

Before purchases can be collected or sent, the buyer shall pay to the Auctioneers the full purchase price, plus applicable premiums, on the day of sale in a way acceptable to the Auctioneer. No payments can be accepted by card of any type over the telephone. Preferred payment by payment by bank transfer.

I. Payment by cash enables collection of lots immediately after payment. Cash payments in excess of £5,000 are not accepted.

II. Payment by cheque:
Payments cheques to be cleared before collection of goods.

III. Lots purchased online with the-saleroom.com will attract an additional charge for this service at the current rate for each platform.

Buyer’s Liability

The Buyer shall not become the owner of any lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price in full, but after the fall of the hammer the risk of damage or loss to the lot in question shall nevertheless pass to and remain with the Buyer, or if unsold, to the Vendor. In default of full payment, the lot, or lots, may be resold by public/private sale, and the deficiency (if any) together with all expenses attending such resale shall be made good by the Buyer.

Absentee Bidding

The Auctioneers are prepared to accept absentee bidding, on the understanding that clients and or their representatives leaving such bids have viewed the lots in question and have satisfied themselves as to the authenticity and condition of each lot. Such bids may be accepted from clients who have not viewed but only on the understanding that items purchased on their behalf will be paid for and removed without question. Bids may be submitted on the Written Bid Forms provided and must be given to the Office Reception no later than half an hour before the commencement of a sale. This service is undertaken free of charge but without responsibility. The Auctioneer may, at their own discretion on your behalf, exceed your commission bid by one bid. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids given to the Auction Room porters. All commission bids must be received by 4pm on the day before the sale. Any bids received after this will be disregarded.

For higher value lots, with a lower estimate of over £150, telephone bids can be arranged. We have a limited amount of lines available to book and the service is offered on a first-come first-served basis. If this service is required then please make arrangements prior to the sale with the Specialist concerned. We will arrange to telephone you a few lots before your lot is due to be offered. Again, this service is undertaken free of charge but without responsibility. Requests for telephone bids must be made by 4pm on the day before the sale. We cannot accommodate phone bid requests on the morning of the sale.

Removal of Lots

No lots to be removed until paid for. Failure to remove lots when clear to do so will incur storage charges, levied at £5 per item per day. Each lot to be at the risk of the purchaser on the fall of the hammer and to be taken directly with all faults, defects or errors of description. Buyers are given ample opportunity and viewing time to examine lots to be sold and will be assumed to have done so. They must rely solely on their own skill, knowledge and judgement as to whether lots are fit for any particular purpose and as to compliance with the catalogue description or illustrations. Further, any damage, howsoever caused, in the removal of purchases by the purchaser or any person acting on their behalf, is solely the liability of the purchaser. It remains the responsibility of the buyer to ensure that, before removing a lot, the completeness and condition of the lot is consistent with their invoice and when the item was viewed.

Cataloguing

Catalogue Description – All Lots

The Auctioneers undertake that reasonable care has been taken to produce catalogue descriptions that are accurate and reliable but these are necessarily matters of opinion and not to be taken as statements of fact. Although in some instances damage or restoration is noted, generally imperfections are not stated and prospective buyers must satisfy themselves as to the condition and accuracy of description of each lot prior to bidding and to act upon their own judgement. In particular:

No warranty is given by the Auctioneers or the Vendor to any prospective Buyer in respect of any lot and all implied conditions or warranties whether imposed by the Sale of Goods Act 1979 or otherwise (except in the case of the Vendor those implied under section 12 of the Sales of Goods Act 1979) are hereby excluded. All lots are sold as shown with all faults, imperfections and errors of description whether expressly identified in the catalogue description or not.

Condition Reports

Condition Reports are not warranties. We are pleased to provide e-mail images of items with a guide price over £50, time permitting, for your assessment. If required we will give an honest opinion as to the damage or restoration which is immediately apparent. We can give no guarantee on authenticity, completeness or concealed restoration. We strongly recommend your personal viewing of the item. If purchase is subsequently effected – viewed or not viewed – full liability as to the price, condition, authenticity and suitability is that of the purchaser.

Reserves and Guide Prices

Guide prices are solely our opinion of the estimated range of bidding that would offer a chance of success. All items may realize prices above or below our guide price.

Insurance

Property consigned to Vintage Fine Arms Auctions for auction is covered by insurance at a charge of 1% of its auction value as assessed by the Auctioneers, against loss or damage. Cover is provided for lots from the point of delivery until the fall of the hammer, sold or unsold. Cover excludes responsibility for items damaged by woodworm or as a result of inherent structural weakness, or by changes in atmospheric conditions or for the disintegration. Insurance is calculated plus VAT. Any person wilfully or accidentally breaking or damaging any of the Lots will be responsible for any compensation due. This is to be assessed by the Auctioneers as sole arbiter and their decision to be final.

Forgeries

If within ten days after the sale, the auctioneers have received from the Buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within five days after such notification the Buyer returns the same to the Auctioneer in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the Buyer, satisfies the Auctioneers that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The vendor agrees to be bound by the Auctioneers decision and agrees to refund any amounts received by them from the Auctioneers in respect of that lot.

Varying our Agreements

We retain the right to make reasonable changes to our agreements and conditions of sale. Such changes can be made at any time but will only be made for business, legal or operational reasons. If we decide to temporarily relax or ignore the conditions of sale we will not be prevented from enforcing them in the future.

Complaint’s Policy

All complaints must be submitted in writing and will be investigated under our complaints handling policy.