Soundgas Auctions Terms and Conditions
Soundgas Auctioneers reserve the right to amend any or all of their Terms and Conditions of Business at any time. Further details on request.
The auctioneer sells as agent for the seller and as such is not responsible for any default by seller or buyer.
Any representation or statement by the auctioneers in any catalogue as to ownership, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only and the auctioneers, their servants or agents hereby disclaim responsibility for the correctness of such opinions.
In these conditions:
’Hammer Price’ means the price at which a lot is knocked down by the auctioneer to the buyer.
’Balance Due’ means the hammer price in respect of the lot sold together with any premium, value added tax chargeable and additional charges and expenses, e.g. storage charges and insurance, in pounds sterling.
’Sale Proceeds’ means the net amount due to the seller being the hammer price of the lot sold less commission at the stated rate and expenses and any other amounts due to the Auctioneers from the seller.
The auctioneer has the right at his/her absolute discretion without giving any reason to refuse any bid, to advance the bidding as he/she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of a dispute, to put up any lot for auction again.
Soundgas Auctioneers at its absolute discretion has the right to refuse admission to its premises or attendance at its auctions by any person.
Soundgas Auctioneers take great care to ensure that any statements as to attribution, age, date, origin, provenance and condition are reliable and accurate but it should be noted that all such statements are skilled opinions, if provenance (written or historical fact) cannot be produced. Please note, Soundgas Auctioneers do not guarantee that condition reports, whether included in the catalogue/website, or given at a later time; cover all aspects of an item(s) condition. No guarantee or warranty is issued or given in any way, either written or verbal and therefore refunds will not be issued on the basis of the lot not being “in working order”, “incomplete”, or “not in original condition”.
Soundgas Auctioneers will continue to do written condition reports as a guide but would respectfully ask that bidders satisfy themselves regarding condition particularly where certain aspects of condition are important to them, Please ensure that you satisfy yourself as to the condition, completeness and originality of any lot prior to making a bid. An absence of condition in the description does not warrant good condition
We do not provide any guarantee or warranty as to a lot's condition, it is recommended that prospective buyers satisfy themselves as to the condition and accuracy of description.
All lots are offered for sale 'as viewed' and subject to the applicable Conditions of Business for Buyer's condition, which are set out in the sale catalogue and are available on request.
Buyers are reminded that liability for loss and damage transfers to the buyer from the fall of the hammer. Whilst the majority of lots will remain in their location until collected, we can accept no responsibility for any damage which may occur, even in the event of Soundgas staff assisting carriers during collection.
Liability of Auctioneers and Sellers
We act as agents for the seller, whose details remain confidential. If you buy at auction your contract is with the seller, not us.
Goods sold are not new and all goods are sold with all faults and imperfections and errors of description. Illustrations in the catalogue and any other illustrations provided are for identification only; colours and appearance may differ to the actual item(s) due to the limitations of the printing process or display screens.
Bidders should prior to the sale satisfy themselves as to the condition of each lot and whether or not in their own judgement the lot accords with the description.
Neither the auctioneers nor the seller, nor their servants and agents, are responsible for errors of description or for the authenticity of any lot.
Neither the auctioneers nor the seller, nor their servants and agents, give any warranty whatsoever other than hereinafter contained to any buyer in respect of any lot; any express or implied conditions or warranties are hereby excluded.
Soundgas Auctioneers reserves the right to reproduce illustrations and to publish sale results.
Selling
All auction vendors will be required to provide their own name and address along with contact details and bank details. Once this information has been confirmed by the auctioneer it is the vendors responsibility to organise delivery or drop off of the item(s) that they wish to enter into the auction unless otherwise agreed.
The standard fee per item entered into auction is a commission rate of 15% (plus 20% VAT charged on the commission only) the minimum commission charge is £10.
Items that do not sell will be entered into the next auction with no reserve unless specified. Any items that do not sell in two consecutive auctions will be returned to the vendor at the vendor's cost unless otherwise agreed. Lower value items that do not sell can also be donated to charity on the vendors behalf.
If you require more information about selling through Soundgas Auctions please refer to the Selling page on our website: Soundgasauctions.com/selling
Buying
Buyer’s Premium of 15% plus VAT on the hammer price is payable on all purchased lots, there is a minimum buyers fee of £5.00 plus VAT. (The VAT rate may alter and will be levied at the appropriate rate.) Any lots marked with an asterisk (*) will, in addition, be subject to VAT at the appropriate rate on the hammer price.
Payment for all purchased lots must be made within 48 hours following the sale by Bank Transfer. After this period, the Auctioneers reserve the right to cancel any sale at their sole discretion or to re-offer lots for which payment has not been received in a future sale without reserve. In this latter event, the original bidder will be held liable for any shortfall between the selling price at re-offer, plus expenses, and the total amount due on their unpaid account.
Bank Transfer is the only accepted method of payment.
Lots may be cleared after payment in full.
Ownership of a purchased lot shall not pass to a buyer until full payment of the ’total amount due’ has been made to the Auctioneers.
Free storage of all purchased lots will be provided for five working days following the sale; thereafter a storage and handling charge of £5.00 plus VAT per lot per day for small items and £30 plus VAT for larger items (a large item is over 60cm square or exceeding 90cm in length) will be levied upon the buyer, as will all carriage charges incurred by the auctioneers in having goods removed to storage.
All purchased lots uncollected within three working days of the sale will be transferred to storage facilities and will be subject to the charges outlined above. No lots will be released until carriage and storage charges have been paid in full.
Four Methods of Bidding (subject to sale terms)
In the Room – Live in the room with a paddle number (not applicable to online auctions).
Absentee Bid – Leave your maximum bid and the auctioneer will bid on your behalf as cheaply as possible. If identical bids are submitted the first commission bid received will take precedence; If the auctioneer is wrong footed the room will take precedence; Absentee bidding via the website closes one hour prior to each auction start time, after this bids can only be accepted by telephone and are taken at the bidders risk
Telephone Bid - Bid live by phone on lots over £1000. A member of staff will phone you a few lots prior, if you do not answer we will keep trying but the auction will not be held up and we will not bid without a connection being made.
Internet Live bid or Absentee Internet bid via Soundgas Auctions or via Easy Live Auction.
By completing registration on www.easyliveAuction.com and providing your credit/bank card details and unless alternative arrangements are agreed with us, you;
(a) authorise Soundgas Auctioneers, if they so wish, to charge the credit/bank card given in part or full payment, including all fees, for items successfully purchased in the auction via www.easyliveAuction.com; and
(b) confirm that you are authorised to provide these credit/bank details to Soundgas Auctioneers through www.easyliveAuction.com and agree that Soundgas Auctioneers are entitled to permit the shipping of the goods to the card holder and card holder address provided in fulfilment of the auction
We do not accept any liability for any losses, however arising, as a result of a prospective buyer’s use of www.easyliveAuction.com. Use of www.easyliveAuction.com is subject to separate terms and conditions which do not form part of these conditions
You can also place automated bids - the auctioneer can not see your top bid however if someone bids the same and your bid is wrong footed the other bidding platform will be successful in buying the lot; therefore we recommend plus 1 bids to avoid this situation.
Bidders
By participating in this sale, the bidder agrees to be bound by Soundgas Auctions Limited Conditions of Business. Any buyer acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all arising obligations and liabilities, with the exception of the Auctioneers where they are acting on behalf of commission or other bidders.
Paddles
All intending bidders are required to register for a paddle bidding number with the reception prior to the auction. Bidders new to the sale rooms will be required to complete a paddle registration form and will be required to present proof of identity, proof of address and details of a valid debit or credit card in their name, which details may be retained on file by the auctioneers and used to secure payment for purchased lots. The auctioneer will not accept bids from a bidder in the room who has not registered for a paddle number. When a buyer is successful, the buyer will hold the paddle aloft and the auctioneer will record the paddle number as the buyer of the lot.
Commission Bids
Any person unable to attend the auction may request the auctioneer to bid on their behalf. This service is free of charge. Bidding forms are available on our site and clients must complete these fully at least 48 hours prior to the sale. All commission bidders will be required to supply proof of identity, proof of address and/or details of a valid debit or credit card in their name, details of which may be retained on file by the auctioneers and used to secure payment for purchased lots. Commission bidders are urged to ascertain whether or not they have been successful on the day of the sale . Lots will be purchased by the auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. ’Buy’ bids will not be accepted by the auctioneers. The auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute commission bids, or where a bidding slip has been completed incorrectly. We urge commission bidders, therefore, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.
Telephone Bids
Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the auctioneers, is dependent on the availability of telephone lines, and is only available on lots carrying a lower estimate of at least £1000 (e.g. catalogue estimate £1000-1500). All telephone bidders will be required to supply proof of identity, proof of address and/or details of a valid debit card in their name, which details may be retained on file by the auctioneers and used to secure payment for purchased lots. The auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.
Reserves
Lots entered into this sale may be subject to reserve prices.
Condition Reports
Reports on the condition of any lot are offered by the auctioneers as a statement of opinion only, and not of fact. Soundgas Auctioneers are not liable for any errors or omissions contained therein.
Condition
While indications of condition are given in some lot descriptions, an absence of such advice does not imply that a lot is free from defect, restoration or alteration. Prospective bidders must satisfy themselves as to the condition of a lot prior to bidding. Our staff can provide condition reports for those unable to attend our rooms.
Caveat Emptor
The principle of caveat emptor applies to the auction of all goods sold at auction by Soundgas Auctioneers. Furthermore, we have no control over the condition of any item offered for auction.
In the case of a dispute, the auctioneers reserve the right to re-offer any lot.
The bidding increments will be at the sole discretion of the auctioneer.
Responsibility for risk, loss or damage to any lot falls to the bidder upon the fall of the hammer or, if the lot is purchased privately, to the purchaser on the day when the contract is made. The auctioneers are not liable for any loss or damage occurring to a lot during clearing. Buyers may accept assistance from Soundgas Auctioneers staff members during clearing, but any loss or damage occurring to lots will be at the buyers’ risk.
Measurements
All measurements and weights provided in lot descriptions should be considered approximate.
Catalogue amendments
It is important for prospective bidders to check the latest version of the catalogue/website prior to the sale for any changes which may affect lots on which they intend to bid.
Payment
Payment is accepted in GB Pounds only by bank transfer at this time. Buyers will be held liable for any expenses arising from their method of payment. Soundgas do not accept credit cards or cheques.
Our bank details for transfers
Monzo Bank sort code 04-00-03 Account number 77166524
BIC MONZGB2L. IBAN. GB28 MONZ 0400 0377 1665 24
Collection
It is the buyer’s responsibility to collect all purchases by 3 days following the sale at the latest.
Carriage
We can provide a carriage service for any purchased lots. In some cases for larger items we will recommend delivery by van.
Please contact Soundgas Auctions for further details. No lots will be released to a third-party carrier without first being paid for in full.
Electrical Goods
Goods offered for sale which were once operated by electricity may not comply with statutory requirements and are offered for sale for display and historical research purposes only; these goods are not suitable for connection to the mains electricity supply. It is imperative that anyone wishing to use these goods for their original purpose have them checked by a qualified electrician prior to such use.
Where a member of the public causes damage to a lot (or part thereof) the auctioneers reserve the right to:
sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or lower estimate, whichever be the higher; or
hold that specific individual liable for the cost of restoration where appropriate; or
hold that specific individual liable for the full amount of the reserve price or lower estimate, whichever be the higher. N.B. Except where full payment has been made, title to the lot will remain solely with the seller.
Certain property sold at auction may be subject to laws governing export from the country where it was purchased and import into another country. It is the buyer’s responsibility to be aware of these restrictions and obtain any relevant licences.
CITES Restrictions
Any lots containing any amount of Brazilian rosewood and endangered species may be subject to restrictions when exporting outside of the EU. It will be the buyer’s responsibility to make sure that the relevant paperwork is in place before shipping.
Some lots are sold with CITES article 10 certificates, allowing the commercial use of an item containing an endangered species. Lots subject to this are marked in the catalogue
Import/Export
It is the buyers responsibility to obtain the correct import/export licences and CITES licences for items which they have purchased. Soundgas auctioneers take no responsibility for the export of goods unless by prior agreement.
Certain species are also subject to CITES regulations when exporting/importing these items out of the UK. CITES regulations are given on www.ukcites.gov.uk or may be obtained from:
The Animal and Plant Health Agency
Centre for International Trade
Horizon House
Deanery Road
Bristol BL1 5AH
wildlife.licensing@apha.gsi.gov.uk
0117 372 3700
Those species that are covered by the US Endangered Species Act (USESA) or The Migratory Bird Treaty Act (MBTA): potential US bidders should check with USF&W (US Fish and Wildlife Services) for trade/possession restrictions in the US prior to bidding.
