Terms and Conditions
Auctioneer refers to Fatboy Auctions Ltd, the registered address is 3 Fairview Court, 119-127 Fairview Road, Cheltenham, Gloucestershire, GL52 2EX.
Goods refers to and single item or groups of items that are offered to The Auctioneer to sell on behalf of the owner of the items or item.
The Auctioneer will sell goods, acting as an agent, on behalf of sellers who are independent of The Auctioneer, therefore, The Auctioneer cannot be held responsible for any default by the seller or the buyer.
The seller warrants to the Auctioneer and to the buyers that he is the true owner of the any goods offered for sale or is authorised to sell the goods by the true owner and is able to transfer title to the goods free from any third party claim. The seller will indemnify the Auctioneer, it’s servants and agents and the buyer against any loss, damage or liability suffered by them in consequence of any breach of the above warranty on the part of the seller, howsoever arising including all costs and expenses incurred by the Auctioneers or on their in dealing with any such claim.
All pictures, photographs and illustrations used on The Auctioneers web site or in any catalogue are soley for guidance and any buyer intending to purchase any goods must satisfy themselves as the actual tone and colour of any item.
All buyers must satisfy themselves as the the physical condition of any item and must not rely solely on any catalogue descriptions.
With regard to statements made in catalogues, whether published in hard copy or on-line, the seller nor the Auctioneer are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any goods, or any other areas of description.
Neither the seller nor the Auctioneers are responsible for any faults or defects in any goods and all sales are final. No returns will be accepted in any circumstances unless it can be proved that any goods, which were sold in good faith, are subsequently found to be fake or counterfeit. Should a buyer feel that and goods are fake or counterfeit, they should not be removed from the Auctioneers premises. Once goods have been removed from the Auctioneers premises, the Auctioneer cannot accept any liability for refunds for any goods that are subsequently returned as fake or counterfeit.
Neither the seller nor the Auctioneer nor any person in their employ, make or have any authority to make any representation or warranty nor are they responsible for any representation or warranty or any statement in the Catalogues, advertisements or brochures of forthcoming sales or illustrations therein.
The Auctioneer reserves the right to refuse the right of admission to it’s premises and to it’s Auctions to any person who the Auctioneer considers to be disruptive to the harmony of the conduct of business at the premises, the Auctioneer further reserves the right to ban any persistant disruptive persons from any future Auctions, whether conducted at the Auctioneers premises or not.
All persons entering the premises shall be aged 16 or above.
The Auctioneers have absolute discretion without giving any reason to refuse any bid, to divide any lot, to combine any two or more lots, to withdraw any lot from the auction and in case of dispute put up any lot for auction again.
The seller shall be entitled prior to the auction to place a reserve price on any goods. A reserve price once placed by the seller shall not be changed without the consent of the Auctioneers. Reserves are absolute or discretionery, in the event of an absolute reserve, the Auctioneer will not sell the goods for any bid that falls below the reserve. In the event of a discretionery reserve, the Auctioneer may at his discretion, accept any final bid that falls below the reserve, if in the opinion of the Auctioneer one or two more bids would have exceeded the reserve.
Any dispute as to any bid shall be settled at the Auctioneers’ absolute discretion. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by the Auctioneers that he acts as agent on behalf of a named principal.
The highest bidder acceptable to the Auctioneers shall be the purchaser. If, during or immediately after the sale of the goods, the Auctioneer considers that a dispute has arisen or that there is any other reason for doing the Auctioneer may at his absolute discretion immediately put up the goods again for sale or, alternatively, he shall be the sole arbitrator in any dispute between two or more bidders and his decision shall be final and binding on all concerned. If the Auctioneer feels that the highest bidder did not make the bid in good faith or was not authorised to make such a bid, the Auctioneer may at it’s absolute discretion offer the goods to the second highest bidder.
A buyer’s commission of 20% will be added to all bids on goods, with the exception of vehicles where the commission is 10% unless otherwise stated. VAT shall be added to the commission only unless otherwise stated.
The purchaser shall give to the Auctioneers his name and address and, if so required his bank or other suitable references. He may be required to pay forthwith the whole or any part of the purchase price, and if he fails to do so the lot or lots may at the Auctioneers’ absolute discretion be put up again and re-sold.
Goods may be removed during the sale, provided such goods have been paid for in full with cleared funds.
Purchasers shall pay for and remove all goods won at their own expense and risk as soon as possible and in any event by 4pm the day after the sale. Any goods not paid for and removed by the purchaser by such time may be re-sold by the Auctioneers either by private treaty at any price or without reserve in their or any other auction room. A cheque for any balance of proceeds of re-sale remaining after deducting the balance of the purchase price payable by the purchaser and all other costs and expenses relating to the lots will be posted at the purchaser’s risk to the purchaser at his last known address. If the proceeds of re-sale are insufficient to cover the balance of the purchase price and all other costs and expenses the purchaser shall pay the amount of the deficiency forthwith on demand to the Auctioneer.
If the Auctioneer decide to store any goods or cause it to be stored whether at their own premises or elsewhere this will be at the sole expense of the purchaser and the goods will only be released after payment in full of the purchase price, the accrued costs of removal, storage and all other costs incurred in connection with the goods. The Auctioneer may also charge interest at a rate of 2% above the base rate of National Westminster plc from time to time on the purchase price to the extent it remains unpaid for more than seven days from the date of the sale.
The title in the goods shall not pass to the purchaser until he has paid the purchase price in full, but the goods shall be at the purchaser’s risk in all respects from the fall of the hammer. The Auctioneer shall be entitled to lien on any goods sold until the purchase price is paid in full by the purchaser and shall further be entitled to forfeit any money deposited in part payment, should full payment not be made within seven days.
Any damage done to the premises or to any goods or part of parts thereof by the purchaser shall be made good at the expense of the purchaser. Neither the Auctioneer nor it’s servants or agents shall after the fall of the hammer thereof be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any goods are in their custody or under their control.
The seller authorises the Auctioneers to deduct commission of 15% from the purchase price. VAT will be applied to the commission only.
The Auctioneers shall remit the proceeds of the sale to the seller not later than 28 days after the auction.
Where a seller cancels instructions for the sale, the Auctioneers reserve the right to charge a fee of 10% of the Auctioneers’ then latest estimate of the auction price of the property withdrawn, plus VAT and storage.
Where any lot fails to sell, the Auctioneer will notify the seller accordingly. The seller will make arrangements either to re-offer the lot for sale or to collect the lot and pay commission at the rate of 5% of the reserve price. If such arrangements are not made: –
(i) Within seven working days of notification, the seller will be responsible for any removal, storage and insurance expenses.
(ii) Within three months of notification, the Auctioneers will have the right to sell the lot at public auction without reserve and to deduct from the purchase price any sum owing to the Auctioneers including removal, storage and insurance expenses, commission in respect of the first auction and commission on the sale at the second auction and all other reasonable expenses before remitting the balance to the seller.
Should the buyer of any goods be physically unable to collect then arrangements can be made using one of the following options; Delivery via our own vehicles, Royal Mail, Pallex or Fedex provided the purchaser pays the cost of such delivery. Whilst every effort will be made to pack all goods carefully, the seller must indemnify the Auctioneer against any loss or damage howsoever caused and will not hold the Auctioneer, it’s employees or it’s agents liable for any costs of replacement or reinstatement.
All buyers must register and be approved by the Auctioneer prior to placing any bids.