Conditions of Business

See also AuctionYourProperty's User Agreement

The nature of the relationship between, Wild in Art, Sutton Kersh and Bidders and the terms on which Sutton Kersh (as auctioneer) and Wild in Art contract with Bidders are set out below.

Bidders' attention is specifically drawn to Conditions 3 and 4 below, which require them to investigate lots prior to bidding and which contain specific limitations and exclusions of the legal liability of the Auctioneers and Sellers. The limitations and exclusions relating to Sutton Kersh are consis¬tent with its role as auctioneer of large quantities of goods of a wide vari¬ety. Bidders should pay particular attention to these Conditions.

1. lntroduction

(a) As auctioneer, Sutton Kersh act as agent for Wild in Art. A sale contract is made directly between Wild in Art and the Buyer.

2. Common Terms

In these Conditions of Business:
“Go Superlambananas” is the event that is owned and managed by Wild in Art Limited. Bidder" is any person considering, making or attempting to make a bid, by whatever means, and includes Buyers;
"Buyer" is the person who makes the highest bid or other accepted by the auctioneer, and includes such person's principal when bidding as agent; "Buyer's Expenses" are any costs or expenses due from the Buyer, including an amount in respect of applicable VAT thereon;
"Hammer Price" is the highest bid accepted by the auctioneer at the close of the online auction at 12 noon on Tuesday 23rd September, or in the case of a post-auction sale, the agreed sale price;
"Purchase Price" is the Hammer Price. The purchase price is then subject to VAT.
"Reserve" is the (confidential) minimum Hammer Price at which the Seller has agreed to sell a lot;
"Seller" is the person offering a lot for sale – Wild in Art Ltd, Registered Company Number 6166501 Registered address – 286 Strines Road, Strines, Stockport, Cheshire, SK6 7GB
"Sutton Kersh" means Sutton Kersh, the limited company that has its head office at 2 Cotton Street, Liverpool, L3 7DY;
"VAT" is Value Added Tax at the prevailing rate. Further information is contained in the Guide for Prospective Buyers.

3. Duties of Bidders and of Sutton Kersh in respect of items for sale

(a) Each lot offered for sale may or may not be available for inspection by Bidders prior to the sale. Bidders must satisfy themselves as to both the condition of the lot and the accuracy of its description.
(b) All lots are offered for sale in the condition they are in at the time of the auction. Illustrations are for identification purposes only and will not convey full information as to the actual condition of lots.
(c) Information provided to Bidders in respect of any lot, including any estimate, whether written or oral and including information in any cata¬logue, condition or other report, commentary or valuation, is not a repre¬sentation of fact but rather is a statement of opinion genuinely held by Wild in Art. Any estimate may not be relied on as a prediction of the sell¬ing price or value of the lot and may be revised from time to time.
(d) No representations or warranties are made by Wild in Art whether any lot is subject to copyright or whether the Buyer acquires copyright in any lot.

4. Exclusions and limitations of liability to Buyers

(a) In the light of the matters in Condition 3 above and subject to Conditions 4(a), neither Sutton Kersh’s Company nor the Seller:
(i) is liable for any errors or omissions in information provided to Bidders by Sutton Kersh (or Wild in Art), whether orally or in writing, whether negligent or otherwise;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by law) other than the express warranties given by the Seller to the Buyer in Condition 2 of the Sellers' Conditions of Business;
(iii) accepts responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by Sutton Kersh in connection with the con¬duct of auctions or for any matter relating to the sale of any lot.
(b) Without prejudice to Condition 4(b), any claim against Sutton Kersh or the Seller by a Bidder is limited to the Purchase Price with regard to that lot. Neither Sutton Kersh nor the Seller shall under any circumstances be liable for any consequential losses.
(c) None of this Condition 4 shall exclude or limit Sutton Kersh's liability in respect of any fraudulent misrepresentation made by Sutton Kersh or the Seller, or in respect of death or personal injury caused by the negligent acts or omissions of Sutton Kersh or the Seller.

5. Bidding at Auction

(a) Sutton Kersh and Wild in Art have absolute discretion to refuse registration for the auction. Bidders act as principal unless they have Sutton Kersh's prior written consent to bid as agent for another party. Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as agent.
(b) Sutton Kersh advises Bidders to monitor the auction if possible throughout its seven day duration

6. Conduct of the Auction

(a) Unless otherwise specified, all lots are offered subject to a Reserve, which shall be no higher than the low presale estimate at the time of the auction.
(b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the close of the auction at 12 noon on Tuesday 23rd September) if he believes there may be error or dispute, and take such other action as he reasonably thinks fit.
(c) The electronic auction model will commence and advance the bidding at levels and in increments stated in the user agreement and is entitled to place a bid or series of bids on behalf of Wild in Art up to the Reserve on the lot, with¬out indicating he is doing so and whether or not other bids are placed.
(d) Subject to Condition 6(b), the contract between the Buyer and Wild in Art is concluded on the closing of the online auction , whereupon the Buyer becomes liable to pay the full Purchase Price plus VAT.
(e) Any post-auction sale of lots offered at auction shall incorporate these Conditions as if sold in the auction.

7. Payment and Collection

(a) Your obligation to pay the purchase price arises when the Lot is knocked down to you on the close of the online auction at 12 noon on Tuesday 23rd September 2008 in respect of the Lot.
(b) Time will be of the essence in relation to payment of the purchase price and all other sums payable by you to Sutton Kersh. Unless agreed in writing with you by Sutton Kersh on the seller’s behalf (in which case you must comply with the terms of that agreement), all such sums must be paid to Sutton Kersh by you in the currency in which the sale was conducted within 48 hours of you, the buyer, receiving an e-mail from Auction Your Property.com confirming that you are the winning bidder and you must ensure that the funds are cleared by the 7th working day after the sale. Payment must be made to Sutton Kersh by Google Checkout unless otherwise agreed with you in writing by Sutton Kersh. If you do not pay any sums due in accordance with this clause, the seller will have the rights to withhold the lot.
(c) Title in a purchased lot will not pass until Sutton Kersh has received the Purchase Price plus VAT for that lot in cleared funds. Sutton Kersh and Wild In Art are not obliged to release a lot to the Buyer until the purchase price plus VAT for the lot in cleared funds has been received, and any earlier release does not affect the passing of title or the Buyer's unconditional obligation to pay the Purchase Price plus VAT.
(c) The purchaser is responsible for organising collection and delivery of their purchase and lots must be collected by 6pm on the 30th September 2008 unless otherwise agreed in writing with Wild in Art. The purchaser will be responsible for paying the daily storage cost of £20 per day from the 1st October 2008. Failure to collect a lot by 31st October 2008 unless a written agreement has been made with Wild in Art prior to this date, will result in Wild in Art retaining the title of the lot. Purchased lots are at the Buyer's risk (and therefore their sale responsibility for insurance) from collection or after 6pm on the 30th September 2008.

8. Failure to pay for the lot

(a) If the purchase price for a lot is not paid to Sutton Kersh in full in accordance with the contract for sale the seller will be entitled, with the prior written agreement of Sutton Kersh but without further notice to you, to exercise one or more of the following rights (whether through Sutton Kersh or otherwise):

(1) To terminate immediately the contract for sale of the lot for your breach of contract
(2) To re-sell the lot by auction, private treaty or any other means on giving seven days written notice to you of the intention to resell
(3) To retain possession of the lot
(4) To remove and store the lot at your expense
(5) To take legal proceedings against you for any sum due to the contract for sale and / or damages for the breach of contract
(6) To be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per annum above the base rate of HSBC bank from time to time to be calculated on a daily basis from the date upon which some monies become payable until the date of the actual payment
(7) To repossess the lot (or any part thereof) which has not become your property, and for the purpose (unless the buyer buys the lot as a consumer from the seller selling in the course of a business) you hereby grant an irrevocable licence to the seller by himself and to his servants or agents to enter upon all or any of your premises (with or without vehicles) during normal business hours to take possession of the lot or part thereof
(8) to retain possession of any other property sold to you by the seller at the sale or any other auction or by private treaty until all sums due under the contract of sale shall have been paid in full in cleared funds
(9) to retain possession of, and on three months written notice to sell, without reserve, any of your other property in the possession of the seller and or Sutton Kersh (as bailee for the seller) for any purpose (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such sale in satisfaction or part satisfaction of any amounts owed to the seller or to Sutton Kersh; and
(10) so long as such goods remain in the possession of the seller or Sutton Kersh as it’s bailee, to rescind the contract for the sale of any other goods sold to you by the seller at the sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the seller or to Sutton Kersh by you

(b) you agree to indemnify the seller against all legal and other costs of enforcement, all losses and other expenses and costs (including any monies payable to Sutton Kersh in order to obtain the release of the lot) incurred by the seller (whether or no court proceedings will have to be issued) as a result of Sutton Kersh taking steps under this clause 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in clause 8.a.6 from the date upon which the seller becomes liable to pay the same until payment by you.
(c) on any re-sale of the lot under clause 8.a.2, the seller will account to you in respect of any balance remaining from any monies received by him or on his behalf in respect of the lot, after the payment of all sums due to the seller and to Sutton Kersh within 28 days of receipt of such monies by him or on his behalf

9. The seller's liability

(a) The seller will not be liable for any injury, loss or damage caused by the lot after the fall of the Auctioneer’s hammer in respect of the lot.
(b) The seller will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967, or in any other way) for any lack of conformity with, or inaccuracy of the lot or any entry or estimate in relation

10. General

(a) All images and other materials produced for the auction are the copy¬right of Wild in Art, for use at the discretion of Wild in Art.
(b) Should any provision of these Conditions of Business be held unen¬forceable for any reason, the remaining provisions shall remain in full force and effect.
(c) These Conditions of Business are not assignable by any Buyer without Wild in Art prior written consent, but are binding on Buyers' succes¬sors, assigns and representatives. No act, omission or delay by Wild in Art shall be deemed a waiver or release of any of its rights.

11. Law and Jurisdiction

(a) Governing Law
These Conditions of Business and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and inter¬preted in accordance with English law.

(b) Jurisdiction
For the benefit of Sutton Kersh and Wild in Art, all Bidders and Sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Business relate or apply. All parties agree that Sutton Kersh shall retain the right to bring proceedings in any court other than the Courts of England.

(c) Service of Process
All Bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by English law, the law of the place of service or the law of the jurisdiction where proceedings are instituted, at the last address of the Buyer or Seller known to Sutton Kersh or any other usual address.

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