Terms and Conditions
Buyer Information
None use of brand names
Buyers are not permitted to use or refer to brand names, manufacturers names or store names in the resale of any goods and items purchased from any of our sales. Buyers found to be doing so will be issued an instant ban and will not be allowed to attend further sales.

Viewing
Lots can be viewed on the morning of the sale from 8.00 a.m.

Catalogue
Free auction catalogues are available on the morning of the sale. A fully illustrated catalogue can be viewed online and is updated daily.

Registration
All buyers must register to bid and obtain a paddle number from reception. To register you must provide a form of identity.

Buyers Premium
Each lot purchased is subject to a buyer’s premium of 16.5% plus VAT.

Vatable Lots
Buyers should note that most lots will be subject to VAT at the provailing rate on the hammer price. Our buyers premium is also chargeable, meaning that a £100.00 hammer price plus VAT plus Buyer Premium Invoice total £139.80.

Children
Please note: Children under the age of 14 are not allowed at the auction.

Commission Bids
If you cannot attend the sale Midland Furniture Auctions can carry out your bids up to a price specified. These will be executed as cheaply as allowed by the other bids received or reserve prices. If there are two or more commission bids received of the same value, preference is given to the bid received first. Commission bidding forms can be obtained from reception.

Payment and Collection
Payment can be made by cash, credit cards and debit cards. WE DO NOT ACCEPT American Express. All lots must be paid for and removed by 12.00 noon on the Friday following the auction sale. Collection can be made on the day of the sale (after the sale has completed) until 4pm, on Thursdays from 8am until 4pm and on Fridays from 8am until 12 noon.

Deliveries
Midland Furniture Auctions operate our own 7.5 T furniture lorries and 45' high cube articulated trailors and can deliver nationwide. Deliveries can be arranged on the day of the sale. See staff for details and quotations. For smaller deliveries we have a number of independant contractors we can recommend.

Seller information
Sellers Commission Rates
Our vendor commission rates are variable. The agreed commission rate is deducted from the hammer price achieved on each lot with a minimum commission of £1 per lot. All of our charges are subject to VAT. We work on a results only basis NO SALE, NO FEE. Unlike many competitors we DO NOT CHARGE for unsold lots, lotting or cataloguing fees, advertising fees or admin fees.

Payments
The net sale proceeds received from the buyer in cleared funds will be forwarded to the vendor after the auction. The net sale proceeds are the hammer prices less commission. Statement You will receive a fully itemized statement with your cheque. All we ask is when delivery is made to us you include a delivery note with any range names or stock codes you wish to see on your statement, for easy identification of the item sold and on going stock reconciliation.

Reserves
Any reserve prices must be supplied in writing at point of delivery to our sale rooms. Midland Furniture Auctions can accept no liability for any failure or confusion in applying reserve prices. To discuss the sale of YOUR stock, or to arrange a free site visit contact: Liz Darrington-Mosley or Dean Carpenter on 01773 832555 or email admin@midlandfurnitureauctions.co.uk

Conditions of sale applicable to buyers and vendors
1. Definitions
1.1
In these Conditions of Sale, the following conditions shall apply:
Auctioneers: Midland Furniture Auctions Limited
Buyer: means the Buyer of a Lot
Lot: the goods to be sold at auction
Vendor: the person, firm or company who instructs the Auctioneers to sell a Lot at an auction.

2. General
2.1
These Conditions of Sale, incorporating the terms applicable only to Buyers and terms applicable only to Vendors, set out the entire terms upon which the Auctioneers shall sell a Lot to a Buyer on behalf of a Vendor.

2.2
No terms or conditions provided by the Buyer shall form part of the contract for the sale of a Lot.

2.3
Whilst the Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any Lot:

(a) Each Lot as set out in the catalogue or as divided or combined with any other Lot or Lots sold by the Vendor are sold with all faults, imperfections and errors of description.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot unless they have been instructed in writing by the Vendor to so certify and in such case the Auctioneers do so as agents of the Vendor and are not themselves responsible for such claims.
(c) All statements whether printed in the catalogue or made orally as to any of the matters set out above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Auctioneers, unless they have been instructed in writing by the Vendor to so certify.
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any Lots are subject to any statements modifying or affecting the same made by the Auctioneers from the rostrum prior to any bid being accepted for the Lot.

2.4
Subject to condition 2.3 (d), neither the Vendor nor the Auctioneers, their servants or agents makes or gives, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any Lot and any implied conditions or warranties are excluded.

2.5
Nothing in these Conditions shall exclude or limit the Auctioneers’ liability for fraudulent misrepresentation.

3. The Auction
3.1
The Auctioneers have absolute discretion to:

(a) divide any Lot;
(b) combine any two Lots;
(c) withdraw any Lot or Lots from the auction;
(d) refuse bids;
(e) regulate bidding or cancel the sale without in any case giving any reason or without previous notice; and/or
(f) bid on behalf of the Vendor for all Lots, which are being offered subject to a reserve or at the Auctioneers’ discretion.

3.2
The Auctioneers may at their sole discretion determine the advance of bidding. No person may advance a bid less than a sum to be named from time to time by the Auctioneers.

3.3
If during the auction the Auctioneers consider that a dispute has arisen, they have absolute discretion to settle it immediately or to re-offer the Lot or withdraw the Lot.

3.4
Each Lot is put up for sale subject to any reserve price placed by the Vendor. Where no reserves have been placed the Vendor has the right to bid either personally or by any one person on his behalf (who may be the Auctioneers).

4. Rescission
Notwithstanding any other provisions of these Conditions, if within fourteen days after the sale the Auctioneers receive from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within twenty one days after such notification the Buyer returns the same to the Auctioneers, 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 and the Buyer agree to be bound by the Auctioneers’ decision.

5. Default
The Auctioneers act only as auctioneers and agents for the Vendor. The Auctioneers are not responsible for any default by either the Buyer or the Vendor. IN THE EVENT OF A SALE BY PRIVATE TREATY BOTH THE VENDOR AND THE BUYER AGREE TO BE BOUND BY THE GENERAL AND ANY SPECIAL CONDITONS OF SALE.

6. Third Party Liability
Every person on the Auctioneers’ premises at any time before, during or after the auction shall be deemed to be there at their own risk. They shall have no claim against the Auctioneers in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury damage or loss shall be caused by the negligence of the Auctioneers.

7. Governing Law
The contract for the sale of a Lot and any dispute arising out of or in accordance with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
Conditions of sale applicable to buyers
1. Bidder Status
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.

2. Inspection
Opportunity is given for inspection of each Lot. Each Buyer by making a bid for a Lot warrants that he has satisfied himself fully before bidding by inspection or otherwise to all the Conditions of Sale, the physical condition of and description of the Lot including but not restricted to whether the Lot is damaged or has been repaired.

3. Commission to Bid
3.1
The Auctioneers will execute bids on behalf of intending bidders unable to attend the auction at no charge. Bids must be submitted in writing. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing before the day of the auction.

3.2
The Auctioneers undertake to purchase Lots as cheaply as allowed by other bids and reserves. Whilst every care is taken in carrying out instructions of the bidder, the Auctioneers cannot be held responsible for errors or omissions made in carrying out such bids.

4. Purchase Price
4.1
The highest bidder for each Lot shall be the Buyer of that Lot except in the case of dispute.

4.2
The Buyer shall pay the hammer price plus VAT, if applicable together with the Auctioneers’ commission at the stated rates prevailing on the day of the auction on the hammer price and storage charges, if applicable.

4.3
Lots on which VAT is payable are indicated in the auction catalogue. VAT is payable at the rates prevailing on the day of auction.

4.4
Each Buyer shall forthwith give his full name and permanent address and if called upon to do so by the Auctioneers shall pay a percentage of the purchase price as a deposit in part payment.

4.5
The Buyer shall pay the purchase price plus commission plus VAT, if applicable in full and in cleared funds to the Auctioneers within 48 hours of sale. Cheques will not be accepted.

5. Property and Risk
5.1
The legal title in a Lot shall not pass to the Buyer until the Lot has been paid for in full and the Auctioneers shall be entitled to a lien on any Lot sold until the purchase price is paid in full.

5.2
Each Lot shall be at the sole risk of the Buyer from the fall of the hammer.

6. Removal of Lots
6.1
No Lot shall be claimed or removed until the auction has been concluded and the purchase price has been paid by the Buyer in full.

6.2
All Lots shall be removed at the Buyer’s risk and expense within 48 hours of the sale. The Auctioneers shall not be responsible if the Lot is lost, stolen, damaged or destroyed prior to the Lot being removed from the Auctioneers’ premises.

6.3
All Lots not removed shall remain at the risk of the Buyer and subject to storage charges at the rate prevailing on the day of the auction.

6.4
If Lots are not removed and paid for within seven days of the sale, the Auctioneers may resell them by auction or privately without notice to the Buyer.

6.5
In the event of any failure of the Buyer to comply with conditions 4 and/or 6 the damages recoverable by the Vendor or the Auctioneers from the Buyer shall include any loss arising on any resale of the Lots, together with the storage charges and other expenses incurred by the Auctioneers in respect of the resale together with interest. Any deposit in part payment of the purchase price shall be held by the Auctioneers on account of any liability of the Buyer to them or to the Vendor.

6.6
Any liability to the Buyer on the part of the Auctioneers in respect of a resale of a Lot shall be restricted to a maximum of the price paid by the Buyer for the Lot, less the charges and expenses incurred by the Auctioneers in respect of the resale together with interest.

7. Parking
ALL AUCTION VISITORS - PLEASE AVOID PARKING ON THE ROAD AND PARK ON-SITE USING THE PLAN, AS MUCH AS POSSIBLE. We kindly ask visitors to work with staff and park where instructed.