Tuesday General Terms of Consignment for Sellers
1. The words ‘you’, ‘yours’ etc refer to the Seller.
2. The Seller has full title to the property and has authority to sell the said property.
3. If the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller’s authority to contract.
4. The words ‘we’, ‘us’ etc refer to the Auctioneers.
5. Our auction charges are:
5.1. Rates are to be negotiated with Wellers of Guildford Directors
5.2. All charges are plus VAT.
6. Items for sale must be consigned to the saleroom by any stated deadline and at your expense. You may deliver items yourself on weekdays by appointment. Alternatively we can recommend an independent courier company, if needed, who would invoice you separately.
7. Nearly all lots in our sales are illustrated on the internet, and many lots in our Specialist sales are illustrated in our catalogue. The copyright in respect of such illustrations shall be the property of us, the Auctioneers, as is the text of the catalogue. Please note that unlike some auction houses we do not charge any type of photography fee.
Estimates, Reserves and Discretion
8. We advise you on the likely price your lot will achieve at auction, which is usually within a price range and the estimate reflects the minimum and maximum of that range.
8.1. Goods will normally be offered subject to a reserve agreed between us before the sale, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve.
8.2. Once a reserve is set it cannot be changed except with our consent.
8.3. Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
8.4. Reserves carry a discretionary discount of 10%, unless a ‘firm reserve’ is specifically requested by you.
8.5. It is important to note that the reserve cannot be higher than the bottom estimate on any lot.
9. These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
All electrical items purchased at auction should be treated as ‘sold as scrap or for spares’ unless otherwise stated.
10. The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense.
11. Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur.
12. Where possible please number your items and email us a digital list (MS Excel) with the number, full description and where relevant, the Reserve.
13. If an item is unsold you may collect within a specified time frame, which is usually within 7 days of the sale.
13.1. Uncollected lots are automatically entered into the next available sale with any reserve or estimate reduced by 50%.
13.2. Where in our opinion an item is unsaleable, you must collect such items from the saleroom promptly on being so informed. Otherwise, storage charges may be incurred at £1 per lot per day.
14. Please discuss with us as soon as possible, the re-offering of unsold lots
15. Lots withdrawn by the Seller prior to auction will attract charges as follows:
15.1. 5% commission levied on the bottom auction estimate.
15.2. All charges are plus VAT.
Conditions of Sale
16. You agree that all goods will be sold on our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to indemnify us and any buyer or third party in respect of breach of this undertaking.
Deduction of Charges
17. You authorise us to deduct commission and applicable charges at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
18. We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions
18.1. We reserve the right to make minimum warehousing charge of £1 per lot per day.
18.2. Unsold lots are subject to the same charges if you do not remove them within a reasonable time of notification.
18.3. If not removed within one week, we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
19. We pay by cheque or bank transfer normally within 28 working days of the sale:
19.1. unless the buyer has not paid for the goods.
19.2. In this case, no settlement will then be made but we will take your instructions as to whether you wish to collect or re-enter in the next suitable sale.