Conditions of Sale

  


 

Public Auction Conditions of Sale

 

These are the terms and conditions (these “terms”), together with any notices or additional terms set out in the catalogue, that apply when you purchase Lots at Live Auctions hosted by the Auctioneer (all as defined below) and will form the basis of the contract you form with the Seller.  Please note that our online auction conditions of sale will apply when you place bids at our Online Auctions (defined below). 

These terms limit the extent of the Seller’s liability to you.  We recommend that you inspect the Lot before submitting a bid. 

Please note that if you register to bid on the Auctioneer’s Website, or a Third Party Platform, you agree to comply with these terms. 

These terms may change from time to time.  Every time you wish to place a bid at a Live Auction, please review these terms.  These terms were most recently updated on 1st September 2021. 

  1. Interpretation
    • Definitions:

“Auctioneer”, “we” or “us”

Lay’s Auctioneers Limited (trading as David Lay Auctions) registered with company number 11855371;     

“Auction Date”

the date on which the Live Auction takes place;

Auctioneer’s Website”

the Auctioneer’s website currently located at www.davidlay.co.uk together with such other website which may be developed by the Auctioneer from time to time;

“Bidder”

the person, firm, or company who submits bids at the Live Auction;

"Buyer" or “you”

the Bidder who submits the highest bid accepted by the Auctioneer or the person who the Auctioneer declares as Buyer of the Lot;

"Buyer’s Premium"

the amount payable by the Buyer to the Auctioneer which shall be calculated at the rate of 18% of the Hammer Price exclusive of VAT;

“Commission Bid”

a bid submitted (up to an agreed maximum) on the Bidder’s behalf at the Live Auction;

“Estimate”

the Auctioneer’s opinion of the possible Hammer Price;

“Hammer Price”

the amount payable by the Buyer for the Lot;

“Live Auction”

public auctions conducted by the Auctioneer where Bidders may inspect the Lots and place bids in person, online or via the telephone;  

"Lot"

any item which is offered for sale at a Live Auction;

“Online Auction”

a Timed Online Auction (External) or a Timed Online Auction (Internal);

"Seller"

the person who offers the Lot for sale;

“Timed Online Auction (External)”

online auctions conducted by the Auctioneer where Bidders may inspect the Lots in person and place bids via the Auctioneer’s Website or a Third Party Platform;

“Timed Online Auction (Internal)”

online auctions conducted by the Auctioneer where Bidders may view the Lots on the Auctioneer’s Website and place bids via the Auctioneer’s Website;  

“Third Party Platform”

the auction platform provided by a third party, on which the Bidder may place bids in relation to the Live Auction; and

“Written Description”

the written description of the Lot set out in the catalogue under the ‘description’ subtitle of individually numbered Lot.

  1. The Auctioneer’s role
    • We are appointed to act as the Seller’s agent and (unless otherwise stated) sell lots on behalf of the Seller. These terms, together with any notices and additional terms set out in the catalogue, shall form the basis the contract you form with the Seller. 
    • When we use the words "writing" or "written" in these terms, this includes emails.

  2. Bidding Process
    • You agree:
      • to register as a user on the Auctioneer’s Website, or a Third Party Platform, before submitting any online bids at a Live Auction;
      • to register as a bidder with the Auctioneer before submitting any bids in person, by telephone or via a Commission Bid;
      • that you are at least 16 years old and are not bidding on behalf of a third party; and
      • that you are responsible for obtaining, at your own cost, such import licences and other consents in relation to the Lots as are required from time to time and, if required, those licences and consents shall be made available to us prior to collection.
    • You will be given the possibility to attend the Live Auction in person and may inspect the Lot to determine its actual state and condition before placing any bids.
    • You agree that you are purchasing the Lot solely as a result of your own inspection and on the basis of these terms and have not in reliance upon any advertisement, statement, representation or warranty (either written or oral or implied) made by or on behalf of the Seller or by or on behalf of the Auctioneer.

  3. Contract Formation
    • The Auctioneer shall declare the Buyer of the Lot at the fall of the Auctioneer’s hammer. In the event that two bids are submitted at the same time, the Auctioneer shall have the sole discretion to decide and declare who is the Buyer of the Lot. 
    • The Auctioneer’s declaration of the Buyer, will take place at the fall of the Auctioneer’s hammer at which point a contract will come into existence between you and the Seller (“Contract for Sale”).
    • You may have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and are buying the Lot mainly for your personal use. You are a business if you are buying the Lot in the course of business.
    • If you are a business Bidder these terms constitute the entire agreement between you and the Seller. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by the Seller, or us (acting on the Seller’s behalf), which is not set out in these terms or the Written Description and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.
    • You are responsible for obtaining, at your own cost, such import licences and other consents in relation to the Lot as are required from time to time and, if required, those licences and consents shall be made available to the Auctioneer prior to collection.

  4. Title and Risk
    • The Lot will be your responsibility from the time of the fall of the Auctioneer’s hammer.
    • You will own the Lot once the Auctioneer has received:
      • in full and cleared sums, the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer; and
      • all information from you in accordance with clause 2.
  1. Collecting the lot
    • The Buyer agrees that they are responsible for collecting the Lot (together with any costs associated with packing, handling, transporting, importing and exporting the Lot) from the Auctioneer’s premises.
    • We may need certain information from you so that we can release the Lots to you, for example, evidence of your identity, source of funds and import licences. We may contact you to ask for this information. If you do not give us this information within a reasonable time of asking for it, or if you give incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Lots late, or not supplying the Lot, if this is caused by you not giving us, on the Seller’s behalf, the required information within a reasonable time.
    • Once the Auctioneer has received the Hammer Price, all other sums owed by you to the Seller and Auctioneer and has completed its enquiries relating to the source of funds, the Lot will be released for collection. If you do not pay us in accordance with clause 7, we will not release the Lots to you and we may also charge you interest on your overdue payments and storage costs.
    • The Buyer agrees to collect the Lot with the collection periods displayed on the Auctioneer’s Website. If you do not collect the Lot within the collection periods displayed on the Auctioneer’s Website, we may charge you for:
      • storage costs, in accordance with our standard rates from time to time in force (currently charged at a daily rate of £2 plus VAT per Lot); and
      • an administration fee (currently, £10 plus VAT), which you shall pay on demand.

  1. Payment
    • The Hammer Price shall be confirmed by the Auctioneer at the fall of the Auctioneer’s Hammer and will be set out in the invoice issued to the Buyer [at the Live Auction]. You agree to pay the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer within one Business Day of the Auction Date. 
    • Time shall be of the essence for payment and you agree to pay the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer within one Business Day of the Auction Date.
    • We accept payment by cash (provided that the Hammer Price is less than €10,000), debit, credit card or by bank transfer. You must pay the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer before we release the Lot to you. 
    • If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding.
    • Unless otherwise stated, all sums payable excludes amounts in respect of VAT, Goods and Services Tax or any other sales tax, which the Buyer shall additionally be liable to pay at the prevailing rate (if applicable).

  2. Failure to make payments or collect
    • If you fail to pay the Hammer Price (and all other sums which are, or become, due) or fail to collect the Lot in accordance with clause 6, we may:
      • terminate the Contract for Sale with immediate effect;
      • sell the Lot on providing written notice to you. If you have paid all sums due in accordance with clause 1, you shall appoint the Auctioneer to act as your agent for the purpose of selling the Lot in accordance with the separate contract you form with the Auctioneer; 
      • notify the Auctioneer and the Auctioneer may refuse to allow you to participate in any future auctions hosted by it;
      • notify the Auctioneer and the Auctioneer may refuse to allow you to submit any other bids at any future auctions hosted by it;
      • notify the operator of the Third Party Platform;
      • take legal action against you for the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer;
      • retain possession of any other property sold to you by the Seller until the outstanding payments have been made; and
      • charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • If we sell the Lot at a subsequent auction in accordance with clause 1(b), we shall:
      • if you have not paid all sums due in accordance with clause 1, account to the Seller for the proceeds of sale and you shall remain liable for the any shortfall between the amount received and the Hammer Price and any costs and expenses associated with the sale;
      • if you have paid all sums due in accordance with clause 1, account to you for the proceeds of sale (after deducting all sums due to the Seller and the Auctioneer) within 30 days of receipt of the sale proceeds.
    • You agree to indemnify the Seller against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Seller arising out of or in connection with the Auctioneer taking steps in accordance with this clause 8.

  3. Consumer cancellation right

You shall have no right to cancel the Contract for Sale concluded at a Live Auction. 

  1. Our rights to end the contract
    • We (acting on the Seller’s behalf) may terminate the Contract for Sale at any time by writing to you if:
      • you do not make any payment to us when it is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Lots to you;
      • you do not, collect the Lots from us in accordance with clause 4.
    • If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Lots we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  2. The Seller’s warranties
    • The Seller warrants that:
      • it is the owner of the Lot; and
      • it sell the Lots with full title guarantee free from all liens, charges, encumbrances and third party claims.
    • Subject to any notices or additional terms set out in the catalogue, the Lot shall correspond with the Written Description set out in the catalogue. The Buyer acknowledges and agrees that the Lot shall not correspond with any other information set out in the catalogue including Estimate. 
    • Unless the Seller is a trader and the Buyer is a consumer, it does not make any statement, promise, representation, assurance or warranty in relation to the Lot being of satisfactory quality or fit for purpose.

  3. The Seller’s liability
    • Nothing in these terms shall limit or exclude the Seller’s liability for:
      • death or personal injury caused by the Seller’s negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the conditions implied by section 12 of the Sale of Goods Act 1979; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability (including the terms implied by the Consumer Rights Act 2015 which shall apply if the Seller is a trader and the Buyer is a consumer).
    • Subject to clause 1, if the Seller is not a trader or the Buyer is not a consumer:
      • the Seller shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract for Sale, including in connection with any description of the Lot whether made orally or in writing (excluding the Written Description);
      • the Seller’s total liability to you for all other losses arising under or in connection with the Contract for Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Hammer Price; and
      • all conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
  1. Communications
    • Any notice or other communication given under or in connection with these terms must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email. If the notice is to the Seller or the Auctioneer, it shall be addressed to c/o Lay’s Auctioneers Limited to the address specified in the catalogue and if to the Buyer, it shall be addressed to the Buyer at the address provided when registering to bid at the Live Auction. 
    • A notice or other communication is deemed to have been received if delivered by hand, at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or if sent by email, at 9.00 am the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  2. Miscellaneous
    • We (acting on the Seller’s behalf) will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract for Sale that is caused by any act or event beyond our reasonable control.
    • The Seller may transfer its rights and obligations under the Contract for Sale to another organisation.
    • You shall not transfer your rights or your obligations under the Contract for Sale to another person.  
    • The Contract for Sale between you and the Seller. No other person shall have any rights to enforce any of its terms.
    • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If the Seller does not insist immediately that you do anything you are required to do under these terms, or is delayed in taking steps against you in respect of your breaking the Contract for Sale, that will not mean that you do not have to do those things and it will not prevent the Seller from taking steps against you at a later date.
    • If you are a consumer, these terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
    • If you are a business, any dispute or claim arising out of or in connection with the Contract for Sale or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

 

 Last updated: September 2021

 

  


 

(Timed) Online Auction Conditions of Sale

 

These are the terms and conditions (these “terms”), together with any notices or additional terms set out in the catalogue, that apply when you purchase Lots at Online Auctions hosted by the Auctioneer (all as defined below) and will form the basis of the contract you form with the Seller.  Please note that our public auction conditions of sale will apply when you place bids at our Live Auctions (defined below). 

Please note that if you register to bid on the Auctioneer’s Website, or a Third Party Platform, you agree to comply with these terms. 

These terms may change from time to time.  Every time you wish to place a bid at an Online Auction, please review these terms.  These terms were most recently updated on 1st September 2021. 

  1. Interpretation
    • Definitions:

“Auctioneer”, “we” or “us”

Lay’s Auctioneers Limited (trading as David Lay Auctions) registered with company number 11855371;     

“Auction Date”

the date on which the Online Auction takes place;

Auctioneer’s Website”

the Auctioneer’s website currently located at www.davidlay.co.uk together with such other website which may be developed by the Auctioneer from time to time;

“Bidder”

the person, firm, or company who submits bids at the Online Auction;

"Buyer" or “you”

the Bidder who submits the highest bid accepted by the Auctioneer or the person who the Auctioneer declares as Buyer of the Lot;

"Buyer’s Premium"

the amount payable by the Buyer to the Auctioneer which shall be calculated at the rate of 18% of the Hammer Price exclusive of VAT;

“Estimate”

the Auctioneer’s opinion of the possible Hammer Price;

“Hammer Price”

the amount payable by the Buyer for the Lot;

“Live Auction”

public auctions conducted by the Auctioneer where Bidders may inspect the Lots and place bids in person, online or via the telephone;  

"Lot"

any item which is offered for sale at an Online Auction;

“Online Auction”

a Timed Online Auction (External) or a Timed Online Auction (Internal);

"Seller"

the person who offers the Lot for sale;

“Timed Online Auction (External)”

online auctions conducted by the Auctioneer where Bidders may inspect the Lots in person and place bids via the Auctioneer’s Website or a Third Party Platform;

“Timed Online Auction (Internal)”

online auctions conducted by the Auctioneer where Bidders may view the Lots on the Auctioneer’s Website and place bids via the Auctioneer’s Website;   

“Third Party Platform”

the auction platform provided by a third party, on which the Bidder may place bids in relation to the Online Auction; and

“Written Description”

the written description of the Lot set out in the catalogue under the ‘description’ subtitle of individually numbered Lot.

 

 

  1. The Auctioneer’s role
    • We are appointed to act as the Seller’s agent and (unless otherwise stated) sell lots on behalf of the Seller. These terms, together with any notices and additional terms set out in the catalogue, shall form the basis the contract you form with the Seller. 
    • If the Seller is a trader (acting in the course of business), the catalogue will identify if the Seller is a trader.
    • When we use the words "writing" or "written" in these terms, this includes emails.

  2. Bidding Process
    • You agree:
      • to register as a user on the Auctioneer’s Website, or a Third Party Platform, before submitting bids at an Online Auction;
      • that you are at least 16 years old and are not bidding on behalf of a third party; and
      • that you are responsible for obtaining, at your own cost, such import licences and other consents in relation to the Lots as are required from time to time and, if required, those licences and consents shall be made available to us prior to collection.

  1. Contract Formation
    • Your bid shall constitute an offer to purchase the Lot for the price set out in the bid.
    • We shall declare the Buyer of the Lot at the close of the Online Auction. In the event that two bids are submitted at the same time, we shall have the sole discretion to decide and declare who is the Buyer of the Lot. 
    • Our acceptance of the highest bid, and declaration of the Buyer, will take place when we issue an invoice and covering email to the highest bidder (“Invoice”), at which point a contract will come into existence between you and the Seller (“Contract for Sale”).
    • The Invoice will confirm the Hammer Price (together with the buyer’s premium and any other sums due from you), a description of the Lot, the Auction Date and the collection periods for the Lot.
    • You may have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and are buying the Lot mainly for your personal use. You are a business if you are buying the Lot in the course of business.
    • If you are a business Bidder these terms constitute the entire agreement between you and the Seller. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by the Seller, or us (acting on the Seller’s behalf), which is not set out in these terms or the Written Description and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the contract.
    • You are responsible for obtaining, at your own cost, such import licences and other consents in relation to the Lot as are required from time to time and, if required, those licences and consents shall be made available to the Auctioneer prior to collection.

  2. Title and Risk
    • The Lot will be your responsibility from the time you collect the Lot from us, or 5 days after the Auction Date, whichever is earlier.
    • You will own the Lot once the Auctioneer has received:
      • in full and cleared sums, the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer; and
      • all information from you in accordance with clause 2.

  1. Collecting the lot
    • The Buyer agrees that they are responsible for collecting the Lot (together with any costs associated with packing, handling, transporting, importing and exporting the Lot) from the Auctioneer’s premises.
    • We may need certain information from you so that we can release the Lots to you, for example, evidence of your identity, source of funds and import licences. We may contact you to ask for this information. If you do not give us this information within a reasonable time of asking for it, or if you give incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Lots late, or not supplying the Lot, if this is caused by you not giving us, on the Seller’s behalf, the required information within a reasonable time.
    • Once the Auctioneer has received the Hammer Price, all other sums owed by you to the Seller and Auctioneer and has completed its enquiries relating to the source of funds, the Lot will be released for collection. If you do not pay us in accordance with clause 7, we will not release the Lots to you and we may also charge you interest on your overdue payments and storage costs.
    • The Buyer agrees to collect the Lot with the collection periods displayed on the Auctioneer’s Website. If you do not collect the Lot within the collection periods displayed on the Auctioneer’s Website, we may charge you for:
      • storage costs, in accordance with our standard rates from time to time in force (currently charged at a daily rate of £2 plus VAT per Lot); and
      • an administration fee (currently, £10 plus VAT),

which you shall pay on demand.

  1. Payment
    • The Hammer Price shall be set out in the Invoice. You agree to pay the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer within one Business Day of the Auction Date. 
    • Time shall be of the essence for payment and you agree to pay the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer within one Business Day of the Auction Date.
    • We accept payment by debit, credit card or by bank transfer. You must pay the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer before we release the Lot to you. 
    • If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding.
    • Unless otherwise stated, all sums payable excludes amounts in respect of VAT, Goods and Services Tax or any other sales tax, which the Buyer shall additionally be liable to pay at the prevailing rate (if applicable).

  2. Failure to make payments or collect
    • If you fail to pay the Hammer Price (and all other sums which are, or become, due) or fail to collect the Lot in accordance with clause 6, we may:
      • terminate the Contract for Sale with immediate effect;
      • sell the Lot on providing written notice to you. If you have paid all sums due in accordance with clause 1, you shall appoint the Auctioneer to act as your agent for the purpose of selling the Lot in accordance with the separate contract you form with the Auctioneer; 
      • notify the Auctioneer and the Auctioneer may refuse to allow you to participate in any future auctions hosted by it;
      • notify the Auctioneer and the Auctioneer may refuse to allow you to submit any other bids at any future auctions hosted by it;
      • notify the operator of the Third Party Platform;
      • take legal action against you for the Hammer Price and all other sums which are, or become, due from you to the Seller and the Auctioneer;
      • retain possession of any other property sold to you by the Seller until the outstanding payments have been made; and
      • charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • If we sell the Lot at a subsequent auction in accordance with clause 1(b), we shall:
      • if you have not paid all sums due in accordance with clause 1, account to the Seller for the proceeds of sale and you shall remain liable for the any shortfall between the amount received and the Hammer Price and any costs and expenses associated with the sale;
      • if you have paid all sums due in accordance with clause 1, account to you for the proceeds of sale (after deducting all sums due to the Seller and the Auctioneer) within 30 days of receipt of the sale proceeds.
    • You agree to indemnify the Seller against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Seller arising out of or in connection with the Auctioneer taking steps in accordance with this clause 8.

  3. Consumer cancellation right
    • In accordance with the Consumer Contracts Regulations 2013, if you are a consumer and have bought the Lot at an Online Auction (where you have no possibility to attend in person) from a Seller (who is acting as a trader), you have a legal right to cancel the Contract for Sale within the period set out in clause 2 below. This means that if you change your mind or decide that you do not want the Lot you may cancel the Contract for Sale and receive a refund.
    • Your legal right to cancel the Contract for Sale starts from the date you receive the Invoice, which is when the Contract for Sale is formed. You have a period of 14 days after the day you (or someone nominated by you) collects the Lot from our premises. 
    • To end the Contract for Sale, you shall inform the Auctioneer (acting as the Seller’s agent) of your decision to cancel the Contract for Sale by doing one of the following:
      • emailing us at enquiries@davidlay.co.uk and providing details of you name, address, the Lot and the Auction Date;
      • completing the model cancellation form set out at Schedule 1; or
      • printing off the model cancellation form set out at Schedule 1 and posting it to us at the address on the form.
    • If you end the contract for any reason after Lots have been collected by you, you must return the Lots to us. You must either return the Lots in person, post them back to us or (if they are not suitable for posting) allow us to collect them from you within 14 days of communicating your decision to cancel the Contract for Sale.
    • You will be responsible for the direct cost of returning the Lot to us. The costs of collection may be the same as the costs you incurred in arranging delivery.  We are unable to provide you with an estimate of costs for collection due to the varying nature of the Lots sold at auctions. 
    • If you cancel the Contract for Sale, we (acting on the Seller’s behalf) will refund you the price you paid for the Lots including delivery costs paid to the Auctioneer, by the method you used for payment. However, we may make deductions from the price in accordance with clause 7.
    • If you are exercising your right to cancel the Contract for Sale we may reduce your refund of the price to reflect any reduction in the value of the Lots, if this has been caused by unnecessary handling by you.  
    • We will make any refunds due to you as soon as possible and within 14 days from the day on which we receive the Lots back from you or, if earlier, the day on which you provide us with evidence that you have sent the Lots back to us.

  4. Our rights to end the contract
    • We (acting on the Seller’s behalf) may terminate the Contract for Sale at any time by writing to you if:
      • you do not make any payment to us when it is due;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Lots to you;
      • you do not, collect the Lots from us in accordance with clause 4.
    • If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Lots we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  5. The Seller’s warranties
    • The Seller warrants that:
      • it is the owner of the Lot; and
      • it sell the Lots with full title guarantee free from all liens, charges, encumbrances and third party claims.
    • Subject to any notices or additional terms set out in the catalogue, the Lot shall correspond with the Written Description set out in the catalogue. The Buyer acknowledges and agrees that the Lot shall not correspond with any other information set out in the catalogue including Estimate. 
    • Unless the Seller is a trader and the Buyer is a consumer, it does not make any statement, promise, representation, assurance or warranty in relation to the Lot being of satisfactory quality or fit for purpose.

  6. The Seller’s liability
    • Nothing in these terms shall limit or exclude the Seller’s liability for:
      • death or personal injury caused by the Seller’s negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the conditions implied by section 12 of the Sale of Goods Act 1979; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability (including the terms implied by the Consumer Rights Act 2015 which shall apply if the Seller is a trader and the Buyer is a consumer).
    • Subject to clause 1, if the Seller is not a trader or the Buyer is not a consumer:
      • the Seller shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract for Sale, including in connection with any description of the Lot whether made orally or in writing (excluding the Written Description);
      • the Seller’s total liability to you for all other losses arising under or in connection with the Contract for Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Hammer Price; and
      • all conditions implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.

  1. Communications
    • Any notice or other communication given under or in connection with these terms must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email. If the notice is to the Seller or the Auctioneer, it shall be addressed to c/o Lay’s Auctioneers Limited to the address specified in the catalogue and if to the Buyer, it shall be addressed to the Buyer at the address provided when registering as a user on the Auctioneer’s Website, or a Third Party Platform. 
    • A notice or other communication is deemed to have been received if delivered by hand, at the time the notice is left at the proper address; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or if sent by email, at 9.00 am the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  2. Miscellaneous
    • We (acting on the Seller’s behalf) will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract for Sale that is caused by any act or event beyond our reasonable control.
    • The Seller may transfer its rights and obligations under the Contract for Sale to another organisation.
    • You shall not transfer your rights or your obligations under the Contract for Sale to another person.  
    • The Contract for Sale between you and the Seller. No other person shall have any rights to enforce any of its terms.
    • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If the Seller does not insist immediately that you do anything you are required to do under these terms, or is delayed in taking steps against you in respect of your breaking the Contract for Sale, that will not mean that you do not have to do those things and it will not prevent the Seller from taking steps against you at a later date.
    • If you are a consumer, these terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

If you are a business, any dispute or claim arising out of or in connection with the Contract for Sale or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.


 Model Cancellation Form for consumer

(Complete and return this form only if you wish to withdraw from the contract)

To:       Lay’s Auctioneers Limited (trading as David Lay Auctions)

            The Penzance Auction House, Alverton, Penzance, Cornwall, TR18 4RE

Email:   enquiries@davidlay.co.uk

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:

  • [insert description]

Auction Date:

Bid accepted on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper),

Date:

[*] Delete as appropriate

 

 Last updated: September 2021