Terms & Conditions


Third Party Liability
 
Every person at KHS Auctions saleroom, at any time shall be deemed to be there at his own risk. He shall have no claim against KHS Auctions or the Whichcote Armsl, in respect of any accident which may occur or injury, damage or loss howsoever caused,
 
Standard Conditions of Sale
 
Whilst the Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any lot:
  • Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold with all faults, imperfections and errors of description.
  • 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 so to certify, and in such cases the Auctioneers do so as agents for the vendor and are not themselves responsible for such claims.
  • All statements, whether printed in the catalogue or made orally, as to any of the matters set out in, 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 so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
  • Any claim under any statute must be received in writing by the auctioneers within seven days of the day of sale.
 
The Auction
  • The auctioneer has absolute discretion to divide any lot to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the auctioneer’s discretion.
  • The highest bidder shall be the buyer except in the case of a dispute. If during the auction the auctioneer considers that a dispute has arisen he has absolute discretion to settle it or to re-offer the lot. The auctioneer may at his sole discretion determine the advances of bidding or refuse a bid.
  • Each lot is put up for sale subject to any reserve price placed by the vendor.
  • All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
 
Default
 
The auctioneers disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the Auctioneers Conditions of Sale.
 
Instructions
 
KHS Auctions are auctioneers, all goods delivered to their premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at the auctioneer’s discretion and accepted by the auctioneers subject to all the Sale Conditions. By delivering the goods to the auctioneers for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions.

The following items are not accepted in our saleroom:

Used electrical items unless a valid electrical safety certificate is attached or is sold as scrap or reconditioning to trade only.  Modern chipboard furniture, second hand mattresses, chairs and settees that do not comply with the Furniture & Furnishings (Fire Safety) Regulations 1988 and any other items that the auctioneers deem unsaleable at their discretion, if in doubt about any item, please contact us at KHS Auctions prior to delivering items to the saleroom.
 
Loss or Damage
 
The auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
 
Storage
 
We do not undertake storage of any items. Should items not be sold in the saleroom, these items will be disposed of by the auctioneers if not collected by the Wednesday after each sale, unless there is a prior agreement. The auctioneer has the right to sell the goods to defray costs.
  • In the event of any reserve price not being reached at auction the auctioneers are empowered to sell after the auction by private treaty, at not less than the reserve price,
  • In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.
 
Indemnity
 
The vendor shall duly indemnify the auctioneers against any claims in connection with any goods sold by them on the vendor’s behalf.

The vendor authorises the auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledges the auctioneers right to retain any premium payable by the purchasers.
 
 

Vendor fees:
 
The fees for items sold on behalf of the vendor are 15% commission on the Hammer Price and a Entry Fee charged at £1.25 per lot.

Net proceeds of the Sale are sent out by cheque within 21 days after the auction sale date.
 
Buyers’ Conditions
 
Inspection
 
Each buyer, by making a bid for a lot, acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot, including but not restricted to whether the lot is damaged or has been repaired or restored
 
Property and Risk
 
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the auctioneers shall be entitled to a lien on any lot sold until the purchase price below is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer.  If the buyer fails to pay in full on the sale day, the lot may at the auctioneer’s sole discretion be put up again and re-sold.

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.
 
Removal of Goods
 
No purchase shall be claimed or removed from the saleroom until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by 17.00 on the day of the sale, all lots not so removed shall remain at the risk of the buyer.  Further charges to the buyer will be incurred if the items are not removed from the premises by 17.00 on the day of the sale failure to comply with any of the above conditions the damages recoverable by the seller or the auctioneers from the defaulter shall include any loss arising on an re-sale of the lot, together with the charges and expenses in respect of both sales.
 
Purchase Price
 
The purchaser shall pay the hammer price together with a buyer’s premium of 15%. Payment is accepted by Debit Card, Credit Card (subject to a 1.75% fee) or in cash. The auctioneers are not registered for VAT accordingly charges are not subject to VAT.

You can download our Terms & Conditions here.
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