The following is intended to assist and advise intending buyers (you) and other persons interested in or present at any auction conducted by Great Northern Railwayana Auctions (the auction). They will be available on site as well as being included in our catalogues.

GENERAL

The auction is fully insured with specialist brokers in the auction field.

The auction acts as agents for the seller who’s identity is not normally disclosed and the primary contract is between buyer and seller.

All persons attending a sale under the conduct of the auction shall be deemed to be on the land and premises at their own risk and shall have no claim against the auction or the site owners in respect of the cancellation or postponement of the sale or any loss, accident or injury however occasioned except as regulated by law negligence etc. Persons attending the auction should familiarise themselves with any notices or instructions in respect of safety and emergency procedures applicable to the premises.

The auction endeavours as a matter of goodwill to ensure that catalogue descriptions are as accurate as possible up to the time of going to print; have taken advice from respected specialists where appropriate; but declare that statements made are those of opinion only, made without responsibility, and prospective purchasers should satisfy themselves by careful physical inspection of lots, at the handler’s own risk, as to the origin, authenticity, quality, size and general condition before bidding.

All lots are sold with all faults and imperfections and the auction shall not be responsible for any defects whatsoever. No warranty is given with regard to any lot other than the seller had the right to sell it. Any express or implied conditions or warranties whether relating to description or quality are hereby excluded.

All lots are sold subject to any announcement, declaration, alteration of description or other matters made by the auction before the auction of any lot.

Persons handling lots do so at their own risk and shall make good any loss or damage however caused. Such costs will be assessed by the auction whose decision shall be final.

WARRANTY AS TO TITLE and AVAILABILITY

The seller warrants to the auction and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.

RESERVES

FIXED RESERVE (FR)

Vendors will apply a fixed price below which the auction cannot sell, and at or above which the auction has an irrevocable obligation to sell to the highest bidder.

RESERVE WITH AUCTIONEER’S DISCRETION (R-AD)

Vendors supply a figure which they wish to achieve but give the auction a clear and irrevocable discretion on the day, according to all the circumstances to sell at up to ten per cent below the desired figure.

AUCTIONEER’S DISCRETION (AD) – Default position where no instructions are given

The vendor delegates full liberty to the auction to assess the market on the day and to sell when, in their opinion a satisfactory price has been achieved. Vendor’s choosing this option shall have no claim against the auction if dissatisfied with any price achieved as the discretion to sell is entirely delegated to the auction in such cases.

NO RESERVE (NR)

Vendors place their items in auction leaving them to find their own level. The first or any bid can take the lot and vendors enter items fully aware of the inherent risk, and in the full knowledge that a bid at any level whatsoever means that the item will be irrevocably sold.

COMMISSION AND TELEPHONE BIDS

Whilst prospective buyers are strongly advised to attend the auction, and are always responsible for any decision to bid for a particular lot, and shall be assumed to have carefully inspected and satisfied themselves as to its condition prior to making any bid, we will if so instructed clearly and in writing on the form provided, execute bids on their behalf.

All telephone and commission bids will require the lodgement of debit or credit card details with the auctioneers concurrent with the bid instruction so that sold items can be invoiced to successful bidders on the day.

Neither the auction nor our employees or agents shall be responsible for any failure to implement any bids for whatever reason save where such failure is unreasonable.

Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.

All commission bid instructions will be acknowledged either by email or telephone. If you have not had a response from Great Northern Railwayana Auctions acknowledging your instructions, then please assume it has not arrived with us and enquire direct. To be certain your bid is active intending purchasers must ensure that two way contact is established. The responsibility for this rests with the instructing party.

BIDDING

All vendors and intending buyers will be registered with a bidding number. Please notify GNRA of any changes, house moves, new phone numbers etc., if contact between us is to remain current, accurate and active!

Buyers must ensure that they have a bidding card with their number to hand to bid in the room on the day. Cards will be issued on the day.

The auction has sole discretion to refuse any bid, to advance the bidding as they may decide, to maintain a sale or to re-offer the lot in the event of a dispute, to divide any lot, to combine lots, and to exclude any person from the auction room.

At the fall of the hammer, the highest bidder acceptable to the auctioneer shall be the purchaser. Should any dispute arise during or post auction, it shall be settled by the auction whose decision shall be final.

The commission rate is 10% added to the hammer price realised. The minimum lot entry charge is £5 per lot, sold or unsold.

The auction is principally a live auction and whilst remote bidding by telephone is intended to be in operation, the lack of any such facility or any interruption in availability on the day shall not be deemed an impediment to the auction which will proceed on the basis of precedence being given to those who are in attendance on the day.

All telephone bid instructions will be acknowledged either by email or telephone. If you have not had a response from Great Northern Railwayana Auctions acknowledging your request, then please assume we have not received it. To be certain your bid is active intending purchasers must ensure that two way contact is established as set out above. The auction cannot be responsible for bids of which it is unaware.

Absentee bidders not known to us must use the commission bidding form obtainable from the auction.

PAYMENT

Immediately a Lot is sold you will:

(a) Confirm your bidding number with the auctioneer,
(b) Be deemed to have contracted to pay to us at the cash desk the total amount due arising from these conditions in compliance with the methods set out.

Payment can be made in cash (subject to money laundering limits), by cheque from persons known to us, or by debit / credit cards.

(1) In accordance with money laundering regulations GNRA cannot accept high value payments in cash.

(2) There will be a £10,000 cash limit per auction invoice.

(3) Payment by Credit Card, available on the auction day only, will incur a 3% surcharge. Payment by Debit Card, available on the auction day only, will not incur a surcharge.

(4) Cheque payments from persons unknown to us:- Purchases will be held until payment is cleared.

TITLE AND COLLECTION OF PURCHASES

(1) The risk in any lot passes to the buyer on the fall of the hammer, but ownership does not pass to you until you have made payment in full to us of the total amount due.

(2) You shall at your own risk and expense take away any lots that you have purchased and paid for on the day of the auction, where payment is clear and the buyer is “known” to the auction. In the cases on new or “unknown” buyers it may be necessary to await clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges.

(3) No purchase can be claimed or removed until it has been paid for and a signature for release obtained.

(4) The auction may be able to assist with packaging or shipping of items, or delivery at other auctions attended.

This may attract a delivery charge and or a handling fee in addition to any postage or courier costs, which will be added to the sales invoice, or a later invoice rendered.

Please note that the cost of packaging and postage or shipping depends on the size and weight of the item(s) purchased, any insurance requirements, and the shipping destination, not just on the value of the item(s) purchased.

Please note that any items not removed or made subject of delivery arrangements on sale day may be subject to a storage charge.

Sold lots transferred to a GNRA storage facility are not insured and GNRA will not be held responsible if these are lost, stolen, damaged or destroyed. All lots not removed within one calendar month of the end of the sale will incur a storage charge of £1 per day. After two months, GNRA may re-sell any of these lots by auction or private treaty without any further notice to the buyer.

LOT DESCRIPTIONS

If within SEVEN working days of the sale a person gives notice in writing to the auction that in their opinion a particular lot is a deliberate forgery and provides written and supportable evidence of same then the auction will, if they agree the assertion, rescind the transaction and refund the purchase price received by them.

REMEDIES FOR NON PAYMENT or FAILURE TO COLLECT PURCHASES

If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 5 working days after the sale;
(g) to retain that or any other Lot sold to you until you pay the total amount due;
(h) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(i) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.

We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.

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