Chapter 1 – Sullivan’s Auctions general terms and conditions
1.1 Definitions
In these terms and conditions, the following words have the meanings set out below:
Sullivan’s Auctions – Sullivan’s Auctions Ltd. The auctioneer – Sullivan’s Auctions Ltd. Hammer price – the price at which a lot is sold to the buyer. Buyer – the highest bidder for any lot acceptable to the auctioneer. Vendor or seller – the person on whose behalf items are offered for sale. Lot – any item delivered to the auction by the vendor for sale. Catalogue – any publication, advertisement, brochure, estimate or price list issued by Sullivan’s Auctions. Net proceeds – the amount due to the vendor, being the hammer price less commission and any other costs detailed in these terms and conditions.
1.2 Change of terms and conditions
Sullivan’s Auctions may amend these terms and conditions at any time without prior notice.
1.3 Agent
The auctioneer acts solely as agent for the vendor and is not responsible for any default by the buyer. Net proceeds will not be paid to the vendor until the buyer has settled in full. In the event of non-payment, Sullivan’s Auctions will act in accordance with the vendor’s instructions.
1.4 Valuations and catalogue descriptions
Sullivan’s Auctions gives no warranty and makes no representation, whether express or implied, regarding the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot. No description, statement or comment made in the catalogue, during the auction or by any member of staff shall be treated as a statement of fact or as forming part of any contract. All lots are sold strictly as seen, with all faults, defects and imperfections, whether apparent or hidden. No returns, refunds or cancellations will be accepted under any circumstances. Any information relating to provenance, history or value is provided as opinion only. Condition reports and illustrations are for general guidance and must not be relied upon as accurate, complete or a substitute for personal inspection. By bidding, the buyer acknowledges and agrees that they have inspected the lot to their satisfaction, or chosen not to do so, and that they rely solely on their own judgement. The buyer further accepts that Sullivan’s Auctions shall have no liability for any error, omission, misdescription or failure to identify any defect, whether arising in contract, tort (including negligence), misrepresentation or otherwise under the laws of England and Wales.
1.5 Division of lots
Sullivan’s Auctions has absolute discretion to divide any lot, combine lots, refuse bids, regulate bidding, withdraw lots or cancel the auction without giving any reason or notice.
1.6 Sale by private treaty
In the event of a private sale, both vendor and buyer agree to be bound by these terms and conditions. Auction fees will apply. Sullivan’s Auctions may sell any lot by private treaty before or after the auction.
1.7 Insurance
Sullivan’s Auctions accepts responsibility to the vendor for damage to any lot while in its custody, including fire, burglary, water damage or accidental breakage, whether caused by negligence or otherwise. This excludes damage caused directly or indirectly by terrorism or acts of God. Sullivan’s Auctions is not responsible for damage to picture frames, frame glass or damage caused by woodworm or atmospheric conditions. Liability for any loss or damage is strictly limited to the current market value of the lot as determined solely by the auctioneer. Sullivan’s Auctions shall not be liable for any consequential, indirect or economic loss, nor for deterioration arising from inherent defects, inherent vice or natural ageing.
1.8 Subsale, assignment or split of the purchase contract
Neither the vendor nor the auctioneer is bound by any sub sale, assignment or split of the purchase contract. The buyer remains solely responsible for paying the full purchase price.
1.9 Statutory acts and regulations
The vendor warrants that each lot complies, where required, with all current regulations relating to the sale of second-hand items.
1.10 Ownership of items
The vendor guarantees that they are authorised to sell the lot and can transfer good title free of any third-party claims.
1.11 Indemnity
The vendor shall indemnify the auctioneer, its employees and the buyer against all claims made by any person entitled to the lot. This indemnity includes all costs, expenses and legal fees on a full indemnity basis arising from any breach of these terms and conditions.
1.12 Good title
If it becomes apparent that a lot was sold without good title or proper authorisation, the buyer must return the item and will be reimbursed the purchase price only. The buyer shall have no claim for damages, costs or interest beyond reimbursement of the purchase price.
1.13 Forgeries, fakes, replicas, and reproductions
A forgery or fake is defined as an item made or altered with intent to deceive or profit. A replica or reproduction is defined as a copy of an item, including prints or photographs, made to imitate an earlier period or craftsman.
1.14 Auctioneer’s discretion and failure to pay
The auctioneer may refuse bids, retract bids or cancel a sale before or after the fall of the hammer at their sole discretion. In the event of a bidding dispute, the auctioneer may determine the outcome or reoffer the lot. All decisions made by the auctioneer in relation to bidding, disputes or conduct of the sale are final and binding and shall not give rise to any claim in contract, tort or otherwise. If payment for purchased lots or shipping is not received by 2 pm on the Monday following the sale, a permanent ban will be issued and will not be retracted.
1.15 The fall of the hammer
At the fall of the hammer, risk passes to the buyer. Sullivan’s Auctions may reopen bidding at its discretion, including after the hammer has fallen. Legal title does not pass until payment is received in full. All lots must be paid for by 4.30 pm on the Thursday following the sale unless otherwise agreed.
1.16 Returns
No returns will be accepted under any circumstances. All items are sold as seen, and neither the auctioneer nor the vendor is responsible for faults or defects. This exclusion applies to all claims, including misdescription, misrepresentation (whether negligent or otherwise), breach of contract or breach of statutory duty.
1.17 Third-party liability
Any person entering the premises does so at their own risk. No claim may be made against the auctioneer, its employees or agents for any incident, accident, loss or damage unless caused directly by the negligence of an employee. Sullivan’s Auctions shall not be liable for any loss or damage to personal property brought onto the premises.
1.18 Right to refuse admission
Sullivan’s Auctions may refuse admission or remove any person deemed disruptive. The auctioneer may ban individuals from future auctions. Refusal of admission may be exercised for any lawful reason and shall not give rise to any claim. Due to the nature of some lots, children may not always be permitted entry. All children must be over 12 and accompanied by a responsible adult.
1.19 Sale of alcohol and knives
Age-restricted items are sold in accordance with UK government policies, including Think 21 and Challenge 25. Staff must be satisfied that the buyer is 18 or over. Sullivan’s Auctions shall not be liable for any loss arising from a buyer providing false or misleading identification.
1.20 Sale of air and full-bore weapons and ammunition
A valid police issued certificate is required to buy or sell firearms, shotguns or relevant ammunition. Photocopies will be retained. Buyers of air rifles or pellets must be 18 or over. Air rifles and pistols are tested in-house prior to sale. Proof of ID is required, and purchasers must sign a Section 21 disclaimer. Sullivan’s Auctions accepts no responsibility for the use, storage or handling of any firearm, air weapon or ammunition after the point of sale.
1.21 Petrol- and diesel-driven items
All petrol- and diesel-driven items are sold as seen, without test or guarantee, unless stated otherwise in the catalogue.
Chapter 2 – Sullivan’s Auctions vendor’s (sellers) terms and conditions
2.1 New vendors and submission of items for auction
Vendors are requested to contact Sullivan’s Auctions to discuss items intended for sale before bringing them to the saleroom. An agreed date and time will be required before submission.
2.2 Registration and items list
Registration will take place when putting lots into the sale. Unless already registered as a buyer, vendor details will be updated.
2.3 Lotting fees and additional charges
Standard lot £4.00 + VAT Large lot additional fee £2.00 + VAT Individual electrical item test £2.00 + VAT Extra large item £10.00 + VAT Air rifle or pistol testing £10.00 + VAT Reserve not met fee £10.00 + VAT Request to remove a lot from sale once booked in £10.00 + VAT plus lotting fee All fees are non-refundable under any circumstances.
2.4 Vendor commission charge
A commission charge of 15% will be deducted from the hammer price, plus VAT at the normal rate, bringing the overall commission to 18%. The vendor authorises Sullivan’s Auctions to deduct commission, lot fees, storage costs and any expenses accrued from the hammer price before settlement of net proceeds. All deductions made by Sullivan’s Auctions are final and may not be challenged.
2.5 Value added tax (VAT)
VAT will be deducted from the buyer’s premium price, totalling 20% using the margin scheme.
2.6 Payment for sold lots
Payment is made 9 days after the auction, on Friday between 9.00 am and 4.30 pm. Bank transfer is the preferred method of payment. Cash payments are at the discretion of Sullivan’s Auctions and will only be paid directly to the vendor. Payments of £300 or more will only be made by BACS. Sullivan’s Auctions shall not be liable for any delay in payment caused by banking processes or vendor error.
2.7 Unsold lots
Unsold lots must be collected on the Wednesday and Thursday following the sale. Lot value items may be disposed of and a disposal fee added to the invoice. Sullivan’s Auctions retains the right to re-offer the lot at the next auction at a reduced estimate and reserve. If the vendor wishes to remove items before the sale and the admin process has been completed, a minimum fee of £10.00 + VAT and the lotting fee shall apply. Disposal may be carried out by any method chosen by the auctioneer, and the vendor shall have no claim for compensation.
2.8 Electrical items and portable appliance testing (PAT)
Sullivan’s Auctions will PAT test electrical items submitted for sale for £2.00 + VAT per item. All electrical appliances offered for sale must be safe for use. Items sold as part of mixed boxes will be sold as scrap or spares and repairs. A PAT test is not a guarantee of safety, fitness for purpose or compliance with any regulation.
2.9 Marketing
Sullivan’s Auctions provides free marketing for the vendor. Selected items may be illustrated on the website and social media platforms.
2.10 Auction catalogue
An electronic printable version of the auction catalogue is free to download. A hard copy can be purchased at the saleroom.
2.11 Reserve price and minimum bids
Only items valued over £50 may have a reserve. If a reserve is set and not met, a fee of £10.00 + VAT will be incurred. The auctioneer may bid on behalf of the vendor up to the reserve price. This practice is lawful and shall not be treated as shill bidding. Vendors are not permitted to bid on their own lots. If the auctioneer considers the reserve too high, Sullivan’s Auctions may refuse to offer the item for sale. The auctioneer will automatically set an amount 10% below the agreed reserve unless a fixed reserve has been established. Once a reserve has been set, it cannot be changed without incurring additional fees.
2.12 Storage of items
If a lot fails to sell and is not entered into the next sale, it must be collected on the Wednesday or Thursday following the auction. Storage will be charged at £4.00 + VAT per lot per day, with a minimum charge of £10.00. Items stored after the auction are held entirely at the vendor’s risk. If the lot remains uncollected two weeks after the auction, the auctioneer may sell the lot without reserve and deduct any outstanding charges.
2.13 Lot submissions
A lot or consignment may consist of a single item or a collection of assorted or similar items.
2.14 Identity (ID)
First-time vendors may be required to provide identification.
2.15 Tools
Tools (electrical or non-electrical) that are of antique status will be sold for display purposes only.
2.16 Furniture and furnishings
All furniture must comply with the Furniture and furnishings (fire safety) regulations 1988 (amended 1989 and 1993), where required. Upholstered furniture that does not meet the regulations is sold for recovering purposes only. Furniture made before 1950 is exempt.
2.17 Disposals
Where the auctioneer has been required to remove a lot from sale for disposal, or the vendor has requested disposal of an unsold lot, the auctioneer shall dispose of the items at the vendor’s expense. The vendor accepts that disposal may result in no financial return and waives any claim for loss of value.
Chapter 3 – Sullivan’s Auctions buyer’s terms and conditions
3.1 Examination of goods
Buyers are responsible for examining lots before bidding. By bidding, the buyer confirms they are satisfied with the condition, description and suitability of the lot. Sullivan’s Auctions accepts no liability for any defect not identified in a condition report.
3.2 Buyer’s registration
All buyers must register before bidding. Proof of identity may be required.
3.3 Registration and bidding number
A bidding number will be issued upon registration. This number must be used for all bids.
3.4 Payment for items
All items must be paid for by 4.30 pm on the Thursday following the sale unless otherwise agreed. Failure to pay by 2 pm on the Monday following the sale will result in a permanent ban.
3.4A Sullivan’s Auctions account details
Payment details will be provided on request or displayed on invoices.
3.5 Collection of items, storage and shipping
Items must be collected by 4.30 pm on the Thursday following the sale. Storage charges may apply after this time. Shipping may be available at the buyer’s cost.
3.6 Buyer’s commission charge
A buyer’s premium will be added to the hammer price at the rate displayed in the catalogue or announced at the auction.
3.7 Value added tax (VAT)
VAT will be applied where applicable under the margin scheme.
3.8 Commission bids
Commission bids may be left with the auctioneer. The auctioneer will execute commission bids as cheaply as possible. Sullivan’s Auctions accepts no liability for failure to execute a commission bid.
3.9 Telephone bids
Telephone bidding may be available for selected lots. Sullivan’s Auctions accepts no liability for missed calls, technical issues or failure to execute a telephone bid.
3.10 Identity (ID)
Buyers may be required to provide identification before bidding or collection.
3.11 Condition report
Condition reports are provided as guidance only and must not be relied upon as fact. Buyers are strongly advised to inspect items personally.
3.12 Estimates
Estimates are provided as a guide only and do not represent a valuation or guarantee of selling price.
3.13 Use of online bidding services (Easy Live Auction Limited)
Online bidding is provided by Easy Live Auction Limited. Sullivan’s Auctions accepts no liability for technical issues, connectivity problems or failure of the online bidding platform. Buyers using online bidding agree to Easy Live Auction terms and conditions.
