Chapter 1 - Sullivan’s Auctions general terms and conditions
1.1 Definitions
In these Terms and Conditions, the following words shall have the following meanings:
“Sullivan’s Auctions” means Sullivan’s Auctions Ltd.
“The auctioneer” means Sullivan’s Auctions Ltd.
“Hammer price” is the price at which the lot is sold to the Buyer.
“Buyer” is the highest bidder for any Lot acceptable to the Auctioneer.
"Vendor or Seller" is the people on whose behalf the items are offered for sale.
“Lot” items delivered to the Auction by the Vendor for sale by Auction.
“Catalogue” is any publication, advertisement, brochure, estimate or price list.
“Net proceeds” is the net amount due to the Vendor, being the hammer price less commission and any other costs as detailed in the Terms and Conditions.
1.2 Change of terms and conditions
Sullivan’s Auctions retains the right to change any information within these terms and conditions without giving due notice.
1.3 Agent
The auctioneer sells as an agent for the vendor and as such is not responsible for any default by the buyer. Sullivan’s Auctions will not pay out the net proceeds to the vendor until a full settlement has been made by the buyer. In the case of no settlement, we will take the vendor's instruction in light of the situation.
1.4 Valuations and catalogue descriptions
Sullivan’s Auctions does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot. Sullivan’s Auctions is not responsible for any misinterpretation of any such items. All lots in the catalogue are sold as seen with all faults, and imperfections, no returns will be accepted. While every care has been taken in the preparation of the catalogue, any statement as to provenance or estimate of value is a matter of opinion and is not to be taken as a representation of fact. Condition reports and illustrations are for guidance only.
1.5 Division of lots
Sullivan’s Auctions has absolute discretion to divide any Lot, combine any two or more Lots, refuse bids, regulate the bidding, withdraw any lots from the auction, or cancel the auction without giving any reason or previous notice.
1.6 Sale by private treaty
In the event of a sale by private treaty, both the vendor and the buyer agree to be bound by Sullivan’s Auctions terms and conditions. Auction fees will apply. The auction reserves the right to sell any lot by private sale, before or after the Auction.
1.7 Insurance
Sullivan’s Auctions accepts responsibility to the vendor for any damage to any Lot whilst in Sullivan’s Auctions custody, this includes fire, burglary, water damage or accidental breakage whether or not caused by our negligence (but excluding damage, loss or destruction that is caused directly or indirectly by terrorism or acts of God). Sullivan’s Auctions shall not be responsible for damage to picture frames, picture frame glass, or any damage caused by woodworm or atmospheric conditions. In the case of a settlement, Sullivan’s Auctions will compensate the vendor with the current market value, as estimated by our auctioneer/valuer.
1.8 Sub-sale, assignment or split of the purchase contract
Neither the vendor nor the auctioneer shall be bound by any sub-sale, assignment or split of the purchase contract, and thus the buyer shall be alone responsible for the discharge of the purchase price to the Auctioneer.
1.9 Statutory Acts and Regulations
The vendor agrees that each Lot where stated complies (where required) with the provisions of current regulations on the sale of second-hand items.
1.10 Ownership of items
The vendor guarantees to Sullivan’s Auctions that they are properly authorised to sell the Lot and able to transfer good title thereto, free of any third-party claims.
1.11 Indemnity
The Vendor shall indemnify the auctioneer, its servants and the buyer against all claims made or any proceedings brought by any persons entitled to the Lot and shall reimburse the auctioneer on demand for all payments, costs or expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach by the Vendor of these Terms and Conditions.
1.12 Good title
If it becomes apparent that an item was sold without a good title or authorisation, then the buyer will return the item with the purchase costs reimbursed.
1.13 Forgeries, fakes and Replicas
Any lot which is claimed to be a forgery must be returned to Sullivan’s Auctions in the same condition in which it was sold within three days of the sale or from three days of delivery by our shipping agent. The auctioneer must be allowed seven days from the date of return to carry out his investigation as to the validity of the claim. If the auctioneer is satisfied that the claim is justified and that the Buyer can transfer a good and marketable title to the Lot free from any third-party claims, the Auctioneer will rescind the sale and refund any amount paid by the Buyer to the Auctioneer.
1.13A Forgeries and Fakes
Forgeries or fakes are defined as the process of making, adapting, and imitating objects, statistics, and documents with the intent to deceive for the sake of altering the public perception or to earn profit by selling the forged or fake item.
1.13B Replica and reproduction
A replica or reproduction is defined as the action or process of copying something, (for example a copy of a work of art), especially a print or photograph of a painting, made to imitate the style of an earlier period or a particular craftsman.
1.14 Auctioneers discretion and failure to pay
The Auctioneer may refuse to accept any bid from any Buyer or retract bids sales before or after the fall of the hammer from any Buyer at their sole discretion without being required to give a reason. The Auctioneer may decide if there is a dispute between bids, and may summarily determine the result of the dispute, or immediately again offer the Lot for sale, in each case without being required to give a reason. The Auctioneer is the sole arbitrator in any such case, The auctioneer's decision is final. If the bill for lots purchased lots or shipping is not cleared by 2 pm on the Monday following the sale (unless otherwise agreed with Sullivan's Auctions) a ban from the auction will be issued. Once issued this will not be retracted under any circumstance.
1.15 The Fall of the Hammer
At the fall of the hammer, the Lot will become the responsibility of the Buyer. Sullivan’s Auctions reserves the right to reopen the bidding at the auctioneer's discretion this includes after the fall of the hammer. The Lot may not be removed or legal title passes onto the purchaser until payment in full has been received. All Lots must be paid for no later than 4.30 pm the Thursday following the sale unless otherwise agreed by a member of staff or the auctioneer.
1.16 Returns
No returns will be accepted in any circumstance less than those explained in 1.13. The auctioneer or the vendor is not responsible for any faults or defects in any items. All items are sold as seen.
1.17 Third-party liability:
Any person on the premises of Sullivan’s Auctions does so at there their own risk and they shall have no claim against the Auctioneers, their employees or agents in respect of any incident, accident, loss or damage however caused unless that injury, accident, or incident shall be as a result of the direct negligence of any employee of Sullivan’s Auctions.
1.18 Right, to refuse admission.
Sullivan’s Auctions, its auctioneers, agents, and its employees reserve the right to refuse admission to its premises and will remove any person (or persons) whom they consider to be disruptive to the harmony of or the conduct of the auction. The auctioneer reserves the right to ban any person from any future auctions. Due to the nature of some items that may be sold at auction, we may on occasion be unable to allow children to enter the premises. All children must be over 12 years of age and must be accompanied by a responsible adult
1.19 Sale of alcohol and knives
Sullivan’s Auctions applies UK government-approved policies for age-restricted sales including Think 21 and Challenge 25. We will apply age verification checks for all sales of restricted items such as knives and alcohol, these items will only be sold (or supplied) once staff is satisfied the customer is 18 or over, items may also be highlighted within the sales catalogue
1.20 Sale of air and full-bore weapons and ammunition
To purchase or sell at auction, a firearm, shotgun, or relevant ammunition, a certificate issued by the police is required. Photocopies of the certificates will be retained. To purchase an air rifle or pellets the minimum age is 18, and UK government-approved policies for age-restricted sales will apply There is no requirement for a certificate for an air rifle unless it is more powerful than 12 ft-lb, (16.25J) all air rifles and air pistols are tested in house for a fee of £10.00. + VAT. Proof of ID will be required for the purchase of air rifles. Purchasers will be required to sign a Section 21 disclaimer.
1.21 Petrol and diesel-driven items
All petrol and diesel-driven items are sold as seen, without a test or guarantee (unless stated within the sale 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 at auction before bringing them to the saleroom. An agreement on the 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 the vendor is already registered as a buyer, their details will be updated.
2.3 Lotting fees and additional charges
Lotting fee - £3.00 + VAT.
Portable appliance test - £2.00 + VAT.
Large lot additional charge £1.50 + VAT.
Extra-large or bulky items additional charge - £7.00 + VAT.
Air rifle or pistol testing additional - £10.00 + VAT per rifle or pistol.
Reserve not met fee - £7.00 plus VAT.
Item removed from sale once lotted in additional - £7.00 + VAT.
House clearance fees will be discussed on the initial visit.
2.4 Vendor commission charge
A commission charge of 15% will be deducted from the hammer price, VAT will be added at the normal rate, bringing the overall commission to 18%. The Vendor authorises Sullivan’s Auctions to deduct commission at the stated rate of 15% + VAT as well as any other Lot fees, storage costs or any expenses accrued from the Hammer Price to the final invoice before the settlement of the Net Proceeds.
2.5 Value-added tax (VAT)
VAT will be deducted from the hammer price totalling 18%.
2.6 Payment for sold Lots
Payment is ten days after the Auction on Friday from 9.00 am to 4.30 pm. If a vendor requires payment outside of these times, then it has to be agreed with the auction prior. Please note cash payments are at Sullivan’s Auctions' discretion and will only be paid directly to the vendor. All payments are to be made during normal working hours only. Payments of £300 or more will only be paid by BACS.
2.7 Unsold lots.
Where any Lot fails to sell, unless written instructions are received to the contrary from the vendor, Sullivan’s Auctions retains the right to re-offer the Lot at the next auction at a reduced estimate and reserve (if one is applied). If the vendor wishes to remove the items from the auction before the sale and the admin process has been completed, then a minimum fee of £7.00 + VAT per lot shall apply, as well as any other possible charges as outlined in these terms and conditions.
2.8 Electrical items, portable appliance testing of electrical equipment (PAT)
Sullivan’s Auctions will PAT test electrical items individually submitted for sale for a fee of £2.00 + VAT per electrical item, in line with the low voltage electrical equipment (safety) regulations all electrical appliances offered for sale must be safe for use. Other items offered for sale must be boxed as new, and complete with an operating manual and manufacturer's guarantee. Other items that are sold as part of a box of mixed items will be sold as scrap or spares and repairs. Please note that PAT is not a guarantee that the item is fit for purpose.
2.9 Marketing
Sullivan’s Auctions provides free marketing for the vendor, selected items are illustrated on our website, Facebook, Twitter, Instagram and Easylive bidding without a fee.
2.10 Auction catalogue
An electronic printable version of the auction catalogue is free to download from the Easylive webpage. A hard copy can also be purchased at the Saleroom.
2.11 Reserve price and minimum bids at our discretion
If a reserve is placed on a lot and it fails to reach the reserve, a reserve not met a fee of £7.00 + VAT and the £3.00 + VAT lotting fee will apply. All other Lots will be sold without reserve.
These additional rules are applied to Lots with a Reserve:
Where a reserve has been set, Sullivan’s Auctions reserves the right to bid on behalf of the vendor up to the reserve price. The vendor is not permitted to bid on their lots.
If in the opinion of the auctioneer, the reserve that is requested by the vendor is considered too high, then Sullivan’s Auctions reserves the right not to auction the item.
The auctioneer presumes that the Vendor permits a discretionary amount of 10% of the value below the formally agreed reserve price unless a fixed reserve has been set.
Once a reserve is set it cannot be changed except in writing.
2.12 Storage of items
If a Lot fails to sell and is not going forward into the next sale it must be collected on the Wednesday or Thursday following the sale or the Friday on cash payment day (10 days after the sale) otherwise the vendor shall be liable for a storage charge at the rate of £2.00 +VAT per Lot, per day. If the lot remains uncollected two weeks after the day of the auction, the auctioneer shall have the right to sell the lot without reserve and to deduct from the hammer price any sum owing including expenses arising from any storage charges or other costs.
2.13 Lot submissions
A Lot or consignment can be one individual item or a collection of assorted or similar items.
2.14 Identity (ID)
If you are a first-time Vendor ID may be requested.
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 where required will comply with the furniture and furnishings (fire safety) regulations 1988 (amended 1989 and 1993). Upholstered or partly upholstered furniture that does not meet the regulations is sold for recovering purposes only. Furniture made before 1950 is exempt from the regulations.
2.17. Disposals
Where the Auctioneer has been required to remove a Lot from sale for disposal, or the owner has requested disposal of an unsold lot, the auctioneer shall dispose of the items at the vendor's expense.
Chapter 3 - Sullivan’s Auctions Buyer’s terms and conditions
3.1 Examination of goods
Sullivan’s Auctions strongly advises all buyers to examine any lots they intend to bid on in person before the auction takes place or to request condition reports before bidding. Buyers are responsible for satisfying themselves on the item’s condition, and they agree they are sold as seen. Each lot set out in the catalogue is sold as seen with all faults, imperfections or errors of descriptions, returns are not accepted.
3.2 Buyer’s registration
All buyers are to register before bidding on any Lots. Registration forms are available outside the cashier’s office. Please note that by registering you are agreeing to Sullivan’s Auctions terms and conditions.
3.3 Registration and Bidding Number
Registration is free. Bidding online fees are dictated by Easylive.
3.4 Payment for items
Payment for all lots must be made no later than 4.30 pm the Thursday following the auction or storage fees will apply (unless Sullivan’s Auctions has given agreement to the contrary). Payments can be made by debit cards, credit cards or bank transfers (BACS). Please be advised that we do not accept personal or business cheques.
3.4A Sullivan’s Auctions Account details
Sullivan’s Auctions Ltd
Account Number: 06931779
Sort code: 09-01-29
BIC:ABBYGB2LXXX
IBAN:GB06ABBY09012906931779
payments@sullivansauctions.com
3.5 Collection of items, storage and Shipping
The buyer can remove their lots once payment has been made. On the fall of the hammer, the items become the responsibility of the buyer. All lots must be collected by 4.30 pm on the Thursday following the sale (unless Sullivan’s Auctions has given agreement to the contrary). All lots are removed at the buyer's risk failure to collect by 4.30 pm will incur a minimum storage charge of £5.00, and then a fee of £2.50 + VAT per lot per day shall be applied. If the Lot remains uncollected two weeks after the day of sale, Sullivan’s Auctions shall have the right to sell the lot at auction without reserve and deduct from the hammer price any sum owing including expenses arising from any storage charges or other costs. It is the responsibility of the buyer to check that the item does not come under the Royal Mail/DHL no compensation clause. Sullivans Auctions accepts no liability for loss or damage during transit, all itemsare sent with the liability being on the purchaser with claims being directed to the shipping agent.
3.6 Buyers Commission charge
A buyer's commission Charge of 15% + VAT will be added to the hammer price.
3.7 Value-added Tax (VAT)
VAT will be payable on the margin of profit at 20%. This is the hammer price, plus 15% commission + VAT = 18%
3.8 Commission bids
If you are unable to attend the auction, and you wish to submit a commission bid please complete a commission bid form. This instructs the auctioneer to bid on your behalf. Forms are available as hard copies at Sullivan’s Auctions. If two buyers submit identical commission bids the Auctioneer will accept the first bid received. Sullivan’s Auctions accepts no liability for the failure of the auctioneer to make a commission bid.
3.9 Telephone Bids
Before using this service, the buyer must register for the Auction. Telephone bids are only available for Lots with a reserve price or estimated value of over £100. With this service, we will call you approximately three lots before the lot you wish to bid on. Due to the limited number of telephone lines, a request for this service must be made no later than the viewing day before the Auction. Requests for this service are accepted on a first-come-first-served basis, subject to the availability of a member of our team. This service is a free service to bidders, Sullivan’s Auctions does not accept any liability for failure to make contact or failure to make a bid due to line disruption.
3.10 Identity (ID)
If you are a first-time Vendor ID may be requested.
3.11 Condition report
Condition reports and images may be supplied on request. Requests must be made before viewing day. Requests for this service are accepted on a first come first served basis and will be emailed free of charge, this service is subject to the availability of a member of our team having the time to complete the report.
3.12 Estimates
Estimates are designed to help Buyers estimate what sort of sum might be involved in the purchase of a particular lot. Estimates do not include the buyer’s premium or VAT (where chargeable).
Use of online bidding services (Easylive)
Sullivan’s Auctions does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any Lot displayed by the Easylive online bidding platform. Sullivan’s Auctions is not responsible for any misinterpretation of any such items. All lots in the Catalogue are sold as seen with all faults, and imperfections, no returns will be accepted. While every care has been taken in the preparation of our Catalogue, any statement as to provenance or estimate of value is a matter of opinion and is not to be taken as a representation of fact. Condition reports and illustrations are for guidance only.
We reserve the right to suspend access to online bidding to carry out scheduled or unscheduled maintenance for any other reason at any time. We accept no liability for any delay in executing bids placed online, we accept no liability for any failures or errors caused by interruptions in the availability of the online bidding service, or any errors or defects in their content or functionality or any software or hardware defects (whether yours or ours) or any internet connection problems (whether yours or ours). We do not warrant that the online bidding service will be error-free, free of viruses or free of other harmful components.
The Agreement and these Conditions shall be governed by and construed following the law of England and Wales. These Terms and Conditions supersede all previous versions.