Conditions of Sale

  1. 1.  General – Any person on the Auctioneers premises before, during or after the sale shall be deemed to be there at his/her own risk and he shall have no claim against the Auctioneers in respect of any injury she/he may sustain or any accident which may occur whilst on those premises.
  2. 2. Misrepresentation – The terms of sale in respect of the sale of any Lot or Lots shall include a term excluding any liability on the part of the vendors the Auctioneers or their servants or agents in respect of any misstatement or misrepresentation whether made negligently or otherwise before the sale is concluded subject to the reasonableness of such exclusion.
  3. 3. Ownership & Goods Description
    a) The auctioneers act as an agent only on the instruction of the vendors
    b) Each Lot as set out in the catalogue or as divided or joined with any Lot or Lots at the sale are sold with all faults, imperfections and errors of description and neither the vendor nor the Auctioneers are responsible for the authenticity attribution genuineness, origin, authorship, date, period, condition or quality of any Lot. All statements or representations of fact.
    c) Purchasers are deemed to have satisfied themselves by inspection or otherwise as to all such matters as to the physical description of any Lot.
    d) Neither the vendor, nor the Auctioneers, nor their employees, servants or agents make or give any representation or warranty and in the event neither the vendor, nor the Auctioneers are responsible for any representation or warranty or for any statement in the catalogue.
  4. 4. The Auction
    a) A Buyers Commission of 15% plus VAT (on the commission only, not the hammer price) will be levied on all Lots.
    b) The highest bidder before the hammer falls shall be the purchaser and if any dispute arises between two or more bidders, the Lot shall, at the discretion of the Auctioneer, be offered for sale again at the last undisputed bidding and re-sold. The Auctioneer’s decision on all matters would be final. No person shall advance less at each bid than the amount named by the Auctioneer and no bid is to be retracted while the Auctioneer may refuse any bid.
    c) The Lots will be at the entire risk of the purchaser after the fall of the hammer. In the event of any Lots being missing on the day of delivery the Auctioneer will not be responsible for any estimated value beyond the price at which they were sold. In the case of part of a Lot being missing such missing part shall be allowed for an equitable portion for which the whole of such Lot was sold, but no more.
    d) The purchaser shall give their names and addresses and if required, payment of purchases must be made in full prior to collection or delivery. If a commission bid is left the Auctioneers may ask for card details prior to acceptance of bid. The Auctioneers reserve the right to refuse cheques at their discretion and in no circumstances will cheques be accepted from the purchasers with whom the Auctioneer is unacquainted unless it is accompanied by an appropriate Guarantee Card or Credit Card for alternate payment.
    e) Any person damaging any Lot or Lots as a result of handling or otherwise during viewing or at any other time shall be liable to pay for the said Lot or Lots damaged at the reserve figure or Auctioneers valuation. In the event of any dispute arising as to the value the Auctioneer will appoint any independent Valuer to fix a valuation which shall be final and binding on both the purchaser and vendor. The cost of such valuation such be borne by the person causing the damage.
    f) The Auctioneers disclaim liability for paying the vendor until they have received settlement from the purchaser.
    g) All payments must be in Sterling any payments made by bank transfer must take all charges and exchange rates into consideration so that Kent Auction Galleries Ltd receive the total amount payable.
  5. 5. Distance Selling Directive We remind you that if you are a consumer you have no right of cancellation under the Distance Selling Directive (Directive 97/7/EC).  The implied terms of The Sale of Goods Act do not apply to Auction Sales of Second Hand Goods (provided opportunity to attend in person – see DTI Directive The Sale and Supply of Goods to Consumers Regulations 2002).  If you do not agree to these then please do not buy goods at auction
  6. 6. Collection – Every purchaser must pay the purchase money to the Auctioneer’s cashier and shall remove his/her purchase(s) within 3 days of the sale, unless special arrangements have been made to the contrary.
    a) Any Lots not cleared by time allowed may be resold by public or private sale and deficiency (if any) together with all expenses attendant upon such resale shall be made good by the defaulter and shall be recovered by liquidated damages. Any damage caused by removal or otherwise must be made good by the person committing the same. For the avoidance of doubt, Principals will be liable for the acts of their servants or their workmen or any person whatsoever instructed.
    b) The purchaser is liable for a charge of £5 per Lot, per day (whether or not the Lot has been paid for) starting from the 4th calendar day following the sale and continuing until the Lot is removed or resold.
  7. 7. Postage & Packaging – It is the responsibility of the buyers to arrange packaging, collection or postage of any lots purchased within 3 working days of the sale. The auctioneers accept no responsibility for any packaging carried out by any member of their staff or on their premises or by a third party. Appropriate insurance is recommended to be taken out by the purchaser and the auctioneer accepts no liability for any loss/damages caused during the postal process.
    a) Packing fees are chargeable dependent on the size/quantity of items. Please contact us for further details or send a shipping request after the auction.
    b) The buyer must specify which method of shipping they require, i.e. Courier Collection, Royal Mail First Class, Royal Mail Special Delivery and the associated charges will apply in addition to any packing costs.

  Please note our minimum bid is £6