The RICS requires that all members who are directors of firms, have in place a complaints handling procedure, meeting an agreed minimum standard. We retain the interest earned on this account, which is paid to charity on an annual basis. This account in the name of Mr David Lay and Mrs Maxine Mary Inez Connell-Lay trading as Lay’s Auctioneers Limited is held at Barclays Bank, Market Jew Street, Penzance, Cornwall. We operate a dedicated bank account for our clients’ money. They shall have no claim against the Auctioneer or Proprietor in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of the Auctioneer's or Proprietor's employees. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.Įvery person on the auction premises at any time shall be deemed to be there at their own risk. The Auctioneer disclaims responsibility for default either by the buyer or the vendor because he acts as Auctioneer only and therefore does not pay out to the vendor until payment is received from the buyer. The vendor agrees to be bound by the Auctioneers decision. Notwithstanding any other terms of these Conditions, if within 14 days after the auction, the auctioneer has received from the buyer of any lots notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification, the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and by producing evidence, the burden of proof to be on the buyer satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The buyer shall pay the hammer price together with the buyer's premium at a rate of 21% of the hammer price + VAT. (d) 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. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer). (c) Each lot is put up for sale subject to any reserve price placed by the vendor. 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 advance of the bidding or refuse a bid. (b) The highest bidder shall be the buyer. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneers discretion. (a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the auction, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. (c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representation of fact by the Auctioneers unless they have been instructed by the vendor to so certify. (b) The Auctioneers do not accept responsibility for the authenticity, attribution, date, condition or quality of any lot unless they have been instructed in writing by the vendor to so certify. Whilst the Auctioneer makes every effort to ensure accuracy and the description of any lot: (a) Each lot is as set out in the catalogue or as divided or combined with any other lot or lots, is sold by the vendor with all faults, imperfections and errors of description.
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