Conditions of Sale Winefield’s Auctioneers
1. All property is sold "As Is" and neither Winefield’s nor seller make any express or implied warranties or representations of any kind or nature with respect to the property, and in the event shall they be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, description, genuineness, attribution, provenance or condition concerning the property. No statement in the catalogue or made at the sale or in the bill of sale or the invoice or elsewhere shall be deemed such a warranty or representation or an assumption of liability. Neither seller nor Winefield’s shall be liable for any incidental or consequential damages arising from the sale of any property
2. Notwithstanding any other terms of these Conditions of Sale, if within 21 days after the sale, Winefield’s has received from the Buyer of any property notice of a claim in writing alleging that any lot is short or that any statement in the catalogue concerning such lot is not well founded, then in its sole and absolute discretion will decide any such claim as between the Seller and the Buyer and may rescind the sale and refund the purchase price received
3. As used in these Conditions of Sale, the term "the final bid" means the price at which a lot is knocked down to the Buyer, and the term "the purchase price" means the sum of the final bid and the premium payable by the Buyer under Condition 7
4. Winefield’s reserves the right to withdraw any lot before or at the time of sale or to combine
two or more lots.
5. Many of the lots in this sale are offered subject to a reserve, which is a confidential minimum price below which the lot will not be sold. Winefield’s may implement the reserve by bidding on behalf of the Seller.
6. The highest bid acknowledged by the auctioneer shall be the Buyer. The auctioneer has the right to reject any bid and to advance the bid at his/her absolute discretion and, in the event of any dispute between bidders, to determine the successful bidder or to re-offer and re-sell the property in dispute. Should there be any dispute after the sale, Winefield’s record of final sale shall be conclusive. On the fall of the auctioneer's hammer, the Buyer assumes full risk and responsibility for the lot and may be required to sign a confirmation of purchase, supply his/her name and address, and pay the full purchase price thereof. If the Buyer fails to comply with any such requirement, the lot may, at the auctioneer's discretion, be re-auctioned and sold again
7. The purchase price payable by a Buyer shall be the sum of the final bid and a premium of 20% of the final bid Incl. VAT. For LIVE online bids the purchase price payable by a Buyer shall be the sum of the final and a premium of 22% on the final bid Incl. VAT.
8. The full purchase price of each lot shall be paid in full at the time of the sale or in such manner as the Buyer has arranged with Winefield’s prior to the auction. The sale price shall be exclusive of any storage or delivery charges. Title to the property will not pass until payment has been made.
9. Goods will be released to the Buyer only on presentation of an invoice marked "Paid," signed by Winefield’s. No delivery will be made until full payment of the purchase price of the property has been made to Winefield’s. Not less than an entire lot can be taken or delivered to one address and unless otherwise agreed in writing all goods shall be removed or instructions given for removal within 14 days after the sale. Free storage is available upon request for 60 days following the sale and full payment.
10. Bids which are submitted to Winefield’s in writing or otherwise, prior to the sale, for execution at or below a specified price, are entertained and executed by Winefield’s for the convenience of the bidders, but Winefield’s shall not be responsible for failing to execute such bids or for errors relating to the execution of such bids.
11. If any applicable conditions herein are not complied with by the Buyer, Winefield’s may, in addition to asserting all remedies available by law, including the right to hold the Buyer liable for the purchase price, either cancel the sale, retaining as liquidated damages any payment made by the Buyer, or re-sell the property on seven days' notice to the Buyer. If Winefield’s re-sells the property, the Buyer shall be liable for the payment of any deficiency in the purchase price and all costs and incidental damages including, but not limited to, warehousing, the expenses of both sales, reasonable attorney's fees and all other charges due hereunder.
12. Estimated prices are provided solely for the guidance of Buyers and are printed in the text