Terms of Business with Sellers and Consignors
In these terms
“Martel Maides Auctions” means Martel Maides Auctions Limited whose registered address is The Auction Room, 40 Cornet Street, St Peter Port, Guernsey GY1 1LF.
“The hammer price” means the price at which any lot is knocked down to the buyer;
“Property” means the property of the seller to be sold by Martel Maides Auctions;
“Conditions of Sale” means Martel Maides Auctions’ standard Conditions of Sale for the time being in force.
2. Responsibility and Insurance; Withdrawal of Property
2.1 Martel Maides Auctions accepts no responsibility for loss or damage of any kind to the property on their premises, however caused.
2.2 Notwithstanding Term 2.1 above, but Without prejudice to its terms Martel Maides Auctions will, pending sale, insure property accepted for sale and on their premises, included in the 20% sellers commission charge, against all risk of physical loss or damage, and for the amount estimated by Martel Maides Auctions (at their absolute discretion) to be the probable auction value of the property. If the seller wishes the property to be insured for a specific sum he must give notice of this to Martel Maides Auctions at the time the property is accepted by Martel Maides Auctions. The period of such insurance shall be the earliest of:
(i) The passing of the risk to the buyer
(ii) The withdrawal of the property by the seller prior to auction
(iii) Or if the property is unsold, the expiry of 7 working days after the date of the auction
The cost of this insurance is covered in the 20% seller’s commission rate.
2.3 Martel Maides Auctions do not undertake collection of property for sale, but will if so requested by the seller, and at the sellers’ cost, arrange for such collection to be carried out by a contractor. Martel Maides Auctions accept no responsibility for the acts of commissions of such contractor, nor for any loss or damage to property arising there from, however caused.
2.4 In the event that the property offered for sale is not sold, or is withdrawn before sale, the owner of such property shall give written instructions to reach Martel Maides Auctions within seven working days after the auction in question of such withdrawal (as appropriate) regarding the disposal of such property. In the absence of such instructions:
(i) Martel Maides Auctions will not (unless otherwise agreed) insure such property and will not accept responsibility for any loss or damage thereto, however caused.
(ii) The seller shall be responsible for any removal, storage or other expenses incurred by Martel Maides Auctions
(iii) One week after the service of notice on the seller of their intention to do so, Martel Maides Auctions shall have the right to sell the property at public auction without reserve and to deduct from the hammer price any sum owing to Martel Maides Auctions including (but not limited to) removal, storage and insurance expense, the expenses of this and any previous auction, reduced commission at the stated rates on any previous sale and at the stated rates on this sale and all other reasonable expenses before remitting the balance to the seller, or if he cannot be traced, placing such balance in the bank account in the name of Martel Maides Auctions for the seller.
2.5 Without prejudice to Term 8.3
(i) If Martel Maides Auctions have agreed to sell by auction 2 or more properties of the same seller, and that seller withdraws any of these properties before sale, Martel Maides Auctions reserve the right to refuse to sell any one or more of the unsold properties. Upon notification to the seller of their refusal to sell any property under this Term, Martel Maides Auctions will be under no further obligation in respect of such property and the provisions of Term 2.4 shall apply to such property as though it had been withdrawn by the seller.
(ii) If within seven working days they have accepted any property by auction, Martel Maides Auctions form the opinion that the property is unsuitable for sale by auction, Martel Maides Auctions may by notice in writing to the seller, withdraw their acceptance of that property. As soon as reasonably practicable thereafter Martel Maides Auctions will make arrangements to return that property to the seller at Martel Maides Auctions’ sole expense
3.1 Martel Maides Auctions and their employees shall act as agents of the seller for the sale of the property, in accordance with Martel Maides Auctions’ notice and conditions of sale.
3.2 The seller authorises Martel Maides Auctions to receive payment for the property on his behalf, in any manner which Martel Maides Auctions may consider appropriate, and to deduct any sums due from the seller to Martel Maides Auctions on any account whatever from any such payments received before remitting the balance to the seller.
3.3 Martel Maides Auctions shall be under no obligation to account to the seller for sums due from the buyer until payment for the property sold has been made by the buyer to Martel Maides Auctions in accordance with the Conditions of Sale
3.4 Notwithstanding Term 3.3 above, if Martel Maides Auctions remit to the seller the proceeds of the hammer price (less the commission and expenses payable to Martel Maides Auctions) before the buyer has accounted to Martel Maides Auctions in accordance with the Conditions of Sale, title in the property shall pass to Martel Maides Auctions
3.5 If the buyer does not make payment to Martel Maides Auctions in accordance with the Conditions of Sale, Martel Maides Auctions shall, subject to any specific instructions which may be given to the seller, have authority on behalf of the seller to take any steps which appear to Martel Maides Auctions to be appropriate (including the institution of court proceedings) to enforce payment by the buyer. Martel Maides Auctions will not however exercise the right to re offer the property for sale without giving the seller at least seven days notice of their intention to do so.
4. Commissions and Expenses
4.1 On all individual lots selling up to £3000 there will be a commission of 20% of the hammer price. On all individual lots selling for £3001 and more there will be a commission rate of 15% thereafter.
For Trade and non-profit institution rates of commission please contact us. The consigner may also be charged for marketing, restoration, shipping, catalogue illustrations, photography and other services.
4.2 Where a seller cancels instructions for sale, Martel Maides Auctions reserve the right to charge a fee up to 20% of Martel Maides Auctions’ then low estimate of the probable auction price of the property withdrawn with a minimum withdrawal charge of £20.
4.2a In the event of a seller attempting to alter agreed reserves, commission rates and other terms of sale, Martel Maides Auctions reserve the right to deem the lot to be withdrawn and charge accordingly.
4.3 The seller shall, in respect of the sale of the property, be liable to pay to Martel Maides Auctions commission at the rate set out above.
If the seller withdraws the property from the auction, a fee calculated in the manner set out above shall be payable by the seller upon withdrawal of the property.
4.4 Martel Maides Auctions shall have complete discretion in the illustration of property in their catalogues at the cost of the seller up to a maximum of £20 per lot. If the illustration fee is likely to cost in excess of £20 Martel Maides Auctions will contact the seller to obtain permission to illustrate the lot and discuss charges.
4.5 The seller in any event shall bear the costs and expenses of special advertising, packing, insurance and freight to and from Martel Maides Auctions.
4.6 Except where otherwise agreed in writing, Martel Maides Auctions shall be entitled to exercise a lien on any property of the seller which is for any purpose in Martel Maides Auctions’ possession for payment of any sums due to Martel Maides Auctions on any account whatsoever. Martel Maides Auctions shall also be entitled, on giving the seller two weeks notice of their intention to do so, to sell such property to recover any such sums and the provision of Terms 2.4(iii) shall apply to any notice served under this term.
4.7 The seller acknowledges that Martel Maides Auctions will receive from the buyer a premium of up to 20% of the hammer price and assents to Martel Maides Auctions receiving the said premium for their own use and benefit.
4.8 Insurance charges – see details listed under clause 2.2
5. Seller’s Warranties and Undertakings
5.1 The seller warrants to Martel Maides Auctions that he is able to transfer a good and marketable title to the property, free from liens, charges or encumbrances.
5.2 The seller undertakes to indemnify Martel Maides Auctions against any loss or damage suffered by Martel Maides Auctions as a result of any defect in the seller’s title and/or any want of authority in Martel Maides Auctions resulting therefrom and any other legal liability that Martel Maides Auctions may incur as a result thereof.
6.1 The seller shall be entitled to place a reserve on the property, provided that notice of such reserve has been received by Martel Maides Auctions in writing prior to the sale and that the reserve is set at or below the lower estimate. Reserves placed verbally will be accepted at the risk of the seller, unless confirmed in writing prior to the sale. A reserve once placed by the seller shall not be changed without the consent of Martel Maides Auctions. Unless the seller gives written instructions to the contrary, items remaining unsold from the first offering may be re-offered without the benefit of any reserve which may have been placed from the previous sale. Martel Maides Auctions may at its opinion sell at a hammer price below the reserve, but in such case the sale proceeds to which the seller is entitled shall be the same as if the lot had sold on reserve.
6.2 Subject to Term 6.1 above, and unless the seller instructs Martel Maides Auctions to sell with no reserve, all property will be sold at Martel Maides Auctions’ discretion.
6.3 In the event of any reserve price not being reached at auction, Martel Maides Auctions is hereby empowered to sell after the auction by private treaty at not less than the reserve price for so long as the goods remain on Martel Maides Auctions’ premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer as governing the auction will apply.
If, during a period of thirty one days after the sale but before Martel Maides Auctions remit sale proceeds of any lot to the seller, the buyer gives notice under Condition 6 of the Conditions of Sale and proves to Martel Maides Auctions’ reasonable satisfaction that the claim is well founded, Martel Maides Auctions shall be entitled to rescind the sale and to refund the buyer such of the aggregate price as has been received by them. In that event, no commission shall be payable by the seller and Martel Maides Auctions shall not be liable to account to the seller in any way.
8.1 The seller or consignor of mechanical goods warrants and undertakes to Martel Maides Auctions that at the date which the same are consigned to Martel Maides Auctions or put under Martel Maides Auctions’ control and except as previously disclosed to Martel Maides Auctions the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health, and will indemnify Martel Maides Auctions their servants and agents against loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking.
8.2 The seller gives Martel Maides Auctions full and absolute right to photograph and illustrate any lot placed in their hands for sale and to use such photographs and illustrations provided by the seller at any time at their absolute discretion (whether or not in connection with the auction)
8.3 The seller hereby authorises that items which Martel Maides Auctions notify as having, in their considered opinion, no saleable value may be disposed of at Martel Maides Auctions’ discretion
8.4 Each sale and matters connected therewith, shall be governed by and construed in accordance with the laws of Guernsey
8.5 The headings are for convenience only and shall be ignored in construing these terms.