Buyers Terms and Conditions of Sale

1. Definitions/|Interpretations

‘Silverwoods’ is a division of Clitheroe Auction Mart Co Ltd.  In these conditions, Silverwoods act as auctioneers and agents for the vendor and the representative of Silverwoods conducting the auction is called ‘The Auctioneer’.  Any reference to Silverwoods shall include a reference to its employees and agents from time to time.  Words importing one gender include all other genders and words importing the singular include the plural and vice versa.  Reference to a person includes an individual, firm, corporation (limited or unlimited) or other body.  The clause headings are not to be taken into account in the construction and interpretation of these conditions.

2. The Auction

(a) Before any bids or commission bids are placed, the buyer must obtain a buyers number for the current year. Registration can be made at the Silverwoods Office, at a cost of £3 (2019), subject to proven identification eg drivers licence

(b) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to place in the most appropriate sale, to refuse bidding or to cancel the sale without in any case giving any reason or without previous notice.  He may bid on behalf of the vendor for all the goods which are being offered subject to reserve or at the Auctioneers’ discretion

(c) The highest bidder shall be the buyer except in the case of a dispute.  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 bidding or refuse a bid

(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

(e) Bidding Increments will be as follows:

£1-£50 in £2/£3 increments ~ £51-£100 in £5 increments ~ £100-£200 in £10 increments ~ £200-£500 in £20/£30 increments ~ £500-£1000 in £50 increments, £1000 – £3000 in £100 increments, over £3000 in £500 increments.

3. Description of items

Whilst Silverwoods make every effort to ensure the accuracy of their catalogue and the description of any lot: (a) Each lot 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 error of descriptions. (b) Silverwoods do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the vendor so to certify and in such cases Silverwoods do so as agents of the vendor and are themselves not responsible for such claims. (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 representations of fact by Silverwoods, unless they have been instructed in writing by the vendor so to certify and in such cases Silverwoods do so as agents of the vendor and are not themselves responsible for such claims. (d) Any claim under any Statute must be received in writing by Silverwoods within ten days of the day of the sale.

4. Private Treaty

In the event of a sale by private treaty the buyer agrees to be bound by these Conditions and any Special Conditions advised to the buyers before the sale.

5. Buyers Premium

The buyer authorises Silverwoods to deduct the following charges:

Bi-monthly Fine Arts Sales

15% commission on the hammer price of any individual lot plus VAT

Weekly Rediscovery Sales

15% commission on the hammer price of any individual lot plus VAT

Rural & Domestic Bygones

15% commission on the hammer price of any individual lot plus VAT

6. Commission Bids

If instructed, the Auctioneers will execute bids and advise prospective purchasers; this service is free.  Lots will always be purchased as cheaply as is allowed by such other bids and reserves as are on the Auctioneer’s books.

A bidding slip can be downloaded from the Silverwoods website or obtained from the Silverwoods Office. These must be completed and received the evening prior to the sale. Telephone bids may be accepted, however no responsibility will be taken for admission / loss. The  prospective purchaser(s) must ensure that they have placed the correct lot number against the item on which they wish Silverwoods to bid.  Instructions given by telephone are accepted at the senders’ risk and must be confirmed in writing forthwith.

Buyers should note that:

  • In the event of identical bids, the earliest will take precedence.
  • There must always by a maximum amount indicated, i.e. the amount to which you would bid if you were attending the auction yourself.
  • ‘Buy’ or unlimited bids will not be accepted.
  • Silverwoods will not accept absentee bids for less than £20.

7. Internet Sales

Internet bids can be made via for the bimonthly Catalogue Sales. Bidders will need to register with the website before the sale and then register for each sale separately. Please note that the site charges an additional 4.95% buyer’s premium for items purchased over the internet.

8. Default, Payment and Postage

(a) Silverwoods disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out the vendor until payment is received from the buyer.

(b) For Catalogue Sales, payment shall be made to the vendor no later than 28 days following the sale upon cleared payments for goods sold. Should cleared funds be received sooner, we will pay out as soon as possible after receipt of said funds.

(c) On instruction Silverwoods use Royal Mail Recorded Delivery to post out any items bought at Auction. The costing is based upon weight and size plus handling and packing charges. Once a bid is successful, the buyer is then deemed to have accepted the postage, packing and handling costs if postage is required.

(d) The buyer can request alternative postage arrangements ie a company of their choice. Instructions on this must be confirmed in writing forthwith and done so at the buyer’ risk.

9. Loss or Damage

Silverwoods disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods, unless caused by the direct negligence of their employees. Silverwoods maximum liability shall be limited to the purchase price paid by the buyer of those goods.

10. Storage

Silverwoods reserve the right to store or arrange for the storage (either on their own premises or elsewhere at their sole discretion) of goods delivered to them for sale and/or sold by them.  The buyer as appropriate shall be liable for all and any charges payable for storage, transport and insurance of such goods.

11. Rights to Photographs and Illustrations

The buyer gives Silverwoods absolute rights to use at any time any photographs and illustrations of lots sold at auction or privately at its absolute discretion (whether or not in connection with the auction).

12. Rescission

Notwithstanding any other terms of these conditions, if within three years after the sale Silverwoods have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within one month after such notification the buyer returns the same to Silverwoods in the same condition as at the time of sale and by producing evidence (the burden of proof to be upon the buyer) satisfies Silverwoods 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 Silverwoods will reimburse the buyer for the amount paid for the relevant lot within seven days of the vendor refunding to Silverwoods the amount paid to the vendor in respect of the lot.

In the event of a dispute the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institute of Chartered Surveyors.  Both the buyer and the vendor agree to be bound by the decision.  Payment of costs or arbitration shall be determined by the arbitrator.