Terms

Inspection
Opportunity is given for inspection and each buyer that is making a bid for a lot acknowledges that they are satisfied themselves fully before bidding by inspection or otherwise to all the Sale Conditions, the physical conditions and description of the lot including and not restricted to whether the lot is damaged or has been repaired or restored. Items are sold as seen.

Whilst M&M AUCTIONS LIMITED make every effort to ensure the accuracy of their catalogues and the description of any lot M&M AUCTIONS LIMITED 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 to so certify, and in such case the Auctioneer is agent of the vendor and are not themselves responsible for such claims made.

All statements whether printed in the catalogue or made orally as to any of the matters set out above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact be M&M AUCTIONS LIMITED unless they have been instructed in writing by the vendor to so certify.

Title
The legal title in a lot shall not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to rights on any lot sold until the purchase price is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay M&M Auctions Ltd such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.

Warranty of Title
The Vendor warrants to M&M Auctions Ltd and to the Buyer that he is the true owner of the Lot or is properly authorised by the true owner to sell the Lot and is able to transfer good and marketable title to the Lot free from any liens, charges or third party claims. When the Vendor is authorised by the true owner to sell the lot, the Vendor must name the owner and produce such written evidence of his authority as M&M Auctions Ltd may request.

The Vendor warrants to M&M Auctions Ltd, its servants and agents and the Buyer against any loss or damage suffered in consequence of any breach of the above on the part of the Vendor.

The Vendor warrants that all information supplied to M&M Auctions Ltd in connection with the Lot is accurate to the best of his knowledge, information and belief.

Default
M&M Auctions Ltd 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 to the vendor until payment is received from the buyer.

Bidder Representation
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by M&M Auctions Ltd that he acts as agent on behalf of a named principal.

Bidding Increments

As M&M Auctions Limited are to participate in “live bidding” for all sales, to enable us to do this the following bidding increments will apply.

£1-40 increments of £2

£40-100 increments of £5

£100-200 Increments of £10

£200-500 increments of £20

£500-1000 increments of £50

£1000-3000 increments of £100

£3000-5000 increments of £200

£5000-10000 increments of £500

£10000 + increments of £100

Any postal, fax, internet or bids that have been telephoned in with odd figures, for example a bid for £56 will be rounded up to £60 or a bid for £222 will be rounded up to £240. In the event of a “tied” bid we will always accept the bid received first.

Increments during the sale are at the discretion of M&M Auctions.

Buyer’s Premium

The buyer’s premium is currently 24% inclusive of VAT at the standard rate. Unless stated, items are sold without VAT.

We reserve the right to change this at any time.

Absentee Bidding

Any postal, fax, internet via email or bids that have been submitted and/or telephoned in are taken as your agreement to a binding contract between you and us (M&M Auctions).

M & M Auctions offer an online bidding service via the-saleroom.com and Liveauctioneers for bidders who cannot attend the sale.

In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with M & M Auctions:

1. You authorise M & M Auctions, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and

2. You confirm that you are authorised to provide these credit card details to M & M Auctions through www.the-saleroom.com and agree that M & M Auctions are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 5% commission charge + VAT at the rate imposed on the hammer price. Liveauctioneers is 3% plus VAT.

Removal of Goods

No purchase shall be claimed or removed until the sale has been concluded, unless the Auctioneer announces prior to the sale goods may be removed before the sale ends. Once goods have been removed from the Auction building by Buyers who attend the sale, no further responsibility for loss or damage however or whenever caused can be accepted by M&M Auctions Limited. Buyers should ensure lots are as viewed before they are removed.

Commission to Bid

M&M Auctions Ltd will execute bids on behalf of intending buyers unable to attend the sale at no charge. M&M Auctions Ltd undertake to purchase lots as cheaply as allowed by other bids and reserves. Bids must be submitted in writing and whilst every care is taken in carrying out instructions M&M Auctions Ltd cannot be held responsible for errors or omissions made in carrying out such bids.

Methods of Payment

Cheque

If payment is to be made by cheque and the cheque exceeds the cheque guarantee limit, then goods can only be collected on the day of the sale if the buyer is known to us, or if prior arrangements have been made. We reserve the right to hold goods until a cheque is cleared.

Debit/Credit Card

Debit cards / Credit Cards are accepted and there is no charge for this service.

Bank Transfer

Bank Details are as follows: HSBC – Branch sort code: 404301 – Account number: 91638874BIC/Swift: HBUKGB4B IBAN: GB89HBUK40430191638874

M&M Auctions Ltd – Company Reg: 11285461 – VAT No. 295383757

Mechanical and Electrical items

Items sold in our auctions are sold as collectors’ items. Mechanisms have not been tested unless otherwise stated in the lot description and therefore are sold as seen.

Shipping

M&M Auctions can pack and send consignments to winning bidders and whilst every effort will be made to ensure items are properly packed, no responsibility can be accepted by us or our staff for any loss or damage once items leave our premises. Insurance can be taken out at the Bidder’s request, otherwise items are sent out via an appropriate courier. Please enquire about this before paying for your lots. We ship Worldwide. For overseas shipments, fair and reasonable quotes can be provided.

Withdrawals

Where withdrawal shall mean the instruction (from the vendor) to terminate the service that M&M Auctions Limited shall carry out for the vendor where that service is defined by the initial instruction to act as selling agent for the vendor and is thereby authorised with all rights by the vendor to act on their behalf such that:

A) Lots withdrawn from sale once an item has been catalogued will incur a charge of 20% of the bottom estimate or the reserve whichever is greater plus VAT.

B) Lots withdrawn after the catalogue has been printed and distributed will incur a charge of 50% of the bottom estimate or the reserve whichever is greater plus VAT.

C) Items that are requested for withdrawal, prior to cataloguing will incur a charge of 20% of the bottom estimate of valuation plus VAT.

Insurance and Loss

M&M AUCTIONS LIMITED shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner’s written instructions. M&M AUCTIONS LIMITED shall not be responsible for accidental breakage, loss or damage howsoever caused. All lots are sent to postal bidders at their own risk although every effort is made by the Auctioneer to pack all items safely and send via an appropriate courier.

Reserves

(a) All goods are put up for sale WITHOUT RESERVE unless written instructions are received by M&M AUCTIONS LIMITED prior to commencement of the sale. (b) In the event of any reserve price not being reached at auction, M&M AUCTIONS LIMITED are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on M&M AUCTIONS LIMITED’s premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply. (c) All reserves must be agreed by both M&M AUCTIONS LIMITED and the vendor. No reserves are carried forward to future sales.

Right to Sell.

Vendors will be charged for goods left on the premises if the vendor has been requested to remove them, and if the goods are not removed within twenty-one days of such request M&M AUCTIONS LIMITED reserve the right to sell the goods to defray costs and storage charges. M&M Auctions will endeavour to sell all vendor’s items but after 3 attempts and after the expiry of 31 days after the last date of attempted sale, unless otherwise instructed by the vendor that goods shall be collected, M&M Auctions reserve the right to sell the goods to defray costs and storage charges.

Third Party Liability.

Every person on M&M AUCTIONS LIMITED premises at any time shall be deemed to be there at his own risk. He shall have no claim against M&M AUCTIONS LIMITED 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 direct negligence of M&M AUCTIONS LIMITED employees.