1 DEFINITIONS The following terms shall have the meanings set out below within these Conditions of Sale:
a) Buyer's Premium : the commission payable on the Hammer Price by the Buyer to Scotarms Ltd of 25%, plus VAT thereon.
b) Hammer Price : the highest bid accepted by the auctioneer for a Lot
c) Reserve : the lowest acceptable Hammer Price for a Lot, as agreed between Scotarms Ltd and the Vendor
d) Lot : any property offered by Scotarms Ltd for auction as described against a Lot number in our catalogue
e) Buyer : the highest bidder from whom the auctioneer accepts the Hammer Price for a Lot. If acting as an agent the Buyer is jointly and severally liable with his principal for discharge of all obligations and liabilities under these Conditions.
f) Vendor : the owner or his authorised agent in possession of property consigned to Scotarms Ltd for sale by auction. Joint owners are held jointly and severally liable for all obligations of the Vendor set out in these Conditions.
g) Vendor's Commission : the commission payable by the Vendor to Scotarms Ltd at Scotarms Ltd's published rates or as shall otherwise be agreed, plus VAT thereon.
2 VENDORS By consigning property to Scotarms Ltd for sale, the Vendor is deemed to have read, understood and accepted these Conditions.
2.1 Agency
Scotarms Ltd act as Agent for the Vendor at all Sales, and the contract for sale of the Lot is made between the Vendor and the Buyer directly. The Vendor agrees that Scotarms Ltd shall be entitled to deduct the Vendor's Commission plus any Costs (as defined below) and applicable VAT from the proceeds of sale before paying these over to the Vendor. Scotarms Ltd shall also be entitled to be paid the Buyer's Premium to which the Vendor will have no claim.
2.2 Warranties
The Vendor warrants that:
a) he is the true owner with full rights to transfer possession and good saleable title to the Vendor's Lot(s) free of any encumbrance or third party claim, or that he is authorised so to do by the true owner
b) for Lots not physically under Scotarms Ltd's control, that they will be delivered up to the Buyer in the condition in which catalogued by Scotarms Ltd when the Buyer has acquired title
c) unless Scotarms Ltd have been otherwise informed in writing, that the Lot has, if applicable, been properly imported into the EU and all duties and taxes thereupon have been paid. The Vendor indemnifies Scotarms Ltd and the Buyer against any claims or expenses arising from any breach of these warranties.
2.3 Vendor Commission rates
All lots are subject to a Vendor Commission of 15% of the hammer price except lots realising £50.00 or under, which are subject to a minimum of 35% commission rate. Every effort will be made to consolidate items where possible so that the higher charge will not be incurred.
2.4 Costs
The Vendor agrees to pay for all of the following plus VAT (hereinafter `Costs') as are applicable to any Lot consigned by the Vendor :
a) Shipping (packing, insurance and freight) costs to Scotarms Ltd prior to sale
b) Customs duties and VAT if imported from outside the EU unless the Lot is offered subject to VAT on the Hammer Price
c) Illustration charges
d) Insurance charges while Lots are in Scotarms Ltd control
e) Unsold Lot commission
f) Proof House charges
g) Storage charges post sale if the Lot is unsold, unless collected within 10 days of the sale
h) Return shipping costs (as a) above) if the Lot is unsold
2.5 Pre-sale arrangements & Charges
The Vendor agrees that:
a) Insurance
All goods consigned for sale shall be insured by Scotarms Ltd whilst under their control. The Insured Value shall be the Reserve pre-sale or post-sale if unsold (or if no Reserve is agreed, such appropriate value as Scotarms Ltd shall assign to the Lot), or the Hammer Price if sold. The Insurance charge shall be 1% of the Insured Value. Scotarms Ltd's liability for loss or damage to the Vendor's property shall be limited to the Insured Value, less any Vendor's Commission and Costs.
b) Illustration
Scotarms Ltd have the right at Scotarms Ltd's discretion to photograph any Lot, to use that photograph to illustrate any catalogue or in any other way that Scotarms Ltd choose, and to retain copyright to such photographs, unless the Vendor indicates in writing that illustration is not permitted at the time of consignment of the Lot for sale. The illustration charge for black & white photographs is £ 20.00 per full (A5) page, or pro-rata for smaller illustrations, subject to a minimum charge of £5.00. Colour illustration charges are available on application.
c) Cataloguing
Scotarms Ltd shall have complete discretion in the description of the Lot in the catalogue and in the combination or division of goods to make up Lots.
d) Reserve
No Lot valued by Scotarms Ltd at less than £50 shall be subject to Reserve. Scotarms Ltd retain the discretion to sell at a Hammer Price up to 10% below the agreed Reserve if it is the auctioneer's judgment that re-offering the Lot will not improve upon this figure.
e) Withdrawal
The Vendor shall not withdraw the Lot from the sale without Scotarms Ltd consent. If withdrawn after our confirmation of acceptance for sale has been issued, a withdrawal fee of £25.00 shall be paid by the Vendor plus any Costs incurred to the point of withdrawal and VAT thereon as applicable.
f) Proof
Under the Proof Acts, all firearms offered for sale in the UK must bear valid proof marks and all Lots liable will be checked prior to sale. Any firearms found to be out of proof will be submitted for proof to the Birmingham Proof House at the Vendor's risk. Charges for the Vendor's account, regardless of whether the weapon passes proof or not, are £10.00 per barrel, plus £1.00 per barrel for cleaning and preparation if the barrel is not submitted to Scotarms Ltd cleaned and ready for proof, or £8.00 for a Certificate of Unprovability if ammunition is not available.
g) Entries
All property consigned for sale must be accompanied by an itemised list with Vendor's name and address. Property not so listed will be stored at the Vendor's cost until such list is supplied. Storage charges are £2.50 per Lot per week or part thereof. (The GTA recommended charge).
h) VAT
Unless specifically agreed in writing between Scotarms Ltd and the Vendor all Lots which may be subject to VAT are sold inclusive of VAT at the Hammer Price under the Auction/Dealers Margin Scheme (Special Scheme). Any Lot which is subject to VAT on the Hammer Price either as an import from outside the EU or because the Vendor is an EU VAT registered business not subject to the Dealer's Margin Scheme will be indicated by a ! symbol against the Lot number in the catalogue.
2.6 Sale procedure
a) Discretion
Scotarms Ltd shall have absolute discretion over :
i) the admission of any persons to the sale and over the acceptance of any bids.
ii) the acceptance of any goods for sale and the date and time of the sale in which they are offered.
iii) the withdrawal of any Lot if doubts arise over the authenticity of the Lot or the veracity of any of the Vendor's Warranties.
b) Reserve
The sale of any Lot shall be subject to the Reserve, if any.
c) Bidding
No Vendor nor his agent may bid for his own Lots, but Scotarms Ltd alone shall have the right to bid on the Vendor's behalf up to one bid below the Reserve.
2.7 Post Sale arrangements
a) Payment of proceeds Scotarms Ltd will remit the nett proceeds of sale (Hammer Price less Costs and Vendor's Commission and VAT) to the Vendor up to 6 weeks after the Sale, provided that Scotarms Ltd have received full payment from the Buyer(s) of the Vendor's Lot(s). If payment has not been received at that time, Scotarms Ltd will thereafter remit proceeds within 7 days of receipt from the Buyer(s).
b) Non-payment If the Buyer fails to pay in full within 6 weeks after the sale, Scotarms Ltd will take any steps deemed necessary to recover the proceeds plus storage charges and insurance costs from the Buyer. However, Scotarms Ltd shall not be obliged to pay the Vendor in their own recognisance nor to take legal action on the Vendor's behalf for recovery, but will agree a course of action with the Vendor.
c) Unsold Lots When a Reserve has been set by the Vendor Unsold Commission is payable at the reduced rate of 8% of the Reserve, subject to a minimum of £20.00 per Lot, plus Costs and applicable VAT. Unless instructed in writing to the contrary, unsold Lots will be re-offered at the next Sale but one, without Reserve.
3 BUYERS
By entering into and bidding at the sale, the Buyer, or potential Buyer, is deemed to have read, understood and accepted these Conditions.
3.1 Agency
Scotarms Ltd act as Agent for the Vendor at all times, and the contract for sale of the Lot is made between the Vendor and the Buyer directly. Scotarms Ltd shall be entitled to receive the Buyer's Premium at the prevailing rate of 25.0% of the Hammer Price plus VAT thereon, or as otherwise advised in the Sale Room or by auctioneer's announcement. The Buyer further agrees that Scotarms Ltd shall be entitled to payment of commission by the Vendor.
3.2 Catalogue description
All Lots are sold as seen, with all imperfections and errors of description. The "Notes on Condition of Items" describe Scotarms Ltd cataloguing and condition grading practice. The descriptions and condition gradings are solely subjective statements of opinion and may not be relied upon as fact. Attribution, description of markings and condition assessments are based upon the current appearance of the Lot and contain no implicit guarantee of genuineness or absence of reworking or modification of an original item. Illustrations are provided as guidance for Buyers for identification only and may not be relied upon to reveal imperfections.
Buyers are strongly urged to personally examine Lots prior to sale and are responsible for using their own judgement in satisfying themselves as to the condition of Lots, their genuineness and accordance with their description. Neither Scotarms Ltd nor the Vendor make any representations or warranty, express or implied to the Buyer as to the accuracy of any description nor the authenticity or originality of any Lot. No claim shall be made against Scotarms Ltd or its servants nor any sale rescinded due to faults, non-originality or misdescription of any Lot
There shall be no warranty, implicit or explicit, in any description of any Lot as to the safety or suitability for any use. Bores are not examined, except for shotguns which are checked for conformity to Proof regulations. No person shall have any claim against Scotarms Ltd or its servants in respect of any accident or damage arising from use or attempted use of any weapon or ammunition purchased in Scotarms Ltd Sales.
3.3 Sale procedure
a) Registration
All prospective Buyers must register prior to the sale or to pre-sale viewing, giving their name and address and if intending to purchase firearms or ammunition, details or a photocopy of their authorisation to possess/acquire the corresponding category of firearm/ammunition under the Firearms Acts 1968 - 97 (as amended) or documentary proof of their exemption from such requirement. No one may view or bid for any Lot controlled under the Firearms Acts without being in possession of the appropriate authority to possess that category of firearms or ammunition. No one not possessed of such authority may bid on behalf of another person who is authorised unless such bidder himself is the authorised employee of that authorised person. Scotarms Ltd have absolute authority to refuse admission to the Sale or to refuse bids from any prospective Buyer suspected of contravention of this Condition.
b) Admission
Scotarms Ltd shall have complete discretion over admission to the Sale;in particular prospective Buyers who have not paid in full for purchases from previous sales may not be admitted nor may their telephone/written bids be accepted.
c) Postal bids Scotarms Ltd will use reasonable efforts to execute absentee pre-sale bids, provided they are made by post or facsimile, on the Postal Bidding Form bound into the Catalogue, at least 24 hours before commencement of any Sale. Unless the prospective bidder is an accredited account holder with Scotarms Ltd, a deposit of 20% of the aggregate of all bids must be made prior to the sale either by cheque, bank transfer or credit card. If two or more identical bids are received for a Lot, precedence will be given to the first received if these are the highest bids for that Lot. Scotarms Ltd accept no liability nor will accept any claim from Vendor or prospective Buyer for failure to execute any Postal Bid.
d) Telephone bids Provided arrangements are made prior to sale day, we shall make all reasonable efforts to contact prospective Buyers by telephone immediately prior to bidding commencing for Lots which they wish to purchase. Scotarms Ltd shall not be held liable by either Vendor or prospective Buyer in any way for any failure to communicate in such circumstances. A similar deposit is required as detailed at 3.3.c) above.
e) Auctioneer's discretion The auctioneer has complete discretion to accept or refuse any bid, to advance bidding by any increment, to withdraw, amalgamate or divide any Lots as he shall decide.
f) Contract
The fall of the hammer determines the auctioneer's acceptance of the successful bid, subject to his discretion under 3.3.a), b) and e) above, and formation of the contract for sale of the Lot between Vendor and Buyer.
g) Disputes
In the event of dispute at the fall of the hammer, the auctioneer has complete discretion to determine the Buyer, cancel the sale, re-offer or withdraw the Lot or take such other action as he shall determine.
3.4 Post-sale arrangements
a) Payment
i) Immediately after the fall of the hammer, the Buyer shall pay to Scotarms Ltd the total sum due being the aggregate of the Hammer Price, plus any VAT thereon, if applicable, as indicated by the ! symbol against the Lot in the catalogue, plus the Buyer's Premium and any other duties or costs or other sums due in respect of the Lots purchased, plus all sums due from a Buyer who is in default in payment in respect of Lots from earlier Sales.
ii) Payment shall not be deemed to have been made until Scotarms Ltd are in receipt of cash or cleared funds. Bankers drafts or personal cheques supported by a cheque guarantee card up to the limit of that guarantee are acceptable. Alternatively a letter from the Buyer's Bank confirming the Buyer's limit of creditworthiness will be accepted to guarantee a cheque up to that limit.
iii) Payment by Cash or Debits Cards are preferred. We do not accept credit cards.
iv) Payment shall be made as detailed at 3.4.a.i), ii) & iii) above notwithstanding the any necessity for consolidation for shipment or for export licences to be granted for overseas Buyers.
v) Payments may be made direct to Scotarms Ltd's bank:
Account Number : 41121694
Branch Sort Code : 60-13-23
BIC : NWBK GB 2L
IBAN : GB54 NWBK 6013 2341 1216 94
b) Collection
Unless otherwise agreed by Scotarms Ltd with accredited account customers, no Lot will be released for collection, at the Buyer's risk and cost, until full payment as defined at 3.4.a) above has been made. Except for Lots purchased by postal/telephone bidders which are to be held for shipment, all Lots must be removed from Scotarms Ltd premises within 24 hours of the end of the Sale. If not collected within this time, storage charges will accrue to the Buyer's account and Lots will not be released until these charges are paid in full.
c) Transfer of title Ownership of the Lot will not be transferred to the Buyer until Scotarms Ltd have received full payment as defined at 3.4.a) above.
d) Transfer of risk
Transfer of risk of loss or damage passes to the Buyer at the earlier of transfer of title or collection of any Lot or in any case, unless held for despatch to postal/telephone bidders, 7 days after the day of the Sale.
e) Non-payment If payment is not made as specified at 3.4.a) above the Buyer will be held to be in breach of contract and Scotarms Ltd shall have the right to exercise one or more of the following remedies :
i) charge interest upon the total sum due or such part thereof as remains outstanding from 7 days after the Sale at a rate not exceeding 1.5% per month or part thereof.
ii) issue legal proceedings on behalf of the Vendor(s) against the Buyer for breach of contract to recover the total sum due plus all legal and other costs incurred.
iii) rescind the sale of the Lot(s) not paid for and that of any other Lot(s) from previous sales sold to the defaulter, retaining all payments made by the Buyer in compensation for all costs and losses made by Scotarms Ltd and the Vendor(s) of the Lots(s) not paid for.
iv) re-offer the Lot(s) for sale at auction at the next convenient Sale, and hold the defaulting Buyer liable for any additional Costs and any deficiency between the Hammer Price then realised and that originally bid by the defaulter.
v) exercise our lien in respect of any other property of the defaulting Buyer which is under Scotarms Ltd control and, after 10 days notice, arrange the sale of such property at auction, applying the proceeds as detailed at 3.4.e.iv) above.
vi) apply set off to any sums which may be owing to the Buyer from Scotarms Ltd in respect of transactions at the Sale or any earlier sale.
4 GENERAL CONDITIONS
4.1 Notices
Any Notice required to be given under these Conditions shall be sent direct to the last known address of the Vendor/prospective Buyer/Buyer either by facsimile or first class post and shall be deemed to have been received within 24 hours if sent by facsimile and 48 hours if by post inland or 5 days if overseas.
4.2 Law
The construction, validity and performance of this agreement shall be governed by the laws of England. The parties to any action brought under these Conditions hereby submit for the benefit of Scotarms Ltd to the jurisdiction of the Courts of England exclusively
4.3 Entirety of Agreement
These Conditions shall constitute the entire agreement and understanding between the parties with respect to all matters which are referred to and no party hereto has any reliance on any representation, warranty or undertaking of any other party which is not set out or referred to in these Conditions. No variation of these Conditions shall be effective unless posted in the Sale Room or announced orally by the auctioneer at the commencement of any Sale.
4.4 Invalidity
If any term or provision of these Conditions shall in whole or in part be held to any extent be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent only be deemed not to form part of these Conditions and the enforceability of the remainder of these Conditions shall not be affected.