Sales catalogue: Miller, Paxton & Fairminer

Date:
28 June 1912
Reference:
WA/HMM/CM/Sal/24/172
Catalogue details

Licence: Public Domain Mark

Credit: Sales catalogue: Miller, Paxton & Fairminer. Source: Wellcome Collection.

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    CONDITIONS OF SALE. I. The highest bidder shall be the purchaser, subject to the reservation that the auctioneer shall have ‘the right (a) of regulating the amounts of the biddings ; ()) of rejecting any bid; (c) of determining in his absolute discretion all disputes regarding the biddings, or any other matter arising under these conditions ; and also (d) of bidding for, withdrawing, consolidating, dividing, or altering the order of any lots. II. The lots will be sold with all faults and errors of description, and shall immediately on the fall of the hammer be at the sole risk and expense of the respective purchasers, who shall, when required, give in their names and places of business or abode, and pay down in cash a deposit of 20 per.cent. of the purchase-money, or such further sum as the auctioneer may demand, and any sum so paid shall be applicable towards payment for all or any of the lots bought by such purchaser. ITT. All descriptive statements contained in advertisements or catalogues, or made by the auctioneer before or at the time of sale, are to be taken as expressions of the vendor’s or auctioneer’s opinion, and not as warranties, and no warranty of any kind is to be implied, and it shall be assumed that the purchaser has inspected the lot he buys. IV. The auctioneer will not recognize the transfer of any lot from one purchaser to another, nor make any alteration in the sale book in respect thereof, nor will any lot be delivered during the progress of the sale. VY. A purchaser shall not have the right to avail himself of any set-off or other plea for nonpayment of his purchase-money against the auctioneer or his principals, but he shall be liable for any unpaid purchase-money whether the lots bought have been removed or not. VI. The auctioneer shall not be responsible for any loss occasioned by fire, accident or otherwise. VII. The buyers shall remove their several lots at their own expense by 1 o’clock on Saturday, June 29th, but the purchase-money shall in all cases be due and payable on the day of sale, and must be paid on demand before delivery of the lots to the auctioneer or the person appointed by him to receive the same. In cases where one buyer purchases more than one lot, the whole of the accounts of the lots purchased by him shall be paid before any one lot is delivered. VIII. Should anv of the lots not be cleared within the time above specified, the purchaser shall be liable to the auctioneer for any cost of cartage, storage, or other expense occasioned by such default, and interest at the rate of 5 per cent. per annum shall be due and recoverable upon all accounts from the day of sale until the time of the settlement thereof, IX. Any damage done to the premises, or to any other property, by the purchaser or his employees while removing his lots, or otherwise, shall be made good by the said purchaser to the satisfaction of the auctioneer. Lastry. If any purchaser neglect or refuse to comply with the above conditions, or any of them, his deposit-money (if any) shall be forfeited, and the lots uncleared may, at the option of the auctioneer, be resold without notice, by public auction or private contract; and any loss occasioned by such resale, together with all expenses attendant thereon, or arising under these conditions, shall be paid by the defaulter at this sale, and be recoverable as and for liquidated damages. This condition, however, is without prejudice to the right of the auctioneer to enforce the contract made at this sale if he think fit, and the entry of the clerk in the sale book, verified by the auctioneer, shall be deemed full and sufficient evidence of such contract and binding alike upon vendor and purchaser. No Cheques taken.
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