Modern Sporting Guns & Antique Arms

Conditions of Sale
Southams (herein called the Auctioneers) will not be responsible
for any loss, damage or injury occasioned to or sustained by any
person during the period of public viewing and at the Auction
Sale, howsoever the same may arise unless arising from the
negligence of any employee of the Auctioneers.
1 AGENTS FOR DISCLOSED PRINCIPLE:
The Auctioneers act in every respect relating to goods and the
sale thereof as Agents only of the person or persons (herein
called the Vendor) by whom the Auctioneers are authorised
to sell such goods as may have been deposited with them for
that purpose. The Buyer acknowledges that any liability arising
under these terms and conditions of sale and purchase is the
liability of the Vendor only and not that of the Auctioneers
2 DESCRIPTION:
Every effort is made to ensure the accuracy of any statement
as to authorship, attribution, origin, date, age, provenance and
condition of any lot whether or not such statement forms part of
the description of any such lot. Whether any such statement is
made orally or in catalogue it is an expression of opinion given
after careful consideration. It is not and all prospective Buyers
acknowledge that the particular Auctioneer conducting the sale
may at such sale and at his discretion modify any description or
statement in the catalogues. Such modification whether given
orally or in writing is a statement of opinion and is not and all
prospective Buyers acknowledge that it is not to be taken as
being a statement or representation of fact. All prospective
Buyers acknowledge that any such modification is given as
Agent for the Vendor who alone shall be liable therefore.
3 THE AUCTION:
a) The Auctioneer has absolute discretion to divide any lot, to
combine any two or more lots or to withdraw any lots from the
sale, to refuse bids, regulate bidding, or cancel the sale without
in any case giving any reason or without previous notice. He
may bid on behalf of the Vendor for all goods which are being
offered subject to reserve or at the Auctioneers discretion.
b) 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 re-offer the lot. The Auctioneer may at his sole discretion
determine the advance of bidding or refuse a bid.
c) Each lot is put up for sale subject to any reserve price
placed by the Vendor. Where there is no reserve price (but not
otherwise) the Vendor has the right to bid either personally or by
any one person (who may be the Auctioneer).
d) The Vendor or the Auctioneer on his behalf may without
disclosing any reserve price withdraw from sale any lot before
it has been sold. Should the Auctioneers in any circumstances
sell any lots under a reserve price they shall be at liberty to
cancel the sale even if the lot has been paid for and release
has been given and upon refund of the purchase price (if paid)
neither the Vendor nor the Auctioneer shall be under any further
liability whatsoever to the Purchaser.
e) 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.
4 WARRANTIES AND IMPLIED CONDITIONS
EXCLUDED:
No warranty is given by the Auctioneer or the Vendor to any
prospective Buyer in respect of any lot and all implied conditions
or warranties whether imposed by the Sale of Goods Act 1979 or
otherwise (except in the case of the Vendor those implied under
Section 12 of the Sale of Goods Act 1979) are hereby excluded.
All lots are sold as shown with all faults, imperfections and errors
of description whether expressly identified in the catalogue
description or not.
5 TRANSFER OF RISK:
At the fall of the hammer the lot shall be at the sole risk of
the Buyer who shall give to the Auctioneers his full name and
address and such deposit as the Auctioneer may require.
Notwithstanding the foregoing the title in a lot purchased
shall not pass to the Buyer until he has made payment to the
Auctioneers of the full purchase price (inclusive of any VAT) and
the Buyers premium. Every bidder shall be deemed to act as
principal unless there is in force a written acknowledgement by
Southams that he acts as Agent on behalf of a named principal.
6 BUYERS PREMIUM:
A premium at the rate of 15% + VAT of the price realised for
each lot whether sold by Auction or Private Treaty is payable by
the Buyer to the Auctioneers for their own retention.
The Vendor acknowledges the Auctioneers right to retain any
premium paid by the Buyer.
In the event of a sale by Private Treaty both the Vendor and the
Buyer agree to be bound by the stated Conditions of Sale and
any special Conditions of Sale
as appropriate.
7 RIGHT TO RESCIND THE SALE
If within 7 days after the sale the Auctioneers receive from
the Buyer notice in writing stating that in his view the lot is a
deliberate forgery or suffers from a latent defect and further
stating the grounds upon which the Buyer takes that view are
set out in the said notice (which shall be accompanied by any
evidence upon which the buyer relies) and if within 7 days after
delivery of such notice the Buyer returns the lot to the Auctioneer
in the sale condition as it prevailed at the time of the sale free
from any liens charges or encumbrances then the Auctioneer
shall, subject to Condition 8, rescind the sale.
8 The Auctioneer shall not rescind any sale until such time as
they have certified to the Vendor and the Buyer that the lot is in