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5.13.1.3 as soon as possible following return of the Lot, you mustproduce evidence satisfactory to us that the Lot is a Forgery andthat you are able to transfer good title to us, free from any thirdparty claims.5.13.2 In no circumstances shall we be required to pay you any morethan the amount paid by you for the Lot concerned and you shallhave no claim for interest.5.13.3 The benefit of this guarantee is not capable of beingtransferred, and is solely for the benefit of the person to whom theoriginal invoice was made out by us in respect of the Lot when soldand who, since the sale, has remained the owner of the Lot withoutdisposing of any interest in it to any third party.5.13.4 We shall be entitled to rely on any scientific or other process toestablish that the Lot is not a Forgery, whether or not such processwas used or in use at the date of the auction.6 LIABILITYNothing in these Terms and Conditions limits or excludes our liability for:6.1 death or personal injury resulting from negligence; or6.2 any damage or liability incurred by you as a result of our fraud orfraudulent misrepresentation.7 COPYRIGHT7.1 We shall have the right (on a non-exclusive basis) to photograph, videoor otherwise produce an image of the Lot. All rights in such an imagewill belong to us, and we shall have the right to use it in whatever waywe see fit.7.2 The copyright in all images, illustrations and written material relatingto a Lot is and shall remain at all times our property and we shall havethe right to use it in whatever way we see fit. You shall not use or allowanyone else to use such images, illustrations or written material withoutour prior written consent.8 VATYou shall give us all relevant information about your VAT status and that ofthe Lot to ensure that the correct information is printed in the catalogues.Once printed, the information cannot be changed. If we incur any unforeseencost or expense as a result of the information being incorrect, you willreimburse to us on demand the full amount incurred.9 NOTICESAll notices given under these Terms and Conditions may be served personally,sent by 1st class post, or faxed to the address given to the sender by the otherparty. Any notice sent by post will be deemed to have been received on thesecond working day after posting or, if the addressee is overseas, on the fifthworking day after posting. Any notice sent by fax or served personally will bedeemed to be delivered on the first working day following despatch.10 ADDITIONAL PROVISIONSThe following provisions of this clause 10 shall apply only if you are acting forthe purposes of your business.10.1 Limitation of LiabilitySubject to clause 6, we shall not be liable, whether in tort (includingfor negligence) or breach of statutory duty, contract, misrepresentationor otherwise for any:10.1.1 loss of profits, loss of business, depletion of goodwill and/orsimilar losses, loss of anticipated savings, loss of goods, loss ofcontract, loss of use, loss of corruption of data or information; or10.1.2 any special, indirect, consequential or pure economic loss,costs, damages, charges or expenses.10.2 SeverabilityIf any part of these Terms and Condition is found by any court to beinvalid, illegal or unenforceable, that part may be discounted and therest of the conditions shall continue to be valid and enforceable to thefullest extent permitted by law.10.3 Force majeureWe shall have no liability to you if we are prevented from, or delayedin performing, our obligations under these Terms and Conditions orfrom carrying on our business by acts, events, omissions or accidentsbeyond our reasonable control, including (without limitation) strikes,lock-outs or other industrial disputes (whether involving our workforceor the workforce of any other party), failure of a utility service ortransport network, act of God, war, riot, civil commotion, maliciousdamage, compliance with any law or governmental order, rule,regulation or direction, accident, breakdown of plant or machinery,fire, flood, storm or default of suppliers or subcontractors.10.4 Waiver10.4.1 A waiver of any right under these Terms and Conditions is onlyeffective if it is in writing and it applies only to the circumstancesfor which it is given. No failure or delay by a party in exercising anyright or remedy under these Terms and Conditions or by law shallconstitute a waiver of that (or any other) right or remedy, norpreclude or restrict its further exercise. No single or partial exerciseof such right or remedy shall preclude or restrict the further exerciseof that (or any other) right or remedy.10.4.2 Unless specifically provided otherwise, rights arising underthese Terms and Conditions are cumulative and do not excluderights provided by law.10.5 Law and Jurisdiction10.5.1 These Terms and Conditions and any dispute or claim arisingout of or in connection with them or their subject matter, shall begoverned by, and construed in accordance with, the law of Englandand Wales.10.5.2 The parties irrevocably agree that the courts of England andWales shall have exclusive jurisdiction to settle any dispute orclaim that arises out of, or in connection with, Terms andConditions or their subject matter.Postal ChargesPrices for books(items sent by this method are not covered by insurance)Weight UK EU Rest of the WorldUp to 1kg £8 for any weight £12 £15Up to 2kg £8 for any weight £18 £25Prices for all other items including postage and packagingInvoice Value UK EU Rest of the WorldUp to £1,500 £10 £15 £20Above £1,501 £20 £30 £40Shipments of more than 2kg or volumetric measurement of more than 2kg have tobe sent by courier. Certain countries may incur extra charge when courier servicesare required by our insurance policy. For lots sent by courier please contactAuctionteam@spink.com for calculation of any further relevant cost in addition tothe above charges.Value Added Tax (VAT)Charging of (VAT) at AuctionThe information shown on this page sets out the way in which Spink intends toaccount for VAT.i. Auctioneers’ Margin Scheme1. Where possible, we will offer Lots for sale under the Auctioneers’Margin Scheme. Such Lots can be identified by the absence of anyVAT symbol next to the Lot number in the catalogue and will not besubject to VAT on the Hammer Price.ii.iii.iv.2. Where Lots are sold using the Auctioneers’ Margin Scheme toVAT–registered businesses, the VAT included within the Buyers’Premium is not recoverable as input tax. Upon request on sale day,we will issue invoices that show VAT separately on both the HammerPrice and the Buyer’s Premium. This will enable VAT-registeredbusinesses to recover the VAT charged as input tax, subject to thenormal rules for recovering input tax.Zero-Rated LotsLimited Categories of goods, such as books, are Zero-rated (o) for VAT inthe United Kingdom. Such Lots are offered under the Auctioneers’ MarginScheme. In these circumstances no VAT will be added to the Buyer’spremium.Daggered LotsLots which are Daggered (†) in the catalogue are subject to VAT at 20%on both the Hammer Price and the Buyer’s Premium.Starred and Omega LotsLots which are marked (x) in the catalogue are subject to VAT at 5% onthe Hammer price plus 20% on the Buyer’s premium. Lots which bear theOmega symbol (Ω) are subject to VAT at 20% on the Hammer Price andon the Buyer’s Premium. Such Lots bear VAT because the Lot is liable forVAT at this rate on importation into the EU.v. Investment Gold LotsLots marked (g) in the catalogue are exempt from VAT on the HammerPrice and are subject to VAT at 20% on the Buyer’s Premium. A refund ofVAT charged on the Buyer’s Premium can also be made on receipt of proofof business as a collectibles dealer.vi.Imported LotsLots which are marked (x) and Lots which bear the Omega symbol (Ω)have VAT charged on the Hammer Price and Buyers’ Premium becausethey have been imported into the United Kingdom from outside the EU.In these cases we have used a temporary importation procedure, which ineffect means that the point of importation is deferred until the Lot has beensold. At this point the Buyer is treated as the importer and is liable to paythe import VAT due. We will collect the VAT from you and pay it to HMCustoms and Excise on your behalf.Spink Uni (07/11) (20)