These  Conditions of Sale and the Notices contain all the terms on which Convery Auctions Ltd and the seller contract with the buyer. They may be amended by verbal announcements or notices posted during the sale. By bidding at auction you agree by these terms.

 

1. CONVERY AUCTIONS LTD AS AGENT
Except as otherwise stated Convery Auctions acts as the seller’s agent. The contract for the sale of the property is therefore made between the seller and the buyer.

2.PRIOR TO THE AUCTION
(a) Examination of property
Prospective buyers are strongly recommended to examine personally any property in which they are interested, before the auction takes place . Conditions reports are usually available on request. Neither Convery Auctions nor the seller provides any guarantee in relation to the nature of the property apart from the Limited Warranty in paragraph 6 below. The Property Is Otherwise Sold “As Is”

(b) Catalogue and other descriptions
Our cataloguing practise is explained in the Notices. All statements by us in the catalogue entry for the property, or made verbally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of facts.  Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a representative. The absence of such a reference does not imply that an item is free from defects or restoration. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Except set forth in paragraph 6 below, neither Convery Auctions nor the seller is responsible in any way for errors and omissions in the catalogue, or any supplemental material.

( c) Buyer’s responsibility
Except as stated in the limited warranty in paragraph 6 below, all property is sold “As Is” without any representation or warranty of any kind by Convery Auctions or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.

 

3. AT THE AUCTION
(a) Convery Auctions has complete discretion to refuse admission to the auction or participation in and auction and complete discretion to refuse any bid .

(b) A prospective buyer must complete and sign a registration form and provide such references and identification before bidding. On occasion bank references may be  required.

( c) When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer’s premium and all applicable taxes, plus all applicable charges.

(d) Absentee bids will be carried out with all reasonable efforts provided that they are delivered to us in  good time prior to the auction and in legible form. If identical amounts are received for the same lot and these are the highest bids the lot will be sold to the person who whose written bid was received and accepted first. Execution of written bids is a free service subject to other commitments at the time of the auction. We do not accept liability for failing to execute a written bid or for errors and omissions in connection with it.

(e)Telephone bids will be carried out with all reasonable efforts provided that they are delivered to us in  good time prior to the auction . We do not accept liability for failing to execute a telephone bid or for errors and omissions in connection with telephone bidding.

(f) All lots are offered subject to a reserve unless otherwise stated . The reserve will not exceed the low estimate published in the catalogue. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller up to the amount of the reserve

(g) The auctioneer may at their absolute discretion, divide any lot, combine any lot, withdraw any lots, refuse bids, regulate bids and cancel any sale ant any time without reason or notice.

(h) Subject to condition 3(g) the contract between the buyer and seller is concluded on the striking of the auctioneers hammer. Risk and responsibility for the lot passes to the buyer at the expiration of seven calendar days from the date of the sale or on collection by the buyer if earlier.

 

4. POST SALE
(a) The buyer shall pay the  Hammer Price plus a premium of 15% together with any applicable VAT

(b) Payment must be made immediately after the sale. Title will not pass to the buyer  until cleared funds have been received by Convery Auctions Ltd even in circumstances where we have released  the lot to the buyer.

( c) Once full and cleared funds have been received , the buyer may collect lots during and immediately after the auction. Thereafter all purchased lots will be transferred to storage.

(d) Although all reasonable efforts will be made to take care of purchased lots, all packing and handling is at the purchasers risk and Convery Auctions will not be liable for any acts or omission of third party shippers, packers or sorters

(e) If the buyer fails to pay in full within the time required by paragraph 4(b). Convery Auctions will be entitled to exercise one or more of the following remedies

(I) cancel the sale of the lot;
(ii) store the lot at its premises or elsewhere at the buyer’s sole risk and expense ;
(iii) to charge interest at such rate as we shall reasonably decide;
(iv) to reject future bids made by or on behalf of the buyer ;
(v)  to resell the property publicly or privately with reserves at our discretion and the buyer will be liable for any shortfall against the re-sale price and the original purchase price including all other expenses owed to third party;
(vi) to set off against any amounts which we may owe the buyer against any amounts owed to Convery Auctions by the buyer for the lot;
(vii) to commence legal proceedings to recover the total amount plus interest and legal fees
(viii) Execute a lien over  Buyer’s Property in our possession, applying the sale proceeds to any amounts owed by the buyer to Convery Auctions. We  shall give the buyer 21 days notice in writing before execute such lien.

 

5. EXTENT OF CONVERY AUCTIONS LIABILITY
We agree to pay the purchase price in the circumstances of the Limited Warranty set out in paragraph 6 below. Apart from that, neither the seller nor we are responsible for the accuracy of any statement of whatever kind pertaining to any lot, whether written or verbal, nor for any other omissions or errors in description or for any faults or defects in any lot. Except as stated in paragraph 6 below, neither the seller, ourselves give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, rarity, medium, attribution, quality, size, condition, importance, provenance, literature, authenticity, exhibition history or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.

 

6. LIMITED WARRANTY
Subject to the terms and conditions of this paragraph , Convery Auctions warrants a period of one year from the date of the sale that any property described in headings printed in this catalogue (as such description may be amended by any saleroom notice or announcement) which is stated without qualification to work of a named author refers to the creator of the property or to period, culture, source or origin, as the case may be, with which the creation of such property is identified in the description of the property in this catalogue. Only the heading of the lots in this catalogue indicate what is being warranted by Convery Auctions. The warranty does not apply to any heading which is stated to represent a qualified opinion. The warrant is subject to the following:

(.i) The benefits of the warranty are non-transferable and shall apply only to the original buyer of the lot shown on the Convery Auctions Ltd original invoice

(ii) The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party

(iii) .It does not apply where (a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars or experts at the date of the sale or fairly indicated that there was a conflict of opinions; (b) the only method of establishing at the date of the sale that the item was a forgery would have been by means of processes not the generally available or accepted, unreasonably expensive or impractical; or likely to cause damage to or loss in value to the property;

(iv) The buyer’s sole and exclusive remedy against Convery Auctions and the seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot, Neither Convery Auctions Ltd nor the seller will be liable for any special, incidental or consequential damages including, without limitation, loss of profits nor for interest.

(v) The buyer must give written notice of claim to Convery Auctions within one year from the date of the auction. It is general policy and we shall have the right, to require the buyer to obtain the written opinions of two recognised experts in the field, mutually acceptable to Convery Auctions and the buyer, before Convery Auctions decides whether or not to cancel the sale under warranty.

(vi) The buyer must return the lot to the Convery Auctions saleroom at which it was purchased in the same condition as at the time of the sale

 

7. MISCELLANEOUS
(a) All images of lots, written material produced by Convery Auctions Ltd is and shall remain at all times the property of Convery Auctions Ltd and shall not be used by the buyer, nor anybody else without prior written consent. Convery Auctions and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it. 

(b) If any part of these Condition of Business be held unenforceable, that part shall be discounted and the rest shall continue to be valid

 

JURISDICTION
These condition shall be governed by and construed in accordance with Scots Law. All transactions to which these apply and all the matters connected therewith shall also be governed by Scots Law. Convery Auctions Ltd hereby submit to the exclusive jurisdiction of the Scottish Courts and all other parties concerned hereby submit in favour of the Auctioneers to the non-exclusive jurisdiction of the Scottish Courts. 

 

NOTICES
From time to time as auctioneer Convery Auctions Ltd may offer for auction property owned in whole or part or have financial interest in.

Please note that prospective buyers are deemed to have satisfied themselves as to the condition and content prior to purchase. All items in this category are not subject to return.

All sizes given in the catalogue are approximate

Medals and medallions may appear from time to time may be illustrated larger than life-size

 

EXPORT/IMPORT RESTRICTIONS
It is your sole responsibility to comply with all export, import and copyright regulations relating to your purchases and obtain any relevant export and/or import licence(s) including licences required under Convention on the International Trade in species (CITES)