Dinky Toys Auction 18th September 2010

Terms and Conditions Third Party Liability. Every person on D J Auctions' premises at any time shall be deemed to be there at his own risk. He shall have no claim against D J Auctions in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of D J Auctions' employees. GENERAL CONDITIONS OF SALE 1 Definitions. In these Conditions D J Auctions, who act only as auctioneers and agents for the vendor. Are called "The Auctioneers" and the representative of D J Auctions conducting the Auction is called "The Auctioneer". 2 General. Whilst D J Auctions make every effort to ensure the accuracy of their catalogue & the description of any lot (a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and error of description (b) D J Auctions do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so as to certify, and in such case the Auctioneers to so as agents of the vendor and are not themselves responsible for such claims. (c) All statements, whether printed in the catalogue or made orally are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by D J Auctions, unless they have been instructed in writing by the vendors so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. (d) Any claim under any Stature must be received in writing by the Auctioneer within ten days of the sale. 3 The Auction. (a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lot or 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 Auctioneer"s 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 the absolute discretion to settle it or to 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 seller has the right to bid either personally or by any one person (who may be the Auctioneer) (d) 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 Default. D J Auctions disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore they do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender"s risk and must be confirmed in writing forthwith. 5 In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale VENDORS CONDITIONS 6 Instructions. As D J Auctions are Auctioneers, all goods delivered to D J Auctions" premises will be deemed to be delivered for sale by Auction unless otherwise stated in writing and will be catalogued and sold at D J Auctions" discretion and accepted by D J Auctions subject to all the Sale Conditions. By delivering the goods to D J Auctions for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all those conditions. 7 Collections. D J Auctions do not themselves usually undertake the collection of goods but will, if required. D J Auctions disclaim all responsibility for loss or damage to goods for unauthorised removal of goods and for damage to premises caused by the contractor. Charges for collection of goods will normally be deducted from the proceeds of the sale. 8 Loss or Damage. D J Auctions disclaims all responsibility for loss or damage to goods or unauthorised removal of goods unless caused by the direct negligence of their employees. 9 Storage. D J Auctions reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises, or elsewhere, at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to the sale rooms without sufficient sale instructions, and reserve the right to make a minimum storage charge at 50p per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees). 10 Right to Sell. Vendors will be charged for goods left on the premises if the vendor has been requested to move them and if the goods are not removed within 21 days of such request. D J Auctions reserve the right to sell all goods to defray any storage charges. 11 Insurance. (a) Unless otherwise instructed in writing, all goods on D J Auctions" premises, and in their custody, will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage or damage). The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots, the best bid, or in the case of goods withdrawn prior to sale that which the specialised staff of D J Auctions shall, in their absolute discretion, estimate to be the auction value of such goods. (b) D J Auctions shall not be responsible for the damage to, or the loss, theft or destruction of any goods not so insured upon the owner"s written instructions. (c) D J Auctions shall not be responsible for accidental damage, loss or damage, howsoever caused unless directly caused by negligence of their employees. (d) In respect of any article delivered to D J Auctions, if the vendor has in force a policy or policies of insurance in which that article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurer, and himself note, D J Auctions" interest as bailees in such policy or policies. 12 Reserves. (a) All goods are put up for sale WITHOUT RESERVE at the auctioneer"s discretion, unless written instructions as to reserves are received by D J Auctions prior to the commencement of the sale. (b) In the event of any reserve price not being reached at the auction, D J Auctions are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on D J Auctions premises. In the event of such sale by private treaty, the Conditions of Sale applicable to the buyer, governing the auction, will apply. 13 Indemnity. The vendor shall duly indemnify D J Auctions against any claim in connection with any goods sold by D J Auctions on the vendor"s behalf. 14 The Vendor authorises the auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the auctioneer"s right to retain any premium payable by the purchaser. 15 Rights to Photographs and Illustrations. The Vendor gives D J Auctions full and absolute right to photograph and illustrate any lot placed in its hands for sale, and to use such photographs and illustrations and any photographs provided by the Vendor at any time at it"s absolute discretion (whether or not in connection with the auction) BUYER'S CONDITIONS. 16 Inspection. Each buyer, by making a bid for a lot, acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of, and description for the lot, including but not restricted to whether the lot is damaged, or has been repaired, or has been restored. 17 Property and Risk. Legal title will not pass to the buyer until the lot(s) has been paid in full and the Auctioneers shall be entitled to a lien on any lot until the purchase price (as defined in 20 below) is paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith shall give his full name(s) and permanent address, and if called upon to do so by the Auctioneer, shall forthwith pay to D J Auctions such proportion of the purchase price the Auctioneer may require. If the buyer fails to do so, the lot may, at the Auctioneer"s sole discretion, be put up again and resold. 18 Every bidder shall be deemed to act as principal, unless there is in force a written acknowledgement by D J Auctions that he act as agent on behalf of a named principal. 19 Removal of Goods (a) No purchase shall be claimed or removed until it has been paid for and the sale has been conducted. All purchases shall be paid for and removed at the buyers risk and expense on the day failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of 50p per lot per day. If they are not paid for and removed on the day of sale the Auctioneer may resell by Auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer for the lot. (b) In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller of the Auctioneers from the defaulter shall include any loss arising on any resale of the lot, together with interest at 2% above Bank of England base rate upon the price of any lot which has not been paid for within 48hrs of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidders own cheque. Cheques drawn by third parties, whether in the Auctioneers favour or requiring endorsement, cannot be accepted. Credit card transactions will incur a 2% charge. 20 Purchase Price. The purchasers shall pay the hammer price together with a premium of 15% of the hammer price (no VAT charged). The premium at the appropriate rate is payable by all the purchasers. The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneers right to retain the premium by the purchasers. IMPORTANT NOTES FOR BUYERS. BIDS We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Commissions Departments AT LEAST AN HOUR BEFORE the sale commences, and should be entered on the forms provided. Bids left by telephone will be accepted only on the condition that they are at the sender"s risk, and must in any case be confirmed in writing. ONLINE BIDDING D.J. Auctions LTD offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with D.J. Auctions LTD you: 1 authorise D.J. Auctions LTD, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and 2 confirm that you are authorised to provide these credit card details to D.J. Auctions LTD through www.the-saleroom.com and agree that D.J. Auctions LTD are entitled to ship the goods to the card holders name and card holders address provided in fulfilment of the sale. Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price EXPORT LICENCES. An Export Licence is required for certain items leaving the United Kingdom. The obtaining of a relevant Licence is the responsibility of the Buyer.

Local Taxes Apply