1. Every Sale and these Conditions of Sale shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts.
2. Muck2Brass acts as Agents only in respect of goods delivered for the purposes of sale. Persons instructing the Firm to sell goods are herein known as ‘Sellers’. Persons who have acquired lots offered for sale by Muck2Brass are herein known as the ‘Buyers’.
3. Muck2Brass make every reasonable effort to ensure the accuracy of advertisements, sales descriptions and other publicity but except where specifically instructed so to certify by a Seller, declare that all statements, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Buyer, against any Seller, the Auctioneers or Internet site or their employees.
4. Many Lots are of an age or nature which preclude their being in pristine condition. Some sales descriptions may make reference to damage and/or restoration; however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others.
5. Buyers should, therefore, satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description – as lots are sold in their actual state with all faults, imperfections or errors of description. If physical inspection is not possible, condition reports must be reviewed by purchasers in full before bids can be accepted.
6. Electrical/ mechanical goods are sold on the strict understanding that these are untested, without warranties or any other guarantees as to serviceability or working order.
7. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained; each estimate of cost to be assessed by Muck2Brass whose decision shall be final.
8. In making a bid, Buyers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description and condition of lots.
9. As Agents only, Muck2Brass shall not be responsible for default on the part of sellers or Buyers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of Muck2Brass, in appropriate circumstances, to enforce the Sale Contract if they see fit.
10. The Contract of Sale is made with Muck2Brass, as Agents for the Vendors and payment shall be made only to them, either directly from the Buyer or by the Auction House if the Lot has been sold at auction. Notwithstanding the foregoing, Muck2Brass shall retain a lien on all goods which shall not pass to the Buyer until full payment has been received.
11. Unless prior arrangements have been made with Muck2Brass, no Lot will be passed to the Buyer until cleared funds have been safely received.
12. Once the Buyer has agreed and contracted to purchase the Lot, whether paid for or nor, all Lots shall be and remain, in every respect, at the absolute risk of the Buyer, including those of fire, burglary, etc, and damage occasioned to Lots by the removal of other goods.
13. Once the sale has been agreed and a contract therefore entered into, Buyers shall pay for their lots immediately following the sale. Muck2Brass reserve the right to resell uncollected lots by auction or private treaty or alternatively, warehouse goods at the Buyer’s expense. In all cases, Muck2Brass may act without notice and any incidental expenses incurred will become a liability to the defaulter. Invoices not settled within 14 days of the sale will be subject to interest charged at Bank of England base rate plus 6% and storage charges of 2% per week of the price of the Lot or £50 whichever is greater.
14. Notwithstanding any other terms in these Conditions of Sale, if within seven days if a Sale, a Buyer gives notice in writing to Muck2Brass, that in his/her opinion a particular lot (this shall not apply to books or similar printed matter) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns lots to Muck2Brass in the same condition as it was at the time of Sale – and by producing evidence, the burden of proof to be upon the Purchaser- satisfies Muck2Brass that the lot is a deliberate forgery, then Muck2Brass are authorised to do so and will rescind the transaction and refund the purchase price received by them. This benefit is not assignable. In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the sales description and at the date of the Sale had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description at the time of the Sale was in accordance with the general opinion of experts or fairly indicated there to be a conflict of opinion. Muck2Brass reserves the right in forming their opinion to consult and rely upon any expert or authority considered by them to by reliable.
15. Muck2Brass reserves the right to ask for evidence of identity before clients complete transactions.
16. Client Money: Client’s money is defined as any monies received and held by a firm that does not solely belong to it, such as sale proceeds and deposits, auction sale proceeds etc. Muck2Brass closely follows RICS Regulations on protecting clients’ monies and operates a designated client bank account specifically for the depositing of client monies. The current client accounts are maintained at Metrobank in Fulham and are not interest bearing.