1. The following definitions are used in these, our terms and conditions:
“Lot” – The goods/item provided by the Seller for sale by Muck2Brass on the Seller’s behalf.
“Buyer” – The purchaser of the Lot.
“Seller” – The person or other legal entity instructing Muck2Brass to sell goods/items on their behalf.
“Services” – The services provided by Muck2Brass to the Seller (subject to these terms and conditions) to procure the sale of the Lot which may include, without limitation, collecting the Lot, offering the Lot for sale at an auction house or online auction site, selling the Lot as agent for the Seller, introducing the buyer to the seller, holding the Lot until it is purchased, delivering the Lot to the Buyer and collecting the proceeds of sale.
2. Muck2Brass, at its absolute discretion, will provide such Services to the Seller as it deems necessary and reasonable in order to make every effort to ensure the sale of the Lot at the most advantageous price. However, Muck2Brass does not represent or promise that it will be able to ensure the sale of the Lot at a particular price, within a particular time frame or indeed, at all.
3. Muck2Brass acts as agent for the Seller subject to the terms set out herein and will acquire no legal title to the Lot.
4. The Seller warrants (or promises) that:
a. In all cases the Seller is the holder of legal title to the Lot or is properly authorised to sell the Lot by the holder of legal title to the Lot and is able to transfer legal title to the Lot to the Buyer free from any encumbrance or third party claim.
b. All descriptions and information provided by the Seller in respect of the Lot are true and accurate.
c. All information provided by the Seller in respect of the Seller’s identity is true and accurate.
d. Any branded items being offered for sale by the Seller are to the Seller’s knowledge authentic and genuine items.
e. In the event of a counterfeit item being submitted to us, we will be compelled to supply the Seller’s details to any investigation which may take place.
f. The Seller will comply with the terms and conditions of the auction house or Internet site on which the Lot is sold. These details can be provided by Muck2Brass.
g. The Seller must notify Muck2Brass of any defects or faults relating to the lot. Failure to do this may result in Muck2Brass offering a discount to the buyer on the agreed proposed sale price (paragraph 6).
5. The Seller will indemnify Muck2Brass, its servants and agents and the Buyer against any and all loss, damage and liability suffered or incurred by them in consequence of any breach of any warranties set out in 4 above, howsoever arising, including without limitation all costs and expenses incurred in dealing with any third party claim.
6. Muck2Brass may at its absolute discretion and without giving reasons, refuse any bid for the Lot, divide the Lot, combine the Lot with any other lot, withdraw the Lot from sale and/or offer a discount to the Buyer on the agreed sale price should a dispute arise as to the condition of the Lot and/or the accuracy of any description of the Lot. Muck2Brass cannot be held responsible for any items that become faulty or non-functional whilst in the possession of Muck2Brass or the buyer.
7. Lots unsold after the first auction period (commonly 10 days from the start of the initial listing) will be re-offered at a reduced price of 25% of the original starting price or pre auction sale price estimate and then re-listed or re-auctioned until such a time that the item is sold. Should lots remain unsold after a period of six months Muck2brass reserves the right to sell any unsold lot without reserve. Muck2brass will retain monies equivalent to the first 33% of the original low end auction estimate or £50 of this sale price, whichever is higher.
8. Where a Seller cancels instructions for the sale of any Lot, whether prior to the Lot being offered for sale or once the Lot has been offered for sale, a fee of 33% of the expected auction price as deemed by Muck2Brass shall become due and payable. Where items are stored by Muck2brass lots must be paid for and collected within seven days failing which Muck2brass has the right to charge for storage in the amount of 2% of the value of the item or £50, whichever is higher, per week until the Lot has been collected.
9. Where a client has cancelled instructions to sell a Lot, should the Lot remain unpaid for and/or uncollected for a period of sixty days, Muck2brass then has the right to auction the item at no reserve in order to recover any and all outstanding charges. Any surplus funds after the outstanding charges have been paid will be returned to the Seller as normal and will be subject to the normal commission deductions as stated in these terms and conditions.
10. If, during or after the sale of the Lot, Muck2Brass considers that a dispute has arisen or that there is any other reason for doing so, it may in its absolute discretion immediately put up the Lot again for sale or, alternatively, it shall be the sole arbiter in any dispute between two or more bidders, the Buyer and/or the Seller and its decision shall be final and binding on all concerned.
11. The highest bidder for the Lot acceptable to Muck2Brass, in its absolute discretion, shall be the Buyer.
12. The Seller agrees to enter into a contract with the Buyer for the sale of the Lot (the “Contract”). The agreed sale price of the Lot shall be the bid accepted by Muck2Brass (subject to variation in accordance with these terms and conditions). The Contract shall be subject to the terms and conditions of the relevant auction house or auction site.
13. Once a contract for the sale of the Lot has been entered into between the Seller and the Buyer, the sale cannot be cancelled without the agreement of the Buyer. Where cancellation is made a cancellation fee of 33% of the agreed sale price will be payable by the Seller to Muck2Brass. The Seller may also be liable to pay a cancellation fee to the Buyer under the Contract.
14. In consideration of its services, the seller shall pay to Muck2Brass a commission of 33% of the sale price subject to a minimum commission of £50.
15. All fees, commissions and processing costs made by the auction house or internet site where the lots are sold will be paid by Muck2Brass.
16. Muck2Brass shall be entitled to deduct commission and any other sums due from the proceeds of sale.
17. Unless otherwise stated herein, the Seller shall make payment of all sums due to Muck2Brass within 30 days of the date on which those sums became payable.
18. Muck2Brass may set off against any sums payable by it to the Seller any amounts payable to it from the Seller.
19. Muck2Brass shall remit the proceeds of the sale of the Lot, less permitted deductions, to the Seller no later than thirty days after receipt of funds from the sale, or at the end of any applicable cooling-off period, whichever is the later.
20. These terms and conditions contain all the terms agreed by the parties in relation to their subject matter and supersede any and all prior agreements, understandings or arrangements between them, whether oral or in writing in relation to such matters. Except in relation to fraudulent misrepresentation (in respect of which neither party’s liability is limited or excluded), neither party shall have any right or liability in respect of any statement, representation or promise made prior to the date of this agreement.
21. The interpretation, construction and validity of these terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts. These terms and conditions do not affect your statutory rights.