Conditions of Sale

1. Bids

All bids are treated as offers made subject to these Conditions of Sale. By registering for, bidding in or otherwise participating in an auction conducted by Great Central Railwayana Limited, bidders acknowledge that they have read and accepted these Conditions.

2. The Buyer

The Buyer shall be the person who places the highest bid accepted by the Auctioneer at the conclusion of bidding on the lot.

In the event of a dispute concerning the highest bid during or immediately following the sale of a lot, the Auctioneer may, at their discretion, offer the lot for sale again.

3. Auctioneer’s Discretion

The Auctioneer has sole discretion to:

a) refuse any bid;

b) determine the amount by which bidding is advanced;

c) determine whether a dispute has arisen in relation to bidding and, where appropriate, reoffer the lot for sale;

d) withdraw, divide or combine any lot or lots; and

e) refuse or restrict any person’s participation in an auction.

4. Reserves and Seller’s Right to Bid

Lots offered for sale may be subject to a reserve price set by the Seller.

The Auctioneer may bid on behalf of the Seller up to, but not exceeding, the reserve price.

The Seller may not personally bid on their own lots. Neither the Auctioneer nor any person employed in conducting the sale may bid personally for any lot.

5. Buyer’s Duties

The Buyer shall pay the full purchase price together with the applicable Buyer’s Premium, VAT and any other applicable charges.

Payment must be made using a payment method accepted by Great Central Railwayana Limited.

Subject to Condition 6, the Buyer is also responsible for arranging the prompt collection or delivery of all lots purchased.

6. Storage and Delivery of Lots

At the Buyer’s request, Great Central Railwayana Limited may store larger purchased items at its premises for up to one month at the Buyer’s risk. Collection must be made by prior arrangement.

Delivery to many areas can also be arranged at additional cost.

Lots remaining in the possession of Great Central Railwayana Limited after one month may be subject to storage charges. Where suitable collection or delivery arrangements have not been made within three months, Great Central Railwayana Limited reserves the right to resell the items without further consultation, whether or not they have previously been paid for.

Items that remain unpaid for, or for which no collection or delivery arrangements have been made, may be subject to the following storage charges:

• Items under 12 inches in length or weighing less than 2lb: £1 per week or part thereof

• Items under 30 inches in length or weighing less than 10lb: £2.50 per week or part thereof

• Larger, heavier or bulky items: £5 per week or part thereof

All storage charges are subject to VAT at the prevailing rate.

7. Commission Bids

Great Central Railwayana Limited will execute commission bids free of charge.

Commission bids will be executed as economically as possible, taking into account any reserve price and competing bids.

While every reasonable effort will be made to execute commission bids correctly, the Auctioneer accepts no responsibility for any failure, error or omission in the execution of a commission bid, subject to any liability which cannot lawfully be excluded.

8. Condition of Lots

Subject to Condition 11 and to any statutory rights which cannot lawfully be excluded, lots are offered for sale with all faults and imperfections.

Neither the Seller nor the Auctioneer gives or is authorised to give any warranty in respect of a lot other than the Seller’s right to sell it.

Any warranties or conditions relating to the description, condition or quality of a lot are excluded to the extent permitted by law.

9. Inspection of Lots

Where viewing or inspection is available, Buyers are encouraged to satisfy themselves as to the condition and nature of a lot before bidding.

By placing a bid, the Buyer acknowledges that they have considered the information made available concerning the lot, including its description, photographs and any available condition information.

This may include, but is not limited to, evidence of damage, restoration, alteration or repair.

10. Catalogue Descriptions

Great Central Railwayana Limited takes reasonable care in preparing catalogue descriptions and providing information relating to the rarity, provenance, origin and condition of lots, based upon the information available at the time the catalogue is prepared.

Certain aspects of a description necessarily represent matters of opinion rather than statements of fact.

Subject to Condition 11 and any statutory rights which cannot lawfully be excluded, neither the Seller nor the Auctioneer accepts responsibility for errors or omissions in catalogue descriptions.

Any questions or concerns regarding a lot or its catalogue description should be raised with the Auctioneer at least seven days before the auction, wherever possible, to allow sufficient time for the matter to be investigated.

11. Forgeries

Notwithstanding Conditions 8, 9 and 10, if the Buyer provides written notice to the Auctioneer within seven days of the sale stating that, in the Buyer’s opinion, a purchased lot is a forgery, the matter will be considered by the Auctioneer.

The lot must be returned to Great Central Railwayana Limited at its business premises in the same condition as at the time of purchase.

The Buyer must provide reasonable evidence in support of their assertion. If, having considered the evidence, the Auctioneer determines that the lot is a forgery, the sale of that lot will be rescinded and the purchase price repaid to the Buyer.

12. Property in Lots and Risk

Ownership of a purchased lot will not pass to the Buyer until the full purchase price and all applicable charges have been paid.

Until payment has been made in full, Great Central Railwayana Limited shall retain a lien over the lot.

13. Default by the Buyer

If a Buyer fails to pay for or remove a purchased lot, or otherwise materially fails to comply with these Conditions, the Auctioneer may:

a) resell the lot by auction or by other means without further notice to the Buyer. If the resale results in a shortfall after the Auctioneer’s reasonable costs and expenses have been deducted, the Buyer may be responsible for that shortfall. Any net surplus shall belong to the Seller; or

b) store the lot at Great Central Railwayana Limited’s premises or elsewhere and release it to the Buyer only following payment in full of the purchase price together with all reasonable storage, handling and removal expenses incurred.

14. VAT-Registered Vendors

Vendors offering goods for sale that form part of the assets of a VAT-registered business must inform Great Central Railwayana Limited of their VAT status and provide their VAT registration number where applicable.

15. Buyer’s Premium

All bids are accepted on the understanding that a 15% Buyer’s Premium will be added to the hammer price.

The Buyer’s Premium is subject to VAT at the prevailing rate.

Bidders are responsible for ensuring that bids submitted represent the hammer price they intend to bid and do not inadvertently include the Buyer’s Premium.

16. Online Bidding

Bids placed through Easy Live Auction may be subject to an additional online bidding charge.

Where the percentage-fee registration option is selected, Easy Live Auction currently charges 3% + VAT on the hammer price of successfully purchased lots, in addition to Great Central Railwayana Limited’s Buyer’s Premium of 15% + VAT.

Where Easy Live Auction’s £3 flat-fee option is selected, the additional percentage-based online bidding charge does not apply.

Bidders should check the applicable Easy Live Auction charges and registration option before bidding.

17. Payment to Vendors

The Auctioneer reserves the right, where reasonably necessary, to delay payment to a Vendor pending receipt and clearance of funds relating to the relevant transaction.

18. Liability

Any person attending Great Central Railwayana Limited’s premises does so subject to the reasonable rules and requirements applicable to those premises.

To the extent permitted by law, Great Central Railwayana Limited shall not be liable for losses arising from the cancellation or postponement of an auction or for loss, damage, accident or injury occurring in connection with attendance at its premises.

Nothing in these Conditions excludes or limits any liability which cannot lawfully be excluded or limited.