Sales catalogue: Fuller, Horsey, Sons & Casell

Date:: 28 November 1919

Reference:: WA/HMM/CM/Sal/24/368

Catalogue details

Licence: Public Domain Mark

Credit: Sales catalogue: Fuller, Horsey, Sons & Casell. Source: Wellcome Collection.

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CONDITIONS OF SALE. I, The highest bidder is to be the buyer; and if any dispute arise between the bidders, the lot in dispute is, at the Auctioneers’ discretion, either to be immediately put up again and re-sold, or the Auctioneers may decide the dispute. The Vendor reserves the right to bid by himself or his agents or to alter, vary or withdraw any lot or lots before or during the sale. No person shall retract his or her bidding. II. A purchaser, if required, is to pay immediately five shillings in the pound as a deposit and in part payment of the purchase money, and to declare his name and place of abode, in default of . which any or all of the lots he may have previously purchased may be put up again and re-sold. The deposit paid shall be held by the Auctioneers as a general deposit on the whole amount of the purchases of the buyer by whom such deposit shall be made. III. Every person whilst on the premises before, during or after the sale shall be deemed to be there at his own risk and with notice of the condition of the premises, and that the dismantlement of the plant and machinery will be, is being, or has been carried out, and no person shall have or make any claim against the Vendor or the Auctioneers or the owners of the premises where the sale takes place in respect of any injury he may sustain or accident which may happen. IV. Each purchaser to pay the whole amount of his purchase money for all lots bought by him before any lot or lots can be removed, and the whole amount due from each purchaser must be absolutely paid within six days after the day of sale (whether any lot or lots purchased are or are not cleared away), and if not paid within such time all money deposited in part payment shall be absolutely forfeited, and the Auctioneers shall be at liberty to re-sell the lot or lots or any part thereof remaining unremoved by public or private sale, without giving previous notice to the purchaser; and any deficiency which may arise on such re-sale, together with all expenses attending the same, shall be made good by the purchaser. Neither the Vendor nor the Auctioneers will be responsible for any lot or part of any lot after the fall of the hammer, from which time all lots purchased are at the entire risk of the purchaser; no lot shall be removed until after the day or final day of sale as the case may be. The acceptance by the Auctioneers of a transfer order shall not diminish or prejudice the Vendor’s or Auctioneers’ rights under these conditions of sale. Any loss, damage or deterioration of or to any lot or lots happening after the fall of the hammer shall fall on the purchaser thereof. V. The purchaser is deemed to have inspected the lots he buys. If he buys without previous inspection he does so at his own risk. Lots sold by weight are to be taken to the scales and weighed by and at the expense of the purchasers. All lots must be absolutely removed and cleared away from the premises by and at the expense of the purchaser by Wednesday, December 24th, 1919. No allowance can in any case be made, nor will the Vendor be answerable for any deficiency in quantities or measurements, when the purchaser, his agent, carrier or man employed by him has removed his lot or lots from the premises, If any lot is not cleared away within the specified time, the purchasers shall (but without prejudice to the Auctioneers’ rights under these conditions) pay as rent a sum equal to 5 per cent. per week on the purchase price of such lot. This rent shall be deemed part of the purchase money of such lot. VI. The purchasers shall be answerabie for any damage occasioned to any other lot by the removal of their respective lots, or to the premises, and to repair the same before the removal of their lots. The lots are sold with all faults and errors of description and no allowance will be made for mis-description or mis-measurement. In the event of a third party claiming the whole or any part of a lot before its removal from the premises, or if, in the Auctioneers’ opinion, the removal of any lot will endanger or damage any building, the Auctioneers may, by written notice to the purchaser of such lot delivered to him or his agent, or sent by post to his place of abode or business last known to the Auctioneers, rescind the sale of such lot. The purchaser shall then be re-paid his deposit or purchase money, but shall not have or make any other claim. VII. If any lot is not cleared away in accordance with the conditions of sale, the Auctioneers may remove the same at the expense and risk of the purchaser, who shall pay every expense attending such removal and the cost of making good all damage occasioned thereby. Any purchaser who does not remove and clear away within the specified time any lot purchased by him shall be responsible for any damage suffered by the purchaser of any other lot by reason thereof and shall keep the Auctioneers and the Vendor indemnified against all claims by such purchaser. The Auctioneers shall not be responsible to the purchaser for any damage occasioned by such removal by them and may if they think fit sell the lot so removed (although the purchase money has been paid) either by public or private sale without giving previous notice to the purchaser, and shall pay ‘to the purchaser the proceeds of the sale after deducting all costs and expenses attending the removal and of making good such damage occasioned by such removal, and of the sale and the damage suffered by the purchaser of any other lot. VIII. Where the weight or measurement of a lot is stated in the catalogue the purchaser can accept same as correct or have the lot re-weighed or re-measured. If he adopt the former alternative no claim in respect of short weight or measurement will be recognised. If he adopt the latter and the weight or measurement be found to be greater or less, the purchase price will be increased or reduced accordingly. IX. If any. dispute or difference arise about any lot, or any other subject, the same to be settled by the Auctioneers or the person appointed to deliver, whose determination shall be final and binding on all parties concerned. Lastty. On neglect or failure to comply with the above conditions or any of them, or on non- performance or non-fulfilment of all or any of them, the money deposited in part payment shall be absolutely forfeited, and the Auctioneers shall be at liberty to re-sell the lot or lots, or any part thereof remaining unremoved, by public or private sale, without giving previous notice to the purchaser; and any deficiency which may arise on such re-sale, together with all expenses attending the same, shall be made good by the defaulter or defaulters at this present sale.