Terms and Conditions for Auction
CONDITIONS OF SALE
SCOPE AND DEFINITIONS

SCOPE

  1. These Conditions of Sale set out the arrangements for the conduct of sales by auction by THE MAGELLAN CENTRE and the terms of the two contracts made in relation to a Lot on the fall of the hammer, namely a contract between the Seller and the Buyer and a contract between THE MAGELLAN CENTRE and the Buyer.
Definitions
  1. In these Conditions of Sale:
  1. “THE MAGELLAN CENTRE” shall mean TCEFA Limited trading as The Magellan Centre;
  2. “the Auctioneer” shall mean the representative of THE MAGELLAN CENTRE who is conducting the sale;
  3. “the Seller” shall mean the person who consigned the Lot for sale by THE MAGELLAN CENTRE as that person’s agent;
  4. “the Buyer” shall mean the person to whom the Auctioneer knocks down the Lot; and
  5. “the Lot” shall mean the chattel or chattels i.e. the subject of the sale identified in the catalogue as a single lot;
  6. “the Contract of Sale” shall mean the contract for the sale of a Lot made between the Seller, acting by THE MAGELLAN CENTRE acting as the Seller’s agent, and the Buyer, on and under Conditions 13 to 22;
  7. “the MAGELLAN Contract” shall mean the contract made between THE MAGELLAN CENTRE as principal and the Buyer on and under Conditions 23 to 42;
  8. “the Hammer Price” shall mean the price at which the Lot is knocked down by the Auctioneer;
  9. “the Buyer’s Premium” shall mean a sum reflecting 20% of the Hammer Price plus applicable taxes;
  10. “the Reserve” shall mean the confidential minimum price below which a Lot will not be sold;
  11. “a Forgery” shall mean an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the auction would have a value materially less than it would have been if the Lot was not an imitation and which is not stated to be an imitation in the catalogue description, PROVIDED THAT a Lot will not be a forgery by reason only of any damage to and/or restoration and/or modification (including re- or over-painting) of it where such damages, restoration and/or modification does not substantially affect the identity of the Lot as conforming to the catalogue description; and
  12. “the Warranty Period” shall mean the period of six calendar months from the date of the auction in which a Lot was bought by the Buyer.
CONDUCT OF THE SALE

SCOPE

  1. THE MAGELLAN CENTRE’s auctions will be conducted by reference to Conditions 4 to 13 in this section of the Conditions of Sale.

No Duty or Responsibility to Prospective Buyers
  1. THE MAGELLAN CENTRE does not owe or undertake or agree to any duty or responsibility to any prospective buyer in contract or in tort, whether direct, indirect, collateral, express, implied or otherwise.

Prior to Sale
  1. Prior to a sale, THE MAGELLAN CENTRE will publish a catalogue containing descriptions of all Lots in the auction and illustrations of selected Lots; expose the Lots for examination by prospective buyers at the times and places set out in the catalogue; and provide condition reports in relation to particular Lots on request.

  1. Statements made by THE MAGELLAN CENTRE in the catalogue or in condition reports or orally or in writing otherwise than in the catalogue or in condition reports are statements of opinion and not statements of fact. Such statements do not constitute a representation, warranty or assumption of liability of any sort or to any person on the part of THE MAGELLAN CENTRE.
  1. Prospective buyers will be required to complete and sign a registration form and provide identification before bidding. They may be required to provide bank or other financial references.

Sale
  1. THE MAGELLAN CENTRE’s auctions will be conducted, in all respects, at THE MAGELLAN CENTRE’s sole discretion, which shall extend, by way of examples, to the following matters, namely the date, place and manner of the auction; the decision as to which persons should be admitted or refused admission to the auction; the decision as to which persons’ bids should be accepted; and all other matters.

  1. The Auctioneer has the right, at his sole and absolute discretion, to refuse any bid, to advance the bidding in such a manner as he may decide, to withdraw or divide any Lot, to combine any two or more Lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to re-offer and re- sell the Lot in dispute.
  1. THE MAGELLAN CENTRE will endeavour to provide facilities for receiving and executing written absentee “commission” bids and enabling absentee bidders to bid by telephone or over the internet. However, these are free services provided for the assistance of prospective buyers and THE MAGELLAN CENTRE assumes no liability for any failure of any such facilities for any reason or any errors or omissions in connection with them.

  1. THE MAGELLAN CENTRE may provide video or digital screens and/or currency converters. If so, these are provided for the assistance of prospective buyers and THE MAGELLAN CENTRE assumes no liability for any failure of any such facilities for any reason or any errors or omissions in connection with them.
  1. Save as otherwise stated or indicated in the catalogue, Lots will be sold subject to a Reserve, which will not exceed the lower estimate. The Auctioneer may open the bidding on any Lot below the Reserve by placing a bid on behalf of the Seller and may continue to bid on behalf of the Seller up to the Reserve, either by placing consecutive bids or by placing bids in response to other bidders.

CONDITIONS AS BETWEEN THE SELLER AND THE BUYER: THE CONTRACT OF SALE

SCOPE

  1. The terms of the Contract of Sale are set out in Conditions 14 to 22 in this section of the Conditions of Sale and Conditions 43 to 47 in the section of the Conditions of Sale headed “General”.

Capacity of THE MAGELLAN CENTRE
  1. THE MAGELLAN CENTRE’s sole capacity in relation to the Contract of Sale is that of the Seller’s agent.

No Warranty
  1. The Lot is sold as it stands. The Seller does not make or give to the Buyer or agree to make or give to the Buyer any contractual promise, undertaking, obligation, guarantee, warranty or representation of fact or assume any duty of care in relation to any description of the Lot or any estimate in relation to it nor or the accuracy or completeness of any description or estimate which may have been made by or on behalf of the Seller, including by THE MAGELLAN CENTRE. No such description or estimate is incorporated into the Contract of Sale or may be relied upon by the Buyer. For the avoidance of doubt, any contractual promise, undertaking, obligation, guarantee, warranty or representation of fact which might otherwise be implied by law, whether by statute or under the common law, is hereby excluded to the fullest extent permitted by law.

Risk
  1. Risk in the Lot passes from the Seller to the Buyer on the fall of the hammer.

Title
  1. Title to the Lot remains with and is retained by the Seller until the Buyer has paid to THE MAGELLAN CENTRE and THE MAGELLAN CENTRE has received in cleared funds the Hammer Price and the Buyer’s Premium and any applicable taxes in respect of the Lot.

Payment
  1. The Buyer will pay to THE MAGELLAN CENTRE in cleared funds the Hammer Price and the Buyer’s Premium and any applicable taxes in respect of the Lot by 4 p.m. on the second working day after the sale, time being of the essence.


Collection and Removal

  1. The Buyer will, at the Buyer’s own expense and having complied in full with the Buyer’s obligations under the preceding Condition, collect and remove the Lot from THE MAGELLAN CENTRE’s premises or the premises where the Lot is stored following the sale by 4 p.m. on the fourth working day after the sale, time being of the essence. The Buyer will have the sole responsibility for handling, packing, moving and transporting the Lot while it is still on THE MAGELLAN CENTRE’s premises or the premises where the Lot is stored following the sale.
Remedies

  1. In the event that the Buyer fails to comply in full with the Buyer’s obligations under the Condition 18 by the time for compliance there stipulated, the Seller shall be entitled in the Seller’s sole discretion to exercise one or more of the following remedies, without prejudice to such other remedies, if any, as may be available to the Seller at law and whether directly or through THE MAGELLAN CENTRE, namely to charge interest on the sums owing but unpaid at the rate of 8% per annum, such interest to accrue daily; to sue to enforce payment; to terminate the Contract of Sale and re-take possession of and retain the Lot; to remove and store the Lot at the Buyer’s expense; to exercise a lien over other property sold by the Seller to the Buyer at the same or any other auction and/or to terminate the contracts of sale relating to such other property; to sell the Lot, having first given seven days’ notice of the Seller’s intention to do so, and apply the proceeds of sale to the sum outstanding under the Contract of Sale.
  1. Save if and when the Contract of Sale is terminated by the Seller, the Buyer shall remain liable for all sums payable to the Seller under the Contract of Sale, including any residual balances remaining after the sale of the Lot or any other property and the application to the sums payable of the proceeds of sale and, further, shall indemnify the Seller in respect of any costs, expenses, damages, legal fees and commissions or premiums of whatever kind arising from the Buyer’s default.

Liability
  1. The Seller’s liability to the Buyer in relation to or arising from the Contract of Sale will not, under any circumstances, exceed the aggregate of the Hammer Price and Buyer’s Premium.

CONDITIONS AS BETWEEN THE MAGELLAN CENTRE AND THE BUYER: THE MAGELLAN CONTRACT

SCOPE

  1. The terms of the MAGELLAN Contract are set out in Conditions 24 to 42 in this section of the Conditions of Sale and Conditions 43 to 47 in the section of the Conditions of Sale headed “General”.

Capacity of THE MAGELLAN CENTRE
  1. THE MAGELLAN CENTRE enters into the MAGELLAN Contract as principal.

No Warranty
  1. THE MAGELLAN CENTRE does not make or give to the Buyer or agree to make or give to the Buyer any contractual promise, undertaking, obligation, guarantee, warranty or representation of fact or assume any duty of care in relation to any description of the Lot or any estimate in relation to it nor of the accuracy or completeness of any description or estimate which may have been made by THE MAGELLAN CENTRE whether or behalf of the Seller or otherwise. No such description or estimate is incorporated into the MAGELLAN Contract or may be relied upon by the Buyer. For the avoidance of doubt, any contractual promise, undertaking, obligation, guarantee, warranty or representation of fact which might otherwise by implied by law, whether by statute or under the common law, is hereby excluded to the fullest extent permitted by law.
Payment

  1. The Buyer will pay to THE MAGELLAN CENTRE in cleared funds the Hammer Price and the Buyer’s Premium and any applicable taxes in respect of the Lot by 4 p.m. on the second working day after the sale, time being of the essence.
Collection and Removal

  1. The Buyer will, at the Buyer’s own expense and having complied in full with the Buyer’s obligations under the preceding Condition, collect and remove the Lot from THE MAGELLAN CENTRE’s premises or the premises where the Lot is stored following the sale by 4 p.m. on the fourth working day after the sale, time being of the essence. The Buyer will have the sole responsibility for handling, packing, moving and transporting the Lot while it is still on THE MAGELLAN CENTRE’s premises or the premises where the Lot is stored following the sale.
  1. THE MAGELLAN CENTRE will make the Lot available for collection by the Buyer at the place at which the Lot is then stored upon the Buyer having complied in full with the Buyer’s obligations to make payment pursuant to the Contract of Sale and the MAGELLAN Contract.

Storage
  1. THE MAGELLAN CENTRE will store the Lot from the fall of the hammer as bailee for the Buyer, notwithstanding that the Lot will not become the property of the Buyer until the Buyer has complied in full with the Buyer’s obligations to make payment pursuant to the Contract of Sale. The Lot will be stored at THE MAGELLAN CENTRE’s premises until the date and time stipulated in the catalogue and will, thereafter, be moved to an off-site storage facility.

  1. In the event that the Buyer fails to collect the Lot by the time stipulated in Condition 27, THE MAGELLAN CENTRE shall be entitled to levy a handling fee of £15.00 (+VAT) per lot, as well as a storage charge of £10.00 (+VAT) per lot per day for medium to large furniture, carpets and larger works of art. For small furniture and objects a handling fee of £6.00 (+VAT) per lot as well as a storage charge of £6.00 (+VAT) per lot per day.
Lien
  1. THE MAGELLAN CENTRE will have a lien over the Lot and any other property of the Buyer pending the payment of the Buyer’s Premium, the commission payable to THE MAGELLAN CENTRE from the proceeds of sale of the Lot and any sum which may become payable under the preceding Condition.

Remedies
  1. In the event that the Buyer fails to comply in full with the Buyer’s obligations under Conditions 26 and 30 by the time for compliance there stipulated, THE MAGELLAN CENTRE shall be entitled in the THE MAGELLAN CENTRE’s sole and absolute discretion to exercise one or more of the following remedies, without prejudice to such other remedies, if any, as may be available to THE MAGELLAN CENTRE at law and without prejudice to any remedies exercised by the Seller and/or by THE MAGELLAN CENTRE on behalf of the Seller, namely to charge interest on the sums owing but unpaid at the rate of 8% per annum, such interest toaccrue daily; to sue to enforce payment; to terminate the MAGELLAN Contract and re-take possession of and retain the Lot; to remove and store the Lot at the Buyer’s expense; to exercise a lien over other property sold to the Buyer at the same or any other sale and/or to terminate contracts to which THE MAGELLAN CENTRE is a party relating to such other property; to sell the Lot, having first given seven days’ notice of the Seller’s intention to do so, and apply the proceeds of sale to the sum outstanding under the THE MAGELLAN CENTRE Contract.
Liability

  1. THE MAGELLAN CENTRE will not be liable to the Buyer in negligence, any other tort, breach of contract or statutory duty or restitution of under the Misrepresentation Act 1967 or in any other way for lack of conformity with or any inaccuracy, error, misdescription or omission in any description of the Lot or any entry or estimate or report in respect of it, made by THE MAGELLAN CENTRE or on its behalf of by or on behalf of the Seller, whether orally or in writing or by conduct or otherwise and whether made before or after this agreement or prior to or during the sale.
  1. THE MAGELLAN CENTRE accepts responsibility for the safe storage of the Lot from the fall of the hammer to the collection of the Lot by the Buyer on and subject to conditions displayed in THE MAGELLAN CENTRE’s premises from time to time. The maximum extent of THE MAGELLAN CENTRE’s liability under this Condition is limited to the Hammer Price.

  1. THE MAGELLAN CENTRE’s liability in relation to or arising from this agreement will exclude liability for any indirect or consequential loss or damage (including loss of profits).
  1. THE MAGELLAN CENTRE’s liability in relation to or arising from this agreement will not, in any event, exceed the Hammer Price.

  1. In all cases, any liability will rest with THE MAGELLAN CENTRE and not with any officer or employee or consultant of THE MAGELLAN CENTRE.
Forgeries

  1. Subject to strict compliance by the Buyer with the terms stipulated in this Condition, THE MAGELLAN CENTRE warrants for the Warranty Period that the Lot is not a Forgery. The terms are that, within the Warranty Period, the Buyer notifies THE MAGELLAN CENTRE in writing that the Lot is considered to be a Forgery and returns the Lot to THE MAGELLAN CENTRE in the same condition as it was at the time of the auction together with written evidence that the Lot is a Forgery and written authority to carry out such tests on the Lot as THE MAGELLAN CENTRE shall, in its sole discretion, consider necessary for the purpose of establishing whether or not the lot is a Forgery. The Lot shall be deemed not to be a Forgery if the catalogue description reflected the then prevailing or generally accepted expert opinion or the opinion of a single expert generally acknowledged to be a leading expert in the field or fairly indicated that there was a doubt or a conflict in relation to such opinion or if the only means by which it could be established that the Lot is a Forgery is a means not available or which THE MAGELLAN CENTRE could not reasonably be expected to have had available at the time of the auction. If THE MAGELLAN CENTRE is satisfied that the Lot is a Forgery, it will purchase the Lot from the Buyer for the aggregate sum paid by the Buyer to THE MAGELLAN CENTRE in respect of the Lot, including any expenses.
Confidentiality

  1. THE MAGELLAN CENTRE will take reasonable steps to preserve the Buyer's confidentiality in respect of this agreement and particularly the Buyer’s identity. THE MAGELLAN CENTRE’s obligations under this Condition are subject to certain exceptions, including where disclosure is required by law, regulation or an order from the court.
Data Protection

  1. THE MAGELLAN CENTRE is registered with the Information Commissioners Office Registration No. ZA161780 and holds its clients’ and third parties’ personal data in accordance with the terms of the Data Protection Act 2018. THE MAGELLAN CENTRE will use all personal information that is supplied to it by the Buyer or a third party on its behalf as data processor for the purpose of providing the services required of THE MAGELLAN CENTRE under the terms of this agreement and otherwise strictly in accordance with the terms of THE MAGELLAN CENTRE’s privacy policy set out on THE MAGELLAN CENTRE’s website.
Electronic Communications

  1. During the course of this agreement, THE MAGELLAN CENTRE and the Buyer may wish to communicate with one another electronically. The electronic transmission of information cannot be guaranteed to be secure or error-free, as it will be transmitted over a public network, and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or otherwise be adversely affected or unsafe to use.
  1. THE MAGELLAN CENTRE and the Buyer will each be responsible for the protection of their own interests in relation to electronic communications. Neither will be liable to the other on any basis, whether in contract, tort (including negligence) or otherwise, in respect of any damage or loss arising from or in connection with the electronic communication of information between them.

GENERAL
  1. No provision of this agreement is intended to be enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

  1. To the extent that any provision of this agreement may be held by any court or other competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of the agreement and the remainder, if any, of the provision in question shall be unaffected.
  1. Notice shall be given by e-mail to the e-mail address notified by the Buyer on registration and notice shall be deemed for all purposes given on the day on which any e-mail is sent by the Seller and/or THE MAGELLAN CENTRE.

  1. THE MAGELLAN CENTRE will have and to the extent necessary the Buyer grants a non- exclusive worldwide perpetual royalty-free licence to use any photograph taken or other image made of the Lot for the purposes of THE MAGELLAN CENTRE’s business, including advertising.
  1. This agreement shall be governed by English law. The Seller, the Buyer and THE MAGELLAN CENTRE each hereby irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute which may arise from or in relation to the agreement.