Buyer Terms and Conditions

MetSab Auctions  Limited; Company Registration: 16036899; Registered Address: Bailey Suite 5, Airport House Business Centre, Purley Way, Purley, Surrey, United Kingdom, CR0 0XZ

Introduction

MetSab Auctions Limited hereinafter referred to as “MetSab” carries on business, including the conduct of Auctions, on these general conditions. This includes any business with Bidders, Buyers, Vendors, consignors, users of this website, and with all those present on the Premises prior to or in connection with an Auction (all as hereinafter defined).

MetSab acts on behalf of sellers as agent and retains the right to bid and complete a purchase through its own auctions.

Bidders, Buyers and Vendors must read these terms and conditions fully before entering into transactions with MetSab.

1. Definitions

The following defined terms are used in these Conditions:

“Auction” means any Auction conducted by MetSab, either at their premises or elsewhere (including any internet-based auctions);

"Auctioneer" means MetSab or its authorised Auctioneer, as appropriate;

“Bidder” means a bidder at an Auction, including bidders personally present at the venue

and those bidding by telephone or over the internet or otherwise;

“Buyer” means the bidder whose bid was the last bid when the Auctioneer brings down

the hammer or the time for an online auction lot and any extended bidding time ends;

“Conditions” means these terms and conditions;

“Consigned Property” means the items consigned by the Vendor to MetSab for offer at an Auction;

"Deliberate Forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described by MetSab in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;

“MetSab”, or “Company” means METSAB AUCTIONS LIMITED a company registered in England and Wales under registration number 16036899 whose registered address is at Bailey Suite, 5 Purley Way, Airport House Business Centre, Airport House, Croydon, Surrey, United Kingdom, CR0 0XZ;

"Hammer Price" means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer;

“Includes” means “includes but not limited to”, and “including” means “including but not limited to”

“Lot” means any Consigned Property accepted by MetSab for offer at Auction;

"Stated Rate" means MetSab's published rates of commission for the time being and value added tax thereon (as communicated in Schedule 2 to these terms and conditions);

"Terms of Consignment" means any stipulated terms and rates of commission on which MetSab accepts instructions from Vendors or their agents;

"Total Amount Due" means the Hammer Price in respect of the Lot sold together with any premium, commission, value added tax chargeable and any additional charges payable by a defaulting Buyer under these Conditions;

“Vendor” or “Seller” means the vendor of an item (including Consigned Property) which is

submitted to MetSab for offer for sale at an Auction;

“Website” means this website which can be found at https://www.metsab.com

“You” means any person with whom MetSab do business with, including any user of the Website.

“We” means MetSab Auctions Ltd, its employees or agents

2. Website

2.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. By accessing any part of the Website, you shall be deemed to have accepted these Conditions notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.

2.2 MetSab may revise these Conditions at any time by updating this page. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by MetSab or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.4 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without MetSab’s prior written permission.

2.5 Any rights not expressly granted in these Conditions are reserved.

3. Visitor Material and Conduct

3.1 Other than personally identifiable information, which is covered under our Privacy Policy (insert a link to it), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. MetSab shall have no obligations with respect to such material. MetSab and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

3.2 You are prohibited from posting or transmitting to or from the Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

3.3 You may not misuse the Website (including, without limitation, by hacking).

3.4 Each registration is for a single user only. MetSab does not permit you to share your username and password with any other person nor with multiple users on a network.

3.5 Responsibility for the security of any passwords issued rests with you.

4. Publicity

4.1 Any catalogue and buyer guides are provided for information and do not form part of these Conditions. However, the catalogue and the buyer guides may contain additional terms and conditions. Within any catalogue and buyer guides, the descriptions stated shall have the meanings ascribed to them in Schedule 1 of these Conditions.

4.2 MetSab reserves the right to use any photographs, background information, and research for publicity purposes both before and after the sale.

5. The Auction

5.1 Any Auction shall be conducted at the absolute discretion of the Auctioneer.

5.2 The Auctioneer shall conduct the Auction with reasonable skill and care. For example, what constitutes a bid shall be at the absolute discretion of the Auctioneer, acting with reasonable skill and care.

5.3 The Auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such greater proportion as the Auctioneer shall in his or her absolute discretion direct.

5.4 Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his absolute discretion shall determine which bid to prefer. Subject to the foregoing, where two or more bids at the same level are simultaneously received by the Auctioneer, any bid by a Bidder personally present at an Auction shall take preference over any bid submitted by telephone or over the internet. Any bid made or attempted by telephone or over the internet shall be deemed to have been made only if received by the Auctioneer.

5.5 MetSab shall have the right, at its absolute discretion, to refuse admission to its premises, sales locations, viewing locations or attendance at (or participation in) any Auction by any person.

6. Bidders

6.1 Bidders may be required to register their particulars. Bidders attending in person may be required to satisfy MetSab's security arrangements before entering any part of the premises to view lots or to bid. Such requirements to register their particulars will comply with both MetSab’s requirements and the the requirements for any third-party platform that MetSab may use from time to time.

6.2 Bidders will be required to provide additional proof of their identity to satisfy any requirements under the Proceeds of Crime Act 2002; Terrorism Act 2000 and the money laundering, terrorist financing and transfer of funds regulations 2017 (and any subsequent or supplementary legislation). Requirements to satisfy MetSab’s obligations under this legislation shall be shared and satisfied prior to MetSab accepting the Bidder’s registration. MetSab reserves the right to refuse any Bidder’s registration in the event the Bidder refuses, or does not comply in a timely manner, any reasonable information request to enable MetSab to complete its anti-money laundering obligations. If an agent or representative is acting on behalf of the Buyer, or there is a different source of funds to the Bidder, then written evidence of their authority and to act in the capacity of the Bidder shall be required and further information obligations may be required prior to acceptance of the Bidders registration.

6.3 You accept full liability for all bids submitted via MetSab’s Website or a third-party website that is hosting a MetSab auction. For timed, online auctions, your bid is binding the moment it is placed. Should a bid be placed in error on an online timed auction you must contact MetSab immediately. MetSab reserves the right to allow you to either withdraw or amend your bid. For the avoidance of doubt all bids placed within 24hours of a timed, online auction Lot closing are considered final and binding. For bids placed in advance of live auctions (Absentee Bids), once a bid has been made by a Bidder on our Website, the bid can be lowered or increased up until 9am on the day of the auction. You must sign in to your account to change the bid, and you will receive an email confirmation for any changes made. Should a bid be placed in error on the website you must contact MetSab immediately. Failure to contact MetSab before the auction takes place will result in the bid being binding at the start of the Auction and the Bidder accepting liability for the full payment of the item if their bid is the last bid when the Auctioneer brings down the hammer.

6.4 Bidders using the live bidding facility on this Website are agreeing to the terms and conditions of sale for MetSab. Any successful bids using the live bidding facility will be subject to the usual Buyer’s Premium as stated in Schedule 2 of these terms and conditions, plus VAT.

6.5 Subject to clause 5.3, the highest Bidder at the Hammer Price shall be the Buyer. Any dispute about a bid shall be settled at the Auctioneer's absolute discretion.

6.6 Bidders are deemed to act as principals unless there is a written prior consent by MetSab that a Bidder is acting as an agent for a named principal. Such consent being subject to satisfactory compliance by the agent and named principal of MetSab requirements under clause 6.2

6.7 Bidders are strongly encouraged to attend the Auction in person. Bidders shall be responsible for any decision to bid for a particular Lot and shall be deemed to have carefully inspected and satisfied themselves as to its condition. Neither MetSab Auctions Limited nor its employees or agents shall be responsible for any consequential loss incurred by the Bidder, their employees or agents, howsoever caused due to neglect or default in doing or failing to carefully inspect the particular Lot and satisfied themselves as to its condition. MetSab

6.8 Bidders are given ample opportunities to view and inspect before any sale and prospective Buyers must satisfy themselves as to all matters pertaining to the particular Lot or Lots the Bidder in their absolute discretion may choose to bid on. Neither MSaber Arts nor its employees and agents nor the Vendor accept liability for the correctness of such opinions, and all conditions and warranties, express, implied or statutory are hereby excluded.

6.9 Bidders placing Bids through another online platform on an MetSab auction shall pay, in addition to the Hammer Price and Buyers Premium an additional premium as stated in Schedule 2 to these terms and conditions

7. The Buyer

7.1 Immediately after a Lot is sold, the Buyer shall:

7.1.1 give to MetSab their name and address and, if requested proof of identity, and

7.1.2 upon receipt of a written invoice pay to MetSab the Total Amount Due in the currency of the written invoice within the payment terms stated on the invoice.

7.2 MetSab may, at its absolute discretion, agree credit terms with the Buyer before an Auction under which the Buyer may be entitled to take possession of Lots up to an agreed value in advance of payment by a stipulated future date of the Total Amount Due such terms to be clearly stated on the invoice presented to the Buyer. In the event of a conflict between the terms agreed and the terms stated on the invoice, the terms on the invoice shall prevail

7.3 Neither cheques nor third party references, credit facility with other auction houses shall be acceptable as payment of a presented written invoice by MetSab unless MetSab in its absolute discretion permits payment by such method. The only acceptable methods of payments are: (1) Bank transfers to or other similar form of electronic payments which results in an immediate transfer of funds to the account as stated on the face of the invoice; and (2) Cash up to a maximum amount of £5,000

7.4 Any payments by a Buyer to MetSab may be applied by MetSab towards any sums owing from that Buyer to MetSab on any account whatever without regard to any directions of the Buyer or his agent, whether express or implied.

7.5 Buyer’s fees and premiums will be charged and payable as stated in Schedule 2 of these terms and conditions (plus VAT).

8. The Purchase Price

8.1 On the first 100,000 GBP, or equivalent if the currency of the sale is not GBP, of the Hammer Price (of any individual Lot) the Buyer will pay the Hammer Price and a buyer’s premium as stated in Schedule 2 of these terms and conditions (plus VAT). The said premium is payable by buyers.

8.2 On the excess over 100,000 GBP, or equivalent if the currency of the sale is not GBP of the Hammer Price (of any individual Lot), the Buyer will pay the Hammer Price and a buyer’s premium as stated in Schedule 2 of these terms and conditions (plus VAT). The said premium shall not be negotiable and is payable by all Buyers of lots with a Hammer Price in excess of 100,000 GBP, or equivalent if the currency of the sale is not GBP. The Vendor authorises MetSab to retain beneficially the premium payable by Buyers.

8.3 Value Added Tax (VAT), where applicable, will be charged on all transactions in accordance with UK laws prevailing at the time of the sale. All bidders (and buyers?) must refer to MetSab’s VAT basis and application which are stated in Schedule 3 of these terms and conditions.

8.4 Buyers using the MetSab Website will not pay any additional commission, other than the buyer's premium. Buyers will pay an additional commission charge as stated in Schedule 2 of these Conditions if lots are successfully purchased online via the online auction platforms listed (such commission charges subject to VAT at the prevailing rate).

8.5 MetSab reserves the right to revise commission charges at any time and add or remove online auction platforms in its absolute discretion.

9. Title and Collection of Purchases

9.1 The ownership of any Lot purchased shall not pass to the relevant Buyer until they have made payment in full to MetSab of the Total Amount Due. No purchase can be claimed or removed until it has been paid for and payment has cleared.

9.2 Buyers shall at their own risk and expense take away any Lot that they have purchased and paid for not later than 5 working days following the day of the Auction after which they shall be responsible for any removal, storage and insurance charges as per Schedule 2 to these terms and conditions. Any storage and delivery costs shall be settled in advance by the Buyer prior to release of the Lot to their possession.

9.3 Buyers who intend to export the purchased lot must make their own arrangements to export in accordance with the applicable laws of the UK and the destination country.

10. Default by Buyer

10.1 MetSab act as agent for the Vendor, therefore, MetSab is not responsible for default by the Vendor or the Buyer.

10.2 If any Lot is not paid for in full and taken away in accordance with these Conditions, or if there is any other breach of these Conditions, MetSab as agent for the Vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:

(a) to proceed against the Buyer for an action for debt or damages for breach of contract;

(b) to rescind the sale of that Lot and/or any other Lots sold by MetSab to the defaulting Buyer;

(c) to re-sell the Lot by Auction or private treaty. If a lower Hammer Price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference (after crediting any part payment and adding any re-sale costs). MetSab will account to the Vendor for any surplus achieved on a re- sale, however, it shall only be required to account to the Vendor for any resulting deficiency in the event that it receives payment of such sum in full from the defaulting Buyer.

(d) to remove, store and insure the Lot at the expense of the defaulting Buyer and, in the case of storage, either at MetSab ' premises or elsewhere;

(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 2 working days after the sale;

(f) to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due;

(g) to reject or ignore bids from the defaulting Buyer at future Auctions or to impose conditions before any such bids shall be accepted;

(h) to apply any proceeds of sale of other Lots due or in future becoming due to the defaulting Buyer towards the settlement of the total amount due and to exercise a lien on any of the Buyer's property in MetSab ' possession for any purpose.

10.3 We shall, as agent for the Vendor and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these Conditions.

11. Description and Conditions

11.1 Whilst MetSab seek to describe lots accurately, it may be impractical for MetSab to carry out exhaustive due diligence on each lot. Prospective Bidders are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Bidders are welcome to make an appointment to view any lots listed on an online only auction. Prospective bidders also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the Vendor accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded.

11.2 Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. MetSab are not liable for any errors or omissions contained therein. The bidder must satisfy themselves to the condition of any given lot prior to bidding. MetSab will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.

11.3 Where the term (a/d) is used this refers to a lot being ‘as found’, it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and MetSab are not liable for the omission of this term.

11.4 Private treaty sales made on these premises under these Conditions are deemed to be sales by auction for the purposes of consumer legislation.

12. Deliberate Forgeries

12.1 Subject to clause 12.2, any representation or statement by MetSab (including in any catalogue) as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Prospective Buyers are given ample opportunities to view and inspect before any sale and prospective Buyers must satisfy themselves as to all such matters. Neither MetSab or its employees or agents nor the Vendor accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory are hereby excluded.

12.2 Any Lot which proves to be a Deliberate Forgery may be returned to MetSab by the Buyer within 21 days of the Auction provided it is in the same condition as when bought and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If MetSab is satisfied from the evidence presented that the Lot is a Deliberate Forgery MetSab shall refund the money paid by the Buyer for the Lot (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of suitably experienced and skilled individuals as at the date of sale or (2) the Buyer personally is not able to transfer a good and marketable title to MetSab.

13. Limitations of Liability

13.1 All members of the public on the premises are there at their own risk and must note the lay-out of the accommodation and security arrangements.

13.2 Any indemnity under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and MetSab declares itself to be a trustee of the benefit of every such indemnity so far as it is expressed to be for the benefit of its employees and agents.

13.3 While MetSab endeavours to ensure that the information on the Website is correct, MetSab does not warrant the accuracy and completeness of the material on the Website. MetSab may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and MetSab makes no commitment to update such material.

13.4 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, MetSab provides you with the Website on the basis that MetSab excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the Website.

14. Warranty of Title and Availability.

The Vendor warrants to the auctioneer that the Vendor is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third-party claims.

15. Dispute Resolution

15.1 Any dispute arising between the parties out of or in connection with these Terms and Conditions shall be dealt with in accordance with the provisions of this clause 15.

15.2 The dispute resolution process may be initiated at any time by either party serving a notice in writing on the other party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.

15.3 The parties shall use all reasonable endeavours to reach a negotiated resolution through the following procedures:

15.3.1 Within 7 days of service of the notice, a responsible principal of each of the parties shall meet to discuss the dispute and attempt to resolve it; and

15.3.2 if the dispute has not been resolved within 7 days of the first meeting of the party principals, then the matter shall be referred to the Managing Directors (or persons of equivalent seniority within the parties). The Managing Directors (or equivalent) shall meet within 7 days to discuss the dispute and attempt to resolve it.

15.4 The specific format for the resolution of the dispute under clause 15.3 shall be left to the reasonable discretion of the parties but may include the preparation and submission of statements of fact or of position.

15.5 Until the parties have completed the steps referred to in clauses 15.2 and clause 15.3, and have failed to resolve the dispute, neither party shall commence formal legal proceedings except that either party may at any time seek urgent interim relief from the courts.

16. General

16.1 Any notice to any Buyer, Vendor, Bidder or viewer may be given by email in which case it shall be deemed to have been received by the addressee 48 hours after sending. All notices for MetSab must be emailed to info@metsabauctions.com

16.2 No change or modification of the Terms and Conditions (including change orders) is valid unless it is in writing and signed by the Buyer and the Company.

16.3 If any part of the Terms and Conditions is held invalid, unenforceable or void by a court of competent jurisdiction, the Terms and Conditions are considered divisible as to such part, and the remainder of the Terms and Conditions are valid and binding as though such part was not included in the Terms and Conditions to the fullest extent permitted by law.

16.4 These Conditions and any disputes or claims arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.

16.5 A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.