Seller Terms and Conditions

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

Introduction

Met Sab 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. The Vendor

4.1 MetSab shall act as agent of the Vendor only. Any contract for the sale of a Lot will be formed between the Vendor and the Buyer.

4.2 The Vendor warrants and represents to MetSab and the Buyer that the Vendor is the sole and true owner of the Consigned Property or is properly authorised by the sole and 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. The Vendor warrants and represents that the Vendor has revealed all pertinent information that the Vendor possesses about the items, including in relation to any repairs or alterations that may have been carried out. The Vendor shall indemnify MetSab and the Buyer against any loss and expense caused by any breach of this clause

4.3 The Vendor shall be entitled to place prior to the Auction a reserve on any Lot, being the minimum Hammer Price at which Lot may be sold. Reserves must be reasonable and MetSab may decline to offer goods which in MetSab opinion would be subject to an unreasonably high reserve (in which case goods carry the storage and insurance charges stipulated in the terms of consignment). Reserves will not be accepted on items with a lower estimate less than £300. The Auctioneer also reserves the right not to accept items which they deem to be unsuitable for Auction. Any estimate given shall be an opinion and is not an undertaking, warranty or representation of any kind and will not have any legal effect.

4.4 A reserve once set cannot be changed except with the written prior consent of MetSab.

4.5 Where a reserve has been placed only MetSab may bid on behalf of the Vendor.

4.6 The Vendor authorises MetSab to deduct commission from any sold items at the rates outlined in Schedule 2 to these terms and conditions.

4.7 MetSab will pay the Hammer Price achieved for the Lot (less the commission and applicable fees in accordance with clause 4.7 and Schedule 2), to the Vendor within 45 days of receipt of payment in cleared funds of the Total Amount Due in full by the Buyer.

3.8 The Vendor authorises MetSab in their discretion to negotiate a sale by private treaty in the case of a Lot unsold at Auction, in which case the same charges will be payable as if the Lot had been sold at Auction.

3.9 MetSab does not undertake the collection of any items but may, as the Vendor's agent, instruct a contractor on behalf of the Vendor. MetSab disclaims any liability for the actions of such contractor whose services will be subject to a contract entered into between the contractor and the Vendor.

4.10 MetSab disclaims all liability for items delivered to their saleroom without sufficient sale instructions and reserves the right to make a minimum warehousing charge as set out in Schedule 2 of these terms and conditions. Unsold items are subject to the same charges if the Vendor does not remove them within a reasonable time of notification . If not removed within three weeks MetSab reserves the right to sell the items and defray charges from any net proceeds of sale or at the Vendor's expense to consign them to the local authority for disposal.

4.11 MetSab disclaims any liability for default by the Buyer or for paying out the Vendor before receiving payment by the Buyer.

4.12 Subject to clause 4.10, MetSab holds all items on their premises and in their custody with insurance coverage against the risks of fire, burglary and water damage. For specific high-value Consigned Property defined as those items with a lower estimate of at least [INSERT AMOUNT] , an additional specific premium will be payable, the costs of which will be outlined in advance of MetSab accepting consignment. Any insurance premium payable will be for the period in whole months between delivery of the Consigned Property to MetSab’s nominated delivery location and the expected date of sale. In the event that the Consigned Property is not sold and not removed promptly from MetSab’s premises, the Vendor shall continue to be liable for the specific insurance premium. Should the payment of the premium lapse due to act or omission of the Vendor, the insurance coverage will lapse, and any claim treated on the basis of MetSab’s standard insurance. Proof of MetSab’s insurance coverage is available on request. Please email us on info@metsabauctions.com.

4.13 The right of MetSab to bid on behalf of the Vendor is expressly reserved. The Vendor acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to consignors at the time of the entry of the Lot.

4.14 The Auctioneer reserves the right to dispose of any Consigned Property that in their opinion is unsaleable. Such disposal shall only take place at least 21 days after the Vendor has been informed of the unsalability of the Consigned Property and the Vendor has not responded to requests to remove the Consigned Property or has confirmed in writing their agreement to the disposal of the item. All Consigned Property which does not comply with current legislation will not be offered at Auction and returned to the Vendor at their expense.

4.15 Any items unsold after an Auction will be reoffered in a subsequent Auction at a reduced reserve price to be agreed within seven days or through a private treaty sale. The Auctioneer may request the removal of an item if a reduced price cannot be agreed; items not removed within 14 days will be subject to a storage charge. This does not apply to items subject to a private treaty sale under Clause 4.8.

4.16 A charge as stated in Schedule 2 of these Terms and Conditions “Lot Withdrawal post commencement of auction” based on the middle estimate – plus any other charges incurred – may be levied for any Lot withdrawn by the Vendor from offer at an Auction. If the item has to be returned to the Vendor, the Vendor will be responsible for engaging a contractor to return the item to the Vendor’s own address. As the Vendor’s agent, MetSab may introduce a contractor but the services of the contractor shall be under a contract directly entered into between the contractor and the Vendor. MetSab disclaims all liability for any act or omission by any third party engaged by the Vendor to return the item to the Vendor. Such action being subject to a direct contract between the Vendor and the third party.

4.17 By submitting the item to MetSab for offer at Auction, the Vendor agrees to the Terms of Consignment and authorises MetSab to deduct the specified charges from any proceeds of sale.

5. Publicity

5.1 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.

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

6. The Auction

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

6.2 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.

6.3 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.

6.4 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.

6.5 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.

7. Default by Vendors

7.1 Fees and charges as outlined in Schedule 2 are invoiced and payable per the terms on the face of the invoice. In the event that an invoice presented to the Vendor is not settled promptly within the payment terms stated on the face of the invoice, MetSab 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 withhold the Lot or Lots to which the invoice relates from sale;

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

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

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

(e) to charge interest at a commercial rate of 8% over the bank of England base rate on the total amount due 30 days after the invoice became due for payment

7.2 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.

8. Description & Conditions

8.1 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.

8.2 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.

8.3 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.

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

9. Deliberate Forgeries

9.1  Subject to clause 13.2, 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.

9.2  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 scholars and experts as at the date of sale or (2) the Buyer personally is not able to transfer a good and marketable title to MetSab.

9.3  Any sold Lot which MetSab agrees to be Deliberate Forgery, irrespective of whether the Lot is returned to MetSab or not, MetSab will withhold the proceeds of the sale due to the Vendor, if not already disbursed to the Vendor, or will seek to recover the sums paid to the Vendor being the net proceeds of sale of the Lot plus an amount equal to the commission paid by the Vendor on the gross proceeds of the sale of the Lot plus the Buyer’s premium that was due on the Hammer Price at the time of the sale. Further, the Vendor shall be invoiced for any costs incurred in the transportation, processing, analysis and disposal of the Lot. The Vendor agrees that any sums paid to MetSab for Marketing, Insurance, and Cataloging of the Lot are not refundable.

10. Limitation of Liability

10.1 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.

10.2 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. Details of MetSab Auctions’ insurances available on request or, where required by legislation, displayed prominently within MetSab’s premises.

10.3 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.

10.4 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.

11. Warranty of Title and Availability.

11.1 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.

12. Dispute Resolution

12.1 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.

12.2 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.

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

12.3.1 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

12.3.2 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.

12.4 The specific format for the resolution of the dispute under clause 12.3 shall be left to the reasonable discretion of the parties but may include the preparation and submission of statements of fact or of position.

12.5 Until the parties have completed the steps referred to in clauses 12.2 and clause 12.3, 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@metsab.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.