All of the items brought or sold through Ellwood Auctions are subject to our terms and conditions:

Conditions of Sale And Business

1. The seller, promises both the auctioneer and the buyer that they are the true owner of the property and or are fully authorized to sell the property by the owner. The seller promises that they can transfer title to the property free from any third party claims.

2.  The highest bidder is the buyer. If the auction considers that a dispute has arisen, he has absolute authority to decide the dispute, or to re-offer the lot. At his sole discretion, the auctioneer may determine the advance of the bidding, refuse a bid, divide a lot, combine two or more lots or withdraw any lot without prior notice.

3. The buyer shall pay the price at which the lot is knocked down by the auctioneer (The “Hammer Price”) together with a premium of 10% of the Hammer Price, and Value Added Tax chargeable at the prevailing rate. (The “Total Sum Due”). The Auctionee also receives commission from the Buyer, and the in bidding, the buyer is assenting to the Auctioneer receiving this commission.

4.(a) The Buyer shall forthwith upon purchase, give his name and permanent or business address to the Auctioneer. He/She shall pay the Total Sum due immediately after the conclusion of the auction.  

4.(b) The buyer shall at his own expense take away any lot or lots purchased at the end of auction day. If this is not possible, then they may be liable for a storage charge for the lots.

4.(c) The Auctioneer may at his own discretion agree credit terms with a buyer and extend the time limits for collection in special cases but otherwise payment shall be deemed to have been made only after the Auctioneer has received cash, credit card payment,  or a sterling bankers draft or the buyer's cheque has been cleared.

5.(a) If the buyer fails to pay for or take away any lot or lots pursuant to clause 4 or breaches any other condition of that clause the Auctioneer as agent for the seller shall be entitled after consultation with the seller to exercise one or other of the following rights:

5.(a)(i), Rescind the sale of that or any other lots sold to the buyer who defaults and re-sell the lot or lots whereupon the defaulting buyer shall pay to the Auctioneer any shortfall between the proceeds of that sale after deduction of costs of re-sale and the total sum due. Any surplus shall belong to the seller.

5.(a)(ii), Proceed for damages for breach of contract.

5.(b) Without prejudice to the Auctioneer's rights hereunder if any lots or lots are not collected within five days or such longer period as the Auctioneer may have agreed otherwise, the Auctioneer may charge the buyer a storage charge of £1.00 per lot per day.

5.(c) Ownership of the lot purchased shall not pass to the buyer until he has paid to the Auctioneer the total sum due.

6.(a) The seller shall be entitled to place a reserve on any lot. A seller may not bid on any lot which they are selling. The Auctioneer retains the right to bid on a lot with a reserve on behalf of the seller.

6.(b) Where any lot fails to sell, the Auctioneer shall notify the seller accordingly. The seller shall make arrangements either to re-offer the lot for sale or to collect the lot. The seller will not normally incur any costs in this case, unless these have been agreed between the auctioneer and the seller in advance. 

6.(c) If such arrangements are not made within seven days of the notification the Auctioneer is empowered to sell the lot by auction or by private treaty at not less than the reserve price and to receive from the seller the normal selling commission and special expenses.

7. Any representation or statement by the Auctioneer in any catalogue, brochure or advertisement of forthcoming sales as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Every person interested should exercise and rely on his own judgment as to such matters and neither the Auctioneer nor his servants or agents are responsible for the correctness of such opinions. No warranty whatsoever is given by the Auctioneer or the seller in respect of any lot and any express or implied warranties are hereby excluded.

8.(a) Notwithstanding any other terms of these conditions, if within fourteen days of the sale the Auctioneer has received from the buyer of any lot notice in writing that in his view the lot is deliberate forgery and within fourteen days after such notification the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. "A deliberate forgery" means a lot made with intention to deceive.

8.(b) Notwithstanding any other terms of these conditions, If, on collation, any named item in this catalogue proves defective in text or illustration, the lot may be returned within 14 days of the sale with the defects stated in writing. This proviso shall not apply to defects stated in the catalogue or announced at the time of sale; nor to the absence of blanks, half titles, tissue guards or advertisements, damage in respect of bindings, stains, spotting, marginal tears or other defects not affecting completeness of text or illustration; nor to drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps or periodicals; nor to books not identified by title; nor to books sold not subject to return.

8.(b) A buyer's claim under this condition shall be limited to any amount paid to the Auctioneer for the lot and for the purpose of this condition the buyer shall be the person to whom the original invoice was made out by the Auctioneer.

9. Lots may be removed during the sale after full settlement in accordance with 4(c) hereof.

10. All goods delivered to the Auctioneer's premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at the Auctioneer's discretion and accepted by the Auctioneer subject to these conditions. By delivering the goods to the Auctioneer for inclusion in his auction each seller acknowledges that he/she accepts and agrees to all the conditions.

11. The Auctioneer is not providing insurance for damage to or the loss, theft, or destruction of any goods which he is holding. By entering items into the auction, sellers are acknowledging that the lots are covered either by their own business insurance or home contents policy. Sellers will be separately informed in writing, and their notice drawn to this clause.

12. The Auctioneer shall remit the proceeds of the sale to the seller no later than Fourteen days after the day of the auction provided that the Auctioneer has received the total sum due from the buyer. In all other cases the Auctioneer will remit the proceeds of sale to the seller within seven days of the receipt by the Auctioneer of the total sum due. The Auctioneer shall not be deemed to have received the total sum due until after any cheque delivered by the buyer has been cleared. In the event of the Auctioneer exercising his right to rescind the sale his obligation to the seller hereunder lapses.

13. In the case of the seller withdrawing instructions to the Auctioneer to sell any lot or lots, the Auctioneer may charge a fee of 5% of the Auctioneer's middle estimate of the auction price of the lot withdrawn together with Value Added Tax thereon and any expenses incurred in respect of the lot or lots.

14. These conditions shall be governed by and construed in accordance with English Law.