1. These conditions are the only conditions on which Perthshire Auction Rooms (“the Auctioneer”) will sell goods to a purchaser (“the Buyer”) and all other conditions are hereby excluded.
(a) The Auctioneer acts only as an agent for the Vendor. The parties to the contract are the Vendor and the Buyer and any dispute will be decided between only the parties.
(b) The parties will indemnify and hold harmless the Auctioneer and its employees for any loss or damage of any kind including personal injury occasioned to or suffered by any person arising out of or in conection with the performance of the contract.
2. The Auctioneer and the Vendor hereby severally exclude liability for any accident or injury, howsoever arising, sustained by any person who may come to the auction premises for any purpose whatesoever except where such accident or injury is caused by the negligence of the Auctioneer or Vendor.
(a)Prior to bidding, intending buyers should register their interest with and obtain a bidding number from the Auctioneer
(b)The Buyer will, on the day of the sale, pay the Auctioneer in cash or otherwise, as the Auctioneer may agree, the full purchase price of each lot.
(c)It is an essential condition that all lots are removed by the Buyer from the premises at which they are sold no later than the end of working hours on the day which they are sold, or within such extension time as may be specifically agreed with the Auctioneer.
(d)If the Buyer fails to comply with any of these conditions, the Auctioneer shall re-sell or otherwise dispose of the lot or lots sold to the Buyer in such way as the Auctioneer alone shall decide. Any sum paid by the Buyer shall be forfeit and the Buyer shall be responsible to the Vendor for all loss and for any expense incurred on any re-sale or other disposal of the lot or lots.
(e)Alternatively to store the lot or lots at the Auctioneer’s premises or elsewhere and the Buyer shall be responsible for (in addition to the purchase price) all reasonable storage and removal expenses incurred, along with interest on the outstanding amount.
3. The Auctioneer may at the request of a buyer bid on behalf of that buyer. Such a bid shall be referred to as a “commission bid”. Any buyer wishing to use this facility must complete a “commission bid form”. Where a commission bid is accepted by the Auctioneer the Auctioneer shall have no responsibility whatesoever to the buyer in respect of the condition, authenticity or description of the goods, or any failure by the Auctioneer to bid on the buyer’s behalf or to secure the goods in question.
4. Although the Auctioneer has used its best endeavours to ensure that the description of each lot is accurate, the Buyer relies upon such descriptions at his own risk and is advised to inspect any lot he intends to bid on to verify the accuracy of any description.
(a)The Auctioneer on its own behalf and on behalf of the Vendor hereby excludes all liability for any loss, damage or injury sustained by the Buyer as a result of or in connection with any defect in any lot purchased, any misdescription in any catalogue, any failure in the lot to fulfil any intended use or any damage or loss occuring prior to the lot being removed from the sale premises but after passing the risk as in Para 9(a)
(b) The Auctioneer does not warrant the Vendor’s title to any lot other than the Vendor has the right to sell the lot in question.

5. The Buyer will by bidding for any lot be deemed to
(a)be satisfied as to its authenticity and condition
(b)purchase with all (if any) defects with no right to reject the goods after purchase because of any defect or failure in description or condition.
6. The Auctioneer may at its discretion or on the instructions of the Vendor
(a)alter or withdraw any lot up until the fall of the hammer
(b)withdraw any lot if the highest bid fails to reach any reserve price on the lot
(c)where any two or more lots are similar in quantity and description offer the second or subsequent lots to the purchaser of the first at the same price.
7. The Auctioneer shall advance the bidding in such manner as it may think fit, and may, without any reason, refuse any bid or may bid on behalf of any third party.
8. Subject to any reserve price each lot shall be sold to the highest bidder and if any dispute arises it shall be dealt with in such a way as the Auctioneer may in its absolute discretion determine.
9. The Buyer will pay the Auctioneer a premium on the hammer price at a rate of 12.5% plus VAT at the current rate.
(a)Upon the fall of the hammer, all risk passes to the Buyer (who should arrange any insurance considered necessary). The duty of the Auctioneer and/or the Vendor to deliver any lot shall be deemed to have been fulfilled when the hammer falls even if any part thereof is subsequently damaged or lost.
(b)Property in each lot shall pass to the Buyer when all obligations imposed on the Buyer under these Conditions have been met, it being understood that payment by cheque will not be deemed to have been made until the cheque has been honoured.
(c)The Buyer will not be permitted to remove any lot from the sale premises until all purchase monies have been paid
(d)The Buyer will only be permitted to remove lots from the sale premises with proof of purchase
(e)The entry of the Auctioneer in the roup roll will(except for manifest error or omission) be conclusive evidence of the identity of the Buyer and the price of any lot.
10. Unless a sale is notified as VAT inclusive the price at which the Buyer purchases each lot will be exclusive of VAT which will, when due, be added to the hammer price at the appropriate rate.
11. The Buyer will be responsible for all damage that it, its carriers or agents may do to the property of any third party ( and in particular to the sale premises where sold) in removing the lot(s) purchased.
12. Where any goods purchased can be used in a working environment it will be the responsibility of the Buyer to ensure that the use of such goods does not contraven the statutory provisions governing such use and by taking delivery the Buyer will free the Auctioneer and Vendor of all liability in respect of such use.