Music in Action Terms and Conditions of Auction
1. BEFORE THE SALE
1.1 Agent for the seller
Unless otherwise agreed, Music in Action Ltd, hereafter referred to as MIA acts as agent for the seller. The contract for sale of the property is therefore made between the Seller and the Buyer.
1.2 Definitions
For the purposes of the current Terms and Conditions, the Seller shall be defined as the owner of the Goods. It is implied that the Seller is the legitimate owner and is authorised to sell the Lot.
The Bidder is any registered person participating in the auction, and the Buyer is the successful Bidder for a particular Lot.
The Lot means the item(s) put up for sale by MIA and to which the present Terms and Conditions apply.
1.3 Catalogue descriptions
Any representation in any catalogue or otherwise as to the origin, date, age, attribution, authenticity or estimated selling price of any lot is a statement of opinion only. Such statements do not constitute a representation warranty or assumption of liability by MIA in relation to the Lot. Any prospective Buyer should satisfy themselves prior to the sale as to the reliability of the catalogue description.
The absence of mention related to prior restorations in the catalogue descriptions does not imply that the good is exempt thereof.
Photographs of any Lot provided by MIA are for indicative purposes only and are not deemed to be a precise representation of the said Lot.
The Buyer is advised to seek independent expert advice in order to be assured of the authenticity and true state of the good.
1.4 Inspection
Prior to auction, prospective purchasers are strongly advised to personally examine any property in which they are interested to satisfy themselves in relation to matters which may concern them.
1.5 Condition report
MIA may issue a Condition Report on request prior to the sale.
This Condition Report is for identification purposes only and cannot be considered as giving a precise account of the Lot’s true state. Thus, some imperfections and faults may not be accounted for in the Condition Report.
As aforementioned, and in the absence of any contractual value of the Condition report, it is the Buyer’s sole duty to inspect in person the Lot in order to be assured of its true condition and MIA shall not be responsible for assertions within the Condition Report hereto.
1.6 Electricals
All electrical items are sold as seen and MIA offers no guarantee as to the working condition of such items or their safety.
It is the Buyer’s duty to take necessary steps to be assured that the Lot is safe for normal use.
1.7 Estimates
Estimates are based on various factors inherent to the situation of the market at the time of the sale, as well as considerations such as the condition, rarity, or quality of the item etc. Estimates are only indicative and represent the opinion of MIA. Estimates provided by MIA cannot constitute a guarantee as to the value of the good. Subsequently, goods may sell at prices lower or higher than the provided estimates.
1.8 Reserves
Many Lots are offered subject to a reserve, which is the confidential minimum sale price. The reserve will never exceed the low estimate printed in the catalogue. MIA may open the bidding on any Lot below the reserve by placing a bid on behalf of the seller, and may in their discretion continue to bid up to the reserve price. This can be achieved by bidding in response to other bidders or alternatively by placing consecutive bids.
1.9 Tickets
Lots comprising tickets may be tickets that have been bought on the resale market. MIA does not vouch for the authenticity of the tickets or take any responsibility should the ticket holder not be admitted or the performance promised be cancelled. Any refunds which are made to MIA in the event of a cancellation will be onward transmitted to the Buyer - without any refund by MIA of the actual winning price paid - even if the refund made is of a smaller sum.
2. DURING THE SALE
2.1 Attendance at auction
Attending the auction in person is recommended.
MIA has the right at their absolute discretion to refuse participation in any auction, to reject any bid, and to refuse admission to the premises.
Bidders are not obliged to be present in person at the auction.
Absentee bidders shall be required to make necessary arrangements with MIA prior to the sale.
2.2 Personal bidding
Bidders attending the auction in person shall be required to collect a unique bidding paddle prior to bidding in the sale.
2.3 Commission bids
MIA will use reasonable efforts to carry out Commission bids received by them prior to the sale for the convenience of clients who are not present at the auction in person. Execution of Commission bids is a free service provided to help clients and MIA does not accept liability for any failure to execute a Commission bid or for errors and omissions in connection with it.
Commission bids shall be executed at the lowest possible price, subject to competing bids and reserves. Although MIA will endeavour to inform Buyers, it is the Buyer’s responsibility to check if they have been successful in purchasing a Lot.
In the event of multiple commission bids set at the same price, the first registered commission bid will take priority.
2.6 Bidding on behalf of someone
A Buyer may bid by proxy. In this event, proof of identity of both the Buyer and the proxy must be communicated to MIA prior to the sale. A copy of the mandate shall also be required.
2.7 Bidding on an item
Bid incrementation is at the auctioneer’s entire discretion.
2.9 Dispute resolution during the auction
Any dispute shall be settled at the auctioneer’s absolute discretion. Under no circumstances will a sale be cancelled after the fall of the hammer, except at the auctioneer’s entire discretion.
3. CONTRACT FORMATION AND EFFECTS
3.1 Contract of sale
The contract of sale is between the Buyer and the Seller.
The Buyer shall be the bidder at the highest price at the fall of the hammer. The sale is deemed complete once the auctioneer announces its completion by the fall of the hammer and the contract shall be binding thereafter between the Buyer and the Seller and MIA.
When a Buyer purchases multiple Lots, each Lot is the subject of a separate contract of sale.
3.2 Transfer of property
Property of the goods shall pass to the Buyer only once MIA has received full payment for the goods, this includes the price at the fall of the hammer as well as Buyer’s premium, relevant taxes, and costs in relation to shipping.
3.3 Transfer of risks
Purchased Lots shall be at the Buyer’s risk in all respects from the fall of the hammer, and neither MIA nor their agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise. In the case of winning tickets to an artist MIA shall bear no responsibility for any cancellation of the concert and such events shall be at the Buyer’s risk.
3.4 Cancellation of the sale
At the fall of the hammer, the contract is formed between the Buyer and MIA and is binding thereafter.
Under no circumstances can the Buyer cancel the sale.
MIA may at its entire discretion, during or after the auction, cancel the sale of the Lot or reoffer and resell the Lot if it becomes aware of any error or dispute of any nature, whether or not title has passed to the Buyer, and up to a period of 6 months after the said sale.
4. AFTER THE SALE
4.1 Payment
All purchased lots must be paid for on the day of the auction. Commission bids must be paid for no later than the day after the auction. Payment must be made by cash, debit, credit card or bank transfer. We do not accept cheques. We do not currently accept American Express.
MIA adheres strictly to current anti-money laundering regulations and reserves the right to refuse payment or cancel the sale of any lot, should suspicion or evidence of regulation infringement arise.
Cash payments shall not be receivable for amounts over €10,000, regardless of the payment being for one or multiple Lots.
Should it encounter contravention of said regulations, or is unable to bring buyers/sellers into line with said regulations through advice and support, MIA reserves the right to cancel any lot transaction and offer said lots to underbidders and where applicable will notify the relevant authority of the suspected contravention if deemed intentional.
Payments made by someone other than the registered Buyer shall not be accepted.
Title will not pass to the Buyer until MIA has received all amounts due to them in cleared funds even if the Lot has been released to the Buyer.
4.2 Remedies for non-payment
If the Buyer fails to make full payment in cleared funds within the time required as aforementioned, MIA shall be entitled to exercise any one or more of the following rights or remedies additional to such other rights or remedies available:
• To cancel the sale
• To resell the Lot on such terms by auction or otherwise entirely at MIA’s discretion. The Buyer will be liable for all costs including legal fees incurred in the sale and will remain liable for any shortfall arising upon sale.
• To offset against any sums which MIA may owe the Buyer the outstanding sums unpaid by the said Buyer
• Where the Buyer owes sums to MIA in respect of different transactions, to discretionarily apply any sum paid by the Buyer for discharge of any owed sums.
• To refuse entry to the Buyer at any future auction and/or reject any future bids by the Buyer and/or seek a deposit from the Buyer entirely in the discretion of MIA.
• To exercise a lien over the Buyer’s property in the possession of MIA as collateral for any outstanding sums owed and to exercise all the rights and remedies of a person holding security over any such property, whether by way of pledge, security interest or in any other way to the extent permitted by Law.
• To commence legal proceedings for the recovery of the total amount due together with interest, legal fees and costs.
• To take such other action as is permissible by Law and in the discretion of MIA.
4.3 Collection
Purchased Lots can be collected from the MIA office after the sale has ended or between 10am and 3pm up until close of business on the Friday following the sale. Any delay in collection must be communicated clearly to MIA in advance of the collection deadline and MIA reserves the right to impose charges thereafter at its utter discretion (see 4.7).
4.4 Storage
MIA offers a discretionary 14 days free storage on purchased and unsold Lots from the date of the sale. Thereafter Lots not collected shall incur storage charges of £5.00 per lot, per day or part thereof for smalls and pictures (defined as anything that can be handled by one person) and £10.00 per lot, per day for furniture and other larger lots. MIA shall be entitled to retain said Lots until all sums due have been paid to MIA. If any lot remains uncollected 21 days after the sale, storage charges shall thereafter be £10/£20 (smalls/larger items) per day and MIA shall, in accordance with the Law, have the right to sell the purchased Lot to recover payment of storage charges outstanding. Any balance proceeds of sale received after payment of all sums outstanding and due to MIA shall be held for the account of the Buyer.
4.5 Shipping
Any shipping costs that may arise subsequent to the sale shall be at the Buyer’s expense. Such costs may include but not limited to postage, import and export permits where required and any other licence necessary for goods to be shipped outside of the European Union.
MIA does not offer insurance for shipping. However, MIA may arrange insurance upon the Buyer’s request and at the Buyer’s expense.
MIA cannot be held responsible for any damages that may be incurred to goods prior to the fall of the hammer.
4.6 Loss or Damage
MIA does not accept liability for loss or damage occurring to Lots after the sale. MIA will use reasonable efforts when handling Lots, but shall not be responsible for any loss or damages that may occur whilst the said Lot is in any third party’s care.
4.7 Cultural Goods import and export restrictions
Cultural goods may be subject to import and export restrictions. Under EU Regulations related to the trade of cultural goods, export licences may be required for export outside of the European Union if the item’s value exceeds the EU threshold. Under UK Law, a licence may also be required for intra-EU trade.
Licenses are issued by Arts Council England and it is the Buyer’s duty to obtain them. Some countries restrict the import of specific cultural goods. For example, the United States prohibits the import of pre-Columbian monumental or architectural sculpture or murals, as well as any cultural goods in provenance from some countries subject to armed conflicts.
The Buyer must verify local legislation prior to the sale in order to be assured that import or export is possible.
4.8 Warranties
MIA does not provide the Buyer with warranties relating to any Lot, unless required by Law.
4.9 Authenticity warranty
In the event of a Lot being sold as authentic under the catalogue description and the Buyer provides evidence in the form of a written report by a recognised expert or test results that the said Lot is not authentic, MIA will refund the purchase price.
The Buyer shall give notice to MIA within 28 days from knowledge or any event giving reasons for suspecting that the item is not authentic, and within one year of the said sale. Any claim thereafter shall not be receivable. For the purposes of the present paragraph, authenticity shall be defined as the state of a Lot that is genuine and not a forgery or a copy.
5. COPYRIGHT
MIA shall own the copyright on all images, illustrations and written material produced by or for MIA relating to a Lot, including catalogue contents. Such copyright shall remain at all times the property of MIA. Neither the Buyer nor anyone else shall use the above-mentioned materials without the prior written consent of MIA.
Some Lots may be subject to copyright protection, MIA does not guarantee said Lots are free thereof.
6. DATA PROTECTION
The Buyer agrees that personal information transmitted to MIA may be disclosed exclusively for the purposes of business, or as required by Law. MIA shall not use personal information for any other purpose without the Buyer’s prior consent.
MIA never sell, lend or trade in personal data provided by any Bidder.
7. SEVERABILITY
Whenever and to the extent that any provisions of these terms would or might contravene the provision of any relevant legislation, such provision is to take effect only in so far as it may do so without contravening such legislation and the legality, validity and enforceability of any of the remaining provisions are not in any way to be affected or impaired as a result.
8. AMENDMENTS
The current Terms and Conditions may be amended, verbally or in writing, prior to the sale.
9. LAW AND JURISDICTION
The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with the Law of Jersey.
For the benefit of MIA all bidders and sellers agree that the Courts of Jersey are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship warranty relate or apply.
All parties agree that MIA shall retain the right to bring proceedings in any court other than the Courts of Jersey.