Dunn Bros SW Ltd - Auction Terms & Conditions

1. Introduction

These Terms & Conditions govern the contractual relationship between Dunn Bros SW Ltd (registered in England, No. 13885838) and the Purchaser, and include:

1.1. These Terms and Conditions;
1.2. The details provided in the Auction Sale Catalogue;
1.3. Any additional terms printed in the Catalogue, amended by saleroom notices or announcements by the Auctioneer.

2. Definitions

“Agreement” – These Terms and Conditions.
“After-Auction Sale” – The sale of any Lot post-auction which did not meet its Reserve Price or where the Highest Bid was not accepted on Auction day.
“Auction” – Any auction conducted by Dunn Bros SW Ltd.
“Auction Site” – Any Dunn Bros SW Ltd premises where an auction is held.
“Auctioneer” – Dunn Bros SW Ltd, including authorised staff and representatives.
“Bidder” – A person registered with the Auctioneer and assigned a Bidding Number.
“Bidding Number” – A unique number issued to a registered Bidder.
“Buyers Premium” – The percentage fee due on top of the Hammer Price, as detailed in Clause 31.
“Commission Bid” – A bid submitted in advance to be placed by the Auctioneer on a Bidder’s behalf.
“Deposit” – A payment made by the Bidder as detailed in Clause 12.
“Hammer Price” – The final accepted bid amount for a Lot.
“Lot” – Any individual item offered for sale at auction.
“Payment” – Any funds received towards a Purchaser’s account.
“Purchaser” – The highest Bidder for any Lot.
“Purchase Price” – Hammer Price plus VAT and Buyers Premium (including VAT).
“Reserve Price” – The minimum bid a Vendor will accept for a Lot.
“VAT” – Value Added Tax, as applicable.
“Vendor” – The seller of the Lot.

3. General Terms

3.1. The Bidder acknowledges that auction sites may present hazards. Entry is at the individual’s own risk. Dunn Bros SW Ltd accepts no liability for injuries, damage, or loss sustained on-site.
3.2. All Lots are sold via Reserved Onsite & Online Auction unless explicitly stated otherwise.
3.3. The Auctioneer acts solely as agent for the Vendor and accepts no responsibility for default by either party.

4. Registration

4.1. Bidders must register at least 24 hours before any Auction.
4.2. Admission to Auctions is at the Auctioneer’s sole discretion.
4.3. Unless confirmed otherwise in writing, Bidders act as principals. Agency representation must be disclosed at registration.
4.4. Bidders are responsible for all activity on their account. Third-party use is strictly prohibited.
4.5. Bidding Numbers may be revoked at any time.
4.6. By registering, Bidders consent to receive communications via SMS or email. See Privacy Policy.

5. Deposits

5.1. A refundable Deposit (starting from £1,000) may be required on registration, dependent on required credit limits.
5.2. Bidders intending to spend over £50,000 (excluding VAT and fees) must notify the Auctioneer and may be asked for a 10% projected spend deposit.
5.3. Deposits are refunded in GBP if no purchase is made and no outstanding balance remains.
5.4. Deposits may be retained to offset prior debts.
5.5. Refund timelines may vary depending on card issuers.
5.6. Non-compliance with deposit terms may result in bid refusal.

6. Bidding Process

6.1. Bidding opens no earlier than 21 days before the live Auction.
6.2. Commission Bids may be submitted online or in writing at least 24 hours before the Auction.
6.3. Commission Bids cannot be cancelled within 24 hours of the Auction.
6.4. Bidders are liable for all bids submitted on their account.
6.5. Bids are binding and irrevocable, even if placed in error.
6.6. The Auctioneer may reject bids or withdraw Lots at their discretion.
6.7. Online bidding is at the Bidder’s own risk.
6.8. The highest valid bid that meets or exceeds the Reserve becomes the winning bid.
6.9. Bids under Reserve remain binding for 48 hours post-Auction.
6.10. Accepted under-Reserve bids will be confirmed by updated invoice.
6.11. Any post-Auction negotiation must be agreed in writing.

7. After-Auction Sales

7.1. Bidders may be contacted for 14 days post-Auction about unsold Lots.
7.2. Any sale requires written acceptance from both Vendor and Bidder.
7.3. After-Auction sales are subject to the same Buyers Premium unless varied at the Auctioneer’s discretion.

8. Lot Descriptions & Conditions

8.1. All Lots are sold “as seen,” with all faults.
8.2. Descriptions are for identification and are provided by the Vendor. No warranties are implied.
8.3. No guarantees are made regarding CE marking, documentation, fitness for purpose, or legal compliance.
8.4. Purchasers are responsible for inspecting Lots and ensuring compliance with relevant laws.
8.5. Lots remain at the Purchaser’s risk from the fall of the hammer.

9. Payment Terms

9.1. Full payment is due within 7 days of the Auction.
9.2. Accepted payment methods: Bank transfer, Cash (<£5,000), Cheque, UK personal debit card (Chip & Pin).
9.3. International transfers must cover fees. Currency conversion rates are valid only on invoice date.
9.4. Third-party payments require prior written approval.
9.5. Late payments may incur interest at 4% above Bank of England base rate.

9.2A. CASH LIMIT POLICY

Cash payments are accepted up to a maximum of £5,000 per transaction. Any amount exceeding this limit must be paid by alternative approved methods such as bank transfer, cheque, or UK personal debit card. This policy is in place to comply with anti-money laundering regulations.

10. Non-Payment

10.1. Unpaid Lots after 14 days may be:

• Reconsigned and sold as unreserved

• Subject to deduction of fees from sale proceeds

• Passed to third-party auctions

• Pursued through debt recovery (fees apply at 15% + VAT)

11. Buyers Premium & VAT

11.1. Buyers Premium is charged per Lot:

• 10% on the first £3,000

• 2.5% on the balance (if applicable)

• Plus 20% VAT on the Premium.

11.2. VAT on Hammer Price:

• UK & Non-EU Bidders: 20% VAT

• EU Bidders: VAT exempt with valid export proof within 30 days

• Refunds subject to documentation

• VAT re-applied if export proof is not received.

12. Lot Collection & Storage

12.1. Lots must be collected within 3 weeks of the Auction.
12.2. Storage charges: £10 per Lot per day after 3 weeks.
12.3. Auctioneer may resell uncollected Lots.
12.4. Risk transfers on hammer fall. Ownership transfers after full payment.
12.5. The Auctioneer is not liable for delays or missing items post-sale.

13. Miscellaneous

13.1. No collusion between Bidders and Vendors is permitted.
13.2. Errors in bidder number allocation do not invalidate a purchase.
13.3. All Bids are made in GBP. Exchange rates are advisory only.

14. Contra Accounts

14.1. If the Purchaser is also a Vendor, Dunn Bros SW Ltd may offset accounts.
14.2. Contra balances may be amended and will apply to oldest debts first.

15. Legal

15.1. These Terms constitute the entire agreement.
15.2. Any variation must be in writing and agreed by both parties.
15.3. Governed by UK law. Jurisdiction: UK Courts.

16. Third-Party Bidding Platforms

16.1. Additional fees may apply when using third-party platforms (e.g. BidSpotter, iBidder).
16.2. Bidders are responsible for reviewing external platform terms.
16.3. Disputes over such fees are not grounds for non-payment.
16.4. Direct registration through Dunn Bros website is encouraged to avoid extra charges.

17. Marketing Consent

By participating, you agree to receive marketing messages from Dunn Bros SW Ltd via email and SMS. You may opt out at any time.