Selling

1.Interpretation. In these Terms the words ‘you’, ‘yours’, etc. refer to the seller and if the consignment of goods to us is made by an agent we assume that the seller has authorised the consignment and that the consignor has the seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc. refer to the auctioneers.

2.Commission. Commission is charged to sellers at the rate of 20% plus taxes on the hammer price.

3. Lotting Fee. A fee of €3 or €5 is charged per lot per intake period.

4. Removal costs. Items for sale must arrive in the saleroom by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.

5 Loss of and damage to goods. The seller must acknowledge and accept that goods are left entirely at their own risk. AHA does not accept any responsibility for loss or damage whilst in their possession. No goods will be insured whilst held by the auctioneers for sale

6. Minimum bids and our discretion. Goods will normally be offered subject to a reserve agreed between us before the sale. We may sell lots below the reserve provided we account to you for the same sale proceeds you would have received had the reserve been the hammer price. Unless you specifically withdraw the discretion, we may accept a bid of up to 10% below the formal reserve.

7. Reserves. You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods, which in our opinion would be subject to an unreasonably high reserve. A reserve once set cannot be changed except with our consent and we reserve the right to charge for the withdrawal of any lot if we are unable to agree the higher reserve with you. Where a reserve has been placed, only we may bid on your behalf and then only up to the reserve. You may in no circumstances bid personally.

8 Electrical items. These are sold “as seen” only and if bought for use must be first checked over for compliance with safety regulations by a qualified electrician. Fees collected for all electrical items will be held for a period of 5 working days following the sale to allow a period of confirmation by the buyer that the item(s) are working as sold.

9. Descriptions. Please assist us with accurate information as to the provenance etc, of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur.

10 . Unsold and withdrawn items. Unsold items must be removed from the Auction House before/upto of the “Removal Date”, given when items were accepted to be auctioned. Uncollected items will be moved to a storage facility and you will be subject to storage fees of €5.00 per lot per day until collection. If the items are not collected within 1 month of the removal date they will be disposed of as AHAlgarve see fit. We reserve the right to sell them and defray charges from any net proceeds of sale, or at your expense to consign them to the local authority for disposal.
Where, in our opinion, an item is unsalable, you must collect it from the salerooms with 7 days of being asked to do so

11. Withdrawing items – These are liable to incur a charge of 10% of the lowest estimate + lotting fees, on being withdrawn after catalogued.(Minimum fee €25.00.)

12 . Conditions of Sale. You agree that all goods will be sold on our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.

13 . Authority to deduct commission and expenses and to retain premium and interest. You authorise us to deduct commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement. You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business on the Tuesday following the auction of the sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.

14. Warehousing and storage. We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and we reserve the right to make a minimum warehousing charge of €5 per lot per day. If not removed within 1 month we reserve the right to sell them and defray charges from any net proceeds of sale, or at your expense to consign them to the local authority for disposal.

15 . Settlement. After sale settlement of the net sum due to you will take place 30 days after the sale. Notification of sales will be advised within 30 days of the sale – (Normally between 10 – 20 days after the sale closure.) You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds.
Due to financial legislation within Portugal all proceeds from sale of goods must be collected within a 12 month period from the point of sale. Failure to do so will result in the forfeit of the proceeds.