Terms and Conditions of Business
Bidding Online You can register to bid and place your bids online via our website at www.hoskerhaynes.com. We accept advance bidding, up to one hour before the auction commences, and live bidding in real time from your computer or mobile device.
In the Auction Room Bidding live at the auction venue will require pre-registration, please note that two forms of identification will be required and documents accepted include a passport, driving licence or proof of residential address such as a council tax or utility bill.
By telephone You can request to bid live via the telephone which needs pre booking at least 3 working days before the sale commences.
Saleroom and other platforms We currently accept bids placed via the Saleroom at www.the-saleroom.com/en-gb. Bids through all other platforms outside of hoskerhaynes.com are subject to additional costs. Please check their terms and conditions before bidding (see clause 3 below, Buyers’ Premium, Value Added Tax (VAT) and other duties).
Absentee bids can be executed by Hosker Haynes Auctioneers Limited if they have been confirmed in writing, email or using the absentee bidding form from within the catalogue, (see clause 3 below) and no charge is made for this service. Bids should be received by 18.00 GMT on the day before the auction however we will endeavour to execute all late bids, Hosker Haynes Auctioneers Limited cannot accept responsibility for any bids received on the date of the auction itself.
Lots will always be bought as cheaply as is allowed by any other bids and reserves which are on our books. In the event of identical bids, the earliest received will take precedence. Always indicate your highest bid, for example the highest amount you would bid if you were attending the auction yourself. We do not accept requests to ‘Buy’ or unlimited.
Bids can be emailed to firstname.lastname@example.org and can be scanned on a copy of the absentee bidding form or if otherwise please clearly state;
- Your name, address and contact number
- Auction Number and date of auction
- Lot Number(s)
- Short description of the lot and
- The maximum you wish to bid complying with the increments outlined in section 2 – any bids placed outside of these increments will be rounded down to the nearest step.
All bids received and placed must be made in UK sterling only and excluding buyer’s premium.
All bids are final and binding in accordance with these terms and conditions and we strongly recommend viewing any lots where possible before placing any bids. Please note any multiple lots (defined as containing two or more items), except for designated sets of coins or bank notes, are sold as viewed and are therefore not subject to return.
The pre-sale estimates indicated should only be used as a guide for potential purchasers. Any bid between the guide figures would, in our opinion, offer a fair chance of success. However, all lots, depending on the degree of competition, can realise prices either above or below the listed estimates.
A buyer’s premium of 20% will be added to the ‘hammer price’. The buyer’s premium is subject to Value Added Tax at the current rate if the lot(s) is delivered to or collected by the purchaser within
the UK. Lots marked ‘X’ are also subject to importation VAT of 5% on the ‘hammer price’ unless re-exported outside the UK.
Any bullion gold sold will be marked ‘G’ and will be exempt from VAT charges.
Methods of payment
All payments must be made in pounds sterling. Please note that we do not accept cash payments or any form of ‘blockchain’ or ‘NFT’ (non-fungible token)
Immediate settlement can be made by direct bank transfer to Hosker Haynes Auctioneers Limited account:
Account Name: Hosker Haynes Auctioneers Limited
Sort Code: 08-92-99
Account Number: 63099126
Bank Address: The Co-operative Bank, PO Box 101, 1 Balloon Street, Manchester, M60 4EP
When submitting a direct transfer, please use your invoice number as the reference on the transfer.
Other methods of payment which will enable immediate clearance of purchases include credit cards (MasterCard, Visa and American Express) and debit cards or bankers’ drafts.
If paying by cheque, please include your name, account number, auction date and make the cheque payable to Hosker Haynes Auctioneers Limited. Whilst personal and Company cheques are accepted, buyers are notified that property will not be released until such cheques have cleared.
Postal insurance will be arranged as part of the postage cost. Rates will be determined in accordance with the value and weight of the lot(s) with a minimum charge of £10 + VAT if posting within the UK.
Collection of purchases
Successful buyers can collect their lot(s) in person on the day of the auction, or their authorised representative, if Hosker Haynes Auctioneers Limited have received full cleared payment in pounds sterling for the total amount due on the invoice. Buyers who have established a credit agreement with Hosker Haynes Auctioneers Limited can take immediate possession of their lot(s).
Purchases made remotely will be dispatched via Royal Mail as soon as possible upon receipt of cleared payment in pounds sterling for the lot(s) you have bought, or an alternative courier service can be used if arranged by the buyer. Carriage will be at the buyer’s expense so please be aware that bulky lots may not be suitable for shipping.
Terms and Conditions for Buyers
1 The buyer
The buyer is taken as the highest bidder when the auctioneer knocks down the hammer. The price bid when the hammer is knocked down is the ‘hammer price’. Every bidder shall be deemed to act as principal unless a written acknowledgement by Hosker Haynes Auctioneers Limited is in place that he/she is acting as a third party on behalf of the named principal. Any buyer who is bidding on behalf of a third party does so at their own risk and is solely responsible for settlement of any winning bids.
Any dispute shall be settled at the auctioneer’s absolute discretion
Bids can be placed online, in person at the auction, via telephone or via absentee bidding and all bids received and placed will be considered final and binding and all bids will be executed in the order they are received.
Hosker Haynes Auctioneers Limited strongly recommends buyers to attend any auction on which they wish to bid. If instructed, Hosker Haynes Auctioneers Limited will, execute bids on their behalf however neither Hosker Haynes Auctioneers Limited nor its employees or agents are responsible for any neglect or default in doing so or for failing to do so.
The auctioneer shall generally open the bidding below the low estimate and advance in accordance with the bidding increments stated below. Hosker Haynes Auctioneers Limited have the right to refuse any bid which does not comply in accordance with these bidding increments, however, the auctioneer may vary, at his absolute discretion, any alternative bid increments during the course of the auction.
Up to £100 by £5
£100-£200 by £10
£200-£500 by £20
£500-£1,000 by £50
£1,000-£2,000 by £100
£2,000-£5,000 by £200
£5,000-£10,000 by £500
£10,000-£20,000 by £1000
£20,000-£50,000 by £2,000
3 Buyers’ Premium, Value Added Tax (VAT) and other duties
A buyers’ premium equivalent to 20% of the hammer price will be added to the hammer price and is payable by the buyer to Hosker Haynes Auctioneers Limited in accordance with these Terms and Conditions. In addition, the buyer’s premium is subject to Value Added Tax at the current rate if the lot(s) is delivered to or collected by the purchaser within the UK.
An additional surcharge of the hammer price will be applied to bids submitted through any online platform other than hoskerhaynes.com. Please check their individual terms of business for prevailing charges before bidding.
Lots marked ‘X’ in dark blue are subject to importation VAT of 5% on the hammer price unless exported outside of the UK once sold and any bullion gold sold will be marked ‘G’ and will be exempt from VAT charges.
Please note that VAT may be levied by EU countries on lots sold by Hosker Haynes Auctioneers Limited and subsequently imported into those countries. Hosker Haynes is unable to advise buyers on import rates and custom regulations on exporting coins from the UK. If the buyer is planning on exporting their lot(s) from the UK they are responsible for making appropriate enquiries. Please be aware that these rates can change.
Buyers who wish to hand carry their lot(s) to export them from the UK will be charged VAT at the existing rate and importation VAT (where applicable) and will not be able to claim a VAT refund.
Invoices are due to be paid in full within 14 days upon receipt by the buyer. Hosker Haynes Auctioneers Limited reserves the right to charge interest on invoices that remain unpaid after the date they are due, at the rate of 4% per calendar month, except where prior agreement has been made with regards to payment.
If bidding in person any lot(s) purchased can be collected during or at the end of the auction, so long as the buyer has paid the total amount due on the invoice in pounds sterling (unless credit terms have been agreed with Hosker Haynes Auctioneers Limited before the auction). Please note that we do not accept cash payments.
Hosker Haynes Auctioneers Limited may, at their absolute discretion, agree credit terms with the buyer before an auction under which the buyer will be entitled to take possession of lots purchased, up to an agreed amount in value, in advance. Payment of the total amount due shall then be payable at a future date, as determined by Hosker Haynes Auctioneers Limited.
Any payment received from a buyer to Hosker Haynes Auctioneers Limited may be applied towards any sums owing from that buyer, to Hosker Haynes Auctioneers Limited, on any account, without regard to any directions of the buyer, his or her agent, whether expressed or implied.
Full and final payment, for any lot(s), made to Hosker Haynes Auctioneers Limited in respect for the total amount due on the invoice, paid in pounds sterling, will enable the ownership of the lot(s) to pass to the buyer.
Purchases made remotely will be dispatched as soon as possible upon receipt of cleared payment in pounds sterling for the lot(s) bought. Postage of purchased lot(s) will not be outsourced and costs for postage, including postage insurance, will be passed to the buyer and categorised within the buyer’s invoice.
5 Responsibility and collection of lots purchased
The buyer or their agent can collect their purchased lot(s), if full, cleared payment has been received, from the auction venue up to 1 day after the close of the auction and Hosker Haynes Auctioneers Limited recommend that you make collection in person where possible. After this time, Hosker Haynes Auctioneers Limited, its employees or agents, shall not be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its possession.
If bidding has been done remotely, Hosker Haynes Auctioneers Limited staff will undertake at their discretion the packaging and handling of purchased lot(s) as a courtesy to clients if required and will be in no event liable for damage, regardless of the cause.
6 Non-payment or failure to collect
If payment for the total amount due on the invoice is not received within 21 days upon receipt of the buyer, Hosker Haynes Auctioneers Limited, as agent of the seller, shall obtain instruction from the seller on an appropriate course of action.
This may include but is not limited to: retaining any lots sold to the defaulting buyer at this or any other Hosker Haynes auction; cancelling the sale of the lot(s) or any other lots sold to the defaulting buyer, at this or any other Hosker Haynes auction; re-selling the lot and the defaulting buyer to pay any resulting deficiency in the total amount due (after deduction of any part payment and addition of re-sale cost) to Hosker Haynes Auctioneers Limited and any surplus shall belong to the seller; charging interest at a rate of 4% per calendar month on the total amount due if the total invoice remains unpaid for more than 14 days upon receipt by the buyer; ensuring a deposit is obtained before accepting any bids in any future Hosker Haynes auctions; applying any proceeds of sale which are due to the defaulting buyer towards settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in Hosker Haynes Auctioneers Limited possession for any purpose; proceeding for damages of breach of contract against the buyer.
All lots are sold with a full description and grade including any faults and imperfections. This is carried out at the discretion of Hosker Haynes Auctioneers Limited and is expressed as their subjective opinion only. Photographs and illustrations advertised in accordance with the lots are for identification only. Buyers should satisfy themselves prior to the sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot is accurately matched with its description.
Hosker Haynes Auctioneers Limited will endeavour to provide the most accurate description of each lot within the realms of their expertise. However, they, nor their employees or agents, nor the seller, are responsible for errors of description or for the genuineness or authenticity of any lot. No warranty is given by Hosker Haynes Auctioneers Limited, its employees or agents, or any seller whatsoever to any buyer in respect of any lots and any express or implied conditions or warranties are hereby excluded.
Any lot which can be proven to be a deliberate forgery, in respect that it has been made with the intention of deceiving as to ownership, origin, date, age or culture, and has been not been described as such in the catalogue may be returned by the buyer to Hosker Haynes Auctioneers Limited within 14 days of the date of the auction in the same condition in which it was sold. The lot must have, on the date of the sale, a value materially less than it would have done had it been an accurate representation of the catalogue description and be accompanied by a statement of defects. If Hosker Haynes Auctioneers Limited is satisfied that the item is a deliberate forgery, and that the buyer is able to transfer a good and marketable title to the lot(s) free from any third-party claims, the sale will be set aside and any amount paid in respect of the lot will be refunded.
Exemptions to this include if the description of the lot(s) in the catalogue was the accepted opinion of experts at the date of the sale or if it was clearly indicated that there was a conflict of opinion.
Buyers wishing to make a claim under this condition shall be remitted any amount paid in respect to the lot(s) but shall not be covered for any loss or damage suffered or any expense incurred by them or their representatives.
Terms and conditions for sellers and consignors
8 Seller warranties, guarantees and indemnities
The seller warrants to Hosker Haynes Auctioneers Limited and to the buyer, that at the time of consigning their item(s) to auction, he or she is the true owner of the lot(s) or has the authorised right to sell the lot(s) by the true owner and is guaranteed to transfer good and marketable title to the lot(s) free from any third-party claims. Title to any lot shall remain with the seller until it has been transferred to the buyer when the buyer has paid for the lot(s) in full and the payment has been cleared by the bank. The seller agrees to indemnify Hosker Haynes Auctioneers Limited, its employees and agents and the buyer against any claims, losses, liabilities and expenses of any kind incurred arising as a result from any breach of these terms and conditions on the part of the seller.
The seller is entitled to set a reserve on any lot(s) consigned by themselves prior to the auction. This may not exceed the minimum estimated figure assigned to the lot, and will be the minimum hammer price at which the lot may be treated as sold. Once the seller has placed a reserve on the lot(s) it shall not be changed without the consent of Hosker Haynes Auctioneers Limited. If, at their discretion, Hosker Haynes Auctioneers Limited sell at a ‘hammer price’ below the sellers reserve the sale proceeds to which the seller is entitled shall be the same as it would have been had the lot(s) been sold been at the reserve.
10 Seller expenses
Commission will be charged at Hosker Haynes Auctioneers Limited’s discretion and negotiated at the time the lot(s) are consigned and stated on the seller’s consignment receipt. It is payable by the vendor on the hammer price.
The seller authorises Hosker Haynes Auctioneers Limited to deduct any commission or fees payable by the seller (if applicable) from the hammer price, and acknowledges Hosker Haynes Auctioneers Limited’s right to retain the premium payable by the buyer.
11 Rescind of sale
If the buyer makes a claim to cancel the sale, before the sale proceeds have been remitted to the seller, and Hosker Haynes Auctioneers Limited is of the opinion that the claim is appropriate and justified, Hosker Haynes Auctioneers Limited is authorised to rescind the sale and refund to the buyer any amount paid to Hosker Haynes Auctioneers Limited in respect of the lot(s). The seller will then have the option to have the lot(s) returned or entered into a future Hosker Haynes Auctioneers Limited Sale.
The sale proceeds, which is the hammer price of the lot(s) minus any fees due from the seller, shall be remitted to the seller not later than 35 days after the auction date by Hosker Haynes Auctioneers Limited provided the total amount due from the buyer has been received. If credit terms have been agreed between Hosker Haynes Auctioneers Limited and the buyer, Hosker Haynes Auctioneers Limited shall remit to the seller the sale proceeds not later than 35 days after the auction unless otherwise agreed by the seller.
Hosker Haynes Auctioneers Limited will endeavour to secure payment from the buyer within 21 days after the date of the sale. If, however, the buyer fails to pay Hosker Haynes Auctioneers Limited within this time frame they will notify the seller to obtain the seller’s instructions as to the appropriate course of action. If, in Hosker Haynes Auctioneers Limited’s opinion, it is achievable, they will assist the seller to recover the total amount due from the buyer. If Hosker Haynes Auctioneers Limited are unable to obtain instructions from the seller, the seller authorises Hosker Haynes Auctioneers Limited at the seller’s expense to take such steps as to collect monies due from the buyer. If Hosker Haynes Auctioneers Limited is unable to collect the outstanding total amount due within 28 days, the lot shall be treated as unsold and the seller will have the option to have the lot(s) returned or entered into a future Hosker Haynes Auctioneers Limited Auction.
In addition, if Hosker Haynes Auctioneers Limited remits the sale proceeds to the seller, even after the buyer fails to pay the ‘total amount due’ within 21 days, the ownership of the lot shall pass to Hosker Haynes Auctioneers Limited.
13 Charges for withdrawing lots
Hosker Haynes Auctioneers Limited reserve the right to charge a fee of 15% of the lower estimate of the auction price of the lot(s) on any lot(s) withdrawn from the sale on the seller’s instruction. This will be payable together with Value Added Tax thereon if the seller is resident in the United Kingdom. Any withdrawal of lot(s) will be returned to the seller on receipt of payment of any fees due from the seller and will be returned at the seller’s expense.
14 Descriptions, photographs and illustrations
The seller gives Hosker Haynes Auctioneers Limited an absolute right to determine the description of each lot and to photograph and illustrate any lot(s) placed in its hands for sale. Hosker Haynes Auctioneers Limited reserve the right to use such photographs and illustrations, and any photographs and any illustrations provided by the seller, at any time at its absolute discretion (whether or not in relation to any specific auction).
15 Unsold lots
Where any lot fails to sell, Hosker Haynes Auctioneers Limited shall notify the seller accordingly. The seller shall make arrangements either to re-offer the lot for sale or to have the lot(s) returned.
General Terms and conditions
16 Hosker Haynes Auctioneers Limited acts solely as an agent between the buyer and seller and cannot be held responsible if either party defaults.
17 Hosker Haynes Auctioneers Limited have the right, at their discretion, to refuse admission to its premises or attendance at its auctions by any person.
18 Hosker Haynes Auctioneers Limited have the right, at their discretion, to refuse any bid, to divide any lots, to combine any two or more lots, or to withdraw any lot from the auction, without giving any reason and to put up any lot for auction again in case of dispute.
19 Any notice given by Hosker Haynes Auctioneers Limited to a seller, consignor or perspective bidder will be given at the first opportunity.
20 These terms and conditions (and all transactions and matters connected to them) shall be governed in accordance with English law. In any event of a dispute that cannot be amicably resolved between parties shall be unconditionally submitted to the jurisdiction of the courts of England and Wales.