8.10
The Buyer acknowledges and agrees that no liability shall attach to the Auctioneer either in contract or in tort for loss of injury or damage legal or otherwise sustained by
the Seller, any bidder, the Buyer or any other person by reason of any defect in any Lot sold, latent or otherwise, or any defect or danger of the premises where the
Auction is held.
8.11
The Buyer agrees that the General Conditions and the exclusions which they contain are fair and reasonable bearing in mind that:-
8.11.1
the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of
the Lots any right, title or interest which is sold under the terms of these General Conditions, their fitness and suitability for any particular or any purpose, the
possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination
and the possibility that the Buyer may not acquire title and the fact that the Buyer would have no remedy under this Agreement should that happen;
8.11.2
the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into account amongst
other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these General Conditions would be
recognised as being fully effective by the Courts and the Seller making it clear that it would not have agreed to sell any Lot on any other basis except for a higher
consideration;
8.11.3
the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.
8.12
Limitation of Liability -
the buyer's attention is particularly drawn to this condition
8.13
The following provisions set out the entire liability of Seller and the Company (including any liability for the acts or omissions of their respective employees, agents and
sub-contractors) to the Buyer in respect of:
1.1.
(a) any breach of these Conditions of Sale;
1.2.
(b) any use made by the Buyer of any Lot (being any item) which forms part of any Sale; and
1.3.
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with these Conditions of Sale.
8.14
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions of Sale.
8.15
Nothing in these Conditions of Sale excludes or limits the liability of Company and the Seller:
1.4.
(a) for death or personal injury caused by (as the case may be) the Company’s or the Seller's negligence;
1.5.
(b) for any matter which it would be unlawful for the Company or the Seller to exclude or attempt to exclude its liability; or
1.6.
(c) for fraud or fraudulent misrepresentation by (as the case may be) the Company or the Seller.
8.16
Company shall accept liability to the Buyer in respect of damage to the tangible property of the Buyer resulting from the negligence of Company or its agents or
sub contractors up to a maximum amount of [INSERT] or each event or series of connected events.
8.17
The Buyer's attention is in particular drawn to the provisions of conditions 8.18 to 8.19.
8.18
Subject to conditions 8.13 – 8.15 (inclusive):
1.7.
(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with
the performance or contemplated performance of these Conditions of Sale shall be limited to the aggregate amount of the price paid for the Lot or if no price has
been paid then the higher of the market value or reserve price for the Lot; and
1.8.
(b) the Company shall not be liable to the Buyer for any (i) pure economic loss, (ii) loss of profit, (iii) anticipated savings, (iv) loss of business (v) depletion of goodwill or (vi)
similar loss in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or
in connection with these Conditions of Sale.
8.19
Subject to conditions 8.13 – 8.15 (inclusive):
1.9.
(a) the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of these Conditions of Sale shall be limited to the aggregate amount of the price paid for the Lot or if no price has been
paid then the higher of the market value or reserve price for the Lot; and
1.10. (b) the Seller shall not be liable to the Buyer for any (i) pure economic loss, (ii) loss of profit, (iii) anticipated savings, (iv) loss of business (v) depletion of goodwill or (vi)
similar loss in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or
in connection with these Conditions of Sale.
8.20
The Buyer acknowledges that the limitations of liability in these Conditions of Sale and in particular this clause 8 are fair and reasonable given the price paid for the
services supplied by the Company and the Seller to the Buyer under these Conditions of Sale, the liability commonly accepted by businesses carrying on the same
business as the Company (including the Company’s contractors), and the availability and price of insurance available to the Company in respect of the services. If the
liability limits in this clause 8 are not sufficient for the Buyer then the Buyer should enquire if for an additional fee the Company is able to offer a higher level of
liability. Where this is agreed to by the Company then additional terms may apply as notified to the Buyer by the Company.
8.21
The Buyer acknowledges that a Sale by Auction is not a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act
1994) and the Unfair Contract Terms Act 1977 and the Buyer shall not seek to rely upon and conditions or warranties implied thereby or by any other legislation.
9
Entire agreement
The parties agree that these General Conditions, the Special Conditions and the Catalogue constitute the entire agreement between them and supersedes all previous
drafts agreements arrangements and understandings between them, whether oral or written.
10
Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with
these General Conditions or its subject matter or formation (including non-contractual disputes or claim).