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Terms
and Conditions for Domain Sales and Transfers
Applicable
to all items submitted to Tradingmarks Ltd (hereafter referred
to as TM).
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Clause
1 |
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If any dispute
arises as to the agreed price, TM shall have absolute discretion
to determine the dispute and may put up again and resell
the lot in respect of which dispute arises.
TM has full
discretion to refuse any offer, to divide any lot, to combine
and offer lots from the sale without giving reason.
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Clause
2 |
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The
price shall be regulated by and at the absolute discretion
of TM, which shall have the right to refuse any offer or
offers should it decide.
Each
lot shall remain the property of the vendor, until paid
for in full, but shall be at the purchaser's risk when paid
for in full. Each lot shall be paid for in full before delivery
by a purchaser in sterling within 7 days of receipt of invoice,
or such longer time as shall be agreed in writing between
TM and the Purchaser (the onus of such prior arrangement
lies with the prospective purchaser).
If
any purchaser fails to pay in full within the time stated,
such lot may at any time thereafter at TM's discretion be
put up for sale by auction or sold privately. The purchaser
shall make good any difference in price, reduction in premium
and costs or resale which shall become a debt due for him
to extent that any increase price or resale does not fully
cover the amount of such debt.
Where
an agent purchases on behalf of an undisclosed client such
agent shall be personally liable for payment of the purchase
money to TM and for sale delivery of the lot to the said
client. Interest at the rate of 5% per annum over National
Westminster Bank base rate for the time being shall be payable
by the purchaser on any overdue account but TM shall have
discretion to waive payment of such interest.
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Clause
3 |
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TM
exercises all reasonable care in the description of lots and
statements as to genuineness of lots, but, subject tot he
provisions of these Terms, Conditions and Notices, such descriptions
and statements are not intended, nor are they to be taken
as, statements of representations of fact but merely statements
of the opinion of TM given in good faith. Provided however
that TM will warrant the description and genuineness of the
lots comprising three or fewer items on the undermentioned
terms and conditions.
- Each
lot is sold as genuine unless otherwise described.
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No
lot shall be rejected if subsequent to the sale, it has
been marked or treated by any process whatsoever unless
TM's permission to subject the lot to such marking or
treatment has been obtained in writing.
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Once
the lot has been transferred into the purchaser's name
(or on behalf of an agent acting for their client), TM
can accept no responsibility for any future transfer of
the lot and its certificate of ownership.
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Clause
4 |
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TM
sales and purchases will be charged at the prevailing rate,
set at 5% of the final price, and a one-off administration
charge of £25.00 for each lot (all prices shown are exclusive
of VAT).
Final
settlemet notification to the seller is sent one month after
the last date of the auction with a cheque for the sale amount
agreed, with charges as above, deducted from the sale proceeds.
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Clause
5 |
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By
making an offer price the purchaser acting in the sale, acknowledges
and accepts these Terms, Conditions and Notices and any special
terms stated by TM to apply to any lot.
TM
cannot accept responsibility whenever seller withdraws an
item for sale at any time during or after the item has appeared
on TM’s web site
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Clause
6 |
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These
Terms, Conditions and Notices and any sale organised by TM shall
be governed by English law and any actual purchaser or seller
hereby submits to the jurisdiction of the English courts in
connection therewith. |
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