Terms and Conditions

TERMS & CONDITIONS OF SALE BUYERS ON-SITE AUCTIONS These Terms & Conditions of Sale set out the terms on which we offer the lots listed in our catalogue for sale at auction. By registering to bid and/or by bidding in person at the auction you agree to these terms, please read them carefully before you bid. The words in bold below are definitions used throughout these Terms and Conditions of Sale. auction: the auction sale where the lots are sold. auctioneer: the individual auctioneer. business day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. buyer’s premium: the charge the buyer pays us along with the hammer price (currently 24% inc VAT). condition: the physical condition of a lot. due date: has the meaning given to it in clause 6. estimate: the price range included in the catalogue or any saleroom notice within which we believe a lot may sell. Low estimate means the lower figure in the range and high estimate means the higher figure. The mid estimate is the midpoint between the two. hammer price: the amount of the highest bid the auctioneer accepts for the sale of a lot. lot: an item to be offered for sale at auction (or two or more items to be offered at auction as a group). other damages: any special, incidental, consequential or indirect damages of any kind or any such damages which fall within those meanings under law. our: Old Brewery Auctions Limited and/or we/us. purchase price: has the meaning given to it in clause 6. provenance: the ownership history of a lot. reserve: the amount below which we will not sell a lot. saleroom: the premises where the auction is held. saleroom notice: a written notice posted next to the lot in the saleroom and on our website www.oldbreweryauctions.co.uk, which is also read to [prospective telephone bidders] or an announcement made by the auctioneer either at the beginning of the sale, or before a particular lot is auctioned. VAT: Value Added Tax which is paid in addition to the purchase price and the buyer’s premium warranty: a statement or representation in which the person making it guarantees that the facts set out in it are true, accurate and correct. 1. BEFORE THE AUCTION 1.1 LOTS (a) Our description of any lot in the catalogue, and any other statement made by us (whether orally or in writing) about any lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are solely our opinion and not to be relied upon as a statement of fact. All dimensions and weights given in our descriptions are approximate only and should not be relied upon. 1.2 OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS We do not provide any guarantees or warranties in relation to the nature, provenance, authenticity or condition of a lot. 1.3 CONDITION (a) The condition of lots sold in our auctions can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. The nature of the lots means that they will rarely be in perfect or as new condition. Lots are sold as seen, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by us or by the seller. (b) Any reference to condition in a catalogue entry will not amount to a full description of condition, and images may not show a lot clearly. A Lot may look different in print or on screen to how they look on physical inspection. 1.4 INSPECTION (a) If you are planning to bid on a lot, you should inspect it personally or arrange for a suitably qualified representative to inspect on your behalf prior to the auction and before you make a bid to make sure that you accept the description and the condition of the lot. If in doubt as to the condition of a lot we recommend that you take advice from a restorer or other appropriate specialist prior to bidding. (b) Pre-auction viewings are open to the public free of charge. We may be available to answer questions at pre-auction viewings or by appointment. 1.5 ESTIMATES Estimates are just that, they are based on the condition, rarity, quality and provenance of the lots and on prices recently paid at auction for similar items. Estimates can change or vary. Neither you, nor anyone else, may rely on any estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium, VAT or any other applicable charges or taxes. 1.6 WITHDRAWAL We or the auctioneer may, at our own discretion, withdraw any lot at any time prior to or during the auction sale of the lot. Neither us nor the auctioneer have any liability to you for any decision to withdraw. 2 REGISTRATION 2.1 NEW BUYERS (a) If this is your first time bidding with us or you are a returning buyer who has not bought anything from our saleroom or online within the last two years it is advisable to register at least 48 hours before the auction to give us enough time to process and approve your registration. We may, at our option, decline to permit you to register as a buyer. At our discretion, and if the lot estimate is over €8000 you will be asked for the following: (i) for individuals: Photographic identification (e.g. your current driving licence, national identity card or passport) and a separate proof of your current address (for example, a current utility bill or bank statement, not a mobile phone bill, in your name and not more than 3 months old). (ii) for corporate clients: the Certificate of Incorporation or equivalent document(s) showing the company’s name and registered address together with documentary proof of directors and the company’s beneficial owners; and their ID documents as per 2.1(i) above; (iii) for trusts, partnerships, offshore companies and other business structures, please contact our office in advance to discuss our requirements. (b) We may also ask you to give us a financial reference and/or a deposit as a condition of allowing you to bid. For help, please contact us on Tel: 07789 979396 (c) Sanctions, Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) Measures We are committed to the fight against money laundering and terrorist financing and compliance with relevant sanctions laws. To this end, you undertake to comply with our request(s) for Know-Your-Client (KYC), source of funds, and other information and documentation fully, accurately, and promptly. We may require such information and/or documentation from you at our sole discretion in order for us to comply with our Sanctions, AML and CTF policies and our obligations under UK and international law. If, in our absolute discretion, you do not satisfy our buyer identification and registration procedures, inclusive of, but not limited to (i) you being obstructive or misleading in response to our requests for KYC, source of funds, identification, registration or other information and/or documentation (ii) you failing to provide KYC, source of funds or other documentation requested by us at all or to the standard we require, to be determined at our sole discretion, and/or (iii) passing any sanctions and/or AML and/or CTF checks to our satisfaction, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller. Please contact us for any questions relating to payments. 2.2 RETURNING BUYERS We may at our discretion ask you for current identification as described in clause 2.1(a) above, a financial reference or a deposit as a condition of allowing you to bid. If you have not bought anything from our saleroom in the last two years or if you want to spend more than on previous occasions, please contact us on Tel:- 07789 979396. 2.3 WHAT IF YOU DON’T PROVIDE THE RIGHT INFORMATION / DOCUMENTS If in our opinion you do not satisfy our buyer identification and registration procedures and KYC including, but not limited to completing any anti-money laundering and/or anti-terrorism financing checks we require to our satisfaction, then we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller. 2.4 BUYING ON BEHALF OF ANOTHER PERSON (a) If you are buying on behalf of another person who will pay us directly, then that person will need to complete the registration requirements above before you can bid. In addition, you will also need to provide us with a signed letter authorising you to bid for him/her in advance of the auction. (b) As agent for a principal: If you register in your own name, but are acting as agent for someone else (the “ultimate buyer(s)”) who will put you in funds before you pay us, you accept personal liability to pay the purchase price and all other sums due. We will require you to disclose the identity of the ultimate buyer(s) and require documents to verify their identity and/or source of funds. 2.5 BIDDING IN PERSON If you wish to bid in the saleroom you must register at least 24hours before the auction. You may register online at www.oldbreweryauctions.co.uk or in person. For help, please contact Tel:- 07789 979396. 2.6 BIDDING SERVICES The bidding services described below are a free service offered as a convenience to buyers. We are not responsible for any error (human or otherwise), omission or breakdown in providing these services. 2.6.1 Phone Bids Your request for this service must be made no later than 24 hours prior to the auction. We will accept bids by telephone for lots with an estimate value in excess of £100 and only if our staff are available to take the bids. We may record telephone bids. By bidding on the telephone, you are agreeing to us recording your conversations. You also agree that your telephone bids are governed by these Terms & Conditions of Sale. 3 CONDUCTING THE SALE 3.1 WHO CAN ENTER THE AUCTION We reserve the right at our sole discretion to refuse admission to our saleroom or decline to permit participation in any auction or to reject any bid. 3.2 RESERVES Unless otherwise indicated, some lots are subject to a reserve. The reserve cannot be more than the lot’s low estimate. 3.3 AUCTIONEER’S DISCRETION The auctioneer can at his/her sole discretion: (a) refuse any bid; (b) move the bidding backwards or forwards in any way he or she may decide, or change the order of the lots; (c) withdraw any lot; (d) divide any lot or combine any two or more lots; (e) reopen or continue the bidding even after the hammer has fallen; and (f) in the case of error or dispute related to bidding and whether during or after the auction, to continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot. If you believe that the auctioneer has accepted the successful bid in error, you must provide a written notice detailing your claim within 1 business day of the date of the auction. The auctioneer will consider such claim in good faith. If the auctioneer, in the exercise of his or her discretion under this clause, decides after the auction is complete, to cancel the sale of a lot, or reoffer and resell a lot, he or she will notify the successful bidder no later than by the end of the 2nd business day following the date of the auction. The auctioneer’s decision in exercise of his/her discretion is final. This clause does not in any way prejudice our ability to cancel the sale of a lot under any other applicable provision of these Terms & Conditions of Sale. 3.4 BIDDING The auctioneer accepts bids from: (a) bidders in the saleroom; (b) telephone bidders. 3.5 BID INCREMENTS Bidding generally starts below the low estimate and increases in steps (bid increments). The auctioneer will decide at his or her sole discretion where the bidding should start and the bid increments. 3.6 SUCCESSFUL BIDS Unless the auctioneer decides to use his or her discretion as set out in clause 3.3 above, when the auctioneer’s hammer strikes, we have accepted the last bid. This means a contract for sale has been formed between the seller and the Buyer. We will issue an invoice only to the registered Buyer who made the successful bid. While we send out invoices by email and/or post after the auction, we do not accept responsibility for telling you whether or not your bid was successful. 3.7 LAW You agree that when bidding at any of our auctions either on-line, in person, by telephone or internet that you will strictly comply with all laws and regulations in force at the time of the auction. 4 THE BUYER’S PREMIUM, VAT, TAXES AND ARTIST’S RESALE ROYALTY 4.1 THE BUYER’S PREMIUM In addition to the hammer price, the successful bidder agrees to pay us a buyer’s premium on the hammer price of each lot sold. On all lots we charge 21.6% (including VAT) of the hammer price 4. 2 TAXES & VAT The successful bidder is responsible for all applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the hammer price and the buyer’s premium. It is the buyer’s responsibility to ascertain and pay all taxes due. VAT is payable on the buyer’s premium and, for some lots as requested, VAT is payable on the hammer price. Following the departure of the UK from the EU (Brexit), UK VAT and Customs rules will apply only. 4. 3 ARTIST’S RESALE ROYALTY In certain circumstances the artist or the artist’s estate are entitled to a royalty known as ‘artist’s resale right’ when any lot created by the artist is sold. We identify these lots in our catalogue. If artist resale rights apply to a lot, you must pay us an extra amount equal to the royalty. We will pay the royalty to the appropriate authority on the seller’s behalf. The artist’s resale royalty applies if the hammer price of the lot is over €1000. The total royalty for any lot cannot be more than €12,500. We work out the amount owed as follows: Living artists and the descendants of artists deceased within 70 years are entitled to receive a resale royalty each time their work is bought. The right applies only when the sale price reaches or exceeds the sterling equivalent of €1000 and is calculated on a sliding scale. Please note ARR is calculated in Euros. Auctioneers will apply current exchange rates. Resale Price Royalty Up to €50,000 4% From €50,001 to €200,000 3% From €200,001 to €350,000 1% From €350,001 to €500,000 0.5% Over €500,001 0.25% ARR is exempt from VAT. 5 WARRANTIES 5.1 SELLER’S WARRANTIES For each lot, the seller gives a warranty that the seller: (a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owner(s) or, if the seller is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law; and (b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else. If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price paid by you to us. The seller will not be responsible to the Buyer for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages or expenses. The seller gives no warranty in relation to any lot other than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller which may be added to this agreement by law, are excluded. 5.2 BUYER’S WARRANTIES (a) As the Buyer you warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes. (b) Where you are bidding as agent on behalf of any ultimate buyer(s) who will put you in funds before you pay us for the lot(s), you warrant that: (i) you have conducted appropriate customer due diligence on the ultimate buyer(s) and have complied with all applicable anti-money laundering, counter terrorist financing and sanctions laws; (ii) you will disclose to us the identity of the ultimate buyer(s) (including any officers and beneficial owner(s) of the ultimate buyer(s) and any persons acting on its behalf) and on our request, provide documents to verify their identity; (iii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole or in part, facilitate tax crimes; (iv) you do not know, and have no reason to suspect that the ultimate buyer(s) (or its officers, beneficial owners or any persons acting on its behalf) are on a sanctions list, are under investigation for, charged with or convicted of money laundering, terrorist activities or other crimes, or that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion; and (v) where you are a regulated person who is supervised for anti-money laundering purposes under the laws of the EEA or another jurisdiction with requirements equivalent to the EU 4th Money Laundering Directive, and we do not request documents to verify the ultimate buyer’s identity at the time of registration, you consent to us relying on your due diligence on the ultimate buyer, and will retain their identification and verification documents for a period of not less than 5 years from the date of the transaction. You will make such documentation available for immediate inspection on our request. 6 PAYMENT 6.1 HOW TO PAY (a) Immediately following the auction, you must pay the purchase price being: (i) the hammer price; and (ii) the buyer’s premium; and (iii) any amounts due under clause 4.3 above; and (iv) any duties, goods, sales, tax or VAT. Payment and collection is due no later than the midday Saturday following the sale day (‘due date’) We will only accept payment from the registered buyer. Once issued, we cannot change the buyer’s name on an invoice or re-issue the invoice in a different name. You must pay for lots bought in the currency stated on the invoice in one of the following ways: (i) bank transfer You must make payments to: Lloyds Bank plc – Old Brewery Auctions Ltd Sort Code – 309348 Account - 01098461 (ii) Credit Card We accept most major credit cards subject to certain conditions. You may make payment via credit card in person. You may also make payment by clicking the payment button on your invoice. Details of the conditions and restrictions applicable to credit card payments are available from us. (iii) Cash We will only accept cash, in exceptional circumstances. Please call the office to discuss your requirements. (iv) Cheque You must make cheques payable to us. Cheques must be from accounts in pounds sterling (GBP) from a United Kingdom bank. If paying by cheque, clearance is required before we will release the lots to you (d) You must quote the sale number, lot number(s), your invoice number and our client account number when making a payment. All payments sent by post must be sent to: Wickwar Trading Estate, Wickwar, GL12 8NB (e) For more information please contact us on Tel:- 07789 979396 6.2 TRANSFERRING OWNERSHIP TO YOU You will not own the lot and ownership of the lot will not pass to you or the ultimate Buyer(s) until we have received full and clear payment of the purchase price, even in circumstances where we have released the lot to the buyer. 6.3 TRANSFERRING RISK TO YOU The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following: (a) When you collect the lot; or (b) At the end of the 10th day following the date of the auction or, if earlier, the date the lot is taken into care by a third-party warehouse as set out on the page headed ‘Storage and Collection’, unless we have agreed otherwise with you in writing. 6.4 WHAT HAPPENS IF YOU DO NOT PAY (a) If you fail to pay us the purchase price in full by the due date, we will be entitled to do one or more of the following (as well as enforce our rights under these terms and conditions and any other rights or remedies we have by law): (i) to charge interest from the due date at a rate of 8% a year above the Bank of England base rate from time to time on the unpaid amount due; (ii) we can cancel the sale of the lot. If we do this, we may sell the lot again, publicly or privately on such terms we shall think necessary or appropriate, in which case you must pay us any shortfall between the purchase price and the proceeds from the resale. You must also pay all costs, expenses, losses, damages and legal fees we have to pay or may suffer and any shortfall in the seller’s commission on the resale; (iii) we can pay the seller an amount up to the net proceeds payable in respect of the amount bid by your default in which case you acknowledge and understand that we will have all of the rights of the seller to pursue you for such amounts; (iv) we can hold you legally responsible for the purchase price and may begin legal proceedings to recover it together with all other losses, including but not limited to interest, legal fees and costs as far as we are allowed by law; (v) we can take what you owe us from any amounts which we may owe you (including any deposit or other part-payment which you have paid to us); (vi) we can reject at any bids made by you or on your behalf at any future auctions or to obtain a deposit from you before accepting any bids; (vii) to exercise all the rights and remedies of a person holding security over any property in our possession owned by you, whether by way of pledge, security interest or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us; and (viii) we can take any other action we deem necessary or appropriate. (b) If you owe money to us we can use any amount you do pay, including any deposit or other part-payment you have made to us, or which we owe you, to pay off any amount you owe to us for any transaction. (c) If you make payment in full after the due date, and we choose to accept such payment we may charge you storage and transport costs from the date that is 7[] calendar days following the auction in accordance with clause 7. 6. 5 KEEPING YOUR PROPERTY If you owe money to us, as well as the rights set out in 6.4 above, we can use or deal with any of your property in any way we are allowed to by law. We will only release your property to you after you pay us or in full for what you owe. However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us and we will pay any amount left from that sale to you. If there is a shortfall, you must pay us any difference between the amount we have received from the sale and the amount you owe us. 7 COLLECTION AND STORAGE (a) You must collect purchased lots by midday of the Saturday following the auction (but note that lots will not be released to you until you have made full and clear payment of all amounts due to us). (b) Information on collecting lots is set out on the www.oldbreweryauctions.co.uk on Tel:- 07789 979396. (c) If you do not collect any lot by midday on the Saturday following the auction (or as stated for an individual sale if different to our usual sale) we can, at our option: (i) charge you storage costs at the rates set out at £5 per lot per day (ii) move the lot to another location or an affiliate or third party warehouse and charge you transport costs and administration fees for doing so and you will be subject to the third party storage warehouse’s standard terms and to pay for their standard fees and costs. (iii) sell the lot in any commercially reasonable way we think appropriate. 8 TRANSPORT AND SHIPPING 8.1 You must make all transport and shipping arrangements. We may suggest handlers, packers, transporters or experts if you ask us to do so. For more information, please contact us on Tel:- 07789 979396. However, if we recommend another company for any of these purposes, we are not responsible for their acts, failure to act or neglect. 8.2 EXPORT AND IMPORT Any lot sold at auction may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries. Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country. Local laws may prevent you from importing a lot or may prevent you selling a lot in the country you import it into. We will not be obliged to cancel your purchase and refund the purchase price if your lot may not be exported, imported or it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to the export or import of any lot you purchase. (a) You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any lot prior to bidding. If you are refused a licence or there is a delay in getting one, you must still pay us in full for the lot. (b) You alone are responsible for any applicable taxes, tariffs or other government-imposed charges relating to the export or import of the lot. (c) Lots made of or including endangered and other protected species of wildlife are marked . Such lots include among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood. You should check the relevant customs laws and regulations before bidding on any lot containing wildlife material if you plan to import the lot into another country. Several countries refuse to allow you to import property containing these materials, and some other countries require a licence from the relevant regulatory agencies in the countries of exportation as well as importation. In some cases, the lot can only be shipped with an independent scientific confirmation of species and/or age and you will need to obtain these at your own cost. If a lot contains elephant ivory, or any other wildlife material that could be confused with elephant ivory (for example, mammoth ivory, walrus ivory, helmeted hornbill ivory), please see further important information in paragraph (d) if you are proposing to import the lot into the USA. We will not be obliged to cancel your purchase and refund the purchase price if your lot may not be exported, imported or it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to the export or import of property containing such protected or regulated material. (d) US import ban on African elephant ivory The USA prohibits the import of ivory from the African elephant. Any lot containing elephant ivory or other wildlife material that could be easily confused with elephant ivory (for example, mammoth ivory, walrus ivory, helmeted hornbill ivory) can only be imported into the US with results of a rigorous scientific test which confirms that the material is not African elephant ivory. We do not carry out such such rigorous scientific testing on a lot prior to sale, therefore it is your sole responsibility to arrange such tests at your own cost prior to bidding if there is any likelihood that they will be required. We cannot confirm whether a lot contains African elephant ivory, and you will buy that lot at your own risk and be responsible for any scientific test or other reports required for import into the USA at your own cost. If such scientific test is inconclusive or confirms the material is from the African elephant, we will not be obliged to cancel your purchase and refund the purchase price. (e) Lots of Eastern origin Some countries prohibit or restrict the purchase and/or import of Eastern-origin ‘works of conventional craftsmanship’ (works that are not by a recognised artist and/or that have a function, for example: carpets, bowls, ewers, tiles, ornamental boxes). For example, the USA prohibits the import of this type of property and its purchase by US persons (wherever located). Other countries only permit the import of this property in certain circumstances. 9 OUR LIABILITY TO YOU (a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees, about any lot and, as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are excluded. The seller’s warranties contained in clause 5.1 are their own and we do not have any liability to you in relation to those warranties. (b) (i) We are not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Terms and Conditions of Sale; or (ii) we do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to saleability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, history, literature, or historical relevance. (c) In particular, please be aware commission and telephone bidding services, are free services and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services. (d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot. (e) If, in spite of the terms in clause (a) to (d) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses. 10 GENERAL TERMS 10.1 OUR ABILITY TO CANCEL In addition to the other rights of cancellation contained in this agreement, we can cancel a sale of a lot if: (i) any of your warranties in clause 5.2 or 2.1(c) are incorrect; (ii) we reasonably believe that completing the transaction is or may be unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation or the goodwill of our business. 10.2 RECORDINGS We may videotape and record proceedings at any auction. We will keep any personal information confidential, except to the extent disclosure is required by law. If you do not want to be videotaped, you may make arrangements to make a telephone or written bid or bid on instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any auction. 10.3 SEVERANCE If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted and the rest of this agreement will not be affected. 10.4 TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the seller unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities. 10.5 PERSONAL INFORMATION We will hold and process your personal information and may pass it to another company for use as described in, and in line with, our privacy policy on our website www.oldbreweryauctions.co.uk 10.6 WAIVER No failure or delay to exercise any right or remedy provided under these Terms and Conditions of Sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 10.7 LAW AND DISPUTES This agreement, and any contractual or non-contractual dispute arising out of or in connection with this agreement, will be governed by English law. Before either you or we start any court proceedings and if you and we agree, you and we will try to settle the dispute by mediation in accordance with the CEDR Model Mediation Procedure. If the dispute is not settled by mediation, you agree for our benefit that the dispute will be referred to and dealt with exclusively in the courts of England and Wales.