Marchance Liability
Liability Terms and Conditions
March 01, 2013
These are the terms and conditions on which Marchance will accept liability for physical loss of, or damage to, the Lots, as referred to in, and incorporated into the Seller's Agreement.
I. DEFINITIONS
In these terms and conditions:
"Marchance" means Marchance Auctioneers Limited, its subsidiaries and other companies within the corporate group
"Seller's Agreement" means Marchance standard terms and conditions accepted by the Seller
"Lot" means an item of property to be offered for sale (or two or more items of property to be offered for sale as a group) as listed in the Schedule to the Seller's Agreement
"Seller" means the Seller's Agent and the person having full legal title of the Lot
"Seller's Agent" means the person acting as agent on behalf of the Seller except Marchance
II.GENERAL EXCLUSIONS FROM LIABILITY
2.1 the wilful misconduct of you, the Seller or the Seller's Agent
2.2 insufficiency or unsuitability of packing or preparation of the Lot
2.3 moth, vermin, woodworm, wear, tear, gradual deterioration and/or inherent vice
2.4 delay; or
2.5 changes in atmospheric conditions
III. WAR EXCLUSION
Marchance shall not be under any liability for loss, damage or expense attributable to or caused by:
a) war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any act by or against a belligerent power
b) capture, seizure, arrest, restraint or detainment (piracy excluded), and the consequences thereof or any attempt thereat
c) derelict mines, torpedoes, bombs or other derelict weapons of war; or
d) confiscation, expropriation, detention, destruction, nationalisation, requisition or enforcement by order of any Government, Public, Municipal, Local or Customs Authority
IV.TERRORISM EXCLUSION
Notwithstanding any provision to the contrary within these terms and conditions or any addition to them, Marchance shall be under no liability for any loss, damage or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism, regardless of any other cause or event contributing concurrently or in any other sequence to the loss, or any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.
In these terms and conditions, an "act of terrorism" means an act, including but not limited to the use of force or violence and/or the threat thereof of any person or group of person(s), whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government or to put the public, or any section of the public, in fear.
In these terms and conditions, an "act of terrorism" means an act, including but not limited to the use of force or violence and/or the threat thereof of any person or group of person(s), whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government or to put the public, or any section of the public, in fear.
V.ENVIRONMENTAL EXCLUSION
Marchance shall be under no liability for any loss, damage or expense directly or indirectly caused by or contributed to by or arising from:
b) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or any other nuclear assembly or nuclear component thereof
c) any weapon or device supplying atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
d) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, store or used for commercial, agricultural, medical, scientific or other similar peaceful purposes; or
e) any chemical, biological, bio-chemical or electromagnetic weapon
VI.PAIRS AND SETS
If physical loss of, or damage to, the Lot is recoverable under these terms and conditions, and the Lots are a pair or set, Marchance will pay any consequent depreciation in value on the remainder of the pair or set.
VII.PARTIAL DAMAGE
In cases where Lots are partially damaged Marchance liability will be limited to reasonable restoration costs and the diminution in the value of the Lot (taken in its condition as restored), if any, caused by such damage.
VIII.RESTORATION
Marchance shall be under no liability for any loss of, or damage to, the Lot caused by work done in the course of alteration or any refinishing, renovating, repairing, restoring, reframing or similar process.
IX.EXHIBITIONS AND RELATED RISKS
It is agreed that these terms and conditions include all transits and exhibitions, sales, displays or viewings where Marchance send items between their main offices or elsewhere.
X.NOTIFICATION OF LOSS
On the discovery of any event which may give rise to a claim, the Owner must advise Marchance without delay and thereafter give notice in writing within thirty days.
XI.CANCELLATION
Marchance obligations are subject to 45 days' notice of cancellation by Marchance. Upon cancellation Marchance shall state reasons for cancellation.
XII.ASSIGNMENT OF TITLE
Where a claim is made for the complete physical loss of the Lot and Marchance pays sums to you in respect of that loss, if the Lot is subsequently recovered, you agree that Marchance shall take full legal title to the Lot unless and until such time as you return those sums to Marchance. Where a claim is made for physical damage to the Lot and Marchance pays sums to you on the basis that the Lot was totally damaged, you likewise agree that Marchance shall take full legal title to the Lot.