Amati Policy

Website Terms & Conditions

  • About these Terms
    • These terms and conditions (“Terms”) govern the use by you of the website
      www.amati.com (the “Website”) and, together with the terms and conditions covering
      auctions run on the Website (“Auction Terms”), all services available
      through the Website (the Website and the services available through it are referred to
      collectively in these Terms as the “Services”).
    • By accessing the Services and/or, if you register and create an account, by checking
      the “I have read and agree to the Terms and Conditions” box on the Website, you are
      agreeing to these Terms and enter into a legally binding contract with Amati
      Instruments Limited, a company incorporated in England and Wales with registered
      office at 4 Prince Albert Road, London, NW1 7SN, United Kingdom and with registered
      number 08506963 (“we”, “us”).
    • You may not use the Services if you are under the age of 18 years old. By agreeing to
      these Terms and using the Services, you represent that you are at least 18 years old.
    • If you do not agree to these Terms you may not use the Services.
    • We may, at our sole discretion, modify or replace these Terms at any time. It is your
      responsibility to check these Terms periodically for changes. Your continued use of
      the Services following the posting of any changes to these Terms and/or, when you log
      into your account, by checking the “I have read and agree to the Terms and Conditions”
      box on the Website, constitutes your acceptance of such changes. If you do not agree
      to such changes, you should stop using the Services.
    • These Terms were last updated on 18th May 2018.
  • The Services
    • The Services enable users to participate in online auctions for the sale and purchase
      of musical instruments (collectively referred to in these Terms as “Instruments”). We
      may in future add new Services, in which case these will be explained on, and made
      available via, the Website.
    • Other than as set out in the Auction Terms, the Services are currently free to use,
      however, we may, in our sole discretion, choose to charge for certain aspects of the
      Services, in which case such charges will be set out on the Website.
    • We reserve the right at any time to modify, suspend or discontinue, temporarily or
      permanently, the Services (or any part of the Services) for any reason with or without
      notice. If we modify, suspend or discontinue any of the Services which you have paid
      to receive, and which we have not yet supplied in full, we will give you a pro rated
      refund equal to the portion of the Services which you have paid for but not yet
      received. You agree that we shall not otherwise be liable to you or to any third party
      for any loss caused by modification, suspension or discontinuance of the Services.
    • Your access to the Services or certain features of the Services may be suspended or
      restricted occasionally to allow for maintenance, repairs, upgrades, or the
      introduction of new functionality or services. Further, due to the inherent nature of
      the internet, errors, interruptions and delays may occur in the service at any time.
    • You are responsible for making all arrangements necessary for you to have access to
      the Services. You are also responsible for ensuring that all persons who access the
      Services through your internet connection are aware of these Terms, and that they
      comply with them.
  • Content ownership
    • As between us and you, and subject to these Terms, you will own all material,
      including information, data, text, graphics, images and other content (collectively,
      “Content”) you provide to us and/or others while using the Services (“your Content”).
    • You agree that all Content, other than your Content, contained in or delivered via the
      Services or otherwise made available in connection with the Services (collectively,
      “our Content”) is owned by us or our licensors and is protected by copyright, trade
      mark and/or other intellectual property and other proprietary rights and laws. You
      shall use our Content exclusively for purposes that are permitted by these Terms and
      any applicable laws and regulations. Any rights not expressly granted in these Terms
      are reserved.
    • You agree and acknowledge that the AMATI trade mark is our property and agree not to
      challenge either our ownership or use of the AMATI name or our registration of the
      AMATI trade mark (except on the basis of non-use).
  • Use of the Services
    • Subject to your compliance with these Terms, we hereby grant you a non-exclusive,
      non-transferable, revocable right and licence to access and use the Services in
      accordance with these Terms.
    • You shall not, and shall not permit anyone else, directly or indirectly, to use the
      Services to offer for sale any Instrument which:

      • it would be unlawful for you to sell;
      • infringes any rights, including any intellectual property rights, of any third
        party (such as counterfeit or replica Instruments); and/or
      • has been produced in a factory as part of a mass distribution of similar
        Instruments. (The purpose of the Services is to facilitate sales of
        Instruments made by individual craftsmen trained in the art of making such
        Instruments and all Instruments offered for sale using the Services must have
        been made by such craftsmen).
    • You shall only offer for sale an Instrument which you own outright or are otherwise
      entitled to dispose of free of all charges, encumbrances and adverse rights.
    • You shall supply any Instrument, which you have agreed to supply to any other user of
      the Services, in accordance with the terms on which you have agreed to supply such
      Instrument and, in any event, within a reasonable period after agreeing to supply such
      Instrument.
    • You shall not, and shall not permit anyone else, directly or indirectly, to:
      • modify or reproduce any part of the Services or our Content;
      • reverse engineer, disassemble, decompile or otherwise attempt to discover the
        source code or structure, sequence and organization of all or any part of the
        Services, unless permitted by law; or
      • engage in any activity whatsoever that interferes with, or disrupts, the
        functionality of the Services.
    • You acknowledge and agree that:
      • we take no responsibility for the Instruments offered by users of the
        Services; and
      • it is your responsibility to satisfy yourself, before buying any Instrument,
        that:
      • such Instrument is in a satisfactory condition and is safe to use; and
      • the user of the Services who is selling to you such Instrument is permitted,
        under applicable law and regulation, to supply such Instrument to you.
  • Your Content
    • You acknowledge and agree that:
      • your Content will be true, accurate, current and complete and not misleading
        in any way; and
      • you will maintain and update your Content to keep it true, accurate, current
        and complete and not misleading in any way.
    • You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable,
      royalty-free, transferable right and licence, without compensation to you or any other
      provider of your Content, to use, reproduce, adapt, modify, distribute, translate,
      publish, create derivative works based on, perform, display and otherwise exploit your
      Content, in whole or in part, in any media, for any purposes relating to our business
      or any other purposes.
    • You represent and warrant that you have all rights, power and authority necessary to
      grant the licence under paragraph 5.2, and that all your Content:

      • does not infringe the rights of any third party; and
      • complies with all applicable laws and regulations.
    • You acknowledge and agree that you are liable for all of your Content, in whatever
      form. You agree not to use the Services to upload, post, email or otherwise make
      available any of your Content that:

      • is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous,
        invasive of another’s privacy, or infringes upon another person or entity’s
        rights, such as another person or entity’s intellectual property rights;
      • involves impersonating any person or entity, or falsely stating or
        misrepresenting your affiliation with a person or entity;
      • you do not have a right to make available; or
      • contains software viruses or any other computer code, files or programs
        designed to interrupt, destroy or limit the functionality of any computer
        software or hardware or telecommunications equipment.
    • You acknowledge that we are not responsible for and do not check or verify your
      Content or any other Content provided or made available by any other users of the
      Services (although we reserve the right to monitor, alter, edit, or remove any of your
      Content, in whole or in part, at any time). You acknowledge and agree that we may
      store your Content and may also disclose your Content for any reason if we deem this
      to be necessary (under law or for any other reason).
    • You acknowledge and agree that we may, in our sole discretion, remove and discard any
      or all of your Content from the Services at any time for any reason, including if you
      and/or any of your Content is, or we have reasonable grounds to suspect is, in breach
      of these Terms.
  • Account, password and security

    • As part of using the Services, you may create an account, with a username and password. You are
    responsible for maintaining the confidentiality of your password and access to your account,
    and are responsible for all activities that occur under your account, including use of your
    account by third parties. You agree to immediately notify us of any unauthorised use of your
    account or of any other breach of security. We cannot and will not be liable for any loss,
    damage or other liability arising from your failure to comply with this paragraph 6 or from
    any unauthorized access to or use of your account.

  • Payment
    • If we choose to charge for any aspect of the Services, in accordance with paragraph
      2.3, our fees will be set out on the Website. While we will try hard to ensure that
      all fees displayed on the Website are correct and up to date at the time you place an
      order, it is possible that an occasional mistake may be made. We may refuse any order
      if the applicable fees are obviously incorrect or where some other clear error has
      been made. All fees are inclusive of all sales and other taxes unless otherwise
      stated.
    • You must: make the appropriate payment by credit or debit card or other payment
      mechanism approved by us and made available through the Website; and provide us and/or
      our payment service providers with the necessary information for your payment to be
      processed. You confirm that the payment card or account used by you is yours or that
      you are authorised to use such card or account and there are sufficient funds or
      credit facilities to cover the payment.
    • You will be given the opportunity to correct any input errors in your payment details
      prior to completing your order.
    • You may not be able to access the Services for which we have chosen to charge until we
      have completed any validation checks described in paragraph 7.5 and we have received
      payment in full.
    • All credit/debit/charge card and other payment service transactions may be subject to
      validation checks and authorisation by the relevant card and service providers. If
      your card issuer/payment service provider refuses to authorise payment to us, we will
      not be liable for any delay or non-acceptance of orders made by you through the
      Website.
    • We reserve the right to require proof of identification and age before processing any
      order made through the Website.
  • Suspension and termination
    • You acknowledge and agree that we may, in our sole discretion, on written notice to
      you, suspend or terminate your account and/or your access:

      • to the Services (other than any aspect of the Services for which we have
        chosen to charge, in accordance with paragraph 2.3) at any time for any reason
        and without notice to you;
      • to the Services for which we have chosen to charge, in accordance with
        paragraph 2.3, if you have, or we reasonably believe that you have:

        • failed to maintain accurate or current information; and/or
        • otherwise breached these Terms and failed to remedy such breach within
          7 days of us notifying you in writing of such breach.
    • You agree that we shall not be liable to you or to any third-party for any suspension
      and/or termination of your right to use or otherwise access the Services.
    • You may stop using the Services at any time.
  • Compensating us for your breach of these Terms

    You shall compensate us in full in respect of any losses, liabilities, damages, expenses or
    costs (including legal fees and expenses), arising from or in connection with any third
    party claim, suit or proceeding brought against us which arises out of, results from or is
    related to any breach by you of these Terms.

  • Warranties

    We will supply the Services using reasonable skill and care but we make no other
    representations, warranties or guarantees, whether express or implied, with respect to the
    Services including:

    • that access to the Website will be uninterrupted or error-free;
    • that the Website or the computer server from which the Website is made available, are
      free of viruses or other harmful components; and
    • to the accuracy, content, timeliness, completeness, reliability, quality or
      suitability of any Content contained in or delivered via the Services or otherwise
      made available in connection with the Services.
  • Linking to and from third party website(s)
    • From time to time, the Website may include links to third party websites. These links
      are provided for your convenience only and do not signify that we endorse such third
      party websites.
    • We do not review such third party websites and you acknowledge and agree that:
      • we are not responsible for such websites, including the terms on which such
        websites are made available and the privacy policies of such websites, and do
        not control their content or availability;
      • we make no representation, warranty or condition, either express or implied,
        in relation to any goods or services or information received from such
        websites; and
      • if you access any such websites, you do so entirely at your own risk.
    • You may include links to the Website on another website providing you acknowledge and
      agree to the following:

      • we are not liable to you for any loss you suffer as a result of such links;
      • we do not promise that the Website will be continuously available (and
        therefore such links may not always work);
      • you will not insert such links on any website which contains any content which
        is illegal, infringes any rights, such as the intellectual property rights, of
        any third party or contains any adult content;
      • our consent to such links does not constitute any grant of any rights in the
        Website to you or any third party; and
      • we reserve the right to object to any such links and require you to remove
        them.
  • Limitation Of Liability
    • To the maximum extent permissible in law, we exclude all liability for any indirect,
      additional or consequential loss or any kind however incurred by you, arising in
      connection with these Terms.
    • Our liability to you under these Terms in relation to the Services (other than any
      aspect of the Services for which we have chosen to charge, in accordance with
      paragraph 2.3), is limited to £100.
    • If you order one of the Services for which we have chosen to charge, in accordance
      with paragraph 2.3, our liability to you under these Terms, in respect of such
      Services, is limited to the total amount paid by you to us for such Services in the
      calendar month in which the liability arises.
    • Nothing in these Terms excludes or limits our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; or
      • breach of any obligation implied by statutory law which cannot lawfully be
        excluded.
  • Privacy

    All information provided by you or collected by us in connection with Services is governed
    by our Privacy Policy, a copy of which is located at
    https://www.amati.com/policy, which is hereby incorporated by reference into
    these Terms.

  • Notices
    • Notices to you may be sent via either email or regular mail to the address you have
      provided to us.
    • Any notice from you to us shall be sent in writing to us at the address set out in
      paragraph 1.2 above.
  • General
    • These Terms (and the Auction Terms, where applicable) contain the entire agreement
      between us and you relating to the Services and supersede any previous agreements,
      arrangements, undertakings or proposals, whether written or oral, between us and you
      relating to the Services. You confirm that you have not been induced to enter into a
      contract on these Terms by any prior representations, whether written or oral, except
      as specifically reproduced in these Terms and you hereby waive any claim for breach of
      any such representations which are not specifically reproduced in these Terms.
    • We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or
      obligations under these Terms to any company, firm or person. We can only do this if
      it does not affect your rights under these Terms. You may not assign, sub-contract
      and/or otherwise transfer your rights or obligations under these Terms to anyone else
      except with our written consent.
    • These Terms are personal to you and no third party is intended to benefit under these
      Terms.
    • If you fail to comply with these Terms and we take no action against you, we will
      still be entitled to enforce our rights against you in relation to that breach and to
      use our rights and remedies in any other situation where you breach these Terms.
    • All or any part of any term of these Terms that is found to be unfair or unenforceable
      by a court of competent jurisdiction will be treated as deleted and the remainder of
      the Terms will continue to govern each of our respective obligations.
    • English is the only language in which these Terms are offered.
    • These Terms are governed by and interpreted in accordance with the laws of England and
      Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose
      to bring proceedings in connection with these Terms you must do so in the courts of
      England and Wales, unless you live in Scotland, in which case you can choose to bring
      proceedings there, or in Northern Ireland, in which case you can choose to bring
      proceedings there.

Privacy Policy

1. About this Privacy Policy

We are Amati Instruments Limited, a company incorporated in England and Wales with registered
office at 4 Prince Albert Road, London, NW1 7SN, United Kingdom and with registered number
08506963 (“we“, “us”).

We are committed to protecting your privacy and making it clear how we use your information.
This privacy policy (“Privacy Policy“) describes for you, as a
user of the website www.amati.com (the “Website“) and services
available through the Website: the kinds of information that we may collect about you, when
and how we use that information; how we protect it; who we disclose it to and why; and your
rights to access and control our use of your information.

Our legal status under UK data protection law is that of a Data Controller. Data controller is
a legal term which identifies the person who controls what to do with any given personal
information. As Data Controller we have registered with the Information Commissioner’s Office
and our registration number is ZA052616.

This Privacy Policy was last updated on 18th May 2018.

2. The types of information we collect and why

Whether you supply instruments for sale via the Website (a “Supplier“),
or if you are a purchaser using our platform to search for instruments and Suppliers (a
“Buyer“) we will collect both “personal information” and
“browsing information” about you.

For these purposes “personal information” means any information that enables us to
determine your actual identity (such as your name or contact details). We use the term,
“browsing information” to mean certain anonymous information that we collect about
your use of the Website. On its own, this browsing information does not enable us to determine
your actual identity.

There are differences in how we treat each type of information, as further explained in this
Privacy Policy.

2.1. Buyers

If you are a Buyer we collect personal information from you if and when you register to use our
service, such as your name, email address, and username and password and when you contact us
(for example, through one of our online forms). We collect this personal information for
account setup, to respond to your requests and administration purposes and also to provide you
with a safe, reliable and efficient service.

We may also collect your name and email address when you sign up for promotional emails so that
we or our Suppliers can send you information about offers and promotions we or they think may
interest you. However, we will contact you only in accordance with your expressed marketing
preferences. Please see section 3 below for information on how to contact us to change your
marketing preferences.

2.2. Suppliers

If you are a Supplier we may collect personal information from you when you subscribe to our
service, such as your contact details, details of the business you represent and the service
and instruments you provide and when you contact us (for example, through one of our online
forms). We need these details to administer your account with us, to respond to your requests
and to advertise your services (including to enable Buyers and other Suppliers to contact you)
through the Website. We may also collect your name and email address when you sign up for
promotional emails in order for us to send you information about our offers and promotions we
or selected partners think may interest you. However, we will contact you only in accordance
with your expressed marketing preferences. Please see section 3 below for information on how
to contact us to change your marketing preferences.

2.3. Browsing information

When you visit the Website, we collect limited browsing information about your visit. This may
include information about the pages of the Website that you access, how many clicks it takes
you to reach specific information, and the kinds of instruments and Suppliers you search for
and the search terms you enter.

It may also include information about your computer’s Internet Protocol
(“IP“) address, as well as details about cookies served to your
computer through the Website.

2.4. IP addresses

An IP address is the number automatically assigned to your computer whenever you access the
Internet. It is automatically transmitted to us by your computer whenever you access the
Website. We use this information to help diagnose problems with our server and to administer
the Website; however, this number does not enable us to determine your actual identity.

2.5. Cookies

Cookies are small text files that websites often store on computer hard drives of visitors to
their websites. They are widely used in order to make websites work, or work more efficiently,
as well as to provide reporting information to the owners of the website.

A cookie contains a unique number, which is used to recognise your computer when a user of your
computer returns to a website that it visited previously. We use cookies to enhance the online
experience of our visitors and to better understand how the Website is used. Cookies may tell
us, for example, whether you have visited the Website before or whether you are a new
visitor.

There are two broad categories of cookies – ‘first party cookies’ and ‘third party cookies’.
First party cookies are cookies that are served directly by the website operator to your
computer, and are used only by the website operator to recognise your computer when it
revisits that website. Third party cookies are served by a service provider on behalf of the
website operator, and can be used by the service provider to recognise your computer when it
visits other websites. Third party cookies are most commonly used for website analytics or
advertising purposes.

This Website serves the following cookies to your computer:

Cookie Type Name Purpose More Information
Essential website cookie served by amati.com (first party cookie) PHPSESSION, WEBID_ONLINE This cookie is strictly necessary to provide the website and is used to allow you to
move around the website. This cookie is deleted when you close your browser. 		Please see below for information about how you configure your browser to notify you
when you receive a new cookie, and how to disable cookies altogether.
Google Analytics (third party cookie) Utma; _utmb; _utmc; _utmz; _ga; _gid; _gt These cookies are set by Google, Inc. and are used to collect information about how
visitors use the Website. We use this information to compile reports and to help us
improve the Website.
The cookies collect information in an anonymous form, including the number of visitors
to the Website, where visitors have come to the Website from and the pages they
visited. 		To see an overview of privacy at Google and how this applies to Google Analytics visit
http://www.google.co.uk/intl/en/analytics/privacyoverview.html
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Facebook Pixel fr The Facebook pixel is an analytics tool that allows us to measure the effectiveness of
your advertising by understanding the actions people take on your website. 		To see an overview of privacy and Terms and Conditions at Facebook visit https://www.facebook.com/policies

You have the right to choose whether or not to accept cookies. You can exercise this right by
amending or setting the controls on your browser to reflect your cookie preferences. However,
please note that if you choose to refuse cookies you may not be able to use the full
functionality of this Website.

The “help” portion of the toolbar on most Internet browsers will tell you how to
change your browser cookie settings, including how to have the browser notify you when you
receive a new cookie, and how to disable cookies altogether. For further information about
cookies and how to control their use, please visit the following third party educational
resources:

www.youronlinechoice.eu, Cookies |
ICO and www.allaboutcookies.org.

3. How to access and control your information

You have the following rights in relation to your personal information:

  • a right of access to a copy of the information comprised in your personal data;

  • a right to access your personal information in machine-readable format and to request
    that we transfer this to a third party data controller;

  • a right to object to processing that is likely to cause or is causing damage or
    distress;

  • a right in certain circumstances to have inaccurate personal data rectified, blocked,
    erased or destroyed;

  • a right to object to decisions being taken by automated means;

  • a right to claim compensation for damages caused by a breach of data protection
    legislation; and

  • a right to lodge a complaint to the Information Commissioner’s Office in respect
    of our use of your personal information.

In addition, you have the right to instruct us not to contact you for direct marketing
purposes, even if you have previously consented to receive this.

You can exercise these rights by emailing info@amati.com.

If you contact us in relation to your rights we will do our best to accommodate your request or
objection. Please note, however, that not all rights are absolute. Sometimes other legal
obligations or third party rights will take precedence.

4. Sharing your information

4.1. Other users of the Website

If you are a Supplier we may disclose information about you such as your name, business
profile, address, email and phone number so that Buyers or other Suppliers may contact you.

Where you are a Buyer and are making an enquiry with a Supplier we may disclose information
about you such as your name and email address so that they may respond directly to you.

4.2. For your protection and ours

We may disclose information about you (a) if we are required to do so by law or legal process;
(b) to law enforcement authorities or other government officials; (c) to contractors we use to
support our business (such as the Website hosting providers), in which case we will require
such third parties to agree to treat it in accordance with our instructions and this Privacy
Policy and use it for the same purposes as we do; or (d) when we believe disclosure is
necessary to establish, exercise or defend our legal rights.

4.2. Business transfer

We reserve the right to transfer any information we have about you in the event we sell or
transfer all or a portion of our business or assets. Should such a sale or transfer occur, we
will use reasonable efforts to direct the transferee to use personal information you have
provided to us in a manner that is consistent with this Privacy Policy.

5. International transfers

Personal information we collect from you during the course of providing our service may be
transferred to our service providers that are located outside of the European Economic Area (“EEA”)
in Google LLC, MailChimp, Apple Inc., Rackspace Inc., XERO, Slack Technologies. While
territories outside the EEA may not have the same standards of data protection as those within
the EEA, we will take such measures as are necessary to ensure that any personal information
we transfer outside of the EEA is adequately protected and processed only in accordance with
this Privacy Policy, including via standard contractual clauses and the EU-US Privacy
Shield.4.2. For your protection and ours

We may disclose information about you (a) if we are required to do so by law or legal process;
(b) to law enforcement authorities or other government officials; (c) to contractors we use to
support our business (such as the Website hosting providers), in which case we will require
such third parties to agree to treat it in accordance with our instructions and this Privacy
Policy and use it for the same purposes as we do; or (d) when we believe disclosure is
necessary to establish, exercise or defend our legal rights.

6. How we protect your personal information

We want you to feel confident about using the Website to display and search for instruments for
sale and to make enquiries with Suppliers, and we are committed to protecting the personal
information we collect. We have implemented appropriate technical and organisational security
measures to protect the personal information that you provide to us against unauthorised or
unlawful processing and against accidental loss, damage or destruction.

7. Grounds for processing

Our processing of your personal information will be where: (i) it is necessary for the
performance of a contract we have with you; (ii) where you have provided your consent (for
example for us to use cookies and to send you third party marketing); (iii) it is necessary
for us to comply with legal obligations that we are under; or (iv) it is in our (or a third
party’s) legitimate interests and such interests do not prejudice your rights or
freedoms.

Our (or a third party’s) legitimate interests will include:

  • ensuring the Website is as user-friendly as possible so our customers are encouraged to
    use it;

  • promoting our and our Supplier’s businesses to those who are likely to be
    interested in purchasing and/or using our products and services;

  • understanding how the Website is used to help us plan development and improvements to
    its functionality;

  • understanding and predicting supply and demand for instruments displayed on the Website
    and the services we provide over it;

  • facilitating connections between Buyers and Suppliers; and

  • to enable us to benefit from the services and expertise of third party services
    providers.

8. Retention

We will retain your personal information for the period necessary to fulfil the purposes
outlined in this Privacy Policy unless a longer retention period is required or permitted by
law. Accordingly, your personal information shall be maintained for up to seven years
following the end of the services we provide to you / your last contact with us. This
retention period may be extended if any applicable statutory or regulatory obligation requires
us to hold information for a longer period.

9. Links to external websites

The Website may contain links or references to other websites to which this Privacy Policy does
not apply. We strongly encourage you to read the privacy policy of every website you visit as,
once you leave the Website to visit another website, the way in which your personal
information is handled will be subject to a different privacy policy.

10. Changes to this Privacy Policy

We may update this policy in the future and we will take reasonable steps to make you aware of
any changes to it. We also recommend that you revisit this page regularly to keep informed of
our current privacy practices.

11. How to contact us

If you have questions about our Privacy Policy or the privacy and security of your information,
you can contact us using the following details:

Email:

info@amati.com

Mail:

Amati Instruments Limited
The Granary
Llancayo Court
Usk
Monmouthshire
NP15 1HY

Telephone:

+44 (0)20 7099 7114

Auction Terms & Conditions

These terms were last updated on 18th May 2018.

  • About these Terms
    • These terms and conditions (“Terms”) govern:
      • your use of the online auction services on our website www.amati.com;
      • the relationship between Registered Bidders, Buyers and Sellers; and
      • the relationship between you and Amati Instruments Limited, a company
        incorporated in England and Wales with registered office at 4 Prince
        Albert Road, London, NW1 7SN, United Kingdom and with registered number
        08506963 (“we”, “us”).
    • By:
      • using the Auction Services;
      • registering for an Auction Account;
      • placing a bid in an Online Auction; and/or
      • checking the “I have read and agree to the Auction Terms and Conditions
        and Privacy Policy” box on our Website,

      you are agreeing to these Terms and to the processing of any of your personal
      data in accordance with our Privacy Policy (available at
      https://www.amati.com/policy).

    • You may not use the Auction Services if you are under the age of 18 years old. By
      agreeing to these Terms, you represent that you are at least 18 years old.
    • If you do not agree to these Terms you may not use the Auction Services, register
      for an Auction Account or make any bid.
    • We may, at our sole discretion, modify or replace these Terms at any time. It is
      your responsibility to check these Terms periodically for changes and, if you are
      a Registered Bidder, before commencing bidding on any Lot. Your continued use of
      the Auction Services following the posting of any changes to these Terms and/or,
      when you log into your Auction Account, or by checking the “I have read and agree
      to the Terms and Conditions and Privacy Policy” box on the Website, constitutes
      your acceptance of such changes. If you do not agree to such changes, you should
      stop using the Auction Services.
  • Definitions and Interpretation

    All capitalised words and expressions in these Terms have the corresponding meanings
    given to them in Part 1 of the paragraph entitled “Definitions and
    Interpretation”, unless the context requires otherwise. These Terms shall be
    interpreted in accordance with Part 2 of the paragraph entitled “Definitions and
    Interpretation”.

    • SECTION A: Terms of Business for Registered Bidders and Buyers

    In this section, “you” and “your” means you as a prospective or actual Registered Bidder
    and/or a Buyer.

  • Bidder Registrations
    • In order to bid on any Lot in an Online Auction, you must be a Registered Bidder
      at the time that you bid. You may apply to become a Registered Bidder at any time
      by completing and submitting the online application form available at
      https://www.amati.com/register and paying the Credit Check Fee. You
      represent, warrant and undertake to us that all information contained in your
      application is complete, truthful and accurate. It is your responsibility to
      update and maintain any changes to such information through your Auction Account.
    • You acknowledge and agree that:
      • subject to applicable law, we have an absolute discretion whether to
        accept you as a Registered Bidder; and
      • we may carry out credit checks and identity verification checks on you in
        accordance with our Privacy Policy.
    • If your application to become a Registered Bidder is successful, we will notify
      you by email at the address provided by you in your application.
    • We reserve the right to ask you at any time, whether before or after you are
      accepted as a Registered Bidder, to provide us with a bank guarantee, payment in
      advance or a financial reference in order for you to be permitted to bid on any
      Lot in an Online Auction.
    • We reserve the right to cancel your Registered Bidder status and close your
      Auction Account by giving you notice to that effect at any time (whether before,
      during or after any Online Auction) if you fail to make payment for any Lot in
      accordance with Clause 10.
  • Account and password security

    If you become a Registered Bidder, we will provide you with access to our Online
    Auctions through a designated Auction Account using a username and password system.
    You are responsible for maintaining the confidentiality of your password and access to
    your Auction Account, and are responsible for all activities that occur under your
    Auction Account. In particular, you agree that we shall be entitled to treat all
    activities conducted through your Auction Account as having been made by you. You
    should therefore not provide or allow access of any kind to your Auction Account to
    any other person since it is possible that, if you do, they may use your Auction
    Account to make bids, and therefore commit you to purchasing items you had not
    intended to purchase. You agree to immediately notify us of any unauthorised use of
    your Auction Account or of any other breach of security. We cannot and will not be
    liable for any loss, damage or other liability arising from your failure to comply
    with this Clause or from any unauthorised access to or use of your Auction Account,
    including any use that results in you being bound as Buyer to pay for any Lot.

  • Agent for the Seller and liability for Seller breaches
    • We act as agent for the Seller and not as a principal. Accordingly you acknowledge
      and accept that we shall not be liable for any breach of these Terms by the
      Seller.
    • Any sale of goods through an Online Auction will result in a contract made between
      the Seller and the Buyer (“Contract of Sale”). We are not and shall not be a party
      to any Contract of Sale.
  • Lots: pre-auction inspections and enquiries
    • We may, at our discretion make available (on the Website or otherwise) a condition
      report in respect of a Lot (“Condition Report”).
    • Subject to Clauses 6.3 and 6.4, we will use reasonable care when preparing a
      Condition Report.
    • You acknowledge that:
      • we make available Condition Reports as a courtesy to Registered Bidders,
        prospective Registered Bidders and Buyers;
      • Condition Reports are provided for general information purposes only;
      • Condition Reports are not intended to amount to advice on which you should
        rely; and
      • the Condition Report is not intended to be a comprehensive description of
        the condition of the Lot, and where the Condition Report refers to defects
        or other imperfections in the Lot, you acknowledge that there may be other
        defects and/or imperfections in the Lot that are not expressly mentioned
        in the Condition Report.
    • If you are a Registered Bidder, you acknowledge that:
      • we do not carry out extensive due diligence on Lots and it is entirely at
        our discretion whether to seek expert advice on any Lot;
      • where we make any statement describing the Lot, whether in a Condition
        Report, on the Website, orally or otherwise, we are merely expressing an
        opinion and we do not (and nor does the Seller) give any warranty, promise
        or guarantee or make any representation of fact whatsoever as to the
        origin, quality, state of repair, condition, age, maker, attribution,
        authenticity, history and/or value of a Lot, and accordingly, it is your
        responsibility to satisfy yourself as to these matters before bidding for
        any Lot that you are interested in;
      • you rely only on your inspection, independent enquiries and independent
        due diligence in deciding whether to Bid or to buy any Lot and you will
        not rely on the Condition Report or on any statement or representation
        concerning, or description of the Lot published or made by us on the
        Website or otherwise; and
      • all Lots are sold “as is” and accordingly we are not responsible for any
        fault or defect in any Lot. Nothing in this Clause 6.4 is intended to
        exclude our liability for fraud or fraudulent misrepresentation.
    • Lots are available for inspection by prior appointment. Please contact us at
      info@amati.com or +44 (0)20 7099 7114 to arrange an appointment.
    • Images published on the Website are not intended to provide a full or complete
      description of any Lot. Images are for guidance only and should not be relied upon
      to determine any aspect of any Lot.
    • Where we give an estimate (whether in writing, on the Website or by any other
      means) as to the price that a Lot will achieve in an Online Auction, you
      acknowledge that such estimate is given only as an opinion and is not a
      representation or warranty as to the actual price that the Lot will achieve.
  • Conduct of Online Auctions
    • All Online Auctions shall be conducted on a timed basis. The start and end time of
      each Online Auction will be shown on the Website. We may at our discretion close
      early or extend any Online Auction, for example, as a result of technical issues.
      No bid will be accepted before an Online Auction has begun or after an Online
      Auction has closed.
    • If a bid is placed within the final 5 minutes of an Online Auction, the duration
      of such Online Auction shall be automatically extended for a further 2 minutes.
      This process shall be repeated until such time that a bid is not made within the
      last 5 minutes of the Online Auction.
    • Registered Bidders may only place bids via the Website. Subject to Clause 8, we
      will not accept any bids by telephone or in writing.
    • We reserve the right to withdraw a Lot at any time if:
      • we doubt the authenticity of the Lot;
      • we doubt the Seller’s title to or ownership of the Lot or the Seller’s
        lawful right to sell the Lot;
      • we reasonably believe that any information provided to us by the Seller in
        relation to the Lot is untrue or incorrect;
      • we believe that the Seller is in breach of any of the warranties in Clause
        16.1; or
      • we believe that it would be unsuitable to put up the Lot for auction.
    • We reserve the right, in our absolute discretion, to divide and/or combine any
      Lots.
    • The winning bid in any Online Auction will be the highest bid that:
      • exceeds the Reserve Price, if any (and subject to Clause 19.7);
      • complies with these Terms; and
      • meets any other additional conditions published in the description of the
        item (if any) on the Website at the time that the auction ends (“Winning
        Bid”).
    • We may, in our absolute discretion, select and modify the increments that bids
      will follow in any Online Auction.
    • We reserve the right to cancel or avoid an Online Auction or the result thereof
      (including by way of revoking a Winning Bid) if and to the extent a system failure
      results in the Online Auction not functioning as it should or publishing an
      incorrect outcome. In the event of such a system failure, we will notify you as
      soon as reasonably practicable of such error and the action we have decided to
      take to rectify the failure. This may involve us relisting a Lot for a future
      Online Auction.
  • Absentee Bids
    • If you are a Registered Bidder, you may ask us to bid on your behalf in an Online
      Auction by submitting an Absentee Bid Request in person or emailing your Absentee
      Bid Request to info@amati.com. You must submit your Absentee Bid Request no later
      than 24 hours before the commencement of the relevant Online Auction. Our services
      for absentee bidders are provided free of charge as a courtesy and may be
      withdrawn at any time. We make no promise and give no warranty or guarantee that
      we will meet a particular request to make an absentee bid, even if the Absentee
      Bid Request is received within the time limit stipulated in this Clause.
      Accordingly we accept no liability for any failure to make an absentee bid. If we
      make an absentee bid, we will use reasonable efforts to follow the instructions
      contained in the corresponding Absentee Bid Request.
    • If we receive more than one Absentee Bid Request in respect of a particular Lot,
      and the bids are for identical amounts and at the close of the Online Auction, the
      absentee bids are the highest bids for the Lot, the Winning Bid shall be the
      absentee bid that we received first.
  • Unsold Lots
    • If at the end of the Online Auction, a Lot is unsold (other than because we have
      withdrawn it), the Lot may be automatically added to an after sale list which is
      published after the Online Auction ends (“After Sale List”).
    • You may contact us and offer to purchase a Lot from the After Sale List. If your
      bid exceeds the Reserve, we may authorise the sale of your Lot without contacting
      the Seller and the sale will be completed as if the Lot had been sold in the
      Online Auction. If your offer is less than the Reserve, we will contact the Seller
      to discuss whether they wish to proceed with the sale. If they do, the sale will
      be completed as if the Lot had been sold in the Online Auction.
  • Winning Bids, Payment, Title and Risk
    • If your bid is the Winning Bid in relation to a Lot, you will be a “Buyer” for the
      purpose of these Terms.
    • The Winning Bid constitutes an offer to purchase the Lot from the Seller at the
      Hammer Price, which we (acting as the Seller’s agent) may accept in our
      discretion. We will notify you by email and/or through your Auction Account at the
      end of the Online Auction if you are the person who submitted the Winning Bid and
      whether we (as the Seller’s agent) have accepted your offer to purchase the
      Lot. In case we are unable to do this, or you are not able to access the Website
      or if for any reason you are unsure, you are strongly advised to contact us at
      info@amati.com or +44 (0)20 7099 7114 as soon as possible after the end of the
      Online Auction in order to find out whether you have submitted the Winning Bid and
      whether your offer to purchase the Lot has been accepted. Until you have received
      confirmation from us that we have accepted your offer to purchase the Lot at the
      Hammer Price from the Seller, neither we nor the Seller are obliged to sell the
      Lot to you.
    • Once you have received confirmation that the Seller has accepted your offer to
      purchase the Lot at the Hammer Price, you will:

      • provide us with the following information promptly at our request: your
        name and permanent address and details of how the payment will be made;
        and
      • pay us: (i) (as agent for the Seller) the Hammer Price for that Lot, and
        if applicable, VAT; and (ii) the Buyer Premium together with VAT (if
        applicable), and you must make your payment in full within 7 days after
        the Date of Sale. You may make payment by credit or debit card (Visa or
        MasterCard) or by wire transfer in GBP (we can only accept payments in
        GBP).
    • From time to time, we may offer free or discounted shipping deals on the Website.
      Whether or not we offer such deals, the countries to which they relate, and for
      how long we extend such offers is entirely at our discretion, and we may withdraw
      or change those deals by updating the relevant section of the Website as we see
      fit.
    • Subject only to Clause 10.4 above, it is your responsibility to arrange and bear
      the cost of:

      • collection of the Lot from us, including all packing, carriage and
        delivery charges; and
      • all necessary export licences, import licences and/or other permissions
        (if any) that you may require for your use, transport and/or shipping of
        the Lot. Failure to obtain any necessary licences or permissions shall not
        excuse your obligation to make payment under these Terms.
    • Import VAT for instruments imported from outside, and remaining within, the EU are
      5% if over 100 years old or 20% if under 100 years old.
    • Title to the Lot shall pass to you on payment in full of all amounts referred to
      in Clause 10.3 in cleared funds. Risk shall pass to you on collection of the Lot
      from us or, if sooner, 7 days after the end of the Online Auction for the relevant
      Lot.
    • You accept that we are not under any obligation to deliver up the Lot to you until
      payment in full of all amounts referred to in Clauses 10.3 and 10.7.
    • Our premises are not designed or intended to be used as long-term storage
      solutions. If you fail to collect your purchased item(s) within 7 days after the
      end of the Online Auction for the relevant Lot, whether or not payment has been
      made under Clause 10.3, you shall pay us a fee of £2 per day for every day that
      the Lot remains uncollected beyond such 7-day period to cover our costs for
      storing the Lot.
  • Right to cancel
    • If you are an individual acting for purposes which are wholly or mainly outside
      your trade, business, craft or profession and you buy a Lot from a Seller who is
      acting for purposes relating to the Seller’s trade, business, craft or
      profession, you may cancel your purchase of the Lot any time within 14 days
      beginning on the day after you come into physical possession of the Lot by: (i)
      using the model cancellation form which can be found at the end of these Terms
      (but this is not obligatory); (ii) writing to us at The Granary, Llancayo Court,
      Usk, Monnmouthshire, NP15 1HY; or (iii) emailing us at info@amati.com.
    • If you exercise your right to cancel your purchase, please return the Lot to us
      promptly (and in any event within 14 days of you notifying us of cancellation) in
      the same condition you received it (at your own cost and risk). We will provide
      you with a refund on behalf of the Seller within 14 days of our receipt of the
      returned Lot (or evidence that you have returned it). If any Lot is damaged, or we
      reasonably believe you have tampered with it, we may deduct an amount from any
      refund due to you up to the total price you paid for the Lot.
  • Failing to pay
    • If, as Buyer, you fail to make payment within 7 days after the Date of Sale, we
      shall be entitled (in addition to any rights and remedies that we and/or the
      Seller may have under these Terms, at law or otherwise) to:

      • charge interest from the due date until the date of actual payment
        (whether before or after judgment) at the rate of 4% above the base rate
        of C. Hoare & Co from time to time, such interest to accrue on a
        monthly basis and to be compounded quarterly;
      • set-off the overdue amount against any liability or amount that we owe to
        you at the relevant time;
      • exercise a lien on any of your property which may be in our possession,
        and if the overdue amount remains unpaid 14 days after the date of our
        notice to you informing you that payment is overdue, we shall be entitled
        to sell such property and apply the proceeds towards discharge (or partial
        discharge) of the overdue amount;
      • cancel the sale of the Lot to you;
      • cancel the sale of any other Lots to you for which you have yet to make
        payment (whether or not payment is overdue); or
      • at our discretion, arrange to sell the Lot to a third party whether
        through another Online Auction or otherwise, and, if the price achieved on
        that sale is lower than the Hammer Price from your Winning Bid, we shall
        have the right to claim the difference from you, together with all costs
        incurred by us and the Seller as a result of your failure to make payment.
    • If you owe us amounts in respect of different Winning Bids, we may, at our
      discretion, apply any amount that we receive from you to discharge any amount owed
      in respect of any particular Winning Bid.

    • SECTION B: Terms Applicable to Sellers

    In this section, “you” and “your” means the Seller.

  • Appointment; Commission on Sale; Additional Costs
    • You appoint us as agent to sell the Lot on your behalf through our Online
      Auction.
    • Our representative conducting the auction is the auctioneer (“Auctioneer”).
    • The Auctioneer shall be solely responsible for the regulation and control of the
      Online Auction, and shall run Online Auctions in accordance with these Terms.
    • In consideration of us providing the Auction Services, you will pay us the
      Seller’s Commission together with VAT, payment to be made in accordance with
      Clause 13.7.
    • You will deliver the Lot to us on the delivery date that we agree with you, and
      you will bear all packing, shipping, transit and insurance costs, customs duties
      and agreed restoration costs, all agreed examination fees and expert fees and
      expenses, and all costs of storing the Lot up to the date falling 7 days after the
      end of the Online Auction, together with VAT (“Additional Expenses”).
    • We will not include any Lot in an Online Auction until we have received delivery
      of the Lot from you.
    • Unless Clause 21 applies, we will account to you for the Hammer Price from the
      sale of your Lot through our Online Auction, having first deducted and retained:

      • the Seller’s Commission;
      • all Additional Expenses that we have incurred in connection with your
        Lot;
      • any other amounts owed by you to us that are due and payable; and
      • all applicable VAT on the above, (the “Net Hammer Price”).

      We will pay the Net Hammer Price to you 35 days after the Date of Sale, or if
      later, 7 days after we receive payment from the Buyer for the relevant
      Lot.

  • Cost calculator

    We may, at our discretion, make available on the Website functionality (a “Cost
    Calculator”) to assist you in estimating the Seller’s Commission, VAT, and/or
    import or export duties that may payable in respect of the sale of a Lot through an
    Online Auction (“Costs of Sale”) You acknowledge and agree that the Cost Calculator is
    intended to provide an indicative calculation only of the Costs of Sale, and that the
    actual Costs of Sale may vary from the result generated by the Cost Calculator.
    Accordingly, we will not be liable (whether in contract, tort (including negligence)
    or otherwise for any discrepancy between the output of the Cost Calculator and the
    actual Costs of Sale that you incur.

  • The Reserve
    • We will agree with you the Reserve, which may be higher than the starting bid but,
      subject to Clause 19.7, shall not exceed the low estimate for that Lot published
      on the Website.
    • We may agree the Reserve with you in a currency other than pounds sterling
      (“Non-Sterling Reserve”), in which case the Reserve shall be the pound sterling
      equivalent of the Non-Sterling Reserve determined on the business day immediately
      preceding the date on which the Online Auction ended using the closing exchange
      rate of C. Hoare & Co.
    • We will not publicise the Reserve on the Website or otherwise.
    • We may, at our discretion, sell the Lot for a sum less than the Reserve provided
      that we shall account to you for the difference between the actual sale price and
      the Reserve.
    • We may bid on your Lot up to an amount equal to the Reserve. You may not bid on
      your Lot under any circumstances, nor may you permit any person to bid on your Lot
      on your behalf.
  • Seller’s obligations and undertakings
    • You warrant to us and to the Buyer that:
      • you are the sole owner of the Lot submitted by you for sale through our
        Online Auction and that you have full right, title and authority to sell
        the Lot;
      • you have no reason to believe that the Lot is a Forgery;
      • all Lots sold by you through our Online Auction are sold to the relevant
        Buyer with full title guarantee and free from all encumbrances;
      • you have provided to us all of the relevant information and documents in
        your possession or control concerning the Lot, including information about
        its authenticity, history, condition, prior ownership and all such
        information is complete and accurate to the best of your knowledge;
      • you have given us notice in writing of any information (written, oral or
        otherwise) expressing any concern as to the ownership or authenticity of
        the Lot;
      • there is no restriction on our right to make Images of the Lot or to use
        those Images as we see fit, whether in connection with promoting the Lot,
        the relevant auction or the Amati business generally;
      • if the Lot has been removed from a country outside the European Union all
        duties and taxes on the export and import of the Lot have been paid, all
        export and import declarations have been properly made;
      • you will pay any and all taxes and/or duties that may be due in connection
        with the sale of the Lot;
      • you have given us notice in writing of any material alterations to the Lot
        of which you are aware; and
      • you may not withdraw the Lot from an Online Auction without our consent.
    • If you withdraw a Lot from an Online Auction without our consent, you will pay to
      us an amount equal to 15% of the Lot’s estimate (pursuant to Clause 6.7)
      within 14 days of such withdrawal. We shall be entitled to set-off such amount
      against any liability or amount that we owe to you at such time, in order to
      compensate us for time and materials spent preparing the Lot for and listing the
      Lot in the Online Auction.
    • If you are acting for purposes relating to your trade, business, craft or
      profession, you must comply with the Buyer’s right to cancel pursuant to
      Clause 11. If the Buyer of your Lot chooses to exercise their right to cancel, you
      agree that we shall be entitled to account directly to the Buyer for any
      applicable refund and we shall account to you (in accordance with Clause 13.7) for
      any sums retained on account of the Lot being damaged or tampered with by the
      Buyer.
    • You will indemnify us and the Buyer in full on demand against all claims, costs or
      expenses incurred by us or the Buyer as a result of any breach by you of any of
      the warranties or obligations contained in this Clause 16.
  • Images

    We may take photographs, video and/or produce images of a Lot (“Images”) (and/or
    authorise others to do so on our behalf). We will own all intellectual property rights
    in Images and may use Images for any purpose whatsoever.

  • Risk; Loss Damage Warranty
    • All Lots held by us are covered by insurance against risk of fire, burglary, water
      damage and accidental damage except to glass or damage caused by woodworm or
      change in atmospheric conditions. For this facility we will charge you 1.5% plus
      VAT of the Hammer Price for the applicable Lot or the value the Lot might have
      achieved as assessed by the Auctioneer. The value of the Lot shall be the net
      proceeds of the sale or the assessed value net of charges.
    • Subject to Clause 18.1, risk in the Lot remains with you at all times until risk
      passes to the Buyer pursuant to Clause 10.6. You will indemnify us and our
      employees and agents, and the Buyer (where applicable) (“Indemnified Parties”)
      against all losses, damages, claims, costs and expenses suffered or incurred by an
      Indemnified Party as a result of any claim in respect of the Lot or the proceeds
      of sale of the Lot.
  • Unsold Lots
    • If at the end of the Online Auction, your Lot is unsold (other than because we
      withdrew it pursuant to Clause 7.4), the Lot may be automatically added to the
      After Sale List.
    • A Registered Bidder may contact us and offer to purchase a Lot from the After Sale
      List. If the Registered Bidder’s bid exceeds the Reserve, we may authorise
      the sale of your Lot without contacting you and the sale will be completed as if
      the Lot had been sold in the Online Auction. If the Registered Bidder’s
      offer is less than the Reserve, we will contact you to discuss whether you wish to
      proceed with the sale. If you wish to proceed, we will request confirmation in
      writing from you to that effect, and the sale will then be completed as if the Lot
      had been sold in the Online Auction.
    • You may contact us at any time after the Online Auction has ended to remove your
      Lot from the After Sale List. Removal of your Lot from the After Sale List will
      not be confirmed until you have received written confirmation from us to that
      effect. If your Lot is not removed but remains unsold after 30 days of the After
      Sale List being published, we will automatically remove it and notify you.
    • Within 30 days after the date of your notice to us, or of our notice to you, in
      accordance with Clause 19.3, you may elect either to re-enter the Lot into another
      Online Auction in accordance with these Terms, or to collect the Lot from us.
    • If you elect to collect the Lot from us, you will bear all associated cost,
      expenses and duties.
    • Our premises are not designed or intended to be used as long-term storage
      solutions. If a Lot has not been collected within 30 days after the date of the
      notice referred to in Clause 19.3, you shall pay us a fee of £2 per day for every
      day that the Lot remains uncollected beyond such 30-day period to cover our costs
      for storing the Lot. We will not be under any obligation to deliver up the Lot to
      you until you have paid all outstanding amounts.
    • If the Lot has not been collected within 60 days after the date of the notice
      referred to in Clause 19.3, you authorise us to dispose of the Lot as we see fit
      and that we may sell it (as your agent) by Online Auction subject to these Terms,
      save that we may apply such estimate and reserve as we think fit. Following such
      sale, we shall account to you for the Net Hammer Price in accordance with these
      Terms.
  • Withdrawn Lots
    • If we withdraw a Lot pursuant to Clause 7.4, we will notify you in writing and you
      will arrange to collect the Lot from us, collection to be made no later than 30
      days after the date of our notice.
    • If a withdrawn Lot remains uncollected more than 30 days after the date of our
      notice under Clause 20.1, then you shall pay us a fee of £2 per day for every day
      that the Lot remains uncollected beyond such 30-day period. We will not be under
      any obligation to delivery up the Lot to you until you have paid all outstanding
      amounts.

    • SECTION C: Terms applicable to Sellers and Buyers

  • Forgeries
    • Subject to the remainder of this Clause 21, a sale shall be cancelled and, subject
      to the provisions of this Clause, the Buyer shall be entitled to a refund of both
      the Hammer Price and the Buyer Premium if a Lot bought by the Buyer through our
      Online Auction is shown to our satisfaction to be a Forgery.
    • Within 90 days after the Date of Sale of the relevant Lot, the Buyer shall notify
      us in writing that the Buyer has reason to believe that the Lot is a Forgery.
    • As soon as reasonably practicable (and in any event within 14 days after the date
      of the Buyer’s notice under Clause 21.2):

      • the Buyer shall return the Lot to us in the same condition as at the Date
        of Sale; and
      • provide us with written evidence to support the Buyer’s assertion that the
        Lot is a Forgery.
    • Any cancellation of the sale and refund under this Clause is conditional upon the
      Buyer having good title to the Lot free from third party claims and having not
      encumbered the Lot in any way on or after the Date of Sale.
    • We shall not be obliged to cancel the sale or refund any amounts if:
      • the description of the Lot on the Website was consistent with the
        generally accepted opinion of experts at that time;
      • the description of the Lot on the Website gave a fair indication that
        there was a conflict of opinions as to the authenticity of the Lot; or
      • the only means of demonstrating that the Lot is a Forgery are through
        either a scientific process not generally accepted for use until after
        publication of the description of the Lot on the Website or a through
        process which at the date of the auction was unreasonably expensive or
        impracticable or likely to have caused damage to the Lot.
    • We shall not under any circumstances be required to refund the Buyer any more than
      the amount paid by the Buyer for the Lot concerned and the Buyer shall have no
      claim for interest.
    • The Buyer may not assign the benefit of this refund guarantee.
    • We shall be entitled to rely on any scientific or other process to establish that
      the Lot is not a Forgery.
    • If we are satisfied that the Lot is a Forgery, then we shall:
      • notify the Buyer and the Seller in writing;
      • within 14 days of our notice, refund to the Buyer the Buyer Premium paid
        by the Buyer to us in respect of the Lot; and
      • follow the process under Clause 21.10 to obtain from the Seller a refund
        of sums paid to the Seller in respect of the Lot.
    • In circumstances where the Buyer is entitled to a refund under this Clause 21,
      and, where payment has already been made to the Seller in respect of that Lot:

      • the Seller shall refund to us (to hold for the Buyer), on demand, the
        total amount paid to the Seller for the relevant Lot following sale
        through the Online Auction; and
      • until the Seller makes the refund, we shall exercise a lien over any
        property of the Seller under our control as security for the amount of the
        refund due. If the Seller fails to pay the refund within 14 days after the
        date of our written notice, we shall be entitled to sell such property and
        apply the proceeds towards discharge of the amount owed.
    • The Buyer acknowledges that, in certain circumstances, it is possible that we may
      not receive a full refund from the Seller. For example, the Seller may have become
      bankrupt or insolvent, or it may be disproportionately difficult or costly to
      pursue the Seller for payment. While we will use our reasonable endeavours to
      obtain a full refund or, in the event that we exercise our rights under Clause
      19.7 above to sell the property, we will use our reasonable endeavours to achieve
      a reasonable price for it, the Buyer acknowledges and agrees that there may be a
      shortfall between the amount refunded or realised, and the Hammer Price paid by
      the Buyer. We will only be obliged to pay the Buyer the amount refunded or
      realised, and will not in any event be obliged to pay the Buyer any shortfall. We
      will pay to the Buyer the amount refunded or realised within 21 days of receipt of
      the refund from the Seller, or 21 days of receiving the amount realised, as the
      case may be.
    • The Seller shall bear all packing, shipping, transit, storage and insurance costs
      incurred by us and/or the Buyer in connection with the return of the Lot to us
      under Clause 21.3 and our storage of the Lot pending collection of the Lot by the
      Seller.
  • Premises

    Every person on our premises (whether to inspect a Lot pursuant to Clause 6.5, to
    deliver or collect a Lot, or otherwise) shall be deemed to be there at their own risk
    and, subject to Clause 24.2, shall have no claim against us in respect of accident or
    loss, however caused.

  • Force Majeure
    • If a party to these Terms is prevented, hindered or delayed from the performance
      of any of its obligations under these terms (“Affected Obligations”) by Force
      Majeure, that party (the “Claiming Party”) shall as soon as reasonably possible
      and in any event within 5 days after commencement of the Force Majeure serve
      notice in writing on the other relevant party or parties specifying the nature and
      extent of the Force Majeure.
    • The Claiming Party shall have no liability in respect of any delay in performance
      or any non-performance of an Affected Obligations save for any payment obligation
      which shall continue in full force and effect. The time for performance of an
      Affected Obligation shall be extended to the extent that the delay or
      non-performance is due to Force Majeure.
    • The Claiming Party shall take reasonable steps (without being obliged to incur any
      expenditure or cost) to mitigate the effect of the Force Majeure on the
      performance of the Affected Obligations.
  • Exclusions and Limitations of Liability
    • Save as expressly set out in these Terms, we and the Seller exclude to the fullest
      extent permitted by law all warranties and conditions, whether express or implied
      by statute, common law or otherwise.
    • Nothing in these Terms shall operate to exclude or limit the liability of a party
      in respect of death or personal injury resulting from that party’s own negligence,
      for fraud or for any liability that cannot be excluded or limited under applicable
      law.
    • No party to these Terms shall be liable to any other in contract, tort (including
      negligence) or otherwise for any indirect or consequential losses, or for any loss
      of profits, loss of goodwill, loss of revenue, loss of business or loss of
      anticipated savings.
    • Subject to Clauses 24.2 and 24.3, our liability to you or any Registered Bidder,
      Buyer or Seller in contract, tort (including negligence, breach of statutory duty,
      misrepresentation or otherwise) or for any other cause of action arising by reason
      of or in connection with these Terms and/or that party’s use of the Auction
      Services shall not exceed a total aggregate amount equal to:
      • if you are a Registered Bidder, Buyer or Seller and your claim relates to a
        Lot sold through an Online Auction, £15,000 or the Hammer Price for the
        relevant Lot, whichever is greater; or
      • in all other circumstances, £5,000.
    • We will not be responsible or liable for errors and omissions to execute bids
      placed on-line, caused by:

      • a loss of internet connection;
      • a breakdown or interruption of the on-line bidding system; or
      • a breakdown or failure of any internet connection, computer or IT
        system.
  • Governing law

    • These Terms are governed by and interpreted in accordance with the laws of England and
    Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to
    bring proceedings in connection with these Terms you must do so in the courts of England
    and Wales, unless you live in Scotland, in which case you can choose to bring proceedings
    there, or in Northern Ireland, in which case you can choose to bring proceedings
    there.

  • Language

    • English is the only language in which these Terms are offered.

  • Severability

    • All or any part of any term of these Terms that is found to be unfair or unenforceable by a
    court of competent jurisdiction will be treated as deleted and the remainder of the Terms
    will continue to govern each of our respective obligations.

  • Notices
    • Any notice from you to us must be sent in writing to us at the address set out in
      Clause 1.1 above.
  • Third parties
    • These Terms are personal to you and no third party is intended to benefit under
      these Terms.
    • These terms do not create or confer any rights or benefits under the Contracts
      (Rights of Third Parties) Act 1999 on any person who is not a party to these
      terms.

Definitions and Interpretation

Part 1

In these Terms, the following words and expressions shall have the following meanings, unless
the context requires otherwise:

Affected Obligation

has the meaning given to that expression in Clause 23.1;

Absentee Bid Request

means a request by a Registered Bidder for us to make a bid or bids in an Online
Auction in accordance with the Registered Bidder’s instructions on their
behalf;

Additional Expenses

has the meaning given to that expression in Clause 13.5;

Affected Obligations

has the meaning given to that expression in Clause 23.1;

After Sale List

has the meaning given to that expression in Clause 9.1;

Auction Account

means a designated, password protected, online account through which Registered
Bidders may participate in Online Auctions;

Auctioneer

has the meaning given to that expression in Clause 13.2;

Auction Services

means the functions and facilities available on the Website connected with an
Online Auction including those for viewing any Lot or Lots and their corresponding
descriptions, submitting an application to become a Registered Bidder, submitting
an Absentee Bid Request, participating in an Online Auction, and/or appointing us
to act as agent for you as Seller;

Buyer

means the Registered Bidder who made the Winning Bid for a Lot in an Online
Auction;

Buyer Premium

means 20% of the Hammer Price (excluding VAT);

Claiming Party

has the meaning given to that expression in Clause 23.1;

Condition Report

has the meaning given to that expression in Clause 6.1;

Contract of Sale

has the meaning given to that expression in Clause 5.2;

Cost Calculator

has the meaning given to that expression in Clause 14;

Costs of Sale

has the meaning given to that expression in Clause 14;

Credit Check Fee

means the sum of £1 (excluding VAT);

Date of Sale

means the date on which the Online Auction closed;

Force Majeure

means the occurrence of any cause or event that is beyond the reasonable control of
the Claiming Party provided that the Claiming Party is without fault in causing or
failing to prevent such occurrence, including war, riot, civil commotion,
terrorist attack, fire, flood or storm, failure of the internet, strikes, lockouts
or other industrial disputes;

Forgery

means an item that is an imitation, originally conceived with the intention of
deceiving any person as to the authorship, origin, age, period, culture or source
of the item, where the correct description as to such matters is not reflected by
the description in the catalogue. No item shall be a Forgery solely because it has
undergone restoration or repairs of any kind;

Hammer Price

means, in relation to a Lot, the highest bid placed in the Online Auction at the
time that the Online Auction closed;

Images

has the meaning given to that expression in Clause 17;

Lot

means an item or items delivered to us by a Seller for sale through an Online
Auction;

Net Hammer Price

has the meaning given to that expression in Clause 13.7;

Non-Sterling Reserve

has the meaning given to that expression in Clause 15.2;

Online Auction

means the sale of a Lot by means of a timed auction in which Registered Bidders may
place bids through the Website;

Registered Bidder

means a person who has registered with us in accordance with Clause 3 and to whom
we have given an Auction Account;

Reserve

means (subject to Clause 15.3) the price agreed between us and the Seller to be the
lowest price at which the relevant Lot may be sold;

Seller

means the owner of a Lot;

Seller’s Commission

means that percentage of the Hammer Price as has been agreed between us and the
Seller (excluding VAT);

VAT

means value added tax or any similar sales tax;

Terms

has the meaning given to that expression in Clause 1.1;

we,
us

has the meaning given to that expression in Clause 1.1;

Website

means our Online Auction platform located at www.amati.com;

Winning Bid

has the meaning given to that expression in Clause 7.6; and

you, your

means the Registered Bidder, Buyer, or Seller, as applicable in each case.

Part 2

In these Terms, (except where the context otherwise requires):

  • the singular includes the plural and vice versa,
  • references to a person include any individual, firm, company, corporation, government,
    state or agency of a state or any association, trust, joint venture, consortium or
    partnership (whether or not having a separate legal personality);
  • references to “written” or “in writing” include faxes and email and other electronic
    formats;
  • the words “including” and “in particular” and any similar words or expressions are by way
    of illustration and emphasis only and do not operate to limit the generality or extent of
    any other words or expressions;
  • references to “Clauses” refer to clauses of these Terms; and
  • the headings are for convenience only and do not affect the interpretation of these
    Terms.

The following model cancellation form should only be used if you are entitled to a statutory
right to cancel as described in Clause 11.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: Amati Instruments Limited, The Granary, Llancayo Court, Usk, Monmouthshire, NP15 1HY,
email: sarah@amati.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following
goods [*]

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate

Auction Valuation Terms & Conditions

These terms were last updated on 23 January 2018.

  • About these Terms
    • These terms and conditions (“Terms”) govern the relationship between you and Amati
      Instruments Limited, a company incorporated in England and Wales with registered
      office at 4 Prince Albert Road, London, NW1 7SN, United Kingdom and with
      registered number 08506963 (“we”, “us”) in respect of our provision and your use
      of the online valuation service (“Valuation Service”) on our website www.amati.com
      (“Website”). Your use of our Website in general shall be governed by our terms and
      conditions of website use and, should you wish to participate in one of our
      auctions, such participation shall be governed by our auction terms.
    • By:
      • using the Valuation Service; and/or
      • checking the “I have read and agree to the Valuation Terms and Conditions”
        box on the Website,

        • you are agreeing to these Terms. If you do not agree to these Terms you may
        not use the Valuation Service.

    • You may not use the Valuation Service if you are under the age of 18 years old. By
      agreeing to these Terms, you represent that you are at least 18 years old.
    • We may modify or replace these Terms at any time to reflect changes in the law, or
      to meet regulatory requirements and will endeavour to notify you of these changes,
      although please also check these Terms periodically for such changes. If we make
      substantive changes to these Terms for any other reason, we will endeavour to
      notify you of such changes. Your continued use of the Valuation Service following
      the posting of any changes to these Terms and/or, when you log into your account,
      or by checking the “I have read and agree to the Terms and Conditions” box on the
      Website, constitutes your acceptance of such changes. If you do not agree to such
      changes, you should not use the Valuation Service.
  • The Valuation Service
    • The Valuation Service enables users to provide us with details of their musical
      instruments (“Instruments”) in order for us to provide a valuation of those
      Instruments (“Valuation”).
    • You can apply for a Valuation by completing our online form and paying a one-off
      fee (“Valuation Fee”). [Once you have submitted the online form, we will confirm
      your request for a Valuation via email to the address provided.]
    • Once we have confirmed your application for a Valuation, we will undertake the
      Valuation and deliver the Valuation to you [via email] [as soon as reasonably
      practicable, and will endeavour to meet any timescale estimates provided to you in
      our confirmation email].
    • We reserve the right at any time to modify, suspend or discontinue, temporarily or
      permanently, the Valuation Service for any reason with or without notice, however
      we will complete all Valuations which have been confirmed.
    • If we do not confirm a Valuation, or if we cancel a Valuation, and you have
      already paid the Valuation Fee, we will give you a refund equal to the Valuation
      Fee that you have paid. You agree that we shall not otherwise be liable to you or
      to any third party for any loss caused by modification, suspension or
      discontinuance of the Valuation Service.
    • The Valuation Service may be suspended or restricted occasionally to allow for
      maintenance, repairs, upgrades, or the introduction of new functionality or
      services. Further, due to the inherent nature of the internet, errors,
      interruptions and delays may occur on our Website at any time.
    • You are responsible for making all arrangements (including technical arrangements)
      necessary for you to access the Valuation Service.
  • Valuations
    • Subject to paragraphs 3.2 to 3.5 (inclusive), we will use reasonable skill and
      care when preparing a Valuation.
    • You acknowledge that:
      • all Valuations are carried out solely on the basis of the information,
        photographs and other materials you provide to us, and you warrant that all such
        information you provide to us is true, accurate, up to date and not misleading in any
        way;
      • we have no responsibility or liability for keeping or returning any
        information, photographs or other materials that you send to us in order for us to
        prepare Valuations;
      • we do not carry out any additional due diligence on Instruments when making
        Valuations;
      • Valuations are intended for approximation purposes only and do not constitute
        warranties or statements of authorship or value of any kind; and
      • any Valuations given are subject to re-evaluation after the Instrument is
        examined in person by a specialist
    • Your Valuation has been prepared for you for auction estimate purposes. However,
      you acknowledge that Valuations are subjective by nature and are given only as an
      opinion. A Valuation is not a representation or warranty as to the actual price that
      an Instrument may achieve at auction.
    • We will not be liable to you on the basis that you disagree with a Valuation that
      we have provided.
    • If at any point you request a future Valuation, you must resubmit all of the
      information requested.
  • Valuation Fee and Payment
    • Our Valuation Fee is currently £50 per Valuation. If the Valuation Fee changes, we
      will set out details of such changes on the Website. We will confirm the
      applicable Valuation Fee at the time when you apply for a Valuation.
    • [You can pay the Valuation Fee using your credit or debit card, or using any other
      payment method accepted by use from time to time. Where you pay by credit of debit
      card, you confirm that the card is yours and that there are sufficient funds or
      credit available to cover the Valuation Fee.
    • Billing will take place once we have sent you a confirmation email pursuant to
      paragraph 2.2, or slightly afterwards.]
    • The Valuation Fee and all other charges on our Website are inclusive of VAT unless
      otherwise stated.
  • Right to cancel
    • If you are an individual acting for purposes which are wholly or mainly outside
      your trade, business, craft or profession and you request a Valuation, you have a
      right to cancel the contract between us pursuant to the Consumer Contracts
      (Information, Cancellation and Additional Charges Regulations) 2013.
    • Your statutory right to cancel lasts for 14 days starting on the day after you
      receive the confirmation email from us in accordance with paragraph 2.2. You can
      exercise your right to cancel by: (i) using the model cancellation form at the end
      of these Terms; (ii) writing to us at 4 Prince Albert Road, London, NW1 7SN; or
      (iii) emailing us at info@amati.com.
    • In agreeing to these Terms you expressly request that we commence our service to
      provide a Valuation to you within the statutory 14-day cancellation period.
    • Once we have completed the Valuation, you will have no right to cancel the
      Valuation, and if we have commenced the Valuation pursuant to your request above
      and you cancel within the statutory 14-day cancellation period, you will have to
      pay for the costs of the services that we have provided up until the point at
      which we receive notification that you wish to exercise your right to cancel.
  • Content
    • As between us and you, and subject to these Terms, you will own all material,
      including information, data, text, graphics, images and other content
      (collectively, “Content”) you provide to us and/or others while using the
      Valuation Service (“your Content”).
    • You agree that all Content, other than your Content, contained in or delivered via
      the Valuation Service or otherwise made available in connection with the Valuation
      Service (collectively, “our Content”) is owned by us or our licensors and is
      protected by copyright, trade mark and/or other intellectual property and other
      proprietary rights and laws. You shall use our Content exclusively for purposes
      that are permitted by these Terms and any applicable laws and regulations. Any
      rights not expressly granted in these Terms are reserved.
    • You agree and acknowledge that the AMATI trade mark is our property and agree not
      to challenge either our ownership or use of the AMATI name or our registration of
      the AMATI trade mark (except on the basis of non-use).
    • You acknowledge and agree that your Content will be true, accurate, current and
      complete and not misleading in any way.
    • You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable,
      royalty-free, transferable right and licence to use your Content in order to
      provide you with a Valuation.
    • You are solely liable for your Content, and represent and warrant that you have
      all rights, power and authority necessary to grant the licence under paragraph
      6.5, and that your Content:

      • does not infringe the rights of any third party;
      • complies with all applicable laws and regulations;
      • is not unlawful, harmful, threatening, harassing, defamatory, obscene,
        libelous, invasive of another’s privacy;
      • does not involve impersonating any person or entity, or falsely stating or
        misrepresenting your affiliation with a person or entity; and
      • does not contain software viruses or any other computer code, files or
        programs designed to interrupt, destroy or limit the functionality of any
        computer software or hardware or telecommunications equipment.
    • You acknowledge and agree that we may store your Content and may also
      disclose your Content for any reason if we deem this to be necessary (under law or
      for any other reason).
  • Exclusions and Limitations of Liability
    • Save as expressly set out in these Terms, we exclude to the fullest extent
      permitted by law all warranties and conditions, whether express or implied by
      statute, common law or otherwise.
    • Nothing in these Terms shall operate to exclude or limit the liability of a party
      in respect of death or personal injury resulting from that party’s own negligence,
      for fraud or for any liability that cannot be excluded or limited under applicable
      law.
    • We shall not be liable to you in contract, tort (including negligence) or
      otherwise for any indirect or consequential losses, or for any loss of profits,
      loss of goodwill, loss of revenue, loss of business or loss of anticipated
      savings.
    • Subject to paragraphs 7.2 and 7.3, our liability to you in contract, tort
      (including negligence, breach of statutory duty, misrepresentation or otherwise)
      or for any other cause of action arising by reason of or in connection with these
      Terms shall not exceed a total aggregate amount equal to the Valuation Fee paid.
  • Notices
    • Notices to you may be sent via either email or regular mail to the address you
      have provided to us.
    • Any notice from you to us shall be sent in writing to us at the address set out in
      paragraph 1.1 above.
  • General
    • These Terms contain the entire agreement between us and you relating to the
      Valuation Service and supersede any previous agreements, arrangements,
      undertakings or proposals, whether written or oral, between us and you relating to
      the Valuation Service. You confirm that you have not been induced to enter into a
      contract on these Terms by any prior representations, whether written or oral,
      except as specifically reproduced in these Terms and you hereby waive any claim
      for breach of any such representations which are not specifically reproduced in
      these Terms.
    • We can assign, sub-contract and/or otherwise transfer any or all of our rights
      and/or obligations under these Terms to any company, firm or person. We can only
      do this if it does not affect your rights under these Terms. You may not assign,
      sub-contract and/or otherwise transfer your rights or obligations under these
      Terms to anyone else except with our written consent.
    • These Terms are personal to you and no third party is intended to benefit under
      these Terms.
    • If we are prevented, hindered or delayed from providing a Valuation owing to
      circumstances beyond our reasonable control, we shall have no liability in respect
      of any delay in provision or any non-provision of such Valuation, and any
      timescale estimates for provision of a Valuation shall be extended
      correspondingly.
    • If you fail to comply with these Terms and we take no action against you, we will
      still be entitled to enforce our rights against you in relation to that breach and
      to use our rights and remedies in any other situation where you breach these
      Terms.
    • All or any part of any term of these Terms that is found to be unfair or
      unenforceable by a court of competent jurisdiction will be treated as deleted and
      the remainder of the Terms will continue to govern each of our respective
      obligations.
    • English is the only language in which these Terms are offered.
    • These Terms are governed by and interpreted in accordance with the laws of England
      and Wales (or the laws of Scotland or Northern Ireland if you live there). If you
      choose to bring proceedings in connection with these Terms you must do so in the
      courts of England and Wales, unless you live in Scotland, in which case you can
      choose to bring proceedings there, or in Northern Ireland, in which case you can
      choose to bring proceedings there.

The following model cancellation form should only be used if you are entitled to a
statutory right to cancel as described in paragraph 5.

MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Amati Instruments Limited, 4 Prince Albert Road, London, NW1 7SN, email:
info@amati.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of
the following services [*]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate

Insurance Valuation Terms & Conditions

These terms were last updated on 16th May 2018.

  • About these Terms
    • These terms and conditions (“Terms”) govern the relationship between you and Amati
      Instruments Limited, a company incorporated in England and Wales with registered
      office at 4 Prince Albert Road, London, NW1 7SN, United Kingdom and with
      registered number 08506963 (“we”, “us”) in respect of our provision and your use
      of the online valuation service (“Valuation Service”) on our website www.amati.com
      (“Website”). Your use of our Website in general shall be governed by our terms and
      conditions of website use and, should you wish to participate in one of our
      auctions, such participation shall be governed by our auction terms.
    • By:
      • using the Valuation Service; and/or
      • checking the “I have read and agree to the Valuation Terms and Conditions”
        box on the Website,

      you are agreeing to these Terms. If you do not agree to these Terms you may not
      use the Valuation Service.

    • You may not use the Valuation Service if you are under the age of 18 years old. By
      agreeing to these Terms, you represent that you are at least 18 years old.
    • We may modify or replace these Terms at any time to reflect changes in the law, or
      to meet regulatory requirements and will endeavour to notify you of these changes,
      although please also check these Terms periodically for such changes. If we make
      substantive changes to these Terms for any other reason, we will endeavour to
      notify you of such changes. Your continued use of the Valuation Service following
      the posting of any changes to these Terms and/or, when you log into your account,
      or by checking the “I have read and agree to the Terms and Conditions” box on the
      Website, constitutes your acceptance of such changes. If you do not agree to such
      changes, you should not use the Valuation Service.
  • The Valuation Service
    • The Valuation Service enables users to provide us with details of their musical
      instruments (“Instruments”) in order for us to provide a valuation of those
      Instruments (“Valuation”).
    • You can apply for a Valuation by completing our online form and paying a one-off
      fee (“Valuation Fee”). Once you have submitted the online form, we will confirm
      your request for a Valuation via email to the address provided.
    • Once we have confirmed your application for a Valuation, we will undertake the
      Valuation and deliver the Valuation to you via email as soon as reasonably
      practicable, and will endeavour to meet any timescale estimates provided to you in
      our confirmation email.
    • We reserve the right at any time to modify, suspend or discontinue, temporarily or
      permanently, the Valuation Service for any reason with or without notice, however
      we will complete all Valuations which have been confirmed.
    • If we do not confirm a Valuation, or if we cancel a Valuation, and you have
      already paid the Valuation Fee, we will give you a refund equal to the Valuation
      Fee that you have paid. You agree that we shall not otherwise be liable to you or
      to any third party for any loss caused by modification, suspension or
      discontinuance of the Valuation Service.
    • The Valuation Service may be suspended or restricted occasionally to allow for
      maintenance, repairs, upgrades, or the introduction of new functionality or
      services. Further, due to the inherent nature of the internet, errors,
      interruptions and delays may occur on our Website at any time.
    • You are responsible for making all arrangements (including technical arrangements)
      necessary for you to access the Valuation Service.
  • Valuations
    • Subject to paragraphs 3.2 to 3.5 (inclusive), we will use reasonable skill and
      care when preparing a Valuation.
    • You acknowledge that:
      • all Valuations are carried out solely on the basis of the information,
        photographs and other materials you provide to us, and you warrant that
        all such information you provide to us is true, accurate, up to date and
        not misleading in any way;
      • we have no responsibility or liability for keeping or returning any
        information, photographs or other materials that you send to us in order
        for us to prepare Valuations;
      • we do not carry out any additional due diligence on Instruments when
        making Valuations;
      • Valuations are intended for approximation purposes only and do not
        constitute warranties or statements of authorship or value of any kind;
        and
      • any Valuations given are subject to re-evaluation after the Instrument is
        examined in person by a specialist.
    • Your Valuation has been prepared for you for insurance purposes. However, you
      acknowledge that Valuations are subjective by nature and are given only as an
      opinion. A Valuation is not a representation or warranty as to the actual price
      that an Instrument may achieve at auction.
    • We will not be liable to you on the basis that you disagree with a Valuation that
      we have provided.
    • If at any point you request a future Valuation, you must resubmit all of the
      information requested.
  • Valuation Fee and Payment
    • Our Valuation Fee is currently £50 per Valuation. If the Valuation Fee changes, we
      will set out details of such changes on the Website. We will confirm the
      applicable Valuation Fee at the time when you apply for a Valuation.
    • You can pay the Valuation Fee using your credit or debit card, or using any other
      payment method accepted by us from time to time. Where you pay by credit of debit
      card, you confirm that the card is yours and that there are sufficient funds or
      credit available to cover the Valuation Fee.
    • Billing will take place once we have sent you a confirmation email pursuant to
      paragraph 2.2, or slightly afterwards.
    • The Valuation Fee and all other charges on our Website are inclusive of VAT unless
      otherwise stated.
  • Right to cancel
    • If you are an individual acting for purposes which are wholly or mainly outside
      your trade, business, craft or profession and you request a Valuation, you have a
      right to cancel the contract between us pursuant to the Consumer Contracts
      (Information, Cancellation and Additional Charges Regulations) 2013.
    • Your statutory right to cancel lasts for 14 days starting on the day after you
      receive the confirmation email from us in accordance with paragraph 2.2. You can
      exercise your right to cancel by: (i) using the model cancellation form at the end
      of these Terms; (ii) writing to us at Amati Instruments Limited, The Granary,
      Llancayo Court, Usk, Monmouthshire, NP15 1HY; or (iii) emailing us at
      info@amati.com.
    • In agreeing to these Terms you expressly request that we commence our service to
      provide a Valuation to you within the statutory 14-day cancellation period.
    • Once we have completed the Valuation, you will have no right to cancel the
      Valuation, and if we have commenced the Valuation pursuant to your request above
      and you cancel within the statutory 14-day cancellation period, you will have to
      pay for the costs of the services that we have provided up until the point at
      which we receive notification that you wish to exercise your right to cancel.
  • Content
    • As between us and you, and subject to these Terms, you will own all material,
      including information, data, text, graphics, images and other content
      (collectively, “Content”) you provide to us and/or others while using the
      Valuation Service (“your Content”).
    • You agree that all Content, other than your Content, contained in or delivered via
      the Valuation Service or otherwise made available in connection with the Valuation
      Service (collectively, “our Content”) is owned by us or our licensors and is
      protected by copyright, trade mark and/or other intellectual property and other
      proprietary rights and laws. You shall use our Content exclusively for purposes
      that are permitted by these Terms and any applicable laws and regulations. Any
      rights not expressly granted in these Terms are reserved.
    • You agree and acknowledge that the AMATI trade mark is our property and agree not
      to challenge either our ownership or use of the AMATI name or our registration of
      the AMATI trade mark (except on the basis of non-use).
    • You acknowledge and agree that your Content will be true, accurate, current and
      complete and not misleading in any way.
    • You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable,
      royalty-free, transferable right and licence to use your Content in order to
      provide you with a Valuation.
    • You are solely liable for your Content, and represent and warrant that you have
      all rights, power and authority necessary to grant the licence under paragraph
      6.5, and that your Content:

      • does not infringe the rights of any third party;
      • complies with all applicable laws and regulations;
      • is not unlawful, harmful, threatening, harassing, defamatory, obscene,
        libellous, invasive of another’s privacy;
      • does not involve impersonating any person or entity, or falsely stating or
        misrepresenting your affiliation with a person or entity; and
      • does not contain software viruses or any other computer code, files or
        programs designed to interrupt, destroy or limit the functionality of any
        computer software or hardware or telecommunications equipment.
    • You acknowledge and agree that we may store your Content and may also disclose
      your Content for any reason if we deem this to be necessary (under law or for any
      other reason).
  • Exclusions and Limitations of Liability
    • Save as expressly set out in these Terms, we exclude to the fullest extent
      permitted by law all warranties and conditions, whether express or implied by
      statute, common law or otherwise.
    • Nothing in these Terms shall operate to exclude or limit the liability of a party
      in respect of death or personal injury resulting from that party’s own negligence,
      for fraud or for any liability that cannot be excluded or limited under applicable
      law.
    • We shall not be liable to you in contract, tort (including negligence) or
      otherwise for any indirect or consequential losses, or for any loss of profits,
      loss of goodwill, loss of revenue, loss of business or loss of anticipated
      savings.
    • Subject to paragraphs 7.2 and 7.3, our liability to you in contract, tort
      (including negligence, breach of statutory duty, misrepresentation or otherwise)
      or for any other cause of action arising by reason of or in connection with these
      Terms shall not exceed a total aggregate amount equal to the Valuation Fee paid.
  • Notices
    • Notices to you may be sent via either email or regular mail to the address you
      have provided to us.
    • Any notice from you to us shall be sent in writing to us at the address set out in
      paragraph 1.1 above.
  • General
    • These Terms contain the entire agreement between us and you relating to the
      Valuation Service and supersede any previous agreements, arrangements,
      undertakings or proposals, whether written or oral, between us and you relating to
      the Valuation Service. You confirm that you have not been induced to enter into a
      contract on these Terms by any prior representations, whether written or oral,
      except as specifically reproduced in these Terms and you hereby waive any claim
      for breach of any such representations which are not specifically reproduced in
      these Terms.
    • We can assign, sub-contract and/or otherwise transfer any or all of our rights
      and/or obligations under these Terms to any company, firm or person. We can only
      do this if it does not affect your rights under these Terms. You may not assign,
      sub-contract and/or otherwise transfer your rights or obligations under these
      Terms to anyone else except with our written consent.
    • These Terms are personal to you and no third party is intended to benefit under
      these Terms.
    • If we are prevented, hindered or delayed from providing a Valuation owing to
      circumstances beyond our reasonable control, we shall have no liability in respect
      of any delay in provision or any non-provision of such Valuation, and any
      timescale estimates for provision of a Valuation shall be extended
      correspondingly.
    • If you fail to comply with these Terms and we take no action against you, we will
      still be entitled to enforce our rights against you in relation to that breach and
      to use our rights and remedies in any other situation where you breach these
      Terms.
    • All or any part of any term of these Terms that is found to be unfair or
      unenforceable by a court of competent jurisdiction will be treated as deleted and
      the remainder of the Terms will continue to govern each of our respective
      obligations.
    • English is the only language in which these Terms are offered.
    • These Terms are governed by and interpreted in accordance with the laws of England
      and Wales (or the laws of Scotland or Northern Ireland if you live there). If you
      choose to bring proceedings in connection with these Terms you must do so in the
      courts of England and Wales, unless you live in Scotland, in which case you can
      choose to bring proceedings there, or in Northern Ireland, in which case you can
      choose to bring proceedings there.

The following model cancellation form should only be used if you are entitled to a
statutory right to cancel as described in paragraph 5.

MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Amati Instruments Limited, The Granary, Llancayo Court, Usk, Monmouthshire, NP15 1HY
Email: info@amati.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of
the following services [*]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate