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

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