(c) Where an agent purchases on behalf of an undisclosed client such agent shall be personally liable for payment of the purchase money to the auctioneer and for safe delivery of the lot to the said client. If the purchaser of any lot fails to comply with any such requirement the auctioneer may put up again and re-sell the lot if upon such re-sale a lower price is obtained than was obtained on the first sale the purchaser in default on the first sale shall make good the difference in price and expenses of re-sale which shall become a debt due from him. (b) The purchaser of each lot shall immediately on its sale, if required by the auctioneer, give him the name and address of the purchaser and pay to the auctioneer at his discretion the whole or part of the purchase money. NOTE: Where an agent bids, even on behalf of a disclosed client, the auctioneer nevertheless has the right at his discretion to refuse any such bid. (a) The bidding and advances shall be regulated by and at the absolute discretion of the auctioneer and he shall have the right to refuse any bid or bids. (c) If any dispute arises as to the highest bidder the auctioneer shall have absolute discretion to determine the dispute and may put up again and re-sell the lot in respect of which the dispute arises. (b) Subject to sub-clause (a) of this clause, the highest bidder for each lot shall be the purchaser thereof (a) Each lot is put up subject to any reserve price imposed by the vendor Comments and opinions, which may be found in or on lots as labels, notes, lists, catalogue prices, or any other means of expression, do not constitute part of lot descriptions and are not to be taken as such unless they are made or specifically verified by the auctioneers. They are statements of the opinion of the auctioneers, and attention is particularly drawn to clause 5 set out below.
However, the descriptions are not intended to be, are not and are not to be taken to be, statements of fact or representations of fact in relation to the lot. Whyte & Sons Auctioneers Limited, trading as Whyte's, hereinafter called "the auctioneer" exercises all reasonable care to ensure that all descriptions are reliable and accurate, and that each item is genuine unless the contrary is indicated.
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