Welcome to Cooper Owen, below are our Terms and Condition. Please take the time to read them carefully. This is a legally binding contract. Please review it carefully.
No other terms and conditions or any additions, amendments or variations, may apply in respect of any Cooper Owen live and online auctions unless they have been agreed in writing on behalf of Cooper Owen.

1 In this agreement, the following words shall have the following meanings:

1.1 “Authentication” means the Cooper Owen certification of authenticity as regards any item

1.2 “Buyer” means the buyer of any item as determined by the Auction terms.

1.3 “Cooper Owen”, means Cooper Owen Limited “we” or “us”

1.4 “Item” means the item(s) of property listed and described on the Receipt Form placed by the Seller for Marquee Sale.

1.5 “Marquee Sale” means a Cooper Owen on-line or public auction (or a combination of the two) categorised as a “Marquee Sale” as defined in the Auction Terms or as described on the website.

1.6 “Receipt Form” means the front page of this agreement once it has been completed and issued by Cooper Owen on which the commercial details of the proposed sale of the item are set out and agreed with the seller.

1.7 “Reserve” means any reserve price agreed by the seller and Mitrix Music Ltd. on the Receipt Form or as otherwise agreed or reduced in accordance with this Agreement.

1.8 “The Seller”, means the individual, firm, company or other entity your or you named as the owner of the item on the receipt form.

1.9 “Summary” means the Summary of Commissions and Charges of Cooper Owen.

1.10 “Sellers Premium” means the fee payable by the seller to Cooper Owen under the provisions of paragraph 9 Below.

1.11 “Terms and Conditions” means the Cooper Owen Marquee Auction Terms and Terms of Sale.

1.12 “Website” means the Cooper Owen website with the URL:www.cooperowen.com

2 Agreement

2.1 On issue of a receipt by Mitrix Music Ltd., and the seller countersigning the hard copy of the Receipt Form and returning it to Mitrix Music Ltd. Cooper Owen may choose to accept such an item for entry to Marquee Auction. If such acceptance is issued, this agreement sets out the terms upon which Cooper Owen accept such an appointment.

2.2 The summary and Terms and Conditions will also form part of either of the agreement between us. If you have not received a copy of either of these documents it is important that you either contact us immediately, or view them on the website. You will still be contractually bound by the provisions in the Summary and Terms and Conditions if you have not read them.

2.3 If Cooper Owen are happy to proceed with the sale of the item at a Marquee Sale, an updated Receipt Form will be issued and details relating to the proposed sale of the item will be notified to you in due course.

2.4 Sellers resident within the EU agree that the items will be sold through the auctioneers margin scheme unless they confirm in writing that items are ineligible for the margin scheme. Any VAT registered sellers required to charge VAT on sales must also notify us in writing. Sellers warrant that goods imported into the UK for sale were not exported from the UK within 12 months prior to import. The costs of shipping, insurance and import taxes (if any) are the responsibility of the buyer and are not part of the bid price.

3 Possession of Items by Cooper Owen

3.1 The seller agrees to be responsible for all delivery costs involved in delivery of any item to Cooper Owen if such delivery is requested in accordance with Paragraph 5. Delivery will effected by the Seller to our premises at 10 Denmark Street London WC2 8LS unless otherwise notified to you by us. Delivery is at the Sellers sole risk. Delivery shall be effected within a mutually agreed date of the issuing of our acceptance of the item under the terms of paragraph 2.1, otherwise we reserve the right to withdraw such acceptance by notice.

3.2 You agree to be charged by us for insurance on each item while it is in our possession. The cost of such insurance cover shall be set out in the summary.

4 Method of Sale
We shall offer the item for sale at a Marquee sale. We shall have complete authority to determine whether any item is sold online or at a live public auction, how any Marquee sale is conducted, how the item is described, including any venue for live auctions, the manner in which items are grouped in selling lots and the date of the Marquee sale. Unless you have requested otherwise in writing we have the right to use your real or professional name as the Seller of the items, as well as other personal information to publicise any sale in which the items are offered. We shall be responsible for all publicity relating to any Marquee Sale and any item, and the level of such publicity, its extent and the media in which it appears shall be in our discretion.

5 Authentication
You will promptly provide us with all details and information, which we may reasonably require in order to enable us to authenticate the items. You will also be required to deliver the items. You will also be required to deliver the items to Cooper Owen or a Cooper Owen representative to enable authentication. No item will be accepted for Marquee Sale unless Mitrix Music Ltd. is satisfied to the items authenticity.

5.1 Copyright and reserved rights CooperOwen.com/ Mitrix Music Ltd
Cooper Owen and Mitrix Music Ltd maintains full copyright on all presented consignments presented by Cooper Owen/ Mitrix Music Ltd for the purpose of promotion that Cooper Owen/ Mitrix Music Ltd Sees fit to profile for the purpose of Exhibit and advertisement, Television Distribution, etc and reserves all rights as to copyright on requested Provenance recorded footage from consigners to support the promotion on line of their consignment as well as in addition to if decided appropriate by Louise Cooper Owner and sole Director of both Mitrix Music Ltd and CooperOwen.com without any agreement or approval from the consigner, as this is a request and part of the business of promotion and added provenance for exhibition purposes for all any consignment item or collection consigned to CooperOwen.com Mitrix Music Ltd. Unless agreed prior by both parties for a 50/50 split of copyright on requested footage from Cooper Owen. Com/ Mitrix Music Ltd. CooperOwen.com/ Mitrix Music Ltd will not be held liable or responsible for any proven incorrect info given by consigner of item for the purpose of known origin and ownership, provenance information as requested by CooperOwen.com/ Mitrix Music Ltd.

5.2 Reserved Rights & Copyright Protection Live Events
CooperOwen.com reserves the right and maintains all Exclusive Copyright for any footage filmed by Cooper Owen /Mitrix Music Ltd of all Invited artists and live bands playing at the Event capturing vocal and sung performances including all audio from General Public ticket and badge holders or otherwise/ Presenters/ Hosts/Venue Premises / Crew/ Production/ all Event staff and paid Public and/or Invited Guests at any of the 'We Will Rock Ascot 2008 - The Gathering Live Events or any other CooperOwen.com Mitrix Music Ltd Live filmed Events, including Auction Action and Historical Music Collectors Show. VIPs Rooms, all Zones and Space Within Film and Event Capacity.

6 Reserves and Estimated Prices
All items will be offered for sale at Marquee Sale subject to the agreed confidential Reserve, unless you choose to sell the item without reserve. Unless otherwise agreed to previously, the Reserve is the minimum price, which you will accept for the item, and below which the item will not be sold. Each item, when publicised by us will also state an estimated price, being the price range reflecting our opinion of the amount the item may be expected to bring at auction, based upon such factors as its condition, provenance, quality, rarity and prices paid at auction for comparable items. The estimated price will not include the Buyers Premium, VAT, Shipping and insurance charges, and sales taxes (if any), and may be revised prior to the Marquee Sale. In no event may the reserve exceed the lowest figure in any estimated price. The Reserve shall be agreed prior to sale and shall be set out in writing in a Pre-Sales Advice form issued by Cooper Owen. You will be asked to sign such forms to indicate acceptance of the reserve. In such event where the Pre-Sales Advice form is not received Mitrix Music Ltd. the reserve will be set at the lower estimate.

7 Sellers
Prohibited From Bidding. Collusion between bidders, or any form of price manipulation or bidding rigging, is prohibited. You will not directly or indirectly place (or cause to be placed bids) on your items, or otherwise attempt to manipulate the market. Making bids under a false name or with a stolen or invalid credit card is prohibited. We may in our sole discretion (i) refuse or remove bids which Cooper Owen believes are fraudulent; or (ii) cancel bids which Cooper Owen believes are made not in good faith or made in violation of applicable law. If you are in breach of the Terms against such improper bidding, we shall continue to be entitled to payment of our commission, fees and charges as if the sale of the item had been properly completed for the amount which was bid in which case we shall make the item available for collection by you in accordance with paragraph 18, or we may retain and sell the item without reserve to recover such commission, fees and charges.

8 Completion of Sale and Settlement of Account
A sale shall be deemed completed when the buyer has made final and full payment to Cooper Owen notifies you that it has received full payment, you have 3 days to ship the item to the buyer. Cooper Owen shall pay you the net proceeds of the sale within 28 days after receiving proof of shipping from you, provided that the Buyer has not given notice of intention to rescind the sale, and that no third party claim has been made against the item or the proceeds of the sale. You agree that we shall retain such percentage, of the gross amount paid by the Buyer for any item as was set by us on the Receipt Form or, if not set out on the Receipt Form as in accordance with the rates set out in the summary.

9 Sellers Premium
You agree that we shall retain such percentage, of the gross mount paid by the Buyer for any Item as we set out by us on the Receipt Form or, if not set out on the Receipt Form as is in accordance with the rates set out in the Summary.

10 Buyers Premium
A buyers premium, is of such percentage which is to be determined by us in accordance with the Summary will also be charged by us on the final bid price of each item which is sold. We shall be entitled to collect and retain the Buyers premium as an additional commission.

11 Sellers Warranty and Indemnity

11.1 You represent and warrant with respect to each item that: (i) it is original and not counterfeit; and (ii) that its description and physical condition is substantially accurate in all material respects; and (iii) that it is not stolen or believed to be stolen and that you have good and marketable legal title, free and clear of any lien, security interest, leasehold interest, co-ownership interest or any other type of encumbrance or interest of any other person or entity and that good title (with full guarantee) will pass to the Buyer upon sale ; and (iv) that there are no restrictions on our right to photograph the item; (v) that you have fully disclosed to us in writing all known information affecting its value, condition, defects and the like; and (vii) that any materials, images, photographs or video tapes supplied by you or on your behalf will not infringe any copyright or other third party rights; (viii) that the sale of the item will not infringe any law of any territory in the world where it is to be offered for sale.

11.2 You acknowledge and agree that we may rely upon the accuracy and completeness of such representations and warranties as to each item. You agree to fully, indemnify us and our employees and agents from any and all claims, actions, damages, losses, liabilities and expenses, however arising (including legal fees both internal and external) resulting from any and all claims or proceedings relating to any item, or resulting from any alleged breach of any of your of your obligations, representations or warranties. The provisions in this paragraph shall survive the completion of the transactions contemplated by this agreement.

12 Withdrawal of Item By Seller

12.1 Your consignment of an item (by the forwarding of a signed Receipt Form to Cooper Owen is) your irrevocable offer to sell the item at the end of the auction of that item at a Marquee Sale to the Buyer who submits the highest bid above the Reserve. If you withdraw any item from a Marquee Sale you may do so up to One Week before the commencement of the Marquee Sale at which the item will be auctioned. Withdrawal may be notified to us in writing by letter sent postage prepaid of faxed to us at our main fax number.

12.2 In the event of a withdrawal of an item by you, you agree to pay us a withdrawal fee to cover administrative and other costs. Such withdrawal fee is a flat rate fee of 20% of the lower of estimate or reserve. Other fees, charges and expenses, which apply before or after such withdrawal, shall be charged in addition.

13 Withdrawal of item by Cooper Owen
We reserve the right to withdraw any item from any Marquee Sale following our acceptance of it accordance with paragraph 2.1 or paragraph 5, if, in our sole discretion, there is any doubt as to the accuracy of your representations or warranties to us concerning it, if we believe that we are unable to issue Authentication in respect of the item, if your email address or credit card details appear to us to be invalid or for any other reason which in our sole discretion necessitates such action. Withdrawal by us of an item will be notified to you be email, letter or fax and paragraph 18 shall apply.

14 Credit Cards Details
Any credit card details supplied by the seller may be used by us without further notification to obtain payment of all sums which become due from you under the terms of this agreement. In the event that we believe, in our sole discretion, that your credit card details are incorrect or no longer valid, paragraph 18 shall apply.

15 Photography, Video and Licence Fees.
If the Seller wishes to provide us with photographs or videotapes of any item, such material must be delivered to us in a format suitable for display or streaming on the web site. Technical specifications (which must be complied with) shall be provided request. It is the Sellers responsibility to ensure that copyright is not infringed by the use of any such material and also to pay any licence fees and to obtain any necessary permissions from as paying joint owner. The use of original images taken by the Seller is strongly recommended. If you prefer, Cooper Owen may take responsibility for helping you meet the necessary technical specification or for creating and providing such images. We may charge for this service, and in such circumstances all copyright in such images shall remain with us.

16 Archive
All materials supplied to, created or used by Cooper Owen in accordance with paragraph 15 above or other information relating to the items or their appearance or proposed appearance in a Marquee Sale (including the final sale price) may continue to be used indefinitely in any archive operated by us, whether on the Web site. or otherwise, or for any other publicity or commercial purposes or exploitation without territorial restrictions.

17 Buyers Default
Cooper Owen will not be liable for any failure of a Buyer to pay the purchase price for any item or otherwise to perform their obligations. Cooper Owen will not be responsible in any way for collection of any amounts due from a Buyer. In the event of non-performance by the Buyer, we may in our sole discretion of non-performance by the Buyer, we may I our sole discretion cancel the sale in which case the item will be treated as if it had failed to reach the Reserve and paragraph 18 shall apply.

18 Rescission
You authorise us to rescind the sale and accept the return of any item we, in our sole judgment, determine that its sale was in breach of any of your warranties or representations. In such event, you authorise us to refund or credit the Buyer for the price of the item, and if we have already paid to you any proceeds of the rescinded sale, you shall, immediately upon request, refund such payment. In the event of such breach of warranty, you shall be responsible for our full commission, including Sellers Premium and Buyers premium, and for all expenses, which we may incur, including reasonable attorneys fees (both internally and externally), in effecting the rescission. We will only return the item to you after your entire indebtedness to us has been paid in full. To this end, we shall be entitled to sell the item by such means and at such time, as we consider appropriate.

19 Failure to reach reserve

19.1 If any item should fail to meet its Reserve, we may, in our sole discretion either notify you by email, letter, telephone or fax that the items was unsold we may recommend to you in writing, by fax, telephone and or by email that the Reserve will be lowered to a specified sum and that the item is to be re-offered in a subsequent Marquee or Mosh Pit Sale. If you do not respond in writing or by email within (7) days after the date of such notice, you will be deemed to have agreed to the lowering of the Reserve.

19.2 If we have notified you that any item is to be withdrawn, you shall be responsible for collecting the item from the premises and for all related costs. Collection of a withdrawn item must be completed within fourteen (14) days of our notification, failing which we shall be entitled to levy storage charges in accordance with the rates set out in our summary. At any time thereafter we may notify you that the item is to be sold by us without reserve by publication auction, although not necessarily in a Marquee Sale. The date of the sale will be notified to you for collection of the item not later than one week prior to the commencement of such sale.

19.3 Any item collected by you in accordance with paragraph 19.2 should be examined as to its condition at the time of collection. In any event, any claim that an item has been damaged while in our possession must be notified to use no later than 48 hours after it has been removed.
20 Use of Email and Passwords
20.1 If at any time a password issued to you, it is strictly private and confidential and may only be used for purposes for which it is provided. You shall be responsible for all acts carried out or resulting from any use of your password by another party, whether authorised by you otherwise. We reserve the right to withdraw any password which we consider to have been misused or where we may believe there has been a security breach.

20.2 You agree that email correspondences between us shall be binding or reduction of Reserve or in relation to all other notices. It is your sole responsibility to ensure that your emails are checked regularly and can be accessed by you at all times including during any period when you may be travelling. You shall be solely responsible for notifying us in the event of nay change in your email address and for obtaining back up facilities in the event of any sever failure or other.

21 Limitation of Liability

21.1 Cooper Owen accepts no liability for any indirect, consequential or economic losses or any loss of profit. We shall not be liable for any failure in the internet, whether in respect of end-to-end connectivity or any failure by any email to reach its destination mail within the expected time or at all. We shall not be responsible for any failure to fulfil our obligations due to any matter, which is beyond our control, including technical malfunctions.

21.2 The maximum amount of Cooper Owen’s liability to the Seller for breach of our obligations, for, negligence or otherwise (to the fullest extent that it is possible to limit such liability at law), shall be the successful bid price of an item if it has been sold or, if it has not been sold, the Reserve.

22 Notices
Notice to us shall be given by recorded delivery mail, to our address at 10 Denmark Street, London, WC2H 8LS, and notice shall be given to you by email to the email address, or by recorded delivery mail, to the address set out in the Registration Form. Email notices given by us shall be deemed effective on the day they are sent whether or not they are received. Notices by recorded delivery mail will deemed accepted when delivered.

23 Assignment
Cooper Owen shall be entitled to assign or subcontract its rights and obligations under this agreement at any time in its sole discretion, whether for the purposes of appointing an escrow agent or otherwise.

24 Entire Agreement
This Agreement and the documents referred to in it represent the entire agreement between us in respect of the subject matter and may only be amended either by written agreement between us, signed on behalf of both parties (in respect of which agreement conducted by electronic mail shall constitute signature) or by Cooper Owen issuing a general amendment to this Agreement or any documentation referred to it by posting such amendment on web site., Such amendment shall be effective from the time of posting on the Web site. and it is your obligation to keep yourself informed of any updates to these Terms and Conditions.

25 Resolution of Disputes
Cooper Owen and the Seller agree that the English Courts in London shall have exclusive jurisdiction in respect of any dispute arising between us, other than in respect of the enforcement of judgments, where their jurisdiction shall be non0exclusive English law shall govern the contract between us.

Further information:

Summary of Charges
Buying at CooperOwen.com Live and Online Auctions
Buyers Agreement
Selling at CooperOwen.com Live and Online Auctions

For help and all other queries please contact us at: customerservice@cooperowen.com