Auctioneers’ Terms and Conditions
1. The Auctioneers’ terms and conditions are displayed at the Auction rooms, on our website and are in print on the Catalogue. Vendors and purchasers are therefore deemed to be aware of the terms of sale.
2. The Auctioneers reserve the right to catalogue and lot goods as they see fit. No commitment can be given as to when such goods will be offered for sale.
3. The Auctioneers give no guarantee as to the quality of the goods sold.
4. All persons attending a Sale under the conduct of the Auctioneers – whether at their Sale Rooms or elsewhere – shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principles in respect of the cancellation/postponement of a Sale or any loss, accident or injury, however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Company.
5. Persons handling lots do so at their own risk and shall make good all loss or damage howsoever sustained; such estimate of cost to be assessed by the Auctioneers whose decision shall be final.
6. At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Purchaser and any dispute shall be settled by the Auctioneers, whose decision shall be absolute and final. No lots shall be transferred.
7. The Auctioneers may divide, combine, add or withdraw lots and make any catalogue alterations without notice. They shall regulate the advance of bidding, accept or reject any bid at their discretion and without consultation and bid on behalf of the Vendor, where there is a reserve price or at their discretion.
8. The Auctioneers shall not be responsible for default on the part of Vendors or Purchasers. Any resultant deficiency, together with interest, cost and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. The Auctioneer, in appropriate circumstances, will enforce a Sale Contract at the fall of the hammer unless there are reasonable circumstances which would seem to indicate otherwise.
9. Any claim under any Statute must be received in writing within 10 days of the Sale.
10. Catalogue descriptions shall be taken as a matter of opinion only. The Auctioneers accept no responsibility for faults or imperfections of any lot described in the catalogue or given verbally by a member of staff. Intending purchasers must satisfy themselves by inspection or otherwise as to the description, condition, quality and originality of any lot prior to bidding.
11. At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Purchaser, including those of fire, burglary, etc, and damage occasioned to lots by the removal of other goods.
12. The Auctioneers are prepared to accept commission bids on behalf of intending Purchasers unable to attend at the time of the Sale, providing requests are made in writing and up to half an hour before the commencement of a Sale and given to the Auctioneer or the Auction Rooms Manager. This complimentary service is made at the purchaser’s own risk and the Auctioneer cannot accept liability for failure to receive and/or place any such bids. The Auctioneers cannot be held responsible for, nor are they connected with, commission bids given to Auction Room Porters or any other member of the Auctioneers’ staff.
13. A Buyer’s premium of 15% plus VAT is chargeable on the hammer price.
14. If an asterisk (*) precedes any lot number, VAT will also be payable on the hammer price.
15. Payment for goods purchased at the Auction should be made on the day of the Sale or no later than the Tuesday morning following.
16. Lyme Bay Auctions accept debit cards and most credit cards with the exception of American Express.
17. No goods purchased at the Sale may be removed without payment first being made except with the express permission of the Auctioneers.
18. Purchasers are requested to collect all items bought by the Wednesday afternoon following the Sale. Items not collected by 5pm on the Wednesday will be subject to a storage charge of £3 per day. Should the items still remain after 14 days, the Auctioneers reserve the right to re-offer them in the next available Sale to recover costs.
19. It is a condition of the Auction that the Vendor indemnify the Auctioneers against all and any claims made in connection with the goods sold.
20. Reserves must be agreed mutually between the Vendor and the Auctioneers at least 24 hours before an auction, but all lots valued below £20 must be offered without reserve. Any lot offered for sale without reserve will be sold at the best price achievable at auction on sale day.
21. Should a reserve figure not be agreed mutually between Vendor and the Auctioneer and the lot remains unsold, the Auctioneers reserve the right to levy a charge of 5% of the Auctioneer’s estimated value.
22. A withdrawal fee of 5% of the reserve price (or lower estimate) will be made if a lot is entered and then withdrawn by the Vendor prior to the Sale.
23. Vendor’s commission is charged at 20% plus VAT on the hammer price.
24. Payment to Vendors will be made within 14 days of the Sale.
25. Vendors are requested to remove any unsold lots by the Friday afternoon following the Sale.
26. If unsold lots valued above £20 remain uncollected after 14 days the Auctioneers retain the right to offer such lots for sale without reserve.
27. Where a lot remains unsold and is requested to be placed in a later sale, the Auctioneers retain the right to reduce the original reserve by 25%.
30. Auctioneer’s discretion may be used to sell a lot at up to 10% below the reserve price, unless a fixed reserve is specified at the time of entry.
Additional Conditions of sale for Buyers
1. The highest bidder to be the buyer. If any dispute arises the Auctioneers shall have absolute discretion to settle it and put any disputed lot up again for auction.
2. All buyers are deemed to have read and understood our methods of payment, as outlined.
3. All buyers’ accounts are to be settled within 24 hours. Successful commission bidders will be contacted on the Tuesday on the telephone number/s provided to confirm collection details.
4. Lots marked with an asterisk* in the catalogue denote that 20% VAT is payable on top of the hammer price.
5. Certain works by living artists, will incur an Artist’s Resale Right royalty charge of 4%, when sold with a hammer price of € 1000 (approx. £800) or more. Artist’s Resale Right royalties are not subject to VAT.
6. All lots are put up for auction subject to any reserved price imposed by the vendor.
7. Ownership of the offered lot shall pass to the buyer upon the fall of the auctioneer’s hammer when the auctioneer announces that the lot has been sold, from which point the buyer shall assume full risk and responsibility for the lot.
8. All lots are sold as shown with all faults, imperfections and errors of description or of genuineness of authenticity. Windsor Auctions (Trading Name of Makeoffer Ltd) makes no warranty whatsoever. See (10).
9. The lots to be taken away at the buyer’s risk and expense, not later than 5pm on the Wednesday after the sale; in default of which Lyme Bay Auctions will not hold themselves responsible if the same are lost, stolen, damaged or otherwise destroyed.
10. It is the buyers’ responsibility to measure any item to ensure that it can be accommodated in its’ intended location. All buyers must check their purchases before the lots leave the building. Windsor Auctions will accept no claims for loss or damage thereafter.
11. Upon failure of the buyer to comply with any of the above conditions, the money deposited in part payment shall be forfeited; and the defaulter shall make good any loss arising from the resale, together with the charges and expenses in respect to both sales.
12. Care is taken to ensure that any statement as to authorship, attribution, origin, date, age, provenance and condition is reliable and accurate but all statements are statements of opinion and are not to be taken as statements or representations of fact. The Auctioneers reserve the right in the forming their opinion to consult and rely upon the expert opinion or Authority reasonably considered by them to be reliable.
13. Purchases may be cleared (after payment) immediately after the auction.
14. Written bids (“Absentee Bids”) shall be taken and carried out for the convenience of the bidders. Lyme Bay Auctions shall not be responsible for failing to execute such bids or errors relating to the execution of such bids. Bids will be executed as cheaply as is permitted by other bids or reserves, but will not be sold, for less than 50%, of the highest “Commission Bid” left.
Live telephone bids will only be accepted on lots with an estimate of £500 upwards. Telephone bids on lots of a lower value may be accepted at our discretion. Live Telephone Bids are subject to a “failure to communicate”, it is better to be in the room or leave a bid.