Buyers Terms and Conditions of Sale by Auction
The following information is intended to assist buyers. All sales are conducted under our printed Buyers Terms and Conditions of Sale by Auction General Conditions and Standard Conditions ("the Conditions") which are readily available for inspection and our staff will be happy to assist should you require any further information.
PFW usually contracts as agent for the seller and, for reasons of confidentiality, the identity of the seller will not usually be disclosed. Accordingly, if you buy, your primary contract is with the seller.
Estimates are provided as a guide to buyers as to the sum expected to be achieved at auction for a particular lot. Estimates are made well before the date of the sale and may be altered at any time prior to the sale. The estimate represents an estimate of the hammer price and does not include the buyer’s premium or VAT. Estimates are in no sense definitive and are intended merely as a guide.
4. Faulty Goods
Where the letters "(a/f)" appear in our description of any lot it means that the item is faulty but it does not imply that items not so marked are without faults and all lots should be examined prior to sale.
5. Condition Reports
At the request (in writing or by email in the week prior to an auction) of a buyer who is unable to view items prior to an auction, PFW may be able to assist by providing a condition report but these are based solely on our own opinion and for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly recommended to view..
6. Damage to Lots
Any person causing damage to any lot will be held responsible for such damage and the Auctioneer will be the sole judge in assessing the cost of such damage.
7. Methods of Bidding
Bids may be made as follows:
a.in person with a bidding card;
b.by completing and signing our standard Bidding Form;
c.by e-mail received no later than 10am (UK time) on the morning of the auction;
e.by prior booking of a telephone line to bid for a specific item. This service is subject to line availability and is at the Auctioneer’s absolute discretion. A telephone line cannot be booked unless the Auctioneer’s estimate for the item exceeds £100.00 and provided that the prospective buyer provides their full name, permanent address and landline telephone number and subject to the Buyer’s Standard Conditions of Sale hereinafter appearing; or
f.by bidding via our website. Please note, your bid will only have been accepted if you receive a confirmation reply.
PFW executes absentee bids (under paragraphs (b), (c), (d), (e) and (f) above) as a convenience for buyers and is not responsible for inadvertently failing to execute bids or for errors relating to the execution of such bids.
Bidders attending in person for the first time must register prior to bidding and bring a form of identification (i.e. driving licence or passport) including proof of address. You will then be provided with a bidding number which should be returned to a member of staff after the auction. You will only be required to register on your initial visit but on each subsequent visit you will be issued with a bidding number for that particular auction.
8. Buyer’s Premium
A buyer’s premium of 15% (plus VAT on the premium) is charged on the hammer price of each lot.
9. VAT – The Auctioneer’s Margin Scheme
VAT will be payable by the buyer on the hammer price of any lot when the seller is a registered taxable person not selling within the Auctioneer’s Margin Scheme. VAT is payable on any item marked with a “(+)” in the catalogue.
10. Methods of Payment
Payment can be made on the day of the auction, at the times quoted in our catalogue, by debit card, credit card or cash. Credit cards will incur a charge of 2% (plus VAT), American Express 4% (plus VAT). Debit card transactions are free.
Buyers who cannot come to our office, should make payment direct to our bank account (details at bottom of invoice).
Card payments can be made over the telephone for amounts up to £300 (unless previously agreed with the Auctioneer). We will require proof of ID and production of payment card at the time of collection.
If you require clarification on any aspect of the above please ask the Auctioneer or a member of his staff who will be happy to assist you.
11. Payment and Collection of Purchases
Lots can be paid for and collected immediately after the auction finishes (during the lunch break and late afternoon). PFW is unable to collect money or release items whilst the auction is in progress.
Any items not paid for and collected on the day of the auction should be paid for at our office at the front of the Dorking Halls which is open on the Sunday immediately after each auction from 8am to 12 noon and during the week from 9am to 5pm.
It is important that all goods are paid for and collected promptly. Goods will not be released until payment has been received. Any delay in collecting items may incur storage charges.
12. Postage and Packing
PFW will, if required, provide the buyer with details of local carriers who will be able to assist with delivery. Any such arrangements must be made directly with the local carrier and the Auctioneer will not be responsible in any way.
PFW offer a packing and postage service for items bought through our auction but please note that PFW are not professional packers and whilst we will pack items to the best of our ability we will not take any responsibility for loss or damage to items packed by us once they have left our office.
Our standard charges are:
i.£13 for items under 1kg in a Jiffy bag;
ii.from £15 for items over 2kg; and
iii.variable for items posted to the Highlands and Islands and addresses outside the UK.
Goods paid for by telephone will only be posted to the address to which the payment card is registered and which accords with the address on our records.
13. Fire Precautions
The public attending the sale are requested to leave gangways and the exit doors clear in case of emergency.
14. Artists Re-Sale Rights
Under a European directive there is a resale royalty payable to some artists on works of art sold for 1,000 Euros or more. This will be charged to the buyer and the amount will be based on the hammer price and exchange rate. This payment is passed on to the relevant Collecting Society without fee or VAT. The royalty charge is added to invoices and must be paid before purchases are removed. Buyers must satisfy themselves prior to bidding whether or not any item will attract payment under the Artist’s Resale Right. Further details can be found on the Intellectual Property Office website at www.ipo.gov.uk/businessguidance.pdf.
S J Windibank is the sole proprietor and trades as P.F. Windibank Antique and Fine Art Auctioneers and Valuers ("PFW"). In the Buyers Terms and Conditions of Sale by Auction General Conditions and Standard Conditions ("the Conditions") P.F. Windibank who act only as auctioneer and agent for the seller is called "PFW" and the representative of PFW conducting the auction is called "the Auctioneer".
2. Description and Condition
Whilst PFW makes every effort to ensure the accuracy of the catalogue and the description of any lot:
a.Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the seller with all faults, imperfections and errors of description;
b.PFW does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless it has been instructed in writing by the seller so to certify and, in such case, PFW does so as agent of the seller and is not itself responsible for such claims;
c.All statements, whether printed in the catalogue, on PFW’s website or made verbally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by PFW unless it has been instructed to do so as agent of the seller and is not itself responsible for such claims; and
d.Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.
3. The Buyer and Bidding Procedures
a.Bidders are required to register their particulars and provide the requested identification prior to bidding.
b.The highest bidder shall be the buyer except in the case of a dispute. If during an auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the bidding increments or refuse a bid.
c.Every bidder shall be deemed to act as principal unless there is in force written acknowledgement by PFW that it acts as agent on behalf of a named principal
4. The Auction
a.The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. The Auctioneer may bid on behalf of the seller for all goods which are being offered subject to any reserve or at the Auctioneer’s discretion.
b.Each lot is put up for sale subject to any reserve placed by the seller.
c.All conditions, notices, description, statements and other matters in PFW’s catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
Notwithstanding any other terms of these Conditions, if within fourteen days after the sale PFW has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to PFW in the same condition as at the time of sale and by producing evidence, the burden or proof to be upon the buyer, satisfies PFW that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded.
6. Private Treaty Sales
In the event of a sale by private treaty both the seller and the buyer agree to be bound by the Conditions.
PFW disclaims responsibility for default by either the buyer or the seller because they act as agent for the seller only and therefore do not pay out to the seller until payment is received from the buyer.
Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
Each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full name and permanent address, landline and mobile telephone number and if called upon to do so by the Auctioneer shall forthwith pay to PFW such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and resold.
10. Removal of Goods
a.No lot shall be claimed or removed until it has been paid for and the sale has been concluded.
b.All lots shall be paid for and removed at the buyer’s risk and expense by the end of the tenth working day after the sale or upon the clearance of any cheque used for payment failing which the Auctioneer shall not be responsible for the same if lost, stolen, damaged or destroyed and all lots not so removed shall remain at the risk of the buyer and subject to a minimum storage charge of £2.00 (+ VAT) per lot per day.
c.Any lots not paid for and removed within ten working days of the sale may be resold by the Auctioneer at auction or by private treaty without notice to the buyer. Any liability which there may be on the part of PFW in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
d.In the event of any failure of the buyer to comply with any of the above conditions the damages recoverable by the seller or PFW from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses of both sales, together with interest at 2% above Barclays Bank PLC base rate upon the price of any lot which has not been paid for within 48 hours of the sale and any money deposited in part payment shall be held by PFW on account of any liability of the defaulter to them or the seller.
e.PFW are able to accept payment from successful bidders by cash, debit card, credit card, American Express card or by paying funds direct to our bank account (details at bottom of invoice).
f.PFW reserves the right to resell at auction or by private treaty any lot paid for but not collected within 6 calendar months of purchase at auction and to deduct all expenses due to PFW.
11. Purchase Price
The buyer shall pay the hammer price together with a premium of 15% of the hammer price (adjusted for VAT as necessary). The premium attracts VAT (on the commission only) at the appropriate rate prevailing by law at the date of the sale and is payable by all buyers.
12. Rights to Photograph and Illustrations
The buyer gives PFW full and absolute right to use such photographs and illustrations of lots sold at auction at any time at its absolute discretion (whether or not in connection with the auction).
13. Third Party Liability
Every person on PFW’s premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against PFW in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of PFW employees.
14. Exchange Rate Information
The currency exchange rates are those prevailing on the date shown. These exchange rates are for GUIDANCE only. All bids submitted will be converted to GBP (£) based on this exchange rate and all bids will be executed in GBP (£).
The Buyer will receive an email confirming his bid in GBP (£) and if successful is liable to pay this in GBP (£) at the exchange rate prevailing when he settles his account.