Tayler & Fletcher LLP.
TERMS AND CONDITIONS OF BUSINESS
Tayler & Fletcher conduct Monthly Auction Sales of Antique, Modern and Reproduction Furniture and Household Effects and quarterly Auction Sales of Fine Art, Chattels and Antiques under the customary conditions as set out below. All persons shall be deemed to have full knowledge of the same.
The Company acts as Agents only in respect of goods for the purposes of sale and herein shall be known as the ‘Auctioneers’. Persons instructing the Firm to sell goods are herein known as ‘Vendors’. Persons who have acquired lots offered for sale by the Auctioneers are herein known as the ‘Purchasers’.
All persons attending a Sale under the conduct of the Auctioneers – whether at their salerooms 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 Firm.
Catalogued items will be available to view at the saleroom on the afternoon before the sale day and the morning before the sale commences. Purchasers should satisfy themselves by physical inspection of lots before bidding, as to the origin, authenticity, quality, age, weight, size and general description as lots are sold in their actual state with faults, imperfections or errors of description. As some items are not inspected by the Auctioneers prior to cataloguing we strongly recommend that you telephone us before travelling a long way to view a specific item. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity but declare that all statements, oral or in writing, are those of opinion only, and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Purchaser, against any vendor, the Auctioneers or their employees.
Breakages / Insurance / Packaging
Although, naturally enough the goods offered for sale are insured whilst in our hands, if a breakage occurs because of negligence, mishandling, or otherwise accidentally, the auction house will look to the person(s) responsible to recover a proportion of the perceived value of the item(s) as set by the auctioneer. A charge of 1.5% of the hammer price (excl. VAT) per lot will be levied to vendors to cover Insurance and the provision of overnight security in the saleroom. Please note we do not package or post items purchased at auction from our sales and items remain the sole responsibility of the purchaser (buyer) at the fall of the hammer. All collections, transit and delivery contracts entered into by the purchaser (buyer) remain the sole responsibility of the purchaser (buyer) and we as auctioneers (agents) accept no liability for loss or damage however or wherever caused post sale.
i. Any statement made by the Auctioneers or their employees as to authorship, attribution, identity, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as statement of fact. It is not necessarily definitive, and is intended as a guide only. Sometimes it may differ from the opinion of other specialist’s appraisers, museums or auction houses. All buyers must therefore make their own judgement prior to the purchase of any lot, which is always sold as viewed.
ii. Lots are sold subject to any announcement, declaration, alteration or description or other matters, made by the Auctioneer prior to the invitation of bids.
iii. Electrical/Mechanical goods are sold on the strict understanding that these are untested, without warranties or any other guarantees as to serviceability or working order, unless otherwise stated.
If attending an auction you will be expected to register for a buyer’s number before the sale commences. This involves completing a form giving your name, address and telephone number for which you will be allocated a bidder number. Should you be the highest bidder on a lot, showing the auctioneer your number will allow him to quickly record you as the successful purchaser.
If you are unable to attend the auction but would like to bid on an item, you may leave a commission bid. This is an instruction for the auctioneer to bid on your behalf up to a limit set by you. To leave a commission bid simply ask the sale staff for a commission form or download one from our Internet Site. Make sure to fill in the required information and return it before the sale commences. The Auctioneers will faithfully execute written commissions without charge, but without accepting responsibility for any oversight which may occur. The Auctioneers cannot be held responsible for, nor are they connected with any commission bids given to Porters. All commission bids must be placed with the Auctioneers no later than 9am on the morning of the sale.
i. 15% to £5000 / 10% next £10,000 / 5% residue thereafter, at the Cheltenham and Bourton Salerooms (Hammer price) achieved on the vendor total. Minimum £5 per lot catalogued (or unsold) inclusive of all national and local advertising and organising expenses, but exclusive of VAT at the current rate.
ii. There is an Insurance charge of 1.5% of the hammer price per lot (exclusive of VAT) and additional charges may be levied for Transportation of unsold goods, Storage, Photography and testing of Electrical Goods.
iii. If an item is withdrawn for any reason a withdrawal fee will be levied of £30 per lot plus VAT plus any other costs, however they are incurred.
iii. All catalogue photographs are charged at £20 plus vat (or proportioned for group photographs).
Telephone Bidding is available on sale days on lots with an estimated value of over £300 (GB Sterling) and can be arranged with the saleroom administrative staff.
At the fall of the hammer, the highest bidder, acceptable to the Auctioneer, shall be the purchaser and any dispute shall be settled by the Auctioneer whose decision shall be absolute and final. No lots shall be transferable. In making a bid, Purchasers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description and condition of lots. The Contract of Sale is made with the Auctioneers, as Agents for the Vendors and payment shall be made only to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Purchaser until full payment has been received.
The bidding can be regulated at the discretion of the Auctioneer, who reserves the right to accept or reject any bid, and in the case of lots upon which the Vendor placed a reserve; the Auctioneers have the right to bid on behalf of the Vendor.
i. Bourton Saleroom, a Buyer’s Premium of 15% of the hammer price per lot is payable by all purchasers, exclusive of VAT
ii. Cheltenham Saleroom, a Buyer’s Premium of 17.5% of the hammer price is payable by all purchasers, exclusive of VAT.
iii. Artists Resale Rights (ARR) or Droite de Suite - Please note all lots marked with an asterisk (*) may or may not be subject to an added buyers ARR payment at the maximum rate of 4% of the hammer price on lots of 1000 Euros (approx. £820) or more in accordance with EU Directive 2001/84/EC. Exchange rates will be calculated at the currency conversion rate on the day of the sale. Each time you bid on a lot covered by the ARR, you agree to pay an additional amount equal to the resale royalty, it you are the successful bidder this amount will be added to your invoice. For further information about ARR please contact the Fine Art Department.
Cheltenham Saleroom Fine Art Sale Bidding and Global Live Internet Bidding
Please register for a bidding number prior to bidding online via the-saleroom.com or in person at the saleroom.
Commission and Telephone Bids
Commission and telephone bids must be submitted on the correct forms in full and received by the Auctioneers by 7pm on view day. The Auctioneers regret that any bids left after this time are not guaranteed to be processed / executed.
i. Unless prior arrangements have been made with the Auctioneers, cheques in excess of recognised limits will not be accepted from the Purchasers unknown to them who have not supplied a Bank or other suitable reference. In all cases cheques must be supported with the production of a valid Bank card. Non-compliance with this condition may delay the release of lots pending the clearance of cheques.
ii. Otherwise cash is accepted.
iii. Tayler and Fletcher also accept all major debit cards including Visa and Mastercard, please check before bidding to ensure that your debit card provider is acceptable as a form of payment. Credit cards are only accepted by prior arrangement and are subject to a surcharge of 2% of the hammer price. We regret we are unable to accept Debit or Credit card payments over the telephone.
Collection and Storage
i. Vendors and Purchasers (clients) are obligated to remove all lots on the day of the sale at their own risk and expense immediately following the sale, deliveries can be arranged locally (minimum fee £50 + V.A.T) please contact 01451 821666 for details.
ii. All large items sold or unsold which are not collected on the day of the sale will be transported to our warehouse and a charge levied at £10 + V.A.T per lot. Following a period of seven days they will also be subject to an additional charge of £10 + V.A.T per week, per item, to cover storage expenses. The Auctioneers reserve the right to resell uncollected lots by auction or private treaty or alternatively, warehouse goods at the client’s expense. In all cases, the Auctioneers may act without notice to the client and any incidental expenses however incurred will become the liability of the clients.