INFORMATION FOR BUYERS 1. Introduction The following informative notes are intended to assist buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand. 2. Agency As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy, your primary contract is with the seller. 3. Estimates Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive. 4. Buyer's Premium Buyer's Premium. The Conditions of Sale oblige buyers to pay a buyer's premium at 23% (27.6% plus VAT) on the hammer price of each lot purchased, with the exception of books and unframed maps on which no VAT is payable. ONLINE BIDDING We offer an online bidding service via easyliveauction.com for bidders who cannot attend the sale. Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price or no commission for the internet bidding if the ‘Flat Fee’ has been chosen at registration. 5. VAT A 'dagger' symbol indicates that VAT is payable by the buyer at the standard rate (presently 20%) on the hammer price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20%% on importation into the UK. The double 'dagger' symbol indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the hammer price and 20% on the buyer's premium. Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that the VAT included within the Premium is not recoverable as input tax. 6. Artist's Resale Right ("Droit de Suite") If a lot is affected by this right it will be identified with the symbol "*" next to the lot number. The buyer agrees to pay Bearnes Hampton & Littlewood an amount equal to the resale royalty and we will pay such amount to the artist's collecting agent. Resale royalty applies where the Hammer Price is 1,000 Euro or more and the amount cannot be more than 12,500 Euro per lot. The amount is calculated as follows: Royalty for the portion of the Hammer Price (in Euro) 4.00% up to 50,000 3.00% between 50,000.1 and 200,000 1.00% between 200,000.1 and 350,000 0.50% between 350,000.01 and 500,000 0.25% in excess of 500,000. Please note that this is still calculated in Euros and the royalty still applies even though we have left the EU. The Euro rate of exchange will be based upon the European Central Bank rate on the day of sale as all invoices are issued in Pounds Sterling. 7. Condition of Lots We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances lots mis-described because they are 'deliberate forgeries' may be returned and repayment made. There is a three (3) week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale). 8. Electrical Goods These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. 9. Export of Goods The export of any lot from the UK or import into any other country may be subject to one or more export or import licences being granted. It is the buyers responsibility to obtain any relevant export or import licence. The denial of any licence required or delay in obtaining such licence cannot justify the cancellation of the sale or any delay in making payment of the total amount due. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, eg: they may contain prohibited materials such as ivory. Ask us if you need help. 10. Bidding If you wish to bid at an auction, you will need to register and provide proof of identity and of your address and provide photographic ID. You will be invoiced to the name and address on the registration form. You may be asked to pay a deposit of £5,000 and this applies to online bidding, commission bidding, telephone bidding and bidding in person. Any deposit must be paid by debit card or electronic transfer. Bearnes Hampton & Littlewood must have cleared funds no later than 12 noon GMT, the day prior to the auction. If you are not successful you will be refunded (without interest) within seven working days. All telephone bids must be booked by 4.30pm on the day prior to the auction. 11. Commission Bidding Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyer's premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids, the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or fax. 12. Methods of Payment As a general rule, any cheques tendered will need to be cleared before removal of the goods is permitted. Please discuss with our office in advance of the sale if other methods of payment are envisaged. See Methods of Payment 13. Collection and Storage Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying our removal and storage charges.
CONDITIONS OF SALE Bearnes Hampton & Littlewood Limited carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. 1. Definitions In these Conditions:- (a) "auctioneer" means the firm of Bearnes Hampton & Littlewood Limited or its authorised auctioneer as appropriate; (b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description; (c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer; (d) "terms of consignment" means the stipulated terms and rates of commission on which Bearnes Hampton & Littlewood Limited accepts instructions from sellers or their agents; (e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions; (f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising; (g) "You", "Your" etc refer to the buyer as identified in Condition 2. (h) The singular includes the plural and vice versa as appropriate. 2. Bidding Procedures and The Buyer (a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid. (b) The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion. (c) Bidders shall be deemed to act as principals. (d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved. 3. Increments Bidding increments shall be at the auctioneer's sole discretion. 4. The Purchase Price The buyer shall pay the hammer price, together with a premium thereon per lot of 23.0% plus VAT (27.6%) which shall include VAT on the premium at the rate imposed by law. There is a surcharge when using internet bidding. ONLINE BIDDING We offer an online bidding service via easyliveauction.com for bidders who cannot attend the sale. Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price or no commission for the internet bidding if the ‘Flat Fee’ has been chosen at registration. 5. Value Added Tax (VAT) Value Added Tax on the hammer price is imposed by law on all items affixed with a 'dagger' or double 'dagger'. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to the Information for Buyers for a brief explanation of the VAT position). 6 Payment (1) Immediately a Lot is sold you will: (a) give to us, if requested proof of identity, and (b) pay to us the total amount due in cash or in such other way as is agreed by us. (2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied. 7. Title and Collection of Purchases (1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due. (2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges. (3) No purchase can be claimed or removed until it has been paid for. 8. Remedies for Non-Payment or Failure to Collect Purchases If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we as agent for the seller shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise all or any of the following rights and remedies:- (a) to proceed against you for damages for breach of contract; (b) to rescind the sale of that Lot and/or any other Lots sold by us to you; (c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller; (d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere; (e) to charge interest at a rate not exceeding 1½% per month on the total amount due to the extent that it remains unpaid for more than three working days after the sale; (f) to retain that or any other Lot sold to you until you pay the total amount due; (g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted. (h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) on any of your property in our possession until the debt due is satisfied. We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions. 9. Third Party Liability All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneers nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason or our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale. 10. Commission Bids Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneers nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made. 11. Warranty of Title and Availability The seller warrants to the auctioneers and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. 12. Agency The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers. 13 Terms of Sale The Seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot. 14. Descriptions (1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 "information to buyers". (2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation. 15. Forgeries Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery, we shall refund the money paid by you for the Lot including any buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of the sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this condition is additional to any right or remedy provided by law or by these Conditions of Sale. 16. General We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. 17. Right to Compensation (1) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate. (2) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them. 18. Notice Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting. 19. Special Terms Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue. 20. Other Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect. 21. Applicable Law English Law applies to the interpretation of these Conditions.
We do not undertake postage and packing or recommend anyone who may undertake this on your behalf. However the local branch of Mailboxes who receive our catalogues and are happy to assist and will quote in advance. 0044 1752 257224 Email: firstname.lastname@example.org
Mail Boxes Etc. collect items regularly from our saleroom, though special collections can be arranged if required. They offer a professional, domestic and International service by post, courier, road, air and sea, depending on the lot size, destination and speed required. Bespoke cases can also be made up for your lot or lots.
While indicative pricing is always obtainable by contacting Mail Boxes Etc., firm pricing is agreed after wrapping and packing prior to despatch.
Auction Postal Services email@example.com 07736 544362 ( excluding furniture )
Martin Bros. Removals Ltd. (Carriers for larger items, furniture etc )
The Old Sawmills, The Street, Kilmington, Warminster, Wiltshire, BA12 6RG
Tel: 01985 844144
ALBAN SHIPPING, Unit 4, Premier Business Park, Dencora Way, Luton. LU3 3HP.