CONDITIONS OF SALE
Mallams 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.
In these Conditions:
(a) “auctioneer” means the firm of Mallams 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
(c) “hammer price” means the level of bidding reached (at or above any reserve) when the auctioneer brings down the
(d) “terms of consignment” means the stipulated terms and rates of commission on which Mallams 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
(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(d) Once made, no bid may be withdrawn.
(2) 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.
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 of 20%. This premium is subject to VAT at the
rate imposed by law.
5. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. 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 “Information for Buyers” for a brief explanation of the VAT position).
(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
(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
(1) 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 and on our own behalf, shall at our absolute discretion and without
prejudice to any other rights we may have, be entitled to exercise one or more 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
(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 1.5% per month on the total amount due to the extent it remains unpaid for
more than 3 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
(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) any of your property in our possession for
any purpose until the debt due is satisfied.
(2) 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 auctioneer nor our employees or agents shall incur liability for death or
personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of
persons visiting prior to or at a sale.
10. COMMISSION AND TELEPHONE 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 or by telephone. Neither the auctioneer 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 auctioneer 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.
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 AND CONDITION
(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 any 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
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 sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any
17 (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
(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. 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 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. 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. English law applies to the interpretation of these Conditions.
Vendors Commission Rates – 15% on the first £3,000, thereafter 10% per lot.
There is no minimum charge.
Loss and Damage Warranty – 1.5% of the hammer price of lots sold.
Lotting and internet fee – £5 per lot sold.
Illustration charges including - £10 per sold lot.
Unsold and withdrawal fees – There are no unsold charges. Lots withdrawn after
cataloguing or with unrealistic reserves 10% of lower
Payment – Cheques are forwarded normally within 18 working days,
subject to buyers’ payment.
Carriage and storage costs – The cost of carriage and storage may be deducted from sale
proceeds if appropriate.
VAT – Value Added Tax at the prevailing rate is payable on all
fees and charges.
Conditions – All sales are subject to the Conditions of Sale as printed in all
catalogues and receipt forms and posted in Salesrooms.
Buyers Premium – % Premium is payable on all purchases.
This is subject to VAT at the prevailing rate.
Catalogues, advertising – Illustrated catalogues are forwarded by 1st class post
and web sites throughout the UK by subscription. All sales are available for
viewing on our website at www.mallams.co.uk.
All sales are locally and internationally advertised.
House Sales – Mallams specialize in the sale of the contents of houses on the
premises wherever, and can offer a highly efficient service
from an experienced team.Terms are by negotiation.
VALUATION AND APPRAISAL
There is no charge for informal consultative visits and appraisals.
The Auctioneers are pleased to quote for written valuations for Insurance,
Probate and Family Division.These valuations can be bound and illustrated if required.