1. The buyer is deemed to have accepted these Conditions of Sale and Notices by the making of any bid.
2. The highest bidder shall be the buyer at the “Hammer Price” and any dispute shall be settled at the Auctioneers absolute discretion. The Auctioneer shall have the right to determine the advance of the bid. The Auctioneer reserves the right to refuse any bid and of altering, adding to, dividing, consolidating or withdrawing any Lot or Lots at the sale or bidding on behalf
of the Seller. The Auctioneers shall be the sole arbitrators to every matter connected to the sale and their decision on each and every point in question shall be final and binding on all parties.
3. Brettells will not be responsible for the correctness of the description or measurement or weight or genuiness or authenticity of any article. Whilst believed to be correct descriptions are made as an expression of opinion only and all Lots are sold subject to all faults and errors in description. Neither the Auctioneers nor the Sellers make any warranty to buyers in respect of the law and any implied conditions or warranties are excluded except in the case of the Seller those implied in S.12 of The Sale of Goods Act 1973 as amended By The Supply of Goods (implied terms) Act 1973.
4. Buyers shall give, on request, their names and places of abode and/or business and to pay at the fall of the hammer the whole of the purchase money or such deposit as the Auctioneers may
5. Commission Bids will be executed free of charge for those unable to attend the sale but only upon receipt of written instructions. All commission bids are accepted only at senders
risk and no refunds or allowances shall be made to senders in respect of any error in description, lot number or maximum bid made by the sender.
6. All lots to be at the sole risk and charge of the buyer from the fall of the hammer and such Lots to be taken away with all faults, defects and errors of description of whatsoever nature.
No buyer shall be entitled to remove any Lot until he or she has paid for the whole of the Lots purchased in full and cheque, if appropriate, has cleared. If requested to do so the purchaser must supply reasonable means of identification and a receipted account before removing any or all lots.
Payment and Collection.
7. The Purchaser shall pay the hammer price together with a buyers premium to which VAT will be added. The amount of Buyers Premium will be announced at the start of the sale.
8. Full payment and collection of Lots by the buyer shall not exceed 3 working days after the day of the sale and the buyer shall be responsible for any removal, storage and insurance charges on any Lot not so removed. Please refer to paragraph 11 below.
9. Payment shall be made by Bankers Draft, Cash, Cheque, Debit or Credit Card. Cheques shall not be accepted by Brettells unless the purchaser is known to the Company or prior arrangements made at least two days prior to the sale. Brettells require the right to instruct the purchaser to provide a Bank Reference at the proposed purchasers sole expense. A processing charge does apply for Debit and Credit Cards.
10. The sale of each lot shall be governed by English Law.
11. On failure of compliance with these Conditions, the Auctioneers shall be at liberty to re-offer the Lot or Lots in the next sale (i.e. seven days later) without further notice, either by public or Private Sale and the deficiency, if any, arising from such second sale together with all charges and expenses attending the sale shall be recovered as and for liquidated damages.
Furthermore the Auctioneers shall be entitled to exercise one or more of the following rights and remedies:
a. Proceed against buyer for breach of contract.
b. to rescind the sale of any other Lots to the defaulting purchaser.
c. to reject or ignore any bids made by the defaulting purchaser or to obtain a deposit before accepting further bids.
12. For all purposes of the sale the Auctioneers shall be deemed to be Agents of both the Buyer and Seller and shall not be held responsible for any default by either the buyer or seller.
13. Every person on Brettells premises at any time shall be deemed to be there at their own risk and shall have no claim against Brettells in respect of any injury he/she may sustain or any
accident which may occur. Brettells shall have the right at their discretion to refuse admission to their premises to any person.
14. Brettells reserve the right to cancel any sale without prior notice.
15. Brettells Auctioneers & Valuers offer an online bidding service via easyLiveAuction.com for bidders who cannot attend the sale. In completing the bidder registration on easyLiveAuction.com and providing your credit card details and unless alternative arrangements are agreed with Brettells Auctioneers & Valuers
Please note that any lots purchased via easyLiveAuction.com live auction service will be subject to an
additional 3% commission charge + VAT to the rate imposed on the hammer price.
16. Artist’s Resale Right. Purchase of lots marked with the following symbol (+) will be subject to payment of the Artist’s Resale Right, at a percentage of the hammer price calculated as follows:
Portion of the hammer price (in Euros)………………Royalty Rate
From 0 to 50,000…………………………………….….4%
From 50,000.01 to 200,000……………………………..3%
From 200,000.01 to 350,000……………………………1%
From 350,000.01 to 500,000……………………………0.5%
The Artist’s Resale Right payable will be aggregate of the amounts payable under the above rate bands, subject to a maximum royalty payable of 12,500 Euros for any single work each time it is sold. The maximum royalty payable of 12,500 Euros applies to works sold for 2 million Euros and above. Calculation of the artist’s resale right will be based on the Pounds Sterling/Euro reference exchange rate quoted on the date of the sale by the European Central Bank.
CONDITIONS OF ENTRY
1. Goods will only be accepted for sale provided an Official Brettells Entry Form is completed and delivered to the Saleroom prior to sale. In default, the Entry Form to be completed by Brettells on behalf of the vendor and vendor to be deemed to have read and agreed to Conditions of Entry.
2. The Seller warrants to the Auctioneers and Purchaser that he is the true owner or is properly authorised to sell the goods and is able to transfer good and market able title free from any third party right. The Seller will indemnify Brettells, its Servants and Agents and the buyer against any loss or damage suffered in consequence of a breach of this condition.
3. Brettells have absolute discretion without giving reason to refuse any goods, to divide any Lot, to combine two or more Lots, to withdraw any Lot and in case of dispute to put up any Lot for sale again. Brettells reserve the right to declare any item unsaleable and to arrange for the disposal of such an item to a destructor without prior reference to the Vendor and to recoup all costs incurred from the Vendor.
4. Brettells sell as Agent for the Vendor and as such is not responsible for any default by the Vendor, and may, in the case of Lots upon which there is a reserve price, exercise the right to bid on behalf of the Vendor.
5. The Seller shall be entitled to place a reserve price on any Lot prior to sale representing the minimum hammer price at which the Lot may be treated as sold. Once placed, a reserve price cannot be changed except by consent of Brettells. Where a reserve has been placed only the Auctioneer may bid on behalf of the Seller. Any Lot entered with reserve that is subsequently not
sold will be offered at the next sale with no reserve. Brettells reserve the right to charge Commission on the reserve price plus VAT on unsold lots with reserve prices.
6. Brettells accept no liability for Lots delivered to their premises without sufficient sale instructions and reserve the right to make a charge for Warehousing in the Auction Room of £1.00 + VAT per item per day. A similar charge will be made for Lots left on the premises by Vendors after they have been requested to remove them. If not removed within 2 weeks Brettells reserve
the right to sell the items to defray costs.
7. Haulage. Where Brettells arrange Haulage of any items via their authorised Hauliers the costs will be deducted from Sale Proceeds and Vendors will be wholly liable for any outstanding balance, payable directly to the Haulier. Brettells act as Agents only and will not be liable for loss or damage of goods for unauthorised removal of goods and for damage to goods or premises by the Haulage Contractor.
8. A Vendor who sends goods for sale which are business assets must disclose to Brettells whether or not he/she is registered for VAT and declare their Registration Number if appropriate. A Vendor who is VAT registered supplying goods under the ‘Auctioneers Scheme’ or who has elected to apply to the goods for auction in the ‘Margin Scheme’ or ‘Global Accounting’ must advise
Brettells prior to sale.
9. The Seller authorizes Brettells to deduct Commission at the prevailing rate and to retain the Buyers Premium payable by the Purchaser. VAT will be added to the Commission charge.
COMMISSION RATES & CHARGES
Lotting/Administration Fee – £2.00 + VAT per lot.
19.5% + VAT
Subject to a minimum charge of £1.00 + VAT per lot whether sold or not.
A minimum charge of £5 per vendor per sale will apply
Lotting/Administration Fee – £5.00 + VAT per lot.
15% + VAT subject to a minimum £5.00 + VAT per Lot, whether sold or not
NB NB All unsold items will attract a charge of £5.00 +VAT per lot.
10. Insurance. Brettells are not regulated by the FSA for the provision of insurance to their clients. However, for its own protection, Brettells insures property against all risks consigned to it at the mid pre sale estimate at a charge of 1.6%. If the lot has been sold, it is insured at the hammer price against loss as a result of theft, fire, flood or negligence whilst on Brettells premises.
1.6%. If the lot has been sold, it is insured at the hammer price against loss as a result of theft, fire, flood or negligence whilst on Brettells premises.
11. Payments shall normally be paid to the Vendor within 21 days of the sale. All clients monies are held on a non-interest bearing current account. Sort Code 40-34-34. A/c No. 21224441.
Note: Sale Statements for under £5.00 will not be posted and must be collected.
12. Every person on Brettells premises at any time shall be deemed to be there at their own risk and shall have no claim against Brettells in respect of any injury he/she may sustain or any accident which may occur. Brettells shall have the right at their discretion to refuse admission to their premises to any person.
13. RICS Regulations. Brettells operate a Complaints Handling Procedure for Clients, copy available on request.
14. Brettells reserve the right to cancel any sale without prior notice.
15. All electrical items will be subjected to a basic electric safety test at a cost of £5.00 plus VAT per item. All items failing this test will be disposed of without prior notice to the seller and the full cost of such disposal to be borne by the vendor.