Definitions and Interpretations in these terms and conditions:
(a) The ‘Auctioneer’ shall be taken to mean the organization trading as Charlton Centre Auction Rooms or any director, partner or employee thereof at the time of sale;
(b) ‘Buyers’ shall be deemed to be the principals unless prior written notice is made to the Auctioneer that they are acting as agent on behalf of a named principal;
(c) ‘Forgery’ means a Lot which is so constituted as deliberately to deceive when considered in the light of its catalogue description;
(d) ‘The Interpretation Act 1978’ shall apply to the general construction of terms and expressions used in these Conditions as if contained in a statute.
(e) ‘Small items’ defined as being a Lot carried safely by one person;
(f) ‘Large items’ defined as being a Lot carried safely by two or more persons.
Auctions are unpredictable therefore we do our reasonable best to ensure the highest prices possible for your goods. However Lots sometimes sell under expectations or don’t sell at all. You are strongly advised to check with the saleroom immediately after each sale to discuss any unsold Lots – as re-entered low value Lots can become a drain on your final proceeds if frequently re-entered.
If items are submitted for auction without a reserve price that is precisely how the Auctioneer executes the sale, as the Auctioneer is required to do by law. This could mean, that a Lot estimated at £40 – £80, sells to the highest bidder (perhaps the only bidder) for as little as £20.
(i) Upholstered furniture made after 1950, regardless of original source, MUST have a fire label indicating that it conforms to modern fire regulations BS7177, otherwise it cannot be sold by law.
(ii) Ivory and other wildlife products now fall under new legislation and are frequently problematic.
(iii) Birds’ eggs are illegal to sell in the UK.
(iv) The Auctioneer cannot sell any offensive weapons that are not antique, and modern firearms must come from a Seller with a proven firearms license. Buyers of such goods must also produce relevant firearms license before goods can be released into their possession.
1. STANDARD RATES
1.1. Sellers Commissions are charged at 15% on the hammer price or our Minimum Commissions (see clause 1.2) whichever is the greater. Commissions and reserves should be agreed with the Auctioneer at the time of acceptance and may not be altered after a Sales Agreement receipt has been issued;
1.2. Minimum Commissions of £1 per Lot per sale for Small items and £1.50 per Lot for Large items whether sold or withdrawn. Withdrawn Lots will also be subject to costs as defined in clause 1.6 which have been incurred by the Auctioneer;
1.3. Entry fees of £1 per Lot is chargeable on registration each time a Lot goes under the hammer, sold or unsold and dependent on the size and complexity of the Lot;
1.4. Loss & Damage Warranty (INSURANCE) fees at 1.5% of the hammer price of each Lot sold (minimum fee £1.00 per Lot) or the reserve price agreed upon if unsold. The Auctioneer will hold all goods insured unless otherwise instructed in writing to the Auctioneer;
1.5. Catalogue, Illustration & Photography The Seller gives the Auctioneer full and absolute right to photograph and illustrate any Lot placed in their hands for sale and to use such photographs, including any provided by the Seller, at any time at their absolute discretion (whether or not in connection with the auction)
1.6. Withdrawn Lot fees are 10% of the (latest) expected price (mid low to high estimate). A minimum fee of £10 per Lot and 1.5% Loss & Damage Warranty is due to the Auctioneer on each withdrawn Lot;
1.7. Storage fees will be applied when late collection is NOT agreed in writing with the Auctioneer at a rate of £3 per Lot per day for Small items and £6 per Lot per day for Large items. All Lots must be paid for and collected within 7 days after the auction, unless by prior arrangement with the Auctioneer or these fees will be applied;
1.8. Removals / Delivery can be arranged on your behalf and are charged at cost;
1.9. Value Added Tax The above ‘Standard Rates’ are subject to Value Added Tax charged at the current rate and is payable on all commissions and fees.
2. RESERVES all goods are auctioned for sale WITHOUT RESERVE at the discretion of the Auctioneer, unless a Sales Agreement is completed with written instructions duly signed by the Seller and accepted by the Auctioneer and received prior to the sale. The Auctioneer retains the right to sell a Lot at 90% of the agreed reserve price. The Auctioneer retains the right to refuse to offer for sale any item where, in the Auctioneers opinion, the reserve price is too high and the item would not sell.
3. Sales Agreement – all Sellers’ will complete and duly sign and be counter signed by the Auctioneer a Sales Agreement for their Lots to be accepted for sale prior to delivery of the items to the saleroom. These terms and conditions of business shall prevail unless altered and countersigned by the Auctioneer. Every Lot will be detailed and recorded for its description and condition, size, reserve, low and high estimate values, the Seller’s proof of identity and authority to sell and general contact details. Additional details for ‘Trade Sellers’ may be required to validate their status;
3.1. Advice Notice - is emailed to the Seller prior to the catalogue being finalized and published. The Seller shall review the details of the notice and pay particular attention to the accuracy of the descriptive narratives and the correct setting of reserves and estimates. The Auctioneer shall presume the accuracy and acceptance of the Advice Notice sent to the Seller unless the Seller informs the Auctioneer prior to the publishing of the catalogue of any changes.
3.2. Post-Sale Advice Notice – is emailed within 48 hrs of the sale finishing, detailing the hammer results of the Sellers sold and unsold Lots.
3.3. Statements –are generated normally one month after the sale. The Statement lists the Lots sold and unsold and the respective fees applied in relation to the Standard Rates and or any other rates agreed with the Seller in accordance with the Sellers Agreement or in writing prior to each sale. The Statement is emailed to the Seller or posted as specified in the Sellers Agreement or as may be changed from time to time by the Seller and duly notified without delay to the Auctioneer in writing
4. HARDWOOD FURNITURE all NEW Hardwood furniture will require a valid certificate complying with FSC (Forest Steward Council) or similar standard to be placed in the sale.
5. SALES AGREEMENT the Auctioneer requires and accepts the signed Sales Agreement as a statement from the Seller to the effect that the goods submitted are their own unencumbered property or that they have authority to dispose of them on behalf of the true owner and are able to transfer good and marketable title to the property free from any third party claims. The Seller may be required to provide written evidence to the Auctioneer in addition to the Sales Agreement if they act as an Agent for the true owner to enter the Lots for sale and or if the Auctioneer feels further evidence is required from the Seller of the goods authenticity or true ownership
6. STANDARD RATES the Seller authorizes the Auctioneer to deduct commission at the ‘Standard Rates’ or other rates as agreed in writing and by signing the Sales Agreement the Seller is deemed to have accepted the Auctioneers Terms and Conditions of business.
7. CATALOGUE DESCRIPTIONS descriptive statements contained in the advertisements or catalogues or made up by the Auctioneer or any member of his staff shall be taken as matters of opinion only, and shall not be taken as statement of fact.
8. DISCLOSURES the Seller has a duty to disclose all defects, restorations or alterations to the goods (if any) at the time they are entered for sale and to draw them to the Auctioneer’s attention in writing. Failure to do so, notwithstanding any description of the goods given by the Auctioneer, can result in the sale being rescinded and the Seller being responsible for all allied costs incurred by the Buyer and Auctioneer.
9. ELECTRICAL AND MECHANICAL GOODS the Seller warrants in respect of any item or mechanical or electrical equipment that it is (a) in working order; (b) reasonably fit for the purpose for which it is designed or adapted; (c) that it can be used safely and without risk of causing injury or damage, and (d) will indemnify the Auctioneer against any loss or damage suffered in consequence of any breach of the above warranty and undertaking.
10. LOSS & DAMAGE WARRANTY (INSURANCE) unless otherwise instructed the Auctioneer will self-insure property (other than motor vehicles) consigned to it or put under its control for sale at the rates stated above. If the Seller instructs not to insure a Lot, it shall at all times remain at the risk of the Seller who hereby undertakes to indemnify the Auctioneer against all claims made or proceedings brought in respect of loss or damage to the Lot of whatever nature howsoever occurring and in any circumstances even where negligence is alleged or proven.
11. PHOTOGRAPHY the Seller gives the Auctioneer full and absolute right to photograph and illustrate any Lot placed in their hands for sale and to use such photographs and illustrations at any time at their absolute discretion (whether or not in connection with the auction).
12. VALUE ADDED TAX Sellers selling any assets of their business through the Auctioneer must disclose at the time the item is submitted for sale whether they are registered for VAT and must disclose the VAT registration number and whether the items are to be sold under the special scheme covering works of art, etc. Commission fees will be shown inclusive of VAT, which will not normally be recoverable by the Seller.
13. PAYMENTS to Sellers are normally processed fortnightly after the sale date by either Cash, BACS (usually received into the Seller’s bank account 2 days from the processing date) or by Cheque (posted 2 days after the processing date) subject to (a) our accounts team receiving correct bank details (b)payment has been received from the buyer (c) the Lots/s is/are not subject to any dispute or third party claim/s; a statement will be posted or emailed to you with the sale results and any relevant fees.
13.1 The Auctioneer acts as agents only and does not accept responsibility for any default on the part of either the Buyer or the Seller and in particular not be liable for payment to the Seller for any Lot or Lots until they have themselves received payment from the Buyer(s).
13.2 The Auctioneer reserves the right to retain any interest accrued on cleared net monies held to the order of the Seller. The Auctioneer reserves the right to refuse any goods if they are deemed unsuitable for sale.
13.3 Any goods delivered to the saleroom without a delivery note and or a completed and signed Sales Agreement will be rejected and or returned to the Seller or its Agent at the Seller’s costs.
14. The Auctioneer acts only as an agent for the Seller (unless otherwise specifically declared). Lots sold are likely to have been subject to wear and tear caused by user or the effects of age and may therefore have faults and imperfections. Buyers are given ample opportunity at viewing times to examine Lots to be sold and will be assumed to have done so. They must rely solely on their own skill and/or judgment as to whether Lots are fit for any particular purpose and not from any materials, descriptions or photography presented by the Auctioneer.
15. BIDS all bids made shall be treated as offers made upon these Conditions of Sale and all persons present are admitted to a sale on the basis that they have notice of these Conditions.
16. THE BUYER shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. No bid may be retracted. In the case of a dispute the Auctioneer may either declare the purchaser or put the Lot up again for sale.
17. AUCTIONEER’S DISCRETION the Auctioneer has sole discretion, (a) to refuse any bid, (b) to advance the bidding as he may decide, (c) to withdraw or divide any Lot or combine one Lot with another or others, (d) to exclude any person from the auction rooms, (e) to require pre-payment in full, and (f) to accept offers of not less than 90% of the agreed reserve.
18. RESERVES for Lots put up for sale are subject, (a) to any reserve price imposed by the Seller, (b) the right of the Auctioneer to bid on behalf of the Seller. It is the responsibility of the Seller to ensure any reserves are received by the Auctioneer prior to the commencement of the sale.
19. BUYER’S OBLIGATIONS, the Buyer shall as soon as possible after the sale, (a) pay the full purchase price within two (2) working days or immediately after the sale in a way acceptable to the Auctioneer, notwithstanding any prior arrangement for advance payment required by the Auctioneer, and (b) on proof of payment, clear the Lot/s purchased by the times specified. Lots may not be cleared during the sale except by permission of the Auctioneer.
20. LIABILITY OF THE AUCTIONEER AND SELLERS faults and imperfections (if any) are not stated in the catalogue and neither the Seller nor the Auctioneer is responsible for any defects whatsoever, (a) no warranty is given or authorized to be given by the Seller or the Auctioneer with regard to any Lot other than the Seller’s right to sell it, (b) any express or implied conditions or warranties relating to description or quality, are hereby excluded.
21. CATALOGUE DESCRIPTIONS descriptive statements contained in the advertisements or catalogues or made up by the Auctioneer or any member of the team should be taken as matters of opinion only, and shall not be taken as statement of fact.
22. FORGERIES notwithstanding Conditions 20 and 21, if the Auctioneer receives notice in writing from the Buyer within 5 days of the sale that in their opinion a Lot is a forgery (as defined in Definitions and Interpretations) and on giving such notification the Lot in question is returned to the Auctioneer at his working premises in the same condition as when bought, then if on considering such evidence as the Buyer supplies to prove their assertion, the Auctioneer decides that the Lot is a forgery the sale of the Lot will be rescinded and the purchase price repaid to the Buyer.
23. LOTS AND RISK the Buyer shall not become the owner of any Lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price in full together with any other fees due, but after the fall of the hammer the risk of damage or loss shall nevertheless be the Buyer’s.
24. THE BUYER’S shall pay to the Auctioneer a purchase fee of 15% of the hammer price inclusive of VAT on such. Live internet bidding incurs an additional charge of 3% on the hammer. A 2% surcharge is levied on credit card payments (there is a maximum £5,000 limit when paying by credit card). A payment of 60 pence is levied when paying by debit card.
25. DEFAULT BY BUYER if the Buyer fails to make payment in a way acceptable to the Auctioneer or to remove any Lot(s) bought by them within 48 hrs after the auction or in any other material respect fail to comply with these conditions, the Auctioneer shall have the right, (a) to resell the Lot(s) by public auction or otherwise without notice to the Buyer, and if any deficiency arises on such resale, after deducting the Auctioneer’s full costs and expenses, the Buyer shall be responsible to the Auctioneer therefore (but any net surplus to be the Seller’s) or, alternatively, (b) to store the Lot at the Auctioneer’s premises or elsewhere and to release the Lot to the Buyer only after payment in full of the purchase price together with any other fees due.
25.1 The Auctioneer reserves the right to charge storage of £3 per Lot per day for Small items and £6 per day for Large items on any Lot(s) not collected within 48hrs after the sale or by the time specified in writing from the Auctioneer together with any removal expenses. In addition, interest will be charged at 2.5% per month or part thereof, on any accounts that remain unpaid in part or full after 48hrs after the sale. Interest and storage will be charged after 48hrs after the sale.
25.2 The Buyer shall be liable for all legal and court costs incurred by the Auctioneers in pursuit of payment from the Buyer. The Auctioneer reserves the right to refuse any cheques and will not release Lots purchased until evidence has been received that any cheque or other payment method accepted has been cleared.
26. ARTISTS RESALE RIGHTS certain art works may incur an Artists Resale Right royalty charge of 4% when sold with a hammer price of 1,000 euros (approx. £780) or more. Artists Resale Right royalties are not subject to VAT.
27. all images and other materials produced for the auction remain the copyright of the Auctioneer for use at its discretion;
27.1. notices to the Auctioneer should be in writing and addressed to the relevant team. Notices to the Seller shall either be emailed or posted to the details provided by the Seller
27.2. should any of these Conditions be held unenforceable for any reason, the remaining provisions shall remain in force and effect.
28. the Auctioneer will use information provided by its clients or obtained by the Auctioneer relating to its clients for the provision of auction related services, insurance, marketing and to manage and operate its business, or as required by law;
28.1. the Auctioneer may wish to record and review video images of you and or telephone conversations for security or legal reasons or as necessary to provide a higher quality of service;
28.2. client’s agree that the Auctioneer may use any sensitive information that they supply to the Auctioneer, unless by law, the Auctioneer will not process sensitive personal data without express written consent.
LAW AND JURISDICTION
29. Conditions of sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with English law, which shall apply to their construction as well as their effect; and Jurisdiction for the benefit of the Auctioneer, all Sellers and Buyers/Clients agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Business relate or apply. All parties agree that the Auctioneer shall retain the right to bring proceedings in any court other than the Courts of England.
29.1. Terms and Conditions are published in the sale catalogue and on our website and your attention is drawn to them.