For the purpose of the following Terms & Conditions of Sale :-
•The Company is the Auctioneer
•The Seller is the person instructing the Auctioneers to sell goods by Auction
•The Buyer is the person who has acquired goods at an Auction
Glossary of Some Terms and Conditions
The Auctioneers give notice to intending Buyers that certain terms used in the description of goods contained in catalogues, will be interpreted as follows :-
•Gold and Silver
Whether foreign or English, articles which do not carry a hallmark but which would have been described as gold or silver prior to restrictions imposed by the Hallmarking Acts, are now described either as gold or silver coloured metal, or white metal as considered most appropriate.
•Books and Other Printed Material
These are not sold subject to collation. Intending Buyers should satisfy themselves as to completeness or otherwise, as they are sold as viewed and are not returnable.
•Pictures, Bronzes Etc.
Lots described as signed by and/or catalogued by reference to an individual’s forenames(s) and surname are, in our opinion, the work of that particular artist. All other descriptions are given without warranty or guarantee and imply that Buyers must act upon their own judgement of such lots.
•Electrical and Mechanical Goods
These goods are neither guaranteed nor warranted either to be in working order or for suitability of purpose. (See Terms & Conditions of Sale - Paragraph 8)
•Style or Reproduction
Items described as "style" or "reproduction" imply an affinity to an earlier design/age. This does not imply that we consider the items to be of the same age or period.
Imperfections are not stated. (See Terms & Conditions of Sale - Paragraphs 6 and 7).
Terms & Conditions of Sale
1.Every Auction and these Conditions of Sale shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts
2.The Company acts as Agents only in respect of goods delivered for the purpose of sale and shall here be known as the "Auctioneers". People instructing the Company to sell goods are here known as "Sellers". People who have acquired lots offered for sale by the Auctioneers are here known as "Buyers"
3.People attending an auction under the conduct of the Auctioneers - whether at their Auction Rooms 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 principals in respect of the cancellation/postponement of an Auction 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 Company
4.People handling lots do so at their own risk and shall make good all loss or damage however sustained; estimates of cost will be assessed by the Auctioneers, whose decision shall be final
5.The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions, website information and other publicity; but except where specifically instructed so to certify by a Seller, declare that all statements, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law by a Buyer, against any Seller, the Auctioneers or their employees, for damages, compensation or rescission of a transaction
6.Many lots are of an age or nature which preclude these being in pristine condition. Some catalogue descriptions may make reference to damage and/or restoration; however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others
7.Buyers should therefore 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 all faults, imperfections or errors of description
This condition shall particularly apply to absentee Buyers who should not rely upon third party reports, be they made by Auctioneers or others; as misdescriptions and/or failure to discern the condition of lots shall not allow entitlement to compensation or rescission of a transaction
8.Electrical/mechanical goods are sold on the strict understanding that these are untested, without warranties or any guarantees as to serviceability or working order
9.In making bids, Buyers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description and condition of lots
10.Lots are sold subject to any announcement, declaration, alteration of description or other matters, made by the Auctioneers prior to the invitation of bids
11.At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Buyer and any dispute shall be settled by the Auctioneers, whose decision shall be absolute and final
12.No lots shall be transferred
13.The Auctioneers may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the Seller, where there is a reserve price or at their authorised discretion
14.The Buyer shall give his/her name (and permanent place of abode, if demanded) and upon failure to do so, the Auctioneers may offer the lot again, at their sole discretion
15.As Agents only, the Auctioneers shall not be responsible for default on the part of the Sellers or Buyers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneers, in appropriate circumstances, to enforce the Sale Contract if they think fit
16.The Contract of Sale is made with the Auctioneers, as Agents for the Seller and payment shall only be made to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Buyer until full payment has been received
17.Cheques are not accepted as a method of payment; which shall be in cash or by credit card (subject to a small surcharge), debit card or electronic bank transfer.
18.At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Buyer, including those of fire, burglary, etc., and damage occasioned to lots by the removal of other goods
19.Buyers shall pay for and remove lots at their own risk and expense immediately following the Auction; after such time they shall be subject to a daily charge of £1 per lot, plus VAT, and where applicable, interest on outstanding accounts will be levied at 4% above Lloyds Bank Minimum Lending Rate. Such additional charges being subject to the foregoing conditions regulating payment and no lots shall be released to a Buyer until any excess charges have been paid. In any event, the Auctioneers reserve the right to resell uncollected lots by Auction or Private Treaty or alternatively, warehouse goods at a Buyer's expense. In all cases, the Auctioneers may act without notice and any incidental expenses incurred will become the responsibility of the defaulter
20.Notwithstanding any other terms in these Conditions of Sale, if within seven days of an Auction, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or similar printed matter) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers, in the same condition as it was at the time of the Auction - and by producing evidence, the burden of proof to be upon the Buyer - satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund purchase monies received by them. This benefit is not assignable
In the context of this guarantee, a "deliberate forgery" means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Auction was in accordance with the then general opinion of experts or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable
21.The Auctioneers are prepared to accept commission bids on behalf of intending Buyers, unable to attend at the time of the Auction, (but bids of less than £10 will not be accepted) providing requests are made in writing and up to half an hour before the commencement of an Auction and given to the Auctioneers. This service is undertaken free of charge but without responsibility
22.If an asterisk precedes any lot number, VAT will also be payable on the whole hammer price
23.A Buyers Premium of 15% plus VAT is levied on each lot
24.Any levy due under Artist's Resale Right (Droite de Suite) legislation, shall be payable by the buyer and due as part of the total purchase monies