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. Knowle Auction Rooms acts as an agent only in the respect of goods for the purpose of sale and shall be known as the "Auctioneers". The people instructing Knowle Auction Rooms to sell goods are known as " Sellers". The people who acquired the goods offered for sale by the Auctioneer are known as "Buyers".
3. People attending an auction whether held on the premises of Knowle 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 staff in respect of 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 of Knowle Auction Rooms.
4. People handling/examining goods do so at their own risk and shall make good all loss or damage however sustained; the Auctioneer whose decision is final will assess estimates of cost.
5. Many items are of an old and fragile nature and not in pristine condition. Some reference may be made to damage and/or restoration in the catalogue description; 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.
6. Every effort is taken by Knowle Auction Rooms to ensure the accuracy of advertisements, catalogue descriptions, website information and any other publicity. All statements, oral or written 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 Auctioneer or their employees for changes, compensation or rescission of a transaction.
7. Buyers should satisfy themselves as to the origin, authenticity, quality, age, weight, size and general description of lots in a sale, by physical inspection in person.
8. Electrical/Mechanical goods are sold on the understanding that they are untested without warranties or guarantees as to their general working order/safety or fitness for purpose.
9. Lots are sold subject to any change of description or estimate or alteration made by the Auctioneers prior to the invitation of bids.
10. In the process of making a bid the buyer acknowledges and accepts that their attention has been drawn to the Conditions of Sale and they are satisfied with the description and condition of lots.
11. At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the buyer and the Auctioneers, whose decision is final and absolute, shall settle any dispute.
11a. All people wishing to bid in person need to register for a paddle number prior to the auction, producing two proofs of identity (i.e. a driving license, passport plus a debit or credit card in their name). Bids from people without a paddle number will not be accepted.
11b. Clients wishing to bid online via the-saleroom.com will need to register to bid before 6pm on the day before the sale.
12. Knowle Auction Rooms may divide, combine, add or withdraw lots and make any catalogue alterations without notice or reason, they shall regulate the advance of bidding, accept or reject any bid and bid on behalf of the seller, where there is a reserve price or at the auctioneer’s discretion.
13. No bids shall be transferred.
14. Knowle Auction Rooms act as agents for the seller and as such 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.
15. The Buyer shall pay to the Auctioneer a premium on the hammer price as follows:
Hammer Price of £1 - £25,000 will be charged at 20%
Hammer Price of £25,001 - £500,000 will be charged at 15%
Hammer Price of £500,001 and over will be charged at 10%
(VAT is charged at the legal current rate). The premium is not negotiable and is payable by all buyers. The Auctioneer may request deposits and/or full payment for lots immediately at the fall of the hammer. If an asterisk precedes any lot number, VAT will also be payable on the whole hammer price.
15a. 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.
16. Buyers shall pay for and remove lots at their own risk and expense within 10 working days of the auction, after which time a storage charge of £1 (plus vat) per day. Storage will be applied, if after 21 days of the sale, the items still remain on the premises, Knowle Auction Rooms reserve the right to remove items into storage at the buyers expense.
16a. For buyers requiring national or international shipping please contact Mailboxes on 0121 685 8300 or Pack & Send on 0121 741 2737. The buyer will be invoiced directly by the appropriate company. For larger items and removals contact Carl Payne on 07900 677279 email@example.com . No lot shall be released by the Auctioneers until payment for lot/s is received in full.
17. Payment will be accepted in Pounds Sterling by cash (£5,000 limit), debit card or credit card (with a surcharge), by banker’s draft. No cheques will be accepted. Please note that Debit and Credit cards will only be accepted when paying in person. Debit and Credit card payments will not be accepted over the telephone.
18. 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/hers 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 of the auction, returns the lot to the Auctioneers, 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.
19. The Auctioneers are prepared to accept bids on behalf of intending buyers, unable to attend at the time of the auction, providing requests are made in writing and received up to an hour before the start of the auction and given to the Auctioneer. This service is undertaken free of charge and without responsibility.
20. The copyright of all photographs and promotional material published by Knowle Auction Rooms will remain their property, unless otherwise previously and specifically agreed and confirmed in writing with the seller.
21. VAT (as applicable by law) will be levied on all fees, charges and expenses at the basic rate.
22. In accordance with Artist's resale rights regulations 2006 all applicable lots which sell for 1000 Euros or more are subject to resale royalty charges. This Royalty is payable by the buyer. The Royalty will be charged at a rate of 4% of the total hammer price (excluding buyers premium), for lots selling for amounts up to 50,001 Euros, the Royalty shall be calculated at a reduced rate. The Royalty is not subject to VAT and is payable by the buyer in sterling calculated on the day of the sale at the prevailing rate of exchange. Payment shall be passed directly to the Design and Artists copyright society (DACS) 33 Great Sutton St, London, EC1V 0DX. For further information please contact the Auctioneers or DACS on 0845 4103410 or visit the website www.dacs.org.uk
Certain items need a CITES certificate if the buyer wishes to transport them out of the UK, this is the responsibility of the prospective buyer to arrange. An up to date listing of all materials affected and more information can be found at www.cites.org This website and these terms are governed exclusively by English Law and are subject to the exclusive jurisdiction of the courts of England and Wales. They may be added to or amended at anytime, anything arising not specifically covered will be dealt with using the industries best codes of practice.
Knowle Auction Rooms do not accept liability of any description, including liability for negligence, or any damages or losses (including but not limited to, indirect or consequential loss of business, revenue profits, use or opportunity) howsoever arising or from your use (or inability to use) this website or contents
23. Once the goods purchased have left the auction premises they are the responsibility of the purchaser and their carriers. Knowle Auction Rooms Ltd. accept no responsibility once items have left our premises.
Glossary of Terms
The Company is the Auctioneer.
The Seller is the person instructing the Auctioneer to sell good by Auction.
The Buyer is the person who has purchased goods at Auction.
Hammer price - the value at which the Auctioneer concludes the transaction.
Reserve - Usually set by the seller after taking advice from the auctioneers, a reserve is a figure below which an item will not be sold and remains confidential between the seller and the Auctioneer.
Pre-auction estimates - Prepared by the Auctioneer for the benefit of the prospective buyers, and are a matter of opinion. The are available during viewing and printed in the catalogue but buyers should make their own decisions of worth.
Pictures and Bronzes (other signed works) - Lots are described as signed by Forename(s) and or Surnames of an artist are in our opinion a work by that artist. Signed works, where in our opinion, doubt exists regarding their origin, will be described only as bearing the artists name. Provenance will be provided where such proof exists but in all cases the buyer must satisfy themselves as to the authenticity or otherwise of the work.
Books and printed matter - Prospective buyers should satisfy themselves as to their completeness or otherwise, they are sold as viewed and are not returnable.
Silver/Gold - English or foreign articles which do not carry a hallmark but would have been described at Gold or Silver prior to the restrictions imposed by the Hall Marking Act, will now be described as yellow/silver/white coloured metals.
Style/Reproduction - In our opinion the items are a more recent copy of a period item.
s/d - slight damage
a/f - as found
Certain items need a CITES certificate if the buyer wished to transport them out of the UK, this is the responsibility of the prospective buyer to arrange. An up to date listing of all materials affected and more information can be found at www.cites.org.