Terms & Conditions | Matthew Barton Ltd
Online Bidding
Matthew Barton Ltd offer an online bidding service for most auctions via www.invaluable.com, for bidders who cannot attend the sale. In completing the bidder registration on www.invaluable.com and providing your credit card details and unless alternative arrangements are agreed with Matthew Barton Ltd:
1. authorise Matthew Barton Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased online, and
2. confirm that you are authorised to provide these credit card details to Matthew Barton Ltd through www.invaluable.com, and agree that Matthew Barton Ltd are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via www.invaluable.com, live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.
IMPORTANT INFORMATION FOR BUYERS
All lots are offered subject to Matthew Barton Ltd's Condition's of Business and to reserves. The Conditions of Business for Buyers, are published at the end of the printed catalogue.
A Buyer's premium of 22% is applicable to all lots in this sale. The Buyer's Premium is subject to VAT at the standard rate (currently 20%). Unless otherwise indicated lots are offered for sale under the auctioneer's margin scheme and VAT on the Buyer's Premium is payable by all buyers.
Export and Permits: it is the purchaser's sole responsibility to identify and obtain any necessary export, import, endangered species or other permit for any lot. Matthew Barton Ltd makes no representations or warranties as to whether any lot is or is not subject to export or import restrictions or any embargoes.
Buyers outside the European Union will normally be eligible to obtain a refund in respect of VAT, upon satisfactory documentary evidence of exportation. Further information on this matter is available on request.
Matthew Barton Ltd can supply quotations for shipping of purchases, including transit insurance and VAT refund administration fees, and will assist in the application for any export licenses which may be required. Buyers are reminded that it is their responsibility to comply with UK export regulations and with any local import requirements.
Matthew Barton Ltd will be pleased to execute bids on behalf of those clients unable to attend the sale in person, subject to our Conditions of Business. Bids must be signed and submitted in writing in good time and lots will always be purchased as cheaply as possible (depending on any other bids received, reserves and competition in the saleroom). To bid by telephone please contact us at least 24 hours before the sale. These services are offered free of charge.
Estimates are published as a guide only and are subject to review. The actual hammer price of a lot may well be higher or lower than the range of figures given and there are no fixed "starting prices". Reserves are confidential but will never be higher than the low estimate figure at the time of sale.
Payment
Payment is due in sterling at the conclusion of the sale and before purchases can be released. Please note that we require seven days to clear sterling cheques unless special arrangements have been made in advance of the sale. We are pleased to accept Visa and Mastercard credit cards for which a surcharge will be made of 3% of the transaction total. There is no surcharge for payments made by UK debit cards. Cash and credit card payments above £6,000 and "card holder not present" payments above £2,000 will not be accepted without prior arrangement.
Electronic transfers may be sent directly to our Bank:
HSBC Bank Plc
38 High Street
DARTFORD DA1 1DG
IBAN No: GB53MIDL40190491814001
BIC: MIDLGB2128K
Sort Code: 40-19-04
Account No: 91814001
Account Name: Matthew Barton Ltd
VAT Registration Number: 972118224
Storage
On receipt of cleared funds, lots can be collected from the Saleroom during the auction or immediately after its completion. Thereafter, all purchased lots will be stored at Matthew Barton Ltd's premises for a period of one month prior to transfer to a third party for storage. A transfer fee of £10 per lot plus all incurred transfer and storage costs due to the third party will be payable prior to release. Please note that collection is by appointment on +44 (0) 20 7806 5545.
Cataloguing Practice
PLEASE NOTE THAT ALL MEASUREMENTS ARE APPROXIMATE AND THAT ILLUSTRATIONS ARE NOT TO SCALE. Weights may only be accurate to within 5 grams. Weights shown as '(*oz)' are in Troy Ounces and rounded down to the full ounce.
~ Lots marked with the symbol '~ ' have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import and export. The information is made available for the convenience of bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot.
It is common practice for many gemstones to be treated by a variety of methods to enhance their appearance and the international jewellery trade has generally accepted these methods. Although heat enhancement of colour is usually permanent, in some cases this could affect the durability of a gemstone. Oiled gemstones may need re-oiling after a certain period. If no gemmological report is published in the catalogue, prospective buyers should be aware that the gemstones or pearls could have been enhanced by some method.
Condition: not normally recorded and all lots sold as viewed. Obvious faults may be recorded in italics at the end of a description for ceramics. Condition reports can be requested prior to sale. Whilst we are pleased to provide a general report of condition, we are not professional conservators or restorers and any statement made by Matthew Barton Ltd is merely a subjective, qualified opinion. Prospective buyers should satisfy themselves in person wherever possible as to the condition of a lot, or ask an agent to inspect it for them.
Conditions of Business for Buyers
1. Introduction
(a) The contractual relationship of Matthew Barton Ltd and Sellers with prospective Buyers is governed by:
(i) these Conditions of Business for Buyers;
(ii) the Conditions of Business for Sellers displayed in the saleroom and available from Matthew Barton Ltd;
(iii) Matthew Barton Ltd's Authenticity Guarantee;
(iv) any additional notices and terms printed in the sale catalogue, in each case as amended by any saleroom notice or auctioneer's announcement.
(b) As auctioneer, Matthew Barton Ltd acts as agent for the Seller. Occasionally, Matthew Barton Ltd may own or have a financial interest in a lot.
2. Definitions
"Bidder" is any person making, attempting or considering making a bid, including Buyers;
"Buyer" is the person who makes the highest bid or offer accepted by the auctioneer, including a Buyer's principal when bidding as agent;
"Seller" is the person offering a lot for sale, including their agent, or executors;
"MBL" means Matthew Barton Ltd, Auctioneers, 25 Blythe Road, London, W14 0PD, company number 6504692.
"Buyer's Expenses" are any costs or expenses due to Matthew Barton Ltd from the Buyer;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Guide for Prospective Buyers;
"Hammer Price" is the highest bid for the Property accepted by the auctioneer at the auction or the post auction sale price;
"Purchase Price" is the Hammer Price plus applicable Buyer's Premium and Buyer's Expenses;
"Reserve Price" (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot.
The Buyer's Premium, Buyer's Expenses and Hammer Price are subject to VAT, where applicable.
3. Examination of Lots
(a) MBL's knowledge of lots is partly dependent on information provided by the Seller and MBL is unable to exercise exhaustive due diligence on each lot. Each lot is available for examination before sale. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions.
(b) All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of MBL's opinion and not representations of fact. Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at MBL's absolute discretion.
4. Exclusions and limitations of liability to Buyers
(a) MBL shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a counterfeit, subject to the terms of MBL's Authenticity Guarantee.
(b) Subject to Condition 4(a), neither MBL nor the Seller:-
(i) is liable for any errors or omissions in any oral or written information provided to Bidders by MBL, whether negligent or otherwise;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;
(iii) accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by MBL in connection with the conduct of auctions or for any matter relating to the sale of any lot.
(c) Without prejudice to Condition 4(b), any claim against MBL and/or the Seller by a Bidder is limited to the Purchase Price for the relevant lot. Neither MBL nor the Seller shall be liable for any indirect or consequential losses.
(d) Nothing in Condition 4 shall exclude or limit the liability of MBL or the Seller for death or personal injury caused by the negligent acts or omissions of MBL or the Seller.
5. Bidding at Auction
(a) MBL has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and supply such information and references as MBL requires. Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case MBL's prior and express consent must be obtained).
(b) MBL advises Bidders to attend the auction, but MBL will endeavour to execute absentee written bids provided that they are, in MBL's opinion, received in sufficient time and in legible form.
(c) When available, written and telephone bidding is offered as a free service at the Bidder's risk and subject to MBL's other commitments; MBL is therefore not liable for failure to execute such bids. Telephone bidding may be recorded.
6. Import, Export and Copyright Restrictions
MBL and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer's sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licenses required under the Convention on the International Trade in Endangered Species (CITES).
7. Conduct of the Auction
(a) The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary.
(b) The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller's behalf up to the Reserve Price for the lot, where applicable.
(c) Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer.
(d) Any post-auction sale of lots shall incorporate these Conditions of Business.
8. Payment and Collection
(a) Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the "Payment Date").
(b) Title in a lot will not pass to the Buyer until MBL has received the Purchase Price in cleared funds. MBL will generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the Buyer's obligation to pay the Purchase Price, as above.
(c) The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer's obligation to pay for the lot, as per Condition 8(a).
(d) The Buyer must arrange collection of lots within 10 working days of the auction. Purchased lots are at the Buyer's risk from the earlier of (i) collection or (ii) 10 working days after the auction. Until risk passes, MBL will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer. MBL's assumption of risk is subjected to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers.
(e) All packing and handling of lots is at the Buyer's risk. MBL will not be liable for any acts or omissions of third party packers or shippers.
9. Remedies for non-payment
Without prejudice to any rights that the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, MBL may in its sole discretion exercise 1 or more of the following remedies:
(a) Store the lot at its premises or elsewhere at the Buyer's sole risk and expense;
(b) Cancel the sale of the lot;
(c) Set off any amounts owed to the Buyer by MBL against any amounts owed to MBL by the Buyer for the lot;
(d) Reject future bids from the Buyer;
(e) Charge interest at 4% per annum above HSBC Bank plc Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;
(f) Re-sell the lot by auction or privately, with estimates and reserves at MBL's discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;
(g) Exercise a lien over any Buyer's Property in MBL's possession, applying the sale proceeds to any amounts owed by the Buyer to MBL. MBL shall give the Buyer 14 days written notice before exercising such lien;
(h) Commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;
(i) Disclose the Buyer's details to the Seller to enable the Seller to commence legal proceedings.
10. Failure to collect purchases
(a) If the Buyer pays the Purchase Price but does not collect the lot within 20 working days of the auction, the lot will be stored at the Buyer's expense and risk at MBL's premises or in independent storage
(b) If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, MBL will re-sell the lot by auction or privately, with estimates and reserves at MBL's discretion. The sale proceeds, less all MBL's costs, will be forfeited unless collected by the Buyer within 2 years of the original auction.
11. Data Protection
(a) MBL will use information supplied by Bidders or otherwise obtained lawfully by MBL for the provision of auction related services, client administration, marketing and as otherwise required by law.
(b) By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties worldwide for the purposes outlined in Condition 11(a) and to Sellers as per Condition 9(i).
12. Miscellaneous
(a) All images of lots, catalogue descriptions and all other materials produced by MBL are the copyright of MBL.
(b) These Conditions of Business are not assignable by any Buyer without MBL's prior written consent, but are binding on Bidders' successors, assigns and representatives.
(c) The materials listed in Condition 1(a) set out the entire agreement between the parties.
(d) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.
(e) These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of MBL.
Matthew Barton Ltd's Authenticity Guarantee
If Matthew Barton Ltd sells an item of Property which is later shown to be a "Counterfeit", subject to the terms below Matthew Barton Ltd. will rescind the sale and return the Buyer the total amount paid by the Buyer to Matthew Barton Ltd. for that Property, up to a maximum of the Purchase Price.
The Guarantee lasts for one (1) year after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable.
"Counterfeit" means an item of Property that in Matthew Barton Ltd's reasonable opinion is an imitation created with the intent to deceive over the authorship, origin, date, age, period, culture or source, where the correct description of such matters is not included in the catalogue description for the Property.
Property shall not be considered Counterfeit solely because of any damage and/or restoration and/or modification work (including, but not limited to, recolouring, tooling or repatinating).
Please note that this Guarantee does not apply if either:-
(i) the catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions;
(ii) the only method of establishing at the date of the sale that the item was a Counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical; or likely to have caused damage to or loss in value to the Property (in Matthew Barton Ltd's reasonable opinion);
(iii) there has been no material loss in value of the Property from its value had it accorded with its catalogue description.
To claim under this Guarantee, the Buyer must:-
(i) notify Matthew Barton Ltd in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and
(ii) return the Property to Matthew Barton Ltd in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale.
Matthew Barton Ltd has discretion to waive any of the above requirements. Matthew Barton Ltd may require the Buyer to obtain at the Buyer's cost the reports of two independent and recognised experts in the relevant field and acceptable to Matthew Barton Ltd. Matthew Barton Ltd shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense. In the event Matthew Barton Ltd decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by Matthew Barton Ltd.
