Lyon & Turnbull Terms and Conditions
UK - CONDITIONS OF SALE FOR BUYERS 21.0
These Conditions of Sale and the Saleroom Notices as well as specific Catalogue terms, set out the terms on which we offer the Lots listed in this Catalogue for sale. By registering to bid and/or by bidding at auction You agree to these terms, we recommend that You read them carefully before doing so. You will find a list of definitions and a glossary at the end providing explanations for the meanings of the words and expressions used.
Special terms may be used in Catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms, etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the Catalogue. These notices and terms will also form part of our terms and conditions of sales.
In these Conditions the words "Us", "Our", "We" etc. refers to Lyon & Turnbull Ltd, the singular includes the plural and vice versa as appropriate. "You", "Your" means the Buyer.
Lyon & Turnbull Ltd. acts as agent for the Seller.
A. BEFORE THE SALE
1. DESCRIPTIONS OF LOTS
Whilst we seek to describe Lots accurately, it may be impractical for us to carry out exhaustive due diligence on each Lot. Prospective Buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a Lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or Estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the Auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of Lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the Lot and should not be relied upon as indicative of the overall condition of the Lot. All dimensions and weights are approximate only.
2. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOTS
We do not provide any guarantee in relation to the nature of a Lot apart from our authenticity warranty contained in paragraph E.2 and to the extent provided below.
(a) Condition Reports: Condition Reports are provided on our Website or upon request. The absence of a report does not imply that a Lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavour to respond to all requests although we offer no guarantee. Any statement in relation to the Lot is merely an expression of opinion of the Seller or us and should not be relied upon as an inducement to bid on the Lot. Lots are available for inspection prior to the sale and You are strongly advised to examine any Lot in which You are interested prior to the sale. Our Condition Reports are not prepared by professional conservators, restorers or engineers. Our Condition Report does not form any contract between us and the Buyer. The Condition Reports do not affect the Buyer's obligations in any way.
(b) Estimates: Estimates are placed on each Lot to help Buyers gauge the sums involved for the purchase of a particular Lot. Estimates do not include the Buyer's Premium or VAT. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change and are for guidance only and should not be relied upon.
(c) Catalogue Alterations: Lot descriptions and Estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the Catalogue alteration sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware to any alterations which may have occurred.
3. WITHDRAWAL
Lyon & Turnbull may, at its discretion, withdraw any Lot at any time prior to or during the sale of the Lot. Lyon & Turnbull has no liability to You for any decision to withdraw.
4. JEWELLERY, CLOCKS & OTHER ITEMS
(a) Jewellery:
(i) Coloured gemstones (such as rubies, sapphires and emeralds) may have been treated to enhance their look, through methods such as heating and oiling. These methods are accepted practice but may make the gemstone less strong and/or require special care in future.
(ii) All types of gemstones may have been improved by some method. You may request a gemmological report for any Lot which does not have a report if the request is made to us at least three weeks before the date of the sale and You pay the fee for the report in advance of receiving said report.
(iii) We do not obtain a gemmological report for every gemstone sold in our sales. Where we do get gemmological reports from internationally accepted gemmological laboratories, such reports may be described in the Sale Particulars. Reports will describe any improvement or treatment only if we request that they do so, but will confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree whether a particular gemstone has been treated, the amount of treatment or whether treatment is permanent. The gemmological laboratories will only report on the improvements or treatments known to the laboratories at the date of the report.
(iv) For jewellery sales, all Estimates are based on the information in any gemmological report or, if no gemmological report is available, You should assume that the gemstones may have been treated or enhanced.
(b) Clocks & Watches: All Lots are sold "as seen", and the absence of any reference to the condition of a clock or watch does not imply the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches will have been repaired during their normal lifetime and may now incorporate additional/newer parts. Furthermore, we make no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Buyers should also be aware that we cannot guarantee a watch will remain waterproof if the back is removed. Buyers should be aware that the importing watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches cannot be shipped to the USA and only imported personally. Clocks may be sold without pendulums, weights or keys.
(c) Alcohol: may only be sold to persons aged of 18 years and over. By registering to bid, You affirm that You are at least that age. All collections must be signed for by a person over the age of 18. We Reserve the right to ask for ID from the person collecting. Buyers of alcohol must make appropriate allowances for natural variations of ullages, conditions of corks and wine. We can provide no guarantees as to how the alcohol may have been stored. There is always a risk of cork failure and allowance by the Buyer must be made. Alcohol is sold "as is" and quality of the alcohol is entirely at the risk of the Buyer and no warranties are given.
(d) Books-Collation: If on collation any named item in the sale Catalogue proves defective, in text or illustration the Buyer may reject the Lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings nor in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text nor in respect of Defects mentioned in the Catalogue, or at the time of sale, nor in respect of Lots sold for less than £300.
(e) Electrical Goods: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.
(f) Upholstered items: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations). Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given. We provide no guarantee as to the originality of any wood/material contained within the item.
B. REGISTERING TO BID
1. NEW BIDDERS
(a) If this is Your first time bidding at Lyon & Turnbull or You are a returning Bidder who has not bought anything from us within the last two years You must register at least 48 hours before an auction to give us enough time to process and approve Your registration. We may, at our discretion, decline to permit You to register as a Bidder. You will be asked for the following:
(i) Individuals: Photo identification (driving licence, national identity card or passport) and, if not shown on the ID document, proof of Your current address (for example, a current utility bill or bank statement)
(ii) Corporate clients: Your Certificate of Incorporation or equivalent document(s) showing Your name and registered address together with documentary proof of directors and beneficial owners, and;
(iii) Trusts, partnerships, offshore companies and other business structures please contact us directly in advance to discuss requirements.
(b) We may also ask You to provide a financial reference and/or a deposit to allow You to bid. For help, please contact our Finance Department on +44(0)131 557 8844.
2. RETURNING BIDDERS
We may at our discretion ask You for current identification as described in paragraph B.1.(a) above, a finance reference or a deposit as a condition of allowing You to bid. If You have not bought anything from us in the last two years, or if You want to spend more than on previous occasions, please contact our Finance Department on +44(0)131 557 8844.
3. FAILURE TO PROVIDE THE RIGHT DOCUMENTS
If in our opinion You do not satisfy our Bidder identification and registration procedures including, but not limited to, completing any anti-money laundering and/or anti-terrorism financing checks we may require to our satisfaction, we may refuse to register You to bid, and if You make a successful bid, we may cancel the contract between You and the Seller.
4. BIDDING ON BEHALF OF ANOTHER PERSON
(a) As an authorised Bidder: If You are bidding on behalf of another person, that person will need to complete the registration requirements above before You can bid, and supply a signed letter authorising You to bid for him/her.
(b) As agent for an undisclosed principal: If You are bidding as an agent for an undisclosed principle (the ultimate Buyer(s)) You accept personal liability to pay the Purchase Price and all other sums due, unless it has been agreed in writing with us before commencement of the auction that the Bidder is acting as an agent on behalf of a named third party acceptable to us and we will seek payment from the named third party.
5. BIDDING IN PERSON
If You wish to bid in the saleroom You must register for a numbered bidding paddle before You begin bidding. Please ensure You bring photo identification with You to allow us to verify Your registration.
6. BIDDING SERVICES
The bidding services described below are a free service offered as a convenience to our clients and we are not responsible for any error (human or otherwise), omission or breakdown in providing these services.
(a) Phone bids
Your request for this service must be made no later than 12 hours prior to the auction. We will accept bids by telephone for Lots only if our staff are available to take the bids. If You need to bid in a language other than English You should arrange this Well before the auction. We do not accept liability for failure to do so or for errors and omissions in connections.
(b) Internet Bids
For certain auctions we will accept bids over the internet. For more information please visit our Website. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding.
(c) Written Bids
While prospective Buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we shall, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. Where two or more commission bids at the same level are recorded we Reserve the right in our absolute discretion to prefer the first bid so made. Bids must be expressed in the currency of the saleroom. The Auctioneer will take reasonable steps to carry out written bids at the lowest possible price, taking into account the Reserve. If You make a written bid on a Lot which does not have a Reserve and there is no higher bid than Yours, we will bid on Your behalf at around 50% of the lower Estimate or, if lower, the amount of Your bid.
C. DURING THE SALE
1. ADMISSION TO OUR AUCTIONS
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. We may refuse admission at any time before, during or after the auction.
2. RESERVES
Unless indicated by an insert symbol (?), all Lots in this Catalogue are offered subject to a Reserve. A Reserve is the confidential Hammer Price established between us and the Seller. The Reserve is generally set at a percentage of the low Estimate and will not exceed the low Estimate for the Lot.
3. AUCTIONEER'S DISCRETION
The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer's absolute discretion. The Auctioneer may move the bidding backwards of forwards in any way he or she may decide or change the order of the Lots. The Auctioneer may also; refuse any bid, withdraw any Lot, divide any Lot or combine any two or more Lots, reopen or continuing bidding even after the hammer has fallen.
4. BIDDING
The Auctioneer accepts bids from:
(a) Bidders in the saleroom;
(b) Telephone Bidders, and internet Bidders through Lyon & Turnbull Live or any other online bidding platform we have chosen to list on and;
(c) Written bids (also known as absentee bids or commission bids) left with us by a Bidder before the auction.
5. BIDDING INCREMENTS
Bidding increments shall be at the Auctioneer's sole discretion.
6. CURRENCY CONVERTER
The saleroom video screens and bidding platforms may show bids in some other major currencies as Well as sterling. Any conversion is for guidance only and we cannot be bound be any rate of exchange used. We are not responsible for any error (human or otherwise) omission or breakdown in providing these services.
7. SUCCESSFUL BIDS
Unless the Auctioneer decides to use their discretion as set out above, when the Auctioneer's hammer falls, we have accepted the last bid. This means a contract for sale has been formed between the Seller and the successful Bidder. We will issue an invoice only to the registered Bidder who made the successful bid. While we send out invoices by post/or email after the auction, we do not accept responsibility for telling You whether or not Your bid was successful. If You have bid by written bid, You should contact us by telephone or in person as soon as possible after the auction to get details of the outcome of our bid to avoid having to pay unnecessary storage charges.
8. RELEVANT LEGISLATION
You agree that when bidding in any of our sales that You will strictly comply with all relevant legislation including local laws and regulations in force at the time of the sale for the relevant saleroom location.
D. THE BUYER'S PREMIUM, TAXES AND ARTIST'S RESALE ROYALTY
1. THE PURCHASE PRICE
For each Lot purchased a Buyer's Premium of 25% of the Hammer Price of each Lot up to and including £300,000, plus 20% from £300,001 thereafter. VAT at the appropriate rate is charged on the Buyer's Premium. No VAT is payable on the Hammer Price or premium for printed books or unframed maps bought at auction.
Live online bidding may be subject to an additional premium (level dependent on the live bidding service provider chosen). This additional premium is subject to VAT at the appropriate rate as above.
2. VALUE ADDED TAX
Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by Buyers of relevant Lots.
(a) Lots affixed with (†): Value Added Tax on the Hammer Price is imposed by law on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme.
(b) Lots affixed with (*): A reduced rate of Value Added Tax on the Hammer Price of 5% is payable. This indicates that a Lot has been imported from outwit the European Union. This reduced rate is applicable to Antique items.
(c) Lots affixed with [?]: Standard rate of Value Added Tax on the Hammer Price and premium is payable. This applies to items that have been imported from outwit the European Union and do not fall within the reduced rate category outlined above.
3. ARTIST'S RESALE ROYALTY (DROIT DE SUITE)
This symbol § indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the Hammer Price and in addition to the Buyer's Premium. It will not apply to works where the Hammer Price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society ('DACS') and no handling costs or additional fees are retained by the Auctioneer. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.
E. WARRANTIES
1. SELLER'S WARRANTIES
For each Lot, the Seller gives a warranty that the Seller;
(a) Is the owner of the Lot or a joint owner of the Lot acting with the permission of the other co-owners, or if the Sellers is not the owner of or a joint owner of the Lot, has the permission of the owner to sell the Lot, or the right to do so in law, and;
(b) Had the right to transfer ownership of the Lot to the Buyer without any restrictions or claims by anyone else.
If either other above warranties are incorrect, the Seller shall not have to pay more than the Purchase Price (as defined in the glossary) paid by You to us. The Seller will not be responsible to You for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages or expense. The Seller gives no warranty in relation to any Lot other than as set out above and, as far as the Seller is allowed by law, all warranties from the Seller to You, and all obligations upon the Seller which may be added to this agreement by law, are excluded.
2. AUTHENTICITY GUARANTEE
We guarantee that the authorship, period, or origin (collectively, "Authorship") of each Lot in this Catalogue is as stated in the BOLD or CAPITALISED type heading in the Catalogue description of the Lot, as amended by oral or written saleroom notes or announcements. We make no warranties whatsoever, whether express or implied, with respect to any material in the Catalogue other than that appearing in the Bold or Capitalised heading and subject to the exclusions below.
In the event we, in our reasonable opinion, deem that the conditions of the authenticity guarantee have been satisfied, it shall refund to the original purchaser of the Lot the Hammer Price and applicable Buyer's Premium paid for the Lot by the original purchaser.
This Guarantee does not apply if:
(a) The Catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) at the date of the sale, or the Catalogue description indicated that there was a conflict of such opinions; or
(b) the only method of establishing that the Authorship was not as described in the Bold or Capitalised heading at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in our reasonable opinion) to have caused damage to the Lot or likely to have caused loss of value to the Lot; or
(c) There has been no material loss in value of the Lot from its value had it been in accordance with its description in the Bold or Capitalised type heading.
This Guarantee is provided for a period of one year from the date of the relevant auction, is solely for the benefit of the original purchaser of the Lot at the auction and may not be transferred to any third party. To be able to claim under this Authenticity Guarantee, the original purchaser of the Lot must:
(a) notify us in writing within one month of receiving any information that causes the original purchaser of record to dispute the accuracy of the Bold or Capitalised type heading, specifying the Lot number, date of the auction at which it was purchased and the reasons for such dispute; and
(b) return the Lot to our registered office in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
We have discretion to waive any of the above requirements. We may require the original purchaser of the Lot to obtain, at the original purchaser of Lot's cost, the reports of two independent and recognised experts in the field. The reports must be mutually acceptable to us and the original purchaser of the Lot. We shall not be bound by any reports produced by the original purchaser of the Lot, and Reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original Purchase Price paid (the successful Hammer Price, plus the Buyer's Premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law. Lyon & Turnbull and the Seller shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
3. YOUR WARRANTIES
(a) You warrant that the funds used for settlement are not connected with any criminal activities, including tax evasion and You are neither; under investigation, have been charged with or convicted of money laundering, terrorist activities or other crimes.
(b) Where You are bidding on behalf of another person You warrant that:
(i) You have conducted appropriate customer due diligence on the ultimate Buyer(s) of the Lot(s) in accordance with all relevant anti-money laundering legislation, consent to us relying on this due diligence, and You will retain for a period of not less than five years the documentation evidencing the due diligence. You will make such documentation promptly available for immediate inspection by a third party auditor upon our written request to do so;
(ii) The arrangements between You and the ultimate Buyer(s) in relation to the Lot or otherwise do not, in whole or in part, facilitate tax crimes, and;
(iii) You do not know, and have no reason to suspect that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion, or that the ultimate Buyer(s) are under investigation or have been charged with or convicted of money-laundering, terrorist activities, or other crimes.
F. PAYMENT
1. MAKING PAYMENT
(a) Within 7 days of a Lot being sold You will pay to us the Total Amount Due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. Please note that we do not accept cash payments over £5,000 per Buyer per year.
(b) Any payments by You to us can be applied by us towards any sums owing by You to us howsoever incurred and without agreement by You or Your agent, whether express or implied.
(c) We will only accept payment from the registered Bidder. Once issued, we cannot change the Buyer's name on an invoice or re-issue the invoice in a different name.
(d) The ownership of any Lots purchased shall not pass to You until You have made payment in full to us of the Total Amount Due. The risk in and the responsibility for the Lot will transfer to You from whichever is the earlier of the following:
(i) When You collect the Lot; or
(ii) At the end of the 30th day following the date of the auction, or, if earlier, the date the Lot is taken into care by a third party unless we have agreed otherwise with You in writing.
(e) You shall at Your own risk and expense take away any Lots that You have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any cheque used for payment whichever is later. We can provide You with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.
(f) No purchase can be claimed or removed until it has been paid for.
(g) It is the Buyer's responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for Lots not collected by the appropriate time.
(h) If you agree to our pack and send service (if applicable) payment of shipping fees must be made prior to us posting. Any shipping fee will be inclusive of VAT.
2. IN THE EVENT OF NON-PAYMENT
If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the Sellers and on their behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) To proceed against You for damages for breach of contract;
(b) To rescind the contract for sale of that Lot and/or any other Lots sold by us to You;
(c) To resell the Lot(s) (by auction or private treaty) in which case You shall be responsible for any resulting deficiency in the Total Amount Due (after crediting any part payment and adding any resale costs).
(d) To remove, store and insure the Lot in the case of storage, either at our premises or elsewhere and to recover from You all costs incurred in respect thereof;
(e) To charge interest at a rate of 5% a year above the Bank of Scotland base rate from time to time on all sums outstanding for more than 7 working days after the sale;
(f) To retain that or any other Lot sold to You until You pay the Total Amount Due;
(g) To reject or ignore bids from You or Your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) To apply any proceeds of sale of other Lots due or which become due to You towards the settlement of the Total Amount Due by You and to exercise a lien over any of Your property in our possession for any purpose until the debt due is satisfied. You will be deemed to have granted such security to us and we may retain such property as collateral security for Your obligations to us; we may decide to sell Your property in any way we think appropriate. We will use the proceeds of the sale against any amounts You owe us and we will pay any amount left from that sale to You. If there is a shortfall, You must pay us the balance; and
(i) Take any other action we see necessary or appropriate.
G. COLLECTION & STORAGE
(1) It is the Buyer's responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for Lots not collected by the appropriate time. Information on collection is set out in the Catalogue and our Website
(2) Unless agreed otherwise, You must collect purchased Lots within seven days from the auction. Please note the Lots will only be released upon full payment being received.
(3) If You do not collect any Lot within seven days following the auction we can, at our discretion;
(i) Charge You storage costs at the rates set out on our Website.
(ii) Move the Lot to another location or an affiliate or third party and charge You transport and administration costs for doing so and You will be subject to the third party storage terms and pay for their fees and costs.
(iii) Sell the Lot in any way we think reasonable.
H. TRANSPORT & SHIPPING
1. TRANSPORT AND SHIPPING
(a) We will include transport and shipping information with each invoice sent to You as well as displayed on our Website. You must make all transport and shipping arrangements.
(b) We offer a limited pack and send service using Royal Mail on small jewellery items. When items leave our premises and are in transit via postal service We are not responsible for any damage or loss incurred. We are also not responsible for making any claim regarding loss or damage to items. A tracking reference number will be issued which can be used to raise a claim with the relevant shipping provider.
2. EXPORT OF GOODS
Buyers intending to export goods should ascertain;
(a) Whether an export licence is required; and
(b) Whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the Buyer's sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the Lot.
3. CITES: ENDANGERED PLANTS AND ANIMALS LEGISLATION
Please be aware that all Lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites
We accept no liability for any Lots which may be subject to CITES but have not be identified as such.
I. OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information give, by us, our representatives or employees about any Lot other than as set out in the authenticity warranty and as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are exclude. The Seller's warranties contained in paragraph E.1 are their own and we do not have a liability in relation to those warranties.
(b) (i) We are not responsible to You for any reason whether for breaking this agreement or any other matter relating to Your purchase of, or bid for, any Lot other than in the event of fraud or fraudulent misrepresentation by us other than as expressly set out in these conditions of sale; or
(ii) We do not give any representation, warranty or guarantee or assume any liability for a kind in respect of any Lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance, except as required by local law, any warranty of any kind is excluded by this paragraph.
(c) in particular, please be aware that our written and telephone bidding services, Lyon & Turnbull Live, Condition Reports, currency converter and saleroom video screens are free services and we are not responsible for any error (human or otherwise) omission or breakdown in these services.
(d) We have no responsibility to any person other than a Buyer in connection with the purchase of any Lot
(e) If in spite of the terms of this paragraph we are found to be liable to You for any reason, we shall not have to pay more than the Purchase Price paid by You to us. We will not be responsible for any reason for loss of profits, business, loss of opportunity or value, expected savings or interest, costs damages or expenses.
J. OTHER TERMS
1. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel the sale of a Lot if;
(i) Any of our warranties are not correct, as set out in paragraph E3,
(ii) We reasonably believe that completing the transaction is or may be unlawful; or
(iii) We reasonably believe that the sale places us or the Seller under any liability to anyone else or may damage our reputation.
2. RECORDINGS
We may videotape and record proceedings at any auction. We will keep any personal information confidential, except to the extent disclosure is required by law if You do not wish to be videotaped, You may make arrangements to bit by telephone or a written bid or bid on Lyon & Turnbull Live instead. Unless we agree otherwise in writing, You may not videotape or record proceedings at any auction.
3. COPYRIGHT
We own the copyright in respect of all images, illustrations and written material produced by or for us relating to a Lot. (Including Catalogue entries unless otherwise noted in the Catalogue) You cannot use them without our prior written permission. We do not offer any guarantee that You will gain any copyright or other reproductions to the Lot.
4. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as deleted and the rest of this agreement will remain in force.
5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer Your rights of responsibilities under these terms on the contract of sale with the Buyer unless we have given our written permission. This agreement will be binding on Your successors or estate and anyone who takes over Your rights and responsibilities.
6. REPORTING ON WWW.LYONANDTURNBULL.COM
Details of all Lots sold by us, including Catalogue descriptions and prices, may be reported on www.lyonandturnbull.com. Sales totals are Hammer Price plus Buyer's Premium and do not reflect any additional fees that may have been incurred. We regret we cannot agree to requests to remove these details from our Website.
7. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) We undertake to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a Lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.
8. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the premises, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
9. DATA PROTECTION
Where we obtain any personal information about You, we shall use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) You may have given at the time Your information was disclosed). A copy of our Privacy Policy can be found on our Website www.lyonandturnbull.com or requested from Client Services, 33 Broughton Place, Edinburgh, EH1 3RR or by email from data enquiries@lyonandturnbull.com.
10. FORCE MAJEURE
We shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
11. LAW AND JURISDICTION
(a) Governing Law: These 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, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland 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 Sale relate or apply.
K. DEFINITIONS & GLOSSARY
The following words and phrases used have (unless the context otherwise requires) the meaning to given to them below. The go Glossary is to assist You to understand words and phrases which have a specific legal meaning which You may not be familiar with.
1. DEFINITIONS
"Auctioneer" Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or it's authorised representative conducting the sale, as appropriate;
"Bidder" a person who has completed a Bidding Form
"Bidding Form" our Bidding Registration Form our Absentee Bidding Form or our Telephone Bidding Form.
"Buyer" the person to whom a Lot is knocked down by the Auctioneer. The Buyer is also referred to by the words "You" and "Your"
"Buyer's Premium" the sum calculated on the Hammer Price at the rates stated in Catalogue.
"Catalogue" the Catalogue relating to the relevant Sale, including any representation on our Website
"Condition Report" the report on the physical condition of a Lot provided to a Bidder or potential Bidder by us on behalf of the Seller.
"Estimate" a statement of our opinion of the range within the hammer is likely to fall.
"Hammer Price" the level of bidding reached (at or above any Reserve) when the Auctioneer brings down the hammer;
"High Cumulative Value of Lot" several Lots with a total lower Estimate value of £30,000 or above;
"High Value Lot" a Lot with a lower Estimate of £30,000 or above;
"Lot" each Item offered for sale by Lyon & Turnbull;
"Purchase Price" is the aggregate of Hammer Price and any applicable Buyer's Premium, VAT on the Hammer Price (where applicable), VAT on the Buyer's Premium and any other applicable expenses;
"Reserve" the lowest price below which an item cannot be sold whether at auction or by private treaty;
"Sale" the auction sale at which a Lot is to be offered for sale by us.
"Seller" the person who offers the Lot for Sale. We act as agent for the Seller.
"Total Amount Due" the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
"VAT" value added tax at the prevailing rate at the date of the sale in the United Kingdom.
"Website" Lyon & Turnbull's Website at www.lyonandturnbull.com
2. GLOSSARY
The following have specific legal meaning which You may not be familiar with. The following glossary is intended to give You an understanding of those expressions but is not intended to restrict their legal meanings:
"Artist's Resale Right" the right of the creator of a work of art to receive a payment on Sales of that work subsequent to
"Knocked Down" when a Lot is sold to a Bidder, indicated by the fall of the hammer at the Sale.
"Lien" a right for the person who has possession of the Lot to retain possession of it.
"Risk" the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or value.
"Title" the legal and equitable right to the ownership of a Lot.
Version 21.0
UK - CONDITIONS OF SALE FOR SELLERS
As seller, you acknowledge that Lots are sold subject to these Conditions and on the Terms of Consignment as notified to the consignor prior to sale of the Lot(s). By consigning to a sale you agree to these terms, please read them carefully before doing so. You will find a glossary at the end explaining the meaning of words and expressions used.
In these Conditions the words "Us", "Our", "We" etc. refers to Lyon & Turnbull Ltd, the singular includes the plural and vice versa as appropriate. "You", "Your" means the Seller.
A. BEFORE THE SALE
1. YOUR WARRANTIES AND UNDERTAKINGS
You warrant:-
(a) that you are the true owner of the property consigned or are properly authorised by the true owner to consign it for sale and are able to transfer good and marketable title to the property free from any third party claims.
(b) that all requirements have been complied with, legal or otherwise, relating to any export or import of the property consigned, all duties and taxes in respect of the export or import of the Lot have (unless agreed in writing with us) been paid and, so far as you and any principal for whom they are acting in relation to the Lot are aware, all third parties have complied with such requirements in the past.
(c) that you have provided us with any and all information concerning the Item's provenance or any concerns expressed by third parties concerning its ownership, condition, authenticity, attribution, and export or import history; and
(d) unless you advise us in writing to the contrary on delivery of the Item to us, there are no restrictions on our rights to reproduce photographs or other images of the Item in connection with the sale or any other marketing which will be done in accordance with good taste and decency.
(e) in so far as you, or any principal you are acting for, may become aware of any information (including any concerns expressed by third parties) in relation to the Lot, or any description of it, after this agreement has been made, you will promptly inform us of it.
If any of the above are incorrect or not complied with, you will reimburse us and/or the Buyer in full for all claims, costs or expenses incurred by us or the Buyer as a result, whether arising in relation to the Lot(s) or the sale proceeds.
2. DUE DILIGENCE
(a) If this is your first time selling with us or you are a returning seller who has not bought or sold anything from us within the last two years you must provide identification prior to the pre-sale notification letter to allow enough time to process and approve your selling. We may, at our discretion, decline you permission to sell. You will be asked for the following:
(i) Individuals: Photo identification (driving licence, national identity card or passport) and proof of your current address (for example, a current utility bill or bank statement)
(ii) Corporate clients: Your Certificate of Incorporation or equivalent document(s) showing your name and registered address together with documentary proof of directors and beneficial owners, and;
(iii) Trusts, partnerships, offshore companies and other Business structures please contact us directly in advance to discuss requirements.
(b) We may also ask you to provide further documentation to allow you to sell. For help, please contact our Finance Department on +44(0)131 557 8844.
(c) You warrant that the property for consignment was not purchased by funds and/or connected with any criminal activities, including tax evasion and you are neither under investigation, have been charged with or convicted of money laundering, terrorist activities or other crimes.
(d) Where you are selling on behalf of another person you warrant that:
(i) You have conducted appropriate customer due diligence on the ultimate seller(s) of the Lot(s) in accordance with all relevant anti-money laundering legislation, consent to us relying on this due diligence, and you will retain for a period of not less than five years the documentation evidencing the due diligence. You will make such documentation promptly available for immediate inspection by a third party auditor upon our written request to do so;
(ii) The arrangements between you and the ultimate seller(s) in relation to the Lot or otherwise do not, in whole or in part, facilitate tax crimes, and;
(iii) You do not know, and have no reason to suspect that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion, or that the ultimate seller(s) are under investigation or have been charged with or convicted of money-laundering, terrorist activities, or other crimes.
3. RETURNING SELLERS
We may at our discretion ask you for current identification as described in paragraph A.2(a) above, a finance reference or other documentation as a condition of allowing you to sell. If you have not bought or sold anything from us in the last two years, or if you want to sell considerably more than on previous occasions, please contact our Finance Department on +44(0)131 557 8844.
4. FAILURE TO PROVIDE THE RIGHT DOCUMENTS
If in our opinion you do not satisfy our seller identification and registration procedures including, but not limited to, completing any anti-money laundering and/or anti-terrorism financing checks we may require to our satisfaction, we may refuse to sell. Should your Item be sold and subsequent issues arise we will be entitled to hold onto sale proceeds until such time as we are satisfied that you have complied with our procedures.
5. SELLING ON BEHALF OF ANOTHER PERSON
(a) As an authorised seller: If you are selling on behalf of another person, that person will need to complete the registration requirements above before you can sell, and supply a signed letter authorising you to sell for him/her.
(b) As agent for an undisclosed principal: If you are selling as an agent for an undisclosed principle (the ultimate seller(s)) You accept all sale proceeds can be paid out to you only and any other sums due by you are to be paid by you.
6. INDEMNITIES FROM YOU
(a) You agree to indemnify us against all claims, proceedings legality costs expenses and losses arising from:
(i) any actual or alleged breach of any undertaking warranty or obligation by you to us, whether by act or omission or otherwise;
(ii) any injury loss or damage caused to any person by you;
(iii) our exercising our powers rights and or duties in these Conditions of Sale;
(iv) our receiving or recovering the Proposed Sale;
(v) your fraud or our exercising any of our rights or powers in the event of fraud.
(vi) Without prejudice to paragraph A.6a(i) any error misdescription or omission in any description of the Lot or any estimate in relation to it, so long as it was not caused by a breach of our duty to you under this agreement to exercise reasonable skill and care.
7. STANDARD SELLER FEES AND CHARGES (Subject to VAT)
(a) Commission: 16% is charged on the selling price of each Lot, (subject to a minimum charge of £48).
(b) Loss and damage warranty: see paragraph 12.
(c) Item photography & online listing: £40 per lot.
(d) Additional (optional) Print Photography: £50 Half Page, £100 Full Page
(e) Transport: Items for sale must be consigned to the sale room by any stated deadline and at your expense. We may be able to assist you with this process. When the provision of transport is organised on your behalf it will be contracted to third parties. Fees for transport will be deducted at settlement.
(f) Illustrations: the cost of any illustrations will be borne by you, unless agreed otherwise prior. The copyright in respect of such illustrations shall be the property of us, as is the text of the catalogue.
(g) Storage: of the Lots after the sale, where applicable. See paragraph 12.
8. RESERVES
(a) The Lots will be sold subject to the Reserve. If the Reserve is not mutually agreed between us and confirmed by you in writing before the sale, the Reserve will be fixed by us at our sole discretion on the basis of our reasonable opinion as to the probable level of bids for the Lot.
(b) Firm Reserves may be no greater than lower pre-sale estimate level.
(c) A Reserve once set cannot be changed except with our agreement.
(d) Where a Reserve has been placed on a Lot the Auctioneer may at his/her sole discretion place bids (up to the amount not equalling or exceeding the Reserve) on your behalf.
(e) You authorise the Auctioneer to accept bids below the Reserve provided that where we rely on this authority the proceeds paid to you are calculated on the basis that the Hammer Price was the amount equal to the Reserve.
(f) You authorise us and the Auctioneer to refuse a bid(s) from any bidder, including the highest bidder, where there is a Reserve if such refusal is reasonable for the protection of you and/or our interests in the circumstances.
9. CATALOGUE AND MARKETING
(a) We shall decide the way in which a Lot may be included in the sale, how any Lot is described and illustrated in the catalogue or any report, and the marketing, promotion, date, place and conduct of the sale. The Lot/description may appear on our Website but we are under no obligation to do so.
(b) A copy of the entry or of the catalogue itself will normally be made available to you prior to the sale and, if it is, you must notify us immediately (and in any event before the sale) in writing, by recorded delivery to the Sales Administrator/Junior Specialist identified in the catalogue or by email to info@lyonandturnbull.com if there is anything in the description which you (or any principal on whose behalf you act) are aware is, or may be, inaccurate or incorrect or, in the case of description of the Lot, incomplete in any material respect.
(c) We may at our discretion produce on your behalf other marketing or promotional material in relation to the Lots but are not under any obligation to do so, in which case we may charge you for it.
(d) We own the copyright in respect of all images, illustrations and written material produced by or for us relating to a Lot (including catalogue entries unless otherwise noted in the catalogue) you cannot use them without our prior written permission.
(e) You will not produce or issue or cause to be produced or issued any marketing or promotional material relating to the Lot prior to the sale.
(f) Any entry or any marketing or promotion material may be revised either orally or in writing from time to time (including during the sale) at our discretion.
10. DESCRIPTIONS AND ESTIMATES
(a) When providing an estimate the estimate is only an expression of our opinion on the range within we think the Hammer Price for the Lot at the sale is likely to be. Estimates are placed on each Lot to help Buyers gauge the sums involved for the purchase of a particular Lot. Estimates do not include the Buyer's Premium or VAT. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change and are for guidance only and should not be relied upon as an indication of the actual selling price or value of a Lot.
(b) We may instruct, consult with, and rely on, any outside experts or restorers, agents or other third parties, and carry out such other due diligence, inquiries, research or tests in relation to the property or its provenance, as we deem appropriate in our reasonable discretion.
(c) You acknowledge that attribution of Items and descriptions is a matter of opinion and not of fact, and is dependent upon (amongst other things) information provided by you, the condition of the property, the degree of research, examination or testing that is possible or practical in the circumstances, and the status of generally accepted expert opinion at the time of cataloguing.
(d) If you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the description of the Lot given by you or on your behalf in any opinion or description or any estimate we give. We will not accept any liability arising where we have done so.
11. WITHDRAWAL BY YOU
(a) If a Seller wishes to withdraw a Lot organised for sale, a withdrawal fee will apply;
(i) if withdrawn over 28 working days prior to the sale, this will be charged at 10% of the mid estimate along with any ancillary charges incurred (such as photography), all subject to VAT at the current rate.
(ii) if withdrawn within 28 working days of the sale, this will be charged at 20% of the mid estimate along with any ancillary charges incurred (such as photography), all subject to VAT at the current rate.
(b) We may withdraw a Lot from the Proposed Sale without any liability if:
(i) We reasonably believe that there is any doubt as to the Lot's authenticity, attribution, or provenance; or
(ii) We reasonably doubt the accuracy of any of your warranties; or
(iii) You breach any provisions of the Conditions of Sale in any material respect; or
(iv) the Lot suffers from loss or damage so that it is not in the state in which it was when we took delivery of it.
(d) if a Lot is withdrawn from sale under paragraph A.11(b)(i), or (iv), you shall not be charged a withdrawal fee and the Item shall be dealt with in accordance to paragraph A.12 below.
12. DELIVERY, RESPONSIBILITY FOR THE LOT, STORAGE AND RE-COLLECTION
(a) Subject to paragraph A.12(c) below we will assume liability for loss or damage to an Item, commencing at the time that Item is taken into physical control and possession by us and ceasing on the earliest date of:
(i) when risk passes to the Buyer of the Lot following its sale;
(ii) for unsold Lots, when the Lot is released to you, or, within 3 months of the sale; or
(iii) 6 months from the date of delivery to us for Items still in the possession of us but not consigned for sale (unless part of a long-term storage agreement).
(b) We shall charge a loss and damage warranty fee of 1.5% of the Hammer Price, plus VAT.
(c) If any loss or damage should occur to the Lot during the period identified in paragraphs (a) above, our liability to compensate you in respect of that loss shall be restricted to a maximum of the Upper Estimate, or actual loss incurred, whichever is lower. This compensation will be subject to a deduction of a 1.5% loss and warranty fee (subject to VAT).
(d) If the Lot is or becomes dangerous, whether before or after the sale, we may dispose of it without advance notice to you in any manner as we think fit and we will be under no liability to you for doing so.
(e) If a Lot is withdrawn by you or if we give you notice of our refusal to sell in accordance with paragraph A.13 if so instructed by us you must remove the Lot at your own expense within seven days after the date of your notice to withdraw or our notice to refuse to sell the Lot.
(f) If the Lot is unsold at the sale, we may give you not less than seven days' notice to remove the Lot and you must then remove the Lot at your own expense within that period. Until removal such a notice will not terminate our authority to sell the Lot under paragraph A.13. Before removing the Lot you must pay us all sums due to us from you. We may also write to you in relation to recommending a re-offer in which case, if agreed, the Lot will be insured under our usual terms.
(g) If you give us notice terminating our authority to sell you must remove the Lot at your own expense within seven days of such notice. Before removing the Lot you must pay us all sums due to us from you.
(h) If you fail to remove the Lot by the latest time provided for above you will pay us on demand storage charges at our current daily rate in respect of any period whilst the Lot is stored at our premises after the latest time provided for above and any expense we incur and/or any charges incurred from third party storage providers. This is without prejudice to our power to sell or dispose of the Lot.
13. OUR RIGHT TO REFUSE TO SELL AND OTHER RESPONSES
(a) If we have reasonable cause to believe that:
(i) we and or you are otherwise not legally entitled to sell the Lot
(ii) you are in actual or potential breach of the warranties and undertakings set out above
(iii) the information about the Lot given to us by you or on your behalf is inaccurate or misleading in any material respect
(iv) the Lot is a forgery
We may refuse to sell the Lot. In this event, you will remain liable to us for any expenses/fees due.
(b) Whenever it becomes apparent to us that the Lot is subject to a claim by someone other than you (or that such a claim can be reasonably expected to be made) we may, at our absolute discretion, deal with the Lot in any manner which appears to us to recognise the legitimate interests of ourselves and the other parties involved and lawfully protect our position and our legitimate interests.
(c) We Reserve the rights to make enquiries about any person transacting with us and to identify the source of any funds received from the Buyer. In the event we have not completed our investigation in respect of anti-terrorism financing, anti-money laundering or other financial and identity checks concerning you or the Buyer to our satisfaction at our discretion, we shall be entitled to retain Lots and/or proceeds of sale, postpone or cancel any sale and to take any other actions required or permissive under applicable law, without liability to you.
B. DURING THE SALE
1. CONDUCTING THE SALE
We will conduct the sale on your behalf on these Conditions of Sale subject to any alteration by us made at our discretion by notices, inserts and announcements. You authorise us to charge the Buyer and retain a Buyer's Premium in accordance with our latest published rates, with applicable VAT.
2. BIDDING ON YOUR PROPERTY
You may not bid or instruct or permit any other person to bid on your behalf on your own property. If you breach this prohibition, we may treat you as bound as Seller and as Buyer but without the benefit of our Authenticity Guarantee or the Reserve, and/or pursue other remedies.
3. AFTERSALES
We Reserve the right to accept an after-auction offer on a Lot on behalf of you, at the agreed Reserve price or above, for up to 48 hours after the original auction. In which case the same charges will be payable as if such Lots had been sold at auction and so far as appropriate these Conditions of Sale apply.
C. AFTER THE SALE
1. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST
You authorise us to deduct commission at the stated rate, and all expenses incurred for your account from the Hammer Price, and consent to our right to retain beneficially the premium paid by the Buyer in accordance with these Conditions of Sale and any interest earned on the sale proceeds until the date of settlement. We may deduct any money due to us from you, including any sums due to us in respect to any other goods bought or sold through us by you.
Unless otherwise agreed in writing between you and us, we may at our discretion pay the sale proceeds to you before receipt of the Proposed Sale, and on our doing so, title in the Lot will pass to us and your right to payment of the Proposed Sale will pass to us together with any right of action you may have against the Buyer for non-payment.
We may retain the sale proceeds until you have delivered to us any relevant documentation reasonably required by us to transfer the Lot to the Buyer and in respect of our enquiries.
2. SETTLEMENT PAYMENTS
Subject to full payment by the Buyer, payment of the net proceeds of sale due to you will be made over to you 28 working days following a sale, provided we have received cleared funds. Payment will be made by BACS (if requested) or cheque. Payment will not be made to anyone other than the named seller.
Any sum due from you but unpaid on the due date will bear interest (after as well as before judgement or order) at the annual rate of 5% per annum above the base lending rate of Bank of Scotland from time to time to be calculated on a daily basis from the date the sum became due until payment.
3. NON-PAYMENT BY THE BUYER
(a) We will, where it is considered appropriate, take reasonable steps to investigate the ability of bidders to pay for Lots and will use reasonable endeavours, in consultation with you, to enforce payment of the Hammer Price by any Buyer.
(b) We, in consultation with you, will decide whether to pursue any of the remedies available to us, including those set out in paragraph F2 of the Condition of Sale (Buyers) including the right to cancel the sale, reoffer or return the property to you. We will inform you of any action which we contemplate taking against the Buyer.
(c) lf you elect to take action against any Buyer on your own behalf we will provide you with such assistance as may be reasonably necessary to pursue that action.
(d) You hereby agree to inform us of any action which you choose to take against the Buyer to enforce payment of the amount due to you.
(e) In the event that a Buyer fails to pay for a Lot in accordance with the Conditions of Sale (Buyers, that Lot will be treated in the same way as an unsold or uncollected Lot.
4. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale (Sellers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) We undertake to inform you of any reasonable offer we receive in relation to an Item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a Lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.
5. AUTHORITY TO SELL OR DISPOSE OF AN UNSOLD LOT
If any or all of the Lots are unsold and are not re-consigned to us for sale, or are not included in a sale, or are withdrawn from sale for any reason, they must be collected from us within one month after the date of the sale, or one month after we send you a notice requiring you to collect them (whichever occurs first). If any such Lots remain uncollected at the end of such period we shall arrange storage at your expense, which may involve a third party. If such Lots are not collected within 90 days after the date of the sale or the date of notice they may be disposed of as we see fit, which may involve their sale by public auction on such terms as we consider appropriate, including those relating to estimates and Reserves. We shall account to you for the proceeds of sale, deducting all amounts due to us.
D. MISCELLANEOUS
1. AUTHENTICITY GUARANTEE
We may rescind the sale where we reasonably believe that the Lot falls within the terms as defined by our Authenticity Guarantee (see Conditions of Sale (Buyers)), in this event we shall send you notice of such rescission. You agree to return to us the Net Sale Proceeds received from the sale of such Lot with any additional expenses incurred by us. We will return the property to you upon receipt of the Net Sale Proceeds and Expenses, unless prevented in doing so by reasons outwith our control.
The Buyer must satisfy us that the Buyer is entitled to exercise a remedy under the authenticity guarantee within one year of the date of the auction.
2. AGENCY
Lyon & Turnbull acts as agent solely for and in the interests of you. We do not act for Buyers in this role and do not give advice to Buyers. When we make a statement about a Lot we are doing so on behalf of you on the Lot.
The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.
3. INTRODUCTORY COMMISSIONS
You agree that in line with market practice we may make payments (sometimes known as introductory commission) to someone who has introduced you to us. We will advise them to inform you about such introductory commission, including its amount. The amount will be paid by us to them.
4. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the premises and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
5. REMAINING TERMS
Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
6. ASSIGNATIONS
These Conditions of Sale are not assignable by either party without the other's prior written consent, but are binding on your successor(s) and representative(s). No act, omission or delay by us shall be deemed a waiver or release of any of our rights.
7. DATA PROTECTION
Where we obtain any personal information about you, we shall use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our website www.lyonandturnbull.com or requested from Client Services, 33 Broughton Place, Edinburgh, EH1 3RR or by email from dataenquiries@lyonandturnbull.com
8. LAW AND JURISDICTION
(a) Governing Law: These 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, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland 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 Sale relate or apply.
GLOSSARY
In these Conditions of Sale (Sellers):
"Auctioneer" Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or its authorised Auctioneer, as appropriate;
"Business" includes any trade, Business or profession.
"Buyer" the person who makes the highest possible bid or offer accepted by the Auctioneer, and/or such person's principal where bidding as agent;
"Buyer's Premium" the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Guide to Prospective Buyers and an amount in respect of applicable VAT;
"Hammer Price" the highest bid accepted by the Auctioneer by the fall of the hammer or in the case of a post-auction sale, the agreed sale price;
"Item" each and every Item consigned for sale following express written agreement between Lyon & Turnbull and you;
"Lot" each Item offered for sale by Lyon & Turnbull;
"Lower Estimate" the low estimate provided by Lyon & Turnbull to you in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of you;
"Lyon & Turnbull" the company which has its registered office at 33 Broughton Place, Edinburgh, EHI 3RR registered in Scotland No. 191166
"Net Sale Proceeds" the Hammer Price, less commissions and other charges, of the Lot sold, to the extent received by Lyon & Turnbull in cleared funds;
"Proposed Sale" the intended sale through which the Items will be sold on;
"Purchase Price" the Hammer Price and applicable Buyer's Premium;
"Reserve" the lowest price below which an Item cannot be sold;
"Terms Of Consignment" the stipulated terms and rates of commission on which the Auctioneer accepts instructions from Sellers or their agents;
"Upper Estimate" the high estimate provided by Lyon & Turnbull to you in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of you;
"Without Reserve" where there is no minimum price at which a Lot may be sold (whether at auction or private treaty).
Version 20.2
HONG KONG - CONDITIONS OF SALE FOR BUYERS (HK464)
The Auctioneer carries on business with Bidders, Buyers and all those present in the auction room prior to, or in connection with, a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. DEFINITIONS
In these Conditions of Sale for Buyers (HK464):
"Auctioneer" means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, United Kingdon, EH1 3RR) or its authorised auctioneer, as appropriate;
"Bidder" means a person who bids at an auction organised by the Auctioneer;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Buyer's Guide;
"Freeman's" means Samuel T. Freeman & Co, Lyon & Turnbull's marketing partner, registered address 1808 Chestnut Street, Philadelphia, Pennsylvania, USA, 19103;"Hammer Price" means the highest bid accepted by the Auctioneer by the fall of the hammer or in the case of a post-auction sale, the agreed sale price;
"HKD" or "Hong Kong Dollars" means the lawful currency of Hong Kong;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Item" means each and every item consigned for sale following express written agreement between Lyon & Turnbull and the Seller;
"Lot" means each Item offered for sale by Lyon & Turnbull;
"Lower Estimate" means the low estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Lyon & Turnbull" means the company which has its registered office at 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR registered in Scotland No. 191166 along with its Hong Kong company, Lyon and Turnbull Hong Kong Limited;
"Premium Lot" means a lot which has a Lower Estimate above HKD300,000
"Proposed Sale" means the intended sale through which the Items will be sold on;
"Purchase Price" is the Hammer Price and applicable Buyer's Premium;
"Reserve" means the lowest price below which an Item cannot be sold;
"Seller" means the person who owns the Lot or the person who is duly authorised by the owner of the Lot to sell it;
"Tax" has the meaning provided in Clause 6;
"Total Amount Due" means the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
"You", "Your" means the Buyer, the person who makes the highest possible bid or offer accepted by the Auctioneer, and/or such person's principal where bidding as agent; and
"Us", "Our", "We" etc. refers to Lyon and Turnbull Hong Kong Ltd along with Lyon and Turnbull Ltd.
The singular includes the plural and vice versa as appropriate.
2. AGENCY
Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do not act for Buyers in this role and do not give advice to Buyers. When Lyon & Turnbull makes a statement about a Lot it is doing so on behalf of the Seller of the Lot.
Please note Lyon & Turnbull are the principal. All information however will be shared with Freeman's. By registering for this sale you hereby agree for information to be shared with Freeman's who will be acting as an agent for Lyon & Turnbull only and have no liability due to any other party other than Lyon & Turnbull;
The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.
3. PRE-REGISTRATION, BIDDING PROCEDURES AND THE BUYER
(a) Pre-registration and Deposits: All Bidders are required to complete a pre-registration application form and to deliver to Lyon & Turnbull a deposit of HKD10,000 and any Bidders wishing to bid on Premium Lots should also pay a deposit of 10% of the Lower Estimate of specific lots in addition. Bidders wishing to bid on the Stem Cup (lot 84) will be required to pay a deposit of HKD2,500,000. You may also be asked for financial references, guarantees, and/or such other security as Lyon & Turnbull may require in its absolute discretion.
Lyon & Turnbull reserves the right to request at any time any additional deposit, guarantee and/or such other security as Lyon & Turnbull may determine from any Bidder whose total Purchase Price has reached or exceed ten times the amount of that Bidder's deposit. The amount of an additional deposit shall be determined by Lyon & Turnbull at their sole discretion and Lyon & Turnbull reserves the right to reject any further bidding from that Bidder until such additional deposit has been delivered to Lyon & Turnbull. Lyon & Turnbull has no obligation to accept any pre-registration application. Lyon & Turnbull's decision in this regard shall be final.
Bidders are requested to contact Lyon & Turnbull at least three working days prior to the relevant sale in order to allow processing of the pre-registration. Deposits shall be paid in Hong Kong Dollars by way of bank transfer or debit card (cards must be presented in person).
Should you not be successful in bidding, Lyon & Turnbull will arrange for a refund (subject to any right of set off) of the deposit amount paid by the Bidder without interest within 14 working days of the date of the sale. Any exchange losses or fees associated with the refund shall be borne by the Bidder.
Bidders may not be allowed to register for/bid on any Lot if Lyon & Turnbull fail to receive a completed pre-registration application form or any financial reference or deposits as requested by Lyon & Turnbull;
(b) The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer's absolute discretion.
(c) Once made, no bid may be withdrawn after the bid is accepted following the fall of the Auctioneer's hammer or other customary action as confirmed by the Auctioneer.
(d) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any Reserve.
(e) The right to refuse any bid is also reserved.
(f) Commission/Absentee Bids: While prospective Buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition. We shall use reasonable efforts to, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
(g) Telephone Bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connections. As the number of telephone lines is limited, it is necessary to make arrangements for this service a minimum 24 hours before the sale. Lyon & Turnbull suggest that you also leave a maximum bid (a covering bid) which we can execute on your behalf in the event we are unable to reach you by telephone. Please note that confirmation of telephone bids should be made in writing.
(h) Online Bidding: We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding. Please note that online bidding will not be accepted for Premium Lots. Please note any online bidding will be subject to an additional transaction charged by the online bidding provider.
(i) Bidding in person: To bid in person you will need to register for and collect a numbered paddle before the auction begins. Proof of identity will be required. Bidders must complete a paddle registration form and supply any information as requested by Lyon & Turnbull. Bidders act as principal unless they have prior written consent by Lyon & Turnbull to bid as an agent. Bidders are personally liable for their bid and jointly and severally liable with their principal if bidding as an agent.
(j) All Lots sold will be invoiced to the name and address in which the paddle has been registered and cannot be transferred to other names and addresses. Please do not mislay your paddle and ensure that it is returned at the end of the auction. In the event of loss, inform the Lyon & Turnbull staff immediately.
4. INCREMENTS/CONDUCT OF THE AUCTION
Bidding increments shall be at the Auctioneer's sole discretion. The Auctioneer has absolute discretion at any time to refuse or accept any bid, withdraw any Lot, reoffer a Lot for sale (including after the fall of the hammer, but before payment has been received) and take such other action as he reasonably thinks fit.
The Auctioneer will start and continue the bidding levels and increments he considers appropriate and is entitled to place a bid/bids on behalf of the Seller up to the Reserve on the Lot, and whether or not other bids are being placed.
A currency converter may be used at the sale. This equipment is provided as a general guide as to the equivalent amount in certain currencies of a given bid. We do not accept any responsibility for any errors which may occur in the use of the currency converter.
We hereby give you notice that we may use video cameras to record the sale and may record telephone calls for reasons of security and to assist in solving any disputes which may arise in relation to bids made at the sale.
We may use screens to project images of the Lots for sale. This service is provided solely to assist with viewing of the sale. The image on the screen is only an indication of the current Lot. It should be noted that all bids tendered will relate to the actual lot number announced by the Auctioneer. Lyon & Turnbull do not accept any responsibility for any errors which may occur in the use of the screen.
Any post-auction sale of Lots shall incorporate these terms and conditions as if they had been sold in the auction.
5. THE PURCHASE PRICE
For each Lot purchased a Buyer's Premium will be added to the Hammer Price and is payable by the Buyer as part of the total Purchase Price.
For this sale (HK464) a Buyer's premium of 25% is payable on the first HKD800,000 of the Hammer Price, 20% on any amount in excess of HKD800,000 up to and including HKD15,000,000 and finally 12% on any amount thereafter.
Live online bidding is subject to an additional 5% premium on the Hammer Price (charged by the live bidding service provider Invaluable).
6. TAX
The Purchase Price payable by the Buyer is exclusive of any goods or service tax or other tax (whether imposed by Hong Kong law or otherwise) ("Tax"). If any such Tax was to be paid under Hong Kong laws or any other laws, the Buyer shall be solely responsible to pay such Tax and at the rate and time as required by the relevant law, or if such Tax is to be paid by Lyon & Turnbull we may add such tax to the Purchase Price payable by the Buyer.
7. PAYMENT
(1) Payment is due unless agreed otherwise, immediately in Hong Kong Dollars on conclusion of the sale. Any requirements for export, import or any such other permit will not impact on payment being due immediately.
(a) Pay to us the Total Amount Due by such payment method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. Please note single/multiple or linked cash payments in excess of HKD80,000 will not be accepted. There is a cap on payment by credit card of HKD1,000,000. Should you wish to pay by card, the card must be presented in person to Lyon & Turnbull.
Please note that when paying by bank transfer, the amount received after the deduction of any bank fees and or conversion of the currency of payment to Hong Kong Dollars must not be less than the Hong Kong Dollars amount payable, as set out on the invoice. Invoices will be issued within two days of the sale.
(b) Please note there will be a surcharge when using credit cards, the amount of which will depend on the type of credit card.
(c) Any Lots purchased and paid for by cheque will not be authorised for collection until payment has fully cleared. Should funds not be fully cleared by the two working days following the day of the auction then the Buyer must accept that storage charges may be incurred. Please refer to our sale information.
(d) Any payments by you to us may be applied by us towards any sums owing by you to us howsoever incurred and without agreement by you or your agent, whether express or implied.
8. TITLE AND COLLECTION OF PURCHASES
(1) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the Total Amount Due. Payment is understood to mean cleared funds. Lyon & Turnbull is not obliged to release a Lot to the Buyer until the title has passed and appropriate identification has been provided. Should earlier release occur this will not affect any obligation of the Buyer to make payment nor affect the title passing.
(2) You shall at your own risk and expense take away any Lots that you have purchased and paid for. Please be advised collection from the sale venue will not be possible after 2 working days following the day of the auction.
(3) No purchase can be claimed or removed until it has been paid for.
(4) Collection must be made by Thursday 2nd June at 5pm. It is the Buyer's responsibility to ascertain collection procedures. Any Lot not collected will be shipped to Michelle Art Services, 1 On Yip Street, Chai Wan, Hong Kong for subsequent storage and the cost will be the liability of the Buyer.
(5) Risk is with the Buyer at the earliest of:
(i) Collection or
(ii) Thirty first calendar day after the auction.
(6) Export of goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the Buyer's sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale nor any delay in making full payment for the Lot.
9. REMEDIES FOR NON·PAYMENT OR FAILURE TO COLLECT PURCHASES
(1) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the Sellers and on their behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the contract for sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs).
(d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and the risk and expense being with you. Lyon & Turnbull will be entitled to recover from you all costs incurred in respect thereof;
(e) to charge interest at a rate not exceeding 1.5% per month above the current base rate on all sums outstanding for more than 5 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the Total Amount Due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted; and
(h) to apply any proceeds of sale of other Lots due or which become due to you towards the settlement of the Total Amount Due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied.
10. DESCRIPTIONS AND CONDITION
(1) Whilst we seek to describe Lots accurately, it may be impractical for us to carry out exhaustive due diligence on each Lot. Prospective Buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a Lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the Auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of Lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the Lot and should not be relied upon as indicative of the overall condition of the Lot.
(2) Condition reports: Condition reports are provided on our website or upon request. The absence of a report does not imply that a Lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavour to respond to all requests although we offer no guarantee. Any statement in relation to the Lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the Lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any Lot in which you are interested prior to the sale. Our condition reports are not prepared by professional conservators, restorers or engineers. Our condition report does not form any contract between Lyon & Turnbull and the Buyer. The Condition Reports do not affect the Seller's obligations in any way.
(3) Estimates: Estimates are placed on each Lot to help Buyers gauge the sums involved for the purchase of a particular Lot. Estimates do not include the Buyer's Premium or Tax. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change and are for guidance only and should not be relied upon.
(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware to any alterations which may have occurred. Alterations may also be made at any time by notice orally or in writing before or during a sale. The Lot is available for inspection and you must form your own opinion in relation to it. You are strongly advised to examine any Lot or have it examined on your behalf by an independent party before the sale.
(5) Electrical Goods: are sold as "works of art" only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.
(6) Upholstered items: are sold as "works of art" only and if bought for use must be checked over for compliance with current safety regulation. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given. Lyon & Turnbull provide no guarantee as to the originality of any wood/material contained within the item.
(7) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our terms and conditions of sales.
11. BOOKS, CLOCKS and WATCHES
(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the Lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of Lots sold for less than £300.
(2) Clocks and Watches: All Lots are sold "as seen", and the absence of any reference to the condition of a clock or watch does not imply the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches will have been repaired during their normal lifetime and may now incorporate additional/newer parts. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Buyers should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed. Buyers should be aware that the importing watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches cannot be shipped to the United States and only imported personally.
12. ENDANGERED SPECIES
Please be aware that all lots marked with the symbol Y may be subject to CITES regulations or other regulations. These regulations may be found at https://www.afcd.gov.hk/english/conservation/con_end/con_end.html
Lyon & Turnbull accepts no liability for any Lots which may be subject to CITES but have not be identified as such.
13. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale for Buyers (HK464) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) For the purposes of a private treaty sale the currency will be Hong Kong Dollars.
14. THIRD PARTY LIABILITY
All members of the public on sale/storage premises are there at their own risk and must note the lay-out of the accommodation, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
15. GENERAL
(a) We shall have the right at our discretion, to refuse admission to sale/storage premises or attendance at our auctions by any person without explanation.
(b) Any notice to any Buyer, Seller, Bidder or viewer may be given by email if not available then by registered post or registered airmail; if sent by registered post, it shall be deemed to have been received by the addressee 48 hours after posting and if by registered airmail, five days from the date of posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Lyon & Turnbull in exercising a right, power or remedy shall be deemed a waiver or release of any of its rights, power or remedy. If Lyon & Turnbull waives a breach of any provision of these Conditions of Sale this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision of these Conditions of Sale.
(f) The contract between the parties may be varied by the parties by agreement and in writing.
(g) Any person who damages a Lot will be held liable for the loss caused.
(h) Part of this catalogue is published in both Chinese and English. If there is any dispute in its interpretation, the English version will prevail.
(i) We will not be liable in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong) or in any other way for lack of conformity with or any inaccuracy, error, misdescription in any description of the lot or any entry or estimate in respect of it, made by us or on our behalf or by or on behalf of the Seller and regardless of whether made before/after this agreement or prior/during the sale.
(j) All parties participating in the Hong Kong auction organised by Lyon & Turnbull, including the Seller, the Bidder, the Buyer and all other related parties (including but not limited to the agents of the Seller, the Bidder and the Buyer) shall be deemed to accept in full and be bound by both Conditions of Sale (for Buyers and Sellers HK464), and shall comply with them in said auction, enjoy the rights and perform the obligations provided herein.
(k) The rights, powers and remedies provided in this Conditions of Sale are cumulative and shall not be deemed or construed to be exclusive of any rights, powers and remedies provided by law, or otherwise.
(l) Except where expressly stated in this Conditions of Sale to the contrary, this Conditions of Sale is not intended for the benefit of, and shall not be enforceable under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) by any other person who is not a party to this Conditions of Sale.
16. DATA PROTECTION
In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). We will use your personal data for marketing purposes unless we receive your express wishes not to do so.
Lyon & Turnbull may transfer information to Freeman's to allow the effective operation of this sale. The information will be used to allow registration, sale participation, credit control and any other function related to the effective running of the auction. Freeman's will use this information for the auction along with retaining the information for marketing purposes for future auctions held by them (unless we received your express wishes not to do so). Lyon & Turnbull and Freeman's will not give out personal information to third parties except as may be required by law.
If you would like further information on Lyon & Turnbull policies on personal data, or to access or make corrections to your information, please contact us on +44 131 557 8844. Please email laura.henderson@lyonandturnbull.com Office Manager for more information.
17. FORCE MAJEURE
Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
18. LAW AND JURISDICTION
(a) Governing Law: These 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, Hong Kong law.
(b) Jurisdiction: The Buyer agrees that the Courts of Hong Kong 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 Sale relate or apply. All parties agree that Lyon & Turnbull retain the right to bring proceedings in any court other than the Hong Kong Courts.
(c) Service of Process: All Bidders and Sellers irrevocably consent to service of process of any documents in connection with any court proceedings by personal service, and delivery by email, or in any other manner permitted by Hong Kong law, the law of the place of service or the law of jurisdiction where proceedings are being held, at the last address of the Buyer known to Lyon & Turnbull or any other usual address.
HONG KONG - CONDITIONS OF SALE FOR SELLERS (HK464)
1. DEFINITIONS
In these Conditions of Sale for Sellers (HK464):
"Auctioneer" means Lyon and Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR) or its authorised auctioneer, as appropriate;
"Bidder" means a person who bids at an auction organised by the Auctioneer;
"Buyer" is the person who makes the highest possible bid or offer accepted by the Auctioneer, and/or such person's principal where bidding as agent;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Buyer's Guide;
"Freeman's" means Samuel T. Freeman & Co, Lyon & Turnbull's marketing partner, registered address 1808 Chestnut Street, Philadelphia, Pennsylvania, USA, 19103;
"Hammer Price" means the highest bid accepted by the Auctioneer by the fall of the hammer or in the case of a post-auction sale, the agreed sale price;
"HKD" or "Hong Kong Dollars" means the lawful currency of Hong Kong;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Item" means each and every item consigned for sale following express written agreement between Lyon & Turnbull and the Seller;
"Lot" means each Item offered for sale by Lyon & Turnbull;
"Lower Estimate" means the low estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Lyon & Turnbull" means the company which has its registered office at 33 Broughton Place, Edinburgh, EHI 3RR registered in Scotland No. 191166 along with its Hong Kong company, Lyon and Turnbull Hong Kong Ltd;
"Net Sale Proceeds" are the Hammer Price, less commissions and other charges and any withholding tax paid by Lyon & Turnbull on your behalf, of the Lot sold, to the extent received by Lyon & Turnbull in cleared funds;
"Proposed Sale" means the intended sale through which the Items will be sold on;
"Purchase Price" is the Hammer Price and applicable Buyer's Premium;
"Reserve" means the lowest price below which an Item cannot be sold;
"Terms of Consignment" means the stipulated terms and rates of commission on which the Auctioneer accepts instructions from Sellers or their agents;
"Upper Estimate" means the high estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Without Reserve" means where there is no minimum price at which a Lot may be sold (whether at auction or private treaty);
"You", "Your" means the Seller, the owner of the Lot or, if you are not the owner of the Lot (whether or not you have notified us that you are acting as an agent for a principal), you are duly authorised by the owner of the Lot to sell it;
"Us", "Our", "We" etc. refers to Lyon and Turnbull Hong Kong Ltd along with Lyon and Turnbull Ltd.
The singular includes the plural and vice versa as appropriate.
2. WARRANTY OF TITLE AND AVAILABILITY
The Seller warrants:-
(a) that you are the true owner of the property consigned or are properly authorised by the true owner to consign it for sale and are able to transfer good and marketable title to the property free from any third party claims.
(b) that all requirements have been complied with, legal or otherwise, relating to any export or import of the property consigned, all duties and taxes in respect of the export or import of the Lot have (unless agreed in writing with us) been paid and, so far as you and any principal for whom they are acting in relation to the Lot are aware, all third parties have complied with such requirements in the past.
(c) that you have provided Lyon & Turnbull with any and all information concerning the Item's provenance or any concerns expressed by third parties concerning its ownership, condition, authenticity, attribution, and export or import history; and
(d) unless the Seller advises Lyon & Turnbull in writing to the contrary on delivery of the Item to Lyon & Turnbull, there are no restrictions on Lyon & Turnbull rights to reproduce photographs or other images of the Item in connection with the Proposed Sale or any other marketing which will be done in accordance with good taste and decency.
3. PREPARATION FOR SALE
(a) Lyon & Turnbull shall decide the way in which a Lot may be included in the Proposed Sale, how any Lot is described and illustrated in the catalogue or any report, and the marketing, promotion, date, place and conduct of the Proposed Sale.
(b) Lyon & Turnbull will instruct, consult with, and rely on, any outside experts or restorers, agents or other third parties, and carry out such other due diligence, inquiries, research or tests in relation to the Lot or its provenance, either before or after the Proposed Sale as it may deem appropriate in its reasonable discretion.
(c) Any oral or written estimate or evaluation or report provided by Lyon & Turnbull is a genuinely held opinion only. It may not be relied on as a prediction of the Hammer Price or value of the Item, and may in Lyon & Turnbull's absolute discretion be revised at any time.
(d) The Seller acknowledges that attribution of Items is a matter of opinion and not of fact, and is dependent upon (amongst other things) information provided by the Seller, the condition of the Item, the degree of research, examination or testing that is possible or practical in the circumstances, and the status of generally accepted expert opinion at the time of cataloguing.
4. TERMS OF SALE
The Seller acknowledges that any Lot is sold subject to these Conditions and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
5. STANDARD SELLER FEES AND CHARGES
(a) Commission: 15% is charged on the [Hammer Price] of each Lot, (subject to a minimum charge of HKD300). Loss and damage warranty: 1.5% on value of Lots sold. Photography: minimum charge HKD300. Online Listing: HKD100 per Lot.
(b) Transport: Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist you with this process. When organised on the Seller's behalf the provision of transport will be contracted to third parties. Fees for transport will be deducted at the initial settlement, unless agreed otherwise.
(c) Illustrations: The cost of any illustrations will be borne by the Seller, unless agreed otherwise prior. The copyright in respect of such illustrations shall be the property of us, the Auctioneer, as is the text of the catalogue.
(d) Non Hong Kong residents: All non-Hong Kong residents shall pay the tax of not more than 1% based on the gross proceeds from goods sold in Hong Kong to the government according to the provisions of relevant laws. As your agent, we have the obligation to withhold and pay this tax on your behalf.
6. RESERVES
(a) You are entitled to place, prior to the auction, a Reserve on any Lot consigned, being the minimum Hammer Price at which that Lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high Reserve. A Lot will be sold Without Reserve unless a Reserve has been agreed.
(b) Firm Reserves may be no greater than the Lower Estimate.
(c) A Reserve once set cannot be changed except with our agreement.
(d) You may not bid or instruct or permit any other person to bid on your behalf on your own property. If the Seller breaches this prohibition, Lyon & Turnbull may treat the Seller as bound as Seller and as Buyer but without the benefit of Lyon & Turnbull Authenticity Guarantee or the Reserve, and Lyon & Turnbull or the Buyer may pursue other remedies.
(e) We may sell Lots below the Reserve provided we account to you for the same Net Sale Proceeds as you would have received had the Hammer Price been the Reserve.
7. LOSS & DAMAGE WARRANTY
(a) Subject to condition 7(c) below Lyon & Turnbull will assume liability for loss or damage to an Item, commencing at the time that Item is taken into physical control and possession by Lyon & Turnbull and ceasing on the earliest date of;
(i) when risk passes to the Buyer of the Lot following its sale;
(ii) for unsold Lots, when the Lot is released to the Seller, or, within 3 months of the sale; or
(iii) 6 months from the date of delivery to Lyon & Turnbull for Items still in the possession of Lyon & Turnbull but not consigned for sale (unless part of a long-term storage agreement).
(b) Lyon & Turnbull shall charge a loss and damage warranty fee of 1.5% of the Hammer Price.
(c) If any loss or damage should occur to the Lot during the period identified in paragraph (a) above, Lyon & Turnbull's liability to compensate the Seller in respect of that loss shall be restricted to a maximum of the Upper Estimate or actual loss incurred, whichever is lower. This compensation will be subject to a deduction of a 1.5% loss and warranty fee.
8. UNSOLD ITEMS
(a) If an Item is unsold it may, with your consent, be re-offered at a future sale. Where in our opinion an Item is not suitable for a future sale we may either (a) request you collect such Items from the saleroom promptly on being so informed. We shall be entitled to charge you for storage costs, charges shall be made at a reasonable daily rate; or (b) suggest that the Item be transferred to a secondary saleroom for sale Without Reserve. All transferred Lots will be sold for the best price on the day, this may not bear any reflection on the Item's original estimate. Lyon & Turnbull are not liable for any Items (whether it be selling price or loss & damage) when transferred.
(b) Aftersales: We reserve the right to accept an after-auction offer on a Lot on behalf of the Seller, at the agreed Reserve price or above, for up to 48 hours after the original auction. In which case the same charges will be payable as if such Lots had been sold at auction and so far as appropriate these Conditions apply.
c) Collection: Following the auction any unsold Items will be returned to their original country of consignment and made available for collection within a reasonable time following the auction taking into account transit times. Sellers will be notified once items are available for collection. The Seller shall be responsible for any compliance with any legal requirements and payment of any duties and taxes relating to the export or import of unsold Items.
9. LOT WITHDRAWAL
(a) If a Seller wishes to withdraw a Lot organised for sale, a withdrawal fee will apply:
(i) if withdrawn over 28 working days prior to the Proposed Sale, this will be charged at 10% of the mid estimate along with any ancillary charges incurred (such as photography); or
(ii) if withdrawn within 28 working days of the Proposed Sale, this will be charged at 20% of the mid estimate along with any ancillary charges incurred (such as photography).
(b) Lyon & Turnbull may withdraw a Lot from the Proposed Sale without any liability if:
(i) Lyon & Turnbull reasonably believes that there is any doubt as to the Lot's authenticity or attribution; or
(ii) it reasonably doubts the accuracy of any of the Seller's warranties; or
(iii) the Seller breaches any provisions of the Conditions of Sale in any material respect; or
(iv) the Lot suffers from loss or damage so that it is not in the state in which it was when Lyon & Turnbull took delivery of it.
(c) if an item is withdrawn from sale under Condition 9(b) (i) (to the extent Lyon & Turnbull reasonably believes the Seller had no knowledge), or (iv), the Seller shall not be charged a withdrawal fee and the Item shall be returned to the Seller or dealt with pursuant to Clause 8, as the Seller decides.
10. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST
The Seller authorises us to deduct commission at the stated rate, and all expenses incurred for your account and any withholding tax paid by us on your behalf, from the Hammer Price, and consents to our right to retain beneficially the Buyer's Premium in accordance with these Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
11. NON-PAYMENT BY THE BUYER
(a) Lyon & Turnbull will, where it considers appropriate, take reasonable steps to investigate the ability of Bidders to pay for Lots and will use reasonable endeavours, in consultation with the Seller, to enforce payment of the Hammer Price by any Buyer.
(b) Lyon & Turnbull, in consultation with the Seller, will decide whether to pursue any of the remedies available to it, including those set out in Condition 9 of the Conditions of Sale for Buyers (HK464) including the right to cancel the sale and return the Lots to the Seller. Lyon & Turnbull will inform the Seller of any action which it contemplates taking against the Buyer.
(c) lf the Seller elects to take action against any Buyer on its own behalf Lyon & Turnbull will provide the Seller with such assistance as may be reasonably necessary to pursue that action.
(d) The Seller hereby agrees to inform Lyon & Turnbull of any action which it chooses to take against the Buyer to enforce payment of the amount due to the Seller.
(e) In the event that a Buyer fails to pay for a Lot in accordance with the Conditions of Sale for Buyers (HK464), that lot will be treated in the same way as an unsold or collected Lot.
12. SETTLEMENT PAYMENTS
Subject to full payment by the Buyer, payment of the Net Sale Proceeds due to you will be made over to you within 28 working days following a sale, providing cleared funds have been received. Payment will be made by cheque or BACS (if requested).
(a) Payment will be made in Hong Kong Dollars, unless otherwise requested.
(b) Should payment be requested in an alternative currency (GBP/USD) funds will be subject to the exchange rate on the date of cleared funds received to Lyon & Turnbull and not the day of sale. Payment in an alternative currency may be subject to additional transaction fees/charges which will be borne by the Seller.
13. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale for Sellers (HK464) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) Lyon & Turnbull undertakes to inform the Seller of any offers it receives in relation to an Item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale the exchange rate is to be taken on the date of cleared funds. The private treaty sale will be paid in accordance with clause 12.
14. THIRD PARTY LIABILITY
All members of the public on the sale/storage premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
15. GENERAL
(a) We shall have the right at our discretion, to refuse admission to the sale/storage premises or attendance at our auctions by any person.
(b) Any notices to any Buyer, Seller, bidder or viewer may be given by email, or if not available then by registered post or registered airmail; if sent by registered post, it shall be deemed to have been received by the addressee 48 hours after posting and if sent by registered airmail, five days from the date of posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent, but are binding on the Seller's successor and representatives. No act, omission or delay by Lyon & Turnbull in exercising a right, power or remedy shall be deemed a waiver or release of any of its rights, power or remedy. If Lyon & Turnbull waives a breach of any provision of these Conditions of Sale this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision of these Conditions of Sale.
(f) The contract between the parties may be varied by the parties by agreement and in writing.
(g) All parties participating in the Hong Kong auction organised by Lyon & Turnbull, including the Seller, the Bidder, the Buyer and all other related parties (including but not limited to the agents of the Seller, the Bidder and the Buyer) shall be deemed to accept in full and be bound by both Conditions of Sale (for Buyers and Sellers HK464), and shall comply with them in said auction, enjoy the rights and perform the obligations provided herein.
(h) The rights, powers and remedies provided in these Conditions of Sale are cumulative and shall not be deemed or construed to be exclusive of any rights, powers and remedies provided by law, or otherwise.
(g) Except where expressly stated in these Conditions of Sale to the contrary, these Conditions of Sale are not intended to be for the benefit of, and shall not be enforceable under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) by any other person who is not a party to these Conditions of Sale.
16. AGENCY
Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do not act for Buyers in this role and do not give advice to Buyers. When Lyon & Turnbull make a statement about a Lot it is doing so on behalf of the Seller of the Lot.
Please note Lyon & Turnbull are the principal. Freeman's will be acting as an agent for Lyon & Turnbull only and have no liability due to any other party other than Lyon & Turnbull;
The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.
17. FORCE MAJEURE
Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
18. DATA PROTECTION
In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Seller to provide personal information about themselves or obtain information about the Seller from third parties (e.g. credit information). We may use your personal data for marketing purposes unless we receive your express wishes not to do so. The types of personal data we use for such purpose are set out in the Terms of Consignment/ receipt.
If you would like further information on Lyon & Turnbull policies on personal data, or to access or make corrections to your information, please contact us on +44 0131 297 1923. Please email laura.henderson@lyonandturnbull.com Office Manager for more information.
19. LAW AND JURISDICTION
(a) Governing Law: These 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, Hong Kong law.
(b) Jurisdiction: The Seller agrees that the Courts of Hong Kong 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 Sale relate or apply. All parties agree that Lyon & Turnbull retain the right to bring proceedings in any court other than the Hong Kong Courts.
