STANDARD CONDITIONS OF SALE
1) Penrith Farmers' & Kidd's (hereinafter called PF&K) take care to ensure that any statement as to authorship, attribution, origin, date, age, provenance and condition is accurate, but such statements should be read as if prefixed by the phrase: "In the opinion of PF&K this lot is…" PF&K reserve the right in forming their opinion to rely upon any authority reasonably considered by them to be reliable.
2) All lots are sold as shown, with all faults, imperfections and errors of description. Neither PF&K nor the vendor(s), for whom PF&K act as agents only, give any warranty whatsoever in respect of any lot, neither has any employee of PF&K authority so to do. Any measurements given are approximate and any statement regarding damage to specific lots does not preclude the possibility of the existence of other faults, not mentioned. BUYERS ARE RESPONSIBLE FOR SATISFYING THEMSELVES AS TO CONDITION.
3) Any statements, conditions or descriptions in the catalogue or elsewhere are subject to any qualifying or modifying statement made by the auctioneer from the rostrum prior to any bid being accepted for any lot.
4) The highest bidder shall be the buyer. If any dispute arises the auctioneer shall have the discretion to settle it and put any disputed lot up again. PF&K shall have full discretion to refuse any bidding, to divide any lot, to combine two or more lots and to withdraw any lots from the sale without in any case giving any reason. PF&K cannot accept responsibility for any expense incurred by any intending purchaser of any lot so withdrawn.
5) Gold and Silver: Articles which are not hallmarked but which would have been described as gold or silver prior to the restrictions imposed by the Hallmarking Act, 1973, are now described as yellow metal or white metal.
6) Books: Are sold as seen, uncollated, and are non-returnable.
7) All lots are put up for sale subject (a) to any reserve price imposed by the vendor OR (b) to the right of the vendor to bid either personally or by any one person (who may be the auctioneer). Vendors may NOT bid against a reserve price.
8) The property in a lot shall pass to the purchaser only on payment in full of the purchase price, but every lot is at the sole risk of the purchaser from the fall of the hammer.
9) Bidding via www.invaluable.com or auctionzip.com
In completing the bidder registration on www.invaluable.com or www.auctionzip.com providing your credit card details and unless alternative arrangements are agreed with Penrith Farmers & Kidds, you:
(i) authorise Penrith Farmers & Kidds, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via invaluable.com or auctionzip.com, and
(ii) confirm that you are authorised to provide these credit card details to Penrith Farmers & Kidds through www.invaluable.com or www.auctionzip.com and agree that Penrith Farmers & Kidds are entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
10) Lots shall be paid for in full and removed from the auction sale venue at the buyer's risk and expense at the end of the sale. In the case of venues other than PF&K's own premises, lots not so removed will be taken, at the buyer's expense and sole risk, into PF&K's own premises and will be subject to a warehousing charge. If after seven days such goods have not been paid for and removed by the buyer they may be sold by PF&K by auction or by private treaty without further notice, any loss arising from such re-sale to be borne by the said buyer.
11) Notwithstanding the foregoing conditions, if within seven days of a catalogue auction sale PF&K receive, in writing, a notice from the purchaser of any lot that, seen in relation to the catalogue description, that lot is a deliberate forgery, and within fourteen days of that sale satisfies PF&K (the burden of proof to be the purchaser's,) that the lot is a deliberate forgery, then the sale will be rescinded and the purchase price of the lot refunded. The vendor, for whom PF&K act as agent only, and the purchaser agree to be bound by PF&K's decision in this case.
12) PF&K, acting as agents only, disclaim any responsibility for default either by the vendor or the purchaser. Payment will be made to vendors of any lot only after payment is received from purchasers of that lot.
13) Commission bids/requests for telephone bids received prior to the sale, will be carefully carried out by PF&K, but at the intending purchaser's sole risk. Bids/ requests for telephone lines received after 7.00pm on day prior to sale are not guaranteed to be executed.
14) All persons attending Auction Sales on PF&K's premises or other PF&K venues shall be deemed to be there at his or her own risk, and shall have no claim against PF&K for any injury, damage or loss howsoever caused, unless caused by the negligence of PF&K employees.
15) Insurance: Unless PF&K receive instructions to the contrary, all goods consigned for sale and whilst in the custody of PF&K will be held insured against the risks of fire, burglary and water damage (but not against accidental damage).
16) Reserves: Unless instructed in writing prior to a sale, or in the case of reserves agreed on PF&K's entry form, all goods will be sold without reserve. Goods which fail to reach the reserve price may be sold by PF&K on behalf of the vendor subsequent to the auction by private treaty at a price not less than the reserve price.
17) Value Added Tax: A vendor who is VAT registered must disclose the fact to PF&K and provide his VAT Registered Number, where the goods consigned for auction are assets of his business; if the vendor is operating the Special Scheme for Antiques and Works of Art, PF&K must be informed on, or prior, to consignment of the goods. Goods which are subject to VAT on the hammer price are marked in the catalogue with the following symbol X .
18) The vendor shall give PF&K a complete indemnity against any claims in respect of goods sold by PF&K on his behalf.
19) In the event of any failure of the buyer to comply with any of the above conditions, the damages recoverable from the defaulter shall include any loss arising on resale of the lot, together with the charges and expenses relating to both sales, and any money deposited in part-payment shall be held by PF&K on account of any liability of the defaulter to them.
20) The consignment of goods for sale by a vendor, or a bid at auction by an intending purchaser shall be deemed to imply an acceptance of these standard conditions and of any other conditions for the time being published by PF&K
