CONDITIONS OF SALE
1. Definitions
In these conditions the following meanings:
a. "The Auctioneer" means the firm of Thomas Watson & Son or directors or employee thereof at the time of sale.
b. "The Buyer" shall have the meaning applied to it in Condition 4 and for the purpose of these Conditions all Buyers shall be deemed to be principles unless to the knowledge of the Auctioneer they are acting as agent on behalf of a named principle.
c. "Forgery" means a lot (i) which is so constituted as deliberately to deceive when considered in the light of its catalogue description, and (ii) whose value as such is materially less than if it has complied with the catalogue descriptions.
2. Explanatory Introduction
The Auctioneer acts only as agent for the seller (unless otherwise specifically declared). The Auctioneer is not necessarily in a position to know the history of or assess the quality of lots sold on behalf of these principles. In addition, lots sold are likely to have been subject to wear and tear caused by use or the effects of age and may therefore have faults and imperfections. Buyers are given ample opportunity and viewing times to examine lots to be sold and will be assumed to have done so. They must rely solely on their own skill and judgement as to whether lots are fit for any particular purpose, and as to compliance with the catalogue description of illustrations.
3. Bids
All bids shall be treated as offers made upon these Conditions of Sale and all persons present are admitted to attend the sale on the basis that they have notice of these Conditions.
4. Ascertainment of Buyer
The buyer shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. In the case of a dispute as to the highest bidding during or immediately after the sale of the lot, the Auctioneer may if he thinks fit put up the lot again for sale.
5. Auctioneers Discretion
The Auctioneer has sole discretion:
a. to refuse any bid
b. to advance the bidding as he may decide
c. to decide whether there has been a dispute as to the bidding and under condition 4 to resell
d. to withdraw or divide any lot or combine one lot with another or others, and
e. to exclude any person from the auction room or to refuse to accept his bid
6. Reserves and Seller's Right to Bid
Lots put up for sale are subject:
a. to any reserve price imposed by the Seller
b. the right of the Auctioneer to bid on behalf of the Seller
7. Buyers Duties
a. to register at reception before purchase of any lot
b. supply, if so required, bank or other suitable references
c. pay the full purchase price on the day of the sale in a way acceptable to the Auctioneer, and
d. on proof of payment clear the lots purchased by him no later than the end of normal working hours during the day of sale, or within such extension of time as may specifically be agreed.
8. Liability of Auctioneer and Seller
Subject to Condition 10:
a. lots are sold with all faults and imperfections and neither the Seller nor the Auctioneer are responsible for any defects whatsoever
b. no warranty or representation is given or authorised to be given by the Seller or the Auctioneer with regard to any lot other than the Seller had the right to sell the lot in question
c. any express or implied conditions, warranties or representations whether relating to description, quality or fitness for purpose are hereby expressly excluded
d. the Auctioneers cannot make any guarantees as to the condition of electrical items and buyers are strongly advised to have them examined by a qualified electrical contractor before use, no refund is available if the item is faulty
9. Catalogue Description
The Auctioneer undertakes that care has been taken to see that catalogue descriptions are reasonably accurate and reliable but these are necessarily matters of opinion only and shall not be taken to be statements of facts. Subject to Condition 10, neither the seller nor the Auctioneer is responsible for the correctness of any description of any lot or its attribution in any manner to any particular originator.
10. Forgeries
Notwithstanding Conditions 8 and 9, if the Auctioneer receives notice from the Buyer within 14 days of the sale that in his opinion a lot is a forgery (as defined in Condition 1) and on giving such notification a lot is returned to the Auctioneer at his working premises in the same condition as when bought, then if on considering such evidence as the Buyer supplies to prove his assertion, the Auctioneer decides that the lot is a forgery the sale of the lot will be rescinded and the purchase price repaid to the Buyer.
11. Property in Lots at Risk
The Buyer Shall not become the owner of any lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price in full, but after the fall of the hammer the risk of damage or loss to the lot in question shall nevertheless pass to and remain with the buyer.
12. Default by Buyer
If the Buyer fails to pay for or remove any lot bought by him or in any other material respect fails to comply with these Conditions, the Auctioneer shall have the right:
a. to resell the lot by public auction or otherwise without notice to the Buyer, and if any deficiency arises on such resale after deducting the Auctioneer's full cost and expenses, the Buyer shall be responsible to the Seller and Auctioneer but any net surplus to be the Seller's or, alternatively,
b. to store the lot at the Auctioneer's premises or elsewhere and to release the lot to the Buyer only after payment (in addition to the purchase price) in full of all reasonable storage and removal expenses incurred, together with interest on the outstanding amount.
13. Buyers Premium
Each lot is subject to a buyer's premium of 17.5% (+ VAT). Please note that buyers bidding via an online platform will be charged an additional 3%
14. Royalty Payments
Artists Resale Royalty Charge will apply to Buyers on Qualifying Artwork with a hammer price over Euro 1,000.
15. Payment and Clearance
Payment for all lots is due immediately after the sale. We accept debit cards, credit cards and cash up to the value of £9,000. Please note credit cards are subject to a 2.5% surcharge and 'person not present' payments are subject to a maximum of £1,000.
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SPECIAL NOTICES:-
Buyers premium
A buyer's premium of 17.5% of the hammer price is payable on each lot. VAT is applicable on the buyer's premium for each lot at the current rate. Bids made via an online platform will be subject to an additional 3%.
Condition of lots
Prospective buyers are encouraged to inspect the items at the pre-sale viewing. The absence of reference to the condition of a lot in the catalogue description does not imply that the lot is free from faults or imperfections.
Weights and Measurements
Weights and measurements should be treated as approximate. The weight of silver is provided in troy ounces.
Telephone bidding
Telephone bid requests must be made before 5pm on the Monday before the Sale.
Commission bidding
If you are unable to attend the sale commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyer's premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers will take the first bid received. Commission bids must be with the auctioneers one hour prior to the start of the auction.
Delivery
We can arrange the delivery of your purchases in the North East of England. Please contact the office for a quote. For deliveries outside of the North East of England and overseas, we recommend Bradleys Furniture Carriers of Darlington. They can be contacted on +44 (0)1325 281332 or visit their website www.removals.org.uk
Packing and shipping
We do not offer a postage and packing service. We recommend Mail Boxes Etc. in Newcastle. They can be contacted on +44 (0)191 222 0018 or e-mail info@mbenewcastle.co.uk.
Storage and collection
Please note what the Condition of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may mean the buyer paying storage charges. Where practicable and upon receipt of cleared payment good may be collected during the sale.
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GLOSSARY OF TERMS
The following are examples of terminology used in this catalogue. Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of fact.
SCULPTURE & WORKS OF ART
1 Joseph Mallord William Turner
In our opinion a work by the artist. In the case of 19th century sculpture this indicates that the work was made, in our opinion , either by the artist or by a foundry or editor who had the rights to reproduce the artist's original model either during the artist's lifetime or for a defined posthumous period. (When the artist's forenames are not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicated that in our opinion the work is by the artist named).
2 Attributed to Joseph Mallord William Turner
In our opinion probably a work by the artist but less certainty as to authorship is expressed than in the preceding category.
3 Workshop of Joseph Mallord William Turner
In our opinion a work by an unknown hand in the studio of the artist which may or may not have been executed under the artist's direction.
4 Circle of Joseph Mallord William Turner
In our opinion a work by an as yet unidentified but distinct hand, closely associated with the named artist but not necessarily his pupil.
5 Manner of Joseph Mallord William Turner
In our opinion a work in the style of the artist and of later date.
6 After Joseph Mallord William Turner
In our opinion a copy at a later date of a known work by the artist. In the case of 19th century sculpture this indicates that in our opinion the work was made by a foundry or editor at a later date and apparently without exclusive rights.
7 Italian (15th century)
In our opinion a work from that region and of that date.
8 Probably Italian (15th century)
In our opinion a work that is likely to be from that region and/or of that date but less certainty as to the region and/or date is expressed that in the preceding category.
9 In Renaissance style
In our opinion a work executed in the style of the Renaissance but not necessarily of that period.
10 The term signed and/or dated and/or inscribed means that in our opinion the signature and/or date and/or inscription are original to the model or authorised by the sculptor's studio or editor but not necessarily from the hand of the artist.
11 The term bearing the signature and/or date and/or inscription means that in our opinion the signature and/or date and/or inscription have been added at a later date.
12 Dimensions are given height before width.
Payment and Clearance
Payment for all lots is due immediately after the sale. We accept debit cards, credit cards and cash up to the value of £9,000. Please note credit cards are subject to a 2.5% surcharge and 'person not present' payments are subject to a maximum of £1,000.
Packing and shipping
We do not offer a postage and packing service. We recommend Mail Boxes Etc. in Newcastle. They can be contacted on +44 (0)191 222 0018 or e-mail info@mbenewcastle.co.uk.
Delivery
We can arrange the delivery of your purchases in the North East of the England. Please contact the office for a quote. For deliveries outside of the North East of England and overseas, we recommend Bradleys Furniture Carriers of Darlington. They can be contacted on+44 (0)1325 281332 or visit their website www.removals.org.uk
