CONDITIONS OF SALE
1. GENERAL: the following Conditions of Sale are intended to define the entire agreement between Derwent-Wye Fine Art Auctions Limited (the Auctioneer) and the buyer/seller in respect of the goods listed in this catalogue.
2. CONSECUTIVE AND RESPONSIVE BIDDING: the Auctioneer may open the bidding on any lot by placing a bid on behalf of the seller, up to the amount of the reserve, by placing consecutive or responsive bids for a lot.
3. DEFINITION OF CATALOGUE: the catalogue is available in a number of formats, including hard copy format and online and all references to "the catalogue" herein are intended to include all formats, however presented.
4. AMENDMENTS: the Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other contents of this catalogue may be amended by the Auctioneer by the posting of notices or by oral announcements made during the sale.
5. AGENCY: the goods will be offered by the Auctioneer as agent for the seller, unless the catalogue indicates otherwise.
6. BIDDING IN PERSON: to bid in person you must register for and collect a numbered paddle before the commencement of the auction. Proof of identity will be required in the form of a Passport or driving licence or identity card. 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.
7. AUTHENTICITY: the authenticity of goods listed in the catalogue is as stated in the Terms of Guarantee hereinafter set out and all property is sold as seen and without any representations or warranties by the Auctioneer or the seller as to merchantability, fitness for a particular purpose, the correctness of the catalogue or other description, the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance and no statement made in any context, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed to constitute such a warranty, representation or assumption of liability.
8. TERMS OF DESCRIPTION: the terms of description of the goods in the catalogue represent the Auctioneer's opinion only and shall be defined as follows: (a) a work catalogued with the name(s) of an artist, without any qualification is, in our opinion a work by the artist; (b) "attributed to...": in our opinion the work may possibly be by the artist; (c) "in the manner of...": in our opinion a work in the style of the artist, which may or may not be contemporary with the dates of the artist; (d) "after...": in our opinion a copy of a known work by the artist; (e) "signed by...": in our opinion the signature is from the hand of the artist; (f) "with signature": in our opinion possibly signed by the hand of the artist; (g) "bears a signature": in our opinion the signature may have been added by another hand.
9. SCULPTURE: casts in bronze and other material are catalogued with the full name and dates of the artist that created the original model. In some cases, however, this does not mean that the cast is by the hand of the artist or contemporary, but rather cast after the model by that artist.
10. COPYRIGHT: the Auctioneer and the seller make no representations and warranties, express or implied, as to whether the buyer acquires any copyrights, including but not limited to, any reproduction rights in any property.
11. ERRORS AND OMISSIONS: The Auctioneer and the seller are not responsible for errors and omissions in the catalogue, glossary, or any supplemental material.
12. INSPECTION: Prospective buyers should inspect the goods before bidding to determine their authenticity, condition and size (all dimensions stated in the catalogue are approximate only).
13. BUYER'S PREMIUM: the buyer's premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The buyer's premium is 20% of the successful bid price, plus VAT.
14. SELLER'S PREMIUM: the seller's premium is 15% of the successful bid price, plus VAT.
15. VAT: goods identified with the symbol ? will be sold under normal UK VAT rules and VAT will be charged on both the hammer price and the buyer's premium. Where there is no VAT symbol, the Auctioneer is able to use the margin scheme and VAT will not normally be charged on the hammer price.
16. WITHDRAWAL: the Auctioneer reserves the right to withdraw any goods before the sale and shall have no liability whatsoever for such withdrawal.
17. BIDDING: the Auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the Auctioneer will be the buyer. In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, the Auctioneer will have the final discretion to determine the successful bidder, cancel the sale, or to reoffer and resell the goods in dispute. If any dispute arises after the sale, the Auctioneer's sale record is conclusive.
18. ABSENTEE BIDS: the Auctioneer will execute absentee bids or accept telephone bids at its discretion as a convenience to clients who are not present at the auction, but will not be responsible for any errors or omissions in connection therewith.
19. BIDS BELOW RESERVE: if the Auctioneer decides that any opening bid is below the reserve of the goods offered, it may reject the same and withdraw the goods from sale, and if, having acknowledged an opening bid, it decides that any advance thereafter is insufficient, it may reject the advance.
20. BUYER'S RESPONSIBILITY: subject to the fulfilment of all of the conditions hereinbefore set out, on the fall of the hammer, title to the offered lot will pass to the highest bidder acknowledged by the Auctioneer, and such bidder thereupon: (a) assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames or glass covering prints, paintings or other works) and: (b) will immediately pay the full purchase price.
21. LATE PAYMENT: in addition to other remedies available by law, the Auctioneer reserves the right to impose from the date of sale a late charge payment of 2% per month of the total purchase price if payment is not made in accordance with the conditions hereinbefore set out.
22. COLLECTION OF GOODS: all goods must be collected from the Auctioneer's premises by the buyer or seller at their own expense not later than 7 days following the sale and, if not so removed: (a) a handling charge of 5% of the total purchase price per lot will become payable to the Auctioneer from the 7th day following the sale and: (b) the Auctioneer may send the goods into storage at any time from the 7th day following the sale at the risk and expense of the buyer or seller. This clause is without prejudice to the Auctioneer's entitlement to resell the goods, whether at public auction or by private sale at any time (in the event of non-collection from the 7th day following the sale) as set out at clause 18 herein.
23. DEFAULT: if any applicable conditions herein are not complied with by the buyer, the buyer will be in default and in addition to any and all other remedies available to the Auctioneer and the seller by law, including, without limitation, the right to hold the buyer liable for the total purchase price, including all fees, charges and expenses, the Auctioneer may: (a) cancel the sale of that, or any other lot or lots sold to the defaulting buyer at the same or any other auction, retaining as liquidated damages all payments made by the buyer or: (b) resell the goods, whether at public auction or by private sale or: (c) effect any combination thereof. In any case, the buyer will be liable for any deficiency, any and all costs, handling charges, late charges, expenses of both sales, the Auctioneer's commissions on both sales at standard rates, legal fees and expenses, collection fees and incidental damages. The Auctioneer may, in its sole discretion, apply any proceeds of sale then due or thereafter becoming due to the buyer or any payments made by the buyer, whether or not intended to reduce the buyer's obligations in respect of the unpaid lot or lots, to the deficiency and any other amounts due. In addition, a defaulting buyer will be deemed to have granted and assigned to the auctioneer a continuing interest in any goods or monies owing to such buyer in the Auctioneer's possession.
24. GOVERNING LAW AND JURISDICTION: these Conditions of Sale shall be governed by and construed and enforced in accordance with English law. By bidding at the auction, whether present in person or by agent, telephone or other means, the buyer shall be deemed to have consented to the jurisdiction of the English Courts.
25. LIMITATION OF LIABILITY: in no event will the liability of the Auctioneer to a buyer exceed the purchase price actually paid for the relevant goods.
26. CHILDREN: children under the age of 16 years are not permitted on the premises for the purpose of attending the viewing, the sale or for any other purpose.
27. THIRD PARTY LIABILITY: every person attending the premises shall be deemed to be there at their own risk and must exercise due care and attention in respect of their own safety, the safety of others and the integrity of the goods thereat. The Auctioneer will not accept liability for any claim for damage occurring at the premises, howsoever caused. Furthermore, the auctioneer will not accept any claim for personal injury (including loss and damage in connection therewith), save and insofar as such personal injury has been caused or contributed to by the negligence of the Auctioneer.
28. DATA PROTECTION: the Auctioneer (together with its sister company Derwent-Wye Fine Art Limited) will use information provided by its clients for the provision of auction and art related services, marketing and to manage and operate its business, or as required by law. The Auctioneer may wish to make a recording of the sale as an aide to the resolution of such disputes as may arise. The Auctioneer will not otherwise use data without express consent.
