Terms and Conditions
Terms and Conditions for CEFA's Live Auctions
A.CEFA AS AGENT
1. Except as otherwise stated CEFA acts as agent for the Seller. The contract for the sale of the property is, therefore, made between the Seller and the Buyer.
B.CATALOGUE DESCRIPTION AND CONDITION
Lots are sold as described and otherwise in the condition they are in at the time of the sale, on the following basis. We wish to inform Buyers that CEFA bears no liability on the condition of the lots, once purchased, and it is for the Byers to satisfy themselves of the lot's condition before purchase.
1. ConditionThe nature of the lots sold in our auctions is such that they will rarely be in perfect condition, and are likely, due to their nature and age, to show signs of wear and tear, damage, other imperfections, restoration or repair. Any reference to a condition in a catalogue entry is an opinion only and will not amount to a full description as to condition. Condition reports are usually available on request and such reports must be requested before the conclusion of the sale. In describing lots in the catalogue, our staff will assess the condition in a manner appropriate to the estimated value of the item and the nature of the auction in which it is included and state their honest opinion. Any statement as to the physical nature or condition of a lot, in a catalogue, condition reports or otherwise is given honestly and with appropriate care. However CEFA staff are not professional restorers or trained conservators and, accordingly, any such statement will not be exhaustive. CEFA does not accept liability for any material difference between the description of a lot in the auction catalogue and the actual condition of the lot following purchase and, therefore, recommend that you always view property personally, and particularly in case of any items of significant value, that you instruct your own restorer or other professional adviser to report to you in advance of bidding.
2. AttributionAny statements made by CEFA about any lot, whether orally or in writing, concerning attribution to, for example, an artist, school, or country of origin, or history or provenance, or any date or period, are expressions of honest opinion or belief. Our opinions or beliefs are formed honestly and with the standard of care of an Auction House of our standing, due regard having been had to the value of the item and the nature of the auction in which it is included. It must be clearly understood, however, that, due to the nature of the auction process, we are unable to carry out exhaustive research of the kind carried out by professional historians and scholars, and also that, as research develops and scholarship and expertise evolve, opinions on these matters may change. We therefore recommend that, particularly in the case of any item of significant value, you seek advice on such matters from your own professional advisers.
3. Estimates of priceEstimates of the selling price should not be relied upon as a statement that this is the price at which the item will sell or its value for any other purpose.
4. Fitness for purpose or use
Lots sold vary in age, category and condition; consequently they may be purchased for a variety of purposes or usage. Unless otherwise specifically agreed, no promise is made that a lot is for any particular purpose or use.
5. Electrical Goods
These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
6. Soft Furnishings
The sale of soft furnishings is strictly regulated by statute law in the interests of safety. Goods found to infringe safety regulations will not be offered and must be removed at the Seller's expense. We reserve the right to dispose of unsafe goods as refuse, at the Seller's expense.
7. Image rights
CEFA has the right to use and distribute images of any items which is consigned to it for sale or otherwise in its possession. This includes, but is not limited to, marketing purposes on any media platform.
At all times these images shall remain the property of CEFA. No other party shall use these images without the prior written consent of CEFA.
C. AT THE SALE
1. Refusal of admission
CEFA has the right, at our complete discretion, to refuse admission to any auction in any premises and to reject any bid.
2. Registration before bidding
Prospective Buyers who wish to bid in the saleroom can register online in advance of the sale, or can come to the saleroom on the day of the sale approximately 30 minutes before the start of the sale to register in person. Prospective Buyers must complete and sign a registration form with his or her name and registered address, and provide identification before bidding. We may require the production of Bank Details from which payment will be made or other financial references.
3. Bidding as principal
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the Buyer's premium and all applicable taxes and charges, unless it has been expressly agreed in writing with CEFA before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to CEFA and that CEFA will, in those specific circumstances, hold that identified third party liable to pay the said purchase price.
4. Absentee Bids
We will use reasonable efforts to carry out written bids delivered to us prior to the sale, for the convenience of the clients who are not present in person at the auction, by an agent or by telephone. In this respect please refer to the relevant section of the catalogue for the Absentee Bids Form. If we receive written bids on a particular lot for an identical amount, and at the auction these are the highest bids on the lot, it will be sold to the person whose written bid was received first. Execution of bids is a free service. Such undertaking as we carry out in respect of written bids is subject to other commitments at the time of the sale and the volume of sale and non-sale goods is such that we cannot accept any liability for failing to execute a written bid or from errors and/or omissions in circumstances beyond our control. We will seek to carry out the execution of written bids in the aforesaid circumstances with reasonable care.
5. Telephone Bids
If a prospective Buyer makes arrangements with us prior to the commencement of a sale, we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone, but we do not accept liability for any failure to do so or for errors or omissions arising from or out of telephonic bidding which may be caused by circumstances outside our reasonable control or for any technical reason relating to the telephonic communication whatsoever. We wish to remind our bidders that because we are based in a rural area, we occasionally experience technical failings on our telephones and internet connection. CEFA will not be responsible for any failings in the preview, exhibition and/or sale of a lot resulting from any technical failings on telephone and/or internet connections.
6. Currency converterAt some auctions a currency converter may be operated. Errors may arise in connection with the currency converter, where they do so we accept no responsibility for such errors arising outside our reasonable control. We do not accept liability to bidders who follow the currency converter rather than the actual bidding in the room.
7. Video or digital imagesAt some auctions a currency converter may be operated. Errors may arise in connection with the currency converter, where they do so we accept no responsibility for such errors arising outside our reasonable control. We do not accept liability to bidders who follow the currency converter rather than the actual bidding in the room.
8. ReservesUnless otherwise indicated all lots are sold with a reserve, which is the confidential minimum below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any lot below the reserve by placing the bid on behalf of the Seller. The auctioneer may continue to bid on behalf of the Seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
9. Auctioneers discretionThe auctioneer has the right to refuse any bid, advancing the bidding in any manner as he may decide, withdrawing or dividing any lot, combining any two or more lots and, in the case of error or dispute, and whether during or after the sale, determining the successful bidder, continuing the bidding, cancelling the sale or re-offering and reselling the item in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive.
10. Successful bid and passing of riskSubject to the auctioneer's reasonable discretion, the highest bidder accepted by the auctioneer will be the Buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes to the Buyer at the expiration of seven calendar days from the date of the sale, or on collection by the Buyer, if earlier.
D. AFTER THE SALE
1. Buyers Premium
In addition to the hammer price the Buyer agrees to pay to us the Buyer's premium as well as any applicable VAT. The Buyer's premium is 20% of the hammer price on each lot.
2. Artist Re-sale Right
If the Artist Resale Right Regulations 2006, or any subsequent lawful amendment thereto, apply to the lot, the Buyer also agrees to pay to us an amount equal to the resale royalty provided for in the Regulations, or any subsequent amendment thereto. Lots affected by this will be marked with the symbol * immediately preceding the lot number.
3. Payment and Ownership
The Buyer must pay the full amount due (comprising the hammer price, Buyer's premium and any applicable taxes) immediately after the sale. This applies even if the Buyer wishes to export the lot and an export licence is, or may be, required. The Buyer will not acquire title to the lot until all amounts due to us from the Buyer have been received by us in good cleared funds even in circumstances where we have released the lot to the Buyer.
4. Collection of purchases
We shall be entitled to retain items sold until all amounts due to us or any of our affiliates, subsidiaries or related bodies or companies have been received in full in cleared funds or until the Buyer has performed any other outstanding obligation as we, in our sole discretion, shall require. Those obligations may include but are not limited to, completing any anti-money laundering or anti-terrorism checks which are currently required by the law where the contract of sale is formed but shall, in any event, include such checks as are required by the prevailing law of England and Wales. In the event the Buyer fails to complete any such anti-money laundering or anti- terrorism checks CEFA reserve the right to regard the contract of sale as cancelled on the expiration of 7 days from the request for such checks being made, subject to a separate agreement between us and the Buyer being reached in respect of the period required for the completion of such checks. Subject to this the Buyer shall collect purchased lots within two calendar days from the date of the sale unless agreed between us and the Buyer.
5. Packing handling and shipping and insurance
(a) In relation to the packing, handling, storage and shipping of any purchased lot, we are not responsible nor may we be held liable for any acts or omissions of any such third party which may lead to any loss or damage whatsoever to any purchased lot, nor are we responsible for any such loss or damage to any purchased lot which may be occasioned by any act or omission out of our reasonable control.
(b) We, as the Seller's agent, shall provide such reasonable and proportionate insurance cover, in relation to all lots submitted to us and under our physical control, which may be required in the day to day operation of our business. Our liability, under any insurance cover as we provide as aforesaid, in relation to submitted lots under our physical control, shall be limited in relation to any individual lot to the lower auction estimate.
(c) If the Seller wishes to obtain insurance cover above the amount in 5 (b) above, then it is the responsibility of the Seller to obtain that insurance cover for the submitted lot in question. We can, by separate agreement and payment of the appropriate premium, provide insurance cover in respect of any specific submitted lot.
(d) If the Buyer wishes to obtain insurance cover above the amount in 5 (b) above then it is the responsibility of the Buyer to obtain that insurance cover for the submitted lot in question. We can, by separate agreement and payment of the appropriate premium, provide insurance cover in respect of any specific submitted lot.
6. Storage and Export LicenceUnless otherwise agreed with us in writing, the fact that the Buyer wishes or has to apply for an export licence does not affect his obligation to make payment after the sale nor our right to charge interest or storage charges on late payment. If the Buyer requests us to obtain an export licence on his behalf then if so provided we will be entitled to make a charge for this service which shall include any such third party payment required in the obtaining of any such export licence.
7. Remedies for non-payment
If the Buyer fails to make payment in full in cleared funds within 7 days after the sale, we shall have the right to exercise a number of legal rights and remedies. These include, but are not limited to, the following:
To charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
To hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted by applicable law;
To cancel the sale;
To resell the property publicly or privately on such terms as we shall think;
To pay to the Seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting Buyer;
To set off against any amounts which we or any affiliates, subsidiaries or related companies may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer;
Where several amounts are owed by the Buyer to us or any of our affiliates, subsidiaries or related companies to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs;
To reject at any future auction any bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer before accepting any bids;
To exercise all the rights and remedies of a person holding security over any property in our possession owned by the Buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The Buyer will be deemed to have granted such security to us and we may retain such property as collateral security for the discharge of the outstanding obligations of the Buyer to us;
To take such other action as we deem necessary or appropriate so to do in all the circumstances
If we exercise our right to resell as referred to under paragraph 7(d) above, the defaulting Buyer shall be liable to pay us the deficiency between the resale price and the original price due to us as well as all our reasonable costs, expenses, legal fees, commissions and premiums payable as a result of any re-sale(s) necessitated by the default of the Buyer. If we pay an amount to the Seller in accordance with paragraph (e) above, the Buyer acknowledges the right of CEFA to pursue all such claims and hold all such rights as if it were the Seller in relation to the defaulting Buyer.
8. Failure to collect purchases
Where purchases are not collected within two calendar days form the date of sale, whether or not payment has been made, we shall be permitted to remove the property to a third party warehouse at the Buyer's expense, and only release the items after payment in full has been made in respect of removal, handling and storage costs howsoever reasonably incurred by us as well as payment of any other outstanding sums owed to us by the Buyer.
9. Selling Property at CEFA
(a) In addition to expenses such as transport, all consignors pay a commission according to a xed scale of charges based upon value of property sold by the consignor at CEFA in a calendar year. Commissions are charged on a lot by lot basis.
(b) The Seller accepts that CEFA has no liability to pay the sale monies to the Seller, unless and until the Buyer has paid in full for the purchase.
(c) The Seller agrees that, when a Limited Guarantee is in place, the sale monies, subject to (b) above, will only be released upon the expiry of the 14 days' Limited Guarantee period. If the Buyer returns the item to CEFA under the Limited Guarantee and requests a refund, then no sale monies will be released to the Seller. In such circumstances, the Seller can decide whether the item is to be sold at a later auction or whether to request its return.
10. VAT
A † (dagger) symbol indicates that VAT is payable by the buyer at the standard rate (presently 20%) on the hammer price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK. The †† (double dagger) symbol indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5.0%) on the hammer price and 20% on the buyer's premium. Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that the VAT included within the Premium is not recoverable as input tax.
E. LIMITED GUARANTEE
In addition to our liability to Buyers set out in these conditions, but subject to the terms and conditions of this paragraph, CEFA offers a Limited Guarantee of 14 days from the sale on all items purchased for which a condition report was ordered before the sale. If the Buyer ordered a condition report in advance of the sale, and the item purchased differs in condition from what is stated in the condition report, then CEFA offers a Limited Guarantee of 14 days in which time the Buyer may return the item and request a refund. The Limited Guarantee does not apply to items purchased without the Buyer requesting a condition report in advance.
The benefits of the warranty are not assignable and shall apply only to the original Buyer of the lot as shown on the invoice originally issued by CEFA when the lot was sold at auction.
The original Buyer of the lot must have remained the owner of it without disposing of any interest in it to any third party.
The Buyer's sole and exclusive remedy against CEFA and the Seller, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot. Neither CEFA nor the Seller will be liable for any special, incidental or consequential damages including without limitations, loss of profits nor for interest.
The Buyer must give written notice of claim to us within 14 days from the date of the sale. CEFA shall have the right to require the Buyer to obtain the written opinion of a recognized expert in the relevant field, mutually acceptable to CEFA and the Buyer, before CEFA decides whether or not to cancel the sale under the Limited Guarantee.
The Buyer must return the lot to an appropriate saleroom nominated by CEFA if not their own.
The Seller agrees that, when a condition report has been requested in advance and, thus, a Limited Guarantee is in place, no monies for the item purchased will be released until the expiry of the Limited Guarantee period.
F. COPYRIGHT
The copyright in all images, illustrations and written material produced by or for CEFA relating to a lot including the contents of this catalogue, is and at all times shall remain the property of CEFA and shall not be used by the Buyer, nor by anyone else, without prior written consent. CEFA and the Seller make no representation or warranty that the Buyer of a property will acquire any copyright or other reproduction rights in it.
G. SEVERABILITY
If any part of these conditions of sale is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
H. APPLICABLE LAW AND JURISDICTION
If any part of these conditions of sale is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
