CONDITIONS OF BUSINESS (March 2008)
CONDITIONS OF BUSINESS (INCLUDING SALES BY INFORMAL TENDER)
INFORMATION FOR BUYERS
1. Introduction
The following informative notes are intended to assist buyers, particularly those inexperienced or new to our salerooms. All sales are conducted under our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency
As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy, your primary contract is with the seller.
3. Estimates
Estimates are designed to help buyers gauge what sort of sum might be expected for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's Premium
The Conditions of Sale oblige buyers to pay a buyer's premium on the hammer price of each lot purchased at the following rates:
18% on the first £250,000
15% on the excess between £250,001 and £500,000
12.5% on the excess between £500,001 and £1,000,000
10% on the excess over £1,000,001
Where thresholds apply, the higher premium rate will apply to the portion of the bid price up to the threshold and the lower premium rate will apply to the portion of the bid price in excess of the threshold. In addition, VAT is added to this premium (see below).
5. VAT
The asterisk symbol (*) next to a lot number indicates that VAT is payable by the purchaser (at the standard rate on the day of the auction) 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 on importation into the UK. The double asterisk 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%) on the gross lot price (i.e. both the hammer price and 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.
6. Catalogue Descriptions and Condition Reports
We are primarily agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them, we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order and books are not guaranteed to be complete. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances, lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made, within a three-week time limit from the date of sale. The expression 'deliberate forgery' is defined in our Conditions of Sale. We are unable to undertake condition reports on the day of an auction.
7. 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.
8. 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 because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
9. Registration and Bidding
The auctioneers reserve the right to refuse admission to the saleroom premises or participation in any auction, and to reject any bid. They may accept, at their complete discretion, bids from those present in the saleroom, written commission bids left in advance of the auction, and an indication of intention to bid from those who wish to do so by telephone or online. At the time of registration, prospective bidders are required to complete a registration form with their name and address, and to supply proof of identity and residence, for example a passport or driving licence photocard and a current utility bill, together with a debit or credit card, in order to obtain a numbered bidding paddle. Chorley's will not accept mobile telephone numbers as the only form of contact or a P.O. Box number as the only address. Clients leaving commission bids by telephone, email or via the internet will also be required to provide these details and proofs of identity and residence before a bid is accepted, as will clients registering to bid by telephone or online. New bidders who cannot attend Chorley's saleroom in person to show this documentation are requested to process their proposed payment card for authentication through the secure online registration page, operated by SAGEPAY, on Chorley's website. A deposit may be requested from new clients wishing to bid on premium lots (which will be clearly indicated in the catalogue). This deposit will be refunded on the day after the auction should the bid be unsuccessful, or deducted from the buyer's invoice if the bid is successful. Instructions to bid on behalf of another party will be refused. All buyers must arrange immediate payment upon notification of a successful bid and arrange collection of goods within 6 working days after the auction. To avoid any delay in the release of purchases, buyers should pre-arrange credit approval from their bank. Lots purchased will be invoiced to the name and address on the registration form and payment by a third party will not be accepted. Goods will not be released to any other person or address other than that registered. Collections by couriers/carriers will only be permitted on receipt of written instructions from the registered bidder. Collections by taxi or unconfirmed other parties will be refused. If payment is made in absentia, Chorley's will not release the items for a period of 72 hours after payment unless the cardholder attends the saleroom in person and presents the card used for the transaction. In some circumstances, Chorley's may be able to provide packing and/or postage of purchased Lots for a fee, however this is at Chorley's discretion and it is advisable to check before bidding whether this service will be available for a particular Lot. Packing by Chorley's will be done to the best of our ability but we cannot guarantee the treatment of packages once they leave our saleroom, therefore where this service is offered, it is done so at the buyer's risk and on the understanding that Chorley's will not be held liable for loss or damages.
10. Commission Bidding
All those wishing to use this service are bound by the registration and bidding requirements in Item 9 above. Commission bids may be left with the auctioneers up to one hour before the start of an auction, indicating the maximum amount to be bid excluding buyers' premium. These can be left in person, by telephone or via the 'My Lots & Bids' feature of our online catalogues. All bids submitted are regarded as acknowledgement that the bidder has read and accepts the terms and conditions of sale and will submit any specific personal details requested to verify their intention and ability to comply with those conditions. Commission bids will be executed at the lowest possible price having regard to any reserve and competing bids. If two buyers submit identical commission bids, the auctioneers may prefer the first bid received. The auctioneer may execute commission bids directly from the rostrum, clearly identifying the successful bid as commission bid. Commission bids may be left with saleroom staff by telephone, at which point all details of proposed payment and collection arrangements will be required. We would remind prospective bidders that the firm strongly advises viewing onsite in person, or by an agent, and that any descriptions, condition reports and images supplied to the absentee bidder are an opinion provided by this firm and do not guarantee the condition, age or any other characteristic of the lot in question. Execution of commission bids is a free service undertaken subject to other commitments at the time of the sale and we cannot accept liability in an individual instance for failing to execute a written bid or for errors and omissions in connection with it, arising from circumstances beyond our reasonable control. The auctioneer may also execute bids on behalf of the seller up to the amount of the reserve, which cannot be above the lower estimate. The auctioneer will not specifically identify bids placed on behalf of the seller. It is the responsibility of the bidder to ascertain whether his bid has been successful. All buyers must arrange payment and notify Chorley's of collection arrangements within 6 working days after the auction.
11. Telephone Bidding
All those wishing to use this service are bound by the registration and bidding requirements in Item 9 above. At their discretion, the auctioneers may undertake to bid on behalf of a prospective buyer over the telephone. Telephone bids will not be available for lots estimated below £400 and this service must be booked by 4pm on the day prior to the auction. Bidders will be required to provide two telephone numbers, in case one line is busy or unobtainable at the time of the auction. They will also be asked to supply an emergency commission bid for each lot in which they propose to bid. These will only be executed in the event that saleroom staff are unable to reach the bidder on the telephone number provided at the time the lot is offered for sale. Execution of telephone bids is a free service undertaken subject to other commitments at the time of the sale and we cannot accept liability in an individual instance for failing to execute a telephone bid or for errors and omissions in connection with it, arising from circumstances beyond our reasonable control. Bidders are advised that there is a limit to the number of lines available for telephone bidding and these are allocated purely on a first come, first served basis. Should all available lines be pre-allocated, prospective buyers will be asked if they wish to leave a commission bid instead. Telephone bids may be recorded for security purposes and by bidding on the telephone prospective buyers consent to the recording of their conversation. All buyers must arrange payment and collection within 6 working days after the auction.
12. Live Online Bidding
All those wishing to use this service are bound by the registration and bidding requirements in Item 9 above. Chorley's sales offer prospective buyers the facility to bid live online through the website of www.the-saleroom.com and www.invaluable.com. Lots purchased in this way will attract an additional charge for the service in the sum of 3% of the hammer price plus VAT at the rate imposed. All potential buyers will be required to submit identification details and credit/debit card details when they register to bid live online at www.the-saleroom.com or www.invaluable.com. The registration address must be the bidder's permanent residence and the card details provided must be their own. Bidders will be approved and activated for live online bidding at our discretion. Intending bidders are advised that this service is offered subject to the Terms and Conditions of ATG Media and Invaluable as stated on their websites and that they bid by this method at their own risk. Chorley's cannot be held responsible for any failure or delay in online bidding technology which results in bids failing to reach the auctioneer or reaching the auctioneer after the hammer has fallen, neither are we responsible for incorrect information provided by the-saleroom.com regarding the success of internet bids. Absentee payments for Lots purchased online will only be accepted by bank transfer or by card payment on the secure page of Chorley's website, and there will be a clearance period of 72 hours after payment before Lots purchased online will be released for collection. Chorley's reserve the right to charge for removal to storage of any lots not collected within 6 working days after the auction, for which a fee of £10 will be charged plus a storage rate of £2 per lot per day, plus VAT. If any lots are not paid for within three weeks of the sale, Chorley's reserve the right to cancel the sale and arrange for the lot(s) to be sold either by private treaty or in a subsequent auction, and any shortfall will be invoiced to the defaulting bidder.
13. Methods of Payment
Prospective buyers who have not bid at Chorley's before may be requested to supply bank references before the auction. As a general rule, any payment tendered, other than cash, will need to be cleared before removal of the goods is permitted. Accepted methods of payment are:
• Sterling cash up to a maximum sum of £8,000 per auction
• Debit card drawn on a UK Bank - there is no additional charge for purchases made with these cards. Maximum payment in one day £30,000.
• Bank transfer - account details available from office. Maximum payment accepted from personal accounts is £25,000 per day or £100,000 from business accounts
• Credit card - payment up to a maximum amount of £5000 per auction will be accepted at the auctioneers' discretion and will be subject to a surcharge of 3%.
Cheques and banker's drafts are not acceptable tender, unless agreed with a Director of Chorley's in advance. We will not accept payments for purchased lots from any party other than the registered bidder, unless otherwise agreed with this firm prior to the sale.
Absentee payments by credit/debit card will not be accepted over the telephone, but must be made through the secure card payment page on our website, after which a clearance period of 72 hours will apply before the goods are available for release.
If any lots are not paid for within three weeks of the sale, Chorley's reserve the right to cancel the sale and arrange for the lot(s) to be sold either by private treaty or in a subsequent auction, and any shortfall will be invoiced to the defaulting bidder.
14. Collection and Storages
All buyers must arrange payment and collection of their lots not later than 6 working days after the auction.
Collection address: Chorley's, Prinknash Abbey Park, Gloucestershire GL4 8EX.
Opening hours: Monday-Friday 9am-5pm
Tel: 01452 344499
Email: enquiries@chorleys.com
Goods will not be released before cleared payment has been received. Goods will not be released to any other person or address other than that registered prior to the auction. Collections by couriers/carriers will only be accepted on receipt of written instructions from the registered bidder. Collections by taxi or unconfirmed other parties will be refused. If an absentee payment has been made by credit/debit card, Chorley's will not release the items for a clearance period of 72 hours unless the purchaser collects in person and produces the payment card at the time of collection. It is important that goods are paid for and collected promptly. Any delay may involve the buyer paying storage charges. Unless otherwise agreed with the Auctioneers, any lots remaining at the saleroom later than 6 working days after the sale will incur a removal charge of £10 plus storage fees of £2 per lot per day, all plus VAT. We can provide details, without liability, of appropriate courier/carrier firms for collection of goods; however both the insuring and carriage charge is entirely the responsibility of the buyer. At our discretion, and upon the written authorisation from the buyer assuming all responsibility for loss or damage, we may be able to pack goods for collection by courier or despatch by Royal Mail Special Delivery. This would be done to the best of our ability, however this service will be provided only upon the understanding that the buyer will not hold Chorley's liable for any damage or loss to a item once collected from the saleroom; where this service is offered, Chorley's will make a charge for the time and materials used in packing, plus the necessary postage charges. We strongly recommend that bidders enquire before the sale if a packing service will be available for a particular Lot, if this will have a bearing on their decision to bid.
TERMS OF CONSIGNMENT FOR SELLERS
1. Interpretation
In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. Similarly the words 'we', 'us', etc. refer to the Auctioneers.
2. Commission
Commission is charged to Sellers at the following rates:-
For each Lot sold for £3000 and under:
15% of the hammer price plus VAT at the current rate at the time of the sale
For each Lot sold for £3001 and over:
10% of the hammer price plus VAT at the current rate at the time of the sale
3. Removal Costs
Items for sale must be consigned to the saleroom by any stated deadline and at the your expense. We may be able to assist with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
4. Loss and Damage of Goods
(a) Chorley's is not authorised by the FSA to provide insurance to its clients, and does not do so. However Chorley's, for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until the hammer falls. To justify accepting liability, Chorley's makes a charge of 1.5% of the hammer price plus VAT. The liability assumed by Chorley's shall be limited to the lower pre-sale estimate or the hammer price if the lot has sold.
(b) If the owner of goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owner's risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 4(a) is inapplicable.
5. Illustrations
The cost of any catalogue illustrations is borne by you. If we consider that the lot should be illustrated, your permission will be asked first. The copyright in respect of such illustrations shall be the property of us, the Auctioneers, as is the text of the catalogue. All lots in every sale are illustrated on Chorley's website and major auction search websites, for which a fee of £5 plus VAT is charged per lot.
6. Minimum Bids and our Discretion Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 7. We may sell lots below the reserve provided we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a "discretion" we may accept a bid of up to 10% below the formal reserve.
7. 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 (in which case goods carry the storage and insurance charges stipulated in these Terms of Consignment).
(b) A reserve once set cannot be changed except with our consent.
(c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally on your own lots.
8. Electrical Items
These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
9. Soft Furnishings
The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense. The rights of disposal referred to in clauses 8 and 9 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request.
10. Descriptions.
Please assist us with accurate information as to the provenance and authentication of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale, you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery but we are or ought to have been aware of it.
11. Unsold and Withdrawn Items.
If an item is unsold it may be re-offered at a future sale. Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed, otherwise storage charges may be incurred. We reserve the right to charge for storage in these circumstances at a daily rate of £2 per lot.
12. Withdrawn and Bought-In Items These are liable to incur a charge of 5% plus VAT on being withdrawn or bought-in after being catalogued, based on the reserve or pre-sale low estimate.
13. Conditions of Sale
You agree that all goods will be sold under our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses, liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
14. Authority to deduct commission and expenses and retain premium and interest
(a) 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 our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
(b) You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business on the day of the sale in the case of lots unsold at 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 Terms apply.
15. Warehousing
We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make minimum warehousing charge of £2 per lot per day. Unsold lots are subject to the same charges if you do not remove them within a reasonable time of notification. If not removed within three weeks, we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
16. Settlement
After the sale, settlement of the net sum due to you normally takes place within 30 days of the sale (either by BACS or by crossed cheque to the seller) unless the buyer has not paid for the goods, in which case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 10 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 30 days from the date of sale.
CONDITIONS OF SALE
Chorley's 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:
(a) "auctioneer" means the firm of Chorley's or its authorised auctioneer, as appropriate;
(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which Chorley's accepts instructions from sellers or their agents;
(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding Procedure and the Buyer
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by re-offering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion;
(c) Bidders shall be deemed to act as principals;
(d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments
Bidding increments shall be at the sole discretion of the auctioneer.
4. The Purchase Price
The buyer shall pay the hammer price together with a premium thereon at the following rates:
18% on the first £250,000 of the hammer price
15% on the excess between £250,001 and £500,000 of the hammer price
12.5% on the excess between £500,001 and £1,000,000 of the hammer price
10% on the excess over £1,000,001
Where thresholds apply the higher premium rate will apply to the portion of the bid price up to the threshold and the lower premium rate will apply to the portion of the bid price in excess of the threshold.
In addition, VAT at the rate imposed by law is added to this premium (see below).
5. Value Added Tax
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. 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. (Please refer to "Information for Buyers" for a brief explanation of the VAT position).
6. The Artist's Resale Right
Purchase of lots marked in the catalogue with ARR beside the name of the artist may be subject to payment of the Artist's Resale Right. This is a royalty charge that all UK art market professionals are required to collect from the buyer of a work of art by an artist, or beneficiary of a deceased artist, who is registered as a member of a recognised collection agency. A payment of 4% will be due on qualifying lots that achieve a hammer price of the UK sterling equivalent of Euro 1,000 to 50,000 and this royalty charge will be added to the buyer's invoice. The Euro rate of exchange applied will be the rate published by the Design and Artists Copyright Society (DACS) website on the day of the sale. Chorley's reserve the right to invoice the buyer of a Lot at any point after the auction, should it later transpire that the artist is eligible for this royalty. After payment is received, the auctioneers will pass on this royalty to the artist's collecting agency. For qualifying items that sell for in excess of the UK equivalent of Euro 50,000, a sliding scale of royalty charges will apply and can be viewed on the website www.dacs.org.uk along with detailed information about the Artist's Resale Right.
7. Payment
(1) Immediately a lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever, without regard to any directions of you or your agent, whether express or implied.
8. Title and Collection of Purchase
(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, though risk shall pass to you from the fall of the hammer.
(2) You shall, at your own risk and expense, collect any lots that you have purchased and paid for from our premises not later than 6 working days after the sale or upon the clearance of your payment (if later), after which you shall be responsible for any collection, storage and insurance charges.
(3) No purchase may be collected and we shall not release any lot to you or your agent until it has been paid for.
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 seller and on our own 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 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). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) 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 6 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 in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied;
(2) We shall, as agent for the seller and on our own behalf, pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.
10. 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 accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
11. Commission Bids
Whilst 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 will, if so instructed clearly and in writing, execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so, save where such failure is unreasonable. 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.
12. Warranty of Title and Availability
The seller warrants to the auctioneer and the buyer that the seller is the true owner of the property consigned, or is properly authorised by the true owner to consign it for sale, and is able to transfer good and marketable title to the property free from any third party claims.
13. Agency
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
14. Terms of Sale
The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the lot.
15. Description 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 opportunity 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 representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition, completeness or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing, neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 "Information to Buyers".
(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
16. Forgeries
Notwithstanding the preceding Condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery, we shall refund the money paid by you for the lot including any buyer's premium provided that (1) the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
GENERAL
1. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
2. (1) any right to compensation for losses, liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
3. Any notice to any buyer, seller, bidder or viewer may be given by First Class Mail or Swift-mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
4. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
5. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
6. English law applies to the interpretation of these Conditions.
