Terms and Conditions
INFORMATION FOR BUYERS
1. INTRODUCTION
The following informative notes are intended to assist Buyers of Dawsons, particularly those inexperienced or new to our saleroom or online bidding platforms. All sales are conducted according to our printed Conditions of Sale which are readily available for inspection in person, on our websites 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 involved for the purchase of a particular lot. The lower estimate may represent the reserve price or may be above the reserve price. 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 of 23% on the hammer price of each lot purchased. In addition VAT is payable on this premium at the standard rate (presently 20%). (Buyer's premium 27.6% inclusive of VAT).
5. VAT
The addition of (*) or (VAT applied on hammer price) to the lot description indicates that VAT is payable by the purchaser
at the standard rate, presently 20%, on the hammer price as well as being payable on 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.
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. ARTIST'S RESALE RIGHTS / DROIT DE SUITE
Lots as indicated † in the catalogue and if sold for the equivalent of €1000 or more on the day of the auction will
be subject to a further percentage of the hammer price as follows:
From €0 to €50,000 subject to 4%
From €50,001 to €200,000 subject to 3%
From €200,001 to €350,000 subject to 1%
From €350,001 to €500,000 subject to 0.5%
Exceeding €500,000 subject to 0.25%
The Artist's Resale Right payable will be the aggregate of
the amounts payable under the above rate bands, subject to maximum royalty payable of €12,500 for any single work each time it is sold. Calculations of the artist's resale right will be based on the pound sterling/Euro reference exchange rate quoted on the date of sale by the European Central Bank.
7. AGENTS
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. Additionally, in specified circumstances, lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a three-week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
8. ELECTRICAL GOODS
These are sold as 'antiques' or 'decorative' items only and if bought for use must first be checked for compliance with safety regulations by a qualified electrician.
9. COLOURED GEMS
It is common practice for gemstones to be treated in order to enhance colour and clarity. Unless stated, buyers should presume coloured stones may well have been exposed to some sort of treatment.
10. 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.
11. BIDDING
Bidders are required to register with us before the sale commences and lots will be invoiced to the name and address on the registration form. Photographic identification is required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
12. ABSENTEE BIDDING (COMMISSION BIDDING)
Absentee bids may be left with the auctioneers indicating the maximum amount to be bid excluding the buyers' premium. They will be executed as cheaply as possible, with regard to the reserve (if any) and competing bids. If two buyers submit identical absentee bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for leaving absentee bids by telephone or email. Please ensure bids are left at least one hour prior to the start of the auction.
13. LIVE ONLINE BIDDING
(a) An online bidding service is offered via dawsonsauctions.co.uk, the-saleroom.com, Invaluable and Live Auctioneers. In completing the bidder registration on these sites the buyer is agreeing to Dawsons conditions of sale.
(b) In the case where a debit or credit card has been used to register, the buyer also agrees to authorise Dawsons, if they so wish, to charge the debit or credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the online bidding platforms.
(c) Please note that any lots purchased via dawsonsauctions.co.uk will be subject to an additional 3% + VAT commission charge, the-saleroom.com, whether live bidding or absentee bidding, will be subject to an additional 4.95% commission charge + VAT at the rate imposed on the hammer price. Any lots purchased via EasyLiveAuction.com will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price or £3 + VAT for the whole auction, and any lots purchased via Invaluable will be subject to an additional 5% + VAT.
(d) Dawsons offers online bidding services as a convenience to its clients, but neither Dawsons nor the seller will be responsible to you for errors during or after the sale or failures to execute bids, either live bids or absentee bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the auction being conducted online; (ii) a breakdown or problems with the online bidding software or the website service provider; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system.
14. METHODS OF PAYMENT
Payment can be made by cash, debit and credit cards or bank transfer. For international bank transfers an administration
fee of £25 is payable. Cheques are not accepted. Please note that regulation of money laundering means we are limited to receiving the equivalent of €15,000 in cash payment.
15. COLLECTION AND STORAGE
(a) Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may result in the buyer paying storage charges. All furniture and carpets must be collected within three working days following the auction. All other lots must be collected within five working days following the auction. Storage charges of £2 per lot per day + VAT will be strictly enforced thereafter.
(b) Dawsons may offer a limited pack and post service for items purchased through public or online auctions, please enquire for details, and will be happy to provide details of a local delivery company if required. These are suggestions only and are not the recommendation of Dawsons or affifliated with Dawsons in any way and as
such Dawsons cannot be held responsible for the individual performance of any other companies.
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Buyers Premium of 27.6% including VAT applies to every lot.
TERMS & CONDITIONS
Dawsons Auctioneers Limited 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. These terms apply to Dawsons Auctioneers Limited trading as Dawsons Auctioneers.
1. DEFINITIONS
In these Conditions:
1. "auctioneer" means the firm of Dawsons Auctioneers Limited or its authorised auctioneer, as appropriate;
2. "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;
3. "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
4. "terms of consignment" means the stipulated terms and rates of commission on which Dawsons accepts instructions from sellers or their agents;
5. "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;
6. "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;
7. "You", "Your", etc. refer to the buyer as identified in Condition 2.
8. The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND CONDUCT OF THE AUCTION 1. Bidders are required to register their details including photographic identification before bidding and to satisfy any security arrangements before entering the auction room to view or bid. Any bidder who refuses to provide the requested identification may be refused permission to bid.
2. The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if they believes there may be error or dispute, and take such action as they reasonably thinks fit.
3. Subject to condition 2(b) the contract between the buyer and seller is concluded on the striking of the auctioneers hammer whereupon the buyer becomes liable to pay the purchase price.
4. Any post auction sales of lots offered at auction shall incorporate these conditions as if sold in the auction.
5. 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. BIDDING INCREMENTS
Bidding increments shall be at the auctioneer's sole discretion.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 23%. The premium is subject to VAT at the standard rate. (27.6% inclusive of VAT)
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. PAYMENT
1. Immediately a Lot is sold you will:
i. give to us, if requested, proof of identity, and
ii. pay to us the total amount due in cash, debit, credit card or bank transfer 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.
7. TITLE AND COLLECTION OF PURCHASES
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.
1. i. You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction in the case of furniture and carpets or 5 working days following the day of the auction in the case of all other items. ii. Dawsons are unable to pack,
post or deliver any items purchased through public or online auctions, but will be happy to provide details of a local delivery company if required. These are suggestions only and are not the recommendation of Dawsons or affiliated with Dawsons in any way and as such Dawsons cannot be held responsible for the individual performance of any other companies.
2. No purchase can be claimed or removed until it has been paid for and payment has cleared.
3. Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.
4. Purchased lots must be collected within the allocated time as stated in the Information for Buyers section 15, storage charges are applicable thereafter. Purchased lots are at the Buyer's risk (and therefore their sole responsibility for insur- ance) from the earliest of the required collection or the 21st calendar day after the auction. Until risk passes, Dawsons will compensate the buyer for any loss or damage to the lot up to a maximum of the purchase price paid.
8. 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:
i. to proceed against you for damages for breach of contract;
ii. rescind the sale of that Lot and/or any other Lots sold by
us to you;
iii. to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting defificiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller; iv. to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
v. to charge interest at a rate not exceeding 1% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
vi. to retain that or any other Lot sold to you until you pay the total amount due;
vii. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
viii. 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.
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.
9. 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 per- sons visiting prior to or at a sale.
10. ABSENTEE BIDS, TELEPHONE BIDS AND LIVE ONLINE BIDDING
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.
1. Lots will be purchased by the Auctioneer on behalf of the absentee bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute absentee bids whether through the auctioneer or through any online bidding software, or where a bidding slip has been completed incorrectly. We urge absentee bidders, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.
2. Where two or more absentee bids at the same level are re- corded we reserve the right in our absolute discretion to prefer the first bid so made.
3. Telephone Bids. Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auctioneers. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.
4. Live Online bidding. An online bidding service is offered via the-saleroom.com and EasyLiveAuction.com. In completing the bidder registration on these sites the buyer is agreeing to
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Dawsons conditions of sale.
i. In the case where a debit or credit card has been used to register the buyer also agrees to authorise Dawsons, if they
so wish, to charge the debit or credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the online bidding platforms.
ii. Please note that any lots purchased via the-saleroom.com, whether live bidding or absentee bidding, will be subject
to an additional 4.95% commission charge + VAT at the
rate imposed on the hammer price. Any lots purchased via EasyLiveAuction.com will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.
iii. Dawsons offers online bidding services as a convenience to its clients, but neither Dawsons nor the seller will be respon- sible to you for errors during or after the sale or failures to execute bids, either live bids or absentee bids, placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (aa) any loss of connection to the auction being conducted online; (bb) a breakdown or problems with the online bidding software or the web site service provider; and/or (cc) a breakdown or problems with any inter- net connection, computer, mobile device or system.
11. WARRANTY OF TITLE AND AVAILABILITY
1. The seller warrants to the auctioneer and you 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.
2. No representation or warranties are made by Dawsons
or the seller as to whether any lot is subject to copyright or whether the buyer acquires copyright in any lot.
12. AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. TERMS OF SALE
The seller acknowledges that Lots are sold subject to the stip- ulations of these Conditions in their entirety and on the Terms of Consignment as notifified to the consignor at the time of the entry of the Lot.
14. DESCRIPTION AND CONDITION OF LOTS
1. Whilst we seek to describe lots accurately, it may be im- practical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities 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 of a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opin- ions 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.
2. Condition Reports. Reports on the condition of any lot are offffered by the Auctioneers as a statement of opinion only,
and not of fact. Dawsons Auctioneers Limited are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given lot prior to bidding. Dawsons will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
3. Where the term (a/f) is used this refers to a lot being 'as found', it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and Dawsons are not liable for the omission of this term.
4. Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
15. 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. Dawsons may require the buyer to obtain at the buyer's cost the reports of two independent and recognised experts in the fifield, mutually acceptable to Dawsons and the buyer. If we are satisfified 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) if the catalogue description
reflflected the accepted view of scholars and experts as at the date of sale or (2) if 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.
16. ONLINE ONLY TIMED AUCTIONS
These following terms are applicable only to sales conducted online only and are to be used in addition to the conditions
of sale.
1. Right to Cancel. If you are a consumer resident in the Euro- pean Union you have the right to cancel the contract for the purchase of a lot within 14 calendar days without giving any reason.
i. The cancellation period will expire after 14 calendar days from the day on which you acquire (or a party nominated by you and is not the shipper) physical possession of the lot.
ii. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post, fax or email). The communication must be received within 14 calendars days from the day on which you acquire the lot.
iii. If you cancel the contract, we will reimburse all payments received from you. As Dawsons are unable to provide a post- age or packing service, the cost of the initial delivery or collec- tion is not returnable. In addition the cost of returning the item if you choose to cancel the contract is payable by you.
iv. We may make a deduction from the reimbursement for
loss in value of any goods supplied, if the loss is the result
of damaged caused by unnecessary handling whilst in your possession. We will make the reimbursement without undue delay, and not later than:
(i). 14 calendar days after the day we receive back from you any goods supplied, or
(ii). (if earlier) 14 calendar days after the day you provide evidence that you have returned the goods.
(iii). We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may with- hold reimbursement until we have received the goods back
or you have supplied evidence of having sent back the goods, whichever is earliest.
2. Liability. Dawsons nor the seller will be responsible to you for errors during or after the online only timed auction or fail- ures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the auction being conducted online; (ii) a breakdown or problems with the online bidding software or the website service provider; and/or (iii) a break- down or problems with any internet connection, computer, mobile device or system.
17. GENERAL
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. 18. Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:
1. sell the aforementioned without reserve and to hold that specifific individual liable for the amount of any difffference be- tween the hammer price and the reserve or low estimate;
2. hold that specifific individual liable for the cost of restoration where appropriate;
3. hold that specifific individual liable for the full amount of the reserve price or lower estimate as applicable.
4. 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 avail- able to the seller and/or the auctioneer as appropriate.
5. such rights and exclusions shall extend to and be deemed to be for the benefifit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
19. Any notice to any buyer, seller, bidder or viewer may be given by fifirst class mail or email if provided in which case it shall be deemed to have been received by the addressee 48 hours after posting or sending.
20. 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 of terms appearing in the catalogue.
21. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affffect 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.
22. English law applies to the interpretation of these Condi- tions.
These terms and conditions are based upon recommended conditions of sale by SOFAA (the Society of Fine Art Auction- eers) and RICS (the Royal Institute of Chartered Surveyors).
