Conditions of Sale
1. Brown & Turner act as agents only and disclaim any responsibility for default by sellers or buyers.
2. Whilst every effort has been made to ensure the accuracy of this catalogue and the description of any lot:-
(a) Each lot is sold with all faults, imperfections and errors of description.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, date, period, condition or quality of any lot.
(c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Auctioneers, unless they have been instructed by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(d) Any claim under any Statute must be received in writing by the Auctioneers within seven days of the Sale.
3. (a) The auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lots or lots from the sale, to refuse bids, regulate bidding or cancel the sale without any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to a reserve or at the auctioneer's discretion.
(b) The highest bidder shall be the buyer. The auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.
(c) Each lot is put up for sale subject to any reserve price placed by the vendor.
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
4. The seller acknowledges that all lots are sold subject to the stipulations of the General Conditions of Sale in their entirety and in the Terms of Consignment as notified to the consignor at time of entry.
5. The buyer shall pay the hammer price together with a premium of 18% of the hammer price (the premium attracts VAT at the standard rate) and is payable by all purchasers. The vendor authorises the Auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledge the Auctioneers' right to retain the premium payable by the purchasers.
6. Certain items incur a Droit de Suite charge (which will be indicated in catalogues with the * symbol with explanation clearly stated). Under Droite de Suite or Artist's Re-sale Rights legislation, auctioneers and art market professionals are required to collect royalty payments for all works of art by living artists and artists deceased within the previous 70 years, sold above the hammer price of 1000 euros, which is approximately £750. The royalty of 4% of the hammer price is charged to the Buyer, in addition to the Buyer's Premium and is not subject to VAT. All royalty charges are paid to the Design and Artists Copyrights Society (DACS) and no handling costs or additional fees are retained. Please check with the Auctioneer if you are unsure whether this royalty is payable on any Lot that you are considering bidding for. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale.
7. The buyer must, pay for and remove all goods within 7 days of the sale date, otherwise storage charges will be levied.
8. Notwithstanding any other terms of these conditions, if within seven days after the sale the Auctioneers have received from the buyer of any lot, notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the buyer returns the same to the Auctioneers in the same condition as at the time of sale by producing evidence, the burden of proof to be upon the buyer, satisfies the Auctioneers that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration. Both the buyer and the vendor agree to be bound by the decision.
9. Brown & Turner disclaim responsibility for default by either the buyer or the vendor because they act as auctioneers and reserve the right to withhold payment to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith and at least one hour before the sale commences. It is the responsibility of all persons leaving such bids to ascertain immediately after the conclusion of the sale, whether they have been successful.
10. Every person on the Sale Premises at any time shall be deemed to be there at their own risk. They shall have no claim against Brown & Turner in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of Brown & Turner employees.
11. Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of the lot including but not restricted to whether the lot is damaged or has been repaired.
12. Brown & Turner have the right to refuse admission to their premises or attendance at the auctions by any person.
13. Vendors and buyers give Brown & Turner the right to photograph and illustrate any lot placed with them for sale and to use such photographs and illustrations at any time whether or not in connection with the auction.
14. Scottish Law applies to the interpretation of all these Conditions of Sale.
ONLINE BIDDING
Brown & Turner Ltd offers an online bidding service via Invaluable.com for bidders who cannot attend the sale.
completing the bidder registration on Invaluable.com and providing your credit card details and unless alternative arrangements are agreed with Brown & Turner Ltd:
Authorise Brown & Turner Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
Confirm that you are authorised to provide these credit card details to Brown & Turner Ltd through Invaluable and agree that Brown & Turner Ltd are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via Invaluable live auction service will be subject to an additional 5% commission charge + VAT at the rate imposed on the hammer price.
