CONDITIONS OF BUSINESS (March 2008)
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 but neither we, nor our auctioneers, nor our staff can be held responsible for any errors made.
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 and should not be relied on as a statement of the price at which the item will sell or its value for any other purpose. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyers 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 at 17.5% on the hammer price of each lot purchased. In addition, VAT is added to this premium (see below).
5. VAT. (*) indicates that VAT is payable by the buyer at the standard rate (presently 15%) 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 15% on importation into the UK. The double 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. 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 mis-described because they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
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 bid by telephone or online. Before the sale commences, prospective bidders are required to complete and sign a registration form including their name and permanent address, in order to obtain a numbered bidding paddle. New clients, or those who have not made a purchase at our saleroom within the last two years, will be asked to supply bank details or another financial reference and two forms of identification in order to register. To avoid any delay in the release of purchases, buyers should pre-arrange cheque or credit approval from their bank. Lots purchased will be invoiced to the name and address on the registration form, unless otherwise indicated before the sale. 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.
10. Commission Bidding.
Commission bids may be left with the auctioneers no less than an 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, via our Online Auction Provider or via the 'My Lots & Bids' feature of our website's 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.
11. Telephone Bidding.
The auctioneers may, at their discretion, undertake to bid on behalf of a prospective buyer over the telephone. Telephone bids cannot be accepted for lots estimated below 200 and this service must be booked at least 24 hours before the start of 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.
Successful bidders will be asked by the saleroom staff bidding on their behalf to confirm the day, time and method of collection and payment, together with credit card details where applicable.
12. Online Bidding New clients, or those who have not made a purchase at our saleroom within the last two years may be required to submit identification details and credit/debit card details when they register to bid online. If requested, these details will be processed through PROTX (an approved payment solutions provider for Lloyds TSB Cardnet), and a nominal charge will be taken from the card to verify the ownership of the card. This will be refunded upon successful purchase during the auction. The card will also be used to pay all charges accrued by the buyer at the auction unless they contact us and arrange alternative payment method directly after the auction. Registration through this service must be made no later than 24 hours before a sale. Bidders will be approved and activated for live online bidding at our discretion. We reserve the right to charge for the storage of any lots not collected directly after the sale.
NB: It is important to contact us directly after the sale to arrange payment for lots won - We reserve the right to use the secure Credit Card information supplied as part of this registration to collect payment for goods purchased if necessary.
13. Methods of Payment. Prospective buyers may be requested to supply bank references before the auction. Cheques are not acceptable tender, unless agreed in advance. Bank drafts should be made payable to Simon Chorley Art & Antiques Ltd. Account details for bank transfers can be provided upon request. As a general rule, any payment, tendered, other than cash withing the legal limits acceptable, will need to be cleared before removal of the goods is permitted. Payment by credit card (Visa/Mastercard) will be subject to a surcharge of 3% administrative fee, however there is no surcharge for the use of debit cards. We will not accept payments for purchased lots from any party other than the buyer, unless otherwise agreed between the buyer and this firm prior to the sale.
14. Collection and Storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges. We would like to We bring to your attention that the buyer must arrange immediate payment upon notification of a successful bid and arrange directly after the sale, collection of goods by 5:30pm the day following the auction, unless otherwise advised. We can recommend, without liability, appropriate courier / carrier firms for collection of goods; however both the insuring and carriage charge is entirely the responsibility of the buyer. Upon request, we will also pack goods to the best of our ability for collection; we charge in every case GBP20.00 plus VAT per lot for this service.
CONDITIONS OF SALE
Simon Chorley Art and Antiques Ltd 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 Simon Chorley Art and Antiques Ltd 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 create or 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 Simon Chorley Art and Antiques Ltd
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 PROCEDURES 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 reoffering 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) Once made, no bid may be withdrawn.
(2) 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 auctioneer's sole discretion.
4. THE PURCHASE PRICE. The buyer shall pay the hammer price together with a premium thereon of 17.5% plus VAT on the premium at the rate imposed by law.
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. Artists Resale Rights (Droit de Suite)
All lots in the catalogue marked with a symbol are affected by this right, a royalty charge that we are required to collect from the buyer for all works of art that have been produced by the living artists and remit to the artists collecting agent. This charge is only applicable on lots that achieve a hammer price of the UK sterling equivalent of 1,000 Euro or more and the amount cannot be more than 12,500 Euro. The Euro rate of exchange applied will be the European Central bank rate on the day of the sale.
For any addition al information regarding Droit de Suite regulations, please telephone DACS (the Design and Artists Copyright Society) on 0044 (0) 845 410 3410 or see www.dacs.org.uk .
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 PURCHASES.
(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 . in respect of such lots and all other sums owed to Simon Chorley Art & Antiques Ltd, though risk shall pass to .
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later 5:30pm on the day following the sale or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges.
(3) No purchase can be claimed or removed until it has been paid for and all other debts and obligations to Simon Chorley Art & Antiques Limited have been settled.
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 2 working days after the sale unless otherwise advised;
(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 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.
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. DESCRIPTIONS 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 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 applied to 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 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) if 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.
