CONDITIONS OF SALE
INTRODUCTION:
The conditions set out below are the terms on which Batemans, as auctioneers, contract with sellers and, as agent acting on behalf of sellers, with buyers. Buyers and sellers should read the conditions carefully, together with the explanation of cataloguing practice. This notice and conditions of sale apply to all sales including sales by private treaty. These conditions supercede all previous terms and conditions issued by Batemans.
FULL CONDITIONS OF SALE CONCERNING BUYERS
1. The Auctioneer as Agent.
As auctioneers, we act as agent for the seller. Unless otherwise agreed, sales of goods at our auctions result in contracts made by the seller, through our agency, with the buyer. As such, we are not responsible for any default by the seller or the buyer.
2. The Buyer.
(a) Bidding is by paddle number only. Prospective bidders must complete and sign a registration form, absentee bid form or telephone bid form and provide identification if required before making a bid at auction. Any person who, nonetheless, makes a bid at a sale will be deemed to have accepted and agreed these Conditions, and the terms of any Notices and other conditions in the catalogue, whether or not they have delivered a completed Registration form, Absentee bid form or Telephone bid form.
(b) Items sold at auction are generally of some age. Accordingly, lots are sold on an 'as is' basis, subject to all faults, imperfections and errors of description. Prospective buyers are strongly advised to examine personally any goods in which they are interested, before the auction takes place. We provide no guarantee to the buyer other than in relation to forgeries, as explained in clause 12 of these conditions of sale. Many items are of an age or nature which precludes them being in perfect condition. The catalogue description is for guidance only and does not imply an item is free from defects nor does a reference to a specific defect imply the absence of others.
(c) Bidding as Principal; When making a bid, prospective buyers will be accepting personal liability, unless it has been agreed in writing, at the time of registration, that a bidder is acting as agent on behalf of a third party acceptable to us. Buyer's details cannot be changed once the invoice is printed at the end of the sale.
(d) The buyer shall be the highest bidder acceptable to the Auctioneers and the Auctioneers shall have absolute discretion to settle any dispute.
(e) Batemans reserve the right at their absolute discretion to refuse admission to their premises or attendance at their sales, without giving any reason therefore.
3. Catalogue Descriptions.
(a) While every care has been taken by Batemans in the preparation of our catalogue, any statement as to authorship, attribution, origin, date, age, size, medium, weight, provenance, condition or estimated selling price is a statement of opinion of the seller or of Batemans and is not to be taken as a statement or representation of fact.
(b) Catalogue illustrations are for guidance only, and should not be relied on to determine the tone or colour of any item or to reveal imperfections. Descriptions as to the condition of any lot, whether in the catalogue, written condition report or given orally are for guidance only and the absence of any reference does not imply that a lot is free from defects. Many items are of an age or nature which precludes them being in perfect condition. The catalogue description is for guidance only and does not imply an item is free from defects nor does a reference to a specific defect imply the absence of others.
(c) Buyers are responsible for satisfying themselves concerning each and every aspect of the lot, including the condition, authorship, attribution, provenance, authenticity, age, suitability and origin, and matters referred to in the catalogue description prior to bidding at the auction.
(d) Explanation of Catalogue Terms: The following terms used in the Catalogue have the following meanings but are subject to the general provisions relating to descriptions of lots contained in the Conditions of Sale:
(i) "Jacopo Bassano": in our opinion a work by the artist. When the artist's forename is not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist named.
(ii) "Attributed to Jacopo Bassano": in our opinion probably a work by the artist but less certainty as to authorship is expressed than in the preceding category.
(iii) "Studio of Jacopo Bassano": in our opinion a work by an unknown hand in a studio of the artist, which may or may not have been executed under the artist's direction.
(iv) "Circle of Jacopo Bassano": in our opinion a work by a hand closely associated with a named artist but not necessarily his pupil.
(v) "Follower of Jacopo Bassano": in our opinion a work by a painter working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
(vi) "Manner of Jacopo Bassano": in our opinion a work in the style of the artist and of a later date.
(vii) "After Jacopo Bassano": in our opinion a copy of a known work of the artist.
(viii) "Signed and/or dated and/or inscribed": in our opinion the signature and/or date and/or inscription are from the hand of the artist.
(ix) "Bears a signature and/or date and/or inscription": in our opinion the signature and/or date and/or inscription have been added by another hand.
4. Buyer's Premium and Other Charges Payable by the Buyer.
(a) In addition to the hammer price, a buyer's premium of 15% (together with any VAT chargeable thereon) is payable by the buyer, subject to a minimum commission of £5 plus VAT per lot.
(b) Live Internet Bidding: additional buyer's premium for lots purchased via www.the-saleroom.com.
All lots purchased online (live bidding) via www.the-saleroom.com will attract an additional charge for this service (over and above the above stated 15% buyer's premium) in the sum of 5% plus VAT of the hammer price. Internet bidders will therefore be charged a total buyer's premium of 20% (together with any VAT chargeable thereon). In completing the bidder registration on www.the-saleroom.com and providing payment card details and unless alternative arrangements are agreed with Batemans the prospective bidder:
(i) authorises Batemans, if they so wish, to charge the payment card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com and
(ii) confirms that they are authorised to provide these payment card details to Batemans through this site and agree that Batemans is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
(c) The Artist's Resale Right regulations 2006 - Droit de Suite: Fully implemented as of 1st January 2012.
It is our policy to charge the buyer an additional premium to cover our expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. Please note that from 1 January 2012, the Artist's Resale Right will be fully implemented in the UK. The full implementation will mean that a resale royalty will be due for works by deceased artists who are still in copyright.
(i) Some works sold by Batemans will be subject to Droit de Suite (Resale Royalty). This is a royalty payable to a qualifying artist each time a work is re-sold during the artist's lifetime or to the artist's estate or beneficiaries if sold within 70 years of the artist's death. It only applies to work by artists who are nationals of certain countries including the Russian Federation, and EU and EEA members (but not Ukraine) (a full list can be found on the DACS website www.dacs.org.uk )
(ii) Buyers will be charged an amount equal to this resale royalty where it applies. For eligible lots which sell for a hammer price (together with buyer's premium but excluding any VAT) of 1,000 Euros or greater, the additional premium will be payable to us by the buyer to cover our expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. The additional premium will be a percentage of the amount of the hammer price (plus buyer's premium) calculated in accordance with the table below, and shall not exceed 12,500 Euros.
(iii) These resale royalties are not subject to VAT and do not apply when the hammer price is less than 1,000 Euros. Invoices are normally issued in Pounds Sterling, with the resale royalty calculated on the basis of the European Central Bank reference rate on the date of the sale.
(iv) Droit de Suite Scale - Charge Portion of the Hammer Price (in Euros)
4% Up to 50,000
3% 50,000.01 - 200,000
1% 200,000.01 - 350,000
0.5% 350,000.01 - 500,000
0.25% Exceeding 500,000
To a maximum of €12,500
5. Value Added Tax.
(a) Value Added Tax is always payable on the premium. It may also be payable on the hammer price, if the lot has been marked with a sign to that effect in the catalogue. VAT is charged at the rate applicable on the day of sale. VAT is charged at 20% as of 1st January 2011 unless otherwise stated. All lots sold are subject to the Auctioneers VAT Margin scheme. Revenue regulations require that the buyer's premium must be invoiced at a rate that is inclusive of VAT. The VAT is not recoverable by any business buyer.
(b) Buyers from outside the EU will be entitled to a refund of the VAT on providing Batemans with satisfactory proof of export from the European Union.
6. Absentee Bidding.
(a) Commission (Absentee) Bids. If a prospective buyer gives us instructions to bid on his/her behalf, by using the form available at reception we shall use reasonable efforts to do so, provided these instructions are received not later than 12 hours before the sale.
(i) In order for us to accept an absentee bid(s) or telephone bids we will require details of a valid credit or debit card, including the issue number (if applicable), start and end dates and the last three digits of the security number on the reverse. Without these details we may not accept the bid. Prospective bidders can either email us by return (and may use more than one email for security) or call the saleroom office.
(ii) If bids are successful buyers accept that Batemans will charge this card for the total amount due within five working days of the sale. To pay by another card or alternate method of payment the buyer must contact the office as soon as possible after the sale (and within five days) to advise us. Please note that Batemans does not accept payment by cheque.
(iii) You must also contact us within five days of the sale to let us know whether you would like your purchases posted. Batemans can package and post most items weighing under 5kg. We charge a minimum of £10 plus VAT per item for packaging plus the cost of the postage. For larger items, such as furniture, we would ask that you contact a courier, several of which we can recommend. A separate charge for postage will be debited from this card if applicable.
(iv) Card details will be kept secure, in compliance with the Data Protection Act 1998, and will not be kept for any longer than is necessary.
(b) If we receive commission bids on a particular lot for identical amounts, and at auction these are the highest bids for the lot, it will be sold to the person whose bid was received first. Since this service is undertaken as a free service to prospective buyers on the terms stated, we cannot accept liability for failure to make a commission bid. Prospective buyers should therefore always attend personally if they wish to be certain of bidding. Failure to sign the bid form may result in the bids not being processed.
(c) All bids made by Batemans on behalf of the prospective buyer will be made at the lowest level possible subject to reserves and other bids made for the lot. Where appropriate the bids will be rounded down to the nearest amount consistent with the auctioneer's bidding increments.
(d) Batemans accept no responsibility to anyone in connection with the commissioning by intending buyers of any of their employees to bid for lots on behalf of such intending buyers.
(e) Telephone Bids. If prospective buyers for a lot make arrangements with us not less than two clear days before the sale, we shall use reasonable efforts to contact the bidders to enable them to participate in the bidding by telephone as the sale takes place, but in no circumstances will we be liable to either the seller or any prospective buyer as the result of failure to do so. Batemans recommend that a covering absentee bid is also left in case of communication difficulties.
(f) By Post: Absentee bidder forms can be posted to Batemans on the forms provided and must be signed by the bidder. These will be subject to the same conditions as Absentee bids (Section 6a - 6d).
7. Conduct of the Sale:
(a) The auctioneer has the right to advance the bidding at his absolute discretion and reject any bid, divide any lot, combine any two or more lots, withdraw any lots from the sale, vary the order in which lots are offered for sale and, in the case of error or dispute, put a lot up for bidding again, without in any case giving previous notice or any reason therefore.
(b) Subject to the auctioneer's discretion, the fall of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer.
8. Payment.
(a) Upon sale of the lot the buyer shall pay the total amount due (comprising the hammer price, the buyer's premium, any applicable value added tax and any other applicable charges) to Batemans within FIVE working days following the conclusion of the sale.
(b) Upon making such payment, and said payment having cleared, the buyer shall remove the lot purchased from Batemans premises at his/her own expense within FIVE working days after the sale.
(c) No lot purchased shall be removed while the sale is in progress unless at Batemans express discretion. Batemans requests that purchasers wait until the end of the sale to collect items. Purchases will only be released when payments have cleared. Unless we specifically agree to the contrary, Batemans shall retain items sold until all amounts due to us have been paid in full.
(d) If so required by Batemans, the buyer shall give his /her name and permanent address together with his/her bank or other suitable references, and any other proof of identity as Batemans may at their absolute discretion require.
(e) The buyer may be required to pay down forthwith the whole or in any part of the total price, and if he/she fails to do so any lot or lots bought by him/her may, at the auctioneer's absolute discretion, be offered again for resale at any time before the conclusion of the auction.
(f) All payments by bank transfer must be made in pounds sterling.
(g) Payments by credit card will be subject to a 2.65% plus VAT surcharge of the total amount payable. There is no surcharge for Switch and UK debit card payments. Non UK debit cards are subject to a 2.65% plus VAT surcharge. Batemans does not accept payment by sterling cheques, American Express or Diners Club card payments. Credit and debit card payments can be cleared immediately subject to confirmation with the card issuer.
9. Responsibility for Purchased Lots.
(a) At the fall of the hammer, risk in the lot sold shall pass to the buyer, and none to the seller, Batemans, their servants or agents.
(b) At the fall of the hammer the buyer shall be responsible for any loss, omission or damage whether caused by negligence or otherwise.
(c) Ownership in the lot shall not pass to the buyer unless and until payment of the total amount owed has been received by Batemans. A cheque given by the buyer in payment shall not be treated as a receipt until the same has been cleared.
(d) Any packing and handling of purchased lots by the Auctioneers staff is undertaken solely as a service to buyers and will only be undertaken at the buyer's sole risk. The Auctioneers shall not be liable in any event for damage to glass, mirrors or frames, irrespective of cause.
(e) Buyers are advised to obtain insurance in respect of a lot, and to arrange for collection, as soon as possible after the sale.
10. Remedies for Non-payment or Failure to Collect Purchases.
(a) All purchases must be paid for and collected within FIVE working days of the sale. Purchases will be available to collect from the saleroom until the Friday following the sale, after which they will be removed to our storage facility and subject to the storage charges as set out below (see clause 10d).
(b) If no payment is received within five days, the lot shall be re-entered on behalf of the buyer into the next suitable sale and shall be sold with no reserve. If this results in a lower price being obtained, Batemans shall claim the balance from the buyer together with any costs incurred in connection to the buyer's failure to make payment (as set out in section: (c) (iii) below.)
(c) If no payment is received within five days, Batemans as agents for the seller shall also be entitled at its absolute discretion and without prejudice to any other rights or remedies:
(i) to proceed against the buyer for damages for breach of contract;
(ii) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;
(iii) without notice to the defaulting buyer at any time to resell the lot or cause it to be resold by public auction or private sale and, if this results in a lower price being obtained, claim the balance from the Buyer together with any costs incurred in connection with the buyer's failure to make payment;
(iv) to remove, store and insure the lot at the expense of the defaulting buyer;
(v) to charge interest at the rate of 2% above the Bank of England Base Rate per month on the total amount due to the extent it remains unpaid for more than five working days after the conclusion of the sale. Such interest will run as well as after as before judgement becoming due and payable forthwith upon demand;
(vi) to retain that or any other lot sold to the same buyer at the same or any other auction and release it only after the payment of the total amount due;
(vii) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtain a deposit before accepting any bids in future;
(viii) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in Batemans possession for any purpose.
(d) Storage Charges:
(i) Any items not collected by the Friday (FIVE working days) following the sale, whether or not payment has been made, will be subject to a storage charge at the buyer's expense of £2 per lot per day for small items and £10 per lot per day for larger items and furniture until collected by the buyer (up to a MAXIMUM of 25 days storage.) Batemans will only release the items purchased after payment has been made in full of storage, removal, insurance and any other costs incurred, together with all other amounts due to us.
(ii) Batemans will store purchases (whether paid for or not) for a MAXIMUM of 25 days following the conclusion of a sale. If the items remain uncollected at this time, the lot(s) shall be re-entered on behalf of the buyer into the next suitable sale and shall be sold with no reserve. If this results in a lower price being obtained, Batemans shall claim the balance from the buyer together with any costs incurred in connection to the buyer's failure to make payment (as set out in section: (c) (iii) above.)
11. Representations and Statements.
We have an obligation to refund the buyer in the circumstances set out in clause 12. However, neither the seller nor we, nor any of our employees or agents, are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any lot, nor for any other errors of description or for any faults in any lot. These are statements of opinion only and not fact. Batemans are not liable for any omissions in the catalogue. Any warranty of any kind whatsoever is excluded by this clause. All lots are sold with all faults and imperfections and errors of description. Buyers should satisfy themselves as to the condition of any lot before bidding for it.
12. Refund in the Case of Forgeries.
A sale will be cancelled and the amount paid refunded to the buyer if a lot sold by us proves to have been a forgery. We shall not however be obliged to refund any amounts if either (a) the catalogue description at the auction date corresponded to the generally accepted opinion of scholars or experts at that time, or fairly indicated that there was a conflict of opinions; or (b) it can be demonstrated that the lot is a Forgery only by means of either a scientific process not generally accepted for use until after the publication of the catalogue or a process which at the date of the auction was unreasonably expensive or impracticable or likely to have caused damage to the lot.
Furthermore, the Buyer should note that this refund can only be obtained if the following conditions are met;
(a) within one month of the sale of the lot the buyer gives notice to Batemans in writing that the lot purchased by him/her through Batemans is a forgery (as herein defined);
(b) the buyer returns the lot to Batemans in the same condition as it was at the time of the auction accompanied by written proof of forgery, the number of the lot, and the date of the auction at which it was purchased; and
(c) the buyer proves to Batemans' reasonable satisfaction that the lot is a forgery and that he/she is able to transfer a good title thereto free from any liens, charges or encumbrances; and
(d) the buyer demonstrates to Batemans' reasonable satisfaction that the lot alleged by him to be a forgery is the lot actually purchased by him/her through Batemans.
In no circumstances shall we be required to pay the buyer any more than the amount paid by him/her for the lot concerned and the buyer shall have no claim for interest. The benefit of this condition is not capable of being transferred, and is solely for the benefit of the person to whom the original invoice was made out by us in respect of the lot when sold and who, since the sale, has remained owner of the lot without disposing of any interest in it to any third party. Batemans shall be entitled to rely on any scientific or other process to establish that the lot is not a Forgery, whether or not such a process was used or in use at the date of the auction. This condition does not apply to coins, medals or jewellery.
13. Estimates.
Batemans makes no representations or warranties as to the anticipated selling price of any item or property. No estimates anywhere made by Batemans, its servants or agents, whether in writing or orally, may be relied upon as a prediction of the actual selling price. Estimates in catalogues, receipts and elsewhere are subject to revision by Batemans from time to time in the exercise of its sole discretion.
14. Refunds.
Batemans agree to refund the hammer price and the buyer's premium to the buyer on the buyer claiming that the seller did not have the right to sell subject to the following conditions;
the buyer was acting in good faith; and
(a) Batemans' insurers agree to the payment under the terms of Batemans' insurance; and
(b) The buyer makes claim in writing against Batemans within 1 year of the sale and either;
(i) Batemans has been prevented from giving possession of the lot to the buyer or the buyer has given up possession of the lot in either case by virtue of a Court Order (including Interlocutory Order) of a court of England and Wales made at the instance of any third party claiming to be the true owner; or
(ii) the buyer has given up possession of the lot to the police in connection with any investigation into the theft of the lot; and
(iii) if Batemans refund the hammer price under this clause then should it transpire the buyer obtained title at auction, title vests in Batemans.
Any claim by a buyer against Batemans whether under any of these conditions or otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot and shall not extend to any consequential or other loss or damage or expense suffered by the buyer.
15. Firearms.
The buyer of a firearm is responsible for obtaining a valid firearm certificate, shotgun certificate or certificate of registration as a firearms dealer and for conforming with regulations in force at the time in Great Britain relating to firearms.
16. Electrical and Mechanical Goods.
Lots which were originally operated by mains electricity may not comply with the current statutory requirements and as such are offered for sale solely for display or historical purposes. Buyers should not assume that they are suitable for connection to the mains supply. The buyer acknowledges that Batemans has not tested electrical or mechanical goods and that the buyer is solely responsible for ensuring that such goods are tested by a qualified electrician before using them.
17. Export / Trade Restrictions.
It is the buyer's responsibility to ensure that they comply with all export regulations relating to purchases. We set out general information below (current as at June 2004). Please note that this is a guide only and specific advice should be sought as appropriate.
(a) Endangered / Protected species: The Washington Convention on International Trade in Endangered Species (known as CITES) applies certain restrictions on the import and export of items made of or incorporating endangered or protected animal parts. The Global Wildlife Division of the Department of the Environment, Food and Rural Affairs (DEFRA) is the authority responsible for ensuring that CITES is properly implemented in the UK.
An export license will be required for the export of items made of or incorporating endangered or protected animal parts such as ivory, whale bone, bird feathers, crocodile, tortoiseshell, coral, animal skin or fur. Unlike the regulations relating to the export of other cultural goods (see below), there are no value thresholds relating to these items. A licence is required irrespective of age or value. Please note that the ability to obtain an export licence does not necessarily ensure that you will be permitted to import the items into another country and vise versa.
(b) Other items requiring export licence: In addition to specific rules relating to endangered or protected species, export licenses are required in relation to items manufactured or produced more than 50 years before the date of export outside the UK and/or the European Union. There are export controls which apply on both a UK and a European level. Generally a licence is required in respect of those items which are worth beyond a certain monetary value. The value threshold varies depending on the nature of the specific items and on the destination to which it is intended to export the items. Either a UK or European licence will be required as follows:
(i) A UK license will be required to export any items from the UK to another member state of the European Union valued at or above the relevant UK license limit (as specified in the column A in the table below).
(ii) A UK license will be required to export outside the European Union any items valued at or above the relevant UK license limit (as specified in the column A in the table below) but below the European Union licence limit (as specified in column B of the table below).
(iii) A European Union licence will be required to export outside the European Union any items valued at or above the European Union licence limit (as specified in column B of the table below).
Both the European Union and the UK licences are issued by the Department for Culture, Media and Sport and application forms can be obtained from its Export Licensing unit. The table below shows the type of licence and the values at or above which and export licence is required in relation to a selection of some of the categories of items to which the licence requirements apply.
Column A: Within EEC Column B: Outside Europe
Description of item of more than 50 years old Value at or above which a UK licence will be required Value at or above which an EU Licence will be required
Paintings in oil or tempera (other than of British Historic Persons) £119,000 £91,000
Paintings in watercolour, gouache, pastel or other media ( other than of British Historic Persons) £39,600 £18,000
Portraits or likenesses of British Historic Persons £6,000 £6,000
Prints, Drawings and Engravings £39,600 £9,100
Photographs, films and negatives £6,000 £6,000
Sculptures £39,600 £30,400
Books (I) 50 - 100 years old (ii) More than 100 years old (I)£39600, (ii)£39600 (I) £39600, (ii)£30400
Clocks and Watches £39,600 £30,400
Firearms (I) 50 - 100 years old (ii) more than 100 years old (I)£39600 (ii)20000 (I) £30400 (ii)£20000
Please note that 'A British Historic Person' is a person listed in the Directory of National Biography, Who's Who or Who was Who.
A Department of Trade and Industry export license may be required for firearms regardless of value. Please seek specific guidance.
18: Data Protection.
For the purposes of the Data Protection Act 1998 the data controller is Batemans Auctioneers & Valuers Ltd of The Saleroom, Ryhall Road Stamford, Lincolnshire, PE9 1XF. Batemans will not disclose clients' personal data to any third party outside our group for the purposes of direct marketing.
19. Severability.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part may be discounted and the rest of the conditions shall continue to be valid and enforceable.
20. Law and Jurisdiction.
These Conditions of Sale are subject to English Law, which shall apply to their construction as well as to their effect. For our benefit, the buyer and the seller submit to the exclusive jurisdiction of the English courts.
