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Terms and conditions

Terms & Conditions

This is the terms and Conditions of Sale Hall Ltd

1.          Interpretation

1.1         Definitions. In these Conditions, the following definitions apply:

the Auctioneer: the representative of Sale Hall Ltd. conducting the auction.
Bidding Form: the Auctioneer’s bidding form which must be completed by the Buyer.

the Buyer: means the bidder (including a commission bidder agreed in writing with the Auctioneer in accordance with these Conditions) whom the Auctioneer  has accepted by the fall of the Auctioneer’s hammer.

the Catalogue: means any advertisement, brochure, price list or other publication relating to the auction published by or on behalf of the Auctioneer.

Commission and commission: the commission payable by the Buyer on the purchase of the Lot (‘Buyer Commission’), and the Seller on the Sale of the Lot (‘Seller Commission’) in accordance with these Conditions.

Conditions: these terms and conditions as amended from time to time in accordance with condition 2.8.

Dangerous Substances:  any natural or artificial substance capable of causing harm to any living organism supported by the environment, or damaging the environmental or public health or welfare.

Description: any statement or representation in any way descriptive of the Lot, including any statement or representation relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value, estimated selling price.

Entry Form: the Auctioneer’s entry form in relation to the Lot which must be completed by the Seller.

Environmental Law: all laws, regulations, codes or practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances;
Estimate: any statement of the Auctioneer’s opinion of the range within which the hammer is likely to fall.

Expenses: means the Auctioneer’s charges for illustrations, special advertising, insurance, import packing and freight and any other expenses.
Hammer Price: means the price at which a Lot is knocked down by the Auctioneer to the Buyer.

indemnity: an obligation to put the person who has the benefit of the indemnity in the same position in which he would have been, had the circumstances giving rise to the indemnity not arisen and the expression “indemnify” is construed accordingly.

knocked down: when a Lot is sold to a Buyer, indicated by the fall of the hammer at the Sale.

Lien: a right for the person who has possession of the Lot to retain possession over it.

Lot: means any item or items of any kind accepted by the Auctioneer with a view to its or their sale by auction.

Purchase Price: means the Hammer Price in pounds sterling together with any premium inclusive additional charges and expenses due from a defaulting Buyer under these Conditions.
Privacy Policy: Sale Hall Ltd’s privacy policy.

Reserve: means the minimum Hammer Price set by the Seller at which a Lot may be sold and otherwise subject to these Conditions.
risk: the possibility that a Lot may be lost, damaged, destroyed, stole, or deteriorate in condition or value.

Sale: the auction sale at which a Lot is to be offered for sale by the Auctioneer.

Sale Proceeds: means the net amount due to the Seller, being the Hammer Price less commission, at the Stated Rates and Expenses and any other amounts due to the Auctioneer by the Seller.
Seller: means the Seller or prospective Seller of any Lot.
Special Goods: means boats, motor vehicles, fire arms and mechanical and electrical goods.
Stated Rates: means the Auctioneer’s published rates of commission for the time being and VAT.
Storage Charges: means charges imposed by the Auctioneer in respect of the removal, storage and transportation of any Lot.

title: the legal and equitable right to the ownership of a Lot.

VAT: means Value Added Tax.

Sale Hall Ltd: means Sale Hall Limited, a limited company with company number SC420320 having its registered office at 117 Irish Street, Dumfries, DG1 2NP.

1.2     Construction. In these Conditions, the following rules apply:

(a)  a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

(b) a reference to a party includes its personal representatives, successors or permitted assigns;

(c)  a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;

(e)  a reference to writing or written includes faxes and e-mails; and

(f)  the headings and divisions into for example, General Conditions, Seller’s Conditions and Buyer’s Conditions in these Conditions are for convenience only and shall not affect their interpretation.

2.      General

2.1     Auctioneer acts as agent for Seller

(a)  The Auctioneer acts as agent for the Seller (expect where it is expressly stated to be selling as principal) and is not responsible for any default by the Seller or the Buyer.

(b) The Sellers authorise the Auctioneer to sell the Lots which have been deposited with them for that purpose.

(c)  The Buyer acknowledges that any liability arising under these terms are the liability of the Seller and not that of the Auctioneer.

(d) The Buyer is strongly advised to examine the Lot and/or obtain an independent examination of the Lot before placing a bid.

2.2     Auctioneer’s right to refuse admission and conduct of Sale etc

(a)  The Auctioneer has the right to refuse admission to its premises or attendance to its auction by any person.

(b) All persons are only admitted to the Auctioneer premises to attend an auction on the basis that they have notice of these Conditions.

(c)  The Auctioneer has the right to divide any Lot or combine two or more Lots, refuse any bid, refuse and/or withdraw any Lot from auction or (in the case of dispute and without prejudice to its other remedies) put any Lot up for auction again (see Condition 4, especially Conditions 4.1 and 4.3).

(d) The Auctioneer has the right to catalogue goods as they see fit and to determine in which Sale these shall be included.

(e)  The Auctioneer shall have the right to advance the bidding as he may decide.

(f)  Every person at an auction conducted by the Auctioneer on Sale Hall Ltd’s premises or otherwise shall be deemed to be there at their own risk. The Auctioneer shall be under no liability for any damage or loss sustained by any person while on the Auctioneer premises or while attending auctions conducted by the Auctioneer except for death or personal injury caused by the negligence of the Auctioneer, its employees and agents.

(g) The Auctioneer shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on the Auctioneer premises or on other premises from which the Auctioneer  is conducting auctions.

2.3     Application of these Conditions

(a)  In the event of a Sale after the auction of any Lot by private treaty the Seller and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.

(b) The Conditions shall be the only terms applicable to the Sale of any Lot at an auction conducted by the Auctioneer.

2.4     Notices

Any notice by The Auctioneer  to a Seller, prospective Seller, consignor, prospective bidder or Buyer may be delivered by hand, sent by first class mail or air mail, email or facsimile to the address last notified to the Auctioneer  and shall be deemed to be received:

(a)  if hand delivered, at the time of delivery;

(b) if sent by facsimile within 8 hours of transmission during business hours;

(c)  if sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK;

(d) if sent by email, within 48 hours of sending.

2.5     Scots Law

These Conditions are subject to Scots 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 Scottish courts.

2.6     Data Protection:

(a)  Where the Auctioneer obtains any personal information about the Buyer and/or the Seller, the Auctioneer shall only use it in accordance with the terms of Sale Hall Ltd.’s Privacy Policy (subject to any additional consent(s) that may have given at the time the personal information was disclosed).

(b) A copy of Sale Hall Ltd.’s Privacy Policy can be found on Sale Hall Ltd.’s  Website, or requested by post from the Auctioneer, 117 Irish Street, Dumfries, DG1 2NP.

2.7     Registration

(a)  All prospective Sellers and Buyers must register their relevant contact details (full name, address, email address, telephone number and VAT status if relevant) with the Auctioneer in good time prior to the Sale of the Lot.

(b) Buyers and Sellers may be asked for proof of identity, residence and references. If asked, please bring passport, driving licence (or other similar photographic proof of identity) and proof of address.

2.8     Variation of Conditions

From time to time (and at any time), the Auctioneer may make changes to these Conditions.

2.9     Waiver

(a)  Any failure or delay in enforcing or exercising any power or right under these Conditions will not operate or be deemed to operate as a waiver of any rights of the Auctioneer (unless any express waiver is given in writing).

(b) Any such waiver will not affect the Auctioneers’ ability to subsequently enforce any right arising under these Conditions.

2.10   Severance

If any Condition or part of these Conditions is held to be unenforceable or invalid, such unenforceability will not affect the enforceability and validity of the remaining Condition or the remainder of the relevant Condition.

3.      Catalogue, copyright, descriptions, estimates and opinions

3.1     The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of the Auctioneer and no person may use or copy the same without the prior written consent of the Auctioneer

3.2     The Auctioneer makes every effort to ensure that the Catalogue and description of the Lot are accurate but the Auctioneer makes no warranty to that effect.

3.3     All statements by the Auctioneer, whether made verbally, in the Catalogue or otherwise are statements of opinion only and neither the Auctioneer or its employees or agents will be responsible for the accuracy of any opinion given. Each Lot is sold by the Seller with any and all errors of description, faults and imperfections.

3.4     Anything stated or represented by or on behalf of Sale Hall Ltd in any Description or otherwise in relation to the authorship, attribution, condition, provenances, history, background, authenticity, style, period, age, suitability, quality, road-worthiness, origin, value, or future selling price of any Lot or any Estimate given in relation to it, whether in the Catalogue or otherwise, and whether made orally or in writing, is only an expression of Sale Hall Ltd’s opinion.

3.5     Save that any Description, Estimate, or opinion is honestly given we neither make nor agree to make any contractual promise, undertaking, obligation, guarantee, warranty or representation of fact in relation to any such Description, Estimate or opinion or in relation to the accuracy of anything stated in or represented by any expression of that Description, Estimate or opinion.

3.6     Any statements or representation contained in any Description or any Estimate may be changed by us at any time until the Lot is sold (and will be, if we alter our opinion after it has been given).

3.7     Any Description of the Lot on any Entry Form is for the purposes of identification only and is not to be relied on.

4.      SELLER CONDITIONS

4.1     Auctioneer’s rights to withdraw Lot and/or to refuse to sell

     If the Auctioneers consider (in their sole discretion, such discretion to be exercised reasonably):

(a)  that the Lot is unlikely to sell;

(b) that the Lot is of negligible value;

(c)  that the Auctioneers and/or the Seller is restrained by any court order or other competent authority in respect of the Lot, or may be or are otherwise not legally entitled to sell the Lot;

(d) that the Seller is in breach of any of the undertakings set out in Condition 4.4;

(e)  that the information about the Lot given to the Auctioneer by the Seller or on the Seller’s behalf is inaccurate or misleading in any material respect;

(f)  that the Lot is a forgery;

(g) that the Lot is a Dangerous Substance;

(h) that the Lot does not comply with Condition 4.6,

     the Auctioneers reserve the right to withdraw any Lot from a Sale and/or refuse any Lot(s) and in this event the Seller will remain liable to pay any Expenses on demand.

4.2     No liability for postponement or cancellation of Sale

     The Auctioneers shall not be held responsible for any expenses or loss incurred thereby or for the postponement and/or cancellation of Sales, or for whatever cause listed in Condition 4.1.

4.3     Additional right to refuse to sell

     The Auctioneers, in addition to the right to refuse to sell the Lot in Condition 4.1, may, by notice to the Seller, refuse to sell any Lot for any reason. If this right is exercised after the Lot has been placed in the custody of the Auctioneer, the Auctioneer will refund any monies paid by the Seller to the Auctioneer in relation to the Lot.

4.4     Seller undertakings to Sale Hall Ltd

     The Auctioneers are selling the Lot for the Seller on its behalf as agent and the Seller therefore undertakes to the Auctioneer that:

(a)  the Seller is the owner of the Lot, if the Seller is not the owner of the Lot (whether or not the Seller has notified the Auctioneers that the Seller is acting as an agent for a principal) the Seller is duly authorised by the owner of the Lot to sell it;

(b) save as disclosed to the Auctioneer in writing in advance, the Auctioneer sells the Lot with full title Guarantee from all liens, charges, encumbrances and third party claims;

(c)  the Seller is legally entitled to sell the Lot and is legally capable of conferring on the Buyer quiet possession of the Lot and that in the event the Auctioneers sell the Lot, the Sale will conform in every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2);

(d) the Seller has complied with all requirements, legal or otherwise, relating to any export or import of the Lot, all duties and taxes in respect of the export or import of the Lot have (unless otherwise agreed in writing with us) been paid and, so far as the Seller and any principal for whom the Seller acts in relation to the Lot are aware, all third parties have complied with such requirements in the past;

(e)  the Seller has notified the Auctioneers in writing of any material alterations to the Lot and provided the Auctioneers accurately with all information (including any concerns expressed by third parties relating to the authorship, attribution, condition, provenance, authenticity, age, suitability, quality and origin of the Lot) in relation to the Lot, or any Description of it, of which the Seller is aware or which is in the Sellers possession or of which any principal for whom the Seller acts in relation to the Lot is aware or possesses;

(f)  the Seller has notified us of all information of which the Seller is aware or reasonably ought to be aware relating to the present or past ownerships or use of the Lot (including any association of the Lot with persons or events of note);

(g) in so far as the Seller or any principal may become aware of any information (including any concerns expressed by third parties) in relation to the Lot, or any Description of it, after this agreement has been made, the Seller will promptly inform us of it;

(h) unless the Seller notifies the Auctioneers in writing to the contrary at the time the Lot is delivered to the Auctioneers, there are no restrictions, (whether copyright or otherwise), affecting the Lot or the Auctioneers rights to photograph or illustrate the Lot, or reproduce (in any manner and in any media) photographs or illustrations or any text of any information or Description of, about or relating to the Lot provided by the Seller or on the Seller’s behalf;

(i)  the Seller authorises the Auctioneers to give to the Buyer on the Seller’s behalf, the undertakings referred to at Conditions 4.4 (a) to (i) (inclusive).

4.5     Seller liability for misrepresentation

     The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of the Sellers or Buyers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any Lot for any errors of description made by the Seller themselves or persons in their employment but draw special attention to the Misrepresentation Act which reduces the protection given by the customary “Caveat Emptor” clause in Conditions of Sale which in some circumstances make a Seller liable to a Buyer in respect of disputed catalogue descriptions (even when made in good faith and innocently).

4.6     Compliance with consumer protection legislation

     The Seller agrees to ensure that all Lots comply with consumer protection legislation, including but not limited to the following:

(a)  Low Voltage Electrical Equipment (Safety) Regulations 1989;

(i)  All electrical appliances submitted for Sale must pass current safety tests.

(ii) Any items which are in the discretion of the Auctioneer and/or a qualified electrician unlikely to sell or which should not be sold may be withdrawn from Sale and disposed of.

(iii)     Any costs involved in testing and disposal will be deducted from the Seller’s account.

(iv)     The Auctioneers expressly do not undertake to notify the Seller of such disposals or to return the goods to the Seller.

(b) Furniture and Furnishings (Fire) (Safety) Regulations 1988;

(i)  Upholstered, or partly upholstered furniture, beds and soft furnishings submitted for auction must meet the current safety regulations. (Upholstered or partly upholstered furniture manufactured prior to 1950 is exempt).

(ii) The Auctioneers may remove offending parts and withdraw nonconforming items from Sale and dispose of such items at the Seller’s expense.

(iii)     The Auctioneers expressly do not undertake to notify the Seller of such alterations or disposals or to return the goods to the Seller.

(iv)     Furniture dating from after 1950 may be offered as a work of art on the basis that it will not be used as furniture in a private dwelling/living accommodation.

(c)  General Product Safety Directive 1992;

(i)  All items offered for Sale must be safe for the purposes for which they are designed. (Antiques are exempt).

(ii) Any item judged by the Auctioneers to be unsafe but that may be repairable or suitable for reconditioning will be labelled as such prior to the Sale.

(iii)     Other unsafe goods will be withdrawn from Sale and disposed of at the Seller’s expense. The Auctioneers expressly do not undertake to notify the Seller of such disposals or to return the goods to the Seller.

4.7     Seller indemnities

     The Seller agrees to indemnify the Auctioneers against all claims, proceedings, liabilities, costs, Expenses and losses arising from:

(a)  any actual or alleged breach of any undertaking or obligation by the Seller to the Auctioneers, whether by act or omission or otherwise;

(b) any injury, loss or damage caused to any person by the Seller;

(c)  the Auctioneers exercising any of our rights, powers and/or duties under Conditions 4.1, breach of 4.4 and/or in relation to 4.11(f);

(d) the Auctioneers receiving or recovering (or seeking to recover where the Seller has have authorised the Auctioneers to do so) the Purchase Price, in particular the Auctioneers exercising any of its rights, powers and/or duties under Condition 4.11(f), where our costs and Expenses are not otherwise recouped by us;

(e)  Seller fraud and the Auctioneers exercising any of the rights, remedies or powers in the event of fraud;

(f)  without prejudice to  Condition 4.7(a), any error, mis-description or omission in any Description of the Lot or any Estimate in relation to it, so long as it was not caused by a breach of  the Auctioneers duty to the Seller under this agreement to exercise reasonable skill and care;

(g) any claims in connection with the Lot and/or goods sold on the Sellers instructions.

4.8     Publication of Lot

(a)  The Auctioneers may publish an entry about the Lot in the Catalogue for the Sale. This may be by insert after publication of the Catalogue.

(b) The Lot may also at the Auctioneer’s discretion be published on the Auctioneers website but the Auctioneers are under no obligation to do so.

4.9     No liability for Lots and/or goods left on Auctioneer’s premises

(a)  The Auctioneers disclaim responsibility for all loss or damage to goods or for unauthorised removal of the same unless directly the result of negligence on the part of one of their employees.

(b) Goods left on the Auctioneers’ premises and in their custody, will be left at Seller’s risk and not be held under any form of insurance. The Seller is advised to obtain their own insurance against the risks of theft, fire, burglary, water damage, accidental damage or breakage.

4.10   Seller Commission

(a)  Seller’s commission is charged on the Hammer Price at the rate of 17%. This includes all expenses of Sale except removal, storage, illustration and advertising charges (where applicable).

4.11   Sale Proceeds

(a)  Payment (without interest) of the Sale Proceeds will usually be made to the Seller twenty eight  working days after the Sale date, (after the deduction from the Hammer Price of any relevant Commission, Stated Rates, and any relevant expenses where applicable); but the Auctioneers shall not be liable for payment of the Sale Proceeds to the Seller until they themselves receive full payment from the Buyer.

(b) Title to the Lot will only pass to the Buyer on receipt by the Auctioneer in cleared funds of the full Purchase Price.

(c)  The Auctioneer may deduct from the Purchase Price to its own account any Commission, Expenses, VAT and interest earned.

(d) The Buyer may be charged an additional premium to cover the Auctioneer’s expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. If such payment of the additional premium does not cover in full the amount of any payment due under the Artists Resale Right Regulations 2006 in relation to the Sale of the Lot by the Auctioneer or the Buyer fails to pay the Auctioneer, on demand any shortfall and agree that we may deduct such amount from the Purchase Price and pay such amount to the Auctioneer’s own account.

(e)  The Auctioneer may deduct from the Purchase Price any monies due to it by the Seller, including any sums due to the Auctioneer in respect of any other goods bought or sold through the Auctioneer by the Seller.

(f)  If the Buyer fails or refuses to pay the Purchase Price for the Lot in accordance with its obligations to do so, the Auctioneer will endeavour to notify the Seller as soon as it is reasonably able to do so.

4.12   Forgery

(a)  Notwithstanding any other of these conditions, if within 7 days of the Sale of any Lot the Buyer gives written notice to the Auctioneers that in his or her opinion it is a deliberate forgery, as defined below and within 14 days of such notice, returns the Lot to the Auctioneers, in the same condition as it was at the time of Sale and by producing evidence (the burden of proof being on the Buyer) satisfies the Auctioneers that the Lot is a deliberate forgery; then the Auctioneers may rescind the Sale and refund the purchase price received by them (this benefit is not assignable).

     The Seller will be liable to repurchase the Lot from the Auctioneer on demand for an amount equal to the Purchase Price, VAT and Expenses together with interest calculated on a daily basis from the date upon which the Auctioneer demands payment from the Seller until the date of actual payment in cleared funds.

(b) In the context of this guarantee “a deliberate forgery” means a Lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of Sale had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the catalogue description at the time of Sale, was in accordance with the general opinion of experts, or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.

4.13   Withdrawal of Lots

Goods withdrawn prior to Sale but after cataloguing or valuation, will attract a charge at the rate of 10% of the value based on reserve prices or valuation provided or reasonably estimated by the Auctioneers, plus Expenses where applicable, which shall be binding upon the Seller.

4.14   Reserves

(a)  A Seller may place reserves on any Lots by completing the reserve column of the Entry Form (minimum £30).

(b) Unless instructed in writing to the contrary, all Lots will be sold without reserve or at the Auctioneer’s discretion.

(c)  Reserves will be placed on items for one Sale only and then must be re-agreed in writing with the Auctioneer (failing which see Condition 4.14(d)). It is the responsibility of the Seller in such circumstances to contact the Auctioneers, otherwise items will be offered without a reserve.

(d) Lots failing to reach reserve prices may be sold after the Sale at or above the reserves or entered into a further subsequent Sale with reduced reserves to be agreed with the Seller in advance of that next Sale (if no such agreement is reached in writing, the Lot may be offered without a reserve at the next Sale or treated as an unsold Lot).

4.15   Fees in respect of unsold Lots

(a)  Lotting and marketing fee in respect of unsold Lots is calculated at 2.5% of reserve price and subject to a minimum charge of £5.

4.16   Authority to sell or dispose of an unsold Lot

(a)  The Auctioneers reserve the right to dispose of all un-saleable Lots which they consider to be of negligible value, (not under reserve) without reference to the Seller and at the Seller’s full expense.

(b) The Seller should note that all unsold items must be removed from the Sale Room within two working days after the day of Sale. (Heavy goods not collected by this time may be removed to a warehouse at the Seller’s expense). Failure to collect items after due notice has been given, may result in goods being sold, without reserve, to cover expenses or disposed of where the Auctioneers, in their sole discretion, deem the goods un-saleable.

5.      BUYERS CONDITIONS

5.1     Role of Auctioneer

(a)  The Buyer is reminded that the Auctioneer acts as agent for the Buyer and therefore solely for and in the interests of the Seller. The Auctioneer’s purpose is to sell the Lot at the highest price obtainable at the Sale to a Buyer.

(b) The Auctioneer does not act for Buyers or bidders and does not provide advice to Buyers or bidders. Any Buyers or bidders who are not experts in the Lots are advised to seek independent advice on the Lots and any value of the Lots before bidding for them.

5.2     The Buyer

(a)  Any dispute as to who is the Buyer of any Lot shall be settled by the Auctioneer.

(b) Every bidder at an auction run by the Auctioneer shall be deemed to act as principal Buyer unless prior to start of an auction the Auctioneer  has given a written acknowledgement that a bidder is acting as agent for a named principal Buyer.

5.3     Inspection

(a)  Buyers and prospective Buyers are deemed to have satisfied themselves before bidding by inspection or otherwise as to (but not limited to) the physical condition (including defects) of the Lot and its description in the Catalogue.

(b) Buyers are reminded of Condition 2.1(d) and are strongly advised to examine the Lot for his/herself and/or obtain an independent examination of the Lot before placing a bid.

(c)  Buyers and prospective Buyers should note the provisions of Conditions 3 in particular, in relation to Descriptions, Estimates and Opinions of the Lot expressed in the Catalogue or otherwise.

5.4     No warranties and implied conditions excluded

No warranty is given by the Auctioneers or the Seller to any prospective Buyer in respect of any Lot and all implied conditions or warranties whether imposed by the Sale of Goods Act 1979 or otherwise (except in the case of the Seller those implied under section 12 of the Sale of Goods Act 1979) are hereby excluded. All Lots are sold as shown with all faults, imperfections and errors of description whether expressly identified in the catalogue description or not.

5.5     Lots sold ‘as is’

(a)  Lots are sold to the Buyer on an ‘as is’ basis, with all faults and imperfections.

(b) Illustrations and photographs contained in the Catalogue or elsewhere are for identification purposes only, they may not reveal the true condition of the Lot. A photograph or illustration may not reflect an accurate description of the Lot.

(c)  Lots are usually available for inspection prior to the Sale and it is for the Buyer to satisfy itself as to each and every aspect of a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price). It is the Buyers responsibility to examine any Lot in which it is interested.

(d) The actual condition of a Lot may not be as good as that indicated by its outward appearance. In particular, parts may have been replaced or renewed and Lots may not be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be damaged, as for example where it is covered by upholstery or material.

(e)  Given the age of many Lots they may have been damaged and/ or repaired and the Buyer should not assume that a Lot is in good condition.

(f)  Electronic or mechanical parts may not operate or may not comply with current statutory requirements. The Buyer should not assume that electrical items designed to operate on mains electricity will be suitable for connection to the mains electricity supply and are advised to obtain a report from a qualified electrician on their status before doing so. Such items which are unsuitable for connection are sold as items of interest for display purposes only.

(g) If the Buyer does not have expertise regarding a Lot, the Buyer is strongly advised to consult someone who does to advise the Buyer.

5.6     Buyer’s Commission

(a)  A Buyer’s commission of 17% of the Hammer Price is levied plus a £1 handling charge of £1 per lot.

(b) The Buyer also acknowledges that any delivery charges will be in addition to the handling charge and set at market rates determined by the auctioneer.

(c) The Buyer also acknowledges that the Auctioneer may receive commission from the Seller.

5.7     VAT

     Where VAT is payable by the Buyer on the Hammer Price this will be clearly indicated prior to the Sale.

5.8     Conduct of Sale

(a)  Prospective Buyers are advised to attend in person auctions run by the Auctioneer.

(b) However the Auctioneer may, if so instructed and it agrees in writing (in its sole discretion) to accept such instruction, execute written bids up to a specified limit from prospective Buyers sent by post, email or facsimile transmission to the Auctioneer  in advance of an auction or (at the Auctioneer  discretion) bids by telephone made by or on behalf of prospective Buyers before the auction. The Buyer shall deliver any instructions regarding commission bids whether delivered by post, facsimile transmission, telephone, email or in person to the appropriate employee of the Auctioneer , being the Auctioneer or an employee authorised to accept such instructions. Neither the Auctioneer nor its employees or agents will be liable for any neglect or failure to act in connection with any commission bids.

(c)  In the event that the Auctioneer has received commission bids on a Lot identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 5.8(b) and to the Auctioneer’s ultimate discretion it shall be sold to the person whose commission bid was received first. Neither the Auctioneer nor its employees or agents will be liable for any neglect or failure to act in connection with any commission bids.

(d) Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not equaling or exceeding such reserve) on behalf of the Seller. The Auctioneer is not responsible to the Buyer is respect of the presence or absence of any reserve in respect of any Lot.

(e)  The Buyer will be the bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable reserve) to whom the Lot is knocked down by the Auctioneer at the fall of the Auctioneer’s hammer. Any dispute as to the highest acceptable bid will be settled by the Auctioneer in his absolute discretion.

(f)  The Auctioneer may use video cameras to record the Sale and may record telephone calls for reasons of security and to assist in solving any disputes which may arise in relation to bids made at the Sale. At some Sales, screens may be used to assist viewing at the Sale. The image on the screen should be treated as an indication only of the current Lot. The Auctioneer does not accept any responsibility for errors which may occur in the use of the screen.

5.9     Title And Risk

Upon the acceptance of a bid (indicated by fall of the hammer) by the Auctioneer:

(a)  a contract of sale for the Lot in question is completed between the Seller and the Buyer to which the Auctioneer  is not a party and will not be liable for any breach thereof by either the Seller or the Buyer;

(b) the Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to the Auctioneer  such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneer’s sold discretion) lead to the Lot being put up again and re-sold.

(c)  Legal title to the Lot will not pass to the Buyer until the Purchase Price and any other fees due have been paid (and all monies cleared) in accordance with these Conditions.

(d) The Auctioneer shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with these Conditions.

5.10   Payment

(a)  A prospective Buyer must if practicable prior to an auction register to bid and must then give the Auctioneer his full name and permanent address and if requested by the Auctioneer banking or other suitable references.

(b) Payment must be made within 24 hours of the Sale.

(c)  The Buyer’s obligation to pay the Purchase Price arises when the Lot is knocked down on the fall of the Auctioneers’s hammer in respect of the Lot.

(d) Time is of the essence in relation to payment of the Purchase Price and all other sums payable by the Buyer to the Auctioneer. Unless agreed in writing with the Buyer by Sale Hall Ltd on the Seller’s behalf (in which case the Buyer must indemnify the Auctioneer and Seller against all charges, costs, and losses suffered by the Auctioneer and Seller by reason of the Buyer’s failure to remove the Lot including any charges due under any storage arrangements. All such sums due to the Auctioneer and Seller will be payable on demand.

(e)  Full payment for all Lots must be made to the Auctioneer by means of cash (up to £8000) For cash payments over £1000 a form of photo identification (passport or driving licence) and recent utility bill will need to be produced.. Where the customer is not present there is a limit of £1500 for card payment. Bank transfer or cheque payment is acceptable however goods cannot be released until funds are fully cleared.

(f)  Any payments by a Buyer to the Auctioneer may be applied by the Auctioneer toward or set off against any sums owing from that Buyer to the Auctioneer on any account whatever regardless of any directions of the Buyer or his agent, whether express or implied.

5.11   Removal of purchased Lots

(a)  No Lot may be removed by the Buyer until the Purchase Price has been paid in full and the monies cleared in accordance with these Conditions.

(b) Subject to Condition 5.11(a), if the Buyer shall not remove (and arrange for transport/carriage) at his expense any Lot purchased by him on the day of the Sale, then the Buyer shall pay to the Auctioneer storage and transportation charges together with any other relevant Expenses. Details of these charges are as follows:

(i)  Removal of items

     Items successfully purchased must be removed from the saleroom on Sale day. Items that are not removed will be taken to the Auctioneer’s store for collection at a mutually agreed time. Arrangements must be made in advance of collection.

(ii) There is a minimum charge of £5 per Lot handling fee for removal to store (larger items and furniture are typically £10 per Lot) which includes up to 7 days storage, thereafter, storage is charged at £5 per Lot per week (£10 per Lot per week for furniture items) or part thereof.

(c)  Buyers are reminded that they are responsible for insurance of items from the fall of the hammer.

(d) All charges are subject to VAT at the prevailing rate.

5.12   Responsibility for purchased Lots

(a)  As the risk in respect of a Lot will pass to the Buyer from the fall of the hammer, the Buyer will be responsible for any loss or damage to the Lot from that time.

(b) Neither the Auctioneer nor its agents or employees shall be responsible to the Buyer for any loss or damage of any kind whether caused by negligence or otherwise while the Lot is in its custody or control.

(c)  The Buyer of a Lot being a “motor vehicle” is responsible for complying with the provision of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuing that any necessary tax and/or test certificate is paid and/or in force as the case may be.

(d) The Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with the Lot. The Auctioneer will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.

(e)  The Buyer of any Lot containing Dangerous Substances agrees to comply with all Environmental Law and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to the Dangerous Substances.

5.13   Non-payment or failure to collect.

     If a Lot is not paid for in full and removed in accordance with Conditions 5.11 and 5.12, the Auctioneer  as agent for the Seller shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies (without prejudice to any other rights it may have):-

(a)  Issue legal proceedings against the Buyer for damages for breach of contract;

(b) rescind the Sale of the Lot and resell the Lot by auction, private treaty or any other means;

(c)  charge the Buyer all the charges and expenses of the resale (including but not limited to) any commissions for the rescinded sale which remain unpaid and the deficiency (if any) between the Hammer Price of the resale and the hammer price of the rescinded Sale;

(d) remove, store and insure the Lot at the expense of the Buyer;

(e)  charge interest on the Purchase Price at a rate not exceeding 4% per month to the extent that it remains unpaid for more than 5 working days after the date of the auction;

(f)  retain any Lot knocked down to the Buyer at the same or any other auction until payment of a Purchase Price by the Buyer;

(g) exercise a lien on any other property of the Buyer in the Auctioneer  possession for any purpose;

(h) rescind the Sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;

(i)  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 from the Buyer in the future.

5.14   Liability of the Auctioneer and the Seller

(a)  Subject to Conditions 5.14(b) and 5.14(e) the Seller, the Auctioneer or its employees or agents are not responsible or liable for errors of description (made either orally or in any Catalogue) or for the genuineness or authenticity of any Lot. No warranty whatsoever is given by the Auctioneer, its employees or agents, or by any Seller to any Buyer in respect of any Lot and any express or implied conditions and warranties are hereby excluded.

(b) Notwithstanding any other terms of these Conditions, if within two months after the Sale the Auctioneer has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within one month after such notification the Buyer returns the same to the Auctioneer  in the same condition as at the time of Sale then the Sale will be rescinded and any amount paid in respect of the Lot will be refunded.

     Provided that the Buyer shall have no right under this Condition 5.14(b) if:-

(i)  the Buyer is not able to satisfy the Auctioneer  that the Lot is a deliberate forgery on the basis of evidence from experts;

(ii) the only method of establishing at the date of publication of the Catalogue that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical; or

(iii)     the Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims.

(c)  Any claim by a Buyer under Condition 5.14(b) shall be limited to any amount paid in respect of the Lot and shall not extend to any consequential loss suffered by him as a result of the Lot being a deliberate forgery.

(d) The benefit of this Condition 5.14(b) shall be assignable and shall only extend to the Buyer, being the person to whom the original invoice was made out by the Auctioneer in respect of the Lot when sold and who has since the Sale retained uninterrupted, unencumbered ownership of that Lot.

(e)  In any circumstances where the Auctioneers and/or the Seller are liable in relation to any Lot or any Description or Estimate made of any Lot, or the conduct of any Sale in relation to any Lot, whether in damages, for an indemnity or contribution, or for a restitutionary remedy or otherwise, the Auctioneers and/or the Seller’s liability (combined, if both the Auctioneers and the Seller are liable) will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other delict, breach of contract (if any) or statutory duty or otherwise.

     Nothing set out in these Conditions will be construed as excluding or restricting (whether directly or indirectly) the Auctioneers and/or Seller liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by the Auctioneers and/or Seller negligence (or by the negligence of any person under the Seller or Auctioneers control or for whom the Auctioneer and/or Seller is legally responsible), or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.

5.15   Photographs and Illustrations

     The Buyer gives the Auctioneer the absolute right to use its photographs and illustrations of Lots at any time at the Auctioneer absolute discretion (whether or not in connection with the auction).

5.16   DROIT DE SUITE royalty charges.

(a)  From 14th February 2006 all UK art market professionals (which includes but is not limited to auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by living artists or those that have died within the last 70 years.

(b) This payment is only calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of EURO 1,000. The UK sterling equivalent will fluctuate in line with prevailing exchange rates.

(c)  It is entirely the responsibility of the Buyer to acquaint himself with the precise EURO to UK sterling exchange rate on the day of the Sale in this regard and the Auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated.

(d) The royalty charge will be applied if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000.

(e)  The royalty charge will be added to all relevant Buyers’ invoices and must be paid before items can be cleared.

(f)  All royalty charges are passed on to the Design and Artists Copyright Society (‘DACS’) no handling costs or additional fees with respect to these charges will be retained by the Auctioneers.

(g) The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of 50,000 is 4%.

(h) For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges apply –for a complete list of royalty charges and threshold levels please see www.dacs.org.uk.

 

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