Third Party Liability. Every person on
Anderson & Garland Ltd.’s premises at any
time shall be deemed to be there at his own
risk. He shall have no claim against Anderson
& Garland Ltd. in respect of any accident
which may occur or injury, damage or loss
howsoever caused, save insofar as the injury,
damage or loss shall be caused by the direct
negligence of Anderson & Garland Ltd.’s
employees.

GENERAL CONDITIONS OF SALE

1. Definitions. In these Conditions Anderson
& Garland Ltd. who act only as
auctioneers and agents for the vendor,
are called “The Auctioneers’’, and the
representative of Anderson & Garland
Ltd. conducting the auction is called “The
Auctioneer’’.

2. General. Whilst Anderson & Garland Ltd.
make every effort to ensure the accuracy
of their catalogue and the description of
any lot:
(a) Each lot as set out in the catalogue
or as divided or combined with any
other lot or lots is sold by the vendor
with all faults, imperfections and
errors of descriptions.
(b) Anderson & Garland Ltd. do not
accept responsibility for the
authenticity, attribution,
genuineness, origin, authorship,
date, age, period, condition or quality
of any lot, unless they have been
instructed in writing by the vendor
so to certify, and in such case the
Auctioneers do so as agents of the
vendor and are not themselves
responsible for such claims.
(c) All statements, whether printed in
the catalogue or made orally, as to
any of the matters set out in (b)
above are statements of opinion
only and are not to be taken as
being or implying any warranties or
representations of fact by Anderson
& Garland Ltd., unless they have
been instructed in writing by the
vendor so to certify, and in such
case the Auctioneers do so as
agents of the vendor and are not
themselves responsible for such
claims.
(d) Any claim under any Statute must
be received in writing by the
Auctioneer within ten days of the
day of the sale.

3. The Auction.
(a) The Auctioneer has absolute
discretion to divide any lot, to
combine any two or more lots or to
withdraw any lot or lots from the
sale, to refuse bids, regulate bidding
or cancel the sale without in any
case giving any reason or without
previous notice. He may bid on
behalf of the vendor for all goods
which are being offered subject to
reserve or at the Auctioneer’s
discretion.
(b) The highest bidder shall be the buyer
except in the case of a dispute. If
during the auction the Auctioneer
considers that a dispute has arisen,
he has absolute discretion to settle
it or to re-offer the lot. The
Auctioneer may at his sole discretion
determine the advance of bidding or
refuse a bid.
(c) Each lot is put up for sale subject to
any reserve price placed by the
vendor. Where there is no reserve
price (but not otherwise) the seller
has the right to bid either personally
or by any one person (who may be
the Auctioneer).
(d) All conditions, notices, descriptions,
statements and other matters in the
catalogue and elsewhere concerning
any lot are subject to any
statements modifying or affecting
the same made by the Auctioneer
from the rostrum prior to any bid
being accepted for the lot.

4. Rescission. Notwithstanding any other
terms of these conditions, if within seven
days after the sale Anderson & Garland
Ltd. have received from the buyer of any
lot notice in writing that in his view the lot
is a deliberate forgery and within fourteen
days after such notification the buyer
returns the same to Anderson & Garland
Ltd. in the same condition as at the time
of sale and by producing evidence, the
burden of proof to be upon the buyer,
satisfies Anderson & Garland Ltd. that
considered in the light of the entry in the
catalogue the lot is a deliberate forgery,
then the sale of the lot will be rescinded
and the purchase price of the same
refunded. In the event of a dispute then
the matter shall be settled by arbitration,
the arbitrator to be nominated by the
President of the Royal Institution of
Chartered Surveyors. Both the buyer and
the vendor agree to be bound by the
decision.

5. Default. Anderson & Garland Ltd. disclaim
responsibility for default by either the
buyer or the vendor because they act as
agents for the vendor only and therefore
do not pay out to the vendor until
payment is received from the buyer.
Instructions given by telephone are
accepted at the sender’s risk and must
be confirmed in writing forthwith.

6. In the event of a sale by private treaty
both the vendor and the buyer agree to
be bound by the General and any Special
Conditions of Sale.

BUYERS CONDITIONS

7. Inspection. Each buyer by making a bid
for a lot acknowledges that he has
satisfied himself fully before bidding by
inspection or otherwise as to all the Sale
conditions the physical condition of and
description of the lot including but not
restricted to whether the lot is damaged
or has been repaired or restored.

7a. Photography Information. Whilst every
care is taken to photograph lots
accurately, it is only possible to give
approximate representations in our
catalogues, on our website and
elsewhere.
Images are for general guidance only, and
colours in particular will vary – especially
when viewed on a screen.
Bidders are directed to item 7 of our
General Conditions of Sale and are
advised to attend our viewing days.
We cannot accept returns on the basis of
inaccuracies caused by the limitations of
photographic reproduction.

8. Property and Risk. Legal title will not pass
to the buyer until the lot(s) has been paid
for in full and the Auctioneers shall be
entitled to a lien on any lot sold until the
purchase price (as defined in 11 below) is
paid in full but each lot is at the sole risk
of the buyer from the fall of the hammer.
Each buyer shall forthwith give his full
names and permanent address and if
called upon to do so by the Auctioneer
shall forthwith pay to Anderson & Garland
Ltd. such proportion of the purchase price
as the Auctioneer may require. If the
buyer fails to do so, the lot may at the
Auctioneer’s sole discretion be put up
again and re-sold.

9. Every bidder shall be deemed to act as
principal unless there is in force a written
acknowledgement by Anderson & Garland
Ltd. that he acts as agent on behalf of a
named principal.

10. Removal of Goods.
(a) No purchase shall be claimed or
removed until it has been paid for and
the sale has been concluded. All
purchases shall be paid for and removed
at the buyer’s risk and expense by the
end of the second working day after the
sale, failing which the Auctioneer shall
not be responsible if the same are lost,
stolen, damaged or destroyed, and all
lots not so removed shall remain at the
risk of the buyer and subject to a
minimum warehousing charge of £1 per
lot per day. If they are not paid for and
removed within seven days of the sale
the Auctioneer may re-sell them by
auction or privately without notice to the
buyer. Any liability which there may be on
the part of the Auctioneer in respect of
any loss shall be restricted to a
maximum of the price paid by the buyer
of the lot.
(b) Goods will only be released to the
successful bidder who can produce proof
if identification. In the case of third
party/courier collection we will require
written instructions from the buyer who
must have already paid by bank transfer,
cash or card payment in person. Any
buyer paying by cheque must wait seven
days for funds to clear. Any payment
made by debit and credit cards over the
telephone will be treated as a non secure
transaction and goods will only be
released following our security clearance
procedure.
(c) In the event of any failure of the
buyers to comply with any of the above
conditions the damages recoverable by
the seller or the Auctioneers from the
defaulter shall include any loss arising on
any re-sale of the lot, together with the
charges and expenses in respect of both
sales, and together with interest at 2%
above Barclays Bank PLC Base Rate upon
the price of any lot which has not been
paid for within 48 hours of the sale, and
any money deposited in part payment
shall be held by the Auctioneers on
account of any liability of the defaulter to
them or to the seller. The Auctioneers are
unable to accept payment from
successful bidders other than in cash or
by the bidder’s own cheque. Cheques
drawn by third parties, whether in the
Auctioneer’s favour or requiring
endorsement, cannot be accepted.

11. Purchase Price. The purchaser shall pay
the hammer price together with a
premium of 19.5% of the hammer price
(adjusted for VAT as necessary). The
premium at the appropriate rate is
payable by all purchasers. The amount
invoiced will be premium plus VAT (where
VAT is chargeable) but this VAT will not
normally be recoverable by the buyer. All
payments made by credit card wil incur a
1.5% surcharge on the total invoice value.
This will be applied at the point of
payment and an updated invoice will be
issued to the buyer along with payment
receipt. The vendor authorises the
Auctioneer to deduct commission and
expenses at the stated rates from the
hammer price and acknowledges the
Auctioneer’s right to retain the premium
payable by the purchaser.

IMPORTANT NOTES FOR BUYERS

BIDS

We will be pleased to execute bids on behalf
of intending buyers, and no charge is made
for this service. Lots will be purchased as
cheaply as permitted by other bids and
reserves. Bids must be submitted to the
Commissions Department at least half an
hour before the sale commences, and should
be entered on the forms provided. Bids left by
telephone will be accepted only on the
condition that they are at the sender’s risk,
and must in any case be confirmed in writing.

EXPORT LICENSING REGULATIONS
FOR WORKS OF ART, ANTIQUES,
COLLECTORS’ ITEMS AND
FIREARMS

In general, an export licence is required for the
export of any item manufactured or produced
more than 50 years (60 years in the case of
photographic positives and negatives) before
the date of exportation which falls within any
of the following categories:
(a) its value exceeds £20,000* or, in the
case of photographs and photograph
albums exceed £500*; or
(b) British historical portraits having a
value of £5,000* or more; or
(c) documents, manuscripts or archives
(other than printed books) including
architectural, scientific or engineering
drawings to scale produced by hand
of any value; or
(d) archaeological items.
(*inclusive of the buyer’s premium
and VAT)
NOTE: Archaeological items include any item
which has been recovered at any time from
the soil of the United Kingdom or from the
bed of any lake, river, stream or other area of
water therein or from the bed of the sea
within the territorial waters of the United
Kingdom (other than coins or articles
recovered only after burial or concealment at
a date less than 50 years before the date of
exportation).
FIREARMS: An export licence is required for
all types of firearm, rifles, pistols, shotguns
and firearms of all types not more than 100
years old irrespective of value. However,
firearms over 100 years old may still require a
certificate for possession in the U.K.

IMPORTANT NOTICE

Droit de Suite Royalty Charges
From 1st January 2012 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
and works by artists who have died within the
last 70 years (following the existing term of
copyright). This is an extension of the
previous legislation.
Please note that payment of a royalty is not
required in every case and will only be
collected when the hammer price equals or
exceeds the UK sterling equivalent of 1,000
euros.
The threshold level is for estimation purposes
only, it is entirely the responsibility of the
buyer to acquaint himself with the actual
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. The actual qualifying
threshold will be calculated by the Artist's
Resale Right Service Hub based on the
European Central Bank reference rate
published at 2.15pm on the day of the sale,
and can be found on www.dacs.org.uk.
All items in this catalogue that are marked
with ‘’ are potentially qualifying items, and
the royalty charge will be applied if the
hammer price achieved is more than the UK
sterling equivalent of EURO 1,000. The royalty
charge will be added to all relevant invoices,
and must be paid before items can be
cleared. All royalty charges are paid to the
Design and Artists Copyright Society (‘DACS’),
no handling costs or additional fees with
respect to these charges will be retained by
the auctioneer.
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 EURO 50,000 is 4%. For
qualifying items that sell for more than the UK
sterling equivalent of EURO 50,000 a sliding
scale of royalty charges will apply - for a
complete list of the royalty charges and
threshold levels, please see
www.dacs.org.uk. There is no VAT payable on
this royalty charge.
For all questions relating the regulations
regarding Droit de Suite royalty charges,
please see www.dacs.org.uk, telephone
+44 (0) 845 410 3410, or email
arr@dacs.org.uk.

LIVE AUCTION CREDIT CARD
USERS

In completing the bidder registration on
www.the-saleroom.com and providing your
credit card details and unless alternative
arrangements are agreed with Anderson &
Garland Ltd. you

(i) authorise Anderson & Garland Ltd., if they
so wish, to charge the credit card given in
part
or full payment, including all fees, for items
successfully purchased in the sale via thesaleroom.
com, and

(ii) confirm that you are authorised to provide
these credit card details to Anderson &
Garland Ltd. through www.the-saleroom.com
and agree that Anderson & Garland Ltd. are
entitled to ship the goods to the credit card
holder name and card holder address provided
in fulfilment of the sale