Sale Date >
- The Auction Rooms
- 15 Lynn Road
- Downham Market
- PE38 9NL
- United Kingdom
- Tel: +44 (0)1366 387 180
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Antiques, Collectables, Household Furniture & Effects
- The Auction Rooms
- 15 Lynn Road
- Downham Market
- PE38 9NL
- United Kingdom
- 20 Nov 2013 10am
- 16 Nov 2013 10am - 1pm
- 19 Nov 2013 1pm - 6pm
Estimates are given for guidance only
Condition reports can be obtained by contacting Barry L Hawkins office
Commission bids and telephone bids will be accepted prior to the day of sale
Items are sent by our chosen courier and packing and delivery is charged at cost. Please contact the auctioneers directly for further information.
Terms and Conditions
DEFINITIONS – In these conditions Barry l Hawkins act only as Auctioneers and Agents and the representative of Barry L Hawkins conducting the auction is called ‘the Auctioneer’.
BIDDING - The highest bidder to be the Purchaser – but subject to the Auctioneers reserving the right to refuse the bidding of any person without giving a reason. Should any dispute arise between two or more bidders, or between the Auctioneers and any approved bidder the Lot or Lots in dispute to be put up again or not at the discretion of the Auctioneers. The Vendor reserves the right to bid and to withdraw any lot previously to the sale. No purchaser shall be allowed to retract his or her bidding. The Auctioneers may divide, combine add to or withdraw any Lot and shall determine the advance of each bid on behalf of the Vendor on Lots upon which there is a reserve price.
DEFAULT – Barry L Hawkins disclaim responsibility for default by either the buyer or the vendor because they act as Auctioneers 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.
CONDITION OF LOTS – All Lots shall be sold with all faults, imperfections and errors of description in the Lots described in the catalogue, or as these may be divided on conjoined at the sale, and without any warranty whatever, the buyers being held to have satisfied themselves as to the condition, quality, quantity, age and description of Lots before bidding.
MISREPRESENTATION – (Antique and Fine Art sales only) – If within 21 days after the sale, the Auctioneers receive from the Purchaser notice in writing that in his view the Lot is a deliberate forgery, and within 14 days after such notification the Purchaser returns the Lot to the Auctioneers in the same condition as prevailed at the time of the sale and satisfied the Auctioneers that (having regard to the entry in the catalogue) the same is a deliberate forgery, then the Auctioneers shall be entitled to rescind the sale and to refund the Purchaser the purchase price of the lot. In deciding whether or not the Lot is a deliberate forgery the Auctioneers shall be entitled at their discretion and at the cost of the Vendor to seek the view of any expert or other authority.
DESCRIPTIONS – Every effort is made to ensure the accuracy of the description of each Lot but these whether made orally or in writing are expressions of opinion and not representations of fact. No employee of the Auctioneers has any authority to make any representations of fact and the Auctioneers disclaim on behalf of the Vendor and themselves responsibility for authenticity, age, origin and condition and for accuracy or measurement of weight of any Lot or Lots.
DAMAGE TO PROPERTY – All Purchasers are to be answerable for all damage they, their owners or other agents may do to any lots, or to the premises or other property of the Auctioneer and the Vendor in taking down or removing their respective Lots and to properly repair the same before their Lots are removed from the premises or deposit with the Auctioneers such sum of money as the Auctioneers may determine to cover the cost of making good such damage.
REMOVAL AND CLEARANCE – No Lot or Lots shall be removed from the premises in or on which the sale is held until paid for in full. All Lots are at the Purchasers risk from the fall of the hammer. All Lots left after specified time for clearance will be entirely at the Purchasers risk and will be liable to any expenses that may arise from their not having been cleared within the time limit stipulated by the Auctioneers. All Lots must be removed no later than (to be announced at the beginning of each auction) 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.
PURCHASE PRICE – The purchaser shall pay the hammer price together with a premium of 10% of the hammer price on all lots. The premium is NOT negotiable and is payable by ALL purchasers. 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. In addition any lots purchased through ATGMedia services (the-saleroom.com) will be liable to an additional 3% (plus VAT) charge on top of the hammer price.
PAYMENT – Cheques over £50 will only be accepted by prior arrangement with the Auctioneers and under £50 when supported by a Cheque Guarantee Card. All Lots must be paid for in full and the Auctioneers will not permit or recognise the transfer of any Lot. All sales shall be Cash Transactions and a legal title to all goods is retained by the Vendor until then have been paid for in full.
VALUE ADDED TAX – VAT is chargeable at the current rate, over and above the purchase price on all taxable items.
A vendor who sends for sale any chattel(s) which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Vat purposes and if so, his registered number and whether or not he intends to operate the special scheme covering works of etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
COMMISSIONS – The Auctioneers can accept commissions on behalf of prospective Purchasers, these to be forwarded in writing to the Auctioneers.
VIEWING – Arrangements for viewing of the sale are included in the notices printed in the catalogue.
RESALE – Upon failure to comply with the above Conditions, any Lots uncleared within the time aforesaid shall be resold, either by Public sale or Private Contract without any imitation to the defaulter and the deficiency (if any) by such second sale, together with all charges pending the same, shall be made good by the defaulter at this present sale and be recoverable as and for liquidated damages and any surplus that shall arise there from shall belong solely to the Vendor. The Auctioneers or Vendor shall have full rights to enforce any contract made at the sale and to sue for the full price of goods and the foregoing provisions as to resale shall be entirely without prejudice to such right.
SAFETY REGULATION – No warranty is given or implied that any item offered for sale complies with the health and Safety at Work Act 1974 or other regulations; in particular with regard to cabs or frames fitted to tractors.
ELECTRICAL GOODS – will be sold for scrap unless warranted in a safe condition.
NO GUARANTEE 0f working order will be given to intending purchasers.
NEITHER – BARRY L HAWKINS, nor the Vendors will accept responsibility for any accident, injury or damage which may occur to any person whilst viewing, at the time of the sale or during clearance of the Lots; any persons entering the premises do so at their own risk. The Auctioneers shall be the sole arbitrator in every matter of dispute regarding the sale.
INSTRUCTIONS – As Barry L Hawkins is an Auctioneer all goods delivered to Barry L Hawkins premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at Barry l Hawkins discretion and accepted by Barry l Hawkins subject to all the Sale conditions. By delivering the goods to Barry l Hawkins for inclusion in their auction each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions.
LOSS OR DAMAGE – Barry L Hawkins disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of their employees.
RIGHT TO SELL – Vendors will be charged for goods left on the premises if the vendor has been requested to remove within 21 days of such request. Barry L Hawkins reserves the right to sell the foods to defray costs and storage charges.
a. All goods are put up for sale WITHOUT RESERVES unless written instructions as to reserve are received by Barry l Hawkins prior to the commencement of the sale.
b. In the event of any reserve price not being reached at auction, Barry L Hawkins is empowered to sell after the auction by private treaty, at not less than the reserve price, as long as the good remain on Barry L Hawkins premises. In the event of such a sale by private treaty the conditions applicable to a buyer governing the auction will not apply.
EXPLANATION OF CATALOGING TERMS
1. The forename(s) (or asterisks where not known) and surname of the artist indicate in our opinion the work of the artist.
2. A picture catalogued as ‘ATTRIBUTED TO’ is in our opinion probably a work by that artist.
3. A picture catalogued as ‘SCHOOL’ accompanied by the name of a place or country and a date means that in our opinion the picture was executed at that time and in that location.
4. A picture bearing the work ‘AFTER’ is in our opinion a copy of any date after a work by that artist.
5. Dimensions are given height before width, are at approximate and to the nearest half inch.
ARTIST’S RESALE RIGHTS – Works of art by living artists included in the auction may be subject to Artist’s Resale Rights.