Sale Date >
- 07 Jul 2012 10am
Venue Address
- The Saleroom
- Ryhall Road
- Stamford
- Lincolnshire
- PE9 1XF
- United Kingdom
- http://www.batemans-auct...
- info@batemans-auctions.c...
- Tel: +44 (0)1780 766466
- Fax: +44 (0) 1780 765071
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Fine Art, Antiques and Collectables to include Militaria & Toys
Venue Address
- The Saleroom
- Ryhall Road
- Stamford
- Lincolnshire
- PE9 1XF
- United Kingdom
Sale Date
- 07 Jul 2012 10am
Viewing
- 05 Jul 2012 10am - 5pm
- 06 Jul 2012 10am - 7pm
- 07 Jul 2012 From 8.30am
Information
Buyers Premium 15% + VAT
Lots purchased online with the-saleroom.com will attract an additional charge for this service in the sum of 5% of the hammer price plus VAT at the rate imposed.
Shipping:We offer a packing service, and our courier will deliver anywhere within UK and Europe
Payment and collections by Friday after the sale.
Terms and Conditions
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
BATEMANS AUCTIONEERS & VALUERS LTD
The Saleroom, Ryhall Road, Stamford, Lincolnshire, PE9 1XF
Telephone: 01780 766466 Web: www.batemans-auctions.co.uk
FULL CONDITIONS OF SALE
(Updated as of 1st February 2013)
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
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(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 )
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(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
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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).
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(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.
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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.
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Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
Stamford, Lincolnshire, PE9 1XF
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Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
BATEMANS AUCTIONEERS & VALUERS LTD
The Saleroom, Ryhall Road, Stamford, Lincolnshire, PE9 1XF
Telephone: 01780 766466 Web: www.batemans-auctions.co.uk
FULL CONDITIONS OF SALE
(Updated as of 1st February 2013)
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
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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.
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(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 )
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(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
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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.
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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
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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
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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
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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.
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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).
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(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.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
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.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans-auctions.co.uk
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
Delivery
We offer a packing service, and our courier will deliver anywhere within UK and Europe
Contact details
- The Saleroom
- Ryhall Road
- Stamford
- Lincolnshire
- PE9 1XF
- United Kingdom
- http://www.batemans-auct...
- info@batemans-auctions.c...
- Tel: +44 (0)1780 766466
- Fax: +44 (0) 1780 765071
- delivery@atgmedia.com
- Tel: +44 (0)20 7420 6670
Batemans Auctioneers & Valuers
Fine Art, Antiques and Collectables to include Militaria & Toys
Lot 176
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Description:
A nine branch chandelier with glass drops, 60 by 52cm high.
Estimate:
£80 - £120
* The description of the above lot by the auctioneer in the language of the auction is the governing description. Any translation using Google translate is a guide only - its accuracy cannot be guaranteed and it is used at your own risk.