Information for buyers


The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted according to our printed ‘Conditions of sale’ which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.

Payment: Acceptable payment methods are debit card, credit card (which attracts a 2% + VAT surcharge), electronic transfer to our client bank account, cheque supported by a valid guarantee card, and cash (the Money Laundering Regulations of 2003 mean we cannot accept cash payments in excess of £7,500)

Clearance of lots: Lots must be paid for and cleared within one week of the sale. Uncleared lots will be removed into storage at Byrne’s convenience, and a handling and storage fee of £2/lot per day will be levied.

Dispatch: We offer a packing and postage service, within reason, for lots which we are able to pack and which are suitable to be posted via Special Delivery or Parcel Force. Cleared payment is required and we may require you to sign a disclaimer. For urgent dispatch, awkward, very fragile or bulky items we may suggest an alternative to this service, but please feel free to enquire as we will oblige wherever possible.

Agency: As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.

Estimates: Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the buyer’s premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.

Buyer's premium: The ‘Conditions of sale’ oblige buyers to pay a buyer's premium at 21% (including VAT) on the hammer price of each lot purchased. It should be noted that this VAT element is not recoverable as input tax.

VAT: (*) indicates that VAT is payable by the purchaser at the standard rate on the hammer price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers’ Margin Scheme. Lots without the above symbol indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme.

Condition of Lots: We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed, or any, examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the ‘Conditions of sale’. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a two week time limit. (The expression 'deliberate forgery' is defined in our ‘Conditions of sale’).

Condition Reports: We may be able to assist buyers unable to view by e-mailing a condition report, but these reports are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view. Condition reports cannot be prepared on the day of sale. Please see our Conditions of Sale.

Images: Images reproduced in this catalogue and in online catalogues are for reference only and should not be relied upon for the accurate representation of colour, size or condition.

Export of goods: Buyers intending to export goods should ascertain (a) whether an export license is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.

Buyer’s Registration: All attending bidders are required to register for a paddle before the sale begins and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us.

Absentee Bidding: If you are unable to attend the auction there are a number of options available to enable you to participate. When placing any absentee bids, please check and double check the lot numbers as this is the only definitive piece of information which guarantees your bid is executed on the lot you want.

i. Commission bidding: It is possible to leave commission bids with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. In some instances the auctioneer may also exceed a bid in order to secure the lot on the buyer’s behalf. Commission bids are accepted by fax, e-mail and phone, and in all these instances, commission bidders are deemed to have read, understood and agreed to be bound by our conditions of sale. All commission bids should be received by close of business on the day prior to the auction. Any bids received later than this time cannot be guaranteed to be executed accurately. To ensure that bids are placed on the right lots please check all you lot numbers as this is the only piece of information which guarantees you buy the lot you want.

ii. Telephone bidding: We reserve the right for this service to be available on higher value lots only. The number of telephone lines is limited so we would urge serious telephone bidding only and ask that you be prepared to bid over the low sale estimate. It is also advisable to leave a maximum covering bid in case we cannot contact you by telephone. All telephone bids should be received by close of business on the day prior to the auction and prospective purchasers booking lines are deemed to have read, understood and agreed to be bound by our conditions of sale.

iii. Internet bidding: It is now possible to bid in real time online during the auction. This service is conducted through the website www.the-saleroom.com and you need to register with them to bid. There is a 3% + VAT fee for buying in this way which we collect on behalf of the service provider. Online bidders are deemed to have read, understood and agreed to be bound by our conditions of sale.





IMPORTANT NOTICES

Electrical goods: These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.

Post 1950s Furniture: All items of furniture included in this sale are offered as works of art. The items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason they should not be used in a private dwelling.

Coloured gemstones: It is accepted practice that many coloured gemstones are routinely treated to enhance their colour and possibly clarity, and unless otherwise stated in a individual written condition reports, it must be assumed that those offered for sale in this saleroom have possibly been subjected to such treatments.

Clocks and Watches: When providing condition reports for clocks and watches we do not offer any opinion as to whether or not the movement is in working order. You are strongly advised to make a physical inspection in person prior to bidding as we cannot accept returns on such lots.



Conditions of sale

Byrne’s (Chester) Ltd carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.

1. Definitions: In these conditions:

(a) ‘Auctioneer’ means the firm of Byrne’s (Chester) Ltd or its authorised auctioneer, as appropriate

(b) ‘Deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description

(c) ‘Hammer price’ means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer

(d) ‘Terms of consignment’ means the stipulated terms and rates of commission on which Byrne’s (Chester) Ltd accepts instructions from sellers or their agents

(e) ‘Total amount due’ means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these conditions

(f) ‘Sale proceeds’ means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising

(g) ‘You’, ‘Your’, etc. refer to the buyer as identified in Condition 2

(h) The singular includes the plural and vice versa as appropriate.


2. Bidding procedures and the buyer:

(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid

(b) The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by re-offering the lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion

(c) Bidders shall be deemed to act as principals.

(d) Once made, no bid may be withdrawn.

(e) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.

3. Increments: Bidding increments shall be at the auctioneer’s sole discretion.

4. The purchase price: The buyer shall pay the hammer price together with a premium thereon of 21% which shall include VAT on the premium at the rate imposed by law.

5. Value added tax: Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant lots. (Please refer to ‘Information for buyers’ for a brief explanation of the VAT position).

6. Payment:

(1) Immediately a lot is sold you will:

(a) give to us, if requested, proof of identity, and

(b) pay to us the total amount due in cash or in such other way as is agreed by us.

(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.

7. Title and Collection of purchases:

(1) The ownership of any lots purchased shall not pass to you until you have made payment in full to us of the total amount due.

(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than three working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges.

(3) No purchase can be claimed or removed until it has been paid for.

8. Remedies for non-payment or failure to collect purchases:

(1) If any lot is not paid for in full and taken away in accordance with these conditions or if there is any other breach of these conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:

(a) To proceed against you for damages for breach of contract

(b) To rescind the sale of that lot and/or any other lots sold by us to you

(c) To resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller

(d) To remove, store and insure the lot at your expense and, in the case of storage, either at our premises or elsewhere

(e) To charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than three working days after the sale

(f) To retain that or any other lot sold to you until you pay the total amount due

(g) To reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted

(h) To apply any proceeds of sale of other lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.

(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions

9. Third party liability: All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.

10. Commission bids: Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly execute bids on their behalf. In receiving bidding instructions by telephone, e-mail, fax or in writing the bidder shall be deemed to have read, understood and agreed to be bound by these conditions of sale. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.

11. Warranty of title and availability: The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.

12. Agency: The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.

13. Terms of sale: The seller acknowledges that lots are sold subject to the stipulations of these conditions in their entirety and on the ‘Terms of consignment’ as notified to the consignor at the time of the entry of the lot.

14. Descriptions and condition:

(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This condition is subject to the next following condition concerning deliberate forgeries and applies save as provided for in paragraph 6 ‘information to buyers’.

(2) Private treaty sales made under these conditions are deemed to be sales by auction for purposes of consumer legislation.

15. Forgeries: Notwithstanding the preceding condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer's premium provided that

(1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or

(2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.

The right of return provided by this condition is additional to any right or remedy provided by law or by these ‘Conditions of sale’.

General:

16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.

17.

(1) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.

(2). Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.

18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.

19. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.

20. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these conditions or of the ‘Terms of consignment’ shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these conditions shall be construed as having full force and effect.

21. English law applies to the interpretation of these conditions.

Sporting Guns & Country Pursuit Auction - Important Sale Notices

Release of Firearms: Sporting guns and firearms will only be released to the purchaser on production of a valid Shotgun or Firearms Certificate, and in the case of firearms, the appropriate authority to acquire or with prior arrangement for collection on the purchaser’s behalf by a Registered Firearms Dealer. Overseas Certificates are not valid in the UK.

Release of Air Weapons: Air rifles, pistols and ammunition will only be released in person at the saleroom to the purchaser or purchaser’s agent on receipt of proof of age i.e. a current driving license or passport. Air weapons and ammunition will not be released to persons under the age of 18.

Release of ammunition: Shotgun cartridges will only be released to the purchaser on production of a valid shotgun whilst firearms rounds will require the appropriate authority to acquire on a valid Firearms Certificate.

Packing & Dispatch: We are unable to offer a despatch service for ammunition, air weapons, shotguns or firearms. Other items can be despatched according to our usual conditions.

Proof & Condition: The descriptions of shotguns and firearms provided in printed and online catalogues are restricted to external examinations only and the status of proof. Firearms are sold in proof unless otherwise stated in the description. It is recommended that any purchased lot be stripped and cleaned and that safety and firing mechanisms are checked by a qualified gunsmith prior to use.

‘Droit de Suite: In accordance with Artists Resale Rights Regulations 2012 all lots noted as such which sell for UK sterling equivalent of €1000 or more are subject to a resale right royalty charge payable by the bidder. Please see www.dacs.org.uk. There is no VAT payable on this royalty charge.