STANDARD CONDITIONS OF SALE


1. Definitions. In these Conditions Cuttlestones Auctioneer’s act only as auctioneers and agents and the representative of Cuttlestones Auctioneer’s conducting the auction is called “the auctioneer”.

2. General. Whilst Cuttlestones Auctioneers make every effort to ensure the accuracy of their catalogues and the description of any lot:
a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of description.
b) Cuttlestones Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the buyer to so certify.
c) All statements whether printed in the catalogue or made orally as to any of the matters set out in b) above are the statements of opinion only and are not to be taken as being or implying any warranties of fact by Cuttlestones Auctioneers, unless they have been instructed in writing by the buyers to so certify.
Some catalogue descriptions indicate some damage, repair and / or restorations or alterations. This is a guide only and does not constitute a full condition report or a guarantee for other Lots where no reference to condition is made. All Lots are sold AF (As Found)
Purchasers must satisfy themselves as to condition prior to the commencement of the sale. Saleroom staff are available at all times of the viewing for assistance, the Auctioneers will not accept any responsibility for condition.
Particular care should be made if buying via online services such as the-saleroom.com

3. The Auction.
a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods, which are being offered subject to reserve or at the Auctioneers discretion.
b) The highest bidder shall be the buyer. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or re-offer the lot.
c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum to any bid being accepted for the lot.
e) The ‘Title of Goods’ covers only those items actually specified in the catalogue description of the Lot in question and does not cover any other items, whatsoever, passed to the Purchaser, by any means, which remain the property of the Vendor and held by the Auctioneers. If any such items are brought to the attention of the purchaser, or are discovered by him, the items must be returned immediately to the Auctioneers.

4. Rescision. Notwithstanding any other terms or these conditions, if within seven days after the sale Cuttlestones Auctioneers, having received from the buyer of any lot in writing that in his view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same Cuttlestones Auctioneers in the same condition as at the time of the sale and by producing evidence, the burden of proof to be upon the buyer, satisfied Cuttlestones Auctioneers that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The vendor agrees to be bound by Cuttlestones Auctioneers decision.

5. Default. Cuttlestones Auctioneers 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.

6. Third Party Liability. Every person on Cuttlestones Auctioneers premises at any time shall be deemed to be there at his own risk. He shall have no claim against Cuttlestones Auctioneers in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury Damage or loss shall be caused by the negligence of Cuttlestones Auctioneers employees.

7. Premium. The buyer shall pay the hammer price together with a premium of 16% of the hammer price (adjusted for VAT as necessary). The premium attracts VAT at the Standard Rate and is payable by all purchasers.

Artists Resale Rights. All items marked A.R.R. in catalogues are subject to the Artist Resale Right. This is a royalty which, since 2006, has been due to living artists, for art work bought/sold by art market professionals, above the threshold of 1000 Euro. In such cases, the royalty payable is currently 4% on Hammer Prices from 0 to 50,000 Euro and 3% from 50,000.01 to 200,000 Euro. This will be an extra charge upon the Hammer Price.

ADDITIONAL INFORMATION

1. Buyer’s Premium : The standard Buyers Premium is set at 16% of the Hammer Price. VAT at the current rate is added to this premium.

2. Bidding : Bidders will be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. The Purchaser shall if required by the Auctioneers, immediately after the fall of the Hammer, pay the Auctioneers 25 pence in the pound as a deposit and in part payment, in default of which the Lot be immediately put up again and re-sold. The deposit shall be held by the Auctioneers as a general deposit on the whole amount due in respect of the purchases of the Buyer, by whom such deposits have been made.

3. Live Internet Bidding : This is available through www.the-saleroom.com. ALL Lots are sold subject to a Buyers Premium of 16% plus non-recoverable VAT on the Hammer price. All Lots bought on the internet during Live Internet Bidding or via commission bids submitted to the Auctioneers through the internet facility (on applicable Auctions) are sold subject to a 3% plus VAT surcharge on top of the Buyers Premium. This is solely to cover charges incurred in offering bidders this facility. Buyers Credit or Debit cards will be automatically charged by the Auctioneers 3 working days after the Auction for the full account amount in line with our stated Terms with applicable charges. The Auctioneers may, without giving any reason, refuse to accept the bidding of any person or persons.

4. Commission Absentee Bidding : Commission bids may be left with the Auctioneer, indicating the maximum amount to be bid (excluding Buyer’s Premium and VAT). They will be executed as cheaply as possibly having regard to the reserve (if any) and competing bids.

5. Telephone Bidding : Absentee Bidders may request a telephone bid, and this will be accepted on a ‘first come, first served basis’ up to the limit of available lines per lot.

6. Email and Fax Bidding : Absentee Bidding may be submitted by either email (office@cuttlestones.co.uk) or fax (01785 715918). Such bids will be acknowledged (in kind) as received and bidders should confirm their bids by telephone (01785 714905) if no such acknowledgment is received.

Additional information applicable to 4. 5. & 6. : It is the complete responsibility of registered bidders wishing to leave commission bids with the Auctioneers to ensure that completed commission bid forms are handed to and received by the Auctioneer or Saleroom staff only and that the forms are correctly described; bids or bidding forms handed to any persons not employed by the Auctioneers will not be accepted. Full and correct descriptions are available from the Auctioneer at the request of the bidder. The Auctioneers accepts no responsibility or liability for incorrect purchases resulting from incorrect Lot descriptions, wrongly noted Lot numbers or unclear/illegible bid amounts. Commission bids will only be accepted by the Auctioneers if accompanied by the required name and address identification. Telephoned, emailed, postal or faxed commission bids will only be accepted with credit or debit cards details as security on the purchase of any Lot or Lots. Buyers failing to settle their accounts in full within 5 working days of the auction will have their Credit or Debit cards charged automatically without further notice by the Auctioneers for the full outstanding amount.

7. Methods of Payment : We accept payment by Cash, Debit Cards (free of charge), Credit Card (subject to a 2.5% surcharge on the total invoice amount). Cheques can be accepted by prior arrangement, or upon production of ID including proof of registered address (eg: Driving Licence, but not Passport). Please note that credit card payments will no longer be taken over the phone.

8. Collection and Storage : It is important that goods are paid for and collected as promptly as possible. Items left for more than a week without prior agreement may be subject to storage charges.

9. Shipping : We do not do any packaging, posting or shipping ourselves. We highly recommend Mailboxes Wolverhampton: Tel: 01902 422700 www.mbe.co.uk/wolverhampton

10. Artists Resale Rights. All items marked "A.R.R." in catalogues are subject to the Artist Resale Right. This is a royalty which, since 2006, has been due to living artists, for art work bought/sold by art market professionals, above the threshold of 1000 Euro. In such cases, the royalty payable is currently 4% on Hammer Prices from 0 to 50,000 Euro and 3% from 50,000.01 to 200,000 Euro. This will be an extra charge upon the Hammer Price.