* PLASTOV, ARKADY (1893-1972) Road to Posega Village, stamped with the artist's initials, also

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MacDougall’s Terms & Conditions of Sale – Autumn 2015
1. All contractual rights and obligations made between vendors, bidders and MacDougall Arts Ltd in respect of an
auction conducted by MacDougall Arts Ltd (an “auction”) are subject to these Terms and Conditions of Sale.
2. In these Terms and Conditions of Sale, MacDougall Arts Ltd. – who act as agents for the vendor unless specified
otherwise in the catalogue for the auction in question – are called “MacDougall’s”, or “us”; and the representative of
MacDougall Arts Ltd. conducting the auction is called “The Auctioneer”.
Hammer price
3. All bids for a lot at an auction shall be considered an offer for that lot, which the Auctioneer can accept or reject in
accordance with clauses 9 and 12 of these Terms and Conditions. The hammer price means the highest bid accepted
by the Auctioneer for the lot. The purchase price payable by the buyer shall be the aggregate of the hammer price
plus the buyer’s premium (together with any VAT chargeable on the hammer price and buyer’s premium). The
buyer’s premium is at a rate of 25% on the first £50,000, 20% on the amount between £50,001 and £1,000,000, and
at a rate of 12% on the amount above £1,000,000, of the hammer price. All prices are quoted in UK Pounds Sterling.
VAT
4. Lots are normally sold under the UK Auctioneers Margin Scheme. Input tax deduction has not been and will not
be claimed in respect of such lots. The charge for the buyer’s premium will include VAT on the charges described
above, which will not be shown separately and may not be reclaimed as input tax.
5. Items marked with an asterisk (*) have been imported from outside the EU. 5% will be added to the hammer price
and buyer’s premium to cover Import VAT. EU VAT registered buyers should note that neither this 5% nor the VAT
on the buyer’s premium can be refunded or claimed against VAT.
6. Buyers from outside the EU who intend to ship their purchases outside the EU within three months should tell
MacDougall’s at time of payment. For them, the VAT charge included in the premium (and the 5% charge on
asterisked lots) will be treated as a deposit, refundable on presentation of documentary proof of export outside the
EU within three months.
Droit de suite (Artist’s resale right)
7.1. Some works will be subject to Droit de Suite (Artist’s Resale Right), and will be indicated with a “§” mark in
the catalogue or otherwise notified. This is a royalty payable to a qualifying artist (citizens of EU and EEA
countries) each time a work is re-sold during the artist’s lifetime and to their descendants for 70 years after the
artist’s death.
7.2 Buyers will be charged an amount equal to this resale royalty where it applies. 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.
7.3 Droit de Suite Scale
Charge Portion of the Hammer Price (in euros)
4% Up to 50,000
3% 50,001-200,000
1% 200,001-350,000
½% 350,001-500,000
¼% Over 500,000
MacDougall Arts Ltd
30A Charles II Street, London SW1Y 4AE
info@macdougallauction.com
Tel.: +44-20-7389-8160 Fax: +44-20-7389-8170
Registered Company No. 5175060 in England & Wales
!
Guaranteed Property
8. A minimum price has been guaranteed to the seller for lots marked with the symbol “°”. This guarantee may be
provided by MacDougall’s, by a third party or jointly by MacDougall’s and a third party. Third parties providing all
or part of a guarantee benefit financially if a guaranteed lot is sold successfully and may incur a loss if the sale is not
successful.
Bidding
9. Bidding at an auction is regulated at the sole discretion of the Auctioneer, who reserves the right to reject any bid.
10. In the case of lots upon which the vendor has placed a reserve, the Auctioneer shall have the right to bid on
behalf of the vendor, but no higher than the reserve. MacDougall Arts Ltd., its Directors, its staff, or its consultants
may own or have a beneficial interest in a lot being sold. All lots are offered subject to a Reserve Price agreed in
writing with the vendor; it shall be no higher than the low estimate of the hammer price. MacDougall’s have
absolute discretion to refuse admission to the auction.
11. If instructed, MacDougall’s will execute bids for prospective buyers. This service is free. Lots will always be
purchased as cheaply as is allowed by such other bids and reserves as are on the Auctioneer’s books. In the event of
identical bids, the earliest will take precedence. There must always be a maximum limit indicated, i.e. the amount to
which the buyer would bid if attending the auction in person. «Buy» or unlimited bids will not be accepted.
Commission bids placed by telephone are accepted at the client’s risk.
12. Notwithstanding clause 14, the buyer and the vendor shall enter into the contract for the buyer to buy and the
vendor to sell the lot in question upon the fall of the Auctioneer's hammer.
13. Lots purchased online will attract an additional charge for this service in the sum of 3% of the hammer price plus
VAT at the rate imposed.
Identification and Payment
14. The buyer shall forthwith supply his name and address and his bank and other suitable references considered
necessary by MacDougall's, acting reasonably. Bidders act as principal unless they have prior written consent from
MacDougall’s to bid as agent for another party. Bidders are personally liable for their bid and are jointly and
severally liable with their principal if bidding as agent.
15. Legal title to a lot shall not pass to the buyer until MacDougall’s receive the full purchase price for the lot in
cleared funds.
16. Unless MacDougall’s agree with the buyer otherwise:
(a) the lot must be paid for in full within twenty-one days of sale; and
(b) the buyer must remove the lot in question, at their expense, within 30 calendar days following sale.
17. MacDougall’s are not obliged to release a lot to a buyer until title to that lot has passed, but any earlier release
will not affect the passing of title.
18. To the extent an export licence is required in order to remove a lot from the United Kingdom, the buyer alone is
responsible for obtaining and paying for such a licence.
19. If a buyer fails to pay for or remove a lot in accordance with clauses 13 to 17 above, MacDougall’s shall be
entitled at their absolute discretion to exercise one or more of the following rights, unless agreed otherwise with the
buyer.
(a) To rescind the contract in respect of that lot.
(b) To store the lot or cause it to be stored at their own premises or warehouses elsewhere at the sole expense
and risk of the buyer, and to release the lot only after payment in full of the purchase price, accrued storage and
haulage charges and all other costs incurred by MacDougall’s in connection with the lot.
To a maximum of 12,500 euros
MacDougall Arts Ltd
30A Charles II Street, London SW1Y 4AE
info@macdougallauction.com
Tel.: +44-20-7389-8160 Fax: +44-20-7389-8170
Registered Company No. 5175060 in England & Wales
!
(c) To charge interest and storage charges. Interest is charged at 10% per annum, and storage charges at 50
pounds per lot per week. However these charges will be waived if payment is received by the 21 day
contractual deadline and the purchases are collected within four months.
(d) With seven day’s notice to the buyer to resell the lot or cause it to be resold by public or private sale. Any
deficiency in the purchase price attending such resale (after giving credit for any payment and after deducting
full costs incurred in connection with the lot) to be made good by the defaulting buyer, any surplus (after
retention by MacDougall’s of the premium) to be paid to the vendor.
(e) Commence legal proceedings on behalf of the vendor to recover the purchase price and other expenses for
that lot.
(f) Release the name and address of the buyer to the vendor to enable the vendor to commence the legal
proceedings against the buyer.
(g) MacDougall’s shall in all circumstances be entitled to exercise a lien against any property belonging to the
buyer or where the buyer has acted as an agent any property belonging to the buyer’s principal which is in the
possession of or in the control of MacDougall’s in respect of any debt howsoever arising owed by the buyer (or
the buyer’s principal) to MacDougall’s notwithstanding that the value of the property exceeds the amount owed
to MacDougall’s.
(h) MacDougall’s may set off any sums owed by a buyer or its principal against any money owed by
MacDougall’s to the buyer or its principal not withstanding that MacDougall’s may have in their possession or
under their control property belonging to the buyer or its principal.
(i) MacDougall’s are entitled at their absolute discretion to apportion any monies received by or on behalf of
the buyer against any sums owed by the buyer or its principal by or on behalf of the buyer against any sums
owed by the buyer or its principal to MacDougall’s.
(j) Where lots are not removed in accordance with clause 17 above, whether or not payment has been made,
MacDougall’s shall be permitted to remove the lot to a third party warehouse at the buyer's expense, and only
release the items after payment in full has been made of removal, storage, handling, and any other costs
reasonably incurred, together with payment of all other amounts due to us.
(k) To debit the bank account of the buyer, on the basis of the debit or credit card details provided by the buyer
to MacDougall’s prior to the auction in question, in part or full payment of the outstanding purchase price and
any other outstanding fees.
Catalogue Descriptions
20. MacDougall’s reserve the right to withdraw, consolidate, divide or alter any lot or combine any two or more lots.
21. All statements in the catalogues, advertisements or brochures of forthcoming sales are statements of opinion
only. Illustrations in the catalogues, advertisements or brochures of forthcoming sales may not necessarily reveal
imperfections in any lot. The exact physical description of any lot and the extent of any defect, restoration or repair
to any lot should be ascertained by intending buyers through inspection. Each buyer by making a bid for a lot
acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the sale
conditions the physical condition of and description of the lot including but not restricted to whether the lot is
damaged or has been repaired or restored.
22. MacDougall’s reserve the full and absolute right to illustrate and photograph any lot placed in its hands for sale,
and to use these photographs and illustrations at any time at its absolute discretion (whether or not in connection
with the auction).
Guarantee
23. Notwithstanding any other terms of these conditions, if within one year after the sale the buyer of any lot gives
notice in writing to the Auctioneer that in his view the lot is a counterfeit (i.e. an imitation created to deceive as to
authorship, origin, date, or age); and within fourteen days after such notification the buyer returns the lot to the
Auctioneer in the same condition as at the time of sale and free of third party claims; and by producing evidence,
with the burden of proof to be upon the buyer, satisfies MacDougall Arts Ltd. that the lot is a counterfeit, not
reflected by the description in the catalogue; then the sale of the lot will be rescinded and the purchase price of the
same refunded. No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or
MacDougall Arts Ltd
30A Charles II Street, London SW1Y 4AE
info@macdougallauction.com
Tel.: +44-20-7389-8160 Fax: +44-20-7389-8170
Registered Company No. 5175060 in England & Wales
!
modification work of any kind including repainting or over-painting. This limited right of refund lies with the
original buyer only and is not transferable to third parties.
Data Protection
24. By agreeing to these Terms and Conditions, vendors, bidders, and buyers agree to the storage and processing of
their personal information by the Auctioneer. The data may be stored in countries which do not offer equivalent
protection of personal information to that offered in the EU. The Auction may be subject to video and audio
recording by the Auctioneer. The Data Controller is MacDougall Arts Ltd.
English Law and Language
25(a). All sales and related matters included within these Conditions of Sale shall be governed by and construed in
accordance with the laws of England (regardless of where the lot may have been received by the Auctioneer) and the
buyer submits to the exclusive jurisdiction of the English courts.
25(b). Any dispute arising out of or in connection with this contract, including any question regarding its existence,
validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules
are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal
place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The
governing law of the contract shall be the substantive law of England and Wales.
26. Where a translation of this agreement has been provided, it is agreed that the English language version shall be
the governing one.
Payment methods:
For payments by wire transfer, please direct payment in UK pounds sterling (with all charges to be paid by sender,
and include a reference to the lot number) to:
MacDougall Arts Client Trust Account No. 73662942, Sort Code 40-07-13, Swift code MIDLGB22, IBAN
GB90MIDL40071373662942 HSBC Bank plc, 8 Victoria St., Westminster, London SW1H 0NJ.
Other payment methods:
Credit card payments are charged 2% extra. UK debit card payments are free of charge. Personal UK cheque
payments will have to clear before delivery of purchases. Banker’s drafts and cash within certain limits may be
accepted by arrangement.
MacDougall Arts Ltd
30A Charles II Street, London SW1Y 4AE
info@macdougallauction.com
Tel.: +44-20-7389-8160 Fax: +44-20-7389-8170
Registered Company No. 5175060 in England & Wales