Lots purchased online with the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
Buyer's Premium 20% + VAT
Mallams Auctioneers will arrange shipment of smaller items but recommend Mailboxes for most shipping purposes. Their contact number is 01865 741729
Terms and Conditions
Mallams 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.
In these Conditions:
(a) “auctioneer” means the firm of Mallams 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
Mallams 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 reoffering 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.
(2) 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.
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 20%. This
premium is subject to VAT 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).
(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 3 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
(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 3 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 AND TELEPHONE 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
and in writing execute bids on their behalf or by telephone. 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.
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.
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as
defined) may be returned to us by you within 21 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.
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
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.
ENDANGERED SPECIES LAWS
Due to international laws, any item on the Endangered species list (i.e. Ivory, Rhino horn
etc.), whether it dates from the 18th/19th Century or the 1930s, requires re-export permits
for bidders outside the EU (CITES). Some countries also require import permits as well and
all permits must be in place prior to shipment. Mallams cannot be held liable if a purchaser
buys a lot that comes within this field and then import/export licences cannot be arranged.
Certain countries, particularly the USA, have their own Endangered Species Act (USESA)
and possession or being involved in a commercial transaction with any item on this list can
be an offence for a US resident. Therefore, it is the potential buyers responsibility to check
Federal regulations before bidding for a lot, which comes under these or similar regulations.
Please note no license is required to sell or advertise within the EU if items are pre-1947.
Mallams Fine Art Auctioneers offer an online bidding service via the-saleroom.com
for bidders who cannot attend the sale. In completing the bidder registration on
www.the-saleroom.com and providing your credit card details and unless alternative
arrangements are agreed with Mallams Fine Art Auctioneers, you:
1. authorise Mallams Fine Art auctioneers, if they so wish, to charge the credit card given in
part or full payment, including all fees, for items successfully purchased in the auction via
2. confirm that you are authorised to provide these credit card details to Mallams Fine Art
Auctioneers through www.the-saleroom.com and agree that Mallams Fine art
Auctioneers are entitled to ship the goods to the card holder name and card holder
address provided in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service
will be subject to an additional 3% commission charge + VAT at the rate
imposed on the hammer price.