Terms and Conditions

These notes are a guide to buying and selling at McTear’s. All auctions are held under these Terms and Conditions which are readily available on the premises and online. Understanding and following these Terms is the responsibility of the client. McTear’s staff will be happy to help if there is anything you do not fully understand.
All persons on McTear’s premises are there at their own risk and must ensure that they note the building plan and emergency exits. No McTear’s Director or employee will be liable for personal injury or death (unless caused directly by the negligence of McTear’s staff) or for the safety of personal property, including vehicles.

Definition of Terminology

“The Company” means Robt. McTear & Co. (Auctioneers) Ltd, ('McTear's'). “The buyer” means the person who is the accepted highest bidder for a lot and is deemed to have won the lot, and who agrees to pay the hammer price plus all commission charges. “The Seller” is the person who consigned an item for sale, who confirms that they are the rightful owner of an item until such time as the item is sold to the highest bidder. “Auctioneer” means the person conducting the auction. “You” and “Your” refer to the person dealing with the Company (buyer, bidder, seller, or person present in the auction room or via telephone/online service). “Lot” refers to the item or items won at auction by the buyer, or the item or items consigned for sale by the Seller. “Terms” means the terms and conditions as laid out in this document, subject to additional notes or amendments stated in the catalogue, on the Company website, or announced or displayed by the Auctioneer.

Returns Policy

Should any Lot be sold other than specifically described in terms of appearance or condition, authenticity or originality, the Buyer has 21 days from the date of sale to apply in writing for a refund of the purchase price. No refunds for purchases will be made after the 21 day period. Any refund will be for the purchase price including buyers premiums and vat only. Any transport or ancillary costs will not be reimbursed.



FOR BUYERS

1. Title

The Company acts at all times in the sale of goods as agents of the Seller of the Lots put up for auction only, and are not responsible for any default by either the Buyer or the Seller. As McTear's act as agent only, title to the goods at no time passes to McTear's and accordingly they are not liable for any fault in connection with the goods. The Seller shall indemnify McTear's against any claims in connection with any goods sold by McTear's on their behalf.
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.
McTear’s offers more than 50,000 items through auction each year and will never knowingly accept Lots where there may be a doubt as to the validity or the legitimacy of the Seller’s right to sell. However, it should be noted that McTear’s (as with any auction company) simply acts as an agent of the Seller and, as such, our liability to claims by a Buyer terminates 21 days after the auction date.

2. Estimates

An Estimate is given as a guide to the price likely to be achieved by a Lot, and as such should not be relied upon as a definite figure. Estimates are subject to change up to the sale of the relevant Lot(s). Reserve prices are not disclosed, though the lower estimate may represent the reserve price. The lower estimate will not usually be below the reserve price. Estimates do not include the Buyer’s Premium or VAT (where applicable).

3. Buyer's Premium

Buyer’s Premium (or Commission) of 18% of the hammer price plus VAT thereon is payable for each Lot purchased.

4. VAT

The ¥ symbol next to a lot number indicates that VAT is payable by the buyer at the standard rate on the day of the auction on the hammer price as well as being payable on the Buyer's Premium. This charge is liable in accordance with the European Union VAT registration or due to importation fees.

5. Droit de Suite

Certain items incur a Droit de Suite charge (which will be indicated in catalogues with the * symbol with explanation clearly stated). Under Droit de Suite or Artist's Re-sale Rights legislation, auctioneers and art market professionals are required to collect royalty payments for works of art by living artists and artists deceased within the previous 70 years, sold above the hammer price of 1000 euros, which is approximately £840 (at the time of printing). The royalty of 4% of the hammer price is charged to the Buyer, in addition to the Buyer’s Premium and is not subject to VAT. All royalty charges are paid to the Design and Artists Copyrights Society (DACS) and no handling costs or additional fees are retained by McTear's. Please check with the Auctioneer if you are unsure whether this royalty is payable on any Lot that you are considering bidding for. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale.

Where the artist is the seller (which is often the case in The Scottish Contemporary Art Auctions in particular) there is no Droit de Suite liability.

6. Catalogue Descriptions and Condition Reports

As agents for the Seller, McTear’s relies on information from the Seller concerning a Lot. While we do provide catalogue descriptions of Lots, it is the responsibility of the Buyer to inspect the Lot and ascertain condition. There is ample opportunity to view and inspect Lots. Where there is no mention of condition in the catalogue description, this is not an indication of perfect condition. Where the Buyer is unable to inspect the Lot in person, a condition report should be requested to ascertain condition. Requests must be received by 9am the day prior to the sale. Where a condition report is not requested and the Buyer subsequently detects damage, McTear’s is not obliged to give a refund. Should there be a major error on the part of McTear’s in cataloguing a Lot, a refund will usually be made. Lots mis-described because they are 'deliberate forgeries' may be returned and a refund will usually be made however, there is an absolute 21 day time limit (see Returns Policy). A 'deliberate forgery' refers to an object being purposefully treated/constructed/or otherwise handled with the intention of deceiving as to its true age/condition/materials/origin/etc.

7. Pictures – Catalogue Descriptions, Authenticity and Condition Reports Terminology

Full artist’s name: In our considered opinion, a work by the named artist.
Attributed to: In our opinion, very likely a work by the named artist.
Studio of: In our opinion, probably a work by a student of the named artist and possibly under the direction of the named artist.
Manner of: In our opinion, a work which is in the style of the named artist but not necessarily by a student or associate of the named artist.
After: In our opinion, a later work, sometimes a copy of a specific work by the named artist which may or may not be authorised.
Only when the artist’s full name is catalogued without “Attributed to, Studio of, Manner of or After” (or any other qualification) is the authenticity of the work guaranteed by McTear’s. The extent of this guarantee is 21 days from the auction date and any enquiry regarding authenticity must be notified to McTear’s in writing within 21 days of the auction date. Beyond this 21 day period, no challenge to authenticity will be valid. Any refund (at McTear’s discretion) will be limited to the hammer price paid plus commission and VAT. No transport costs or ancillary charges will be refunded.
Authenticity of even the best known of paintings can sometimes be a matter of conjecture and so-called ‘experts’ often disagree. The work of most artists varies considerably during their lifetime and whilst the style they may be best known for is usually relatively easy to identify, very early work is often more difficult to authenticate. McTear’s endeavours to catalogue Lots as accurately as possible and to resolve any dispute between Buyer and Seller with fairness and impartiality.
McTear’s will be happy to provide a written (email) condition report for any Lot with a value of £200 or more. Verbal condition reports can usually be provided for lesser value pictures. Whilst every effort is made to provide a comprehensive and accurate report, none of our staff is a qualified picture restorer and therefore any condition report offered should be accepted as an indication of any obvious issues or problems or the lack of them. Buyers are urged to satisfy themselves in respect of the condition of any Lot and McTear’s can provide contact details of local professional restorers who will provide fully comprehensive expert reports – usually for a modest charge.

8. Electrical Goods and Fire Safety

McTear’s does not sell electrical items as a general rule. Where electrical items do appear for sale there is no guarantee of working order or of electrical safety. These factors are the responsibility of the potential Buyers. Similarly, upholstered and fabric settees, sofas, and other soft furnishings must be examined by the Buyer prior to purchase to ascertain safety. McTear’s does not accept responsibility for the Buyer’s neglect to do so.

9. Export of Goods

It is the responsibility of the Buyer who intends to export items to determine whether a license is required to do so and to ensure that export of the item in question is permitted.

10. Registration and Bidding

Bidders are required to register their details with the Company in advance of the auction, and will if required complete all security checks before entering the auction room or bidding at a sale. McTear’s does not accept a mobile telephone number as the sole contact for a client. Photographic ID will be required to register as a new Buyer (driver’s license or passport).
A sale is complete when the Auctioneer announces its completion by the fall of the hammer but until such announcement is made the Buyer may retract his bid. The property in a Lot shall not pass to the Buyer until he/she has paid the purchase price in full but not withstanding that the property in the Lot has not passed, the risk or loss of damage to the Lot shall pass to the Buyer on the fall of the hammer. The Auctioneer may, without giving any reason therefore, decline to accept the bidding of any person or persons and/or withdraw the Lot from the Auction before the fall of the hammer. In the event of any dispute over any aspect of bidding, the Auctioneer shall have absolute discretion to settle such dispute.
Bidding increments shall be at the absolute discretion of the Auctioneer.
Upon the fall of the hammer the Buyer will present his/her buyer number to the Auctioneer and any employee of the Company who requests it, and if called upon to do so shall immediately pay to McTear's such proportion of the purchase price as the Company may require. The purchase money must be paid in full within seven days, and no Lots shall be removed until all purchase money has been paid. The Buyer shall pay the hammer price together with a premium of 18% of the hammer price plus VAT thereon.
If the Buyer has not paid for the Lot or Lots purchased within seven days of the sale, he shall be deemed to have received notice of McTear's intention to re-sell the Lot in terms of Section 48(3) of the Sale of Goods Act 1979. If at the expiry of a further seven day period McTear's has not received the purchase price, they may re-offer the Lot for auction. If upon such a re-sale a lower price is obtained for any such Lots than was obtained on the first sale, the difference in price shall be a debt due from the Buyer. Interest shall be charged at Bank of Scotland Base Lending Rate on any purchase monies outstanding after such period until the goods are re-sold.
The Auctioneer or a Company employee can bid on your behalf, but neither the Company nor the Auctioneer will be responsible for failure to do so. Where identical commission bids are received for a Lot, the Auctioneer reserves the right to give priority to the first recorded bid.
McTear’s reserves the right to refuse bidding by You until all outstanding debts owed by You to the Company are settled.

11. Commission Bidding and Telephone Bidding

The Terms as laid out in point 10 apply to commission and telephone bidders.
Commission bids and requests for telephone bidding must be received by McTear’s by 9am on the day of the sale. Commission bids do not include Buyer’s Premium. Those instructing commission and telephone bidding are deemed to have read and accepted McTear’s Terms and Conditions. Commission and telephone bidding are free services offered by McTear’s and the Company accepts no responsibility for failing to execute a bid or any errors connected to it. Telephone bidders should provide two telephone numbers. There is a limit to the number of telephone lines available for each Lot and interested parties are advised to submit requests as early as possible to avoid disappointment. By requesting a telephone bidding facility, in normal circumstances, you oblige yourself to being willing to start the bidding (if called upon to do so) at 10% lower than the low estimate figure shown in the catalogue for the lot in question.



12. Live Online Bidding

The Terms as laid out in point 10 apply to online bidders.
McTear’s Live Auctions allows online bidding in real time with the auction. Lots purchased online are subject to an additional 3% of the hammer price plus VAT thereon. Identification details and credit card details will be required to register for online bidding. These card details will be used to pay all charges immediately following the auction. Registration must be completed by 9am on the day of the sale. McTear’s reserves the right to approve or otherwise bidders for the Live Auctions. Bidders are required to read the terms and conditions of ATG Media, which can be found at www.the-saleroom.com. Bidding using this service is the responsibility of the Buyer and clicking the Bid button is a commitment to buy and pay in full the relevant Lot. McTear’s will not be held responsible for failure of the online bidding service or for incorrect information provided by the-saleroom.com.

13. Methods of Payment

Prospective Buyers new to McTear’s may be asked to supply bank references prior to the auction. Payment for purchased Lot(s) must be made by the registered Buyer; payment by a third party will be refused. Payment for goods bought at auction must be made within three business days (days on which the major banks in Scotland are trading). Payments may be made in cash (up to £10,000), Switch, Debit or credit card (up to £7000, please note credit card transactions incur a 2% plus VAT charge). The Company does not accept American Express. Cheques are accepted where a cheque guarantee card accompanies it. In the case that a cheque guarantee card is not provided, or the value of the cheque is not covered by a guarantee card, the goods will not be released until the cheque has cleared (which may take up to seven days). Payments can be made by debit and credit card “in person” but card payments are only accepted by phone from known or regular buyers and all others should use the secure online facility at mctears.co.uk/payments . Payments can also be made by bank transfer (details available from the Company). The Company and Auctioneer reserve the right to reject bids by You until outstanding debts to the Company have been cleared. Buyers should contact their bank to arrange credit approval prior to the sale. Title of the Lot transfers to the Buyer once payment is made. McTear’s does not accept responsibility for damage to any Lot, unless specifically caused by the negligence of staff.

14. Collection and Storage

Goods will be released only to the registered Buyer. Collection by courier/carriers will only be permitted upon receipt of written instruction from the Buyer and with the agreement of the Company. Collections by taxis or unauthorised individuals will be refused. You shall at your own risk and expense remove items purchased within seven days of the auction, after which time the Company reserves the right to hold You liable for charges in storing the item(s) on the premises or for expenses incurred by the Company for storage of the item(s) at a facility outwith the premises. (After seven days from the auction date, a £10 handling charge per item may apply, followed by a £5 per item per day storage fee, all plus VAT.) Responsibility for an item(s) held at an outside facility lies with the Buyer and not with the Company and the Company shall not be responsible for damage or loss. Items not paid and collected within seven days of the sale date may be re-sold by the Company (and any financial loss sustained by the Company will be settled by You) or disposed of at the Company’s discretion. Any financial surplus will belong to the Company.
The Company will not be held liable in any way for the safe keeping of any Lot(s) sold or unsold, paid or unpaid, if uncollected within one calendar month of the auction date.

15. Shipping

McTear’s offers shipping of items. The Buyer must instruct shipping in writing and confirm the delivery address. While every effort is made to pack appropriately, McTear’s takes no responsibility for damage to items which occurs once items leave our premises. Charges are available on request.

16. Non-payment of Items

The Company reserves the right to direct any proceeds of sale from other lots due to You (past or future sales) towards the settlement of amounts due to the Company, or to retain any proceeds to cover costs incurred by the Company.
Where a Buyer refuses to make payment, McTear’s reserves the right to proceed against the Buyer for breach of contract, pursuing all monies due and expenses incurred by the Company in so doing.