RUPERT TOOVEY & CO LTD, TRADING AS TOOVEY’S

TERMS OF SALE BY AUCTION AND CONDITIONS OF BUSINESS
MAINLY CONCERNING BIDDERS AND BUYERS

1. A Buyer’s Premium of 22.5% plus VAT on the hammer price is payable on all purchased lots. (The VAT rate may alter and will be levied at the appropriate rate.) Any lots marked with an asterisk (*) will, in addition, be subject to VAT at the appropriate rate on the hammer price.

(i). Online Bidding. Rupert Toovey & Co Ltd 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, unless alternative arrangements are agreed with Rupert Toovey & Co Ltd, you:

1. authorise Rupert Toovey & Co Ltd, 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 the-saleroom.com, and

2. confirm that you are authorised to provide these credit card details to Rupert Toovey & Co Ltd through www.the-saleroom.com and agree that your carrier is 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

2. Payment for all purchased lots must be made by the Wednesday following the sale. After this period, the Auctioneers reserve the right to cancel any sale at their sole discretion or to re-offer lots for which payment has not been received in a future sale without reserve. In this latter event, the original bidder will be held liable for any shortfall between the selling price at re-offer, plus expenses, and the total amount due on their unpaid account.

3. Methods of payment accepted and conditions attached thereto are detailed in ‘IMPORTANT NOTICE TO BIDDERS AND BUYERS’ below.

4. No lots may be cleared whilst the auction is in progress. Payments, however, may be made to the cashiers in the Accounts Department whilst the auction is in progress.

5. Lots purchased and paid for may be claimed and cleared at the conclusion of the sale. Lots will be released only on production of a release slip receipted by the Accounts Department. Ownership of a purchased lot shall not pass to a buyer until full payment of the ‘total amount due’ has been made to the Auctioneers.

6. Free storage of all purchased lots will be provided for three working days following the sale; thereafter a storage and handling charge of £5.00 plus VAT per lot per day will be levied upon the buyer, as will all carriage charges incurred by the Auctioneers in having goods removed to storage.

7. In reference to Condition 6, all purchased lots uncollected within three working days of the sale will be transferred to the storage facilities of Messrs G.A. Lomer & Son Ltd, 17 King Stone Avenue, Steyning, West Sussex BN44 3FJ and will be subject to the charges outlined in Condition 6. No lots will be released until carriage and storage charges have been paid in full.

8. Bidding -

(i) Bidders. By participating in this sale, the bidder agrees to be bound by Rupert Toovey & Co. Ltd.’s Conditions of Business. Any buyer acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all arising obligations and liabilities, with the exception of the Auctioneers where they are acting on behalf of commission or other bidders.

(ii) Paddles. All intending bidders are required to register for a paddle bidding number with the Accounts Department prior to the auction. Bidders new to the salerooms will be required to complete a paddle registration form available at the Accounts Office and will be required to present proof of identity, proof of address and details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. The Auctioneer will not accept bids from a bidder in the room who has not registered for a paddle number. When a buyer is successful, the buyer will hold the paddle aloft and the Auctioneer will record the paddle number as the buyer of the lot.

(iii) Commission Bids. Any person unable to attend the auction may request the Auctioneer to bid on their behalf. Bidding forms will be available for clients to complete and hand in at the Accounts Office. All commission bidders will be required to supply details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. Commission bidders may also be required to provide proof of identity and address. Commission bidders are urged to ascertain whether or not they have been successful on the day of the sale or on the Monday following the sale. Lots will be purchased by the Auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. ‘Buy’ bids will not be accepted by the Auctioneers. It is the commission bidder’s responsibility to complete the bidding form correctly and they are urged, therefore, to ensure that the correct lot number(s) and price(s) are recorded. The Auctioneers do not accept responsibility for any consequences arising from neglect or default in executing or failure to execute commission bids.

(iv) Telephone Bids. Any person unable to attend the auction may request to bid on a lot by telephone. This facility is only available by prior arrangement with the Auctioneers, is dependent on the availability of telephone lines, and is only available on lots carrying a lower estimate of at least £300 (e.g. catalogue estimate £300-500). All telephone bidders will be required to supply details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. Telephone bidders may also be required to provide proof of identity and address. The Auctioneers do not accept responsibility for any consequences arising from neglect or default in executing or failure to execute telephone bids.

(v) Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Rupert Toovey & Co. Ltd. are not liable for any errors or omissions contained therein.

(vi) In the case of a dispute, the Auctioneers reserve the right to re-offer any lot.

(vii) The bidding increments will be at the sole discretion of the Auctioneer.

(viii) Responsibility for risk, loss or damage to any lot falls to the bidder upon the fall of the hammer or, if the lot is purchased privately, to the purchaser on the day when the contract is made. The Auctioneers are not liable for any loss or damage occurring to a lot during clearing. Buyers may accept assistance from Rupert Toovey & Co. Ltd. staff members during clearing, but any loss or damage occurring to lots will be at the buyers’ risk.

9. Liability of Auctioneers and Sellers –

(i) Goods sold are not new and all goods are sold with all faults and imperfections and errors of description. Illustrations in the catalogue and any other illustrations provided are for identification only; colours and appearance may differ to the actual item(s) due to the limitations of the printing process.

(ii) Bidders should prior to the sale satisfy themselves as to the condition of each lot and whether or not in their own judgment the lot accords with the description.

(iii) Neither the Auctioneers nor the seller, nor their servants and agents, are responsible for errors of description or for the authenticity of any lot.

(iv) Neither the Auctioneers nor the seller, nor their servants and agents, give any warranty whatsoever other than hereinafter contained to any buyer in respect of any lot; any express or implied conditions or warranties are hereby excluded.

10. Rupert Toovey & Co. Ltd. reserves the right to reproduce illustrations and to publish sale results.

11. Electrical Goods. Goods offered for sale which were once operated by electricity may not comply with statutory requirements and are offered for sale for display and historical research purposes only; these goods are not suitable for connection to the mains electricity supply. It is imperative that anyone wishing to use these goods for their original purpose have them checked by a qualified electrician prior to such use.

12. Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:

(i) sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or lower estimate, whichever be the higher;

or (ii) hold that specific individual liable for the cost of restoration where appropriate;

or (iii) hold that specific individual liable for the full amount of the reserve price or lower estimate, whichever be the higher.

N.B. Except where full payment has been made under Condition 12(iii), title to the lot will remain solely with the seller.

13. Rupert Toovey & Co. Ltd. draw your attention to ‘GENERAL CONDITIONS AND DEFINITIONS APPLICABLE TO BIDDERS, BUYERS AND SELLERS’ and ‘IMPORTANT NOTICE TO BIDDERS AND BUYERS’ below.

14. Lots entered into this sale are subject to Reserve Prices.

15. Certain property sold at auction may be subject to laws governing export from the country where it was purchased and import into another country. It is the buyer’s responsibility to be aware of these restrictions and obtain any relevant licenses.

16. Rupert Toovey & Co. Ltd. reserve the right to amend any or all of their Terms and Conditions of Business at any time. Further details on request.

N.B. References to ‘The Auctioneer’ and ‘The Auctioneers’ include Rupert Toovey & Co. Ltd., its directors, employees, consultants, servants and agents.

GENERAL CONDITIONS AND DEFINITIONS

APPLICABLE TO BIDDERS, BUYERS AND SELLERS

1. The Auctioneer sells as agent for the seller and as such is not responsible for any default by seller or buyer.

2. Any representation or statement by the Auctioneers in any catalogue as to ownership, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only and the Auctioneers, their servants or agents hereby disclaim responsibility for the correctness of such opinions.

3. In these conditions:

(i) ‘Hammer Price’ means the price at which a lot is knocked down by the Auctioneer to the buyer.

(ii) ‘Balance Due’ means the hammer price in respect of the lot sold together with any premium, value added tax chargeable and additional charges and expenses, e.g. storage charges and insurance, in pounds sterling.

(iii) ‘Sale Proceeds’ means the net amount due to the seller being the hammer price of the lot sold less commission at the stated rate and expenses and any other amounts due to the Auctioneers from the seller.

4. The Auctioneer has the right at his absolute discretion without giving any reason to refuse any bid, to advance the bidding as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of a dispute, to put up any lot for auction again.

5. Rupert Toovey & Co. Ltd. at its absolute discretion has the right to refuse admission to its premises or attendance at its auctions by any person.

N.B. References to ‘The Auctioneer’ and ‘The Auctioneers’ include Rupert Toovey & Co. Ltd., its directors, employees, consultants, servants and agents.

IMPORTANT NOTICE TO BIDDERS AND BUYERS

1. Your attention is drawn to our terms and conditions.

2. We operate a Paddle Bidding System. All prospective purchasers intending to bid in the room must first obtain a bidding paddle from the office. All new prospective purchasers intending to bid in the room must complete a Paddle Registration Form to be handed to the office before the commencement of the sale in order to obtain a bidding paddle. Proof of identity, proof of address and valid credit or debit card details will be required from all new prospective purchasers.

3. A Buyer’s Premium at the rate of 22.5% plus VAT (27% inclusive of VAT) will be charged on the hammer price of each lot purchased.

4. We are pleased to execute commission bids for those unable to attend the sale. Commission Bidding Forms are available in the front reception and should be handed in to the office. Commission bids may also be left via our website, up to midnight on the day prior to the sale at the latest. We can also arrange for prospective purchasers to bid by telephone but prior arrangements must be made at least one day before the sale. Telephone bidding is subject to availability of telephone lines and is only available on lots carrying a lower catalogue estimate of at least £300 (e.g. catalogue estimate £300-500). Bids placed by telephone, fax, e-mail, via our website or via other websites are accepted only at the sender’s risk. We do not accept responsibility for any consequences arising from neglect or default in executing or failure to execute commission bids or telephone bids. Proof of identity, proof of address and/or valid credit or debit card details will be required from all commission and telephone bidders.

5. Whilst an indication of damage is given in some instances, an absence of such advice does not imply that a lot is free from defect. Prospective purchasers are advised to inspect in detail any lot on which they intend to bid, to satisfy themselves as to the condition of the lot and as to whether or not in their judgement the lot accords with the description. Our porters will be pleased to assist in making any lot more accessible for a detailed inspection.

6. Your attention is drawn to the Catalogue Amendments sheets available at the office and at the saleroom counters throughout view days and sale days. Descriptions and estimates of extra lots, entered in the sale subsequent to the catalogue going to press, and amendments to catalogue descriptions and/or estimates are advised on these sheets. As changes to catalogue descriptions and estimates are made throughout the week of the sale, it is important for prospective buyers to check the latest version of the Catalogue Amendments sheet prior to the sale for any changes which may affect lots on which they intend to bid.

7. Electrical Goods. Those lots in this sale which were once operated by electricity may not comply with statutory requirements and are offered for sale for display and historical research purposes only; these lots are not suitable for connection to the mains electricity supply. It is imperative that anyone wishing to use these goods for their original purpose have them checked by a qualified electrician prior to use.

8. Payment for all purchased lots must be made by 5.00 pm on the Wednesday following the sale at the latest. Payment is accepted in Pounds Sterling by cash, cheque, bank draft or telegraphic bank transfer. Purchasers will be held liable for any expenses arising from their method of payment. Goods paid for by cheque will not be released to clients unknown, or known clients at the auctioneers’ discretion, until their cheques have been cleared. Cheque clearance takes eight bank processing days from the day of paying-in.
Payment is also accepted by debit and credit cards bearing the ‘VISA’, ‘V PAY’, MasterCard’ and ‘Maestro’ symbols. A surcharge of 3% plus VAT (3.6% inclusive of VAT) of invoice total is payable by the buyer if paying by credit card or by V PAY card. There is no surcharge if payment is made by debit card, with the exception of V PAY.
Card-not-present transactions: the maximum debit or credit card payment accepted when the cardholder is not present is £2,500. Multiple card-not-present payments to cover an invoice total in excess of £2,500 are not accepted. Card-not-present transactions are subject to our compliance requirements and are only accepted from buyers whose cards are registered to a verifiable address in the United Kingdom. It is not possible to make card-not-present payments by V PAY card.

9. All purchased lots must be cleared from the saleroom by 5.00 pm on the Wednesday following the sale at the latest. No lots may be cleared without first being paid for in full. On sale days, clearing is not permitted whilst the auction is in progress, only at the conclusion of each morning and afternoon session. Thereafter, we are open for clearing on the Monday, Tuesday and Wednesday following the sale between 9.00 am and 5.00 pm. Any lots not collected by 5.00 pm on the Wednesday following the sale may be removed to store and be subject to removal expenses and storage charges payable by the buyer, as detailed in the conditions of business printed at the back of this catalogue. (Goods awaiting collection subject to cheque clearance may not incur storage charges during the cheque clearance period.)

10. Carriage of purchased lots. It is the buyer’s responsibility to arrange for the collection of purchases by a third-party carrier, if necessary, within the timescale detailed in (9) above. We do not provide a carriage service ourselves but, if required, we can provide contact details for third-party carriers who may be able to assist.

Packing & posting of purchased lots. We do not undertake either the packing or the despatch by post/courier/shipper of any purchased lots ourselves. Buyers requiring these services may choose to contact the specialist worldwide posting and shipping company Mail Boxes Etc., who can be contacted at Guildford (Tel: 01483 453131, E-mail: tom@mbeguildford.co.uk), Horsham (Tel: 01403 265005, E-mail: info@mbehorsham.co.uk) or Brighton (Tel: 01273 706020, E-mail: info@mbebrighton.co.uk).

No lots will be released to a third-party carrier without first being paid for in full.