Late 19thC Neopolitan School - a pair of

1 Every Sale and these Conditions of Sale shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of English Courts

2 The Company acts as Agents only in respect of goods delivered for the purpose of sale and herein shall be known as the Auctioneers'. Persons instructing the Company to sell goods are herein known as `Vendors'. Persons who have acquired lots offered for sale by the Auctioneers are herein known as `Buyers'

3 All persons attending a Sale under the conduct of the Auctioneers whether at their Sale Rooms or elsewhere - shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principals in respect of the cancellation/postponement of a Sale or any loss, accident or injury, however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Company

4 Persons handling lots do so at their own risk and shall make good all to or damage howsoever sustained; such estimate of cost to be assessed by the Auctioneers whose decision shall be final

5 The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity but except where specifically instructed so to certify by a Vendor, declare that all statements, oral or in writing, are those of opinion only, made without responsibility and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Buyer, against any Vendor, the Auctioneers or their employees

6 Many lots are of an age or nature which preclude their being in pristine condition. Some catalogue descriptions may make reference to damage and/or restoration; however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others

7 Buyers should therefore satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general description as lots are sold in their actual state with all faults, imperfections or errors of description This condition shall particularly apply to absentee Buyers who should not rely upon third party reports, be they made by Auctioneers or others; as misdescriptions and/or failure to discern the condition of lots shall not allow entitlement to compensation or recision of a sale.

8 Electrical/mechanical goods are sold on the strict understanding that these are untested, without warranties or any guarantees as to serviceability or working order

9 In making a bid, Buyers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description and condition of lots

10 Lots are sold subject to any announcement, declaration, alteration of description or other matters, made by the Auctioneers prior to the invitation of bids

11 At the fall of the hammer, the highest bidder, acceptable to the Auctioneers, shall be the Buyer and any dispute shall be settled by the Auctioneers, whose decision shall be absolute and final

12 No lots shall be transferred

13 The Auctioneers may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the Vendor, where there is a reserve price or at their authorised discretion

14 The Buyer shall give his name (and permanent place of abode, if demanded) and upon failure to do so, the Auctioneers may offer the lots again, at their sole discretion

15 As Agents only, the Auctioneers shall not be responsible for default on the part of the Vendors or Buyers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneers, in appropriate circumstances, to enforce the Sale Contract if they think fit

16 The Contract of Sale is made with the Auctioneers, as Agents for the Vendor and payment shall only be made to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Buyer until full payment has been received

17. Cheques are not accepted as a method of payment; which shall be in cash , credit card (subject to a small surcharge); debit card or electronic bank transfer (subject to the payment of any bank charges)

18 At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Buyer, including those of fire, burglary, etc., and damage occasioned to lots by the removal of other goods

19 Buyers shall pay for and remove lots at their own risk and expense immediately following the Sale; after such time they shall be subject to a daily charge per lot to cover storage and where applicable, interest on outstanding accounts will be levied at 4% above Lloyds Bank Minimum Lending Rate. Such additional charges being subject to the foregoing conditions regulating payment and no lots shall be released to a Buyer until any excess charges have been paid. In any event, the Auctioneers reserve the right to resell uncollected lots by auction or private treaty or alternatively, warehouse goods at a Buyer's expense. In all cases, the Auctioneers may act without notice and any incidental expenses incurred will become a liability to the defaulter

20 Notwithstanding any other terms in these Conditions of Sale, if within seven days of the Sale, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or similar printed matter) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers in the same condition as it was at the time of the Sale - and by producing evidence, the burden of proof to be upon the Buyer satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund the purchase price received by them. This benefit is not assignable In the context of this guarantee, a `deliberate forgery' means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Sale had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Sale was in accordance with the then general opinion of experts or fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right informing their opinion to consult and rely upon any expert or authority considered by them to be reliable

21 The Auctioneers are prepared to accept commission bids on behalf of intending Buyers, unable to attend at the time of the Sale, (but bids of less than &10 will not be accepted) providing requests are made in writing and up to half an hour before the commencement of a Sale and given to the Auctioneers. This service is undertaken free of charge but without responsibility

22 If an asterisk precedes any lot number, VAT will also be payable on the whole hammer price

23 A Buyers Premium of 15% is levied on each lot.