Fine Art

by Augustus Online Auctions

10 Aug 2021 10:00 BST Live Webcast Auction

Important Information

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Terms & Conditions

Terms and Conditions of Sale – Definitions:

In these terms and conditions Augustus Online Auctions Ltd, who act as auctioneers and agents for the vendor, are called the Auctioneers and the representative of Augustus Online Auctions Ltd conducting the general auction is called the Auctioneer.

Terms and Conditions of Sale:

Whilst Augustus Online Auctions Ltd make every effort to ensure the accuracy of their catalogue descriptions, the following terms and conditions apply in all circumstances:
1) Each lot as described or divided or combined with another lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
2) Augustus Online Auctions Ltd do not accept any responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless instructed in writing by the Vendor so to certify and in such cases the Auctioneers do so as agents for the Vendor and are not themselves responsible for such claims.
3) All statements, whether online, in catalogues or made orally, as to any of the matters made above are statements of opinion and are not to be taken as being or implying any warranties or representations of fact by Augustus Online Auctions Ltd unless they have been instructed by the Vendor so to certify, and in such cases Augustus Online Auctions Ltd do so as agents of the Vendor and are themselves not responsible for such claims.
4) Any claim made under any Statute must be received in writing by the Auctioneers within ten days of the sale.

The Auction

5) The Auctioneer has absolute discretion to divide any lot, to combine two or more lots, or to withdraw any lot or lots from the sale, to refuse bids, to regulate the bidding, and to cancel the sale without giving reason or previous notice.
6) The Auctioneer may bid on behalf of the vendor for all goods that are being offered subject to the reserve or at the Auctioneer’s discretion.
7) The highest bidder shall be the Buyer except in the case of a dispute. If during the auction the Auctioneer considers a dispute has arisen, he/she has absolute discretion to settle it or to re-offer the lot.
8) The Auctioneer at his/her sole discretion determines the advances or bidding or whether to refuse a bid.
9) Each lot is put up for sale subject to any reserve placed by the Vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
10)Augustus Online Auctions Ltd always present a public auction with full viewing being made by strictly by appointment. Augustus Online Auctions Ltd offer a fully comprehensive condition report service ( as much as can be offered at the time and within governmental guidelines) upon request for any lot offered. It is recommended that this service is used due to the condition and age of antiques.

Augustus Online Auctions Ltd Terms & Conditions of Sale for Buyers

Terms and Conditions of Sale – Definitions:

In these terms and conditions Augustus Online Auctions Ltd, who act as auctioneers and agents for the vendor, are called the Auctioneers and the representative of Augustus Online Auctions Ltd conducting the general auction is called the Auctioneer.

Terms and Conditions of Sale:

Whilst Augustus Online Auctions Ltd make every effort to ensure the accuracy of their catalogue descriptions, the following terms and conditions apply in all circumstances:
1) Each lot as described or divided or combined with another lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
2) Augustus Online Auctions Ltd do not accept any responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless instructed in writing by the Vendor so to certify and in such cases the Auctioneers do so as agents for the Vendor and are not themselves responsible for such claims.
3) All statements, whether online, in catalogues or made orally, as to any of the matters made above are statements of opinion and are not to be taken as being or implying any warranties or representations of fact by Augustus Online Auctions Ltd unless they have been instructed by the Vendor so to certify, and in such cases Augustus Online Auctions Ltd do so as agents of the Vendor and are themselves not responsible for such claims.
4) Any claim made under any Statute must be received in writing by the Auctioneers within ten days of the sale.

The Auction

5) The Auctioneer has absolute discretion to divide any lot, to combine two or more lots, or to withdraw any lot or lots from the sale, to refuse bids, to regulate the bidding, and to cancel the sale without giving reason or previous notice.
6) The Auctioneer may bid on behalf of the vendor for all goods that are being offered subject to the reserve or at the Auctioneer’s discretion.
7) The highest bidder shall be the Buyer except in the case of a dispute. If during the auction the Auctioneer considers a dispute has arisen, he/she has absolute discretion to settle it or to re-offer the lot.
8) The Auctioneer at his/her sole discretion determines the advances or bidding or whether to refuse a bid.
9) Each lot is put up for sale subject to any reserve placed by the Vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
10)Augustus Online Auctions Ltd always present a public auction with full viewing being made by strictly by appointment. Augustus Online Auctions Ltd offer a fully comprehensive condition report service ( as much as can be offered at the time and within governmental guidelines) upon request for any lot offered. It is recommended that this service is used due to the condition and age of antiques.

 

Augustus Online Auctions Ltd Vendor Terms & Conditions of Sale

 

Definitions for the purpose of the Terms and Conditions of Sale:

 

a) The Company is the Auctioneers and the Vendor is the person instructing the Auctioneers to sell goods by auction.

b) The Purchaser is the person who has acquired goods at auction.

 

Terms and Conditions of Sale:

 

1) The Auctioneers’ Conditions of Sale are on display in the auction room and online at Augustus Online Auctions Ltd (www.augustusonlineauctions.com)and vendors are considered to have notice of these and to have agreed acceptance of the same when requesting the entry of goods for the sale in the auction.

2) Upon receipt of a completed Entry Form, the vendor will be notified of the appropriate auction date(s) with delivery instructions (where applicable). Subsequently altered instructions are at the Vendor’s risk unless confirmed in writing ( at least three days prior to the auction, preferably more)

3) The Auctioneers reserve the right to catalogue goods as they see fit, to determine in which sale these shall be included (e.g. Specialist) and to refuse any lots considered to be unsaleable or of negligible value.

4) The Auctioneers shall not be held responsible for any expenses or losses incurred for the postponement or cancellation of auctions, for whatever cause.

5) Vendors do not incur storage charges for goods held pending a sale.

6) The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of the Vendors or Purchasers.

7) The Auctioneers are not liable for faults or imperfections found with any lot for any errors of description made by the Vendor themselves or persons in the Vendor’s employment, but draw special attention to the Misrepresentation Act which reduces the protection normally given by the customary ‘Caveat Emptor’ clause in the Conditions of Sale which in some circumstances makes a Vendor liable to a purchaser in respect of disputed catalogue descriptions (even when made in good faith and innocently).

8) The Auctioneers will not accept electrical goods for sale unless these are almost new and/or the owner can assure the same are in working order. Some ‘Period’ equipment may be accepted for sale (e.g. Lights and Fittings) but will be sold as decorative only to comply with legislation.

9) The Vendor shall indemnify the Auctioneers against any claims in connection with goods sold on the Vendor’s instructions.

10) The Auctioneers disclaim responsibility for all loss or damage to goods or for unauthorised removal of the same unless directly the result of negligence on the part of their employees.

11) Unless otherwise instructed in writing, all goods on the Auctioneers’ premises and in their custody will be held insured against the risks of fire, burglary and water damage (but not accidental damage or breakage). The value of goods so covered shall be the gross amount realised or in the case of unsold lots, the best bid made or the reserve price when the latter has been fixed.

12) All items offered for sale will be subject to the Auctioneers’ discretionary margin of 10% of the set reserve price. Unreserved goods withdrawn prior to or awaiting sale will be valued by the Auctioneers at their absolute discretion as to their estimate of auction value.

13) Vendors’ Commission is charged on the hammer price at the rate of 16% plus 1.5% for insurance cover plus a lotting fee of £8 per lot per auction. These charges covers all lotting expenses, catalogue entry, online listings and illustration. This comprises all charges except removal, storage ( where applicable), repair, and advertising (where applicable and agreed). The Auctioneers reserve the right to collect the appropriate lotting fee with the entry form prior to each submission for auction.

14) Unsold goods will attract a lotting fee plus 1.5% insurance charge (based on the reserve price or lower estimate) plus expenses where applicable. Goods withdrawn prior to sale but after cataloguing, valuation or repairs will attract a charge at the rate of 15% of the value based upon the reserve price(s) or valuation provided by the auctioneers (plus expenses where applicable) which shall be binding upon the vendor. This will be levied in addition to the lotting fee and the insurance charge. Goods cannot be withdrawn within three working days of commencement of the sale without the agreement of the Auctioneers.

15) Payment (without interest) will usually be made to the Vendor approximately 30 days following the sale after the deduction of premium, commission, VAT, Insurance, lot fees and expenses (where applicable) provided that full payment has been received from the purchaser.

16) Notwithstanding any other of these Terms and Conditions, if within 10 days of the sale of any lot the Purchaser gives written notice to the Auctioneer that in his or her opinion it is a deliberate forgery (as defined below) and within 14 days of such notice, returns the lot to the Auctioneers in the sale condition as it was at the time of sale and by producing evidence (the burden of proof being with the purchaser) satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers will rescind the sale and refund the purchase price received by them. This benefit is not assignable. The vendor will also be bound by this condition. N.B. In the context of this guarantee ‘a deliberate forgery’ means a lot made with the intention to deceive when considered in the light of the catalogue entry and which at the date of sale had a value substantially less than it would have had if it had been in accordance with the description. However there will be no right where the catalogue description 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 in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable.

17) A Vendor may place reserves on any lots (minimum £100) but unless instructed to the contrary all lots will be sold without reserve or at the Auctioneers’ discretion. Lots failing to reach reserve prices may be sold after the sale at or above the reserves or by agreement with the vendor. If a lot fails to sell at the initial auction it will be subject to a 10% reduction in lower estimate or reserve on each subsequent entry.

18) The Auctioneers reserve the right to dispose of all unsaleable lots which they consider to be of negligible value (not under reserve) without reference to the vendor and at the Vendor’s full expense including those which fail to comply with condition 5 herein. Unsold items requiring disposal will be subject to a disposal charge of £5 per item.

19) Vendors wishing to collect unsold items must give the Auctioneers a minimum of 3 working days’ notice prior to collection. Purchased items also require a minimum of 3 working days’ notice of collection from the Auctioneers. Goods remaining at the Auctioneer’s after a mutually agreed date of collection will be subject to a charge of £5 per day per lot. Continued failure to collect items may result in them being sold without further notice and without reserve to recover costs.

20) VAT (as applicable) will be levied on all fees, charges and expenses at the prevailing rate.

21) The Auctioneers must be notified in writing of all requests to change previously agreed reserves no later than 3 working days prior to the start of the sale.

22) Lots which fail to sell will automatically be re-entered into the next appropriate auction unless withdrawn by the Vendor and subsequently removed from the Auctioneers by 5.00 pm on the Friday of the following week from the auction date. Failure to remove items within the given time may result in lot(s) being re-offered for auction at the discretion of the Auctioneers or without reserve and without further notice to the Vendor in order to recover costs. The Vendor is liable for any disposal costs incurred.

23) The Auctioneers may offer a repair service and any agreed cost for work undertaken will be deducted from the net sale proceeds.

24) It is the responsibility of the vendor to monitor the progress of their items at auction.

25) Particular note will be taken of the latest CITES (the Convention on International Species of Wild Fauna and Flora) Act and may result in the Auctioneers being unable to accept certain items for sale.

26) The Auctioneers will refuse to accept lots which do not comply with the 1988 Trading Standards Regulations.