JOHN POWER A GEORGE III IRISH SILVER TABLE SPOON of fiddle pattern, Dublin 1815 engraved with a

Important Notices for Bidders

1. Introduction. The following informative notes are intended to

assist Buyers, particularly those inexperienced or new to our

salerooms. All sales are conducted on our printed Conditions

of Sale which are readily available for inspection and normally

accompany catalogues. Our staff will be happy to help you if there

is anything you do not fully understand.

2. Agency. 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.

3. Estimates. Estimates are designed to help buyers gauge what

sort of sum might be involved for the purchase of a particular lot.

The lower estimate may represent the reserve price and certainly

will not be above it. Estimates do not include the Buyer’s Premium

or VAT (where chargeable). Estimates are prepared some time

before the sale and may be altered by announcement before the

sale. They are in no sense definitive.

4. Buyer’s Premium. The Conditions of Sale oblige buyers to pay

a buyer’s premium at 17.5% plus VAT on the premium at the rate

imposed by law on the hammer price of each lot purchased.

5. VAT. (*) indicates that VAT is payable by the purchaser at the

standard rate on the hammer price as well as being an element in

the buyer’s premium. This imposition of VAT is likely to be because

the seller is registered for VAT within the European Union and is

not operating the Dealers Margin Scheme or because VAT is due

on importation into the UK. The double symbol (**) indicates that

the lot has been imported from outside the European Union and

the present position is that these lots are liable to a reduced rate of

VAT (5%) on the gross lot price (i.e. both the hammer price and the

buyer’s premium). Lots which appear without either of the above

symbols indicate that no VAT is payable on the hammer price.

This is because such lots are sold using the Auctioneers’ Margin

Scheme and it should be noted that the VAT added to the buyer’s

premium is not recoverable as input tax. The purchase invoice will

show the buyer’s premium as a VAT inclusive figure.

6. Purchasers Condition Reports. Purchasers are reminded to

carefully examine items prior to sale. Whilst the Auctioneers are

willing to give verbal condition reports these may not reveal certain

imperfections in any lot. The exact physical condition, the extent of

any defect, restoration or repair must be ascertained by intending

purchasers by thorough inspection of the lots prior to bidding at

the sale. The Auctioneers take no responsibility whatsoever for the

condition of any of the lots included in sales.

7. We are, primarily, agents for the seller. We are dependent on

information provided by the seller and whilst we may inspect lots

and act reasonably in taking a general view about them we are

normally unable to carry out a detailed or any examination of lots

in order to ascertain their condition in the way in which it would be

wise for a buyer to do. Intending buyers have ample opportunity

for inspection of goods and, therefore, accept responsibility for

inspecting and investigating lots in which they may be interested.

Please note carefully the exclusion of liability for the condition of

lots contained in the Conditions of Sale. Neither the seller nor we,

as the auctioneers, accept any responsibility for their condition.

In particular, mechanical objects of any age are not guaranteed

to be in working order. However, in so far as we have examined

the goods and make a representation about their condition, we

shall be liable for any defect which that examination ought to have

revealed to the auctioneer but which would not have been revealed

to the buyer had the buyer examined the goods. Additionally,

in specified circumstances lots misdescribed because they are

‘deliberate forgeries’ may be returned and repayment made.

There is a 3 week time limit. (The expression ‘deliberate forgery’ is

defined in our Conditions of Sale).

8. Electrical goods. These are sold as ‘antiques’ only and if

bought for use must be checked over for compliance with safety

regulations by a qualified electrician first.

9. Export of goods. Buyers intending to export goods should

ascertain (a) whether an export licence is required and (b) whether

there is any specific prohibition on importing goods of that

character because, e.g. they may contain prohibited materials

such as ivory. Ask us if you need help.

10. Bidding. Bidders may be required to register before the sale

commences and lots will be invoiced to the name and address on

the registration form. Some form of identification may be required

if you are unknown to us. Please enquire in advance about our

arrangements for telephone bidding.

11. Commission bidding. Commission bids may be left with the

auctioneers indicating the maximum amount to be bid excluding

buyers’ premium. They will be executed as cheaply as possible

having regard to the reserve (if any) and competing bids. If two

buyers submit identical commission bids the auctioneers may

prefer the first bid received. Please use our website to submit

commission bids.

Online Bidding. Bigwood Fine Art Auctioneers 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 and

unless alternative arrangements are agreed with Bigwood Fine Art

Auctioneers Ltd:

1. authorise Bigwood Fine Art Auctioneers 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 Bigwood Fine Art Auctioneers Ltd through

www.the-saleroom.com and agree that Bigwood Fine Art

Auctioneers Ltd 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.

Payment is accepted at the saleroom when the buyer is

present either by cash (up to £9000), debit or credit card

(subject to a 3% surcharge).

Absentee buyers are required to pay by BACS/On-line bank

transfer to our account. Sort code 09-07-20. Account 0522

8883. Absentee card payments ARE NOT ACCEPTED.

12. Purchases. In order to avoid delay in clearing purchases, buyers

who are unknown to us are advised to make arrangements,

before the sale, for payment or for references to be supplied. If

such arrangements are not made, cheques will be cleared before

purchases are made available for collection. Some credit cards

now accepted with a 3% surcharge on total invoice. Debit cards

accepted at no additional charge. Absentee card payments are

not accepted. Buyers are reminded that Bigwood Fine Art

Auctioneers Ltd. reserve the right to charge interest on all lots

which have not been cleared five working days following the

sale, together with storage charges at the minimum rate of £5.00

per item per week plus VAT. Purchasers are reminded to obtain

a bidding number from the Sale Room Office, no bids will be

accepted from purchasers without a buyers number.

13. Collection and storage. Please note what the Conditions of Sale

state about collection and storage. It is important that goods are

paid for and collected promptly. Any delay may involve the buyer

in paying storage charges.

14. Viewing. Sales are on view at least one day beforehand. Times

are given on our website. Estimates are printed in the catalogues

with each description, and the Sale Room Staff are always happy

to offer advice.

15. Potential Buyers. You are advised to check with the Sale Room

before travelling any distance, in case of last minute cancellations,

alterations or additional lots.

16. Starting Times and Bidding. Please check the sale starting time

and any withdrawals, as these will affect the time your lots come

up.

Auction speeds generally vary between approx. 100 to 150 lots to

the hour, but please check with the office. Please indicate clearly

that you are bidding by raising a catalogue or a hand.

17. Catalogues. Catalogues for forthcoming sales are available at the

office or by subscription. Forms are available from Reception or by

post.

18. Sale Dates. A calendar of forthcoming sales is available from

Bigwood Fine Art Auctioneers Ltd. and will be sent to clients

on request. Sales are also advertised in the Trade Journals and

Local Newspapers. You are invited to visit our website for sales

information and addendum information -

www.bigwoodauctioneers.co.uk

Conditions of Business of Bigwood Fine Art Auctioneers Ltd. (Bigwood)

Bigwood 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.

1. DEFINITIONS

In these Conditions:

(a) “auctioneer” means the firm of Bigwood Fine Art Auctioneers Ltd. (Bigwood)

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 Bigwood 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 below.

(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.

3. INCREMENTS

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 17.5%

plus VAT on the premium 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).

6. PAYMENT

Payment is accepted at the saleroom when the buyer is present either by cash (up to

£9000), debit or credit card (subject to a 3% surcharge). Absentee buyers are required

to pay by BACS/On-line bank transfer to our account. Sort code 09-07-20. Account

0522 8883. Absentee card payments ARE NOT ACCEPTED.

(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 remedies:

(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 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. 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.

Online Bidding

Bigwood Fine Art Auctioneers Ltd. offer an online bidding service via thesaleroom.

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 Bigwood Fine Art Auctioneers Ltd:

1. authorise Bigwood Fine Art Auctioneers 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 Bigwood Fine Art Auctioneers Ltd through www.the-saleroom.com and

agree that Bigwood Fine Art Auctioneers Ltd 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. Absentee card payments ARE NOT

ACCEPTED (see 6. Payment)

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.

12. AGENCY

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.

15. FORGERIES

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.

GENERAL

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 them.

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.