A Peruvian Terracotta Mochica Flask

TERMS & CONDITIONS

The Old Boys School, Gretton Road, Winchcombe, Cheltenham, Gloucestershire, GL54 5EE
+44 (0)1242 603005 • admin@bespokeauctions.co.uk • www.bespokeauctions.co.uk

Third Party Liability
Every person on British Bespoke Ltd premises at any time shall be deemed to be there at his/her own risk.
S/he shall have no claim against British Bespoke Ltd in respect of any accident which may occur or injury, or
damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct
negligence of British Bespoke Ltd employees.

General Conditions of Sale
1. Classification
In these Conditions, British Bespoke Ltd , who act only as Auctioneers and Agents for the Vendor, are called
‘the Auctioneers’ and the representative of British Bespoke Ltd conducting the auction is called ‘the Auctioneer’.
The ‘hammer price’ means the price at which a lot is knocked down by the Auctioneer to the Buyer. The ‘total
amount due’ means the hammer price in respect of the lot sold together with any premium and Value Added
Tax chargeable, and additional charges & expenses due from a defaulting buyer under Condition 10 below.
2. General
(a) Agency. The Auctioneer sells as Agent for the Seller and as such is not responsible for any default by Seller
or Buyer. The Auctioneers do not guarantee the title of any Lot or Lots sold by them and will not be responsible
for any defects in such title. They accept no responsibility in connection with the commissioning of members
of their staff to bid for Lots on behalf of intending Purchasers.
(b) Description. Every Lot is sold with all faults and errors of description and the Auctioneers disclaim, for
themselves and for the Seller, all responsibility for authenticity, attribution, age, origin, provenance, date,
condition, quality or estimated selling price. All statements on such matters, whether printed in the catalogue
or made orally, are statements of opinion and not representations of fact. Buyers are deemed to have satisfied
themselves on authenticity, condition, etc., before bidding and no-one in the Auctioneer’s employment has
authority to make any representation of fact. All statements in the catalogue as to any such matters are
statements of opinion and are not to be taken as, or as implying, statements or representations of fact.
(c) Bidding. The Auctioneer has absolute discretion to divide any Lot, to combine any two or more Lots, to
withdraw any Lot, to refuse bids, to regulate the bidding or cancel the sale without in any case giving any
reason. S/he may bid on the Seller’s behalf for all goods which are being offered subject to reserve or at the
Auctioneer’s discretion. Where there is no reserve either the Seller or his/her Agent (who may be the Auctioneer)
has the right to bid on the Seller’s goods. All intending purchasers must register their name & address
with the auction staff and obtain a bidding number.
(d) Fall of the Hammer. The highest Bidder shall be the Buyer. If any dispute arises, the Auctioneer has
absolute discretion to settle the dispute or to re-offer the Lot.
(e) Auctioneer’s Statement. All Conditions, Notices, descriptions, statements and other matters in the
catalogue and elsewhere concerning any Lot are subject to any statements modifying or affecting the same
made by the Auctioneer from the rostrum before accepting any bid for the Lot.
(f) Increments. Bidding increments shall be at the Auctioneer’s sole discretion
(g) Entry. We shall have the right at our discretion, to refuse admission to our premises or attendance at our
auctions by any person.
(h) Endangered Species Laws. In accordance with international laws, any item on the Endangered Species List
(eg ivory, rhino horn, etc), of whatever date, requires re-export permits for bidders outside the European Union.
Some countries also require import permits. British Bespoke Ltd cannot be held liable if a purchaser buys a lot
subject to these laws and then import / export licences cannot be arranged. Certain countries, particularly the
USA, have their own Endangered Species Act and possession of, or being involved in a commercial transaction
with, any item on this list can be a Criminal Offence for a citizen of such a country. It is the potential buyer’s
responsibility to check Federal, or other, Regulations before bidding on any lot affected by these or similar
regulations. (No licence is required to sell or advertise pre-1947 items within the European Union).
(i) Special Jewellery Notices. Some lots are accompanied by gemological certificates giving an opinion on some
or all of the gemstones in that particular lot. These certificates may have been obtained by British Bespoke or
supplied by vendors. Please note that the content of these certificates is not guaranteed by British Bespoke
and we cannot be held responsible for any disagreement over the content of certificates after the sale, or for
a retrospective change in opinion by the providers of any of the certificates. Gemstones and jade of Burmese
origin are not permitted for import by The United States of America.
Conditions Mainly Concerning Buyers
3. Premium
The Buyer shall pay to British Bespoke Ltd the hammer price together with a premium (at the rate detailed
below) together with Value Added Tax at the standard rate on the premium, agrees that the Auctioneers, when
acting as Agents for the Seller, may also receive commission from the Seller in accordance with Condition 23
and acknowledges the Auctioneer’s right to retain the premium payable by the Purchaser.
Rates of premium for buyers are: (i) for general sales – 19% on the first £250,000 paid for each
lot; 14% on the excess between £250,001 and £500,000; 11.5% on the excess between £500,001
and £1,000,000; 9% on the excess over £1,000,000; (ii) for specialist sales – 20% on the first
£250,000 paid for each lot; 15% on the excess between £250,001 and £500,000; 12.5% on the
excess between £500,001 and £1,000,000; 10% on the excess over £1,000,000.
4. Live Internet Bidding
British Bespoke Ltd offer an on-line service via www.the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration agrees to British Bespoke Ltd payment terms. British Bespoke Ltd does
not hold card details left on record with the-saleroom.
Please note that any lots purchased via www.the-saleroom.com service will be subject to an additional
3% commission plus VAT at the rate imposed on the hammer price. The Buyer agrees that the
Auctioneers, when acting as Agents for the Seller, may also receive commission from the Seller in accordance,
and acknowledges the Auctioneer’s right to retain the premium payable by the Purchaser.
5. Value Added Tax
Lots marked with ‘*’ belong to registered persons and Value Added Tax will be charged at the standard rate
on the hammer price.
6. Payment
At the fall of the hammer the Buyer shall pay British Bespoke Ltd the total amount due within 7 days, unless
prior arrangements have been made with the Auctioneers. In default the Lot or Lots so purchased may be
immediately put up again and re-sold. Proof of identity is required from all first-time Bidders, which may include
a copy of a current passport. British Bespoke Ltd accept payments by Cash and Debit Cards without
charge. Cheques are accepted by prior arrangement only and will require clearance before goods are taken.
We regret that we do not accept Credit Card payments nor PayPal transfers.
7. Inspection
Each Buyer by making a bid for a Lot acknowledges that s/he has satisfied him/herself fully before bidding by
inspection or otherwise as to all the sale conditions, the physical condition of and description of the Lot including
but not restricted to whether the Lot is damaged or has been repaired or restored.
8. Ownership
The ownership of the Lot purchased shall not pass to the Buyer until s/he has made payment in full to the
Auctioneers of the total amount due, but each Lot is at the sole risk of the Buyer from the fall of the hammer.
9. Removal of Purchases
No purchase shall be claimed or removed until the Buyer’s account has been paid in full. All Lots shall be paid
for and removed at the Buyer’s risk & expense by the time stipulated in the catalogue. Failing this the Auctioneers
shall not be responsible if Lots are lost, stolen, damaged or destroyed and all Lots not so removed shall
remain at the risk of the Buyer. The Buyer shall be responsible for any removal, storage and loss or waiver
charges on any Lot not taken away by the time stipulated. All damage done to the premises or to any Lots by
the removal of any of the goods shall be paid for by the Purchaser of the goods. No Lots can on any account
be transferred to another Purchaser.
10. Packaging and Handling
British Bespoke Auctions wherever possible include on the invoice a charge for packing and shipping the lots
purchased. Packing is undertaken in-house and shipment is made usually by The Royal Mail. Insurance cover
can be included. Buyers accept full responsibility for any damage or loss during transit. The packing and
handling of purchased Lots by the Auctioneer’s staff are undertaken solely as a courtesy to clients. In no event
will the Auctioneers be held responsible for damage incurred by their packing or handling of sold Lots.
11. Default
Any Lots not paid for and collected by the time stipulated may be removed for storage, the charge to be
payable by the Buyer. If they are not paid for and collected within seven days of the sale, the Auctioneer may
re-sell them by auction or privately without notice to the Buyer. The deficiency, if any, attending such re-sale
together with warehouse and other charges shall be made good by the defaulter at this sale together with
interest at 2% above Lloyds Bank plc base rate upon the price of any Lot which has not been paid for within
48 hours of the sale. Any money deposited in part-payment shall be held by the Auctioneers on account of any
liability of the defaulter to them or to the Seller.
12. Commission Bids
Commissions given other than in person (eg by telephone) are accepted at the sender’s risk and must be confirmed
either in writing or by telephone. Telephone bidding is a free service, subject to a minimum bid of £150.
British Bespoke Ltd holds no responsibility for wrong bids put on the book either on the side of the Buyer or
Seller.
13. Principal
Every Bidder shall be deemed to act as principal unless the Auctioneers acknowledge in writing that s/he acts
as Agent on behalf of a named principal.
14. Forgeries
Notwithstanding any other terms of these Conditions, if within fourteen days after the sale, British Bespoke Ltd
receive from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within
twenty-one days after such notification the Buyer returns the same to the Auctioneers in the same condition
as at the time of sale and by producing evidence, the burden of proof to be upon the Buyer, satisfies the
Auctioneer that considered in the light of the entry in the catalogue the Lot is a deliberate forgery, then the sale
of the Lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the
matter shall be settled by arbitration, the Arbitrator to be nominated by the President of the Royal Institution
of Chartered Surveyors. Both the Buyer and the Vendor agree to be bound by the decision. A Buyer’s claim
under this Condition shall be limited to any amount paid in respect of the Lot and shall not extend to any loss
or damage suffered or expense incurred by him/her. The benefit of this Condition shall not be assignable and
shall rest solely and exclusively in the original Buyer.

010118