TERMS OF CONSIGNMENT
1. As Brown & Turner are auctioneers, they act at all times in the sale of goods as agents of the Seller of the Lots entered for auction only, and are not responsible for any default by either the Buyer or Seller.
As Brown & Turner act as agents only, title to the goods at no time passes to them and accordingly they are not liable for any fault in connection with the goods. The Seller shall indemnify Brown & Turner against any claims in connection with any goods sold by Brown & Turner on their behalf.
2. By delivering or entering goods to Brown & Turner for inclusion in their auction sales the Seller agrees to abide by these Terms of Consignment and the General Conditions of Sale.
3. All goods delivered to Brown & Turner’s premises are left at the Seller’s own risk. Brown & Turner disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by negligence of their employees.
4. (a) All goods are put for sale WITHOUT RESERVE unless written instructions as to reserves are received by Brown & Turner prior to commencement of sale.
Reserves given by telephone are accepted at sender’s risk and must be confirmed in writing forthwith.
(b) In the event of any reserve price not being reached at auction, Brown & Turner are empowered to sell after auction, by private treaty, at not less than the reserve price, as long as the goods remain on the Sale Premises. In the event of such a sale by private treaty the Conditions of Sale applicable to the Auction Sale will apply.
(c) The Auctioneers may sell lots below the reserve provided they account to you for the same proceeds as you would have received had the reserve been the hammer price. However, if you specifically give the Auctioneers a ‘discretion’ they may accept a bid of up to 10% below the formal reserve.
5. Sellers who consign for sale by auction, any chattel(s) which is an asset of their business must disclose to the Auctioneers whether or not they are registered for VAT purposes and, if so, their registered number and whether or not they intend to operate the special scheme covering works of art etc. This information must be supplied to the Auctioneers on or prior to delivery of the goods.
6. A commission rate of 15% of realization value of any lots will be charged to the Seller subject to a minimum applicable of £4.50 per lot. The fee for withdrawing a lot prior to the sale is 15% of the reserve (or Brown & Turner’s estimated value if no reserve has been arranged).
No commission will be charged on unsold lots where a reserve price has been accepted by the Auctioneers as being realistic.
7. All Sellers agree to assist the Auctioneers with accurate information as to provenance etc of goods where relevant. Under modern consumer legislation there is strict liability for the accuracy of descriptions and in some circumstances responsibility lies with the Sellers if inaccuracies occur. The Auctioneers will assume that you have approved the catalogue description of your lots unless informed to the contrary.
The Seller warrants to Brown & Turner and to the Buyer that he/she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims.
8. If an item is unsold it may, with the Seller’s consent be re-offered at a future sale. If, in the Auctioneers opinion an item is unsaleable the Seller must collect such items from the saleroom immediately on being informed otherwise storage charges may be incurred.
9. Items for sale must be consigned to the saleroom by any stated deadline and entirely at the Seller’s expense. The Auctioneers may be able to assist with this process but any liability incurred to a carrier for haulage charges is solely the responsibility of the Seller.
10. Following the sale, payment of the net sum due to the Seller will be made within 28 days of the sale.
The Seller also authorises any sums owed by them to Brown & Turner for any other transactions to be deducted from the sale proceeds.
11. Insurance of Goods.
(a) All goods on our premises or under our control are insured against all risks while so placed and Seller’s are charged at the rate of 1.5% of the hammer price plus VAT (subject to a minimum charge of £1.50) or, if unsold, our lower estimate of the hammer price.
(b) If the owner of the goods consigned instructs us in writing not to insure them, they then remain at owner’s risk unless and until the property in them passes to the Buyer or they are collected back by or on behalf of the owner, and clause 11(a) is inapplicable.
12. All Lots entered in Sales with Internet Advertising will incur a small charge.
GENERAL CONDITIONS OF SALE
1. Brown & Turner act as agents only and disclaim any responsibility for default by sellers or buyers.
2. Whilst every effort has been made to ensure the accuracy of this catalogue and the description of any lot:-
(a) Each lot is sold with all faults, imperfections and errors of description.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin ,date, period, condition or quality of any lot.
(c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Auctioneers, unless they have been instructed by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(d) Any claim under any Statute must be received in writing by the Auctioneers within seven days of the Sale.
3. (a) The auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lots or lots from the sale, to refuse bids, regulate bidding or cancel the sale without any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to a reserve or at the auctioneer’s discretion.
(b) The highest bidder shall be the buyer. The auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.
(c) Each lot is put up for sale subject to any reserve price placed by the vendor.
(d) 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 prior to any bid being accepted for the lot.
4. The seller acknowledges that all lots are sold subject to the stipulations of the General Conditions of Sale in their entirety and in the Terms of Consignment as notified to the consignor at time of entry.
5. The buyer shall pay the hammer price together with a premium of 17.5% of the hammer price (the premium attracts VAT at the standard rate) and is payable by all purchasers. The vendor authorises the Auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledge the Auctioneers’ right to retain the premium payable by the purchasers.
6. Notwithstanding any other terms of these conditions, if within seven days after the sale the Auctioneers have received from the buyer of any lot, notice in writing that in his view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same to the Auctioneers in the same condition as at the time of sale by producing evidence, the burden of proof to be upon the buyer, satisfies the Auctioneers 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. Both the buyer and the vendor agree to be bound by the decision.
7. Brown & Turner disclaim responsibility for default by either the buyer or the vendor because they act as auctioneers and reserve the right to withhold payment to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith and at least one hour before the sale commences. It is the responsibility of all persons leaving such bids to ascertain immediately after the conclusion of the sale, whether they have been successful.
8. Every person on the Sale Premises at any time shall be deemed to be there at their own risk. They shall have no claim against Brown & Turner in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of Brown & Turner employees.
9. Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of the lot including but not restricted to whether the lot is damaged or has been repaired.
10. Brown & Turner have the right to refuse admission to their premises or attendance at the auctions by any person.
11. Vendors and buyers give Brown & Turner the right to photograph and illustrate any lot placed with them for sale and to use such photographs and illustrations at any time whether or not in connection with the auction.
12. Scottish Law applies to the interpretation of all these Conditions of Sale.
Brown & Turner Ltd offers 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 Brown & Turner Ltd :
1. Authorise Brown & Turner 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 Brown & Turner Ltd through www.the-saleroom.com and agree that Brown & Turner 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