CONDITIONS OF SALE
Anthony Pratt Fine Arts Limited Trading As The Canterbury Auction Galleries carries on business with bidders, buyers and all those present in the Auction Galleries prior or in connection with an auction on the following General Conditions, and on such other terms, conditions and notices as may be referred to herein.
In these Conditions :-
(a) "Auctioneer" means the firm of The Canterbury Auction Galleries 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 a work of a particular
creator, and which at the date of sale has a material value 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 The Canterbury Auction Galleries accept instructions from vendors or their agents.
(e) "Total Amount Due" means the hammer price in respect of the lot sold together with any premium, V.A.T. chargeable and any additional charges payable by a defaulting buyer under these Conditions.
(f) "Sale Proceeds" means the net amount due to the vendor, being the hammer price of the lot less commission at the stated rate, V.A.T. chargeable and any other amounts due to us by the vendor in whatever capacity and however arising.
(g) "You", "your", etc, refer to the buyer as identified on Condition 2.
(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 Galleries 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 the bid shall be settled at the auctioneer’s absolute discretion by re-offering the lot during the course of the auction or otherwise.
(c) Bidders shall be deemed to act as principals.
(d) Once made, no bid may be withdrawn.
(e) Our right to bid on behalf of the vendor if expressly reserved up to the amount of any reserve, and the right to refuse any bid, is also reserved.
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 24%, which shall include V.A.T. on the premium at the rate imposed by law.
V.A.T. on the hammer price is imposed by law on all items affixed with an asterisk (*) or double asterisk (**). V.A.T. 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 V.A.T. position)
(a) Immediately a lot is sold you will :-
(i) give us, if requested, proof of identity, and
(ii) pay us the total amount due in cash or in any such other way as agreed by us.
(b) Any payments by you to us may be applied by us towards any sum owing from you to us on any account whatsoever without regard to any direction of you or your agent, whether expressed or implied.
7. Title and Collection of Purchases
(a) 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.
(b) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than three working days following the day of the auction, after which you shall be responsible for any removal, storage and insurance charges.
(c) No purchase can be claimed or removed until it has been paid for.
8. Remedies for Non-payment or failure to collect purchases
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 agents for the vendor shall at our absolute discretion and without prejudice to any other rights we have,
be entitled to exercise all or any 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 re-sell the lot (by auction or private treaty), in which case you shall be responsible for any resulting deficiency for the total amount due (after crediting any part
payment and adding any re-sale costs). Any surplus so arising shall belong to the vendor.
(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 2% per month on the total amount due to the extent it remains unpaid for more than twenty-one 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 such bids shall be accepted.
(h) To apply any proceeds of sale or other lots due or in future becoming due to you towards the settlement of the total amount due, and exercise a lien on any of your property in our possession for any purpose.
9. Third Party Liability
All members of the public on our premises are there at their own risk and must note the layout 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 or
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 is condition, we will if so clearly instructed and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any neglect or default in so doing or failing to do so. Where two or more commission bids at the same level are recorded, we reserve the right at our absolute discretion to prefer the first bid so made.
11. Warranty of Title and Availability
The vendor warrants to the auctioneer and to you that the vendor 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 goods and marketable title to the property free from any third party claims.
The auctioneer normally acts as agent only and disclaims any responsibility for default by vendors or buyers.
13. Terms of Sale
The vendor acknowledges that items 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 entry of the lot.
(a) Subject to the next following condition concerning deliberate forgeries, any representation or statement by us in any catalogue as to the authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Prospective buyers are given ample opportunity to view and inspect before any sale and prospective buyers must satisfy themselves as to all such matters. Neither the auctioneer nor its employees or agents, nor the vendor accept liability for the correctness of such opinions and all conditions and warranties, express implied or statutory are hereby excluded.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction for the purpose of consumer legislation.
Notwithstanding the preceding condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within fourteen 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 (but not the amount of any consequential loss, damages, expenses or interest) provided that
(a) if the catalogue description reflects the accepted view of scholars and experts as at the date of sale, or
(b) you personally are not able to transfer a good and
marketable title to us, you shall have no rights under this condition.
16. We have the right at our discretion to refuse admission to our premises or attendance at our auctions by any person.
17. Any indemnity or exclusion under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it, and the auctioneer declares itself to be a trustee of the benefit of every such clause so far as it is expressed to be for the benefit of its employees and agents.
18. Any notice to our buyers, vendors, bidders or viewers may be given by first-class mail or Swiftmail in which case it shall be deemed to have been received the addressee forty-eight hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes of items in which cause the descriptions must be interpreted in accordance with any glossary appearing in the catalogue.
20. Any indulgence extended to bidders, buyers or vendors 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 respects these Conditions shall be construed as having full force and effect.
21. English law applies to the interpretation of these Conditions.
Lots purchased online with www.the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed