DRINKWATER, John. A History of the late Siege of Gibraltar With a Description and Account of that

1. Agent for the Seller: Unless otherwise agreed, Chiswick Auctions Ltd acts as agent for the seller. The contract for sale of the property is therefore made between the seller and the buyer.

2. Inspection: Prior to auction, prospective purchasers are very strongly advised to examine personally any property in which they are interested to satisfy themselves in relation to matters which may concern them.

3. Descriptions:  Any representation in any catalogue or otherwise as to the origin, date, age, attribution, genuineness or estimated selling price of any lot is a statement of opinion only. Such statements do not constitute a representation, warranty or assumption of liability by Chiswick auctions in relation to the lot. Any prospective buyer should satisfy themselves prior to the sale as to the reliability of the catalogue description.

4. Condition: Buyers are responsible for satisfying themselves concerning the condition of the property.  All Lots are sold as seen.

5. Contract of sale: The buyer shall be the bidder at the highest price at the fall of the hammer.

6. Dispute resolution: Any dispute shall be settled at the auctioneer’s absolute discretion. Under no circumstances will a sale be cancelled after the fall of the hammer, except at the auctioneer’s entire discretion.

7. Bidder as principal: A bidder is accepting personal liability to pay the purchase price including the buyer’s premium and all applicable taxes and charges unless: Chiswick Auctions Ltd has explicitly agreed in writing with the bidder before the commencement of the sale that (A) the bidder is acting as agent on behalf of a third party acceptable to Chiswick Auctions Ltd and (B) Chiswick Auctions Ltd has further agreed that they will look only to that third party for payment.

8. Premium: The buyer shall pay Chiswick Auctions Ltd a premium on the hammer price of 20% plus VAT on that commission.

9. Reserve: Many Lots are offered subject to a reserve, which is the confidential minimum sale price.  The reserve will never exceed the low estimate printed in the catalogue. Chiswick Auctions Ltd may open the bidding on any lot below the reserve by placing a bid on behalf of the seller, and may in their discretion continue to bid on behalf of the seller up to the reserve price, by bidding in response to other bidders or alternatively by placing consecutive bids.

10. Responsibility:  Purchased lots shall be at the buyer’s risk in all respects from the fall of the hammer, and neither Chiswick Auctions Ltd nor their agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise.

11. Payment:  All purchased lots must be paid for on the day of the auction. Written bids (‘Commission bids’) must be paid for the day after the auction. Payment must be in cash, debit, credit card or bank transfer. We do not accept cheques. Credit cards are subject to a 3% surcharge. Title will not pass to the buyer until Chiswick Auctions Ltd has received all amounts due to them in cleared funds even if the Lot has been released to the buyer.

12. Attendance at auction: Chiswick Auctions Ltd has the right in their absolute discretion to refuse participation in any auction, to reject any bid, and to refuse admission to the premises.

13. Collection: Purchased Lots can be collected from the auction room after the sale has ended or between 10am and 6pm on the day after the sale. Purchased lots not collected before 6pm on the day after the sale shall incur storage charges of £5.00 per lot, per day or part thereof. Chiswick Auctions Ltd shall be entitled to retain purchased Lots sold until all sums due have been paid to Chiswick Auctions Ltd. If any purchased lot remains uncollected 21 days after the sale storage charges shall thereafter be £10 per day and Chiswick Auctions Ltd shall have the right to sell the purchased Lot to recover payment of storage charges outstanding. Any balance proceeds of sale received after payment of all sums outstanding and due to Chiswick Auctions Ltd shall be held for the account of the purchaser.

14. Packing:  Chiswick Auctions Ltd will use reasonable efforts to take care when handling packing and shipping lots purchased, but are not responsible for the errors or omissions of third parties who may be retained for these purposes.

15. Electrical Items: All electrical items are sold as seen and Chiswick Auctions Ltd offers no guarantee as to the working condition of such items or their safety.

16. Absentee Bids

• Commission Bids: Chiswick Auctions Ltd will use reasonable efforts to carry out Commission bids received by them prior to the sale for the convenience of clients who are not present at the auction in person .Execution of Commission bids is a free service provided to help clients and Chiswick Auctions Ltd does not accept liability for any failure to execute a Commission bid or for errors and omissions in connection with it. Commission bids shall be executed at the lowest possible price, subject to competing bids and reserves. Although Chiswick Auctions Ltd will endeavour to inform buyers it is the buyer who is responsible for checking to see if he has been successful in purchasing something.

• Telephone Bids: Chiswick Auctions Ltd will use reasonable efforts to contact prospective buyers who make arrangements prior to commencement of the sale to bid by telephone, but Chiswick Auctions Ltd does not accept liability for any failure or error or omission arising in connection with telephone bidding.

17. Proof of Identity: Bidders not previously known to Chiswick Auctions Ltd, will be required to provide:

• Proof of identity in the form of a passport or photocard driving licence (no other forms of ID are acceptable)  and proof of address will be required. For proof of address, only official documents showing name and address will be accepted.

• Both landline and mobile telephone numbers must be provided.

18. Remedies for non-payment: If the buyer fails to make payment in full in cleared funds within the time required by clause 11 above, Chiswick Auctions Ltd shall be entitled to exercise any one or more of the following rights or remedies additional to such other rights or remedies available:

• to charge interest at 4% per annum above the base rate of Lloyds bank plc;
• to commence legal proceedings for the recovery of the total amount due together with interest, legal fees and costs;
• to cancel the sale;
• to resell the property on such terms by auction or otherwise entirely as Chiswick Auctions Ltd may shall think fit, the buyer to be liable for all costs including legal fees incurred in the sale and to remain liable for any shortfall arising upon sale;
• to set off against any sums which Chiswick Auctions Ltd may owe the buyer the outstanding sums unpaid by the buyer;
• where the buyer owes sums to Chiswick Auctions Ltd in respect of different transactions, to apply any sum paid by the buyer entirely at the discretion of Chiswick auctions Ltd to discharge any sums owed;
• to refuse entry to the buyer at any future auction and/or reject any future bids by the buyer and/or seek a deposit from the buyer entirely in the discretion of Chiswick Auctions Ltd;
• to retain all property owned by the buyer in the possession of Chiswick Auctions Ltd as collateral for outstanding sums owed and to exercise all the rights and remedies of a person holding security over any such property , whether by way of pledge, security interest or in any other way, to the extent permitted by law;
• to take such other action as is permissible by law and in the discretion of Chiswick Auctions Ltd.

19. Copyright: Chiswick Auctions Ltd shall own the copyright in all images, illustrations and written material produced by or for Chiswick Auctions Ltd relating to a lot including catalogue contents and such copyright shall remain at all times the property of Chiswick Auctions Ltd .Neither the buyer not anyone else shall use the same without the prior written consent of Chiswick Auctions Ltd.

20. Resale Right Regulations: If the Artist’s Resale Right Regulations 2006 apply to the Lot, the buyer agrees to pay Chiswick Auctions Ltd an amount equal to the resale royalty provided for in those regulations and Chiswick Auctions Ltd undertakes to the buyer to pay such amount to the artist’s collection agent.

21. Severability: Whenever and to the extent that any provisions of these terms would or might contravene the provisions of any relevant legislation such provision is to take effect only in so far as it may do so without contravening such legislation and the legality, validity and enforceability of any of the remaining provisions are not in any way to be affected or impaired as a result.

22. Law and Jurisdiction

• The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with English law.  For the benefit of Chiswick Auctions Ltd, all bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship Warranty relate or apply. All parties agree that Chiswick Auctions Ltd shall retain the right to bring proceedings in any court other than the Courts of England.

 *All purchased Lots must be paid for on the day of the sale (save for commission bids which must be paid for on the day after sale) and all purchased Lots must be collected no later than 6pm on the day following sale

**Storage charges become applicable from the 2nd day following the sale