Please note our terms and conditions
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
Buyers Premium 15%+ VAT
Please be aware that we can not guarantee any condition reports/image requests received after close of viewing on Saturday 12noon wil be responded to.
Please be aware that a "request for payment" e-mail will be sent on the day after the auction and the facility to pay using the registered card details is available
Droite de Suite Royalty Charges
From 14th February, 2006 all United Kingdom Art Market professionals (which includes auctioneers) are required to collect a
royalty payment for all qualifying Works of Art.
Under new legislation which came into effect on the 1st January, 2012, this applies
to living artists and those who have died in the last 70 years. This payment is calculated on qualifying Works of Art which are sold
for a hammer price more than the UK sterling equivalent of €1,000 (the UK sterling equivalent will fluctuate in line with
prevailing exchange rates calculated by the Artist’s Resale Right Service Hub, based on the European Central Bank reference rate
published at 2.15pm on the day of the sale, and can be found on www.dacs.org.uk).
All items in this catalogue that are maked “?” are potentially qualifying items, and the royalty charge will apply if the hammer price
is more than UK sterling equivalent of €1,000. The royalty charge will be added to purchase invoices, and must be paid before items
can be cleared.
All royalty charges are paid to the Design and Artists Copyright Society (“DACS”) by the auctioneers and no
handling costs or additional fees with respect to these charges will be retained by the auctioneer.
The royalty charge for qualifying items which achieve a hammer price of more than the UK sterling equivalent of €1,000, but less
than the UK sterling equivalent of €50,000 is 4%. For qualifying items that sell for more than the UK equivalent of €50,000 a
sliding scale of royalty charges will apply.
For a complete list of the royalty charges and threshold levels please refer to
www.dacs.org.uk There is no VAT payable on this royalty charge.
Clarke & Simpson do not provide a shipping service. All buyers will need to arrange their own shipping requirements.
TERMS AND CONDITIONS OF SALE
The following defining terms are used in these conditions:-
“Auction” Means any auction conducted by Clarke and Simpson Auctions Ltd. either at the premises owned by them or elsewhere (including any internet based auction;
“Auctioneer” Means Clarke and Simpson Auctions Ltd. authorised auctioneer as appropriate;
“Bidder” Means a bidder at an auction, including the bidders personally present at the venue and those bidding by telephone or over the internet or otherwise;
“Buyer” Means the bidder whose bid was the last bid when the auctioneer concludes the bidding;
“Conditions” Means these Terms and Conditions of Sale;
“Hammer Price” Means the level of bidding reached (at or above any reserve) when the auctioneer brings the bidding to a close;
“Lot” Means any property accepted by Clarke and Simpson Auctions Ltd. for offer at auction;
No warranty is given or implied by the description in the catalogue. Each lot is sold in its condition at the time of sale with all faults, defects, imperfections and errors of description (if any). Whilst every endeavour has been made to describe the items adequately and properly, the purchaser shall deem to have inspected the lot at time of purchase. All catalogues and buyer’s guides are for information only and do not form part of the contract.
3. STATUTORY REQUIREMENTS
Purchasers will be deemed to have satisfied themselves prior to purchasing regarding current legal requirements (e.g. Health & Safety at Work Act) and it is expressly brought to the bidders attention that equipment in the sale may not necessarily comply with such regulations. Any purchaser shall satisfy himself as to any statutory requirement for the use of any item and no liability shall rest with the vendors nor the Auctioneers.
4. THE AUCTION
All auctions are conducted at the absolute discretion of the auctioneer. The auctioneer shall conduct the auction with reasonable skill and care. The vendor reserves the right to sell subject to reserve price in respect of all lots. What constitutes a bid shall be at the absolute discretion of the auctioneer, acting with appropriate skill and care. The auctioneer shall have the right to refuse any bid in all cases but most notably when such a bid does not exceed the previous bid by at least 10% or such a proportion as the auctioneer shall in his absolute discretion direct. Where two or more bids at the same level are simultaneously received by the auctioneer, the auctioneer at his absolute discretion shall determine which bid to prefer. Subject to the foregoing where two or more bids are at the same level are simultaneously received by the auctioneer, the bid submitted in the room shall take preference over a bid submitted by telephone or internet at the same level. Any bid made or attempted by telephone or over the internet will only be deemed to have been made if received by the auctioneer. The auctioneer reserves the right to withdraw, consolidate or divide any lot or lots or submit them in any order that they desire. The auctioneer has the right at his absolute discretion to refuse admission to his premises or attendance at (or participation in) any auction by any person. In the case of any dispute, the auctioneer shall be sole arbitrator in any matters arising during or out of the sale.
All bidders will be required to register their particulars, bidders attending in person and those accompanying them will be required to provide photo ID and separate confirmation of address prior to viewing or taking any part of the sale and before entering any part of the premises to view. All bidders accept full liability for all bids submitted. Subject to the clause in this document headed “The Auction”, the highest bidder at the close of bidding shall be the buyer. Any dispute about a bid shall be settled at the auctioneer’s absolute discretion.
Bidders are all deemed to act as principles unless there is prior written acknowledgement by Clarke and Simpson Auctions Ltd. that a bidder is acting as an agent for a named principle. Bidders are strongly encouraged to attend the auction in person. The bidders shall be responsible for any decision to bid for a particular lot and shall be deemed to have carefully inspected and satisfied themselves as to condition, neither Clarke and Simpson Auctions Ltd., their employees or agents shall be responsible for any neglect or default in doing or failing to do so. Bidders will be given ample opportunity to view and inspect before the sale and prospective buyers must satisfy themselves as to all matters.
Clarke and Simpson Auctions Ltd. shall act as agent of the vendor only. Any contracts for the sale of a lot shall be formed between the vendor and the buyer. As agent only Clarke and Simpson auctions shall not be responsible for default by the vendor or the buyer. If any lot is not paid for in full and taken away in accordance with these conditions, or there is any other breach of the conditions, then Clarke and Simpson Auctions Ltd. as agents for vendor shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:-
6.1 to proceed against the buyer for any action of debt or damages for breach of contract;
6.2 to rescind the sale of that lot or lots sold by Clarke and Simpson Auctions Ltd. to a defaulting buyer;
6.3 to resell the lot (by auction or private treaty) in which case the defaulting buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs), any possible surplus so arising shall belong to the vendor;
6.4 to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, the location of such storage shall be at Clarke and Simpson Auctions Ltd. discretion;
6.5 to charge interest at a rate not exceeding 2% per month of the total amount due to the extent that it remains unpaid for more than two working days after the sale;
6.6 to retain that or any lot sold to the defaulting buyer until the buyer pays the total amount due;
6.7 to reject or ignore bids from the defaulting buyer at future auctions or to impose conditions before any such bids are accepted;
6.8 to apply any proceeds of sale for any other lots due or in the future becoming due to the defaulting buyer towards the settlement of the total remaining due.
7. INDEMNITIES, PENALTIES AND LIMITATIONS OF LIABILITY
Purchasers shall pay for any damage done by themselves or their agents during the removal of their lots. Attendance at the sale shall be at the risk of those attending in respect of both themselves and to their goods and vehicles.
Any indemnity under these conditions will extend to all actions, costs, expenses, claims and demand whatsoever suffered or incurred by the person entitled to the benefit of it and Clarke and Simpson Auctions declare themselves to be a trustee of the benefit of such indemnity so far as it is expressed to be the benefit of its employees and agents.
Whilst Clarke and Simpson Auctions Ltd. endeavour to ensure that the information on their websites is correct, they do not warranty the accuracy and completeness of the material on their website. Also Clarke and Simpson Auctions Ltd. can make changes to the material on their website, or alter the products and prices described on it, at any time without notice. The material on the website may be out of date, Clarke and Simpson Auctions Ltd. make no commitment to update such material. All material on the websites is provided “as is” without any conditions, warranties or other terms at any time. Accordingly to the maximum extent permitted by law, the website is provided to all parties on the basis that Clarke and Simpson Auctions Ltd. exclude all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the website.
8. ELECTRICAL SAFETY REGULATIONS
All electrical lots are subject to electrical safety regulations and fall within “the low voltage electrical equipment (safety) regulations 1989” – all items have been pat tested for safety but are not guaranteed in working order.
9. GENERAL MATTERS
Any notice to any buyer, vendor, bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee forty eight hours after posting or sending. All notices to Clarke and Simpson Auctions Ltd. must be sent in writing and email is not acceptable. Any indulgence extended to any person by Clarke and Simpson Auctions notwithstanding the strict terms of these conditions or the terms of consignment shall affect the position at the relevant time only and the respect of that particular concession only; in all other respects these conditions shall be construed as having full force and effect. There conditions and any disputes or claims arising out or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the agreement or its subject matter or formation (including non-contractual disputes or claims).
Any catalogue and buyer guide are provided for information only and do not form part of these conditions. The catalogue and the buyer guide may contain additional terms and conditions. Clarke and Simpson Auctions reserve the right to use any photographs, back ground information and research for publicity purposes both before and after the sale.
11. THE PURCHASE PRICE AND PAYMENT ARRANGEMENTS
There is a buyer’s premium 15% plus VAT payable in respect of the sale. Any purchases made via “www.the-saleroom.com” shall be subject to an administration charge of 3% plus VAT on the price.
Preferred payment is cash, bankers draft or personal debit card. Such cards may only be used on a chip and pin basis with the owner present. No payment will be accepted by telephone over the internet. There will however, be an administration charge of 2.5% plus VAT for the use of a business debit card or credit card or personal credit card. Payment by cheque will only be acceptable subject to prior arrangement. No lot will be removed from the sale until any cheque has cleared unless a suitable bank reference addressed to the auctioneer is supplied. Payment is due on the day of the sale. Cash in excess of £12,000 (including V.A.T.) will not be accepted from any one person, this is not allowed due to Money Laundering Regulations 2007. All money received will be held in Clarke & Simpson Auctions Ltd. Clients Account at Barclays Bank plc, Martlesham Heath, Ipswich, Suffolk. Account Number 40484059. Sort Code 20 98 07. Clarke and Simpson Auctions Ltd. have no responsibility for any lot between the close of bidding and payment being made and subsequent collection. Please note all policy regarding payment will be enforced and suitable arrangements must be made.
12. REMOVAL OF LOTS
The ownership of any lot purchased shall not pass to the relevant buyer until they have made payment in full to Clarke and Simpson Auctions Ltd. of the total amount due.
The buyer shall at their own risk and expense take away any lot that they have purchased and paid for not later than two working days following the day of the auction after which they shall be responsible for any removal, storage and insurance charges.
13. NUMBER BIDDING
This will be used for speed and efficiency as in all our sales. All prospective purchasers must complete the form attached and register in the office on the viewday or morning of sale to receive a number for bidding. PLEASE COMPLETE THE REGISTRATION FORM BEFORE COMING TO THE SALE AND BRING IT TO THE SALE OFFICE. This saves considerable time. PLEASE ALSO NOTE THAT PHOTO ID AND ADDITIONAL CONFIRMATION OF ADDRESS WILL BE REQUIRED.
14. TELEPHONE BIDDING
We offer a telephone bidding service where possible but this service can never be guaranteed. No applications for telephone bids will be accepted after the end of the viewing prior to sale day for any sale. All potential telephone bidders must provide a valid landline number and email address for us to send terms and conditions prior to phone bidding. No phone bids will be accepted for any lot with a lower guide figure of less than £100. All those who wish to bid by telephone will be expected to deposit the minimum guide for all lots that they wish to bid upon into the Clients Account for Clarke and Simpson Auctions Ltd before the sale starts. In the event of default, this sum shall be retained as part payment or any part may be retained to recover losses under clause 6 of these Terms and Conditions. We will expect payment of the balance owing by BACS on the following day, any payment not met within five working days will result in the forfeiture of the deposit paid.
15. ONLINE BIDDING
Clarke & Simpson Auctions Ltd., on occasions, 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 Clarke & Simpson Auctions Ltd.:
1. authorise Clarke & Simpson Auctions 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 www.the-saleroom.com, and
2. confirm that you are authorised to provide these credit card details to Clarke & Simpson Auctions Ltd. through www.the-saleroom.com and agree that Clarke & Simpson Auctions 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 auction service will be subject to an additional 3% charge + VAT at the rate imposed on the hammer price