IMPORTANT NOTE: PROSPECTIVE PURCHASERS MUST SATISFY THEMSELVES AS TO THE CONDITION OF EACH LOT BEFORE BIDDING.
Our buyer's commission for this sale is 18% of the hammer price of the lot, to which 20% VAT is added.
Lots purchased online with 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.
David Lay Auctioneers offer an in-house postal service within the EU.
If you have questions regarding a postal concern please contact firstname.lastname@example.org
Please note that our postal service is not available for the Painting and Fine Art sales.
We use Royal Mail Special Delivery or a suitable courier service.
Small items may be sent outside of the EU using Royal Mail International Tracked.
We are not professional packers or shippers but we will pack items using suitable packaging materials which are designed for postal protection, however David Lay Auctioneers will not be held responsible for damages caused to items that are posted. There are some items that due to their nature, size or weight we cannot send and we will recommend couriers who you can arrange to pick the item up from our saleroom.
Please note that items are sent within seven days of postage payment.
Items sent in the UK:
Depending on worth, size and weight, items will either be sent by Royal Mail Special Delivery or a suitable courier service. Special delivery is the only service with damage compensation on all items unless previously advised.
The MAXIMUM parcel size we send with special delivery within the UK is 46CMx 46CM x 61CM, and weighing up to 10KG. This service will include damage compensation unless we have sent you prior notice.
PRICE GUIDE using Royal Mail Special Delivery
All weights are gross weight including packaging with £500 compensation.
Please add £4 to increase the compensation to £2500
Up to 500g (sent in a padded envelope) £20 ideal for Jewellery and coins
Up to 1kg sent boxed and protected £30 suitable for small items such as single ceramics
Up to 2kg sent boxed and protected £40 suitable for multiple items that may be fragile
Up to 10kg £60 suitable for multiple items that may be fragile and slightly large
PRICE GUIDE using a courier service (limited compensation)
Small items with a gross weight (packaged) of under 2KG may be sent via courier for £20
If you do not require compensation or your item does not qualify for compensation and weighs more than 2kg and less than 10 kg and does not exceed 100cm in length it can be boxed protected and sent for £35 via courier
If your item is large and requires lots of packaging or multiple parcels then the price may increase.
For items over 10kg such as rugs and carpets you will need to contact us.
We cannot post anything over 110cm in length.
International EU via Royal Mail Tracked with a maximum compensation of £250
Up to 500grams £30
Up to 1kg £40
Up to 2kg £50
Any item over 2kg sent within the EU will require a courier organised by the customer.
Fragile items such as delicate glass and sculptures will not be sent internationally.
Paintings – we cannot post any items from our Fine Art Sales.
For specialist couriers we recommend:
1. Mail Boxes Etc. (MBE) of Plymouth on 01752 257224, 01752 257224 (office hours) or 07979 593628, 07979 593628 (out of hours).
2. Bartman Couriers 07565123722 email@example.com
For larger consignments and furniture contact A.R. Newport Haulage on 01736 361938, 01736 361938. All are independent packers and carriers and all enquiries should be made directly to them.
We shall look at items on an individual basis. Depending on worth, the item and the country the item is to be sent to. Please note we may decide not to post your items. This decision will be made with the client’s best interest.
DAVID LAY WILL NOT PAY OUT FOR ANY CLAIM AGAINST PARCELS SENT
DAVIDLAYFRICS RESERVES THE RIGHT TO REFUSE TO PACK AND POST ANY ITEM (OR ITEMS) WHICH WE DEEM TO BE UNSUITABLE FOR DELIVERY BY ROYAL MAIL SPECIAL DELIVERY OR WHICH CANNOT BE PACKED SAFELY FOR A COURIER TO COLLECT.
Whilst the Auctioneer makes every effort to ensure accuracy and the description of any lot:
(a) Each lot is as set out in the catalogue or as divided or combined with any other lot or lots, is sold by the vendor with all faults, imperfections and errors of description.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, date, condition or quality of any lot unless they have been instructed in writing by the vendor to so certify.
(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 representation of fact by the Auctioneers unless they have been instructed by the vendor to so certify.
2. THE AUCTION.
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the auction, to refuse bids, regulate bidding or cancel the sale without in 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 reserve or at the Auctioneers discretion.
(b) The highest bidder shall be the buyer. The Auctioneer may at his sole discretion determine the advance of the 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. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
(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.
3. BUYER'S PREMIUM.(please note change)
The buyer shall pay the hammer price together with the buyer's premium at a rate of 18% of the hammer price plus 20% VAT on the buyer's premium.
Notwithstanding any other terms of these Conditions, if within 14 days after the auction the auctioneer has received from the buyer of any lots 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 Auctioneer in the same condition as at the time of the sale and by producing evidence, the burden of proof to be on 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. The vendor agrees to be bound by the Auctioneers decision.
The Auctioneer disclaims responsibility for default either by the buyer or the vendor because he acts as Auctioneer only and therefore does not pay out 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.
6. THIRD PARTY LIABILITY.
Every person on the auction premises at any time shall be deemed to be there at their own risk. They shall have no claim against the Auctioneer or Proprietor 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 the Auctioneer's or Proprietor's employees.
All goods delivered to the Auctioneers premises will be deemed to be delivered for sale by auction unless stated otherwise in writing and will be catalogued and sold at the Auctioneers discretion and accepted by the Auctioneer subject to all Sale Conditions. By delivering the goods to the Auctioneer for inclusion in their auction sales each vendor acknowledges that they have accepted and agreed to be bound by all these Conditions.
The Auctioneer does not himself undertake the collection of goods, but will, if required in writing, instruct a contractor on the vendor's behalf in his capacity as agent. The Auctioneer disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods and damage to premises caused by the contractor.
9. LOSS OR DAMAGE.
The Auctioneer disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of his staff.
The Auctioneer reserves the right to store or arrange goods delivered to him for sale either on his own premises or elsewhere at his sole discretion. He exempts himself from any liability for loss or damage to goods delivered to his salerooms without sufficient sale instructions and reserves the right to make a storage charge for such goods (unless the loss or damage is caused by the negligence of his employees).
11. RIGHT TO SELL.
If items are unsold and uncollected following the sale we reserve the right to sell them on the owners behalf, without reserve and without notice, unless arrangements have been made. Our normal fees will be deducted.
(a) Unless otherwise instructed in writing all goods on the Auctioneers premises and in his custody will be held insured for which insurance the Auctioneer will charge a premium of 1%. The Auctioneer has an insurance policy that covers lots in his care, custody or control. The vendor and the buyer agree to be bound by the terms and conditions of that policy. The policy document is available for inspection at our office.
(b) The Auctioneer shall not be responsible for damage to or loss, theft or destruction of any goods not so insured upon the owner's written instructions.
(a) All goods are put up for sale WITHOUT RESERVE unless written instructions are received by the Auctioneer prior to the commencement of the auction.
(b) In the event of any reserve price not being reached at auction, the Auctioneer is empowered to sell after the auction, by private treaty, at not less than the reserve price.
(c) The Auctioneer may charge up to 20% of the lowest estimate should any lot be withdrawn from the auction or fail to reach its reserve.
The vendor shall duly indemnify the Auctioneer against any claims in connection with any goods sold by the Auctioneer on the vendor's behalf.
15. VALUE ADDED TAX.
A vendor who sells by auction any chattel(s) which is an asset of their business must disclose to the Auctioneer whether or not they are registered for Value Added Tax purposes and if so their registered number and whether they intend to operate the special scheme covering works of art etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
The Auctioneers reserve the right to photograph and illustrate such items as they see fit. This will be charged up to a maximum of £40 per illustration
The Auctioneers will charge commission as shown on the Auction Entry Form. Where electrical goods are consigned to us for sale, we have by law to instruct on the vendor's behalf , a qualified person to conduct the prescribed safety checks. For this and modifications a charge will be made and deducted from the proceeds.
Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that they have satisfied themselves fully before bidding by inspection or otherwise as to all Conditions of Sale, the physical conditions of and description of the lot including but not restricted to whether the lot is damaged or has been repaired.
19. PROPERTY AND RISK.
The property in a lot shall not pass to the buyer until they have paid the purchase price in full, but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address, and if called upon to do so by the Auctioneer shall forthwith pay to the Auctioneer such proportion of the purchase price as the Auctioneer my require. If the purchaser fails to do so, the lot may, at the Auctioneers sole discretion be put up again and re-sold.
20. REMOVAL OF GOODS.
(a) All lots shall be paid for and removed at the buyer's risk and expense by the end of the second working day after the auction, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and be subject to a storage charge. If they are not paid for or removed within seven days of the auction the Auctioneer may re-sell them by auction or private treaty without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to maximum of the price paid by the purchaser of the lot.
(b) If any buyer fails to comply with any of the above Conditions the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charge and expenses in respect of both sales and any money deposited in part payment shall be held by the Auctioneer against the defaulters liability and may be appropriated in settlement of that liability.
21. CREDIT CARDS.
All major credit cards and debit cards are accepted for payment for lots purchased subject to our discretion. A surcharge of 1.95% + VAT may be applied to payments made by credit card.
22. ARTIST’S RESALE RIGHTS.
This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with he terms of the Act
23. ONLINE BIDDING.
David Lay FRICS 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/debit card details and, unless alternative arrangements are agreed with David Lay FRICS you:
1. authorise David Lay FRICS, if they so wish, to charge the credit/debit 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/debit card details to David Lay Frics.
3. note that shipping arrangement details are available on our website www.davidlay.co.uk
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.