Sale Terms and Important Information

Terms and Conditions

1     THE BUYER - The highest bidder acknowledged as such by the auctioneer will be the buyer.  If any dispute arises, the auctioneer shall have absolute discretion to settle the matter.  The auctioneer shall rule the bidding and no bid shall be retracted.  The auctioneer reserves the right to refuse any bid.  The bidder who is successful in purchasing any lot or lots is entirely responsible for paying for such lot or lots in accordance with our general conditions of sale.  The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots.

2     REGISTRATION - All prospective buyers must register on www.the-saleroom.com. Purchasers leaving commission bids should provide their name, address and contact details along with their bid. Should there be any doubts as to price or buyer, please draw the auctioneer’s attention to it immediately.

3     NO BUYER’S PREMIUM

4     PURCHASE VIA LIVE BIDDING – Any lots purchased via the-saleroom.com live auction service will not be subject to any additional commission charge. In completing the bidder registration on www.the-saleroom.com and providing your card details and unless alternative arrangements are made with Durrants you hereby agree to the following terms:

a)    Durrants are authorised to charge the debit card given in part or full payment including all fees for items successfully purchased in the auction via the sale-room.com, and

b)    You are authorised to provide these debit card details to Durrants through www.the-saleroom.com and agree that Durrants are entitled to ship the goods to the cardholder name and address provided in fulfilment of the sale.

5     NO VALUE ADDED TAX

6     AUCTIONEERS MARGIN SCHEME - The Auctioneers Margin Scheme allows auctioneers to sell items without VAT on the hammer price. Under the margin scheme an amount equivalent to VAT at the current rate is added to the buyer’s premium. This amount cannot be refunded. The VAT element will not be shown separately on the buyer’s invoice.

7     PAYMENTS

Purchaser - Our methods of payment are with bank transfer or debit card. All purchases must be paid in full the day after the sale and before any lot can be collected. Anyone who, for whatever reason, is unable to pay for their goods on the day of the sale or the day after must inform Nicholas Rudge as to when payment will be made.  Credit card payments are not accepted.

Vendor – Vendors will normally receive proceeds of sale 10 working days after.  However, where individual consigned Lots have sold for £500 or above Durrants reserve the right to hold payment until we have been paid by the purchaser.  We also reserve the right to rescind a sale, if it is clear that having pursued all the usual channels Durrants are unlikely to receive payment on the Lot in question.  In such circumstances, the Lot(s) involved will be reoffered in a later Sale with the sale reserve (if applicable).

8     ATTRIBUTION AND CONDITION OF LOTS - Every effort is made to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot whether or not such statement forms part of the description of any such lot.  Whether any such statement is made orally or in the catalogue it is an expression of opinion.  Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully as to the attribution and condition of the lot.  If any damage is done to any lot at the viewing or before, during or after the sale, such damage shall be made good by the person committing such damage, principals being responsible for the acts of their servants, such damage to be assessed by the auctioneers.  Written condition reports are available for all Lots upon request.  Buyers that do not request condition reports forfeit their right to a refund, except where we are in breach of Contract.

9   ATTRIBUTION OF PICTURES - (Condition 6 also refers).

(a)   The forename(s) (or asterisks where not known) and surname of the artist indicates in our opinion a work by the artist

(b)   The initials of the forename(s) and the surname of the artist indicates in our opinion a work of the period of the artist which may be wholly or in part his work.

(c)   The surname of the artist indicates in our opinion a work of the school or by one of the followers of the artist or in his style and of uncertain date.

(d)   Bears signature indicates in our opinion that this is not the signature of the artist.

(e)   All other terms are self-explanatory.

10   OWNERSHIP OF PURCHASES - The ownership of the lot(s) purchased will not pass to the buyer until the buyer has paid the auctioneers in full the total amount due and the auctioneers have applied such payment to the lot.

11   TRANSFER OF RISK - Each lot shall be at the purchaser’s sole risk from the fall of the hammer and shall be sold with all faults and imperfections.  The purchaser is deemed to have inspected the lots and satisfied himself as to their condition.  The liability to insure any purchased Lot shall pass from the auctioneer to the purchaser on the fall of the hammer.

12   COMMISSION BIDS - If instructed, the auctioneers will execute bids and advise prospective purchasers.  This service is free.  Lots will always be purchased as cheaply as is allowed by such other bids and reserves as are on the auctioneer’s books.  In the event of identical bids, the earliest will take precedence.  There must always be a maximum limit indicated, i.e. the amount to which you would bid if you were attending the auction yourself. “Buy” or unlimited bids will not be accepted.  Commission bids placed by telephone are accepted at the client’s risk.  We urge our clients to place such commission bids within one hour of the commencement of the sale.

13   COLLECTION OF GOODS - Collection of the postcards will be from Ferini Art Gallery between 12pm and 4pm Friday/Saturday and Sunday.

14   POSTAGE / SHIPPING - Goods will not be released to couriers unless they are delivering to the address that the buyer has used for registration. Couriers are instructed not to take alternate delivery instructions once dispatched

15   COMPLIANCE - Upon failure of any purchaser to comply with any of the above conditions any money deposited by the purchaser in part payments shall be forfeited to the owner of the lot, he paying there from, all just expenses. Any lot not paid for within 1 month of the purchase date shall be resold by public auction or private contract and the deficiency (if any) arising from such a resale together with all expenses attending the same shall be made good by the defaulter at this sale who shall have no claim to any surplus which may arise on a resale.

16   PRE SALE ESTIMATES - Given by the auctioneers or a member of their staff are their opinion as to what they consider any particular lot is likely to realise.  However any lot may sell at a figure less than the lower estimate and for more than the higher estimated figure.  The auctioneers and their staff reserve the right to alter their pre-sale estimates, either upwards or downwards, on any lot at any time, up until such time as the lot is offered for sale.

17   RESERVES - The auctioneers and vendors reserve the right: -

(a)   To remove the reserve completely from a previously reserved lot at any time up until it is offered for sale.

(b)   To place a reserve on a previously unreserved lot at any time up until it is offered for sale.

(c)   To alter a reserve, either upwards or downwards, on any lot at any time up until it is offered for sale.

(d)   We do not accept reserves lower than £40.

18   THIRD PARTY LIABILITY - Every person on the auctioneers’ premises before, during or after a sale or at any other time, shall be deemed to be there at their own risk and shall have no claim against the auctioneer in respect of any injury they may sustain or any accident which may occur.

19   ANY NOTICES - Any notices that may be displayed from time to time by the auctioneers in the sale ground or salerooms shall be deemed to form part of and be included within the general conditions of sale.

20   MONEY LAUNDERING REGULATIONS - In order to comply with current anti-money laundering legislation we are unable to accept cash payments over £8,000.  Any purchaser wishing to pay cash for any purchase over £1,000 may be asked for identification e.g. Passport or photo driving licence.

21   Droit De Suite Royalty Charges– in essence this charge will be made to the purchaser of any work of art that has been produced by a living artist or for a period of up to 70yrs after the artist’s death, on lots with a hammer price more than the UK sterling equivalent of €1,000. Please refer to www.dacs.org.uk for further rules and current exchange rates. 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.

 22   RICS REGULATION

 a)    All Clients monies are paid into our Auction Clients Account with Barclays Bank PLC Norfolk Business and Agricultural Corporate Banking Centre, Norwich, Norfolk (any interest accrued monies held will be retained by Durrants)

 b)    Durrants operates an RICS approved complaints policy, details can be found on our website www.durrants.com

 23   RESCISSION - Notwithstanding anyother terms of these Conditions, if within fourteen days of the date of sale Durrants receive from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and the lot is returned to them in this period in the same condition as at the time of sale and produces written evidence, the burden of proof to be upon the buyer, satisfies Durrants 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. The purchase price will be refunded once the sum has been returned to Durrants by the Seller.

If before the proceeds of the sale have been paid to the Seller Durrants receives notice from the buyer that, in the buyers view the sale should be rescinded and Durrants agrees with that view, Durrants will rescind the sale and refund to the Buyer any amount paid to Durrants in respect of the Lot, and if such notice is received after payment of the proceeds of this sale the Seller will on notice reimburse Durrants to the full amount of the sum refunded to the Buyer.

 24   REPRODUCTIONS - Owing to the large number of Third Reich and other uniforms and accoutrements being used for films, television and plays, it becomes increasingly difficult to ascertain the authenticity of certain pieces.  We catalogue all items as seen, and offer no guarantee as to their authenticity.  The terms ‘bronze’, ‘silver’ and ‘gold’ refer to the grades in which medals, badges, etc., were awarded and not to heir composition.  Items described as (PATTERN) are an example of the described item with no guarantee of age or authenticity