1140
Impressive George IV silver gilt, Campana shaped vase and cover by John Edward Terrey, London
1/20
Description
Impressive George IV silver gilt, Campana shaped vase and cover by John Edward Terrey, London 1824, (marked on the cup, the cover and the finial), approx. 5,667 grms, 182 ozs, 46 cms high x 24 cms wideDetailed description; The cup has a broad band of classical decoration with horses, chariots, lions, a trumpeter and figures dancing in Bacchic revelry beneath a band of vines and grapes, two handles with mask terminals and with a band of acanthus, on a round foot with a band of vines and grapes, the cover with egg and dart border and a vine and grape finial.Inscription; The foot has an engraved presentation inscription Robert Sutton Esq., in testimony of the esteem and in acknowledgement of his gratuitous services as manager of that Institution since its foundation May 18 1801, Stock Exchange July 19 1824, unanimously voted by the proprietors.The maker biographical note;John Edward Terry entered a maker’s mark at Goldsmiths Hall in 1814 from Foster Lane in partnership with Samuel Hennell and 1816 alone at the same address. Christening records for two sons at St John, Hackney in 1816 and 1817 show their mother as Susannah Hennell, their address as Clapton Fields and their father John Edward Terrey as first a merchant and then as a gentleman. He notified Goldsmiths Hall in 1818 that he had changed his address to Hatton Gardens.A further six christenings of children of John Edward and Susannah Hennell Terrey at St Andrew, Holborn 1819-31 show their address as Hatton Gardens and their father as a merchant. The same information as to address and father’s occupation is shown on the christening records of a further two children at St Giles in the Fields in 1833 and for two further children back at St Andrews in 1836-37. The 1841 UK Census and his daughter Susannah Elizabeth’s marriage record in 1842 show him as a silversmith at Hatton Garden. By 1851 he had moved to Sydenham, Lewisham in Kent.The England & Wales Deaths Index for the Lewisham register shows his death in 1859. Provenance;This cup is sent in for sale by a descendant, having been in the ownership of the family since its original presentation. In recent times it has languished un-displayed in the vendor's house. Biography of Robert SuttonRobert Sutton, a stockbroker, of Finsbury Place, London, purchased Rossway, a large country house in Northchurch, Hertfordshire, in 1802, enlarging the estate to 570 acres by the time of his death in 1848. The estate was sold in 1863 to Charles Stanton Hadden, a coffee planter operating in Ceylon, who demolished the original house and built a replacement, which was completed in 1867. It remained in the Hadden family until 1998 when it was acquired by Khoo Kay Peng of the MUI Group, majority stakeholders in Laura Ashley.Robert Sutton was Master of the Mercers Company in 1817. His son Robert (c.1806-63) was Master in 1837 and 1842; his son James (c.1802-63) in 1847, and his youngest son Wadham Locke Sutton (1815-96) in 1858.The Mercers Company is the premier Livery Company and ranks first of the 12 City Livery Companies of the City of London. It was founded in 1394.On May 18, 1801, when William Hammond Esq, chairman of the Committee of Managers, laid the first stone of what was to become the Stock Exchange, at Capel Court, in London, one of those in attendance was his fellow manager Robert Sutton. There were ten managers in all and the concept of the exchange was to provide a place for “the transaction of business in the public funds”.The building was completed on December 30, when the words The Stock Exchange were incised on the entrance.During its first years there were no set rules, but in February 1812 the General Purpose Committee confirmed a set of recommendations that later became the foundation of the codified set or rules of the Exchange.Though increasingly influential as a City institution, the Exchange suffered continuous criticism from the press and the public. Nonetheless, having bankrolled the British Government through the Napoleonic Wars, it then provided a stable platform from which to trade foreign securities as the Empire grew.Robert Sutton, who was still in office in 1824, and had been Master of the Mercers Company in 1817, was Upper Warden of the Company in 1838 when he was involved in the foundation ceremony for the rebuilding of the Royal Exchange. Sutton was deputed to carry the glass bottle into which coins were to be deposited before Prince Albert placed it in the foundations and laid the first stone on top of it. The coins within the bottle came from the Mercers Company and the City, the two corporations financing the building.Sutton was again present in 1844 for the completion of the building and he died four years later in 1848.Notes on the vase and cover; An admiration for the Greco-Roman taste coincided with the Age of Enlightenment, when artists and intellectuals attempted to reform society's aesthetics and beliefs using reason, scientific fact and history. Through this movement, wealthy individuals gained exposure to Europe's cultural legacy of Classical antiquity. Architects, artisans and designers of that era naturally applied these design influences to their contemporary visions. Many domestic articles were modelled in the manner of, or decorated after, some object of significance from the classical past. As has been done for this presentation piece. Silversmiths like Terrey extrapolated on the ideas of Giovanni Piranesi, John Flaxman, William Theed and others to create their own unique pieces. Similar large pieces of silver were produced by Paul Storr; Benjamin Smith II; and Rundell, Bridge & Rundell; The decoration here is styled in the Antique campaña form based on the Medici vase as engraved by G.B. Piranesi.. Wear to gilding and decoration throughout and some pitting. Vase marks rubbed but legible. General wear and loss of detail to the high points of the decoration consistent with age and use.Cover - dents to inner rim. Where the cover has been dropped the central finial with bunch of grapes has been pushed in. Two possible repaired splits to rim of cover. Cover marks clear. Vase - Large dent to rim and rim bent out of shape. Foot rim also dented and bent. Possible start of a split where the fluted foot joins the next section above. Probably re-gilded.
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Impressive George IV silver gilt, Campana shaped vase and cover by John Edward Terrey, London 1824, (marked on the cup, the cover and the finial), approx. 5,667 grms, 182 ozs, 46 cms high x 24 cms wideDetailed description; The cup has a broad band of classical decoration with horses, chariots, lions, a trumpeter and figures dancing in Bacchic revelry beneath a band of vines and grapes, two handles with mask terminals and with a band of acanthus, on a round foot with a band of vines and grapes, the cover with egg and dart border and a vine and grape finial.Inscription; The foot has an engraved presentation inscription Robert Sutton Esq., in testimony of the esteem and in acknowledgement of his gratuitous services as manager of that Institution since its foundation May 18 1801, Stock Exchange July 19 1824, unanimously voted by the proprietors.The maker biographical note;John Edward Terry entered a maker’s mark at Goldsmiths Hall in 1814 from Foster Lane in partnership with Samuel Hennell and 1816 alone at the same address. Christening records for two sons at St John, Hackney in 1816 and 1817 show their mother as Susannah Hennell, their address as Clapton Fields and their father John Edward Terrey as first a merchant and then as a gentleman. He notified Goldsmiths Hall in 1818 that he had changed his address to Hatton Gardens.A further six christenings of children of John Edward and Susannah Hennell Terrey at St Andrew, Holborn 1819-31 show their address as Hatton Gardens and their father as a merchant. The same information as to address and father’s occupation is shown on the christening records of a further two children at St Giles in the Fields in 1833 and for two further children back at St Andrews in 1836-37. The 1841 UK Census and his daughter Susannah Elizabeth’s marriage record in 1842 show him as a silversmith at Hatton Garden. By 1851 he had moved to Sydenham, Lewisham in Kent.The England & Wales Deaths Index for the Lewisham register shows his death in 1859. Provenance;This cup is sent in for sale by a descendant, having been in the ownership of the family since its original presentation. In recent times it has languished un-displayed in the vendor's house. Biography of Robert SuttonRobert Sutton, a stockbroker, of Finsbury Place, London, purchased Rossway, a large country house in Northchurch, Hertfordshire, in 1802, enlarging the estate to 570 acres by the time of his death in 1848. The estate was sold in 1863 to Charles Stanton Hadden, a coffee planter operating in Ceylon, who demolished the original house and built a replacement, which was completed in 1867. It remained in the Hadden family until 1998 when it was acquired by Khoo Kay Peng of the MUI Group, majority stakeholders in Laura Ashley.Robert Sutton was Master of the Mercers Company in 1817. His son Robert (c.1806-63) was Master in 1837 and 1842; his son James (c.1802-63) in 1847, and his youngest son Wadham Locke Sutton (1815-96) in 1858.The Mercers Company is the premier Livery Company and ranks first of the 12 City Livery Companies of the City of London. It was founded in 1394.On May 18, 1801, when William Hammond Esq, chairman of the Committee of Managers, laid the first stone of what was to become the Stock Exchange, at Capel Court, in London, one of those in attendance was his fellow manager Robert Sutton. There were ten managers in all and the concept of the exchange was to provide a place for “the transaction of business in the public funds”.The building was completed on December 30, when the words The Stock Exchange were incised on the entrance.During its first years there were no set rules, but in February 1812 the General Purpose Committee confirmed a set of recommendations that later became the foundation of the codified set or rules of the Exchange.Though increasingly influential as a City institution, the Exchange suffered continuous criticism from the press and the public. Nonetheless, having bankrolled the British Government through the Napoleonic Wars, it then provided a stable platform from which to trade foreign securities as the Empire grew.Robert Sutton, who was still in office in 1824, and had been Master of the Mercers Company in 1817, was Upper Warden of the Company in 1838 when he was involved in the foundation ceremony for the rebuilding of the Royal Exchange. Sutton was deputed to carry the glass bottle into which coins were to be deposited before Prince Albert placed it in the foundations and laid the first stone on top of it. The coins within the bottle came from the Mercers Company and the City, the two corporations financing the building.Sutton was again present in 1844 for the completion of the building and he died four years later in 1848.Notes on the vase and cover; An admiration for the Greco-Roman taste coincided with the Age of Enlightenment, when artists and intellectuals attempted to reform society's aesthetics and beliefs using reason, scientific fact and history. Through this movement, wealthy individuals gained exposure to Europe's cultural legacy of Classical antiquity. Architects, artisans and designers of that era naturally applied these design influences to their contemporary visions. Many domestic articles were modelled in the manner of, or decorated after, some object of significance from the classical past. As has been done for this presentation piece. Silversmiths like Terrey extrapolated on the ideas of Giovanni Piranesi, John Flaxman, William Theed and others to create their own unique pieces. Similar large pieces of silver were produced by Paul Storr; Benjamin Smith II; and Rundell, Bridge & Rundell; The decoration here is styled in the Antique campaña form based on the Medici vase as engraved by G.B. Piranesi.. Wear to gilding and decoration throughout and some pitting. Vase marks rubbed but legible. General wear and loss of detail to the high points of the decoration consistent with age and use.Cover - dents to inner rim. Where the cover has been dropped the central finial with bunch of grapes has been pushed in. Two possible repaired splits to rim of cover. Cover marks clear. Vase - Large dent to rim and rim bent out of shape. Foot rim also dented and bent. Possible start of a split where the fluted foot joins the next section above. Probably re-gilded.
Antiques and Fine Art Auction. Including Jewellery, Watches, Coins, Silver, Antiques, Fine Art, Antique Furniture, Works of Art & Clocks
Sale Date(s)
Lots: 1-999
Lots: 1000-1999
Lots: 2000-2999
Venue Address
The Burnt Common Auction Rooms
London Road
Send
Woking
Surrey
GU23 7LN
United Kingdom
General delivery information available from the auctioneer
Shipping:
We can, for a small fee, provide packaging and postage services within the UK for smaller items such as jewellery, watches, silver, prints, etc. This would be shipped via courier service and insured up to a maximum of £2500. For larger or fragile items such ceramics, glass, metalware etc we can arrange a quote with one of our shipping partners. Please contact us directly for shipping costs at shipping@ewbanks.co.uk
Important Information
Ewbanks do not ship from this saleroom, for a delivery quote please contact us for details of our recommended shippers, you are welcome to arrange your own packing and shipping arrangements.
All purchases made online via the-saleroom.com will be subject to a 5% plus VAT supplementary fee based on the hammer price in addition to in-house buyers premuim of 27% inclusive of VAT. Total on the-saleroom.com is therefore an additional 33% inclusive of VAT.
INFORMATION FOR BUYERS
1. Introduction.
The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency.
As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
3. Estimates.
Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's Premium.
The Conditions of Sale oblige buyers to pay a buyer's premium at 27% on the hammer price of each lot purchased. VAT is included in this premium (see below). All purchases made online via the-saleroom.com will be subject to a 5% plus VAT supplementary fee based on the hammer price.
5. VAT.
(†) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK. The double symbol (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the hammer price and the buyer's premium). Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that the VAT included within the Premium is not recoverable as input tax.
6. Condition of Lots.
Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Intending buyers have ample opportunity form inspection of goods and neither the seller nor we as the auctioneers accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in specified circumstances lots mis-described because they are 'deliberate forgeries' may be returned and repayment made. There is a 2 week limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Condition Reports.
We may be able to assist buyers unable to view by providing a condition report, but these reports are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view. (Please see our Conditions of Sale).
8. Export of goods.
Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
9. Bidding.
Bidders may be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
10. Commission bidding.
Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or Email.
11. Methods of Payment.
As a general rule any cheques tendered will need to be cleared before removal of the goods is permitted. Please discuss with our Office in advance of the sale if other methods of payment are envisaged (except cash). We accept card payments provided that your registered address is the same as the card address.
12. Collection and storage.
Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges which are currently set at £5 plus VAT per lot per day.
EXPLANATION OF PICTURE CATALOGUING TERMS
Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of representation of fact. The Auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
The forename(s) and surname of the artist: In our opinion a work by the artist.
The initials of the forename(s) and the surname of the artist: In our opinion a work of the period of the artist which may be wholly, or in part his work.
The surname only of the artist: 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.
'English School', 'Italian School': etc: In our opinion a work executed at a later date that the style may suggest.
'Signed': Has a signature which in our opinion is a recognised signature.
'Dated': Is so dated and in our opinion was executed at that date.
The term 'bears' a signature and/or date and/or an inscription: Means that in our opinion the artist's name and/or date and/or inscription have been added by another hand.
Measurements: Height precedes width.
CONDITIONS OF SALE
Ewbank's carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. Definitions In these Conditions:
"auctioneer" means the firm of Ewbank's or its authorised auctioneer, as appropriate;
"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 the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
"hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
"terms of consignment" means the stipulated terms and rates of commission on which Ewbank's accepts instructions from sellers or their agents;
"total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
"sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
"You", "Your", etc. refer to the buyer as identified in Condition 2
The singular includes the plural and vice versa as appropriate.
2. Bidding Procedures and the Buyer
Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
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 a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
Bidders shall be deemed to act as principals.
Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments
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 27% inclusive of VAT [or incremental] at the rate imposed by law. Plus online buyers premuim and any other charges as set out in these terms.
5. Value Added Tax
Value Added Tax on the hammer price is imposed by law on all items affixed with a '†' or double asterisk.
Value Added Tax 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 VAT position).
6. Payment
Immediately a Lot is sold you will:
give to us, if requested, proof of identity, and
pay to us the total amount due in cash or in such other way as is agreed by us.
Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
7. Title and Collection of Purchases
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.
You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and Loss and Damage Warranty charges.
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 agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
to proceed against you for damages for breach of contract;
to rescind the sale of that Lot and/or any other Lots sold by us to you;
to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
to retain that or any other Lot sold to you until you pay the total amount due;
to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
9. Third Party Liability
All members of the public on our premises are there at their own risk and must note the lay-out 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 of 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 its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
11. Warranty of Title and Availability
The seller warrants to the auctioneer and you that the seller 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 good and marketable title to the property free from any third party claims.
12. Agency
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. Terms of Sale
The seller acknowledges that Lots 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 the entry of the Lot.
14. Descriptions and Condition
Whilst we seek to describe Lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 'information to buyers'.
Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
15. Forgeries
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 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 provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
GENERAL
16.
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17.
any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
18.
Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
19.
Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
20.
Any indulgence extended to bidders buyers or sellers 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 other respects these Conditions shall be construed as having full force and effect.
21.
English law applies to the interpretation of these Conditions.
Terms & Conditions
All purchases made online via the-saleroom.com will be subject to a 5% plus VAT supplementary fee based on the hammer price in addition to in-house buyers premuim of 27% inclusive of VAT. Total on the-saleroom.com is therefore an additional 33% inclusive of VAT.
PLEASE NOTE ARTIST RESALE RIGHT IS ALSO PAYABLE ON TOP OF THE HAMMER PRICE AT A MAXIMUM OF 4% FOR LOTS WHERE MARKED IN THE DESCRIPTION, SEE www.dacs.org FOR MORE INFORMATION.
INFORMATION FOR BUYERS
1. Introduction.
The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency.
As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
3. Estimates.
Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's Premium.
The Conditions of Sale oblige buyers to pay a buyer's premium at 27% on the hammer price of each lot purchased. VAT is included in this premium (see below). All purchases made online via the-saleroom.com will be subject to a 5% plus VAT supplementary fee based on the hammer price.
5. VAT.
(†) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK. The double symbol (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the hammer price and the buyer's premium). Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that the VAT included within the Premium is not recoverable as input tax.
6. Condition of Lots.
Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Intending buyers have ample opportunity form inspection of goods and neither the seller nor we as the auctioneers accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in specified circumstances lots mis-described because they are 'deliberate forgeries' may be returned and repayment made. There is a 2 week limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Condition Reports.
We may be able to assist buyers unable to view by providing a condition report, but these reports are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view. (Please see our Conditions of Sale).
8. Export of goods.
Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
9. Bidding.
Bidders may be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
10. Commission bidding.
Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or Email.
11. Methods of Payment.
As a general rule any cheques tendered will need to be cleared before removal of the goods is permitted. Please discuss with our Office in advance of the sale if other methods of payment are envisaged (except cash). We accept card payments provided that your registered address is the same as the card address.
12. Collection and storage.
Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges which are currently set at £5 plus VAT per lot per day.
EXPLANATION OF PICTURE CATALOGUING TERMS
Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of representation of fact. The Auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
The forename(s) and surname of the artist: In our opinion a work by the artist.
The initials of the forename(s) and the surname of the artist: In our opinion a work of the period of the artist which may be wholly, or in part his work.
The surname only of the artist: 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.
'English School', 'Italian School': etc: In our opinion a work executed at a later date that the style may suggest.
'Signed': Has a signature which in our opinion is a recognised signature.
'Dated': Is so dated and in our opinion was executed at that date.
The term 'bears' a signature and/or date and/or an inscription: Means that in our opinion the artist's name and/or date and/or inscription have been added by another hand.
Measurements: Height precedes width.
CONDITIONS OF SALE
Ewbank's carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. Definitions In these Conditions:
"auctioneer" means the firm of Ewbank's or its authorised auctioneer, as appropriate;
"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 the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
"hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
"terms of consignment" means the stipulated terms and rates of commission on which Ewbank's accepts instructions from sellers or their agents;
"total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
"sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
"You", "Your", etc. refer to the buyer as identified in Condition 2
The singular includes the plural and vice versa as appropriate.
2. Bidding Procedures and the Buyer
Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
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 a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
Bidders shall be deemed to act as principals.
Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments
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 27% inclusive of VAT [or incremental] at the rate imposed by law.
5. Value Added Tax
Value Added Tax on the hammer price is imposed by law on all items affixed with a '†' or double asterisk.
Value Added Tax 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 VAT position).
6. Payment
Immediately a Lot is sold you will:
give to us, if requested, proof of identity, and
pay to us the total amount due in cash or in such other way as is agreed by us.
Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
7. Title and Collection of Purchases
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.
You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and Loss and Damage Warranty charges.
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 agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
to proceed against you for damages for breach of contract;
to rescind the sale of that Lot and/or any other Lots sold by us to you;
to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
to retain that or any other Lot sold to you until you pay the total amount due;
to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
9. Third Party Liability
All members of the public on our premises are there at their own risk and must note the lay-out 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 of 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 its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
11. Warranty of Title and Availability
The seller warrants to the auctioneer and you that the seller 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 good and marketable title to the property free from any third party claims.
12. Agency
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. Terms of Sale
The seller acknowledges that Lots 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 the entry of the Lot.
14. Descriptions and Condition
Whilst we seek to describe Lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 'information to buyers'.
Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
15. Forgeries
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 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 provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
GENERAL
16.
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17.
any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
18.
Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
19.
Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
20.
Any indulgence extended to bidders buyers or sellers 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 other respects these Conditions shall be construed as having full force and effect.
21.
English law applies to the interpretation of these Conditions
