A large Moorland reproduction `Age of Jazz` figure after designs by Clarice Cliff modelled as a pair

Fieldings Auctioneers Limited

Terms and Conditions of Business

The Company provides the services of auctioneers subject to these Conditions (which can only be varied in writing where signed by a director of the Company).

Buyers

1. These conditions, together with any additional conditions appearing in the catalogue, are the terms and conditions subject to which Fieldings Auctioneers Ltd. (The Auctioneers) as agents for the vendor shall sell goods to the purchaser (The Bidder) and all other conditions, whether express, or implied at common law, or by statute, as are capable of lawful exclusion are hereby excluded. By participating in this sale all vendors and purchasers agree to be bound by these conditions and are deemed to have read and have full knowledge of them.

2. The highest bidder shall be the buyer at the hammer price except in the case of a dispute. 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.

3. The Auctioneers have the right to divide any lot, to combine any two or more lots together or to withdraw any lot or lots from sale, regulate the bidding, refuse bids or cancel the sale without giving any notice or reason whatsoever.

4. The Auctioneers have the right at their discretion to refuse entry to their premises or attendance at their auctions of any person.

5. Whilst The Auctioneers make every effort to ensure the accuracy of their catalogue and description of any lot they do not accept responsibility regarding authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot. All goods are sold with faults and imperfections and errors of description. If they have been instructed in writing by the vendor to certify a lot, the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. All statements whether printed in the catalogue or made orally are statements of opinion and are not to be taken as being or implying any warranties or representations of fact. All Bidders should rely on their own judgment as to matters affecting any lot.


6. The Auctioneer shall only accept bids from the purchasers who have, to the auctioneers’ satisfaction, completed a registration form and obtained a bidding number.

7. Persons attending the auction site and premises do so at their own risk. Except in respect of death or personal injury caused by the Auctioneers’ negligence, the Auctioneers shall not be responsible for any loss or damage that may occur on the auction site or premises.

8. The bidder shall pay to the Auctioneer a premium of 21% VAT inclusive* on the hammer price. The Premium is NOT negotiable and is payable by ALL purchasers. Deposits for exceptional lots maybe requested by the auctioneer immediately at the fall of the hammer. The bidder also agrees that the auctioneers may also receive commission from the Vendor in accordance clause 20.

8a. In accordance with Money Laundering Regulations and the Criminal Justice Act of 1993 Fieldings Auctioneers Ltd will no longer accept single cash payments exceeding £9999.00.

8b. In accordance with Artists Resale Rights Regulations 2006 all lots marked (3) which sell for €1,000 or more are subject to a resale royalty charge ("Royalty"). This Royalty is payable by the Bidder. The Royalty will be charged at a rate of 4% of the total hammer price (exclusive of Bidder's premium which is payable under clause 8a) for lots selling for amounts up to €50,000. For lots selling in excess of €50,001, the Royalty shall be calculated at a reduced rate (details available on request). The Royalty is not subject to VAT and is payable in sterling calculated on the day of sale at the prevailing rate of exchange. Payment shall be passed directly to the Design and Artists Copyright Society (DACS) 33 Great Sutton Street, London EC1V 0DX. For further information please contact the Auctioneers or DACS on 0845 4103410 or visit their website at www.dacs.org.uk

9. Immediately after a lot is sold the Bidder shall: give to the Auctioneers his name and address, and, if requested, proof of identity; and pay to the Auctioneers, all sums due to the Vendor and the Auctioneers in respect of such lot.

10. In all cases lots shall remain at the risk of the Vendor save that lots shall be at the sole risk of the Bidder form the fall of the hammer, and such lots shall be taken away with all faults, defects and errors of description, of any nature whatsoever. Neither the Auctioneers, nor their servants or agents shall at any time be responsible for any loss or damage to lots whether caused by negligence or otherwise. No purchaser shall be entitled to remove any lot until he or she has paid for the whole of the lots purchased.

11. All lots shall be removed ON THE DAY OF THE SALE unless prior arrangement has been agreed with The Auctioneers. Items not collected shall be liable for storage charges at £2.00 per day. Neither the Auctioneers nor any third party shall be responsible for any damage, theft or loss occurring during this period. All items stored by the Auctioneers shall be at the risk of the Bidder.

12. If the Bidder fails to comply with these conditions, any deposit paid by the Bidder shall be forfeited to the Vendor of the lot, he paying out of it all just expenses of the Auctioneers and the lot shall be resold by public auction or private sale and the deficiency (if any) arising upon the resale together with the expenses of it shall be due as a debt from the Bidder in default upon the first sale.

13. a) Ownership in each lot shall not pass to the Bidder until full payment has been made (in cleared funds) of all sums due to the Vendor and the Auctioneers pursuant to these Conditions.
b). Until such time as ownership of the lot passes to the Bidder the Vendor and the Auctioneers shall be able to enter onto any premises of the Bidder, or any third party where the goods are being stored and repossess the goods or be entitled at any time to require the Bidder to deliver up the Goods to the Vendor and/or the Auctioneers.

14. Any payments by the Bidder to the Auctioneers may be applied by the Auctioneers towards any sum owing from the Bidder to the Auctioneers, without regard to any directions of the Bidder or his agent, whether express or implied as to how that payment should be applied.

Online Bidding

Fieldings Auctioneers Ltd 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 Fieldings Auctioneers Ltd :

1. authorise Fieldings Auctioneers 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 the-saleroom.com, and

2. confirm that you are authorised to provide these credit card details to Fieldings Auctioneers Ltd through www.the-saleroom.com and agree that Fieldings Auctioneers 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 live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.