TURNER, J. M. W. Autograph Letter Signed - (ALS) An autograph letter, dated `Sunday Evening`, to `My

These Conditions of Sale and Business constitute the contract between Fraser's Autographs (the "Auctioneer") and the seller, on the one hand, and the buyer on the other.
By bidding at the auction, you agree to be bound by these terms.
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 Buyer agrees to pay a buyer's premium on the hammer price of each lot purchased. The buyer's premium is 24% (28.8% including VAT) of the hammer price on each lot up to and including £150,000, plus 12% (14.40% including VAT) for any amount in excess of £150,000. VAT at the prevailing rate of 20% is added to all of these premiums and additional charges as defined below.
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. Descriptions and Conditions. Condition reports are provided on our website or upon
request. The absence of a report does not imply that a lot is without imperfections. The
detail in a report will reflect the estimated value of the lot, and large numbers of such
requests received shortly before the sale may not receive a response to all lots. Members
of staff are not trained restorers or conservators and, particularly for higher value lots, you
should obtain an opinion from such a professional. We recommend that you always view a
lot in person.
We are, primarily, agents for the seller. We are dependent on information provided by the
seller and whilst we may inspect lots and act reasonably in taking a general view about
them we are normally unable to carry out a detailed or any examination of lots in order
to ascertain their condition in the way in which it would be wise for a buyer to do. Intending
buyers have ample opportunity for inspection of goods and, therefore, accept responsibility
for inspecting and investigating lots in which they may be interested. Please note carefully
the exclusion of liability for the condition of lots contained in the Conditions of Sale. 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 so far as we have examined the goods and make a representation about their
condition, we shall be liable for any defect which that examination ought to have revealed
to the auctioneer but which would not have been revealed to the buyer had the buyer
examined the goods. Additionally, in specified circumstances lots misdescribed because
they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time
limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Electrical goods. These are sold as 'antiques' only and if bought for use must be checked
over for compliance with safety regulations by a qualified electrician first.
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 fax.
11. Methods of Payment. Any cheques tendered will need to be cleared before removal of the
goods is permitted. The following methods of payment are acceptable:
Sterling cheque to be drawn on a UK bank and made payable to 'Fraser's Autographs'. It
will be necessary to allow at least five working days for the cheque to clear before
collecting your purchases.
Bank transfer. All transfers must state the relevant sale number, lot number and your bid
/ paddle number. If transferring from a foreign currency, the amount we receive must be
the total due in pounds sterling (after currency conversion and the deduction of any bank
charges). Our bank details can be found on the reverse of your invoice or in the sale
catalogue under 'Important Notices'.
Debit cards drawn on a UK bank and registered to a UK billing address. There is no
additional charge for purchases made with these cards. Debit cards drawn on an overseas
bank or deferred debit cards will be subject to a 3% surcharge.
Sterling cash payments of up to £8,000 and debit cards payments can be made at the
Cashier's Office, either during or after the sale.
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.
13. Droit de suite royalty charges. From 1st January 2012 all UK art market professionals
(which includes but is not limited to; auctioneers, dealers, galleries, agents and other
intermediaries) are required to collect a royalty payment for all works of art that have been
produced by qualifying artists each time a work is re-sold during the artist's lifetime and for
a period up to 70 years following the artists death. This payment is only calculated on
qualifying works of art which are sold for a hammer price more than the UK
sterling equivalent of EURO 1,000 - the UK sterling equivalent will fluctuate in line with prevailing
exchange rates.
It is entirely the responsibility of the buyer to acquaint himself with the precise EURO to
UK Sterling exchange rate on the day of the sale in this regard, and the auctioneer accepts
no responsibility whatsoever if the qualifying rate is different to the rate indicated.
All items in this catalogue that are marked with ? are potentially qualifying items, and the royalty charge will be applied if the hammer price achieved is more than the UK sterling
equivalent of EURO 1,000.The royalty charge will be added to all relevant buyers' invoices,
and must be paid before items can be cleared. All royalty charges are passed on to the
Design and Artists Copyright Society ('DACS'), no handling costs or additional fees with
respect to these charges will be retained by the auctioneers.
The royalty charge that will be applied to qualifying items which achieve a hammer price of
more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling
equivalent of EURO 50,000 is 4%. For qualifying items that sell for more than the UK sterling
equivalent of EURO 50,000 a sliding scale of royalty charges will apply - for a complete
list of the royalty charges and threshold levels, please see www.dacs.org.uk. There is no
VAT payable on this royalty charge.
TERMS OF CONSIGNMENT FOR SELLERS
1. Interpretation. In these Terms the words 'you', 'yours', etc. refer to the Seller and if the
consignment of goods to us is made by an agent we assume that the Seller has authorised
the consignment and that the consignor has the Seller's authority to contract. Similarly the
words 'we', 'us', etc. refer to the Auctioneers.
2. Warranty. The Seller warrants that possession in the lots can be transferred to the Buyer
with good and marketable title, free from any third party right and encumbrances, claims
or potential claims. The Seller has provided all information concerning the items
ownership, condition and provenance, attribution, authenticity, import or export history
and of any concerns expressed by third parties concerning the same.
3. All commissions and fees are subject to VAT at the prevailing rate.
4. Commission is charged to sellers at the following rates:- please enquire at our salerooms.
5. Removal costs. Items for sale must be consigned to the saleroom by any stated deadline
and at your expense. We may be able to assist you with this process but any liability
incurred to a carrier for haulage charges is solely your responsibility.
6. Loss and damage of goods.
(a) Loss and Damage Warranty - Dreweatts is not authorised by the FSA to provide
insurance to its clients, and does not do so. However Fraser's Autographs for its own protection,
assumes liability for property consigned to it at the lower pre-sale estimate until the
hammer falls. To justify accepting liability, Fraser's Autographs makes a charge of 1.5% of the
hammer price plus VAT, subject to a minimum charge of £1.50, or if unsold 1.5% of
our lower estimate. The liability assumed by Fraser's Autographs shall be limited to the lower pre-
sale estimate or the hammer price if the lot is sold.
(b) If the owner of the goods consigned instructs us in writing not to take such action, the
goods then remain entirely at the owners risk unless and until the property in them
passes to the Buyer or they are collected by or on behalf of the owner, and clause 6 (a) is
inapplicable.
7. Illustrations. The cost of any illustrations is borne by you. If we consider that the Lot should
be illustrated your permission will be asked first. The copyright in respect of such
illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.
8. Minimum bids and our discretion. Goods will normally be offered subject to a reserve
agreed between us before the sale in accordance with clause 9. We may sell Lots below the
reserve provided we account to you for the same sale proceeds as you would have received
had the reserve been the hammer price. If you specifically give us a "discretion" we may
accept a bid of up to 10% below the formal reserve.
9. Reserves.
(a) You are entitled to place prior to the auction a reserve on any lot consigned, being the
minimum hammer price at which that lot may be sold. Reserves must be reasonable
and we may decline to offer goods which in our opinion would be subject to an
unreasonably high reserve (in which case goods carry the storage and loss and damage
warranty charges stipulated in these Terms of Consignment).
(b) A reserve once set cannot be changed except with our consent.
(c) Where a reserve has been placed only we may bid on your behalf and only up to the
reserve (if any) and you may in no circumstances bid personally.
(d) Reserves are not usually accepted for lots expected to realise below £100
10. Electrical items. These are subject to detailed statutory safety controls. Where such items
are accepted for sale you accept responsibility for the cost of testing by external contractors.
Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale.
They must be removed at your expense on your being notified. We reserve the right to
dispose of unsafe goods as refuse, at your expense.
11. Soft furnishings. Soft furnishings. The sale of soft furnishings is strictly regulated by
statute law in the interests of fire safety. Goods found to infringe safety regulations will not
be offered and must be removed at your expense. We reserve the right to dispose of unsafe
goods as refuse, at your expense.
The rights of disposal referred to in clause 10 and 11 are subject to the provisions of The
Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for
inspection on request
12. Descriptions. Please assist us with accurate information as to the provenance etc. of
goods where this is relevant. There is strict liability for the accuracy of descriptions under
modern consumer legislation and in some circumstances responsibility lies with sellers if
inaccuracies occur. We will assume that you have approved the catalogue description of
your lots unless informed to the contrary. Where we are obliged to return the price to the
buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and
we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds.
13. Unsold. Unsold. If an item is unsold it may at our discretion be re-offered at a future sale.
Where in our opinion an item is unsaleable you must collect such items from the saleroom
promptly on being so informed. Otherwise, storage charges may be incurred. We reserve
the right to charge for storage in these circumstances at a reasonable daily rate.
14. Withdrawn and bought in items. These are liable to incur a charge of 15% commission,
1.5 % Loss and Damage Warranty and any other costs incurred including but not limited to
illustration and restoration fees all of these charges being subject to VAT on being bought
in or withdrawn after being catalogued.
15. Conditions of Sale. You agree that all goods will be sold on our Conditions of Sale. In
particular you undertake that you have the right to sell the goods either as owner or agent
for the owner. You undertake to compensate us and any buyer or third party for all losses
liabilities and expenses incurred in respect of and as a result of any breach of this
undertaking. We will also, at our discretion, and as far as practicable, confirm that an
item consigned for sale does not appear on the Art Loss register, which is administered by
an independent third party.
16. Authority to deduct commission and expenses and retain premium and interest.
(a) You authorise us to deduct commission at the stated rate and all expenses incurred
for your account from the hammer price and consent to our right to retain
beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
(b) You authorise us in our discretion to negotiate a sale by private treaty not later than the
close of business 48 hours after the day of sale in the case of lots unsold at auction, in
which case the same charges will be payable as if such lots had been sold at auction
and so far as appropriate these Terms apply.
17. Warehousing. We disclaim all liability for goods delivered to our saleroom without sufficient
sale instructions and reserve the right to make minimum warehousing charge of £10 per
lot per day. Unsold lots are subject to the same charges if you do not remove them within a
reasonable time of notification. If not removed within three weeks we reserve the right to
sell them and defray charges from any net proceeds of sale or at your expense to consign
them to the local authority for disposal.
18. Settlement. After sale settlement of the net sum due to you normally takes place within 28
days of the sale (by crossed cheque to the seller) unless the buyer has not paid for the
goods. In this case no settlement will then be made but we will take your instructions in the
light of our Conditions of Sale. You authorise any sums owed by you to us on other
transactions to be deducted from the sale proceeds. You must note the liability to reimburse
the proceeds of sale to us as under the circumstances provided for in Condition 12 above.
You should therefore bear this potential liability in mind before parting with the proceeds
of sale until the expiry of 28 days from the date of sale.
CONDITIONS OF SALE
Fraser's Autographs 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:
(a) "auctioneer" means the firm of Fraser's Autographs or its authorised auctioneer, as
appropriate;
(b) "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;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the
auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which
Fraser's Autographs accepts instructions from sellers or their agents;
(e) "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;
(f ) "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;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding procedures and the Buyer
(a) Bidders are required to register their particulars before bidding and to satisfy any
security arrangements before entering the auction room to view or bid;
(b) 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.
(c) Bidders shall be deemed to act as principals.
(2) 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. together with a premium thereon of 28.8% which shall include VAT on
the premium at the rate imposed by law. The buyer will also be liable for any royalties
payable under Droit de Suite as set out under Information for Buyers.
5. Value Added Tax. Value Added Tax on the hammer price is imposed by law on all items
affixed with an asterisk 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
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due or in such other way as is agreed by us.
(2) 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.
(3) Buyers who utilise the services of ATG Live Auctions or any other live internet services
are hereby informed that the payment method details that are provided to ATG Live
Auctions or any other live internet services as part of the process of registration will, in
the absence of compliance with paragraph (1) of this clause, be utilised by us to settle any
amounts owing by such buyers to us.
7. Title and collection of purchases
(1) 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.
(2) 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 insurance charges.
(3) No purchase can be claimed or removed until it has been paid for.
(4) Fraser's Autographs can accommodate packing and shipping for certain items. For lots
they are unable to provide this service for, successful buyers must make these
arrangements independently, though the saleroom may be able to suggest specialist
shipping companies who can advise buyers, this advice is not a recommendation and
the saleroom is not liable for any aspect of the packaging and shipping process. Please
note that the cost of packaging and shipping depends on the size/weight of the item(s)
purchased, insurance requirements, and the shipping destination, not on the value of
the item(s) purchased. Please note that any items not collected within one week of
the sale date may be automatically removed to commercial storage and subject to a
storage charge.
8. Remedies for non-payment or failure to collect purchases
(1) 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:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) 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;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at
our premises or elsewhere;
(e) 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;
(f ) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions
before any such bids shall be accepted;
(h) 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.
(2) 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 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
(1) 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".
(2) 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. (1) 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.
(2) 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, email 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.