Buyer?s Premium 18% + VAT
All new bidders registering by phone / internet are required to provide us with your name, address, telephone number and email address.
Please email this information to firstname.lastname@example.org
For purchasers not present payment must be made by BANK TRANSFER OR BANKERS DRAFT. Details can be found on our website www.greatwesternauctions.com
Goods will not be released until this payment has cleared.
All new Registrations by phone / email will be taken no later than 4pm on the day prior to the sale.
All condition reports and bids must also be received by 4pm the day prior to the sale.
We recommend that successful purchasers who require shipping contact Mailboxes Glasgow City on 0141 222 2527
Terms & Conditions
The individual representative of the Great Western Auctions conducting the auction is hereinafter referred to as ‘the auctioneer’. Whilst Great Western Auctions has made every effort to ensure that any catalogue and the description of any lot is accurate, it shall be understood that any lot set out in the catalogue or subsequently divided or combined with any other lot or lots shall be sold by the seller with all faults, imperfections and errors of description. Great Western Auctions do not accept responsibility for the authenticity, attributions, genuineness, origin, authorship, date, age, period, condition or quality of any lot and in so far as they may specifically do so in respect of any lot they have been so instructed in writing by the seller so to certify and in doing so they do as agents of the seller are not themselves responsible for such information. All statements whether printed in the catalogue or made orally as to any of the matters of information described above shall be statements of opinion only and are not to be taken as being of implying any warranty of representation of fact by Great Western Auctions unless they have been instructed in writing by the seller to certify and in which case they do so as agents of the seller.
Great Western Auctions has absolute discretion to divide any lot, to divide or combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, to regulate bidding or to cancel the sale without, in any case, giving reason or without previous notice. Great Western Auctions shall be at liberty to bid on behalf of the seller for all goods which are being offered subject to reserve up to the amount of the reserve. The highest bidder shall be the buyer except in the case of a dispute. If during the auction Great Western Auctions considers a dispute has arisen he shall be entitled at his absolute discretion to settle the dispute or to re-offer the lot for bidding. Great Western Auctions may at his sole discretion determine the advance of bidding or refuse a bid. All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statement, modifying or affecting the same made by Great Western Auctions from the rostrum prior to any bid being accepted for the lot.
Great Western Auctions disclaim responsibility by either the buyer or the vendor because they act as agents for the vendor only and therefore, do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the vendor’s risk and must be confirmed in writing forthwith. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the general and special conditions of sale.
3.1 Every person on Great Western Auctions premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against Great Western Auctions in respect of any accident which may occur, or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Great Western Auctions employees.
4. Authority and Instruction to Sell
By delivery of any item to Great Western Auctions, hereinafter referred to as ‘Great Western Auctions’ to be included in any auction sale every seller shall be taken to acknowledge that he or she shall be bound by the whole of the conditions hereinafter written and by such delivery the item of property shall be deemed to be delivered for the purpose of sale by auction by Great Western Auctions on behalf of the seller and authority shall be deemed to have been granted to Great Western Auctions to catalogue and include the item in a sale by auction subject to these conditions.
4.1 The seller warrants Great Western Auctions and the buyer that he or she is the true owner of the lot or is authorized by the true owner to sell the lot and (in either case) is able to transfer good and marketable title to the lot free from any liens, charges or third party claims. When the selling is authorized by the true owner to sell the lot, the seller must name the owner and produce such written evidence of his authority at Great Western Auctions request.
4.2 If the seller is selling a lot not held by Great Western Auctions on its premises or under its control, the seller warrants and undertakes to Great Western Auctions and the buyer that upon demand by the buyer, the lot will be available and will be in a deliverable state.
4.3 The seller warrants that all information supplied to Great Western Auctions in connection with the lot is to the best of his knowledge, information and belief, accurate.
5. Auctioneers Right to Sell
In the event of any seller being requested to remove any goods left with Great Western Auctions and failing to do so within fourteen days of such request Great Western Auctions shall be entitled to sell such goods and recover from the price realised all costs including storage charges which have been incurred to Great Western Auctions.
6. Risk of loss or damage
Great Western Auctions shall in no circumstances be responsible for any loss or damage to any goods or for their unauthorised removal or theft unless arising from the direct negligence of Great Western Auctions or its employees.
6.1 Unless otherwise instructed in writing, all goods on Great Western Auctions premises are in their custody, and will be held insured against the risk of fire, theft following forcible entry and water damage (but not accidental breakage or damage) for which insurance Great Western Auctions will charge a premium of 1.5%. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots, the best bid, or in the case of goods withdrawn prior to a sale that which the specialised staff of Great Western Auctions shall in their absolute discretion estimate to be the auction value of such goods.
6.2 Great Western Auctions shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner’s written instructions.
6.3 Great Western Auctions shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees.
6.4 In respect of any article delivered to Great Western Auctions, if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Great Western Auctions interest as bilees in such policy or policies.
6.5 In no event will Great Western Auctions be liable for damage to glass or picture frames whether forming the whole or part of any lot, or depreciation in value following repairable damage in any lot.
6.6 Until the goods are delivered to Great Western Auctions, the risk remains with the seller
Unless written instructions as to a reserve price are received by Great Western Auctions in advance of the beginning of the auction, all goods shall be sold at auction without reserve at Great Western Auctions absolute discretion. If subsequent to the auction at which the reserve price on any goods has not been reached a buyer presents himself as willing to purchase the goods by private treaty at a price not less than the reserve price and the goods remain on Great Western Auctions premises then Great Western Auctions shall be entitled to enter into a sale by private contract at such reserve price as agents on behalf of the seller and these conditions of sale shall, so far as appropriate, operate in respect of such private contract.
7.1 Great Western Auctions shall be entitled to sell lots at a hammer price of at least 90% of the reserve, unless the seller instructs Great Western Auctions otherwise in writing prior to the commencement of the auction.
The seller shall be obliged to give indemnity to Great Western Auctions against any claim arising in respect of any goods sold by Great Western Auctions on behalf of the seller.
9. Value Added Tax
A vendor who sends for sale by auction any items which are an asset of his business must disclose to Great Western Auctions whether or not he is a registered person for value added tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc. This information must be supplied to Great Western Auctions on or prior to delivery of goods.
9.1 Value Added Tax on hammer price is imposed by law on all items affixed with a dagger (†). Value Added Tax is charged at the appropriate rate.
The vendor authorises Great Western Auctions to deduct commission and expenses at the stated rates from the hammer price and acknowledges Great Western Auctions right to retain any premium payable by the purchaser.
An illustrated colour catalogue for our Quarterly Fine Art and Antiques Sale is sent to vendors, trade buyers and specialist collectors. A charge will be made for lots illustrated in the catalogue. These charges start at £12 per lot.
Our Sales are advertised in Antiques Trade Gazette, trade publications and the local press. Our catalogue with images is displayed on the-saleroom.com and the Invaluable website.
All lots will be illustrated on our web site together with descriptions and estimates. These sales can be accessed worldwide on the internet. A charge for posting an image on the website is £5 per lot.
There is a high level of interest and bids generated by internet and online bidding and we supply international and absentee potential buyers with additional images and condition reports. The additional cost for this service is absorbed in the internet, advertising and photography charges.
11. Photographs and illustrations
The seller gives Great Western Auctions the absolute right to photograph and illustrate any lot and to use such photographs and illustrations (and any photographs and illustrations provided by the seller) as it may see fit (whether or not in connection with the auction at which the lot is to be offered for sale).
12. Payment of sale proceeds to the seller
Great Western Auctions shall pay the sale proceeds to the seller not later than 28 days after the auction if the purchase price has been received by Great Western Auctions from the buyer. Notwithstanding that the seller has not received the sale prices, he will transfer the title of the lot to the buyer.
12.1 If the buyer has not paid the purchase price to Great Western Auctions within the 28 days period, Great Western Auctions shall pay the sale proceeds to the seller not later than 7 working days after the date on which the purchase price is received.
12.2 If the buyer fails to pay the purchase price within 28 days after the auction Great Western Auctions will notify the seller who will instruct Great Western Auctions as to the appropriate course of action to take and if in the opinion of Great Western Auctions such action is practicable, it will endeavour to assist the seller to recover the purchase price, but Great Western Auctions shall be under no obligation to institute proceedings against the buyer in its own name. If Great Western Auctions do not receive instructions from the seller or if in the opinion of Great Western Auctions such proposed course of action is not practicable for whatever reason then Great Western Auctions shall be entitled to:
12.2.1 Agree terms with the buyer for the payment of the purchase price.
12.2.2 Remove, store and insure the lot sold.
12.2.3 Settle claims made by or against the buyer on such terms as Great Western Auctions shall in its absolute discretion think fit.
12.2.4 Take such steps as are necessary to collect the monies due from the buyer.
12.2.5 Where necessary, rescind the sale of the lot and refund any monies paid by the buyer.
12.3 If not withstanding, the buyer fails to pay to Great Western Auctions the purchase price, Great Western Auctions remits to the seller the sale proceeds. The ownership of the lot shall pass to Great Western Auctions.
13. Rescission of the sale
If the buyer makes a claim to rescind the sale on the basis of condition 24.1 and in Great Western Auctions opinion that claim is justified, or Great Western Auctions decides to rescind the sale on the basis of condition 12.3., Great Western Auctions may rescind the sale without further reference to the seller and refund to the buyer any amount already paid in respect of the lot.
13.1 If the seller has received any monies in respect of the sale of a lot and that sale is rescinded as mentioned in condition 24.1 Great Western Auctions has the right to recover such monies from the seller
14. Withdrawn lots
If the seller cancels his instructions for sale at any time, Great Western Auctions reserves the right to charge a fee of 10% of either Great Western Auctions upper estimate or the reserve on the lot (if one has been placed), in both cases plus VAT.
14.1 Upon withdrawal of the lot the seller shall arrange for the collection and removal of the lot at his own expense on or before two working days after the date of withdrawal. if the seller fails to remove the lot he shall pay to Great Western Auctions the storage charges due.
14.2 Any legal fees, experts’ fees and other expenses that Great Western Auctions may incur investigating any claim concerning ownership of the lot shall be borne by the seller, who shall reimburse to Great Western Auctions all such fees and other expenses on a full indemnity basis.
15. Unsold lots
If any lot fails to sell it is the vendors responsibility to collect the items within five days of the auction or instruct Great Western Auctions to re-offer the lot for sale.
15.1 In the event that the seller fails to remove the lot within five days, the items will be automatically re-entered into our next available sale without prior notice and will be sold at best or disposed of at the auctioneers discretion.
Each buyer who makes a bid acknowledges that he has satisfied himself fully by inspection or otherwise as to all the sale conditions and description of the lot on which he or she bids including, but not restricted to whether the lot is damaged or has been repaired or restored.
17. Property and risk
No buyer shall acquire legal title to any lot or lots purchased by him until payment in full has been made. Great Western Auctions shall be entitled to exercise a lien on any lot sold until the purchase price is paid in full. Each lot purchased (by a buyer) shall however be at the risk of the buyer of that individual lot from the fall of the hammer. Before making a bid each buyer shall be obliged to give his full name, permanent address and contact telephone number and is so requested by Great Western Auctions (at their sole discretion) to immediately pay to them a proportion of the purchase price as they may require in their absolute discretion. In the event of any buyer failing to comply with the terms of this condition Great Western Auctions shall be entitled to put the individual lot or lots in question for re-bidding and they may be re-sold.
18. Buyer as principal
Every bidder shall be deemed to be acting as a principal unless prior to the time of the auction there is a written acknowledgement by Great Western Auctions to the effect that he is acting as an agent only on behalf of a named and disclosed principal.
19. The Buyer
Any dispute as to who is the buyer of any lot shall be settled by Great Western Auctions.
20. Removal of goods
No goods purchased shall be claimed or removed until they have been paid for in full. All goods purchased shall be paid for and removed at the buyers risk and expense by a time no later than the end of the first working day after the sale, failing which Great Western Auctions shall not be responsible for any loss, damage, destruction or theft of the goods and all lots not so removed shall remain at the risk of the buyer. In the event that any goods are not paid for and removed within seven days after the sale Great Western Auctions shall be entitled to re-sell them by auction or privately without further notice to the buyer. Great Western Auctions shall not be obliged to accept payment from a successful bidder other than in cash, debit cards, credit cards (3% surcharge inclusive of vat), in person, otherwise by banker's draft or bank transfer in pounds sterling. International payments will be charged an additional £20 for bank charges. Storage charges will apply to Furniture not collected within one week of purchase unless by prior arrangement.
21. Buyers premium
The buyer shall be obliged to pay the hammer price together with a premium of 18% on the hammer price, in addition together with value added tax at the current rate on the said premium. The buyer acknowledges that Great Western Auctions may also receive a commission from the seller in accordance with the foregoing terms of these conditions.
Lots purchased online with the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
Where VAT is payable by the buyer on the hammer price this is indicated in the catalogue by an asterix.
23. Commission bids
Prospective buyers are advised to attend in person auctions run by Great Western Auctions. However Great Western Auctions will if so instructed execute written bids up to a specified limit from prospective buyers sent by e-mail, or received by phone by Great Western Auctions in advance of an auction or (at Great Western Auctions discretion) bids by telephone made by or on behalf of prospective buyers before the auction. The buyer shall deliver any instructions regarding commission bids whether delivered by e-mail, telephone or in person to an employee of Great Western Auctions, being Great Western Auctions or an employee authorised to accept such instructions. Neither Great Western Auctions nor its employees or agents will be liable for any neglect, default or failure to act in connection with any commission bids.
23.1 In the event that Great Western Auctions has received commission bids on a lot for identical amounts and at auction those commission bids are the highest bids for the lot it is at Great Western Auctions ultimate discretion that it shall be sold to the person whose commission bid was received first.
24. Liability of Great Western Auctions and the seller
Neither the seller, Great Western Auctions or its employees or agents are responsible for errors of description (made either orally or in any catalogue) or for the genuineness or authenticity of any lot. No warranty whatsoever is given by Great Western Auctions, its employees or agents by any seller to any buyer in respect of any lot and any express or implied conditions and warranties are hereby excluded.
24.1 Notwithstanding any other terms of these conditions, if within 21 days after the sale Great Western Auctions has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery, the buyer returns the lot to Great Western Auctions in the same condition as at the time of sale then the sale will be rescinded and any amount paid in respect of the lot will be refunded, provided that the buyer shall have no right under this condition if;-
24.1.1 The buyer is not able to satisfy Great Western Auctions that the lot is a deliberate forgery on the basis of evidence from experts;
24.1.2 The only method of establishing at the date of publication of the catalogue that the lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the catalogue or a process which was unreasonably expensive or impractical, or;
24.1.3 The buyer is not able to transfer a good and marketable title to the lot free from any third party claims.
24.2 Any claim by a buyer under condition 24.1 shall be limited to any amount paid in respect of the lot and shall not extend to any consequential loss suffered by him as a result of the lot being a deliberate forgery.
24.3 The benefit of this condition shall not be assignable and shall only extend to the buyer, being the person to whom the original invoice was made out by Great Western Auctions in respect of the lot when sold and who has since the sale retained uninterrupted, unencumbered ownership of that lot.
24.4 Coloured Gemstones
It is common practice for gemstones to be treated in order to enhance colour and clarity. Unless stated, buyers should presume coloured stones may well have been exposed to some sort of treatment. The lot is available for inspection and you must form your own opinion in relation to it.
JADE: Will be described as jadeite or Chinese hardstone unless provenance is certain.
AMBER: will be described as amber coloured unless provenance is certain.
A prospective buyer must prior to an auction register to bid and give Great Western Auctions his full name, permanent address and telephone number and if requested by Great Western Auctions banking or other suitable references.
25.1 The purchase price must be paid to Great Western Auctions not later than 48 hours following the auction.
25.2 Full payment for all lots must be made to Great Western Auctions by means of cash, debit card, credit card (3% surcharge inclusive of vat), banker’s draft or bank transfer in pounds sterling. Debit and credit card payments can only be accepted if the buyer is paying in person.
25.3 Any payments by a buyer to Great Western Auctions may be applied by Great Western Auctions towards or set off against any sums owing from that buyer to Great Western Auctions on any account.