Sale Terms and Important Information

These conditions are the basis of Horley Auctions agreement with the Seller. Please read them carefully and ask for an explanation of anything that you do not understand. Under the terms of this agreement we act as your agent. This means you will be responsible for all statements and representations made by us on your behalf and you will be the principal to the Contract for Sale with the Buyer of the Lot and responsible for breaches of that contract. For that reason you are required to give us certain undertakings about the Lot in paragraph 4 and you must ensure that what you tell us about the Lot is correct and complete (see paragraphs 4.1.5 and 4.1.6). You must check the Entry (see paragraph 6.3) if the Catalogue is made available to you prior to the Sale. As your agent, we are not under any obligation, either to you or to any Buyer, under the Contract for Sale which you make through us. Our liability to you is governed by this agreement. We will offer the Lot for sale on the terms of the Contract for Sale, set out in Appendix 1 of the Catalogue. The Contract for Sale will govern your relationship with any Buyer. The way in which we conduct auctions is explained in our Notice to Bidders, set out in the Catalogue. We also have our own agreement with any Buyer, our Buyer’s Agreement, which is set out in Appendix 2 of the Catalogue. Definitions and a Glossary of words and phrases used by us in this agreement and in these associated documents are set out in Appendix 3 of the Catalogue, and are incorporated into this agreement. Words and phrases that appear in the List of Definitions are printed in italics. We will provide you with copies of the text of these documents before you enter into your agreement with us and you should familiarise yourself with them because, by entering into this agreement, you consent to our selling the Lot on your behalf in accordance with our Notice to Bidders and on the terms of the Contract for Sale and consent to our entering into our Buyer’s Agreement with any Buyer. You should in particular be aware of the Guarantee contained in the Buyer’s Agreement, which we give personally to the Buyer. Subject to the terms of the Guarantee, we undertake to buy back at the Purchase Price any Forgery (and, in the case of Stamps, Lots which do not comply with their Contractual Description and in the case of Books, Lots which do not contain text or illustrations) and, in this agreement with you, you agree to reimburse us for our costs and expenses in performing this Guarantee (see paragraph 14). All of the documents referred to above are subject to alteration by us before the sale of your Lot, but we will only alter them in a way which is reasonable as between you and us. DATA PROTECTION – USE OF YOUR INFORMATION Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our Website www.horleyauctions.co.uk or requested by post or by email from infor@horleyauctions.co.uk

OUR OBLIGATIONS 1. subject to any express written agreement we may make to provide additional (or fewer) services, we will: 1.0.1 if you bring the Lot in to us for examination or if we agree to examine it elsewhere, carry out the limited examination of the Lot which we describe in paragraph 1.2.1; 1.1.2 based on any information you give to us about the Lot or we may have obtained about it, (including as a result of any Standard Examination or Specialist Examination we have carried out) publish a brief Entry about the Lot in the Catalogue on the basis explained in paragraph 1.3 and paragraph 6; 1.1.3 agree a Reserve, or that the Sale will be Without Reserve, in accordance with paragraph 7; 1.1.4 take delivery of and store the Lot in accordance with paragraph 8; 1.1.5 expose the Lot in pre-sale viewings or any other viewings as Gorringe’s may think fit and enter the Lot in the Sale; 1.1.5.1 produce a Condition Report in respect of the Lot where requested to do so by a potential Buyer if we think it appropriate to do so; 1.1.6 conduct the Sale in accordance with paragraph 11; 1.1.7 accept payment from the Buyer of the Purchase Price and hold the Sale Proceeds on trust for you in accordance with paragraph 12; 1.1.8 deal with a Lot sold at the Sale in accordance with paragraph 12 (including exercising on your behalf and for both your and our benefit all and any of your rights and powers to collect payment of the Purchase Price); 1.1.9 deal with and sell any Lot unsold at the Sale in accordance with paragraph 13. 1.2 Examinations 1.2.1 when you consign a Lot for Sale by us at any saleroom, except 15 North Street, we will carry out a Standard Examination of the Lot. The Standard Examination that we agree to carry out under this agreement is a visual examination of the Lot by a non-specialist member of our staff. The degree of skill and care exercised by us in such a Standard Examination will be proportionate to an examination of this limited nature. At 15 North Street, a specialist on the Lot will carry out a visual examination (a Specialist Examination). Such examinations will not involve investigation or research into the Lot, nor tests on it. If we perform a Specialist Examination, the degree of skill and care involved will increase proportionately to the level of skill and care that would reasonably be expected from a specialist on the Lot; 1.2.2 if you would like your Lot to be examined by a specialist on the Lot or for us to carry out investigation, research or tests on the Lot, we will endeavour to arrange this. We may require you to pay additional Expenses or a separate fee for arranging this, which we will agree with you; 1.2.3 we may also carry out for our own benefit (possibly without reference to you) our own investigations, research, tests, or specialist(s) or other examinations of the Lot, but we are under no obligation whatsoever to do so. If we choose to do so, you do not have to pay for it and it will not form part of any Standard Examination or Specialist Examination. 1.3 Descriptions and Estimates 1.3.1 when providing a Standard Examination or Specialist Examination, we will normally provide an Estimate. An Estimate is only an expression of our opinion of the range within which we think the Hammer Price for the Lot at the Sale is likely to be. It is not an estimate of value. It does not take account of any VAT or Buyer’s Premium payable. Lots can in fact sell for Hammer Prices below and above the Estimate. Any Estimate should not be relied on as an indication of the actual selling price or value of a Lot; 1.3.2 anything stated or represented by us or on our behalf in any Description in relation to the authorship, attribution, condition, provenances, history, background, authenticity, style, period, age, suitability, quality, roadworthiness, origin, value, or future selling price (including the Hammer Price) of any Lot or by any Estimate given in relation to it, whether in the Catalogue or on our Website or otherwise, and whether made orally or in writing, is only an expression of our opinion; 1.3.3 any Descriptions, Estimates or opinions given by us or on our behalf will be honestly given, using such skill and care as is reasonable having regard to the extent of that visual examination in the Standard Examination (or, if relevant, Specialist Examination) of the Lot and any information about the Lot you have given us or we may have obtained about it. If you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the Description of the Lot given by you or on your behalf in any opinion or Description or any Estimate we give; 1.3.4 save that any Description, Estimate or opinion is honestly given with the degree of skill and care referred to in paragraph 1.3.3, we neither make nor agree to make any contractual promise, undertaking, obligation, guarantee, warranty or representation of fact in relation to any such Description, Estimate or opinion or in relation to the accuracy of anything stated in or represented by any expression of that Description, Estimate or opinion; 1.3.5 any statements or representations contained in any Description or any Estimate may be changed by us at any time until the Lot is sold (and will be, if we alter our opinion after it has been given); 1.3.6 if you wish us to provide a formal valuation of any Lot, you will need to request this, and enter into a separate agreement with us specifying, in detail, the purposes for which the valuation is required and providing us with greater information in relation to the Lot than is contained in the Contract Form. As this is an additional service (in addition to our acting as your agent to sell your Lot), we will make a further charge for undertaking any valuation.

2. PRE-CONTRACT STATEMENTS AND REPRESENTATIONS AND THE CONTRACT FORM 2.1 we provide a free service to members of the public who bring in items for examination by us. Because the service is free and you are under no obligation to us in relation to it, and because on such examinations we merely express an opinion in relation to such items (which opinion we may change subsequently) and because we undertake specific obligations to you under this agreement, we owe you no duty (other than to be honest) either in contract or tort in relation to anything stated or represented (expressly or by implication) to you about the Lot and no such statement or representation will be incorporated into this agreement and any liability under the Misrepresentation Act 1967 will be limited to the amount of any Consignment Fee payable; 2.2 any Description of the Lot on the Contract Form is for the purposes of identification only and (subject to paragraph 1.3.3 above) is not to be relied on.

3. PAYMENTS BY YOU 3.1 unless otherwise agreed in writing between us, you will pay to us either: 3.1.1 unless the Lot is sold by us (in which case paragraph 3.1.2 applies), the Consignment Fee (which will be payable on demand). The Consignment Fee will be calculated according to the following scale of charges: If you withdraw the lot after the catalogue is sent to press or published on the internet - the consignment fee will be calculated at 20% plus VAT of the reserve or lower estimate. If paragraph 7.6 applies (excessive Reserve placed on the Lot by you), the Consignment Fee will be calculated at 25% of the Reserve placed by you; 3.1.2 if the Lot is sold by us, on such Sale, Commission calculated in accordance with the charges listed on the Contract Form; 3.2. unless paragraphs 7.6 (excessive Reserve placed on the Lot by you) or 10.1 (refusal to sell for cause) apply, we will charge the minimum sale fee if the Lot is offered for Sale during the Sale but is not sold by us on your behalf either during the Sale or under paragraph 13. Minimum sale fee £10 per lot. We will waive the Minimum sale fee if agreed prior so that no unsold charges will be made or if we refuse to sell the Lot pursuant to paragraph 10.3. 3.3 in addition, you will pay us any Expenses on demand; 3.4 unless otherwise stated in this agreement, all sums payable to us will be subject to VAT at the appropriate rate and VAT will be payable by you on all such sums; 3.6 any sum due from you but unpaid on the due date will bear interest (after as well as before judgement or order) at the annual rate of 5% per annum above the base lending rate of Barclays Bank Plc from time to time to be calculated on a daily basis from the date the sum became due until payment; 3.7 time will be of the essence in relation to the payment of any sums payable by you to Horley Auctions.

4. YOUR UNDERTAKINGS TO US 4.1 we are selling the Lot on your behalf as your agent and you therefore undertake to us that: 4.1.1 you are the owner of the Lot or, if you are not the owner of the Lot (whether or not you have notified us that you are acting as an agent for a principal), you are duly authorised by the owner of the Lot to sell it; 4.1.2 save as disclosed to us in writing, you sell the Lot with full title guarantee free from all liens, charges, encumbrances and third party claims; 4.1.3 you are legally entitled to sell the Lot and you are legally capable of conferring on the Buyer quiet possession of the Lot and that in the event our selling the Lot, the Sale will conform in every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (see the Definitions and Glossary); 4.1.4 you have complied with all requirements, legal or otherwise, relating to any export or import of the Lot, all duties and taxes in respect of the export or import of the Lot have (unless otherwise agreed in writing with us) been paid and, so far as you and any principal for whom you act in relation to the Lot are aware, all third parties have complied with such requirements in the past; 4.1.5 you have notified us in writing of any material alterations to the Lot and provided us accurately with all information (including any concerns expressed by third parties relating to the authorship, attribution, condition, provenance, authenticity, age, suitability, quality and origin of the Lot) in relation to the Lot, or any Description of it, of which you are aware or which is in your possession or of which any principal for whom you act in relation to the Lot is aware or possesses; 4.1.6 you have notified us of all information of which you are aware or reasonably ought to be aware relating to the present or past ownerships or use of the Lot (including any association of the Lot with persons or events of note); 4.1.7 in so far as you or any principal may become aware of any information (including any concerns expressed by third parties) in relation to the Lot, or any Description of it, after this agreement has been made, you will promptly inform us of it; 4.1.8 unless you notify us in writing to the contrary at the time the Lot is delivered to us, there are no restrictions, (whether copyright or otherwise), affecting the Lot or our rights to photograph or illustrate the Lot, or reproduce (in any manner and in any media) photographs or illustrations or any text of any information or Description of, about or relating to the Lot provided by you or on your behalf; 4.2 you authorise us to give to the Buyer on your behalf the undertakings or information referred to at paragraphs 4.1.1 to 4.1.8.

5. INDEMNITIES FROM YOU 5.1 you agree to indemnify us against all claims, proceedings, liabilities, costs, Expenses and losses arising from: 5.1.1 any actual or alleged breach of any undertaking or obligation by you to us, whether by act or omission or otherwise; 5.1.2 any injury, loss or damage caused to any person by you; 5.1.3 our exercising any of our rights, powers and/or duties under paragraphs 10.1, 10.4 or 12.12; 5.1.4 our receiving or recovering (or seeking to recover where you have authorised us to do so) the Purchase Price, in particular our exercising any of our rights, powers and/or duties under paragraph 12.12, where our costs and Expenses are not otherwise recouped by us; 5.1.5 your fraud and our exercising any of our rights or powers under paragraph 15 in the event of fraud; 5.1.6 without prejudice to paragraph 5.1.1, any error, mis-description or omission in any Description of the Lot or any Estimate in relation to it, so long as it was not caused by a breach of our duty to you under this agreement to exercise reasonable skill and care. 158

6. CATALOGUE & MARKETING 6.1 we will publish an Entry about the Lot in the Catalogue for the Sale. This may be by insert after publication of the Catalogue. The Entry may also at our discretion be published on our Website but we are under no obligation to do so; 6.2 the Entry will contain an Estimate and an expression of our opinion in relation to the Lot in addition to the Contractual Description of the Lot. We may at our discretion include photograph(s) and/or illustration(s) of the Lot in the Entry, but we are not under any obligation to do so, unless otherwise expressly agreed with you. The Entry is published by us as your agent on your behalf; 6.3 a copy of the Entry or of the Catalogue itself will normally be made available to you prior to the Sale and, if it is, you must notify us immediately (and in any event before the Sale) in writing, by recorded delivery, to 247, Balcombe Road. Horley, Surrey. RH6 9EF or by email to infor@horleyauctions.co.uk  if there is anything in either the Entry and/or the Catalogue in relation to the Lot which you (or any principal on whose behalf you act) are aware is, or may be, inaccurate or incorrect or, in the case of any Description of the Lot, incomplete in any material respect; 6.4 we may at our discretion produce on your behalf other marketing or promotional material in relation to the Lot but are not under any obligation to do so unless we agree with you to do so, in which case we may charge you for it; 6.5 any Entry or any marketing or promotional material may be revised either orally or in writing from time to time (including during the Sale) at our discretion; 6.6 the copyright in the text and the photographs and illustrations of the Lot contained in the Entry or the Catalogue or on our Website or in any marketing or promotional material belongs to us. You will not reproduce or permit anyone else to reproduce such text, photographs or illustrations without our prior written consent; 6.7 you will not produce or issue or cause to be produced or issued any marketing or promotional material nor make nor cause to be made any public announcements relating to the Lot prior to the Sale.

7. RESERVES 7.1 the Lot will be sold Without Reserve unless a Reserve has been agreed with us or we have accepted a Reserve under paragraph 7.5 or if paragraph 7.6.1 or 7.6.3 applies; 7.2 an agreed Reserve or the agreement that the Lot is to be sold Without Reserve cannot be altered without our written consent; 7.3 if the Contract Form states a figure for the Reserve, that is the agreed Reserve with which the Lot will be sold; 7.4 if the Contract Form states that the Reserve is “NR”, “sell” or “0” or that the Lot is to be sold Without Reserve or that there is no Reserve, it is agreed that the Lot will be sold Without Reserve; 7.5 if the Contract Form does not contain any of the statements referred to in paragraphs 7.3 or 7.4, the Lot will be sold Without Reserve unless by written notice received by us at least 24 hours prior to the start of the Sale, you ask us to place a Reserve on the Lot at a particular figure and we accept, in writing, that figure as the Reserve; 7.6 if the figure you give for the Reserve in the Contract Form or in a notice under paragraph 7.5 exceeds the lower figure of any Estimate for the Lot which we have notified to you, we can refuse to accept it as the Reserve. If we do so, we will give you notice of this and the Lot will be offered for Sale Without Reserve unless: 7.6.1 you agree that the Lot is offered for Sale at a Reserve set by us; or 7.6.2 you withdraw the Lot, giving us a Withdrawal Notice, in which case you will remain liable to pay us the Consignment Fee and any other Expenses owing; or 7.6.3 you agree that the Lot is offered for Sale at the Reserve placed by you on the basis that, if the Lot does not sell at the Sale for an amount equal to or greater than that Reserve, you will pay us the Minimum Sale Fee and any other Expenses owing if it is not sold; 7.7 all Reserves will be in the currency of the country in which the Lot is to be sold. Any Reserve placed in any other currency will be converted into that currency using the mid-market exchange rate at the close of business on the day before the Sale as quoted to us by Barclays Bank Plc; 7.8 where a Reserve has been placed on the Lot, the Auctioneer may, at his sole discretion, place bids (up to an amount not equalling or exceeding the Reserve) on your behalf; 7.8.1 where a reserve has been placed on the Lot, the Auctioneer may, where he deems it necessary accept a bid for the lot one bid below the reserve; 7.9 where the Contract Form states that we are given “discretion” or “wide discretion” in relation to the Reserve, you authorise us (and the Auctioneer) if the Auctioneer deems it necessary in order to sell the Lot (regardless of estimate) to accept bids for the Lot at up to 10% or 50% respectively less than the Reserve; 7.10 in addition to the authority under paragraph 7.9, you authorise us (and the Auctioneer) to accept bids (and sell at a Hammer Price) at less than the Reserve (or, if we are given “discretion” or “wide discretion” under paragraph 7.9, at 10% or 50% as appropriate of the Reserve) provided that where we rely on that authority the Sale Proceeds paid to you are calculated on the basis that the Hammer Price was an amount equal to the Reserve (or, if we are given discretion” or “wide discretion” under paragraph 7.9, an amount equal to 90% or 50% as appropriate of the Reserve); 7.11 you authorise us (and the Auctioneer) to refuse a bid(s) from any Bidder, including from the highest Bidder, and whether or not there is a Reserve if such refusal is reasonable for the protection of your and/or our interests in the circumstances.

8. DELIVERY, RESPONSIBILITY FOR THE LOT, STORAGE & RE-COLLECTION 8.1 Delivery: 8.1.1 unless otherwise agreed with you, you will deliver the Lot at your expense into our custody at the place and time we will require of you; 8.1.2 you must notify us in writing at the time of delivery of the Lot of any special requirements and precautions reasonably required by you for its storage. You will be required to pay any additional costs which may be incurred as a consequence of your requirements. If your requirements are unreasonable we may refuse to accept the Lot and may terminate this agreement forthwith, and you will remain liable to pay us the Consignment Fee; 8.2 Responsibility for the Lot: 8.2.1 unless otherwise agreed in writing between you and us, we accept responsibility to you, on the basis set out in paragraph 8.2.2, for any damage to or loss or destruction of the Lot (other than a Lot which is a motor vehicle) whilst the Lot is in our custody (whether or not caused by our negligence but excluding damage, loss or destruction that is caused directly or indirectly by Terrorism) (the “Loss and Damage Warranty”) and you agree to pay us the Loss and Damage Warranty Fee described in paragraph 8.2.3 in consideration for us accepting such responsibility; 8.2.2 without prejudice to your statutory rights:- 8.2.2.1 our sole obligation to you under the Loss and Damage Warranty will be to pay you for any such damage, loss or destruction as referred to in paragraph 8.2.1 up to an aggregate amount, in the case of total loss, equal to:- (a) until the Lot is sold, a sum equal to the mid estimate with no deductions for commission or any other charges; or (b) after the Lot has been sold but before title in the Lot has passed to the Buyer, the amount of the Hammer Price less Commission and VAT; 8.2.2.2 our responsibility to you under the Loss and Damage Warranty will only continue until:- (a) if the Lot is sold, the earlier of the collection of the Lot by or on behalf of the Buyer and the date that the Lot is taken into custody by the Storage Contractor; or (b) if the Lot is unsold, the earlier of the expiry of any notice given under paragraphs 13.3 or 13.4 and the date that the Lot is taken into custody by the Storage Contractor. 8.2.3 The Loss and Damage Warranty Fee payable shall be:- 8.2.3.1 if the Lot is unsold, a sum equal to 1.5% of the amount specified in paragraph 8.2.2.1(a) plus VAT (if applicable); or 8.2.3.2 if the Lot is sold at the Sale or subsequently by us on your behalf under paragraph 13, a sum equal to 1.5% of the amount specified in paragraph 8.2.2.1(b) plus VAT (if applicable). This fee is included in our Expenses, which are payable on demand; 8.3 Storage: 8.3.1 from the time when the Lot is delivered into our custody under paragraph 8.1.1 and while we continue to have custody, we will have possession of it as bailee for reward and we will owe you a duty of care as such until title to the Lot passes to the Buyer or to us under paragraphs 12.1 or 12.3;. 8.3.2 if the Lot is or becomes dangerous, whether before or after the Sale, we may dispose of it without advance notice to you in any manner as we think fit and we will be under no liability to you for doing so; 8.3.3 you authorise us, acting as your agent and on your behalf, to enter into a contract (the “Storage Contract”) with the Storage Contractor for the storage of the Lot from either (1) if the Lot is unsold, the expiration of the period referred to in paragraph 13.4 or (2) if the Lot has been sold, the date specified in the Notice to Bidders, on the then current standard terms and conditions agreed between Maximus’s and the Storage Contractor copies of which are available on request. We may instead choose to store the Lot at our own premises and, if this is the case, storage fees at our current daily rates (currently a minimum of £5 plus VAT per Lot per day) will be payable; 8.3.4 you undertake to comply with the terms of the Storage Contract and in particular to pay the charges due under the Storage Contract whilst the Lot is being stored by the Storage Contractor on your behalf; 8.4 Re-collection by you: 8.4.1 if a Lot is withdrawn by you, or if we give you notice of our refusal to sell in accordance with paragraphs 10.1 or 10.3, you must remove the Lot at your own expense within seven days after the date of the Withdrawal Notice or of our notice of refusal to sell the Lot; 8.4.2 if the Lot is unsold at the Sale, we may give you not less than seven days’ notice to remove the Lot and you must then remove the Lot at your own expense within that period. Until removal, such a notice will not terminate our authority to sell the Lot under paragraph 13; 8.4.3 if you give us notice terminating our authority to sell under paragraph 13, you must remove the Lot at your own expense within seven days of such notice. 8.4.4 before removing the Lot you must pay us all sums due to us from you; 8.4.5 if you fail to remove the Lot by the latest time provided for above, you will pay us on demand storage charges at our current daily rate (currently a minimum charge of £5 plus VAT per Lot per day) in respect of any period whilst the Lot is stored at our premises after the latest time provided for above and any Expenses we incur and/or any charges incurred under any Storage Contract. This is without prejudice to our power under paragraph 13 to sell or dispose of the Lot.

9. THE SELLER’S LIABILITY 9.1 the Seller will not be liable for any injury, loss or damage caused by the Lot after the fall of the Auctioneer’s hammer in respect of the Lot; 9.2 subject to paragraph 9.3 below, except for breach of the express undertaking provided in paragraph 2.1.5, the Seller will not be liable for any breach of any term that the Lot will correspond with any Description applied to it by or on behalf of the Seller, whether implied by the Sale of Goods Act 1979 or otherwise; 9.3 unless the Seller sells the Lot in the course of a Business and the Buyer buys it as a Consumer; 9.3.1 the Seller will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967, or in any other way) for any lack of conformity with, or inaccuracy, error, mis-description or omission in any Description of the Lot or any Entry or Estimate in relation to the Lot made by or on behalf of the Seller (whether made in writing, including in the Catalogue, or on the Website or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during the Sale; 9.3.2 the Seller will not be liable for any loss of Business, Business profits or revenue or income or for loss of reputation or for disruption to Business or wasted time on the part of the Buyer or of the Buyer’s management or staff or, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, restitutionary claim or otherwise; 9.3.3 in any circumstances where the Seller is liable to you in respect of the Lot, or any act, omission, statement, or representation in respect of it, or this agreement or its performance, and whether in damages, for an indemnity or contribution or for a restitutionary remedy or in any way whatsoever, the Seller’s liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise; 9.4 nothing set out in paragraphs 9.1 to 9.3 above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by the Seller’s negligence (or any person under the Seller’s control or for whom the Seller is legally responsible), or (iii) acts or omissions for which the Seller is liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.

10. MISCELLANEOUS 10.1 you may not assign either the benefit or burden of the Contract for Sale; 10.2 the Seller’s failure or delay in enforcing or exercising any power or right under the Contract for Sale will not operate or be deemed to operate as a waiver of his rights under it except to the extent of any express waiver given to you in writing. Any such waiver will not affect the Seller’s ability subsequently to enforce any right arising under the Contract for Sale; 10.3 if either party to the Contract for Sale is prevented from performing that party’s respective obligations under the Contract for Sale by circumstances beyond its reasonable control or if performance of its obligations would by reason of such circumstances give rise to a significantly increased financial cost to it, that party will not, for so long as such circumstances prevail, be required to perform such obligations. This paragraph does not apply to the obligations imposed on you by paragraph 6; 10.4 any notice or other communication to be given under the Contract for Sale must be in writing and may be delivered by hand or sent by first class post or email, if to the Seller, It is the responsibility of the sender of the notice or communication to ensure that it is received in a legible form within any applicable time period; 10.5 if any term or any part of any term of the Contract for Sale is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term; 10.6 references in the Contract for Sale to Horley Auctions will, where appropriate, include reference to Horley Auctions officers, employees and agents; 10.7 the headings used in the Contract for Sale are for convenience only and will not affect its interpretation; 10.8 in the Contract for Sale “including” means “including, without limitation” 10.9 references to the singular will include reference to the plural (and vice versa) and reference to any one gender will include reference to the other genders; 10.10 reference to a numbered paragraph is to a paragraph of the Contract for Sale; 10.11 save as expressly provided in paragraph 10.12 nothing in the Contract for Sale confers or purports to confer) on any person who is not a party to the Contract for Sale any benefit conferred by, or the right to enforce any term of, the Contract for Sale; 10.12 where the Contract for Sale confers an immunity from, and/or an exclusion or restriction of, the responsibility and/or liability of the Seller, it will also operate in favour and for the benefit of Horley Auctions,  holding company and the subsidiaries of such holding company and the successors and assigns of Horley Auctions  and of such companies and of any officer, employee and agent of  Horley Auctions and such companies, each of whom will be entitled to rely on the relevant immunity and/or exclusion and/or restriction within and for the purposes of Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person who is not a party to the contract, and generally at law.

11. GOVERNING LAW 11.1 All transactions to which the Contract for Sale applies and all connected matters will be governed by and construed in accordance with the laws of that part of the United Kingdom where the Sale takes place and the Seller and you each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that the Seller may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction. Horley Auctions has a complaints procedure in place 66 APPENDIX 2 NOTICE TO BIDDERS The legal documents provided online are for your convenience only. In all cases the terms and conditions printed in the relevant sale catalogue and in written contracts for sale take precedence over the terms and conditions shown below. This notice is addressed by Horley Auctions to any person who may be interested in a Lot, including Bidders and potential Bidders (including any eventual Buyer of the Lot). For ease of reference we refer to such persons as “Bidders” or “you”. Our List of Definitions and Glossary is incorporated into this Notice to Bidders. It is at Appendix 3 at the back of the Catalogue. Where words and phrases are used in this notice which are in the List of Definitions, they are printed in italics. IMPORTANT: Additional information applicable to the Sale may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed at the Sale venue and you should read them as well. Announcements affecting the Sale may also be given out orally before and during the Sale without prior written notice. You should be alert to this possibility of changes and ask in advance of bidding if there have been any. 1. OUR ROLE In its role as auctioneer of Lots, Horley Auctions acts solely for and in the interests of the Seller. Horley Auctions job is to sell the Lot at the highest price obtainable at the Sale to a Bidder. Horley Auctions does not act for Buyers or Bidders in this role and does not give advice to Buyers or Bidders. When it or its staff make statements about a Lot or, if Horley Auctions provides a Condition Report on a Lot it is doing that on behalf of the Seller of the Lot. Bidders and Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. The Seller has authorised Horley Auctions to sell the Lot as its agent on its behalf and, save where we expressly make it clear to the contrary, Horley Auctions acts only as agent for the Seller. Any statement or representation we make in respect of a Lot is made on the Seller’s behalf and, unless Horley Auctions sells a Lot as principal, not on our behalf and any Contract for Sale is between the Buyer and the Seller and not with us. If Horley Auctions sells a Lot as principal this will either be stated in the Catalogue or an announcement to that effect will be made by the Auctioneer, or it will be stated in a notice at the Sale or an insert in the Catalogue. Horley Auctions does not owe or undertake or agree to any duty or responsibility to you in contract or tort (whether direct, collateral, express, implied or otherwise). If you successfully bid for a Lot and buy it, at that stage Horley Auctions does enter into an agreement with the Buyer. The terms of that contract are set out in our Buyer’s Agreement. This will govern Horley Auctions relationship with the Buyer. 2. LOTS Subject to the Contractual Description printed in bold letters in the Entry about the Lot in the Catalogue (see paragraph 3 below), Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections. Illustrations and photographs contained in the Catalogue (other than photographs forming part of the Contractual Description) or elsewhere of any Lots are for identification purposes only. They may not reveal the true condition of the Lot. A photograph or illustration may not reflect an accurate reproduction of the colour(s) of the Lot. Lots are available for inspection prior to the Sale and it is for you to satisfy yourself as to each and every aspect of a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer price). It is your responsibility to examine any Lot in which you are interested. It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance. In particular, parts may have been replaced or renewed and Lots may not be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be damaged, as for example where it is covered by upholstery or material. Given the age of many Lots they may have been damaged and/or repaired and you should not assume that a Lot is in good condition. Electronic or mechanical parts may not operate or may not comply with current statutory requirements. You should not assume that electrical items designed to operate on mains electricity will be suitable for connection to the mains electricity supply and you should obtain a report from a qualified electrician on their status before doing so. Such items which are unsuitable for connection are sold as items of interest for display purposes only. If you yourself do not have expertise regarding a Lot, you should consult someone who does to advise you. We can assist in arranging facilities for you to carry out or have carried out more detailed inspections and tests. Please ask our staff for details. Any person who damages a Lot will be held liable for the loss caused.

3. DESCRIPTIONS OF LOTS AND ESTIMATES Contractual Description of a Lot The Catalogue contains an Entry about each Lot. Each Lot is sold by its respective Seller to the Buyer of the Lot as corresponding only with that part of the Entry which is printed in bold letters and (except for the colour, which may be inaccurately reproduced) with any photograph of the Lot in the Catalogue. The remainder of the Entry, which is not printed in bold letters, represents Horley Auctions opinion (given on behalf of the Seller) about the Lot only and is not part of the Contractual Description in accordance with which the Lot is sold by the Seller. Estimates: In most cases, an Estimate is printed beside the Entry. Estimates are only an expression of Horley Auctions opinion made on behalf of the Seller of the range where Horley Auctions thinks the Hammer Price for the Lot is likely to fall; it is not an estimate of value. It does not take into account any VAT or Buyer’s Premium payable. Lots can in fact sell for Hammer Prices below and above the Estimate. Any Estimate should not be relied on as an indication of the actual selling price or value of a Lot. Estimates are in the currency of the Sale. Fakes or Forgeries We undertake a personal responsibility for any Forgery, this only applies if: 1. your name appears as the named person to whom the original invoice was made out to by us in respect of the Lot and that the invoice has been paid; and 2. you notify us in writing as soon as reasonably practicable after you have become aware that the Lot is or may be a Forgery, and in any event within one year after the Sale, that the Lot is a Forgery; and 3. within one month after such notification has been given, you return the lot to us in the same condition as it was at the time of Sale, accompanied by two letters of written evidence that the Lot is a Forgery and details of the Sale and Lot number.

Condition reports In respect of most Lots, you may ask for a Condition Report on its physical condition from Horley Auctions. If you do so, this will be provided by Horley Auctions on behalf of the Seller free of charge. Horley Auctions is not entering into a contract with you in respect of the Condition Report and accordingly does not assume responsibility to you in respect of it. Nor does the Seller owe or agree to owe you as a Bidder any obligation or duty in respect of this free report about a Lot which is available for your own inspection or for inspection by an expert instructed by you. However, any written description of the physical condition of the Lot contained in a Condition Report will form part of the Contractual Description of the Lot under which it is sold to any Buyer. The Seller’s responsibility to you The Seller does not make or agree to make any representation of fact or contractual promise, guarantee or warranty and undertakes no obligation or duty, whether in contract or in tort (other than to the eventual Buyer as set out above), in respect of the accuracy or completeness of any statement or representation made by him or on his behalf which is in any way descriptive of any Lot or as to the anticipated or likely selling price of any Lot. Other than as set out above, no statement or representation in any way descriptive of a Lot or any Estimate is incorporated into any Contract for Sale between a Seller and a Buyer.

 Horley Auctions Responsibility to you You have the opportunity of examining the Lot if you want to and the Contract for Sale for a Lot is with the Seller and not with Horley Auctions; Horley Auctions acts as the Seller’s agent only (unless Horley Auctions sells the Lot as principal).

Horley Auctions undertakes no obligation to you to examine, investigate or carry out any tests, either in sufficient depth or at all, on each Lot to establish the accuracy or otherwise of any descriptions or opinions given by Horley Auctions , or by any person on Horley Auctions  behalf, whether in the Catalogue or elsewhere. You should not suppose that such examinations, investigations or tests have occurred. Horley Auctions does not make or agree to make any representation of fact, and undertakes no obligation or duty (whether in contract or tort) in respect of the accuracy or completeness of any statement or representation made by Horley Auctions or on Horley Auctions behalf which is in any way descriptive of any Lot or as to the anticipated or likely selling price of any Lot. No statement or representation by Horley Auctions or on its behalf in any way descriptive of any Lot or any Estimate is incorporated into our Buyer’s Agreement. Alterations Descriptions and Estimates may be amended at Horley Auctions discretion from time to time by notice given orally or in writing before or during a Sale. 167 THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST FORM YOUR OWN OPINION IN RELATION TO IT. YOU ARE STRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE IT EXAMINED ON YOUR BEHALF BEFORE THE SALE. 4. CONDUCT OF THE SALE Our Sales are public auctions which persons may attend and you should take the opportunity to do so. We do reserve the right at our sole discretion to refuse admission to our premises or to any Sale without stating a reason. We have complete discretion as to whether the Sale proceeds, whether any Lot is included in the Sale, the manner in which the Sale is conducted and we may offer Lots for sale in any order we choose notwithstanding the numbers given to Lots in the Catalogue. You should therefore check the date and starting time of the Sale, whether there have been any withdrawals or late entries. Remember that withdrawals and late entries may affect the time at which a Lot you are interested in is put up for Sale. We have complete discretion to refuse any bid, to nominate any bidding increment we consider appropriate, to divide any Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, in the case of dispute, to put up any Lot for auction again. Auction speeds can exceed 150 Lots to the hour and bidding increments are generally about 10%. However these do vary from Sale to Sale and from Auctioneer to Auctioneer. Please check with the department organising the Sale for advice on this. Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not equalling or exceeding such Reserve) on behalf of the Seller. We are not responsible to you in respect of the presence or absence of any Reserve in respect of any Lot. If there is a Reserve it will normally be no higher than the lower figure for any Estimate in the Catalogue, assuming that the currency of the Reserve has not fluctuated adversely against the currency of the Estimate. The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable Reserve) to whom the Lot is knocked down by the Auctioneer at the striking of the Auctioneer’s hammer. Any dispute as to the highest acceptable bid will be settled by the Auctioneer in his absolute discretion. All bids tendered will relate to the actual Lot number announced by the Auctioneer. An electronic currency converter may be used at the Sale. This equipment is provided as a general guide as to the equivalent amount in certain currencies of a given bid. We do not accept any responsibility for any errors which may occur in the use of the currency converter. We may use video cameras to record the Sale and may record telephone calls for reasons of security and to assist in solving any disputes which may arise in relation to bids made at the Sale. At some Sales, for example, jewellery Sales, we may use screens on which images of the Lots will be projected. This service is provided to assist viewing at the Sale. The image on the screen should be treated as an indication only of the current Lot. It should be noted that all bids tendered will relate to the actual Lot number announced by the Auctioneer. We do not accept any responsibility for any errors which may occur in the use of the screen. 5. BIDDING We do not accept bids from any person who has not completed and delivered to us one of our Bidding Forms, either our Bidding Registration Form, Absentee Bidding Form or Telephone Bidding Form. You may be asked for proof of identity, residence, financial details and references, which, if asked for, you must supply if your bids are to be accepted by us. Please bring your passport, driving licence (or similar photo proof of identity) and a debit or credit card. We may request a deposit from you before allowing you to bid. We may refuse entry to a Sale to any person even if that person has completed a Bidding Form. Bidding in person You should come to our Bidder registration desk at the Sale venue and fill out a Bidding Registration Form on the day of the Sale. The bidding number system is sometimes referred to as “paddle bidding”. You will be issued with a large card (a “paddle”) with a printed number on it. This will be attributed to you for the purposes of the Sale. Should you be a successful Bidder you will need to ensure that your number can be clearly seen by the Auctioneer and that it is your number which is identified as the Buyer’s. You should not let anyone else use your paddle as all Lots will be invoiced to the name and address given on your Bidding Registration Form. Once an invoice is issued it will not be changed. If there is any doubt as to the Hammer Price of, or whether you are the successful Bidder of, a particular Lot, you must draw this to the attention of the Auctioneer before the next Lot is offered for Sale. At the end of the Sale, or when you have finished bidding please return your paddle to the Bidder registration desk. Bidding by telephone If you wish to bid at the Sale by telephone, please complete a Telephone Bidding Form, which is available from our offices or in the Catalogue. Please then return it to the office which is responsible for the Sale at least 24 hours in advance of the Sale. It is your responsibility to check with our Bids Office that your bid has been received. Telephone calls may be recorded. The telephone bidding facility is a discretionary service and is only available on lots with a lower estimate of £500 or above however this may not be available in relation to all Lots. We will not be responsible for bidding on your behalf if you are unavailable at the time of the Sale or if the telephone connection is interrupted during bidding. Please contact us for further details. Bidding by post or fax Absentee Bidding Forms can be found in the back of this Catalogue and should be completed and sent to the office responsible for the Sale. It is in your interests to return your form as soon as possible, as if two or more Bidders submit identical bids for a Lot, the first bid received takes preference. In any event, all bids should be received at least 24 hours before the start of the Sale. Please check your Absentee Bidding Form carefully before returning it to us, fully completed and signed by you. It is your responsibility to check with our Bids Office that your bid has been received. This additional service is complimentary and is confidential. Such bids are made at your own risk and we cannot accept liability for our failure to receive and/or place any such bids. All bids made on your behalf will be made at the lowest level possible subject to Reserves and other bids made for the Lot. Where appropriate your bids will be rounded down to the nearest amount consistent with the Auctioneer’s bidding increments. New Bidders must also provide proof of identity when submitting bids. Failure to do this may result in your bid not being placed. Bidding via the internet Horley Auctions offers an online bidding service for bidders who cannot attend the sale. If you choose to bid live via www.invaluable.com there is additional live bidding fee of 5% plus VAT and bidding via www.the-saleroom.com attracts an additional live bidding fee of 4.95% plus VAT. If you bid online via www.easyliveauction.com there is an additional live bidding fee of 3% plus VAT. Bidding through an agent Bids will be accepted as placed on behalf of the person named as the principal on the Bidding Form although we may refuse to accept bids from an agent on behalf of a principal and may require written confirmation from the principal confirmming the agent’s authority to bid. Nevertheless, as the Bidding Form explains, any person placing a bid as agent on behalf of another (whether or not he has disclosed that fact or the identity of his principal) will be jointly and severally liable with the principal to the Seller and to Gorringe’s under any contract resulting from the acceptance of a bid. Subject to the above, please let us know if you are acting on behalf of another person when bidding for Lots at the Sale. Equally, please let us know if you intend to nominate another person to bid on your behalf at the Sale unless this is to be carried out by us pursuant to a Telephone or Absentee Bidding Form that you have completed. If we do not approve the agency arrangements in writing before the Sale, we are entitled to assume that the person bidding at the Sale is bidding on his own behalf. Accordingly, the person bidding at the Sale will be the Buyer and will be liable to pay the Hammer Price and Buyer’s Premium and associated charges. If we approve the identity of your client in advance, we will be in a position to address the invoice to your principal rather than you. We will require proof of the agent’s client’s identity and residence in advance of any bids made by the agent on his behalf. Please refer to our Conditions of Business and contact our Customer Services Department for further details. 6. CONTRACTS BETWEEN THE BUYER AND SELLER AND THE BUYER AND HORLEY AUCTIONS On the Lot being knocked down to the Buyer, a Contract for Sale of the Lot will be entered into between the Seller and the Buyer on the terms of the Contract for Sale. You will be liable to pay the Purchase Price, which is the Hammer Price plus any applicable VAT. At the same time, a separate contract is also entered into between us as auctioneers and the Buyer, this is our Buyer’s Agreement. Please read the terms of the Contract for Sale and our Buyer’s Agreement contained in the Catalogue in case you are the successful Bidder. We may change the terms of either or both of these agreements in advance of their being entered into, by setting out different terms in the Catalogue and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before & during the Sale. You should be alert to this possibility of changes and ask if there have been any. 7. BUYER’S PREMIUM AND OTHER CHARGES PAYABLE BY THE BUYER Under the Buyer’s Agreement, a premium (the Buyer’s Premium) is payable to us by the Buyer in accordance with the terms of the Buyer’s Agreement and at a rate of 23% calculated by reference to the Hammer Price and payable in addition to it. Live online with third party websites attracts a buyer’s premium of up to 28%. Storage charges and Expenses are also payable by the Buyer as set out in the Buyer’s Agreement. All the sums payable to us by the Buyer are subject to VAT. 8. VAT The following symbols are used to denote that VAT is due on the hammer price and buyer’s premium: † VAT at the prevailing rate on hammer price and buyer’s premium ** VAT on imported items at the prevailing rate on hammer price and buyer’s premium. * VAT on imported items at a preferential rate of 5% on hammer price and the prevailing rate on buyer’s premium • Zero rated for VAT, no VAT will be added to the hammer price or the buyer’s premium In all other instances no VAT will be charged on the hammer price, but VAT at the prevailing rate will be added to the buyer’s premium which will be invoiced on a VAT inclusive basis. The prevailing rate of VAT at the time of going to press is 20%, but this is subject to governmental change and the rate payable will be the rate in force on the date of the sale. 9. PAYMENT It is of critical importance that you ensure that you have readily available funds to pay the Purchase Price and the Buyer’s Premium (plus VAT and any other charges and Expenses to us) in full before making a bid for the Lot. If you are a successful Bidder, payment will be due to be made to us by 4.30 pm on the second working day after the Sale so that all sums are cleared by the seventh working day after the Sale. Payment will have to be by one of the following methods (all cheques should be made payable to Gorringe’s). Unless agreed by us in advance payments made by anyone other than the registered buyer will not be allowed. Sterling personal cheque drawn on a UK branch of a bank or building society: all cheques must be cleared before you can collect your purchases. Bankers draft/building society cheque: if you can provide suitable proof of identity and we are satisfied as to the genuineness of the draft or cheque, we will allow you to collect your purchases immediately; Cash: you may pay for Lots purchased by you at this Sale with notes, coins or travellers cheques in the currency in which the Sale is conducted (but not any other currency) provided that the total amount payable by you in respect of all Lots purchased by you at the Sale does not exceed £7,000, or the equivalent in the currency in which the Sale is conducted, at the time when payment is made. If the amount payable by you for Lots exceeds that sum, the balance must be paid otherwise than in coins, notes or travellers cheques; Bank transfer: you may electronically transfer funds to our Client Account. If you do so, please quote your paddle number and invoice number as the reference. Our Client Account details are as follows:

Bank:

Bank Address:

Sort Code:

Account No:

Account Name:

If paying by bank transfer, the amount received after the deduction of any bank fees and/or conversion of the currency of payment to pounds sterling must not be less than the sterling amount payable, as set out on the invoice. Debit cards issued by a UK bank: there is no additional charge for purchases made with these cards. Credit cards: We do not accept payment by credit card

 10. COLLECTION AND STORAGE The Buyer of a Lot will not be allowed to collect it until payment in full and in cleared funds has been made (unless we have made a special arrangement with the Buyer). Please refer enquiries regarding collection and removal to our department dealing with the Sale. Details relating to the collection of a Lot, the storage of a Lot and our Storage Contractor after the Sale are set out at the end of this Notice to Bidders.

11. SHIPPING Maximu’s can arrange for in-house packing and shipment of some but not all lots, at their discretion. In-house packing is arranged on a ‘first come-first served’ basis. A charge will be made for this service please contact the packing department for an estimate. Where we are unable to provide packing and/or shipping we will assist with recommended removers and carriers.

12. EXPORT/TRADE RESTRICTIONS It is your sole responsibility to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import licence(s). Export licences are issued by the Department for Culture, Media and Sport and application forms can be obtained from its Export Licensing Unit. The detailed provisions of the export licencing arrangements can be found on the Department for Culture, Media and Sport website www.culture.gov.uk or by phoning DCMS on 020 7211 6164. The need for import licences varies from country to country and you should acquaint yourself with all relevant local requirements and provisions. The refusal of any import or export licence(s) or any delay in obtaining such licence(s) shall not permit the rescission of any sale nor allow any delay in making full payment for the Lot.

 13. CITES REGULATIONS Please be aware that some Lots are subject to CITES regulations when exporting these items outside the UK. From January 2021 we will charge a £50 + VAT administration fee per CITES licence. The regulations may be found at www.ukcites.gov.uk or may be requested from: Department for Environment, Food and Rural Affairs (DEFRA), Global Wildlife Division, 1st Floor, Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB

14. THE SELLERS AND/OR MAXIMU’S LIABILITY Other than any liability of the Seller to the Buyer of a Lot under the Contract for Sale, neither we nor the Seller are liable (whether in negligence or otherwise) for any error or mis-description or omission in any Description of a Lot or any Estimate in respect of it, whether contained in the Catalogue or otherwise, whether given orally or in writing and whether given before or during the Sale. Neither we nor the Seller will be liable for any loss of Business, profits, revenue or income, or for loss of reputation, or for disruption to Business or wasted time on the part of management or staff, or for indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract (if any) or statutory duty, restitutionary claim or otherwise. In any circumstances where we and/or the Seller are liable in relation to any Lot or any Description or Estimate made of any Lot, or the conduct of any Sale in relation to any Lot, whether in damages, for an indemnity or contribution, or for a restitutionary remedy or otherwise, our and/or the Seller’s liability (combined, if both we and the Seller are liable) will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract (if any) or statutory duty or otherwise. Nothing set out above will be construed as excluding or restricting (whether directly or indirectly) our liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or by the negligence of any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law or (v) our undertakings under paragraph 9 (in relation to specialist Stamp or Book Sales only) of the Buyer’s Agreement. The same applies in respect of the Seller, as if references to us in this paragraph were substituted with references to the Seller.

15. BOOKS As stated above, all Lots are sold on an “as is” basis, subject to all faults, imperfections and errors of description save as set out below. However, you will be entitled to reject a Book in the circumstances set out in paragraph 10 of the Buyers Agreement. Please note that Lots comprising printed books, unframed maps and bound manuscripts are not liable to VAT on the Buyer’s Premium.

16. CLOCKS AND WATCHES As is to be expected with clocks and watches, particularly those of some age, it is likely that they will have been repaired and parts may have been replaced. As stated above, all Lots, including those comprising clocks and watches are sold on an “as is” basis, subject to all faults, imperfections and errors of description. This means that any clock or watch may not work reliably, if at all. 17. FIREARMS Proof, Condition and Certification The Buyer of any firearm must hold the appropriate Certificate (or other valid authority) to acquire the firearm. Proof of Firearms The term ‘proof exemption’ indicates that a firearm has been examined at a Proof House, but not proved, as either (a) it was deemed of interest and not intended for use, or (b) ammunition was not available. In either case, the firearm must be regarded as unsafe to fire unless subsequently proved. Firearms proved for Black Powder should not be used with smokeless ammunition. The term ‘Certificate of Unprovability’ indicates that a firearm has been examined at a Proof House and is deemed both unsuitable for proof and use. Reproof is required before any such firearm is to be used. Condition of Firearms Comment in the Catalogue is restricted, in general, to exceptional condition and to those defects that might affect the immediate safety of a firearm in normal use. An intending Bidder unable to make technical examinations and assessments is recommended to seek advice from a gunmaker or from a modern firearms specialist. Bidders should note that guns are stripped only where there is a strong indication of a mechanical malfunction. Stripping is not otherwise undertaken. Guns intended for use should be stripped and cleaned beforehand. Hammer guns should have their rebound mechanisms checked before use. The safety mechanisms of all guns must be tested before use. All measurements are approximate. Taxidermy and Related Items. As a seller of these articles,Maximu’s undertakes to comply fully with Cites regulations and DEFRA. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange.

 18. FURNITURE If no instructions are received by the saleroom staff, Lots will be removed to storage ten days after the sale.

19. JEWELLERY Gemstones Historically many gemstones have been subjected to a variety of treatments to enhance their appearance. Sapphires and rubies are routinely heat treated to improve their colour and clarity, similarly emeralds are frequently treated with oils or resin for the same purpose. Other treatments such as staining, irradiation or coating may have been used on other gemstones. These treatments may be permanent, whilst others may need special care or re-treatment over the years to retain their appearance. Bidders should be aware that Estimates assume that gemstones may have been subjected to such treatments. A number of laboratories issue certificates that give more detailed descriptions of gemstones. However there may not be consensus between different laboratories on the degrees, or types of treatment for any particular gemstone. In the event that Gorringe’s has been given or has obtained Certificates for any Lot in the Sale these certificates will be disclosed in the Catalogue. Although, as a matter of policy, Maximu’s endeavours to provide certificates from recognised laboratories for certain gemstones, it is not feasible to obtain certificates for each Lot. In the event that no certificate is published in the Catalogue, Bidders should assume that the gemstones may have been treated. Neither Maximu’s nor the Seller accepts any liability for contradictions or differing certificates obtained by Buyers on any Lots subsequent to the Sale. Estimated Weights If a stone(s) weight appears within the body of the Description in capital letters, the stone(s) has been unmounted and weighed by Maximu’s. If the weight of the stone(s) is stated to be approximate and does not appear in capital letters, the stone(s) has been assessed by us within its/their settings, and the stated weight is a statement of our opinion only. This information is given as a guide and Bidders should satisfy themselves with regard to this information as to its accuracy. Signatures 1. A Cartier diamond brooch, when the maker’s name appears in the title, in Gorringe’s opinion the piece is by that maker. 2. A diamond brooch, signed Cartier, has a signature that, in Gorringe’s opinion, may have been added or may be part of an adapted or altered piece. 3. A diamond brooch, mounted by Cartier, in Maximu’s opinion has been created by the jeweller but using stones or designs supplied by the client.

20. PICTURES Explanation of Catalogue Terms The following terms used in the Catalogue have the following meanings but are subject to the general provisions relating to Descriptions contained in the Contract for Sale: • “Bill Bailey”: in our opinion a work by the artist. When the artist’s forename(s) is not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist named; • “Attributed to Bill Bailey”: in our opinion probably a work by the artist but less certainty as to authorship is expressed than in the preceding category; • “Studio of Bill Bailey”: in our opinion a work by an unknown hand in a studio of the artist which may or may have been executed under the artist’s direction; • “Circle of Bill Bailey”: in our opinion a work by a hand closely associated with a named artist but not necessarily his pupil; • “Follower of Bill Bailey”: in our opinion a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily his pupil; • “Manner of Bill Bailey”: in our opinion a work in the style of the artist and of a later date; • “After Bill Bailey”: in our opinion, a copy of a known work of the artist • “Signed and/or dated and/or inscribed”: in our opinion the signature and/or date and/or inscription are from the hand of the artist; • “Bears a signature and/or date and/or inscription”: in our opinion the signature and/or date and/or inscription have been added by another hand.

21. PORCELAIN Damage and Restoration For your guidance, in this Catalogue we have not made reference to any defects, cracks and restoration. Condition Reports are available on request and listed online. Such practicable descriptions of damage cannot be definitive, and in providing Condition Reports, we cannot guarantee that there are no other defects present which have not been mentioned. Bidders should satisfy themselves by inspection, as to the condition of each Lot. Please see the Contract for Sale printed in the Catalogue. Because of the difficulty in determining whether an item of glass has been repolished, in the Catalogue reference is only made to visible chips and cracks. No mention is made of re-polishing, severe or otherwise.

22. WATCHES All Lots are sold “as is”, and the absence of any reference to the condition of a watch does not imply that the Lot is in good condition and without defects, repairs or restorations. Most watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, Gorringe’s makes no representation or warranty that any watch is in working order. As watches often contain fine and complex mechanisms, Bidders should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Bidders should be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches may not be shipped to the USA and can only be imported personally.

23. WINE Lots which are lying under Bond and those liable to VAT may not be available for immediate collection. Examining the wines It is not our policy to inspect every unopened case. In the case of older wines, however, the box lid will have been partially or totally removed and levels and appearance noted in the Catalogue where necessary. You should make proper allowance for variations in ullage levels and conditions of corks, capsules and labels. Description of levels of ullage Generally acceptable levels for Bordeaux shaped bottles (as illustrated) varies according to their age as follows. Age of wine Acceptable level of ullage Under 15 years old Into neck (i.n.) 15 to 30 years old Top shoulder (t.s.) Over 30 years old High shoulder (h.s.) Ullages on Burgundy and Hock shaped bottles will be described in centimetres, measured from the base of the cork, usually only if in excess of 4 centimetres. Ullages on Burgundy of less than 5 centimetres are not generally considered to be detrimental to quality and even ullages of 7 centimetres can be acceptable. Estimates tend to take into account levels which are below top shoulder. You should bear in mind that levels may fall between publication of the Catalogue and the Sale and that corks may fail as a result of transporting the wines. Bottling Details The following terms used in the Catalogue have the following meanings: Case Terms owc - original wooden case iwc - individual wooden case oc - original carton

 DATA PROTECTION USE OF YOUR INFORMATION As a result of the services provided by us, we obtain personal data about you (which expression for the purposes of this paragraph only includes your employees and officers, if any). You agree to our use of it as follows. We may use your data to notify you about changes to our services and to provide you with information about products or services that you request from us or which we feel may be of interest to you. Data about you may be analysed to identify your potential preferences for these purposes. We may disclose your data to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the Companies Act 1985, including any overseas subsidiary). Subject to this, we will not disclose your data to any third party, but we may from time to time provide you with information about goods and services provided by third parties which we feel may be of interest to you. Any member of our group may use your data for similar purposes. We will keep your data for a period of six years from the date of your last contact with us so as to simplify any future registration. The data may be transferred to and stored outside the European Economic Area, and you agree to this transfer. You have the right to request us not to use your information for these purposes by contacting us at 247, Balcombe Road, Horley. Surrey RH6 9EF  or by e-mail at ---------------

SALE OF GOODS ACT 1979 The following is an extract from the Sale of Goods Act 1979: “Section 12 Implied terms about title, etc (1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass. (2) In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that- (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and (b) the buyer will enjoy quiet possession of the goods except in so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. (3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have. (4) In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made. (5) In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer’s quiet possession of the goods, namely- (a) the seller; (b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person; (c) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made. (6) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.”