19th Century English School. A River Landscape, with Figures in the foreground, Oil on Paper stuck

 John Nicholson Conditions of Sale

1.            John Nicholson (called the auctioneer) acts in all respects, only as agent for the seller of each lot.

2.            The highest bidder acceptable to the auctioneer shall be the buyer at the hammer price and any dispute shall be settled at the auctioneer's absolute discretion. He may immediately put up the lot again for sale.

3.            The auctioneer has the right at his absolute discretion to refuse any bid and to advance the bidding as he may decide.

4.            WARRANTY OF TITLE  

(a) The seller warrants to John Nicholson and to the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is free from any third party claim.

(b) The seller will indemnify John Nicholson, his servants and agents and the buyer against any loss suffered by breach of (a).

5.            (a) The seller shall be entitled to place a reserve on any lot, and the auctioneer shall have the right to bid on behalf of the seller for any lot on which a reserve price has been placed.

(b) The auctioneer may at his absolute discretion to withdraw or divide any lot or combine any two or more lots.  

6.            (a) All statements in the catalogues, brochures and advertising are statements of opinion and are not, nor are they to be relied upon as statements or representations of fact. Intending purchasers must satisfy themselves of all faults, imperfections and errors of description. Illustrations in catalogues are for identification only.

(b) Neither the seller, John Nicholson nor any person in his employ may, or have any authority to, make any representation of warranty, authorship, origin, date, age, attribution, genuineness, provenance, errors of description, faults or defects.

7.            PAYMENT  

(a) The purchase price payable by the buyer shall be the aggregate of the final bid plus 24% buyers premium together with any VAT chargeable.

 IMMEDIATELY A LOT IS SOLD THE BUYER SHALL:   

(b) Give to John Nicholson his name and full address and if so requested proof of identity.

(c) Pay to John Nicholson the total amount due (unless credit terms and references have been agreed with John Nicholson before the auction).

(d) If a buyer fails to pay for any lot in full John Nicholson shall be entitled to at his absolute discretion and without prejudice exercise any of the following remedies:

(i) Without notice to the buyer resell any lot by auction or private treaty, any deficiency between the purchase price and resale to be made good by the defaulting buyer and surplus (after retention of the premium) to be the seller's.

(ii) To store the lot or cause it to be stored at the sole expense of the buyer and to release the lot only after full payment of the purchase price, cost of removal, storage at cost, plus insurance and any other costs incurred in connection with the lot.  

(iii) To charge interest at the rate of 3% per month (minimum charge one month) on the purchase price from the date of sale if it remains unpaid for more than seven days from the date of sale.

8.            The property in a lot shall not pass to the buyer until the purchase price has been paid in full, plus any other charges in clauses (i), (ii) and (iii), but the lot shall be at the buyer's risk in all respects from the fall of the hammer. Notwithstanding that John Nicholson acts only as agent for the seller, he shall be entitled to retain the premium referred to in condition 7(a) hereof irrespective of and in addition to such remuneration as he may receive from the seller. John Nicholson shall be entitled to a lien on any lot sold until the purchase price and any expenses are paid in full by the buyer.

        9   Online Bidding

John Nicholson offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.  

In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with John Nicholson you:

A.            authorise John Nicholson, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and

B.            confirm that you are authorised to provide these credit card details to John Nicholson through www.the-saleroom.com and agree that John Nicholson are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

                 Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price

** No internet bids over £5000 will be accepted unless prior arrangements have been made.

Telephone & Absentee Bids

 All telephone bidders unknown to John Nicholsons’, must book a telephone line 24 hours in advance of the sale they are wishing to bid in!

 The following conditions must be satisfied before a Telephone or Absentee bid is accepted.

 All Telephone & Absentee bidders unknown to ‘John Nicholsons’ will be subject to identity checks.

 This will involve:

 a/ Proof of ID in the form of a passport or UK Photocard driving licence (no other forms of photo ID are acceptable).

 and

 b/ Proof of address will be required. For proof of Address, only official documents showing name and address will be accepted.  

 Both Landline and Mobile telephone numbers must be provided (even if the bidder has booked to only use one line for the bid).

 A valid email address is required.  

 Where accumulated bids are expected to exceed £5000 there will be the requirement to lodge a deposit (the sum will vary dependant on individual lots estimated or anticipated values). This deposit will be fully refundable should the bids prove to be unsuccessful.

 Successful bids must be paid for using Cash or with Debit/Credit cards in person at the saleroom. Distance payments will only be accepted by Bank Wire Transfer or equivalent, allowing a suitable amount of time for funds to show as cleared.

 ‘John Nicholson Fine Art Auctioneer and Valuers’ reserve the right to refuse any application for bid(s) that do not satisfy the conditions set out above. In the situation where an application is refused the applicant will be notified either by email or telephone.

 Lot Description and Condition

 All potential buyers should be aware of the following :

 If you are intending to buy from any of our sales it is your responsibility to satisfy yourself the items you are buying meet your acceptable standard. Descriptions provided in the catalogue do not imply the item is in a good condition or without fault. You should ensure the item is to your satisfaction by inspecting the item personally. Where personal attendance is not possible, ‘Condition Reports’ can be provided. These reports are for general observations and by way of necessity are only subjective. Ultimately it will be your decision either to bid or not, should you be successful and win the bidding ,you are entering into a legally binding contract.  

 As it takes time to prepare ‘Condition reports’ please ensure you make your request at least 48 hours prior to the sale.

 IT IS THE BUYER'S RESPONSIBILITY TO ENSURE THAT ANY IVORY ITEMS ETC. CAN LEGALLY BE IMPORTED INTO THEIR COUNTRY