Condition Reports will be answered 1-2 days prior to the sale
12 Guy Street, Leamington Spa, Warwickshire, CV32 4RT
Due to the exceptional circumstances
there will be no public viewing for this
sale and all lots have been photographed.
CLICK & COLLECT ONLY
Will be accepted from purchasers in payment of their accounts, but in all cases removal of lots will not be permitted until cheques have been cleared through the bank. It is therefore particularly emphasised that purchasers wishing to take their lots on sale day should be prepared to pay by direct transfer. Ownership of goods, whether removed or not, will not pass to the purchaser until cheques have cleared through the bank.
Purchasers unable to attend the sale in person may leave written instructions to bid with the auctioneers on the slips provided in the saleroom. Please note you must be registered in order to leave commission bids.
We regret that we are unable to process requests for condition reports received after 1.00pm on the day preceding the sale.
Artist Resale Rights (ARR)
In certain instances, where an artist is still alive, royalties can apply to a sale of the artist’s work under the Artist Resale Right Regulations 2006. If these regulations apply, the buyer of the lot agrees to pay the auctioneer an amount equal to the resale royalty provided for in those regulations and we undertake to the buyer to pay this sum to the artist’s collection agent.
On sale day until 5pm and on the following Friday and Monday 9am - 5pm.
The auctioneers may charge storage on items not cleared by this time.
Mailing & Postage
The Auctioneers do not provide an in-house postage and packaging service.
Purchasers are welcome to use their own couriers but they must give the auctioneers at least 24 hours’ notice prior to the collection.
For larger items, please contact the auctioneers on 01926 889100 and they can recommend local delivery drivers or national couriers.
Buyers Premium at 17.5% plus VAT will be added to the bid price of each lot.
Lots purchased online will in addition attract a 5% platform fee.
Attention is drawn to the Auctioneers Conditions of Sale in this catalogue and posted on the premises.
In particular, it is emphasised that all accounts must be settled on the day of sale.
Sale currency is GBP.
The following payment methods are accepted :
- Direct bank transfer
We do not accept payments by credit card or any card payments over the telephone.
Bank transfer details are as follows :
Bank Name : Metro Bank Plc
Account Name : Locke & England
Sort code : 23-05-80
Account # : 29033964
Please quote both the auction number and your invoice number as reference. Failure to do so may delay goods being released.
Please be aware that clients making international transfers will be liable for any bank imposed charges.
In completing the online bidder registration and providing your payment card details you :
(i) confirm that you are authorised to provide these credit card details to the auctioneer and have sufficient funds available to complete the transaction.
(ii) agree to abide by the auctioneer’s conditions of sale and special terms and conditions as stated in these particulars and on the online bidding platform.
(iii) agree to make payment via the methods and timescales stated above at the completion of the auction and authorise the auctioneer that on failing to do so the credit/debit card given may be charged in part or full payment, including all fees, for items successfully purchased.
Locke & England
12 Guy Street
Tel: 01926 889100
Terms & Conditions
CONDITIONS OF SALE
Affecting purchasers and others attending the sale premises.
1. Purchasers will be deemed:
a) To have inspected their lots prior to the sale; and
b) To have accepted that lots are sold with all faults and imperfections specifically mentioned or not irrespective of whether they bid in person, by commission, online or through an agent.
2. All goods are second hand and sold without warranty unless otherwise stated in the sale catalogue or by the auctioneer from the rostrum. Any implied warranty, condition or other term is excluded except where to do so would be unlawful.
3. The auctioneers undertake that care has been taken to see that catalogue descriptions are accurate and reliable however these are matters of opinion only and shall not be taken to be statements of fact.
4. The auctioneers act as agents to the vendor and shall not incur liability to any purchaser for any statement, representation or warranty as to title, quality or otherwise of any lot made on behalf of and with the vendor’s authority. Likewise the auctioneers shall incur no liability to a purchaser arising from any defect in goods sold save in the event of negligence on the part of the auctioneers or their employees. Any liability therefore shall be a matter for dispute between purchaser and vendor only.
5. The auctioneers reserve on behalf of themselves and the vendors the following rights:
a) To sell subject to a reserve price
b) To bid on behalf of a vendor and/or purchasers
c) To refuse any bid
d) To rearrange, consolidate, divide, add or withdraw any lots or vary the order of the sale.
e) To exclude any person from the premises if there be good reason to do so.
6. The auctioneer shall regulate the bidding and shall determine from time to time the appropriate increment needed to advance the bidding.
7. The person making the highest accepted bid shall be the purchaser as defined in these conditions.
8. If a dispute arises as to any bidding then at the discretion of the auctioneer either:
a) The lot to which the disputed bid relates shall immediately be offered again, or
b) The auctioneer shall determine the dispute and his decision shall be final and binding on all parties
9. a) At the fall of the hammer the purchaser is required to give their Client Registration Number. If they have bid on behalf of another person or company they should make this clear to the auctioneer at the time. If they fail to do so then they will be held personally liable for the purchase under the terms of these conditions.
b) If, and as required by the auctioneer at the fall of the hammer, the purchaser shall pay to the auctioneer all or part of the purchase price plus VAT and buyers’ premium.
c) Any such payment made at the fall of the hammer may be treated, at the auctioneers’ discretion, as a general deposit against all purchases, made by that purchaser on the day.
d) All lots must be paid for in cash, or in other manner acceptable to the auctioneers, on the day of sale and before delivery is given.
e) Failure by the purchaser to comply with sub clause a) and b) shall entitle the auctioneer to cancel the sale and, at his discretion, to immediately re-offer the lot in question for sale by auction.
10. No transfer of lots or sub-sale by any purchaser is recognised by the auctioneers. Purchasers shall remain liable under these conditions in respect of their own purchase under the hammer.
11. Private treaty sales shall be subject to these conditions of sale where applicable.
12. All lots will be at the purchaser’s risk from the fall of the hammer. Purchasers are therefore advised to check that they have adequate insurance cover.
13. Purchasers will not normally be permitted to remove goods until their payment has cleared through the bank. Whether removal is permitted or not, ownership of goods will not be deemed to pass to the purchaser until their payment has cleared.
14. All lots must be cleared from the sale premises at the purchaser’s expense by the time stipulated or agreed by the auctioneers.
15. a) If a purchaser fails to comply with any of the preceding conditions the auctioneers may cause the lot in respect of which the failure is made to be resold by public or private sale without warranty or reserve and without notice to the purchaser.
b) If upon resale a lower price is obtained for any lot than was obtained on the first sale, the difference in price together with all costs and charges attending the resale shall be a debt due from the purchaser in default at the first sale.
c) Alternatively the auctioneers may, at their discretion, store the lot and recover reasonable charges for so doing from the purchaser.
16. All Sales shall be deemed to have been made in England and the Parties to the Sale hereby submit to the jurisdiction of the English Courts. English Law shall be the proper law of the Contract of Sale.