A collection of WWII items belonging to Russell 'Spike' Marks, service no. 404283 of the Royal

BUYER STANDARD TERMS AND CONDITION

UNDER WHICH  CHATTELS ARE OFFERED FOR SALE

1.The highest bidder is to be the purchaser and, should any dispute arise between two or more bidders, the lot in dispute shall, at the discretion of the Auctioneer, be immediately put up again and resold. The auctioneer reserves the right to refuse the bidding of any person.

2.No person may advance a sum less than the increment indicated by the Auctioneer nor may  a bid, once made, be retracted.

3.When lots protected by a reserve price, the Auctioneer has the right to bid on behalf of the vendor up to, but not beyond, that reserve.

4.The act of bidding implies that the purchaser agrees to pay a buyer’s premium of 15% (+VAT) of the hammer price of each lot.

5.All intending purchasers are required to register their particulars with the office before the sale and obtain a bidding card. The Auctioneers reserve the right to ask for a deposit of 25p in the pound (if required) in part payment of the purchase money, buyer’s premium and VAT thereon. A lot is deemed the property of the purchaser at the fall of the hammer and becomes their responsibility thereafter.

6.All purchases must be paid for in full as soon as possible after the conclusion of the sale and in any event no later than close of business on the second working day after the sale. Payment can be made by cash (up to a maximum of £2,500), debit card and credit card (subject to a 2% surcharge).

7.Any anomalies that occur need to need to be highlighted to the auctioneer within 14 days of settlement.

8.The Auctioneers reserve the right to impose a storage charge of £1 per day (+VAT) on any lots not cleared within the specified time, unless a special arrangement is made with the Auctioneers. No lot  may be removed, without a receipted delivery note from the office and purchases may not be cleared whilst the sale is in progress.

9.Items that have been paid for and not collected after three months will be either disposed of or sold to defray storage costs

10.Lots are sold as seen, with all faults, imperfections and errors of description as may apply in the catalogue. By bidding, intending buyers indicate that they are content with the condition, quality and description of a lot and no allowance will be made after a sale

11.All commission and telephone bids must be submitted before 6pm the day before the sale day. Telephone bids must have photo ID proof before being accepted. Martin & Pole will endeavour to execute these bids on your behalf but will not be liable for any errors or failing to execute bids.

12.Online Bidding

Martin & Pole offers 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 Martin & Pole :

1.  Authorise Martin & Pole, 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

2.  Confirm that you are authorised to provide these credit card details to Martin & Pole  through www.the-saleroom.com and agree that Martin & Pole 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

13.No lot can be removed from the sale room until the auction has ended.

14.The Auctioneers reserve the right to divide, combine, add to or withdraw any lot.

15.The Auctioneers do not hold themselves responsible for loss of time or expense occasioned to any prospective purchaser by reason of any lot being withdrawn from sale or otherwise dealt with accordance with Condition 9 above.

16.Any damage done during the removal of lots, either to the property of others, or to the premises, must be made good - principals being considered responsible for the acts of their contractors

17.The Auctioneers act only as agents and shall not therefore be held responsible for any default on the part of either a Vendor or a Purchaser.

18.In the event of a  dispute arising, the decision of the Auctioneer shall be final and binding on all parties.

19.Failure to comply with any of the above conditions shall forfeit any deposit that may have been taken and any purchases uncleared within the specified time may be resold,  without reference to the defaulter. Any deficiency resulting from such a resale, together with expenses incurred, shall be made good by the defaulter and will be recoverable as and for liquidated damages. Any surplus that may arise from such a resale shall belong solely to the Vendor. The Auctioneers or Vendor shall have full right to enforce any bidding contract made at a sale and to sue for the full price of the goods and the buyers premium, and the foregoing provision as to resale shall be entirely without prejudice to such right.

NOTICE

A. All statements in the catalogue as to any lot are made in good faith but without responsibility on the part of the Vendor or the Auctioneers.

B. All statements in the catalogue, or given verbally, as to authenticity, attribution, genuiness, origin, authorship, date, age, period, condition or quality are statements of opinion only and are not to be taken as, or implying, statements or representations of fact.

C. Intending purchasers must satisfy themselves by inspection or otherwise as to all such matters and as to the physical description and condition of any lot. By bidding they acknowledge that they have done so.

D. Neither the Vendor nor the Auctioneers, make or give, nor has any person in the employment of the Auctioneers any authority to make or give, any representation or warranty in relation to any lot.

The Auctioneers are prepared to advise intending purchasers and to execute bids on their behalf without charge for either service.

Artist's Resale Rights (“Droit De Suite”)

The buyer agrees to pay the Auctioneer an amount equal to the resale royalty. Resale royalty applies to both a living artist and the estate of an artist for a period of 70 years after their death where the Hammer Price is €1,000 or more and the amount cannot be more than €12,500 per lot.

                The amount is calculated as follows:

                Royalty for the portion of the Hammer Price (in Euro)

                4.00%                    up to 50,000

                3.00%                    between 50,000.01 and 200,000

                1.00%                    between 200,000.01 and 350,000

                0.50%                    between 350,000.01 and 500,000

                0.25%                    in excess of 500,000