Lots purchased online with the-saleroom.com will attract an additional charge for this service in the sum of 4.95% of the hammer price plus VAT at the rate imposed.
20% BUYER'S PREMIUM+ VAT On all items
Terms & Conditions
Morgan Evans & Co Ltd are primarily agents for the seller. We are dependent on the information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them, we are normally unable to carry out a detailed or any examination of lots order to ascertain their condition in the way in which it would be wise for a buyer to do.
1) BIDDERS: have an opportunity to study the goods and, therefore accept responsibility for investigating lots in which they may be interested in. Please note carefully the exclusion of liability for the condition of lots contained in the “Conditions Of Sale”. Neither the seller nor we, as the auctioneers accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order.
2) ESTIMATES: Any written or oral estimates given by Morgan Evans & Co Ltd or its employees or agents as to the estimated selling price the lot is likely to achieve is a statement of opinion only and may not be relied on as an indication of the actual selling price or the true value.
The estimated selling price for each price is available on request. The estimates are prepared in advance of the sale and are not definitive and are subject to revision.
3) BIDDING PROCEDURE:
(1) The maker of the highest bid accepted by the auctioneer conducting the sale shall be the purchaser and will be responsible for the lot on the fall of the hammer, accepting the risk for each lot purchased.
(ii) The ownership of the lots remain vested in the vendor and shall not pass to the purchaser until payment is received in full by the auctioneers.
(iii) Commission/Telephone bids may be left with the auctioneers indicating the maximum amount to be bid. Commission bids will be faithfully executed when received in writing on the appropriate forms at least one hour prior to the start of the sale, on condition that the lots have been viewed by the intending bidder or his authorised agent and the buyer agrees to take with all faults and mis-descriptions
Whilst any lot will be purchased as other bids and reserve prices allow, and two or more buyers submit identical bids, the auctioneers may prefer the first bid received and will accept no responsibility if a commission bid is not executed.
All lots purchased on commission must be paid for in accordance with the terms and conditions
(iv) Online Bidding: Morgan Evans & Co 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 Morgan Evans & Co Ltd:
a) authorise Morgan Evans & Co , 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
2) confirm that you are authorised to provide these credit card details to Morgan Evans & Co Ltd through www.the-saleroom.com and agree that Morgan Evans & Co Ltd 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
(v) Royalty Payments: Artist Resale Rights royalty charge will apply to purchasers of qualifying artwork with a hammer price above 1000 Euro.
4) THE AUCTIONEERS RESERVE THE RIGHT:
(a) To refuse admission by any persons onto the premises
(b) To choose the size of the bidding increments
(c) To refuse to accept any bid by any person or persons
(d) In the event of any dispute or arising out of, or over any bidding, to reasonably determine such dispute at their sole discretion or to put the lot up for sale again at the last undisputed bid
(e) To refuse, withdraw, combine or divide any lot at any time
(f) To accept a bid on behalf of the person entering the lot for sale
Their decision shall be final and binding
5) TERMS OF PAYMENT:
(1) Every purchaser shall register his full name and address at the office/www.the-saleroom.com before the commencement of the sale. Any person wishing to pay by cheque must make prior arrangements with the auctioneers and the auctioneers reserve the right to retain the lot until such cheque is honoured
(ii) Any person intending to bid for any lots as an agent shall so inform the auctioneers in writing before the sale begins and shall, if required by the auctioneers, disclose the name and address of his principal
(iii) Where a person whose bid is accepted is in fact acting as an agent, whether or not he has disclosed this fact, he and his principal shall be deemed to be and shall remain jointly liable on the contact and any steps or proceedings authorised by these conditions or the general law may be taken or commenced against either or both of them and no steps taken or proceedings commenced against the principal or the agent shall be deemed to generate as an election discharging the other from liability unless such steps or proceedings result in a final satisfied judgement
(iv) If before the commencement of the sale the person acting as an agent informs the auctioneer that he intends to act as a principal he will be deemed to be solely liable on the contract.
(v) The purchaser shall pay in full the purchase price for each lot to the auctioneers as soon after the fall of the hammer as the auctioneers may require and before removal of the lots.
The purchaser shall remove his lots as his own expense, only when payment has been made in full and with the auctioneer’s authority.
(vi) Where the buyer offers cash in settlement, the auctioneers will not accept more than the equivalent at the time of the sale in pounds sterling of six thousand Euros for transactions at any one sale in order to comply with the Money Laundering Regulations 2007.
(vii) All unpaid accounts at the end of the day shall incur a late penalty payment of 5% plus an interest charge of 10% above Barclay’s Bank base rate, thereafter charged at a daily rate
6) INSURANCE: upon the fall of the hammer it is the buyers responsibility to obtain adequate insurance cover for the items they have purchased.
Whilst all reasonable care will be taken by Morgan Evans & Co Ltd of items on their premises, once sold the auctioneer accepts no responsibility whatsoever for items purchased by the buyer (except as required by law by reason of our negligence), unless by damage by our own negligence vendors and purchasers are advised to extend or obtain adequate insurance cover for items owned by them whilst on the sale premises.
7) REMOVAL OF LOTS:
(i) No lot whether sold or unsold may be removed from the sale-ground without the written authority of the auctioneers. Passes for such removal must be obtained from the auctioneer’s office and each lot will be checked out by the auctioneer of their duly authorised representative. The auctioneers accept no liability for lots while on the sale-ground whether sold or unsold.
(ii) Where the sale-ground is in the permanent occupation of the auctioneers any lot which (without express written consent of the auctioneers) has not been collected within six calendar months from the day on which it was sold or last offered for sale or such other period as shall have been announced in the special conditions will be deemed to be abandoned.
The auctioneers will then be entitled to dispose of such an abandoned lot at their unfettered discretion. For the avoidance of any doubt, any monies arising from such a disposal will be paid to and retained by the auctioneers. The auctioneers may make a reasonable charge for handling and storage of the lot if it remains on the sale-ground more than five working days after the sale.
8) COMPLAINTS: a copy of the Morgan Evans & Co Ltd complaints handling procedure is displayed in the office and is available from any member of staff.
The auctioneers shall have the right to appoint a person to act as the arbitrator subject to the Arbitration Acts as modified by these conditions of sale.
The arbitrators decision shall be final and binding on all parties.
9) APPLICABLE LAW: These conditions shall be governed by and construed in accordance with the law of England and Wales. All transactions to which these conditions apply and all connected matters shall also be governed by the law of England and Wales.