NV- an oval level wall mirror in a wooden frame

TERMS AND CONDITIONS OF SALE 

1. 1.        INTERPRETATION:

a)     ‘‘Bid price’ means the price bid by a purchaser for a lot exclusive of any Value Added Tax chargeable on the supply of goods comprising the lot;

b)     ‘Purchase price’ means the bid price plus a sum equal to any Value Added Tax chargeable on the supply of the goods comprised in a lot;

c)      ‘Purchaser’ means the person making the highest bid price for a lot;

d)     ‘Vendor’ means the person, company or department selling the goods.

e)     ‘Reference to any enactment, order, regulation or other similar Instrument’ shall be construed as a reference to the enactment, order, regulation or Instrument as amended by any subsequent enactment, order, regulation or Instrument.

1. GENERAL NOTICE:

This sale is not classed as a consumer sale within the meaning of the Supply of Goods (Implied Terms) Act 1973.

1. 3.        BIDDING:

Full bidder’s details including a valid address, phone number, and photo ID must be produced (ie driving licence or passport), together with proof of address (ie: utility bill, bank statement etc) must be provided in order to bid.   .   

By making a bid for any lot, the person making the bid warrants that he has read, makes his bid upon and agrees to be bound by these conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the buyer to purchase any lot tendered upon these conditions.

If any dispute arises between those making bids, the Auctioneer, at his discretion, shall either put up the lot in dispute for resale or decide the dispute. No person shall retract his bidding. Vendors reserve the right to bid themselves or by agents and to alter, vary or withdraw any lots before or during the sale.

1. 4.        METHOD OF PAYMENT:

No goods may be removed until they have been paid for in full. Payment is acceptable by bank transfer, cash (up to £7000), or credit or debit cards. There is a limit of £300 for Cardholder Not Present (CNP) payment.   A handling charge of 3% will be added to all credit card and American Express payments.  Debit cards will incur no extra charge.  Payment by BANK TRANSFER is our preferred method of payment and can be made directly into our Client’s Call account - please contact the auction office for bank details on 01404 891833.

Full and final payment must be made immediately upon receipt of invoice, (unless prior arrangement has been obtained from the Auctioneers), All payments MUST be received in full by within 24 hours of the sale.  .

1. 5.        BUYERS PREMIUM AND VAT CHARGES:

A buyer’s premium plus VAT will be charged on all lots, see catalogue for details.  VAT is charged at the current rate of 20%. There is no VAT charged on the hammer price where noted NV (no vat) in the lot description. 

1. 6.        CONDITION AND DESCRIPTION OF LOTS:

Representations or statements made by the Auctioneer in any Catalogue as to contribution, authorship, genuineness, source, origin, date, age, provenance, condition or estimated selling price or value is a statement of opinion only. Neither the Auctioneer nor its employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a Lot must exercise and rely on their own judgment and opinion as to such matters. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot.

1. 7.        ACCEPTANCE OF FINAL BIDS:

IMPORTANT NOTE – Acceptance of all final bids is subject to prior approval by our client. MST Auctioneers Ltd reserves the rights to reject any bids which they feel are insufficient. Successful bidders will be notified by email upon the finish of the auction.  The fall of the hammer is a legally binding contract to purchase, if you are not sure, do not bid, as we are unable to cancel your purchase.

1. 8.        PAYMENT OF BALANCE: VENDOR`S POWERS ON NON-PAYMENT:

Before all lots are removed by the Purchaser, they shall pay in full the purchase price for all the lots they bought. Such monies shall be paid within 48 hours following the sale. If the purchase price is not paid by the Purchaser, all monies deposited shall be forfeited and the Vendor shall be at liberty without prejudice to any other remedies to resell any lot or lots or any part thereof remaining unmoved and unpaid for by the Purchaser by public or private sale without giving prior notice to the Purchaser, and after allowing for any deposit forfeited as aforesaid, any deficiency which may arise on such resale shall be made good by the Purchaser and shall be recoverable from him as liquidated damages or deducted from the sums due to him under this or any other contract. Any increase of price obtained on resale shall belong to the Vendor. We reserve the right to charge the card registered with the auction platform site for the full amount outstanding.

1. 9.        DESCRIPTION OF PAINTINGS:

All references to signatures, inscriptions and dates refer to the present state of the work.

a)     A picture catalogued with the forename(s) and surname of the painter is in our opinion a work by that artist;

b)     When an 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.

c)      Attributed to.... is in our opinion probably by the artist.

d)     Studio of.... is in our opinion a work from the studio of the artist which may or may not have been executed under his direction.

e)     Circle of.... is in our opinion a work of the period of the artist executed under his immediate influence.

f)       Follower of.... is in our opinion a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily his pupil.

g)     Manner of.... is in our opinion a work in a style related to that of the artist, but of a later date.

h)     School…. is in our opinion the picture was executed at that time and in that location.

i)       After.... is in our opinion a copy of any date after a work by that artist.

j)       The term ‘Signed and/or dated and/or inscribed’ means that in our opinion the signature and/or date and/or inscription are from the hand of the artist.

k)      The term ‘Bears signature and/or dated and/or inscription’ means that in our opinion the artist’s name and/or date and/or inscription have been added by another hand.

1. 10.     The Artists’ Resale Right (ARR):

The use of ARR or Droit de Suite in a description warns the buyer that an extra charge will be payable.  Following the UK implementation of the EU Artist’s Resale Right directive, living artists and the heirs of those that died less than 70 years ago may receive a fraction of a resale royalty that is payable by the buyer. The payment is calculated on qualifying works of art which are sold for more than EUR 1,000 on the hammer price. The actual qualifying threshold will be calculated by the Artist’s Resale Right Service on the day of the sale, and can be found on www.dacs.org.uk.    This royalty will be added to the buyer’s invoice and must be paid before items can be released.

1. 11.     FAULTS AND ERRORS:

The lots are sold ‘as seen as they lie’ with all faults and errors or mis-statement or description, measurement, weight, quantity, quality, number or otherwise (whether of a substantial nature or not). The Purchaser shall be deemed to have inspected the lots he buys and if he buys without previous inspection, he shall do so at his own risk. The lots are not sold by sample but if in any case, a sample shall be displayed, it shall be upon the understanding that this contract shall contain no implied condition or warranty as to quantity or otherwise or that the lots are free from any defect rendering them unmerchantable.  No Warranty whatsoever is given or implied by the vendor or the auctioneers.

Whilst MST Auctioneers Ltd do make every effort to ensure the accuracy of their catalogue and the description of any lot:

a) Each lot as set out in the catalogue or as divided or combined with any other lot, or lots, is sold by the vendor with all faults, imperfections and errors of descriptions. 

b) MST Auctioneers Ltd do not accept any responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the vendor so to certify and in such cases the auctioneers do so as agents for the vendor and are not themselves responsible for such claims 

c) All Statements, whether printed in the catalogue or made orally as to any of the matters set out in b. above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by MST Auctioneers Ltd, unless they have been instructed in writing by the vendor so to certify, and in such cases MST Auctioneers Ltd do so as agents of the vendor and are themselves not responsible for such claims. 

d) The goods shall be acquired by the Purchaser at his own risk.   Any claim under any Statute must be received in writing by the auctioneer within seven days of the sale. 

1. 12.     TRANSFER OF LOTS:

No transfer of lots by the Purchaser shall be allowed.

1. 13.     DISPUTES:

If any dispute or difference arises about any lot or any other matter in relation to the sale, the same shall be settled by the Auctioneers or any such person as they shall appoint for the purpose, whose determination shall be fixed and binding on all parties concerned.

1. 14.     RISK AND INSURANCE:

Neither the Vendor nor the Auctioneer shall be responsible for any lot or part thereof after the fall of the hammer, from which time all lots shall remain the responsibility of the Purchaser.   The goods are the risk of the Buyer immediately upon the fall of the hammer and buyers are strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until payment has been received in full.

1. 15.     SAFE WORKING PRACTICE & PERSONAL INJURY:

Neither the Vendor nor the Auctioneer shall be responsible for any accident or damage to life or limb which may occur prior to or during the progress of the Sale or at any time during the removal of lots except to the extent that such accident or damage arises from the negligence of the Vendor or the Auctioneer. The Buyer takes on responsibility to insure against and to make good any injury or damage to persons or property caused by the Buyer, their carriers, servants or agents upon the fall of the hammer but goods must be paid for in full before property in the goods passes to the Buyer.  

1. 16.     REMOVAL:

ALL LOTS SHALL BE REMOVED AT THE PURCHASER`S EXPENSE AND RISK.  Clearance (only after full cleared payment has been made) can take place within the dates specified, or by appointment with the Auctioneers.   Where the Auctioneers or their agents gives assistance with the lifting and/or towing within the Auction premises in connection with the collection of goods such assistance is given entirely at the Purchaser`s risk and they shall incur no liability whether in contract or in tort in respect other than in respect of injury to persons arising from the negligence of the Vendor, Auctioneers or their agent.