Third Party Liability. Every Person on Rendells premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against Rendells in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the negligence of Rendells employees.
(a) Rendells LLP trade as Rendells
(b) Rendells, act only as Auctioneers and agents for the vendor, are called “The Auctioneers”, and the representative of Rendells conducting the auction is called “the Auctioneer”.
GENERAL CONDITIONS OF SALE
2. General. Rendells will to the best of their ability 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) Rendells do not accept 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 case the Auctioneers do so as agents of 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. Rendells unless they have been instructed in writing by the vendor so to certify and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(d) Any claim under Statute must be received in writing by the Auctioneer within seven days of the day of sale. Whilst statements may be made in print or orally that an item is damaged, at fault or restored it is emphasized that the absence of any reference does not imply that the lot is free from all defects.
(e) Any lot purchased via ATG Media (www.the-saleroom.com) will be subject to ATG Media (www.the-saleroom.com) terms and will be subject to an additional 3.6% commission charge including V.A.T. on the hammer price.
(f) Any notice to buyer, seller, bidder or viewer may be given by first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
3. The Auction.
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lotsor to withdraw any lot or lots from the sale, to refuse bids, regulate bidding, no bidder advancing less than a sum to be named by the Auctioneer, the right to cancel the sale without giving any reasons nor without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion, the vendor may not under any circumstances bid. Reserves set are subject to Auctioneers discretion of 10%.
(b) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the sale.
(c) We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our auction.
Not withstanding any other terms of these Conditions, if within seven days after the sale Rendells have received from the purchaser of any lot notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the purchaser returns the same to Rendells in the same condition as at the time of sale and by producing evidence, (the burden of proof to be upon the purchaser) which satisfies Rendells that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price and the vendor agrees to reimburse the auctioneers of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the Purchaser and the Vendor agree to be bound by the decision.
Rendells disclaim responsibility for default by either the purchaser or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the purchaser. Instructions given by telephone are accepted at the vendor’s risk and must be confirmed in writing forthwith.
6. Sale by Private Treaty
In the event of a sale by private treaty both the vendor and the purchaser agree to be bound by the General and any Special Conditions of Sale.
7. Proceeds of sale
Proceeds of sale are held in our Stonepark Clients Auction Account, Lloyds Bank PLC, Courtenay Street, Newton Abbot. We do not pay interest on monies held in this account.
8. Rights to Photographs and Illustrations.
Both the vendor and purchaser give Rendells full and absolute right to photograph and illustrate any lot placed in their hands for sale (whether sold or not) and to use such photographs and illustrations at any time at their absolute discretion (whether or not in connection with the auction). Rendells reserve the right to charge up to £20 per photograph for any advertising purposes whatsoever. The copyright to the photographs as illustrated in our catalogue and advertisement belong to us, the Auctioneers.
Rendells are Auctioneers, all goods delivered to Rendells premises will be deemed to be delivered for sale by auction unless otherwise previously stated in writing, will be accepted by Rendells subject to all Sale Conditions, catalogued and sold at Rendells discretion. Each Vendor acknowledges that by delivering the goods to Rendells for inclusion in their auction sales he or she has accepted and agreed to be bound by all these conditions, Rendells reserving the right to refuse any entry if they do not consider it to be suitable.
Rendells reserve the right to charge the full sale commission based on reserves or pre-sale estimates plus any extra expenses on any goods which are entered, catalogued and withdrawn from sale, or a lesser amount at their discretion. The minimum charge will be £30 including V.A.T. per lot.
Items for sale must be consigned to the saleroom at the vendors expense, we may be able to assist in making arrangements, but any costs of a carrier is your responsibility. If Rendells are unable to undertake the collection of goods they will, if requested, instruct a contractor on the vendor’s behalf in their capacity as agents. Rendells disclaim all responsibility for loss or damage to goods or for unauthorized removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of sale.
12. Electrical Goods.
All electrical goods must have a current PAT’s label. Our charge for testing is £2.40 including V.A.T. per item. An item not certified as safe, unless antique, will have its wiring removed. Testing takes place after the items have been lotted.
13. Soft Furnishings.
The sale of soft furnishings is regulated by statutory law, any items that do not comply with these regulations will be disposed of at cost to the vendor.
14. Prohibited, Restricted and Licensed items
This includes but is not exclusive to shotguns, firearms, knives, taxidermy, etc.
(a) If an item brought to the saleroom is found to be prohibited or restricted, we reserve the right to return this item to the owner, if allowed or to the relevant authority.
(b) If an item brought to the saleroom requires a license we will ask you to provide the original for us to obtain the required amount of photocopies for our records and to be forwarded to the appropriate authority where needed.
(c) Taxidermy items may require a written record and license (dependant on age and species). We will need to make photocopies of the originals to be forwarded to the appropriate authority where required.
15. Loss or Damage.
Rendells disclaim all responsibility for loss and damage of goods or for unauthorized removal of goods unless caused by the direct negligence of their employees.
16. Right to Sell.
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within seven days of such request Rendells reserve the right to sell the goods to defray costs and storage charges. Our storage charge is at a minimum of £2.40 per lot per day, including V.A.T.
The vendor pays a commission only when an item is sold. We offer a competitive rate, per item, of 18% on the first £500 and 12% thereafter. An insurance charge of 1.2% is also paid whilst items are in our possession. There is minimum commission of £3.60 per catalogued lot. V.A.T. is included at the current rate on the charges set out above.
After the sale settlement of the net sum due to you normally takes place within 10 days of the sale, unless the buyer has not paid for the good(s). In this case no settlement of the sale item will take place and we will take your instructions as to whether you would like the item re-offered or returned to you.
(a) Goods on Rendells premises and in their custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage nor damage) for which insurance Rendells will charge a premium of 1.2% including V.A.T. of the gross amount realized, or in the case of unsold lots the reserve or the lower of the pre-sale estimate.
(b) Rendells shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees.
(a) If the auctioneers considers a reserve unreasonable they may in their discretion refuse to accept the item.
(b) All goods are put up for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserves are received by Rendells 48 hours prior to the commencement of the sale.
(c) Rendells are empowered to sell any goods by Private Treaty after the auction in the event of any reserve price not being reached, at a price of not less than the reserve with discretion, so long as the goods remain on Rendells premises and in the event of such a sale by private treaty the conditions of sale by auction will be binding to both vendor and purchaser.
The vendor shall duly indemnify Rendells against any claims in connection with any goods sold by Rendells on the vendor’s behalf and will warrant that the goods are his or her bona fide items to sell and are not subject to any Hire Purchase Agreement, Lease or Loan Arrangement.
22. Value Added Tax.
A vendor who sends for sale by auction any chattel(s) which is an asset of their business must disclose to the Auctioneer whether or not they are a registered person for Value Added Tax purposes and, if so, their registered number and whether or not they intend to operate the special scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
The vendor authorises the Auctioneer to deduct commission and expenses at the stated rate from the hammer price.
(a) The purchaser has ample opportunity prior to the sale to inspect the respective items and investigated the condition of all lots they may be interested in. Each Purchaser by making a bid for a lot acknowledges that they have satisfied themselves fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
(b) Mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods.
25. Electrical Goods.
Any electrical goods sold without a PAT’s label are sold as antiques only. If an electrical item has a PAT’s label it does not mean it is working only that the item is safe.
26. Property and Risk.
Legal title will not pass to the purchaser until the lot(s) has/have been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 27 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and when called upon to do so by the Auctioneer shall forthwith pay to Rendells such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
27. Bidding Procedures and the Purchaser
(a) All prospective purchasers must give their full name and address to the office before bidding.
(b) Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Rendells that he acts as agent on behalf of a named principal, no transfer will be accepted.
(c) The highest approved bidder shall be the purchaser and if any dispute arises as to who was the last or highest bidder the Auctioneer has sole discretion to withdraw the lot and re-offer it by auction to settle the dispute.
(d) The minimum starting bid is £5.
28. Removal of Goods.
(a) No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the purchaser’s risk and expense by 5.00 p.m. on the Monday after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, all lots not so removed shall remain at the risk of the purchaser subject to a minimum storage charge of £2.00 per day and if they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the purchaser. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot.
(b) In the event of any failure of the purchasers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulters shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 5% above Lloyds Bank PLC Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are able to accept payment from, successful bidders in cash or by the bidder’s own cheque, credit and debit cards.
(c) Exporting of lots from the UK may be subject to an import/export license. It is the purchasers responsibility to obtain the relevant license
29. Purchase Price.
The purchaser shall pay the hammer price, V.A.T. where applicable, together with BUYERS PREMIUM of 18% including V.A.T. on each lot (23.94% for online purchases).
30. V.A.T. Any lot where V.A.T. at 20% is payable will be marked with an * or an ** if at 5% (outside EU).
(a) V.A.T. is likely because the seller is registered for V.A.T. within the European Union and is not operating the Dealers Margin Scheme or because V.A.T. is due at 20% on importation to the U.K.
(b) The ** indicates the lot has been imported from outside of the European Union and the present position is that these lots are liable to a reduced rate of V.A.T. (5.00%) on the hammer price and 20% on the buyer’s premium.
(c) Lots which appear without either of these symbols indicate that no V.A.T. is payable on the hammer price.
31. Artist Resale Right Regulations 2012 (“Droit de Suite”)
(a) Subject to specific conditions, some works of art by Artists (living or deceased in the last seventy years) and sold over the equivalent of €1000 the purchaser is liable to pay an additional resale royalty. Any lot which may be liable will be marked with a †.
(b) The amount is capped at €12,500 per lot.
(c) The amount is calculated as follows;
- Royalty for the portion of the hammer price (in Euro) 4.00% up to €50,000
- Royalty for the portion of the hammer price (in Euro) 3.00% between €50,000.01 to €200,000
- Royalty for the portion of the hammer price (in Euro) 1.00% between €200,000.01 to €350,000
- Royalty for the portion of the hammer price (in Euro) 0.50% between €350,000.01 to €500,000
- Royalty for the portion of the hammer price (in Euro) 0.25% in excess of €500,000
(d) Invoices will, as usual, be issued in Pounds Sterling
(e) For the purposes of calculating the resale royalty the Pounds Sterling/Euro rate of exchange will be the European Central Bank reference rate on the day of the sale.
32. General Notes.
(a) No Dogs are permitted on the premises.
(b) No Smoking anywhere on the premises.
(c) If we are found to be liable to you for any reason (including if we are found to be negligent, in breach of contract or to have media misrepresentation) our liability is limited to the total purchase price paid by you for any lot.
(a) Cheques only accepted by prior arrangement. Goods will only be released after cheques have cleared.
(b) Payment by Credit Card by agreement only. No Credit Card payments from overseas buyers
(c) Payment by Debit Cards can be made with no surcharge.
(d) We do not accept American Express
(e) Due to problems with fraudulent debit and credit card payments, payments over the telephone cannot be made for invoices of more than £200 unless the buyers are known to Rendells. Payments can be made in person using a chip and pin number, bank transfer, cash up to £10,000 or by cheque with clearance on the sixth working day.
(f) Our bank details are as follows;
41 Courtenay Street
NEWTON ABBOT, Devon, TQ12 2QW
Rendells - Stonepark No. 2 Clients Auction Account
Sort Code 30-96-06
Account No. 02592194
Iban Code: GB65 LOYD 3096 0602 5921 94
Swift Code: LOYD GB21078
34. Money Laundering Regulations 2003.
ANYONE purchasing goods in cash equivalent to €10,000 or more must provide two forms of identification.
35. Postage and Packaging.
Our preferred method of dispatch is by Mailboxes and Royal Mail signed for, with the purchaser responsible for insuring the goods. A packing charge (minimum of £9.60 including V.A.T. per Lot, plus cost of postage) applies. This is assessed on a lot by lot basis, but some items are unsuitable for this service (we will not pack china, glass, pictures or any prohibited items as stated by the Royal Mail). We take great care in the packing of items, but Rendells will not accept liability for any damage caused in transit. The consignee accepts this as part of our terms of dispatch and is solely responsible for insuring the goods against any loss or damage.
36. Notes for Remote Buyers
Items paid for with Debit or Credit Card where the purchaser organizes his or her own collection by courier or agent will only be released by Rendells for transport if the delivery address of the consignee is the same as in our records and the registered address of the purchaser’s card. If the addresses are different then the purchaser will be required to forward a cheque which must be cleared before the goods are released
Amended JANUARY, 2019