In these Conditions Rogers Jones & Co act only as Auctioneers and Agents and the representative of Rogers Jones & Co conducting the auction is called “the Auctioneer”.
Whilst Rogers Jones & Co make every effort to ensure the accuracy of the catalogue and the description of a 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) Rogers Jones & Co do not accept any responsibility for the authenticity, genuineness, origin, authorship, date, age, period, condition or quality of any lots unless they have been instructed in writing by the buyer to so certify.
c) All statements whether printed in the catalogue or made orally as to any of the matter 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 Rogers Jones Co unless they have been instructed in writing by the buyers to so certify.
3. THE AUCTION
a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without any case giving any reason or without previous notice. He may bid on behalf of a vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
b) The highest bidder shall be the buyer. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.
c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
d) 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 lot.
Notwithstanding any other terms of these Conditions, if within fourteen days after the sale Rogers Jones & Co have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within seven days after such notification the buyer returns the same to Rogers Jones & Co, in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Rogers Jones & Co 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 of the same refunded. The vendor agrees to be bound by Rogers Jones & Co’s decision.
Rogers Jones & Co disclaim responsibility for default by either the buyer or the vendor because they act as Auctioneers only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
6. THIRD PARTY LIABILITY
Every person on Rogers Jones & Co’s premises at any time shall be deemed to be there at his/her own risk. He/She shall have no claim against Rogers Jones & Co in respect of any accident which may occur or injury, damage or loss shall be caused by the negligence of Rogers Jones & Co’s employees.
As Rogers Jones & Co are Auctioneers all goods delivered to Rogers Jones & Co’s premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at Rogers Jones & Co’s discretion and accepted by Rogers Jones & Co subject to all the Sale Conditions. By delivering the goods to Rogers Jones & Co for inclusion in their auction each vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
Rogers Jones & Co do not themselves undertake the collection of goods but will, if required in writing, instruct a contractor on the vendor’s behalf in their capacity as Agents. Rogers Jones & Co disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks.
9. LOSS OR DAMAGE
Rogers Jones & Co disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of their employees.
Rogers Jones & Co reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their salerooms without sufficient sale instructions and reserve the right to take a minimum charge of £1 per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
Vendors will be charged for goods left on the premises if the vendor has been requested to remove within twenty one days of such request. Rogers Jones & Co reserve the right to sell the goods to defray costs and storage charges.
Whilst all reasonable care will be taken by Rogers Jones & Co of items on their premises, vendors are advised to enquire of their Insurance Company in regard to possible extension of cover required on items to be removed to the Saleroom even though their items will be insured against Fire and Burglary whilst on the Company’s premises.
a) All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve are received by Rogers Jones & Co prior to the commencement of the sale.
b) In the event of any reserve price not being reached at auction, Rogers Jones & Co are empowered to sell after the auction by private treaty, at not less than the reserve price, as long as the goods remain on Rogers Jones & Co’s premises. In the event of such a sale by private treaty the Conditions applicable to a buyer governing the auction will no apply.
c) Any reserve price not marked FIRM will, if necessary, be sold with a 10% discretion.
The vendor shall duly indemnify Rogers Jones & Co against any claims in connection with any goods sold by Rogers Jones & Co on the Vendor’s behalf.
15. VALUE ADDED TAX
A vendor who sends for sale any chattel(s) which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for VAT purposes and, if so, his registered number and whether or not he intends 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.
Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he/she has satisfied him/herself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of an description of the lot including but not restricted to whether the lot is damaged or has been repaired.
17. PROPERTY AND RISK
The property in a lot shall not pass to the buyer until he has paid the purchase price in full but each lot is at the sale risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Rogers Jones & Co such proportion of the purchase price as the Auctioneer may require. If the purchaser fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
18. REMOVAL OF GOODS
a) No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyer’s risk and expense by the end of the second working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of £1 per lot per day. 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 buyer. 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) If any buyer fails to comply with any of the above conditions the damages recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the Auctioneer against the defaulter’s liability and may be appropriated in settlement of that liability.
19. PURCHASE PRICE
The purchaser shall pay the hammer price together with the current rate of buyer’s premium. The premium is NOT negotiable and includes VAT at the standard rate and is payable by ALL purchasers. The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer’s right to retain the premium payable by the purchaser.
If the work of a living artist has a hammer price of 1,000 euros or more (approx £700) an additional 4% will be levied on the hammer price. This is known as Droit de Suite and is an obligatory levy which is passed on to the living artist.
EXPLANATION OF CATALOGUING TERMS
1. The forename(s) (or asterisks where not known) and surname of the artist indicate in our opinion the work of the artist.
2. The initial(s) of the forename(s) and the surname of the artist indicate in our opinion a work of the period of the artist which may be wholly or, in part, his work.
3. A picture catalogued as “ATTRIBUTED TO” is in our opinion probably a work by that artist.
4. A picture catalogued as “FOLLOWER OF” is in our opinion a work by a painter working in that artist’s style.
5. A picture catalogues as “SCHOOL” accompanied by the name of a place or country and a date means that in our opinion the picture was executed at that time and in that location.
6. A picture bearing the word “AFTER” is in our opinion a copy of any date after a work by that artist.
7. The term “BEARS A SIGNATURE” means that in our opinion the artist’s name has been added by another hand.
8. Dimensions are given height before width, are at approximate and to the nearest half an inch.
9. “ANTIQUE” – The word antique is intended to define a TYPE of auction and NOT NECESSARILY the age of the items in it. Our Antique Auctions may contain items up to present-day age.