Sale Terms and Important Information

1. Definitions.
In these Conditions Semley Auctioneers Limited, who act only as auctioneers and agents for the vendor, are called "The Auctioneers", and the representative of Semley Auctioneers Limited conducting the Auction is called "The Auctioneer".

2. General.
Whilst Semley Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any lot:
• 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.
 
• Semley Auctioneers 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.
 
• 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 Semley Auctioneers, unless they have been instructed in writing by the vendors so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
 
• Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.
 
• Semley Auctioneers reserve the right at their absolute discretion to refuse admission to their premises or attendance at their sales, without giving any reason therefore.

3. The Auction
• The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or 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 highest bidder shall be the buyer except in the case of a dispute. If the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
 
• 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).
 
• 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.

 
4. Rescission.
Notwithstanding any other terms of these Conditions, if within ten days after the sale Semley Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery, and within fourteen days after such notification the buyer returns the same to Semley Auctioneers in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Semley Auctioneers 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. 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 buyer and the vendor agree to be bound by the decision.
 
5. Default.
Semley Auctioneers disclaim responsibility for default by either the buyer 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 buyer. Instructions given by telephone are accepted at sender’s risk and must be confirmed in writing forthwith.
 
6. Private Treaty
In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.

7. Instructions.
As Semley Auctioneers are auctioneers, all goods delivered to Semley Auctioneers’ premises will be deemed to be delivered for sale by Auction unless otherwise stated in writing and will be catalogued and sold at Semley Auctioneers’ discretion and accepted by Semley Auctioneers subject to all the Sale Conditions. By delivering the goods to Semley Auctioneers for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions.
 
8. Collections.
Semley Auctioneers do not themselves usually undertake the collection of goods but will, if required in writing, instruct a contractor on the vendor’s behalf in their capacity as agents. Semley Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods to 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 normally deducted from the proceeds of sale.
 
9.  Loss or Damage.
Semley Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
 
10.  Storage.
Semley Auctioneers 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 sale rooms without sufficient sale instructions and reserve the right to make a minimum storage charge of 50p per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
 
11, 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 fourteen days of such request Semley Auctioneers reserve the right to sell the goods to defray costs and storage charges.
 
12,  Insurance.
• Unless otherwise instructed in writing all goods on Semley Auctioneers’ 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 or damage) for which insurance Semley Auctioneers will charge a premium of £1.50p per £100 (minimum 1p). The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the best bid, or in the case of goods withdrawn prior to a sale that which the specialised staff of Semley Auctioneers shall in their absolute discretion estimate to be the auction value of such goods. Semley Auctioneers shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner’s written instructions. Semley Auctioneers shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by the negligence of their employees.
 
• In respect of any article delivered to Semley Auctioneers if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Semley Auctioneers’ interest as bailees in such policy or policies.
 
13. Reserves.

All goods are put up for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserves are received by Semley Auctioneers prior to the commencement of the sale.

• The Vendor shall be entitled to place prior to the auction a reserve in writing on any lot, being the minimum ‘hammer price’ at which that lot may be treated as sold. A reserve once placed by the vendor shall not be changed without the consent of the Auctioneers. The Auctioneers may at their option sell at a ‘hammer price’ below the reserve or the reserve less any agreed discretion on that reserve, but in any such cases the sale proceeds to which the vendor is entitled shall be the same as they would have been had the sale been at the reserve or the reserve less any agreed discretion on that reserve.

• In the event of any reserve not being reached at auction the Auctioneers are empowered to sell after the auction, by private treaty, as long as the goods remain on Semley Auctioneers’ premises and may at their option sell at a price below the reserve or the reserve less any agreed discretion on that reserve, but in any such cases the sale proceeds to which the vendor is entitled shall be the same as they would have been had the sale been at the reserve or the reserve less any agreed discretion on that reserve. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.

• Where a reserve has been placed, only the Auctioneer may bid on behalf of the Vendor.

14. Indemnity.
The Vendor shall duly indemnify Semley Auctioneers against any claims in connection with any goods sold by Semley Auctioneers on the vendor’s behalf.

15. Value Added Tax.
A vendor who sends for sale by auction or private treaty any item which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes in the UK or any other EU country and if so, declare his registered number and whether or not he intends to operate the margin scheme for second-hand goods. This information must be supplied to the Auctioneer on or prior to the items being released to the Auctioneer.

16.  Commissions and Buyers Premium
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 any premium payable by the purchaser. Commission is charged at 15% of the hammer price, with a minimum commission of £8.33 per lot. The auctioneers reserve the right to apply unsold charges at 15% of the Auctioneers' mid estimate, together with all other charges incurred. V.A.T. is payable on all charges. Payments are normally issued within 21 days of the date of the sale, provided that Semley Auctioneers has received cleared payment from the buyer.

17. Rights to Photographs and Illustrations.
The vendor gives Semley Auctioneers full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction). Charges apply to photographs and illustrations used in catalogues and advertisements. These charges are subject to V.A.T. at the standard rate. The Auctioneers have sole discretion in disclosing the names of vendors.  

18. Electrical and Mechanical Goods.
The Vendor or consignor of electrical or mechanical goods warrants and undertakes to the Auctioneers that at the date on which the same are consigned to the Auctioneers or put under the Auctioneers’ control and except as previously disclosed to the Auctioneers the same are safe if reasonably used for the purpose for which they were designed and free from defect not obvious on external inspection which could prove dangerous to human life or health, and will indemnify the Auctioneers, their servants and agents against any loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking.

Third Party Liability.

Every person on Semley Auctioneers' premises at any time shall be deemed to be there at his own risk. He shall have no claim against Semley Auctioneers 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 direct negligence of Semley Auctioneers' employees.

Special Notices:

Prospective buyers are advised to take heed of any special notices displayed in the salerooms or announced from the rostrum as these may affect or invalidate statements made in the catalogue or printed elsewhere.

Buyer's Registration:

All prospective buyers must register and obtain a bidding number prior to the commencement of the sale.  Please note proof of identity is required for registration.  This number, once issued, is permanent and applicable to all sales conducted by Semley Auctioneers. Semley Auctioneers reserve the right to refuse bids from or to re-offer lots bought by buyers whose identities have not been satisfactorily established. Registration must be completed not later than 7.00 p.m. on the day preceding the sale.

Buyer's Premium:

A premium of 19.5 % plus V.A.T. at the standard rate will be charged on the hammer price of each lot.

V.A.T.:

All lots marked with an asterisk (*) are subject to V.A.T. on the hammer price in addition to the Buyer's Premium. We operate under the V.A.T. Margin Scheme.  V.A.T. refunds are subject to strict regulations and will only be processed where the total V.A.T. amount is over £100.  A processing fee of £20 will be charged for each refund.

General Conditions of Sale:

These may be found at the back of the catalogue.

Rate of Sale:

Approximately 90 lots per hour. This may vary and the auctioneers cannot be held responsible for a buyer missing a lot.

Estimates:

These are intended only as a guide to prospective buyers. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, the degree of competition for a lot may cause it to sell above or below the given estimates. Estimates can be subject to revision so it is advisable to enquire of any change nearer the time of the sale. Estimates do not include the Buyer's Premium.

Commission Bids (Absentee Bidding):

We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. All bids are treated in strict confidence and the auctioneers undertake to purchase lots as cheaply as permitted by other bids and any reserves. If more than one bid for the same lot is received the bidding shall commence at one bid above the underbidder's maximum bid. Where identical bids are left for the same lot the earlier bid left will take precedence.

Bidding slips are available from the office and can be found at the back of the catalogue. All bidding slips must be signed. Faxed bids may also be sent. However, these must include the name, address, daytime telephone number and signature of the intending buyer. No responsibility will be accepted for faxed bids or bids taken over the telephone. All written bids must be submitted to the clerk before the commencement of the sale.

The auctioneers accept no responsibility for wrong lot numbers entered.

Please note all bids are subject to Buyer's Premium as stated.

Semley Auctioneers will endeavour to advise successful commission bidders as soon as possible. However, we cannot accept responsibility for this and therefore suggest to all commission bidders that they enquire as to whether or not they were successful at the end of the sale or shortly thereafter.

Telephone Bids:

There is a limited number of telephone lines. Any buyer wishing to bid by this method should book and confirm in writing not less than 24 hours prior to the commencement of the sale. However, it should be noted that the auctioneers may be unable to contact the intending bidder at the desired time and therefore such requests will be entirely at the risk of the intending bidder. This service is only available for lots expected to realise more than £500.

Export Licences:

An export licence is required for certain items and others above a certain value leaving the United Kingdom. The obtaining of a relevant licence is the responsibility of the buyer.

Condition of Lots:

While an identification of damage is given in some instances, an absence of such advise does not imply that a lot is free from defect. Prospective buyers are strongly advised to inspect any lot on which they intend to bid.
All weights and measurements are approximate and should be verified by intending buyers.

General Cataloguing Terms:

A/F - 'All Faults' or 'As Found', indicates that the item(s) referred to was (were)
found to be damaged or repaired when catalogued.

F/R - For restoration

Glossary of Terms:

A glossary of the conventional terms employed in this catalogue concerning attribution of paintings, drawings, and works of art. The auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.

Dimensions are given in inches and centimetres, height before width.

1. The forename(s) and surname of the artist:

In our opinion a work by the artist. When the 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 named.

2. Attributed to .........

In our opinion probably a work by the artist but less certainty is expressed than in
the preceding category.

3. Studio of ...........

In our opinion a work by an unknown hand in the studio of the artist which may
or may not have been executed under the direction of the artist.

4. Circle of ........

In our opinion a work by an as yet unidentified but distinct hand - closely associated
with the named artist but not necessarily his pupil.

5. Follower of ........

In our opinion a work by a painter working in the artist's style, contemporary or
nearly contemporary, but not necessarily his pupil.

6. Manner of........
In our opinion a work in the style of the artist and of a later date.

7. After ........
In our opinion a copy of a known work of the artist.

8. Signed / Dated / Inscribed .........
In our opinion the work has been signed / dated / inscribed by the artist.

9. With or Bears Signature / Date / Inscription ........
In our opinion the signature / date / inscription is by a hand other than that of the
artist.

The addition of a question mark (?) indicates an element of doubt.

Prints:
The measurements of prints are taken, where possible, from the platemark (P); otherwise they record the size of the subject (S), or the image of the subject (I).

In other categories the use of the word "style" indicates that, in our opinion, the item(s) is(are) in the style stated but of a later date.

Payment:

Payments may be made by cash, banker's draft, debit card, credit card (a 2% surcharge will be made for credit card and international debit card payments), or cheque supported by a valid cheque guarantee card and provided that the amount does not exceed the limit stated on that card. Cheques in excess of their guaranteed limit will only be accepted if prior arrangement has been made with the auctioneers. A small bankers charge may be made for electronic transfers to our bank.   Please note - credit card payments will only be accepted in person. 
 
Clearing:

No lot may be removed from the salerooms before full payment has been received and a receipted invoice shown.

All lots must be cleared not later than 13.00 hours on the third working day following the sale unless prior arrangement has been made with the auctioneers.

Delivery:

We do not ourselves send items but recommend Mailboxes for small items and Martin Bros. for furniture & larger items - both charge competitive rates. Early bookings are advised. Buyers are reminded that the onus is on them for the prompt removal of purchases from the salerooms.