Condition Reports and indications of condition are not included in the catalogue, but we are very happy to give condition reports and provide additional images and information during the week preceding the sale. Please email us for assistance.
Smiths Buyers Premium is 24% Inclusive of VAT. 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
Open For Viewing Two Days Prior to the Auction 10am-5pm and on Saledays 9am-10am
Postage and Collection - We offer a very reasonably priced packing and postage service for most small items in the sale. We do not post very large, awkward or fragile items such as paintings (unless very small) or clocks. All items are sent at the buyers expense and risk. For silver, gold or jewellery items we require payment by bank transfer unless the invoice is less than £200. Purchases can be collected from the saleroom on the Saturday morning after the sale 10am-12noon and Monday to Thursday 10am-5pm during the week following the sale. All items must be cleared by 5pm on the Thursday or they will be disposed of at the buyers expense.
Money Laundering - where a work of art falls subject to money laundering legislation Smiths will require the purchaser to provide satisfactory identification. These checks apply to works of arts sold over £6500 including BP.
CONDITIONS OF SALE
1. There will be a Buyers Premium of 24% inclusive of VAT which will be charged in addition to the hammer price on all lots sold. Plus an online bidding fee of 4.95% plus VAT
2. Smiths Auctions act as agents and are known the ‘Auctioneers’, the persons instructing Smiths to sell goods are herein known as ‘Vendors’ and the persons who have acquired lots offered for sale are known as ‘Purchasers’
3. Care is taken to ensure that any statement as to authorship, attributions, date, age, provenance and condition is reliable and accurate but all such statements are statements of opinion and are not to be taken as statements or presentations of fact. The auctioneers disclaim any liability for themselves or the Vendor for any errors of description.
4. The highest bidder shall be the buyer, subject to any reserves. If any dispute arises the Auctioneer shall have absolute discretion to settle it or to put any disputed lot up again. The auctioneers decision is absolute and final.
5. The auctioneer has the absolute right to divide and join lots, he may refuse any bid, withdraw lots from sale and advance the bidding as he may decide. The auctioneer may bid on behalf of the Vendor where there is a reserve or at their discretion.
6. All lots are sold as seen with all faults and imperfections. A full condition report is recomended - please contact us prior to the sale day by email or telephone. Neither the auctioneers nor the vendor are liable for any faults or defects . Each bidder must satisfy themselves by enquiry as to the condition and description of the lot including any damage, repairs or restoration. No warranty whatever is given by the Auctioneers or Vendor to any buyer in respect of any lot. Where a condition fault is noted in the catalogue it does not necessarily indicate that that it is the only damage. The abbreviation a/f indicates a lot is damaged.
7. Before bidding all Purchasers must register with their full name, address, telephone number and email. Bidding by telephone and commission directly with the auctioneers will be accepted.
8. Acting as agents the Auctioneers shall not be responsible for default on the
part of the Purchaser. Any resulting loss together with interests, costs and expenses shall be made good by the defaulter and shall be recoverable as damages. This does not affect the right of the Auctioneer to enforce the contract of sale if they see fit.
9. In bidding the Purchaser acknowledges that he has satisfied himself with the Conditions of Sale and the description and condition of lots and agrees to be bound by them.
10. Lots are sold subject to any amendments, declarations, announcements or alterations to the description which can be made at any time by the Auctioneer prior to the invitation of bids.
11. On the fall of the hammer the lot shall become and remain in every respect the responsibility of the Purchaser and be held at their risk. This risk includes burglary, fire, theft and breakage. Please see clause 21 regarding postage of lots. All lots must be paid for in full and collected from the saleroom within seven days of the sale. Items for postage by Smiths must be paid for promptly and will be posted out as soon as possible by Smiths but at the buyers expense and risk. In default of this the auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed. All lots not removed within this period shall be at the sole risk of the buyer and subject to a storage charge.
12. The Purchaser will be liable for any losses or charges as a result of non compliance with any of the conditions of sale.
13. The Auctioneer or the Vendor is not liable for any losses incurred due to the withdrawl of any lots or the cancelation or postponement of a sale.
14. Notwithstanding any other terms in these conditions of sale if a purchaser gives notice in writing to the auctioneer within seven days of the sale date that an item is a deliberate forgery and returns the lot to the auctioneers in the same condition as it was at the time of sale then the auctioneers are authorised to rescind the contract and refund the buyer the purchase price. This will not apply if the description indicates that there was any conflict of opinion or the auctioneers opinion is in general accordance with the general opinion of experts. The burden of proof lies with the purchaser who must produce evidence that the lot is a forgery.
15. Payment can be made by debit card or credit card via your invoice, by bank transfer or by cash or card at the saleroom. The purchaser will be asked to pay by bank transfer for gold, silver, high value items or larger invoices. No goods will be passed to any purchaser until the auctioneer is satisfied that full payment has been received. Items cannot be paid for by card over the telephone.
16. The Auctioneers will be pleased to execute commission bids on behalf of those unable to attend the sale. The lot will be purchased for the lowest bid possible subject to reserves and other bidding. The Auctioneers can accept no responsibility if bids are not executed for whatever reason. A deposit may be requested on the placing of a commission bid at the auctioneers discretion.
17. Every person whilst on the premise before, during or after the Sale shall be deemed to be there at their own risk, and no person shall make or have any claim against the Vendor or the Auctioneer in respect of any injury he may sustain, or accident which may happen.
18. Every person whilst on the premises will be held responsible for any damages they cause to the premises or to any Lots at any and all times. Persons handling lots do so at their own risk and shall be liable for any loss or damage. The estimate of the cost or loss is to be made by the auctioneer whose decision is final.
19. Every bidder will be deemed to act as principal unless there is a written agreement with the Auctioneers in force prior to the Auction that the bidder acts as agents on behalf of a named principal.
20. Where a picture falls subject to the Droit de Suite legislation the artist’s levy is to be paid by the Purchaser in addition to the sale price and auctioneers commission.
21. Postage of items. For items which are packed and posted or sent by courier the auctioneers cannot be held liable in any way if the items are lost, damaged or stolen. All items posted or sent by courier are done so at the sole risk and expense of the buyer. Most items to be posted will be sent out by the following Friday after the sale. Items waiting for postage and packing arrangements to be made will not be charged storage unless the buyer delays in making payment when requested.
22. Where an item falls under the Money Laundering regulations full compliance must be made with regard to provision of identification to satisfy the auctioneers and legal requirements before an item can be released to the buyer.
23. Money Laundering - where a work of art falls subject to money laundering legislation Smiths will require the purchaser to provide satisfactory identification. These checks apply to works of arts sold over £6500 including BP.
24. Online Bidding
Smiths of Newent offer an online bidding service via the-saleroom.com
In completing the bidder registration on www.the-saleroom.com and providing your credit or debit card details and unless alternative arrangements are agreed with Smiths of Newent you:
1. authorise Smiths of Newent, if they so wish, to charge the credit card or debit given in part or full payment, including all fees, for items successfully purchased in the auction via www.the-saleroom.com and
2. confirm that you are authorised to provide these credit card or debit card details to Smiths of Newent through www.the-saleroom.com and agree that Smiths of Newent 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 4.95% commission charge + VAT at the rate imposed on the hammer price.This is in addition to the usual 24% inclusive of VAT buyers premium.