CONDITIONS OF SALE FOR BUYERS

1.             The Auctioneer acting as an Agent.

As auctioneers, we act as an agent on behalf of the vendor/seller. Unless otherwise agreed, sales of goods at our auctions result in contracts made by the vendor, through us as agents, with the buyer. We sell on behalf of the vendor whose identity, for reasons of confidentiality, is not disclosed without consent

2.             The Buyer.

(a)            Bidding is made using a paddle number. Prospective bidders must complete and sign a registration form, or an absentee bid form or telephone bid form should they be unable to attend the sale and provide identification if required before making a bid at auction. Any person who, nonetheless, makes a bid at a sale will be deemed to have accepted and agreed these Conditions, and the terms of any Notices and other conditions in the catalogue, whether or not they have delivered a completed Registration form.

(b)                 Items sold at auction have age, of varying degree, accordingly the condition is never perfect and lots are sold on an ‘as found’ basis, subject to all faults and imperfections which are not specified in the catalogue description. The catalogue description is for guidance only and does not imply an item is free from defects. Prospective buyers are strongly advised to inspect any goods in which they are interested in person to statisfy themselves of the condition of the lot before the auction takes place. The Stamford Auction Rooms do provide condition reports, but these are a personal opinion and only given as a guide to the buyer. We provide no guarantee to the buyer other than in relation to forgeries.

 (c)           The buyer shall be the highest bidder acceptable to the Auctioneer and the Auctioneer shall have absolute discretion to settle any dispute.

(d)           The Stamford Auction Rooms reserve the right at their absolute discretion to refuse a prospective bidder or admission to their premises or attendance at their sales, without giving any reason therefore.

3.             Catalogue Descriptions.

(a)                  The Stamford Auction Rooms takes great care when providing descriptions for lots in the sale, however, any statement as to authorship, attribution, origin, date, age, size, medium, weight, provenance, condition or estimated selling price is a statement of opinion of the seller or of The Stamford Auction Rooms and is not to be taken as a statement or representation of fact.

(b)           The photographs of lots are for a guide to the buyer only, and should not be relied on to determine the tone or colour of any item or to reveal imperfections. Descriptions as to the condition of any lot, are not provided within the catalogues.

(c)                  Buyers are responsible for satisfying themselves concerning each and every aspect of the lot, including the condition, authorship, attribution, provenance, authenticity, age, suitability and origin, and matters referred to in the catalogue description prior to bidding at the auction.

4.             Absentee Bidding.

(a)                  Commission Bids.

(i)            Bidders unknown to The Stamford Auction Rooms will be required to provide identification, e.g. photocard driving licence or passport. Without these details we may not accept the bid. Card details will be taken upon the buyer placing bids.

(ii)           If bids are successful, buyers accept that The Stamford Auction Rooms will charge the card  provided for the total amount after seven working days of the sale should we not be advised by the buyer to pay by another card or alternate method of payment.

(iii)          Card details will be kept secure, in compliance with the Data Protection Act 1998, and will not be kept for any longer than is necessary.

(b)           If we receive commission bids on a particular lot for identical amounts, and at auction these are the highest bids for the lot, it will be sold to the person whose bid was received first. Prospective buyers should therefore always attend personally if they wish to be certain of bidding. Failure to sign the bid form may result in the bids not being processed.

(c)            All bids made by The Stamford Auction Rooms on behalf of the prospective buyer will be made at the lowest level possible subject to reserves and other bids made for the lot.

                By Post: Absentee bidder forms can be posted to The Stamford Auction Rooms on the forms provided and must be signed by the bidder. These will be subject to the same conditions as Absentee bids.

                Telephone Bids: If prospective buyers for a lot make arrangements with us not less than two clear days before the sale, we shall use reasonable efforts to contact the bidders to enable them to participate in the bidding by telephone as the sale takes place, but in no circumstances will we be liable to either the seller or any prospective buyer as the result of failure to do so. The Stamford Auction Rooms recommend that a covering absentee bid is also left in case of communication problems.

ONLINE BIDDING

                The Stamford Auction Rooms offers an online bidding service via the-saleroom.com for bidders who cannot attend the sale.

                In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with ’The Stamford Auction Rooms’ :

1.                 authorise ’The Stamford Auction Rooms’ , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and

2.                 confirm that you are authorised to provide these credit card details to ’ The Stamford Auction Rooms’ through www.the-saleroom.com and agree that ‘The Stamford Auction Rooms’ 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 3% commission charge + VAT at the rate imposed on the hammer price

5.             Conduct of the Sale and the Auctioneers discretion:

(a)            The auctioneer has the right to advance the bidding at his absolute discretion and reject any bid, divide any lot, combine any two or more lots, withdraw any lots from the sale, vary the order in which lots are offered for sale and, in the case of error or dispute, put a lot up for bidding again, without in any case giving previous notice or any reason therefore.

(b)           Subject to the auctioneer’s discretion, the fall of the hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the seller and the buyer.

6.             Responsibility for Purchased Lots:

(a)            At the fall of the hammer, risk in the lot sold shall pass to the buyer, and none to the seller, The Stamford Auction Rooms, their servants or agents.

(b)           At the fall of the hammer the buyer shall be responsible for any loss, omission or damage whether caused by negligence or otherwise.

(c)            Ownership in the lot shall not pass to the buyer unless and until payment of the total amount owed has been received by The Stamford Auction Rooms. A cheque given by the buyer in payment shall not be treated as a receipt until the same has been cleared.

(d)                 Any packing and handling of purchased lots by the Auctioneers staff is undertaken solely as a service to buyers and will only be undertaken at the buyer’s sole risk. The Auctioneers shall not be liable in any event for damage to glass, mirrors or frames, irrespective of cause.

(e)                  Buyers are advised to obtain insurance in respect of a lot, and to arrange for collection, as soon as possible after the sale.

7.        Buyer’s Premium:

(a)                  For Antiques & General Sales: In addition to the hammer price, a buyer’s premium of 18% of the hammer price, is payable by the buyer, subject to a minimum commission of £5.

(b)                 Live Internet Bidding: additional buyer’s premium for lots purchased via www.the-saleroom.com.

All lots purchased online (live bidding) via www.the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price. Internet bidders will therefore be charged a total buyer’s premium of 21% In completing the bidder registration on www.the-saleroom.com and providing payment card details and unless alternative arrangements are agreed with The Stamford Auction Rooms the prospective bidder:

(i)            authorises The Stamford Auction Rooms, if they so wish, to charge the payment card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com and

(ii)           confirms that they are authorised to provide these payment card details to The Stamford Auction Rooms through this site and agree that The Stamford Auction Rooms is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.

8.             Payment.

(a)            Upon sale of the lot the buyer shall pay the total amount due (comprising the hammer price, the buyer’s premium, any applicable value added tax and any other applicable charges) to The Stamford Auction Rooms within seven working days following the conclusion of the sale.

(b)           Upon making such payment, and said payment having cleared, the buyer shall remove the lot purchased from The Stamford Auction Rooms premises at his/her own expense within seven working days after the sale.

(c)            No lot purchased shall be removed while the sale is in progress unless at The Stamford Auction Rooms express discretion. Purchases will only be released when payments have cleared. Unless we specifically agree to the contrary, The Stamford Auction Rooms shall retain items sold until all amounts due to us have been paid in full.

(e)            If the buyer fails to pay for any lot or lots bought by him/her, The Stamford Auction Rooms may be offered again for resale.

(f)            All payments by bank transfer must be made in pounds sterling.

(g)           Payments by credit card will be subject to a 3% surcharge of the total amount payable. There is no surcharge for UK debit card payments. Non UK debit cards are subject to a 3% surcharge.

9.             Remedies for Non-payment or Failure to Collect Purchases.

(a)            All purchases must be paid for and collected within seven working days of the sale.

(b)           If no payment is received within seven days, the lot shall be re-entered on behalf of the buyer into the next suitable sale and shall be sold with no reserve. If this results in a lower price being obtained, The Stamford Auction Rooms shall claim the balance from the buyer together with any costs incurred in connection to the buyer’s failure to make payment.

(c)            If payment is not received within seven days, The Stamford Auction Rooms as agents for the seller shall also be entitled at its absolute discretion and without prejudice to any other rights or remedies:

(i)            to proceed against the buyer for damages for breach of contract;

(ii)           to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;

(iii)          without notice to the defaulting buyer at any time to resell the lot or cause it to be resold by public auction or private sale and, if this results in a lower price being obtained, claim the balance from the Buyer together with any costs incurred in connection with the buyer’s failure to make payment;

(iv)          to remove, store and insure the lot at the expense of the defaulting buyer;

(v)           to charge interest at the rate of 2% above the Bank of England Base Rate per month on the total amount due to the extent it remains unpaid for more than five working days after the conclusion of the sale. Such interest will run as well as after as before judgement becoming due and payable forthwith upon demand;

(vi)          to retain that or any other lot sold to the same buyer at the same or any other auction and release it only after the payment of the total amount due;

(vii)         to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtain a deposit before accepting any bids in future;

(viii)        to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in The Stamford Auction Rooms possession for any purpose.

(d)           Storage Charges:

(i)            Any items not collected after seven working days following the sale, whether or not payment has been made, will be subject to a storage charge at the buyer’s expense of £1 per lot per day for small items and £15 per lot per day for larger items and furniture until collected by the buyer (up to a MAXIMUM of 14 days storage.) The Stamford Auction Rooms will only release the items purchased after payment has been made in full of storage, removal, insurance and any other costs incurred, together with all other amounts due to us.

(ii)           If the items remain uncollected after 14 days, the lot(s) shall be re-entered on behalf of the buyer into the next suitable sale and shall be sold with no reserve. If this results in a lower price being obtained, The Stamford Auction Rooms shall claim the balance from the buyer together with any costs incurred in connection to the buyer’s failure to make payment.

10.           Representations and Statements.

Neither the seller nor we, nor any of our employees or agents, are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any lot, nor for any other errors of description or for any faults in any lot. These are statements of opinion only and not fact. The Stamford Auction Rooms are not liable for any omissions in the catalogue. Any warranty of any kind whatsoever is excluded by this clause. All lots are sold with all faults and imperfections and errors of description. Buyers should satisfy themselves as to the condition of any lot before bidding for it.

11.           Refund in the Case of Forgeries.

A sale will be cancelled and the amount paid refunded to the buyer if a lot sold by us proves to have been a forgery. We shall not however be obliged to refund any amounts if either (a) the catalogue description at the auction date corresponded to the generally accepted opinion of scholars or experts at that time, or fairly indicated that there was a conflict of opinions; or (b) it can be demonstrated that the lot is a Forgery only by means of either a scientific process not generally accepted for use until after the publication of the catalogue or a process which at the date of the auction was unreasonably expensive or impracticable or likely to have caused damage to the lot.

Furthermore, the Buyer should note that this refund can only be obtained if the following conditions are met;

(a)            within 28 days of the sale of the lot the buyer gives notice to The Stamford Auction Rooms in writing that the lot purchased by him/her through The Stamford Auction Rooms is a forgery (as herein defined);

(b)           the buyer returns the lot to The Stamford Auction Rooms in the same condition as it was at the time of the auction accompanied by written proof of forgery, the number of the lot, and the date of the auction at which it was purchased; and

(c)            the buyer proves to The Stamford Auction Rooms’ reasonable satisfaction that the lot is a forgery and that he/she is able to transfer a good title thereto free from any liens, charges or encumbrances; and

(d)           the buyer demonstrates to The Stamford Auction Rooms’ reasonable satisfaction that the lot alleged by him to be a forgery is the lot actually purchased by him/her through The Stamford Auction Rooms.

In no circumstances shall we be required to pay the buyer any more than the amount paid by him/her for the lot concerned and the buyer shall have no claim for interest. The benefit of this condition is not capable of being transferred, and is solely for the benefit of the person to whom the original invoice was made out by us in respect of the lot when sold and who, since the sale, has remained owner of the lot without disposing of any interest in it to any third party. The Stamford Auction Rooms shall be entitled to rely on any scientific or other process to establish that the lot is not a Forgery, whether or not such a process was used or in use at the date of the auction.

12.           Refunds.

The Stamford Auction Rooms agree to refund the hammer price and the buyer’s premium to the buyer on the buyer claiming that the seller did not have the right to sell subject to the following conditions;

the buyer was acting in good faith; and

(a)            The Stamford Auction Rooms’ insurers agree to the payment under the terms of The Stamford Auction Rooms’ insurance; and

(b)           The buyer makes claim in writing against The Stamford Auction Rooms within 1 year of the sale and either;

(i)            The Stamford Auction Rooms has been prevented from giving possession of the lot to the buyer or the buyer has given up possession of the lot in either case by virtue of a Court Order (including Interlocutory Order) of a court of England and Wales made at the instance of any third party claiming to be the true owner; or

(ii)           the buyer has given up possession of the lot to the police in connection with any investigation into the theft of the lot; and

(iii)          if The Stamford Auction Rooms refund the hammer price under this clause then should it transpire the buyer obtained title at auction, title vests in The Stamford Auction Rooms.

Any claim by a buyer against The Stamford Auction Rooms whether under any of these conditions or otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot and shall not extend to any consequential or other loss or damage or expense suffered by the buyer.

13.           Estimates.

The Stamford Auction Rooms makes no representations or warranties as to the anticipated selling price of any item or property. No estimates anywhere made by The Stamford Auction Rooms, its servants or agents, whether in writing or orally, may be relied upon as a prediction of the actual selling price. Estimates in catalogues, receipts and elsewhere are subject to revision by The Stamford Auction Rooms from time to time in the exercise of its sole discretion.

14.           Electrical and Mechanical Goods.

Lots which were originally operated by mains electricity may not comply with the current statutory requirements and as such are offered for sale solely for display or historical purposes. Buyers should not assume that they are suitable for connection to the mains supply. The buyer acknowledges that The Stamford Auction Rooms has not tested electrical or mechanical goods and that the buyer is solely responsible for ensuring that such goods are tested by a qualified electrician before using them. 

15.           Export / Trade Restrictions.

It is the buyer’s responsibility to ensure that they comply with all export regulations relating to purchases. The Stamford Auction Rooms retains the right to refuse to sell an item should it fall into a restricted category, or may advise a seller to obtain a CITES certificate prior to sale.

16. The Artist's Resale Right regulations 2006 - Droit de Suite: Fully implemented as of 1^st January 2012.

It is our policy to charge the buyer an additional premium to cover our expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. Please note that from 1 January 2012, the Artist's Resale Right will be fully implemented in the UK. The full implementation will mean that a resale royalty will be due for works by deceased artists who are still in copyright. 

(i)                   Some works sold by The Stamford Auction Rooms will be subject to Droit de Suite (Resale Royalty). This is a royalty payable to a qualifying artist each time a work is re-sold during the artist's lifetime or to the artist’s estate or beneficiaries if sold within 70 years of the artist’s death. It only applies to work by artists who are nationals of certain countries including the Russian Federation, and EU and EEA members (but not Ukraine) (a full list can be found on the DACS website www.dacs.org.uk )

(ii)           Buyers will be charged an amount equal to this resale royalty where it applies. For eligible lots which sell for a hammer price (together with buyer’s premium but excluding any VAT) of 1,000 Euros or greater, the additional premium will be payable to us by the buyer to cover our expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. The additional premium will be a percentage of the amount of the hammer price (plus buyer’s premium) calculated in accordance with the table below, and shall not exceed 12,500 Euros.

(iii)               These resale royalties are not subject to VAT and do not apply when the hammer price is less than 1,000 Euros. Invoices are normally issued in Pounds Sterling, with the resale royalty calculated on the basis of the European Central Bank reference rate on the date of the sale.

(iv)                Droit de Suite Scale - Charge Portion of the Hammer Price (in Euros)

                Up to 50,000                                            4%

                50,000.01 - 200,000                  3%

                200,000.01 - 350,000                1%

                350,000.01 - 500,000                0.5%

                Exceeding 500,000                    0.25%

                To a maximum of €12,500

17:           Data Protection.

For the purposes of the Data Protection Act 1998 the data controller is The Stamford Auction Rooms The Saleroom, Unit 3 Station Road Ind. Estate, Little Bytham, Nr Stamford, NG33 4QR. The Stamford Auction Rooms will not disclose clients’ personal data to any third party outside our group for the purposes of direct marketing.