Thomas Del Mar Ltd is happy to provide a list of recommended fine art shippers and couriers upon request. Buyers are reminded that it is their responsibility to comply with UK export regulations and with any local import requirements.The display mounts used in the catalogue and sale exhibition, including armour stands and mannequins, may be made available to the successful buyer of the relevant lot. Please contact us for prices and further details.
All lots are offered subject to Thomas Del Mar Ltd.’s Conditions of Business and to reserves. The Conditions of Business for Buyers are published at the end of the catalogue.
Estimates are published as a guide only and are subject to review. The actual hammer price of a lot may well be higher or lower than the range of figures given and there are no fixed “starting prices”.
A Buyer’s Premium of 24% is applicable to all lots in this sale. Excepting lots sold under Temporary Import rules which are marked with the symbol ‡ (see below), the Buyer’s Premium is subject to VAT at the standard rate (currently 20%). Lots offered for sale under the auctioneer’s margin scheme and VAT on the Buyer’s Premium is payable by all buyers. Lots marked with the symbol ‡ have been imported from outside the European Union (EU) to be sold at auction under Temporary Import Rules. When released to buyers within the EU, including the UK, the buyer will become the importer and must pay VAT at the rate of 5% on the hammer price. The Buyer’s premium will be subject to the standard VAT rate at 20%. Buyers outside the EU will normally be eligible to obtain a refund in respect of VAT, upon satisfactory documentary evidence of exportation. Further information on this matter is available on request.
Thomas Del Mar Ltd will be pleased to execute bids on behalf of those clients unable to attend the sale in person, subject to our Conditions of Business. All bids must be submitted in writing in good time before the sale. This service is offered free of charge. Please note that telephone bids must include a cover/commission bid of an amount at least equivalent to the low estimate.
Please note that auction enquiries will be answered as quickly as possible, but there may be some delay between enquiry and response due to high levels of enquiries. It is strongly recommended that prospective purchasers view the exhibition at 25 Blythe Road before submitting any bid(s). Please note that all lots in this sale are sold as viewed and that all purchases at this auction are non-refundable. All lots are sold not subject to return.
Buyers are asked to arrange their own collection and delivery for their purchases at this auction. The relevant contact details for recommended courier services and art shippers can be supplied by Thomas Del Mar Ltd upon request. Buyers are reminded that it is their responsibility to comply with UK export regulations and with any local import requirements.
Payment is due in sterling at the conclusion of the sale and before purchases can be released. Please note that we require seven days to clear sterling cheques unless special arrangements have been made in advance of the sale. Please note that credit cards and international debit cards are not valid forms of payment for purchases from this sale. There is no charge for payments made by UK registered debit card. Cash and card payments above £6,000 and “card holder not present” payments above £2,000 will not be accepted without prior arrangement.
Electronic transfers may be sent directly to our Bank:
HSBC Bank Plc
38 High Street
IBAN No.: GB18HBUK40190481632140
Sort Code: 40-19-04
Account No: 81632140
Account Name.: Thomas Del Mar Ltd
On receipt of cleared funds, lots can be collected from Thomas Del Mar Ltd.’s premises at 25 Blythe Road, London, W14 0PD. Please note that collection is BY APPOINTMENT on +44 (0) 207 602 4805. All lots should be cleared within two weeks of the auction date, after which they will be transferred to a third party for storage. A transfer fee of £10 per lot plus all incurred transfer and storage costs due to the third party will be payable prior to release.
(a) The contractual relationship of Thomas Del Mar Ltd. and Sellers with prospective Buyers is governed by:-
(i) these Conditions of Business for Buyers;
(ii) the Conditions of Business for Sellers displayed in the saleroom and available from Thomas Del Mar Ltd.;
(iii) Thomas Del Mar Ltd.’s Authenticity Guarantee;
(iv) any additional notices and terms printed in the sale catalogue, in each case as amended by any saleroom notice or auctioneer's announcement.
(b) As auctioneer, Thomas Del Mar Ltd. acts as agent for the Seller. Occasionally, Thomas Del Mar Ltd. may own or have a financial interest in a lot.
"Bidder" is any person making, attempting or considering making a bid, including Buyers;
"Buyer" is the person who makes the highest bid or offer accepted by the auctioneer, including a Buyer’s principal when bidding as agent;
"Seller" is the person offering a lot for sale, including their agent, or executors;
“TDM” means Thomas Del Mar Ltd., Auctioneers, 25 Blythe Road, London, W14 0PD, company number 5368339.
"Buyer’s Expenses" are any costs or expenses due to Thomas Del Mar Ltd. from the Buyer;
"Buyer’s Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Guide for Prospective Buyers;
"Hammer Price" is the highest bid for the Property accepted by the auctioneer at the auction or the post auction sale price;
"Purchase Price" is the Hammer Price plus applicable Buyer’s Premium and Buyer’s Expenses;
"Reserve Price" (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot.
The Buyer’s Premium, Buyer’s Expenses and Hammer Price are subject to VAT, where applicable.
3. Examination of Lots
(a) TDM’s knowledge of lots is partly dependent on information provided by the Seller and TDM is unable to exercise exhaustive due diligence on each lot. Each lot is available for examination before sale. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions.
(b) All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of TDM’s opinion and not representations of fact. Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at TDM’s absolute discretion.
4. Exclusions and limitations of liability to Buyers
(a) TDM shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of TDM’s Authenticity Guarantee.
(b) Subject to Condition 4(a), neither TDM nor the Seller:-
(i) is liable for any errors or omissions in any oral or written information provided to Bidders by TDM, whether negligent or otherwise;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;
(iii) accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by TDM in connection with the conduct of auctions or for any matter relating to the sale of any lot.
(c) Without prejudice to Condition 4(b), any claim against TDM and/or the Seller by a Bidder is limited to the Purchase Price for the relevant lot. Neither TDM nor the Seller shall be liable for any indirect or consequential losses.
(d) Nothing in Condition 4 shall exclude or limit the liability of TDM or the Seller for death or personal injury caused by the negligent acts or omissions of TDM or the Seller.
5. Bidding at Auction
(a) TDM has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and supply such information and references as TDM requires. Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case TDM’s prior and express consent must be obtained).
(b) TDM advises Bidders to attend the auction, but TDM will endeavour to execute absentee written bids provided that they are, in TDM’s opinion, received in sufficient time and in legible form.
(c) When available, written and telephone bidding is offered as a free service at the Bidder’s risk and subject to TDM’s other commitments; TDM is therefore not liable for failure to execute such bids. Telephone bidding may be recorded.
6. Import, Export and Copyright Restrictions
TDM and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer's sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licences required under the Convention on the International Trade in Endangered Species (CITES).
7. Conduct of the Auction
(a) The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary.
(b) The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller’s behalf up to the Reserve Price for the lot, where applicable.
(c) Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer.
(d) Any post-auction sale of lots shall incorporate these Conditions of Business.
8. Payment and Collection
(a) Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the "Payment Date").
(b) Title in a lot will not pass to the Buyer until TDM has received the Purchase Price in cleared funds. TDM will generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the Buyer's obligation to pay the Purchase Price, as above.
(c) The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer’s obligation to pay for the lot, as per Condition 8(a).
(d) The Buyer must arrange collection of lots within 10 working days of the auction. Purchased lots are at the Buyer's risk from the earlier of (i) collection or (ii) 10 working days after the auction. Until risk passes, TDM will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer. TDM’s assumption of risk is subject to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers.
(e) All packing and handling of lots is at the Buyer's risk. TDM will not be liable for any acts or omissions of third party packers or shippers.
9. Remedies for non-payment
Without prejudice to any rights that the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, TDM may in its sole discretion exercise 1 or more of the following remedies:-
(a) store the lot at its premises or elsewhere at the Buyer’s sole risk and expense;
(b) cancel the sale of the lot;
(c) set off any amounts owed to the Buyer by TDM against any amounts owed to TDM by the Buyer for the lot;
(d) reject future bids from the Buyer;
(e) charge interest at 4% per annum above HSBC Bank plc Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;
(f) re-sell the lot by auction or privately, with estimates and reserves at TDM’s discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;
(g) Exercise a lien over any Buyer’s Property in TDM’s possession, applying the sale proceeds to any amounts owed by the Buyer to TDM. TDM shall give the Buyer 14 days' written notice before exercising such lien;
(h) commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;
(i) disclose the Buyer’s details to the Seller to enable the Seller to commence legal proceedings
10. Failure to collect purchases
(a) If the Buyer pays the Purchase Price but does not collect the lot within 20 working days of the auction, the lot will be stored at the Buyer's expense and risk at TDM’s premises or in independent storage .
(b) If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, TDM will re-sell the lot by auction or privately, with estimates and reserves at TDM’s discretion. The sale proceeds, less all TDM’s costs, will be forfeited unless collected by the Buyer within 2 years of the original auction.
11. Data Protection
(a) TDM will use information supplied by Bidders or otherwise obtained lawfully by TDM for the provision of auction related services, client administration, marketing and as otherwise required by law.
(b) By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 11(a) and to Sellers as per Condition 9(i).
(a) All images of lots, catalogue descriptions and all other materials produced by TDM are the copyright of TDM.
(b) These Conditions of Business are not assignable by any Buyer without TDM’s prior written consent, but are binding on Bidders' successors, assigns and representatives.
(c) The materials listed in Condition 1(a) set out the entire agreement between the parties.
(d) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.
(e) These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of TDM.
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