Lot

278

A FINE SILVER-GILT-MOUNTED SWORD PRESENTED TO LIEUTENANT COLONEL STEPHEN ARTHUR GOODMAN OF THE

In Thomas Del Mar Ltd - Antique Arms, Armour & Mi...

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A FINE SILVER-GILT-MOUNTED SWORD PRESENTED TO LIEUTENANT COLONEL STEPHEN ARTHUR GOODMAN OF THE GEORGETOWN BRIGADE OF MILITIA BY THE INHABITANTS OF GEORGETOWN AND ITS VICINITY FOLLOWING THE INSURRECTION IN DEMERARA, 18TH AUGUST 1823, BY PROSSER, MANUFACTURER TO THE KING, NO. 9 CHARING CROSS, LONDON, 1824
of General Officer's pattern, with curved blade formed with a hatchet point, etched with 'GR IV' crowned, palmette, the owner's crest, an eagle displayed, between palm trees, a trophy-of-arms, the Royal Warrant and the maker's details on one face and with presentation inscription enclosed by pineapples above a trophy-of-arms on the other (very small areas of light pitting), silver-gilt hilt cast and chased in low relief, including quillon decorated with an expanded flowerhead, guard incorporating a pineapple on an enamelled ground on the outside, integral grip formed of a band of conventional foliage at the base, the winged figure of Victory enclosed by fronds on an enamelled ground on the outside and the owner's crest on an enamelled ground en suite on the inside, and the pommel formed as a finely detailed eagle's head, in its wooden scabbard (the covering expertly replaced), with large silver-gilt mounts comprising locket, chape and middle band, all decorated with neo-gothic foliage, the latter two each set with a pineapple on an enamelled ground en suite with the hilt, the locket signed by the maker around the mouth, with two foliate rings for suspension, and the silver parts struck throughout with the maker's mark of John Prosser
79.0 cm; 31 1/8 in blade
The presentation inscription reads:
"A TOKEN OF GRATITUDE. PRESENTED TO LIEUT. COL. S. A. GOODMAN. COMMANDING THE GEORGETOWN BRIGADE OF DEMERARY MILITIA BY THE INHABITANTS OF GEORGETOWN & IT'S VICINITY FOR HIS UNWEARIED EXERTIONS IN THE PUBLIC SERVICE, AT & AFTER THE BREAKING OUT OF YE INSURRECTION ON THE 18TH OF AUGUST 1823 AND THEY BEG THE LIEUT. COLONEL TO BE ASSURED THAT THIS SMALL TESTIMONY OF THEIR REGARD IS ACCOMPANIED WITH THEIR SINCEREST WISHES THAT HE MAY ENJOY LONG LIFE, HAPPINESS AND INCREASED HONORS."
Stephen Arthur Goodman entered the army in October 1794 as ensign of the 48th foot, in which he became lieutenant in 1795 and captain in 1803. He served with the 48th in Minorca, with the force sent to Leghorn in 1800 under Lieutenant-General Sir Charles Stuart to co-operate with the Austrians, and at the capture of Malta. He accompanied the 48th to the Peninsula in 1809, and commanded the light companies of Stewart's brigade of Hill's division at the battle of Talavera. In 1810 he was appointed deputy judge-advocate, with the rank of assistant adjutant-general in Wellington's army. He was present at the capture of Badajoz, and was placed in charge of the French governor Phillipon, whom he was ordered to take to Elvas. At the capture of Madrid and at the siege of Burgos, and in the subsequent retreat, Goodman acted for the adjutant-general of the army (Waters), absent through illness. In 1814 Goodman was appointed deputy judge-advocate of the troops proceeding to America, but exchanged to a similar post in the British force left in the Netherlands under the Prince of Orange. He was deputy judge-advocate of Wellington's army in the Waterloo campaign and at the occupation of Paris. His supersession was dictated by the duke's belief in the need for a lawyer at the head of the department. Goodman retired on half pay of his regimental rank at the peace, attaining major-general's rank in 1842, and was made KH in 1836. In 1819 Goodman was appointed colonial secretary of Berbice, to which in 1821 was added the then lucrative appointment of vendue-master in Berbice and Essequibo (later British Guiana). His colonial services extended over twenty-four years, during which he was in charge of the government of the colony from May 1835 to October 1836. During the insurrection of 1823 he was deputed by Governor Murray to organize a militia, and held the office of major-general and inspector-general of militia in the colony up to his death. He died in British Guiana on 2 January 1844, leaving a widow and eleven children. Taken from the Oxford Dictionary of National Biography.
The Demerara rebellion of 1823 involved in excess of ten thousand slaves and lasted for two days. The cause of the rebellion had its roots in the decline of sugar prices in the second decade of the 19th century and the increased pressure on the enslaved people under the British. What started as a largely non violent rebellion was brutally crushed with estimates ranging between one hundred to two hundred and fifty lives being lost by the slaves. After the insurrection was put down a further forty five men were sentenced and twenty seven executed. John Smith, a young British protestant minister, was blamed for the slave revolt and arrested and sentenced to death. He was later pardoned by the King but by the time the message reached Demerara, he had died from pneumonia. His death created a great deal of anger in Britain and he was praised in newspapers and hundreds of petitions were sent to parliament.
For a discussion of John Prosser's work, and another example of General Officer's pattern made by him and presented by King William IV to Field Marshall the Duke of Wellington in 1831, see Southwick 2001, pp. 199-200 and colour plate 28.
A FINE SILVER-GILT-MOUNTED SWORD PRESENTED TO LIEUTENANT COLONEL STEPHEN ARTHUR GOODMAN OF THE GEORGETOWN BRIGADE OF MILITIA BY THE INHABITANTS OF GEORGETOWN AND ITS VICINITY FOLLOWING THE INSURRECTION IN DEMERARA, 18TH AUGUST 1823, BY PROSSER, MANUFACTURER TO THE KING, NO. 9 CHARING CROSS, LONDON, 1824
of General Officer's pattern, with curved blade formed with a hatchet point, etched with 'GR IV' crowned, palmette, the owner's crest, an eagle displayed, between palm trees, a trophy-of-arms, the Royal Warrant and the maker's details on one face and with presentation inscription enclosed by pineapples above a trophy-of-arms on the other (very small areas of light pitting), silver-gilt hilt cast and chased in low relief, including quillon decorated with an expanded flowerhead, guard incorporating a pineapple on an enamelled ground on the outside, integral grip formed of a band of conventional foliage at the base, the winged figure of Victory enclosed by fronds on an enamelled ground on the outside and the owner's crest on an enamelled ground en suite on the inside, and the pommel formed as a finely detailed eagle's head, in its wooden scabbard (the covering expertly replaced), with large silver-gilt mounts comprising locket, chape and middle band, all decorated with neo-gothic foliage, the latter two each set with a pineapple on an enamelled ground en suite with the hilt, the locket signed by the maker around the mouth, with two foliate rings for suspension, and the silver parts struck throughout with the maker's mark of John Prosser
79.0 cm; 31 1/8 in blade
The presentation inscription reads:
"A TOKEN OF GRATITUDE. PRESENTED TO LIEUT. COL. S. A. GOODMAN. COMMANDING THE GEORGETOWN BRIGADE OF DEMERARY MILITIA BY THE INHABITANTS OF GEORGETOWN & IT'S VICINITY FOR HIS UNWEARIED EXERTIONS IN THE PUBLIC SERVICE, AT & AFTER THE BREAKING OUT OF YE INSURRECTION ON THE 18TH OF AUGUST 1823 AND THEY BEG THE LIEUT. COLONEL TO BE ASSURED THAT THIS SMALL TESTIMONY OF THEIR REGARD IS ACCOMPANIED WITH THEIR SINCEREST WISHES THAT HE MAY ENJOY LONG LIFE, HAPPINESS AND INCREASED HONORS."
Stephen Arthur Goodman entered the army in October 1794 as ensign of the 48th foot, in which he became lieutenant in 1795 and captain in 1803. He served with the 48th in Minorca, with the force sent to Leghorn in 1800 under Lieutenant-General Sir Charles Stuart to co-operate with the Austrians, and at the capture of Malta. He accompanied the 48th to the Peninsula in 1809, and commanded the light companies of Stewart's brigade of Hill's division at the battle of Talavera. In 1810 he was appointed deputy judge-advocate, with the rank of assistant adjutant-general in Wellington's army. He was present at the capture of Badajoz, and was placed in charge of the French governor Phillipon, whom he was ordered to take to Elvas. At the capture of Madrid and at the siege of Burgos, and in the subsequent retreat, Goodman acted for the adjutant-general of the army (Waters), absent through illness. In 1814 Goodman was appointed deputy judge-advocate of the troops proceeding to America, but exchanged to a similar post in the British force left in the Netherlands under the Prince of Orange. He was deputy judge-advocate of Wellington's army in the Waterloo campaign and at the occupation of Paris. His supersession was dictated by the duke's belief in the need for a lawyer at the head of the department. Goodman retired on half pay of his regimental rank at the peace, attaining major-general's rank in 1842, and was made KH in 1836. In 1819 Goodman was appointed colonial secretary of Berbice, to which in 1821 was added the then lucrative appointment of vendue-master in Berbice and Essequibo (later British Guiana). His colonial services extended over twenty-four years, during which he was in charge of the government of the colony from May 1835 to October 1836. During the insurrection of 1823 he was deputed by Governor Murray to organize a militia, and held the office of major-general and inspector-general of militia in the colony up to his death. He died in British Guiana on 2 January 1844, leaving a widow and eleven children. Taken from the Oxford Dictionary of National Biography.
The Demerara rebellion of 1823 involved in excess of ten thousand slaves and lasted for two days. The cause of the rebellion had its roots in the decline of sugar prices in the second decade of the 19th century and the increased pressure on the enslaved people under the British. What started as a largely non violent rebellion was brutally crushed with estimates ranging between one hundred to two hundred and fifty lives being lost by the slaves. After the insurrection was put down a further forty five men were sentenced and twenty seven executed. John Smith, a young British protestant minister, was blamed for the slave revolt and arrested and sentenced to death. He was later pardoned by the King but by the time the message reached Demerara, he had died from pneumonia. His death created a great deal of anger in Britain and he was praised in newspapers and hundreds of petitions were sent to parliament.
For a discussion of John Prosser's work, and another example of General Officer's pattern made by him and presented by King William IV to Field Marshall the Duke of Wellington in 1831, see Southwick 2001, pp. 199-200 and colour plate 28.

Thomas Del Mar Ltd - Antique Arms, Armour & Militaria

Sale Date(s)
Lots: 551
Venue Address
Olympia Auctions
25 Blythe Road
London
W14 0PD
United Kingdom

General delivery information available from the auctioneer

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.

Important Information

Buyers Premium: 25% + VAT

Lots purchased online through the-saleroom.com incur a surcharge of 5% of the hammer price plus VAT (at the rate imposed by law).

We are pleased to accept UK debit cards; we can no longer take payment from credit cards and international debit cards, however you can use a credit card or international debit card to register to bid in the auction for online approval purposes only.  Cash payments above £6,000 and “card holder not present” payments above £2,000 will not be accepted.

Terms & Conditions

IMPORTANT INFORMATION FOR BUYERS

Definition “Auctioneers  Thomas Del Mar Ltd.

All lots are offered subject to the Conditions of Business reproduced on the website www.OlympiaAuctions.com, and printed at the end of the auction catalogue.

Buyer’s Premium of 25% is applicable to all lots. The Buyer’s Premium is subject to VAT at the standard rate (currently 20%). Unless otherwise indicated lots are offered for sale under the auctioneer’s margin scheme and VAT on the Buyer’s Premium is payable by all Buyers.

Unless otherwise stated all lots are subject to a reserve set at the low estimate or below. 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”.

The Auctioneers 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 and lots will always be purchased as cheaply as possible (depending on any other bids received, reserves and competition).  This service is offered free of charge.

Olympia Auctions are pleased to offer free online bidding directly through their website at www.OlympiaAuctions.com. Other online bidding platforms making an additional surcharge are available for this auction, please see the relevant platforms for further details.

The Auctioneers may supply quotations for shipping of purchases, including transit insurance and VAT refund administration fees, and where possible will endeavour to assist in the application for any export licenses which may be required. Buyers are reminded that it is their responsibility to comply with UK export regulations and with any local import requirements. Olympia Auctions are not responsible for delays in delivery which might be caused by shippers or local customs.

VAT

‘‡’  ‘†’ 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 the Buyer 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 and 20% on the Buyer’s Premium.  Lots marked with the symbol ‘†’ are subject to normal VAT rules and the standard VAT will be charged on both the Hammer Price and Buyer’s Premium. 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.

Lots, such as books, are zero-rated for VAT in the United Kingdom. The Auctioneers will not charge VAT on either the Hammer Price or Buyer’s Premium of these lots.

Ivory and Restricted Materials (CITES)

‘~’ Lots marked with the symbol ~ have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. As the Auctioneers of these articles, the Auctioneers undertake to comply fully with CITES and DEFRA regulation. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange. The information is made available for the convenience of the Bidder and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot. The Auctioneers accept no liability for any lots which may be subject to CITES but have not been identified as such. Please note that it is not possible to post or ship ivory of any kind (including marine ivory) to the United States of America.

Cataloguing Practice

PLEASE NOTE THAT ALL MEASUREMENTS ARE APPROXIMATE AND THAT ILLUSTRATIONS ARE NOT TO SCALE.

Firearms

Please note that all bore sizes are approximate.

Display Accessories

Please note that armour stands and many of the display mounts used in the catalogue(s) and the sale exhibition(s) may be made available to the successful Buyer of the relevant lot(s).  Please contact us for prices and further details.

Condition is not normally recorded and all lots are sold as viewed. Condition reports can be requested prior to sale. Whilst the Auctioneers are pleased to provide a general report of condition, the Auctioneers are not professional conservators or restorers and any statements made are merely subjective, qualified opinion. Prospective Buyers should satisfy themselves in person wherever possible as to the condition of a lot, or ask an agent to inspect it for them.

Payment

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. We are pleased to accept UK debit cards. Cash and UK registered debit card payments above £6,000 and "card holder not present" payments above £2,000 cannot be accepted.

Electronic transfers may be sent directly to our bank account:

HSBC Bank Plc                                                      IBAN Number: GB18HBUK40190481632140

38 High Street                                                       BIC: HBUKGB4B

Dartford                                                                 Sort Code: 40-19-04
Kent                                                                       Account No: 81632140
DA1 1DG                                                               Account Name: Thomas Del Mar Ltd

VAT Registration Number: 867924960

Collection and Storage

On receipt of cleared funds, lots can be collected from the premises at 25 Blythe Road, London, W14 0PD. The Buyer or Buyer’s agent must bring photographic ID for collection. We require written confirmation from the Buyer if collection is made by a third party. Please note that collection may be made during working hours only, usually Monday to Friday 9.30 to 17.00.  All lots should be cleared within 10 working days of the auction date, after which they will be transferred to a third party for storage.  A transfer fee of £25 per lot plus all incurred transfer and storage costs due to the third party will be payable prior to release.

Conditions of Business for Buyers

 1.  Introduction

(a)  The contractual relationship of the Auctioneers 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 the Auctioneers;

(iii)  The Auctioneers Authenticity Guarantee;

(iv)  any additional notices and terms printed in the sale catalogue, in each case as amended by any Saleroom Notice or Auctioneers Announcement.

(b)  As Auctioneers,  the Ltd Company hosting the auction acts as agent for the Seller. Occasionally, the Auctioneers may own or have a financial interest in a lot.

2.  Definitions

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;

Auctioneers Thomas Del Mar Ltd, Matthew Barton Ltd and 25 Blythe Road Ltd trading as Olympia Auctions. For other auctioneer’s at 25 Blythe Road, such as Charles Miller Ltd, please see their website for their Conditions of Business

Buyer’s Expenses are any costs or expenses due to the Auctioneers 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 Auctioneers 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)  The Auctioneers knowledge of lots is partly dependent on information provided by the Seller and the Auctioneers are 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 the Auctioneers 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 the Auctioneers absolute discretion.

 4.  Exclusions and limitations of liability to Buyers

(a)  The Auctioneers shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of the Auctioneers Authenticity Guarantee.

(b)  Subject to Condition  4(a), neither the Auctioneers nor the Seller:-

(i)  is liable for any errors or omissions in any oral or written information provided to Bidders by the Auctioneers, 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 Sellerto 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 the Auctioneers 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 the Auctioneers and/or the Seller by a Bidder is limited to the Purchase Price for the relevant lot.  Neither the Auctioneers nor the Seller shall be liable for any indirect or consequential losses.

(d)  Nothing in Condition 4 shall exclude or limit the liability of the Auctioneers or the Seller for death or personal injury caused by the negligent acts or omissions of the Auctioneers or the Seller.

 5.  Bidding at Auction

(a)  The Auctioneers has absolute discretion to refuse admission to the auction.  Before sale, Bidders must complete a Registration Form and supply such information and references as the Auctioneers requires.  Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case the Auctioneers prior and express consent must be obtained).

(b)  The Auctioneers advises Bidders to attend the auction, but the Auctioneers will endeavour to execute absentee written bids provided that they are, in the Auctioneers 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 the Auctioneers other commitments; the Auctioneers is therefore not liable for failure to execute such bids.  Telephone bidding may be recorded.

6.  Import, Export and Copyright Restrictions

(a)   The Auctioneers 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).

(b)   Ivory and Restricted Materials (CITES)

  ‘~’ Lots marked with the symbol ~ have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export.  As the Auctioneers of these articles, the Auctioneers undertakes to comply fully with CITES and DEFRA regulation. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange. The information is made available for the convenience of Bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot. The Auctioneers accepts no liability for any lots which may be subject to CITES but have not be identified as such.

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 the Auctioneers has received the Purchase Price in cleared funds.  The Auctioneers 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, the Auctioneers 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.  The Auctioneers 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.  The Auctioneers 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, the Auctioneers 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 the Auctioneers against any amounts owed to the Auctioneersby 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 the Auctioneers 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 the Auctioneers possession, applying the sale proceeds to any amounts owed by the Buyer to the Auctioneers.  The Auctioneers 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 10 working days of the auction, the lot will be stored at the Buyer's expense and risk at the Auctioneers 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, the Auctioneers will re-sell the lot by auction or privately, with estimates and reserves at the Auctioneers discretion.  The sale proceeds, less all the Auctioneers costs, will be forfeited unless funds or the unsold items collected by the Buyer within 2 years of the original auction.

 11.   Data Protection

Privacy Policy

(a)   What is the legal basis on which the Auctioneers relies to process your data?

On some occasions, the Auctioneers processes your data with your consent (e.g., when you agree that the Auctioneers may place cookies, or if you ask, the Auctioneers, to send you information about upcoming events).

On other occasions, the Auctioneers processes your data when the Auctioneers need to do this to fulfil a contract with you (e.g., for billing purposes) or where the Auctioneers are required to do this by law (e.g., where we have to fulfil anti-money laundering requirements). If it is mandatory for you to provide data for these purposes, the Auctioneers will make this clear at the time and will also explain what will happen if you do not provide the data (e.g., that the Auctioneers will not be able to process a bid at auction).

The Auctioneers also processes your data when it is the Auctioneers legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, the Auctioneers has a legitimate interest in ensuring the security and integrity of the auctions, in learning about the interests and preferences of current and prospective clients, in developing new business opportunities, in maintaining accurate business and provenance records, and in ensuring that the Auctioneers websites and apps operate effectively. When the Auctioneers process personal information to meet the Auctioneers legitimate interests, the Auctioneers put in place robust safeguards to ensure that your privacy is protected and to ensure that the Auctioneers legitimate interests are not overridden by your interests or fundamental rights and freedoms.

(i)  The Auctioneers will use information supplied by Bidders or otherwise obtained lawfully by the Auctioneers for the provision of auction related services, client administration, marketing and as otherwise required by law.

(ii)  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) (i). 

(b) Who gets to see your personal data?

The Auctioneers and other auctioneer’s at Olympia Auctions, such as Charles Miller Ltd. The Ltd company that initially receives your data will process it. Your data may also be transferred to and processed by other companies within the group of Auctioneers. The Auctioneers uses EU Commission approved standard contractual clauses to regulate the transfer and processing of data between the Auctioneers.

Outside the Auctioneers

The Auctioneers do not transfer your personal data to organisations who wish to use it for their own marketing promotions or other purposes. The Auctioneers only transfer your personal data to other organisations where it Is necessary to enable the Auctioneers to provide you with the services you have requested (for example: the Auctioneers may transfer your data to the Auctioneers bank, payment card acquirers, shippers, warehouses, insurers, experts who help the Auctioneers authenticate or value property, event venues, caterers, catalogue and direct marketing fulfilment and distribution). Where the Auctioneers do it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services. Some of these organisations may be located outside the EEA. The Auctioneers may also need to retain and disclose certain information about you to appropriate agencies to conduct anti-money laundering and trade sanction checks and to assist with fraud and crime prevention and detection.

When the Auctioneers receive a request for information from a government or law enforcement agency the Auctioneers will disclose information which is the subject matter of that request, if the Auctioneers are satisfied that the government or law enforcement agency has the right to seek disclosure and the correct procedure has been followed. In all other circumstances such information will only be disclosed if the Auctioneers are ordered to do so by a court of law.

(c)   How long will the Auctioneers keep your personal data?

The Auctioneers will retain your personal data for as long as is necessary to provide the relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, and protect and defend against potential legal claims.

In the context of our research and records on ownership of art objects to assist with checks on authenticity provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.

What steps do the Auctioneers take to keep your personal data secure?

The Auctioneers will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided via our website, or by any other means electronic or otherwise.

The Auctioneers use a variety of security technologies and procedures to help protect your personal details from unauthorised physical and electronic access.

As effective as modern security practices are, we cannot guarantee the complete security of personal data held in our systems, nor that information you supply through the internet or any computer related network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk. We will not be liable for any resulting misuse of your personal data.

(d)   Third party websites

The Auctioneers website may contain links to other websites not operated by us, the Auctioneers. The information you provide to us will not be transmitted to other websites, but these other websites may collect personal information about you in accordance with their own privacy notice. We as the Auctioneers cannot accept any responsibility for the privacy practices or content of those websites.

(e) Your data

You have the right to request deletion of your personal data. The Auctioneers will comply with this request, subject to our legitimate interests as noted above.

How can I access the information you hold about me?

You have the right to request a copy of the information we hold about you. If you would like a copy of some or all of your personal information then please write to the Auctioneers or email the Auctioneers.

The Auctioneers have an obligation to ensure that your personal information is accurate and up to date. Please write to the Auctioneers or email the Auctioneers to correct or remove any information that you think is incorrect.

(f)    Complaints

If you have any queries or complaints in relation to the Auctioneers processing your personal data please contact the Auctioneers.

12.     Miscellaneous

(a)  All images of lots, catalogue descriptions and all other materials produced by the Auctioneers are the copyright of the Auctioneers.

(b)  These Conditions of Business are not assignable by any Buyer or Seller without the Auctioneers 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 the Auctioneers.

Authenticity Guarantee

If the Auctioneers sell an item of Property which is later shown to be a “Counterfeit”, subject to the terms below the Auctioneers will rescind the sale and refund the Buyer  the total amount paid by the Buyer to the Auctioneers for that Property, up to a maximum of the Purchase Price.

The Guarantee lasts for one (1) year after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable.

“Counterfeit” means an item of Property that in the Auctioneers reasonable opinion is an imitation created with the intent to deceive over the authorship, origin, date, age, period, culture or source, where the correct description of such matters is not included in the catalogue description for the Property.

Property shall not be considered Counterfeit solely because of any damage and/or restoration and/or modification work (including, but not limited to, recolouring, tooling or repatinating).

Please note that this Guarantee does not apply if either:-

(i)  the catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or

(ii)  the only method of establishing at the date of the sale that the item was a Counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical; or likely to have caused damage to or loss in value to the Property (in the Auctioneers reasonable opinion); or

(iii)   there has been no material loss in value of the Property from its value had it  accorded with its catalogue description.

To claim under this Guarantee, the Buyer must:-

(i)  notify the Auctioneers in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and

(ii)  return the Property to the Auctioneers in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale.

The Auctioneers have discretion to waive any of the above requirements.   The Auctioneers may require the Buyer to obtain at the Buyer’s cost the reports of two independent and recognised experts in the relevant field and that are acceptable to the Auctioneers.  The Auctioneers shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense.   In the event the Auctioneers decides to rescind the sale under this Guarantee, it may refund to the Buyer  the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by the Auctioneers.

See Full Terms And Conditions

Tags: Scabbard, Sword, Ensign