Terms and Conditions
CONDITIONS OF BUSINESS
Buyers and Sellers are advised to read carefully the following Conditions of Business, including the explanations of cataloguing practice, that contain exclusively the items under which Hutchinson Scott Fine Art Auctioneers and Valuers conduct their sales and handle their related matters.
THIRD PARTY LIABILITY
All persons on Hutchinson Scott premises at any time at their own risk. They shall have no claim against Hutchinson Scott in respect of an accident, injury, loss or damage howsoever caused, save insofar as the injury, damage or loss shall be caused by the negligence of the Auctioneers or his principals.
CONDITIONS FOR BUYERS
Hutchinson Scott acts only as agents for the Seller and makes no representation and gives no warranty as to authenticity, merchantability or otherwise of any lot.
The Buyer shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. Hutchinson Scott has sole discretion whether a bid has been made, whether there has been a dispute as to the bidding and settles any dispute. Every bidder must complete a registration form in full and supply suitable references before bidding at the auction. Every bidder acts as principal
The buyer of any lot shall pay Hutchinson Scott a premium equal to 30% of the hammer price inclusive of VAT at the standard rate. The buyer acknowledges that Hutchinson Scott may also receive a commission from the seller. The buyer shall not make any deduction in respect of the purchase price, sell, transfer or otherwise contract to dispose of any lot prior to payment of the purchase price.
Lots on which VAT is payable by the Buyer are indicated in the catalogue with a hash (#) VAT is payable at the rates prevailing on the day of the auction. VAT may be refundable in certain circumstances where the lot is removed from the UK.
At the fall of the hammer, the buyer shall give his full name and address and such proportion of the purchase price the Auctioneers require. The risk of loss or damage to the lot shall become the full responsibility of the buyer, notwithstanding that title may not yet have been passed to the buyer. Legal and beneficial ownership of a lot shall not pass to the buyer for the lot along with interest or other sums that may be outstanding on any account is received in cleared funds by Hutchinson Scott will be entitled to a loan on any lot sold to the buyer until these amounts are paid in full. In any event, full payment of the purchased price must be received by Hutchinson Scott within one working week after the sale (“Due Date”)
METHOD OF PAYMENT
Cash in Sterling. Cheques in Sterling supported by suitable cheque card or Bankers Draft in sterling made payable to Hutchinson Scott Limited. Bank Transfers in Sterling should be made payable to the account of:
Hutchinson Scott Limited Barclays Bank PLC, St James’ Street, Harrogate
Sort Code 20-37-13 Account Number 23677907
Cheques drawn on a Foreign Bank attract a transaction charge. We make no charge for Debit Cards i.e. Switch, Delta or similar.
No lot may be removed during an auction, nor may any lot be removed until the purchase price has been paid in full. The Buyer shall remove from Hutchinson Scott premises at his expense and lot purchased by him within seven days of the sale. The buyer will be responsible for any removal and storage charges if a lot is not removed within the seven days. Hutchinson Scott will not maintain insurance in respect of any such lot. Therefore, Hutchinson Scott will not be liable for any damage after the fall of the hammer. Collection by agents or carries must have written authority or a receipted Hutchinson Scott invoice for any lots.
In the event of a buyer failing to pay or collect a lot, Hutchinson Scott are at their absolute discretion and without prejudice, to any other rights or remedies there may be, be entitled to exercise one or more of the following:
Issue proceedings against the buyer for breach of contract together with the costs of any proceedings on a full indemnity basis.
To resell the lot or cause it to be resold by public auction or private treaty. The original Buyer shall pay any deficiency in the purchase price resulting from any such resale, together with costs incurred.
To charge interest on any outstanding monies at the rate of 1.5% per month or part thereof to the extent they remain unpaid for after seven days from the date of the sale.
CONDITION OF LOTS
All catalogue descriptions, verbal descriptions, and advertisements for sales concerning attribution, genuineness, authorship origin date, age, quality and estimated price are statements of opinion only and not to be taken as statements or representation of fact nor basis of warranty or guarantee. Many lots will be of an age that precludes them being in perfect condition and purchasers should satisfy themselves as to the condition of any lot before the commence of the auction.
All bids must be in writing and handed to a member of Hutchinson Scott staff prior to the sale.
No commission bid will be taken over the telephone during the sale unless a previous customer of Hutchinson Scott.
Commission bids will be dealt with in strict order of receipt. Therefore, when two or more bids of the same amount for the same lot are received the first commission received shall be the buyer if the bid is successful.
Hutchinson Scott has absolute discretion to refuse a bid, to determine the advance of the bidding. To divide or split any lot, to combine a number of lots and to cancel the sale without any reason and without previous notice.
Each lot is put up for sale subject to any reserve price put on it. 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.
Hutchinson Scott has the absolute right to refuse any person admission to its premises or attend the sale.
EXPLANATION OF PICTURE CATALOGUING
Any Picture listed with forenames and surname of the artist is in our opinion a work by that artist. For any lesser description, the purchaser acts entirely on his own judgment.