CONDITIONS OF
1.
GENERAL: the following
Conditions of Sale are intended to define the entire
agreement between Derwent-Wye Fine Art Auctions Limited (the Auctioneer) and
the buyer seller in respect of the goods listed in this catalogue.
2.
CONSECUTIVE AND
RESPONSIVE BIDDING: the Auctioneer may open the bidding on any lot by placing a
bid on behalf of the seller, up to the amount of the reserve, by placing
consecutive or responsive bids for a lot.
3.
DEFINITION OF
CATALOGUE: the catalogue is available in a number of formats, including hard
copy format and online and all references to "the catalogue" herein are intended to include all formats, however
presented.
4.
AMENDMENTS: The
Conditions of Sale, Terms of Guarantee, the glossary, if any, and all other
contents of this catalogue may be amended by the Auctioneer by the posting of
notices or by oral announcements made during the sale.
5.
AGENCY: the goods will
be offered by the Auctioneer as agent for the seller, unless the catalogue
indicates otherwise.
6.
FINANCIAL INTEREST OF
THE AUCTIONEER: any financial interest in the goods for sale on the part of the
Auctioneer will be clearly identified in the catalogue with reference to the
symbol β.
7.
BIDDING IN PERSON: to
bid in person you must register for and collect a numbered paddle before the
commencement of the auction. Proof of identity will be required in the form of
a passport or driving licence or identity card. All lots sold will be invoiced
to the name and address in which the paddle has been registered and cannot be
transferred to other names and addresses.
8.
AUTHENTICITY: the
authenticity of goods listed in the catalogue is as stated in the Terms of
Guarantee hereinafter set out and all property is sold as seen and without
any representations or warranties by the Auctioneer or the seller as to merchantability, fitness for a
particular purpose, the correctness of the catalogue or other description, the
physical condition, size, quality, rarity, importance, medium, provenance,
exhibitions, literature or historical relevance and no statement made in any
context, whether oral or written, whether made in the catalogue, an
advertisement, a bill of sale, a
9.
TERMS OF DESCRIPTION:
the terms of description of the goods in the catalogue represent the
Auctioneer's opinion only and shall be defined as follows:
(a)
a work catalogued
with the name(s) of an artist, without any qualification is, in our opinion a
work by the artist;
(b) "attributed to........": in our opinion
the work may possibly be by the artist;
(c) "in the
manner of ........": in our opinion a work in the style of the artist, which may or may not be contemporary with the dates of the artist;
(d) "after........": in our opinion a copy
of a known work by the artist;
(e) "signed by........": in our opinion
the signature is from the hand of the artist;
(f) "with signature": in our opinion
possibly signed by the hand of the artist;
(g) "bears a signature ": in our opinion
the signature may have been added by another hand.
10. SCULPTURE: casts in
bronze and other material are catalogued with the full name and dates of the
artist that created the original model. In some cases, however, this does not
mean that the cast is by the hand of the artist or contemporary, but rather
cast after the model by that artist.
11. COPYRIGHT: the
Auctioneer and the seller make no representations and warranties, express or
implied, as to whether the buyer acquires any copyrights, including but not
limited to, any reproduction rights in any property.
12. ERRORS AND OMISSIONS: The Auctioneer and the
seller are not responsible for errors and omissions in the catalogue, glossary,
or any supplemental material.
13. INSPECTION: Prospective buyers should inspect
the goods before bidding to determine their authenticity, condition and size
(all dimensions stated in the catalogue are approximate only).
14. BUYER'S PREMIUM: the buyer's
premium will be added to the successful bid price and is payable by the buyer as part of the total purchase
price. The buyer's premium is 20% of the successful bid price, plus VAT.
15. SELLER'S PREMIUN: the seller's premium is 15%
of the successful bid price, plus VAT.
16. VAT: goods identified with the symbol Ω will be sold under normal UK
VAT rules and VAT will be charged on both the hammer price and the buyer's
premium. Where there is no VAT symbol, the Auctioneer is able to use the margin
scheme and VAT will not normally be charged on the hammer price.
17. WITHDRAWAL: the Auctioneer reserves the right
to withdraw any goods before the sale and shall have no liability whatsoever
for such withdrawal.
18. BIDDING: the Auctioneer reserves the right to
reject any bid. The highest bidder acknowledged by the Auctioneer will be the
buyer. In the event of any dispute between bidders, or in the event of doubt as
to the validity of any bid, the Auctioneer will have the final discretion to
determine the successful bidder, cancel the sale, or to reoffer and resell the
goods in dispute. If any dispute arises after the sale, the Auctioneer's sale
record is conclusive.
19. ABSENTEE BIDS: the Auctioneer will execute
absentee bids or accept telephone bids at its discretion as a convenience to
clients who are not present at the auction, but will not be responsible for any
errors or omissions in connection therewith.
20. BIDS BELOW RESERVE: if the Auctioneer decides
that any opening bid is below the reserve of the goods offered, it may reject the
same and withdraw the goods from sale, and if, having acknowledged an opening
bid, it decides that any advance thereafter is insufficient, it may reject the
advance.
21. BUYERS RESPONSIBILITY: subject to
the fulfilment of all of the conditions hereinbefore set out, on the fall of the hammer, title to the offered lot will pass
to the highest bidder acknowledged by the Auctioneer, and such bidder thereupon:
(a) assumes full risk and
responsibility therefore (including, without limitation, liability for or
damage to frames or glass covering prints, paintings or other works) and: (b) will immediately pay the full
purchase price.
22. LATE PAYMENT: in addition to other remedies
available by law, the Auctioneer reserves the right to impose from the date of
sale a late charge payment of 2% per month of the total purchase price if
payment is not made in accordance with the conditions hereinbefore set out.
23. COLLECTION OF GOODS: all goods must be collected
from the Auctioneer's premises by the buyer or seller at their own expense not
later than 7 days following the sale and, if not so removed: (a) a handling charge of 5% of the
total purchase price per lot will become payable to the Auctioneer from the 7th
day following the sale and: (b) the
Auctioneer may send the goods into storage at any time from the 7th
day following the sale at the risk and expense of the buyer or seller. This
clause is without prejudice to the Auctioneer's entitlement to resell the
goods, whether at public auction or by private sale at any time (in the event
of non-collection from the 7th day following the sale) as set out at
clause 19 herein.
24. DEFAULT:
if any applicable conditions herein are not complied with by the buyer, the
buyer will be in default and in addition
to any and all other remedies available to the Auctioneer and the seller by
law, including, without limitation, the right to hold the buyer liable for the
total purchase price, including all fees, charges and expenses, the Auctioneer
may: (a) cancel the sale of that, or any other lot or lots sold to the defaulting
buyer at the same or any other auction, retaining as liquidated damages all payments
made by the buyer or: (b) resell the
goods, whether at public auction or by private sale or: (c) effect any combination thereof. In any case, the buyer will be
liable for any deficiency, any and all costs, handling charges, late charges,
expenses of both
25. GOVERNING LAW AND JURISDICTION: these Conditions
of Sale shall be governed by and construed and enforced in accordance with
English law. By bidding at the auction, whether present in person or by agent,
telephone or other means, the buyer shall be deemed to have consented to the
jurisdiction of the English Courts.
26. LIMITATION
OF LIABILITY: in no event will the liability of the Auctioneer to a buyer exceed
the purchase price actually paid for the relevant goods.
27. CHILDREN: children under the age of 16 years
are not permitted on the premises for the purpose of attending the viewing, the
sale or for any other purpose.
28.
THIRD PARTY LIABILITY:
every person attending the premises shall be deemed to be there at their own
risk and must exercise due care and attention in respect of their own safety,
the safety of others and the integrity of the goods thereat. The Auctioneer
will not accept liability for any claim for damage occurring at the premises,
howsoever caused. Furthermore, the auctioneer will not accept any claim for
personal injury (including loss and damage in connection therewith), save and
insofar as such personal injury has been caused or contributed to by the
negligence of the Auctioneer.
29.
DATA PROTECTION: the
Auctioneer (together with its sister company Derwent-Wye Fine Art Limited) will
use information provided by its clients for the provision of auction and art
related services, marketing and to manage and operate its business, or as
required by law. The Auctioneer may wish to make a recording of the sale as an
aide to the resolution of such disputes as may arise. The Auctioneer will not
otherwise use data without express consent.