The Burt Goldblatt Jazz Photograph Archive

STANDARD CONDITIONS OF SALE 1. GENERAL Whilst Omega Auctions Ltd makes every effort to ensure the accuracy of their catalogue and the description of any lot: i. each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions ii. Omega Auctions Ltd does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendors so to certify and in such case the Auctioneers do so as agents of the vendor and are not, themselves, responsible for such claims. iii. all statements, whether printed in the catalogue or made orally, as to any of the matters set out in (ii) above, are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Omega Auctions Ltd, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. iv. the Auctioneer must receive any claim under any Statute in writing within 14 days of the day of the sale. v. the Sale of Goods Act 1979 (as amended) is not applicable THE BUYER 1. The highest bidder acceptable to the Auctioneer shall be the Buyer. The Auctioneer shall have absolute discretion to settle any dispute and to refuse bids or to advance the bidding as seen fit. 2. Every bidder shall be deemed to act as a principal unless in receipt of written acknowledgement by the Auctioneer that the bidder is acting as agent on behalf of a disclosed principal. 3. Bidding in person, by telephone or absentee bids placed directly with Omega Auctions - The Buyer must complete a registration form and provide identification/proof of address, prior to bidding, following which a bidder number will be issued. The Auctioneer may refuse a bid or re-offer a Lot if a Buyer has not registered and/or has no current bidder number. Following a successful bid, the Buyer shall pay the Auctioneer in full the Hammer Price (plus VAT where applicable, payable in accordance with clause 9 below) together with the Buyers Premium, by the close of business on the day of the sale, where the Buyer has bid in person within the saleroom. Where the Buyer has purchased an item via a telephone or commission bid, payment must be made within 2 working days of the sale. Payments via credit card or international debit card will incur an additional fee. No additional fee is charged for UK debit card payments. 4. Online Bidding - Omega Auctions offer an online bidding service via our own website (www.omegaauctions.co.uk) and the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit/debit card details you: a. authorise Omega Auctions, if they so wish, to charge the debit/credit card given in part or full payment, including all fees/charges, for items successfully purchased in the auction via the-saleroom.com, and b. confirm that you are authorised to provide these credit card details to Omega Auctions through www.the-saleroom.com and agree that Omega Auctions are entitled to ship the goods from their UK offices to the card holder name and card holder address provided in fulfilment of the sale. Additional charges will be incurred for postage and packing where applicable. 5. Where a Lot is marked by a ** VAT is payable on the Hammer Price at the standard rate. 6. The ownership of a Lot shall not pass to the Buyer and the Buyer shall not be entitled to remove any Lot until he has made full payment to the Auctioneer of the total amount due. Payment shall be deemed to have been made only after the Auctioneer has received cleared funds. 7. All Lots bought within the saleroom must be paid for and removed at the Buyers risk and expense bythe close of business on the day of the sale. All lots bought either online or via telephone/commission bid must be paid for within 2 working days of the auction and collected from Omega Auctions UK offices/delivery arranged at the Buyers risk and expense, within 2 working days of the auction. Where payment is made via debit/credit card with the cardholder not present, Omega Auctions reserve the right to defer collection/dispatch of items until payment has cleared (normally 3 working days) and will require proof of identification on collection. Where an item is to be collected by somebody other than the Buyer, written instructions shall be required from the Buyer in advance and the person collecting will be required to provide proof of identification. The Buyer will be responsible for all storage charges thereafter, which will be charged at the Auctioneer's current charge rates. 8. We require payment to terms (see condition 7). Payment must be made on time, in full, and without any deduction, set off or counterclaim. An account remaining outstanding after 7 days will have a £24 (inclusive of VAT) administration charge applied. In the event that an account is outstanding after 14 days, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur a surcharge of 20% of the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue. Furthermore, the Auctioneer, at his absolute discretion and without prejudice to any other rights he may have, may exercise any of the following rights and remedies. i. proceed against the Buyer for breach of contract ii. rescind the sale of all or any Lots sold to the Buyer iii. re-sell all or any Lots by public auction or private treaty and deficiencies in the purchase price resulting from such sale (after giving credit for any prior payment received from the Buyer) together with full costs incurred in connection with the Lot or Lots, shall be paid to the Auctioneer by the Buyer. Any surplus over the proceeds of the sale shall go to the Seller. iv. remove, store and insure (on any premises) the Lot or Lots at the expense of the Buyer. v. retain the Lot or any other Lot sold to the Buyer at the same or any other auction and release the same only after payment of the full purchase price. vi. reject any bids made by or on behalf of the Buyer at any future auction or obtain part-payment before accepting any future bids, or vii. apply any proceeds of sale then due or at any time thereafter becoming due to the Buyer, towards settlement of the total amount due and exercise a lien on any property of the Buyer which is in the Auctioneers possession for any purpose. 9. i. Many items are of an age or nature which precludes their being in perfect condition. The catalogue description is for guidance only and does not imply an item is free from defects, nor does a reference to specific defects imply the absence of others. ii. Prospective buyers are strongly advised to examine personally, any goods in which they are interested before the auction takes place. The Auctioneer can provide condition reports on request, but provide no guarantee to reports given other than in relation of forgeries as referred to in clause 9(iii) iii. Any Lot which is claimed by the Buyer to be a forgery may be returned to the Auctioneer in the same condition in which it was sold, within 14 days of the sale, together with evidence from two independent experts. If the Auctioneer is satisfied that the claim is justified and that the Buyer is able to transfer a good and marketable title to the Lot free from any third party claims, the Auctioneer will rescind the sale and refund any amount paid by the Buyer to the Auctioneer. iv. Any claim by the Buyer under this condition shall be limited to the amount paid by the Buyer to the Auctioneer for the Lot. 10. The Auctioneer will, on the Buyers written instructions, execute bids on their behalf, but neither the Auctioneer nor his employees nor agents shall be liable for any neglect in doing or failing to do so. 11. These conditions shall be governed by and construed in accordance with English law. 12. The Auctioneer reserves the right to request a deposit of 50% of the total due from the Buyers successful bidding. This request may be made at any time during the auction. Should the Auctioneers request not be complied with, those Lots designated to the Buyer will be re-offered for sale. 13. With the exception of vinyl records and small, non-delicate items up to the value of £10,000, Omega Auctions do not offer a packing and shipping service. Where Omega Auctions have agreed to pack and send an item, this will be done at the buyers risk and expense.