AUCTION OF PAINTINGS

Standard conditions of sale 1. Definitions. In these conditions Barnes Thomas County Auctioneers act solely as auctioneers and agents are called Barnes Thomas County Auctioneers and the representative of Barnes Thomas county Auctioneers conducting the auction is called "the auctioneer". 2. General. Whilst Barnes Thomas County Auctioneers make every effort to ensure the accuracy of their catalogues and the descriptions 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) Barnes Thomas County Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship date, age, period, condition or quality of any lot unless they have been instructed to in writing by the buyer to so certify. (III) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) are statements of opinion only and are not to be taken as being or implying any warranties or representations of the fact by Barnes Thomas County Auctioneers unless they have been instructed in writing by the buyers to so certify. 3. The Auction. (I) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods that are being offered subject to reserve or auctioneers discretion. (II) The highest bidder shall be the buyer. The auctioneer may at his sole discretion determine the advance or bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. (III) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price ( but not otherwise) the seller has the right to bid personally or by any one person ( who may be the auctioneer. (IV) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the made by the auctioneer from the rostrum prior to any bid being accepted for the lot. 3. Lot Money. The buyer shall pay the hammer price together with lot money at the rate of 15% of the hammer price exclusive of VAT. 4. Rescission. Not withstanding any other terms of these conditions, if within fourteen days after the sale Barnes Thomas County Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate fake or forgery and within twenty one days after such notification the buyer returns the same to Barnes Thomas County Auctioneers in the same condition as at the time of the sale and by producing evidence, the burden of proof upon the buyer , satisfies Barnes Thomas County Auctioneers that considered in the light of the entry in the catalogue the lot is a deliberate fake or forgery then the sale of the lot will be rescinded and the purchase price of the same will be refunded. The Vendor agrees to be bound by Barnes Thomas County Auctioneers decision Vendors Conditions. 5. Indemnity The vendor shall duly indemnify Barnes Thomas County Auctioneers against any claims in connection with any goods sold by Barnes Thomas County Auctioneers on the vendor's behalf. 6. Rescission Notwithstanding any other terms of these conditions, if within 14 days after the auction the Auctioneer has received from the buyer of any lots notice in writing that in his view the lot is a deliberate forgery and within twenty one days after such notification the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and by producing evidence, the burden of proof to be on the buyer , satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The vendor agrees to be bound by the Auctioneers decision. 7. Instructions All goods delivered to the Auctioneer's premises will be deemed to be delivered for sale by auction unless stated otherwise in writing and will be catalogued and sold at the auctioneers discretion and accepted by the Auctioneers subject to all sale conditions. By delivering the goods to the Auctioneer for inclusion in their auction sales each vendor acknowledges that they have accepted and agreed to be bound by all these conditions. 8.Right to sell Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within seven days of such request Barnes Thomas County Auctioneers reserve the right to sell the goods to defray the costs and storage charges. 9. Insurance (I). Unless otherwise instructed in writing all goods on the Auctioneers premises and in his custody will be held insured for which insurance the auctioneer will charge a premium of 1.5%. The Auctioneer has an insurance policy that covers lots in his care , custody or control. The vendor and the buyer agree to be bound by the terms and conditions of that policy. The policy document is available for inspection upon request. (II). The Auctioneer shall not be responsible for damage or loss, theft or destruction of any goods not so insured upon the owners written instructions. 10. Loss or Damage Barnes Thomas County Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of their employees. 11. Storage The Auctioneer reserves the right to store or arrange goods delivered to him for sale either on his own premises or elsewhere at his sole discretion. He exempts himself from any liability for loss or damage to goods delivered to his salerooms without sufficient sale instructions and reserves the right to make a storage charge for such goods (unless the loss or damage is caused by the negligence of their employees) 12. Reserves (I) All goods are put up for sale without reserve unless written instructions are received by the Auctioneer prior to the commencement of the auction. (II) in the event of any reserve price not being reached at auction, the Auctioneer is empowered to sell after the auction, by private treaty, at not less than the reserve price. (III) The auctioneer may charge up to 20% of the lowest estimate should any lot be withdrawn from the auction or fail to reach its reserve. 13. Value Added Tax A vendor who sells by auction any chattel(s) which is a asset of their business must disclose to the Auctioneer whether they are registered for value added tax purposes and if so their registered number and whether they intend to operate in the special Scheme covering Antiques etc. This information must be supplied to the Auctioneer on or prior to the delivery of goods. 14.Illustrations The vendor authorises the Auctioneer to photograph and illustrate any lot placed with us for sale and further authorises the Auctioneer to use such photographs and illustrations and any illustrations provided by the seller at any time in absolute discretion (whether or not in connection with the sale). Buyers conditions. 17. Inspection. Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise to all the sale conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired. 18. Property and risk. The property in a lot shall not pass to until he has paid in full but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the auctioneer shall forthwith pay to Barnes Thomas County Auctioneers such proportion of the purchase price as the auctioneer may require. If the purchaser fails to do so, the lot at the Auctioneers sole discretion be put up and re-sold. 19. Removal of goods (I). No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyer's risk and expense by the end of the second working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged, or destroyed, and all lots not so removed within seven days of the sale the Auctioneer may re-sell them by auction or private treaty without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot. (II) If the buyer fails to comply with any of the above conditions the damages recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charges and expenses in the respect of both sales, and any money deposited in part payment shall be held by the Auctioneer against the defaulter's liability and may be appointed in settlement of that liability. 20. Bids. We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the commissions Department at least 1 hour prior to the sale commencement, and should be entered on the forms provided. Bid left on the telephone are entirely at the sender's risk, and must be confirmed in writing. 21. Artists resale rights this levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. Barnes Thomas County Auctioneers is a trading name of Barnes Thomas Limited. Company number 6324555.