April Fine Art, Antique, Collectors' Sale

Sellers Conditions "The Auctioneers" means Peter Wilson of Market Street, Nantwich. 'The Seller" means person or persons named on the Schedule hereto. Where the Seller comprises two or more persons, the singular used in these Conditions shall include the plural and any obligations on the part of the Seller should be joint and several. “ 'The Goods" shall mean the goods identified on the Schedule hereto. "The Buyer" shall mean a person or persons, including a firm or company, making the highest bid for the Goods or any part thereof whose bid shall exceed or be equal to the Reserve, if any. “The Reserve" shall mean the lowest price at which the Auctioneers are authorised to sell the Goods, such Reserve. if any, being stipulated in the Schedule hereto. "Notice" shall mean a communication in writing and "Notify" and "Notification" shall be construed accordingly. 1. The Auctioneers instructed by the Seller to act as the Seller's Agents to sell the Goods by auction or private treaty subject to the Conditions. 2. The Auctioneers are not authorised to sell the Goods other than to the Buyer. 3. The Seller indemnities the Auctioneers insofar as is possible against any liability under The Misrepresentation Act 1987 or The Consumer Protection Act 1987 or any Statutory re-enactment thereof. 4. Whilst every effort will be made by the Auctioneers to catalogue Goods correctly the Auctioneers shall not be liable to the Seller for any errors in the catalogue description and the Seller shall be liable to the Buyer for any errors in the catalogue description whether or not such errors entitle the Buyer to rescind the sale under the Auctioneers Conditions of Sale by Auction and admission to their sale rooms. 5. The Auctioneers are authorised to disclose the name of the Seller in any description of the Goods in a sale catalogue unless the Seller gives to the Auctioneers written instructions not to do so not later than fourteen days after the acceptance of the Goods for sale. 6. The Auctioneers are authorised to sell the Goods on the basis that they are sold as seen with all faults imperfections and errors of description and further upon terms that the Auctioneers exclude for themselves and for the Seller all responsibility for errors of description or for the genuineness or authenticity of the Goods or any part or parts thereof for any default or defect in the Goods howsoever caused. The Auctioneers as agents for the Seller are not authorised to give any warranty in respect of the Goods or any part thereof and the Auctioneer should exclude any and every implied condition or warranty relating to the Goods otherwise except the warranty as to title implied under Section 12 of The Sale of Goods Act 1979. 7. The Seller warrants that he is entitled to have possession of and to sell the Goods and is entitled to instruct the Auctioneers to sell them by auction or private treaty. The Seller further warrants that all the information supplied to the Auctioneers is accurate and indemnifies the Auctioneers against any liability howsoever arising in respect of any inaccuracies in the above information, and against all costs and expenses incurred by or on the Auctioneers behalf in dealing with any claim arising in that respect. 8. The Goods shall be put up for sale without Reserve unless either the Auctioneers are notified by the Seller at least 48 hours prior to any sale of the Goods or any part or parts thereof of a Reserve or a Reserve is entered in the Schedule hereto. 9. The Auctioneers authority to sell shall be revoked provided the Seller notifies the Auctioneers not less than 24 hours prior to the sale that the Goods are to be withdrawn from sale. The Seller shall pay to the Auctioneers prior to delivery of the Goods to the Seller following such withdrawal a charge of five per cent of the Reserve or, in the absence of a Reserve by reference to a Reserve price reasonably fixed by the Auctioneers plus VAT at the prevailing rate at the date of the sale from which the Goods are withdrawn. 10. Any Reserve shall be not less than f20 per lot. If the Seller stipulates a Reserve the Auctioneers are not authorised to sell the Goods other than to a Buyer at a price equal to or more than the reserves save that at their discretion the auctioneers are authorised to sell at the price of 10% below reserve. 11. If the Goods remain unsold after any Auction, the Auctioneers shall be authorised to sell the Goods at the next appropriate sale unless otherwise instructed by the Seller that the Goods are withdrawn under Condition 9. If any Reserve has been applied to unsold Goods at previous sales the Auctioneers shall be authorised to sell the Goods without any Reserve, being applied unless another Reserve is notified to the auctioneers at least 48 hours prior to the next appropriate sale. 12. In the event of a dispute to any bid the Auctioneers are authorised by the Seller to determine the dispute and to put up the Goods again at the last undisputed bid 13. If he Buyer fails to supply his name and address or that of the person on whose behalf he has bid the Auctioneers are authorised by the Seller to put up the Goods again at any time during the Auction. 14. The Auctioneers are authorised by the Seller to bid on his behalf at their discretion up to the amount of the reserve, to buy in the Goods on the Sellers behalf as unsold below the Reserve or to withdraw the Goods as unsold if the Reserve is not reached. 15. The Auctioneers are authorised by the Seller to bid on behalf of those persons who have left with them before the Auction written authority to bid on their behalf. 16. The Auctioneers may take reasonable steps to regulate the bidding and to refuse undesirable bids at their discretion. 17. The Auctioneers have the Seller's authority to divide any lot, combine any two or more lots or to withdraw any lot or lots from the sale. 18. The seller shall pay the auctioneers commission of 16% (which includes 1% insurance) of the sum realised for the goods (other such other rate as may be fixed by the auctioneers) plus VAT at the prevailing rate on the date of the sale. 19. The auctioneers may deduct their commission and charges from any sum received by them from the buyer and authorised by the seller retain possession of the goods until such time as all charges relating to the goods and the sale price plus buyers commission and VAT have been paid. 20. Provided the Auctioneers have been duly paid by the 'Buyer and subject to Condition 22 the Auctioneers shall pay the Seller the net proceeds of sale less any sum due to the Auctioneers from the Seller less any costs authorised in Condition 22 within fourteen days of the date of the sale. The Auctioneers act as the Sellers agents and are not liable to the Seller for any default by the Buyer. 21. The Auctioneers are authorised not to account to the Seller if the Buyer has exercised his rights to return the Goods to the Auctioneers under Condition 18 of the Auctioneers Conditions of Sale by auction. For the purposes of that Condition 18 the Seller authorised the Auctioneer, subject to the Seller's right of reimbursement from the Buyer, to consul any expert at the Seller's expense and the Seller shall pay to the Auctioneers on demand such sum as the Auctioneers may reasonably require by way of payment in advance of such costs. 22. If the Goods or any part thereof sold as a separate lot are proved la be a deliberate forgery the Seller authorises the Auctioneers to repay the Buyer the purchase price including Buyer's commission and VAT already paid by the Buyer and the Seller shall pay to the Auctioneers a sum equal to the Buyer's premium inc. VAT at the prevailing rate and in addition Conditions 11 and 19 shall apply. 23. The Seller shall be deemed to have had due and proper notice of any matters relating to these Conditions within 48 hours of the posting by first class mail of any such notice to the Seller by the Auctioneers to the Seller's address in an envelope properly addressed to the Seller. The Seller undertakes to notify the Auctioneers of any change of address. 24. The Auctioneers reserve the right to store or arrange for the storage of Goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. 25. If the Goods are left in the Auctioneers possession for seven days after written notification to the Seller to remove them the Auctioneers will charge £2 per lot per day for storage inc plus VAT at the prevailing rate and are authorised by the Seller to sell the Goods at their discretion to defray costs and storage charges. 26. (a) Unless otherwise instructed in writing all Goods on the Auctioneers premises and in their custody will be insured against the risks of fire burglary and water damage (but not against accidental breakage or damage). (b) The Auctioneers shall not be responsible for accident breakage loss or damage howsoever caused unless directly caused by negligence of their employees. (c) In respect of any Goods delivered to the Auctioneers if the Seller has in force a policy of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the Seller shall notify his insurers of the Auctioneers interest as bailees in such policy or policies. 27. The Auctioneers are authorised by the Seller to charge the Buyer a premium at the rate of 20% of the hammer price of each lot sold plus VAT at the prevailing rate. 28. These Conditions shall be governed by and construed in accordance with English Law. All transactions to which these Conditions apply and all connected matters shall also be governed by English Law. Buyers conditions 1. Please ensure that we receive your bids at least 30 minutes before the start of the sale. It may not be possible to execute bids received after the start of the sale. 2. Commissions to bid are carried out free of charge. Make sure your name, address and telephone number are clearly legible. Where details cannot be deciphered, or if there is any doubt, commissions will not be executed. 3. The estimates printed in the catalogue are intended as a guide for prospective buyers. It is always advisable to consult us nearer the time of the sale, as estimates can be subject to revision. 4. Bids will not be executed unless the bidder provides adequate information 5. Bids will be executed as cheaply as is permitted by other bids or reserves if any. 6. Any commissions left which do not reflect an acceptable bid in the saleroom, eg. £887 will be descaled down to the nearest acceptable bid, in this case £880, and ranked as such. 7. Where identical bids are left for the same lot, the earlier bid will take precedence. 8. All bids are subject to the Notices and Conditions of Sale printed in the catalogue or displayed in the saleroom. 9. Neither Peter Wilson nor its employees or Agents shall be liable to either the buyer or the seller for any neglect or default or failure in operating the bid. 10. An instruction to buy with no upper limit will not be accepted. 11. If your bid is successful, you will be notified and the purchase price payable will be the final bid plus the premium of 20% with any VAT payable thereon. Peter Wilson will endeavour to advise successful absentee bidders as soon as possible but we cannot take responsibility for doing so and suggest that clients contact Peter Wilson at the conclusion of sales. 12. In order to avoid delay in clearing purchases, buyers unknown to us are advised to make arrangements, before the sale, for payment or for references to be supplied. If such arrangements are not made, cheques will not be paid for 5 working days before purchase are made available for collection. 13. We ask you to make arrangement to pay for and collect your purchases as soon as possible. Interest and a charge of ware housing will be payable on properties not collected within the time limits stipulated within our conditions of sale.

Local Taxes Apply