EXPLANATORY INTRODUCTION TO
The Auctioneer acts only as agent of the Seller (unless otherwise specifically declared). Accordingly Sellers are not paid until payment is received from the Buyer, nor is the Auctioneer necessarily in a position to know the history of or assess the quality of Lots sold on behalf of these principals. In addition, Lots sold are likely to have been subject to wear and tear caused by user or the effects of age and may therefore have faults and imperfections. Buyers are given ample opportunity at viewing times to examine Lots to be sold and will be assumed to have done so. They must rely solely on their own skill or judgement as to whether Lots are fit for any particular purpose, and as to compliance with catalogue description or illustrations – see Condition 6.
All bids made shall be treated as offers made upon these conditions of Sale and all persons present are admitted to attend a Sale on the basis that they have notice of these Conditions.
2. Ascertainment of the Buyer
The Buyer shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. In the case of a dispute to the highest bidding during or immediately after the sale of the Lot, the Auctioneer may if thinks fit put up the Lot again for sale.
3. Auctioneer’s Discretion
The Auctioneer has sole discretion (a) to refuse any bid, (b) to advance the bidding as he may decide, (c) to decide whether there has been a dispute as to the bidding and under Condition 2 to resell the Lot in question, (d) to withdraw or divide any Lot or combine one Lot with another or others, and
(e) to exclude any person from the auction room.
4. Reserves and Seller’s Right to Bid
Lots put up for Sale are subject (a) to any reserve price imposed by the Seller, (b) the right of the Auctioneer to bid on behalf of the Seller, and
(c) where no reserve price has been imposed (but in no other case) for the Seller to bid personally or through any one agent.
5. Buyer’s Duties
The Buyer shall forthwith or as soon as reasonably possible after the sale of the relevant Lot (a) supply his name and address, (b) supply, if so required, bank or other suitable references, (c) pay the full purchase price in a way acceptable to the Auctioneer, and (d) on proof of payment clear the Lots purchased by him after the Sale in exchange for the Auctioneer’s delivery order not later than the Friday following the Sale. The full purchase price shall be the final bid plus a VAT-inclusive premium of 17.5%.
6. Liability of the Auctioneer and Sellers Subject to Condition 8, (a) Lots are sold with all faults and imperfections and neither the Seller nor the Auctioneer is responsible for any defects whatsoever; (b) no warranty is given or authorised to be given by the Seller or the Auctioneer with regard to any Lot other than that the Seller had the right to sell it; (c) any express or implied conditions of warranties whether relating to description or quality, are hereby excluded.
7. Catalogue Descriptions
The Auctioneer undertakes that care has been taken to see that the catalogue descriptions are accurate and reliable, but these are necessarily matters of opinion only and shall not be taken to be statements of fact. Subject to Condition 8, neither the Seller nor the Auctioneer is responsible for the correctness of any description of any lot or its attribution in any manner to any particular originator.
Notwithstanding Conditions 6 and 7, if the Auctioneer receives notice in writing from the Buyer within twenty-one days of Sale that in his opinion a Lot is a forgery (as defined in Condition 10) and on giving such notification the Lot in question is returned to the Auctioneer at his working premises in the same condition as when bought, then if on considering such evidence as the Buyer supplies to prove his assertion, the Auctioneer decides that the Lot is a forgery the sale of the Lot will be rescinded and the purchase price repaid to the Buyer.
9. Property in Lots and Risks
The Buyer shall not become the owner of any Lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price, but after the fall of the hammer the risk of any damage or loss shall nevertheless be the Buyer’s.
10. Definitions and Interpretation
In these conditions: (a) References to ‘The Auctioneer’ shall be taken to mean, as the context so admits, Honiton Galleries or Robin A Fenner & Co, The Fine Art Auction Group Limited, or any director, partner or employee thereof at the time of the sale; (b) ‘Buyer’ shall have the meaning ascribed to in Condition 2 and for the purpose of these conditions all buyers shall be deemed to be principals unless to the knowledge of the Auctioneer they are acting as agent on behalf of the named principal; (c) ‘Forgery’ means a lot (i) which is so constituted as deliberately to deceive when considered in the light of its catalogue description, and (ii) whose value as much as materially less than if it had complied with the catalogue description; (d) The Interpretation Act 1978 shall apply to the general construction of terms and expressions used in these conditions as if in a statute, and these conditions shall be governed by English Law.
PRINTS AND PAINTINGS
All measurements are height before width and all pictures are sold framed unless otherwise stated.
Forenames and surname of the artist
- In our opinion a work by the artist
Initial of forename and surname of artist
- In our opinion a work of the period of the artist which maybe in whole or
in part his work.
Surname only of the artist
- In our opinion a work in the style of, or a copy of a work by the artist.
- In our opinion a work in the style or, or a copy of a work by the artist.
- In our opinion the signature is that of the artist.
- In our opinion the signature is not that of the artist
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