Arts for Human Rights Charity Auction

AUCTION TERMS & CONDITIONS OF SALE At the charity dinner on Friday 14th October 2011, entitled 'Arts for Human Rights' Phillips de Pury & Company and The Bianca Jagger Human Rights Foundation are offering items for sale via the 'Live Auction' and the 'Silent Auction' on behalf of certain donors ('Donors'). All profits from the auctions will be allocated to The Bianca Jagger Human Rights Foundation. Each item has a pre-sale estimate intended as a guide for prospective buyers. The guide prices and auction will be published and conducted in pounds sterling. The Auctioneer reserves the right to sell any item for a price lower or higher than its stated guide price and may at his discretion, at any time refuse any bid, withdraw any item from the auction or re-offer it for sale if he believes there may be an error or dispute in relation to that item. Live Auction Simon de Pury ('Auctioneer'), a leading international auctioneer from Phillips de Pury, will be conducting the 'Live Auction' for the main art items during the dinner on the evening of 14 October 2011. You may bid for any item within the catalogue listed in the 'Live Auction' section by raising your hand during the auction process in response to the auctioneer's calls for bids. You may make a donation to the Bianca Jagger Human Rights Foundation using the hand-held devices available on the dinner tables during the evening. Silent Auction A 'Silent Auction' consisting of further lots will be conducted during the course of the dinner. You may bid for any item within the catalogue listed in the 'Silent Auction' section using the hand-held devices available on the dinner tables during the evening. Auction Rules 1. The bidder having made the highest bid or offer which is accepted by the Auctioneer will be the buyer (the 'Buyer'). 2. The Buyer shall become liable to pay the amount of the bid or offer made on the striking of the Auctioneer's hammer or having been declared the winning bidder by the Auctioneer (the 'Hammer Price'), whereupon he shall have entered into and concluded a contract with The Bianca Jagger Human Rights Foundation for the purchase of that auctioned item at the Hammer Price. Phillips de Pury will not collect any buyer's premium. The purchase price will be the Hammer Price. 3. All Buyers will be requested to sign for their order while at the event as proof of purchase ('Bidders Proof of Purchase'). The signed Bidders Proof of Purchase will be given to the Buyer, and one copy retained by The Bianca Jagger Human Rights Foundation. An invoice will then be provided to the Buyer. Unless otherwise agreed, the Buyer is required to pay for a purchased lot immediately following the auction. 4. The Bianca Jagger Human Rights Foundation has sole responsibility for billing and collecting payment. 5. Personal cheques and Banker's Drafts are acceptable if drawn on a UK clearing bank. Cheques and Banker's Drafts should be made payable to 'The Bianca Jagger Human Rights Foundation.' Payment by bank transfer may be sent directly to the The Bianca Jagger Human Rights Foundation. Bank transfer details will be provided on the invoice for purchased items. 6. The Bianca Jagger Human Rights Foundation will accept payment by Visa, American Express or Mastercard credit card to pay for invoices up to £50,000. A handling charge of 2% of the purchase price, or 7% in the case of American Express, will be applied if payment is accepted by this method. 7. Payment by cheque will be accepted at the auction. Payment by credit card will be processed within 24 hours. 8. Without prejudice to any rights The Bianca Jagger Human Rights Foundation (or the Donor) may have, if the Buyer fails to make payment and The Bianca Jagger Human Rights Foundation is not in receipt of the invoiced amount in cleared funds in respect of an auctioned item within 5 days of the auction, The Bianca Jagger Human Rights Foundation may (at its discretion) either store the auctioned item at the Buyer's cost and risk; or cancel the sale of the auctioned item and resell the auctioned item. 9. In respect of auctioned items where arrangements need to be made with the Donors of those items, the Buyer will be put in contact with the Donor via The Bianca Jagger Human Rights Foundation and the Buyer authorises The Bianca Jagger Human Rights Foundation to disclose their contact details to the Donor in such circumstances. 10. Risk in any item purchased shall pass to the Buyer at the point of purchase and, for the avoidance of doubt, The Bianca Jagger Human Rights Foundation shall not be liable in respect of any items lost, stolen or damaged whilst they are held in storage. All items will be transferred to Stephen Morris Shipping at Unit 9, Ockham Drive, Greenford Park, Middlesex, UB6 0FD and will be available for collection between 0900 and 1600 Monday?Friday from Monday 17 October 2011. 11. Collection shall be the responsibility of the Buyer and any costs associated with or arising as a result of collection shall be borne by the Buyer. 12. The Buyer shall be responsible for all shipping, insurance cover and other costs relating to any item purchased by him. An initial transfer administration fee of £20 plus VAT per lot will be applicable. Storage charges will be applicable from Monday 24 October 2011 for any items not collected before that date at the rate of £4.00 plus VAT per day per lot. Insurance is charged at 0.6% of the hammer price plus buyer's premium. 13. If a purchased item is paid for but not collected within six months of the auction, the Buyer authorizes The Bianca Jagger Human Rights Foundation, upon notice, to arrange a resale of the item by auction or private sale. The proceeds of such a sale will be applied to pay for any storage charges and other outstanding costs with the remainder being donated to The Bianca Jagger Human Rights Foundation. For the avoidance of doubt, The Bianca Jagger Human Rights Foundation shall not be obliged to reimburse the original Buyer. 14. The bidders acknowledge that The Bianca Jagger Human Rights Foundation's knowledge in relation to the auctioned items is dependent upon the information provided to it by the Donor and no due diligence has been carried out on each lot. Bidders acknowledge and accept that it is their responsibility to carry out inspections and investigations to satisfy themselves as to the items in which they may be interested. 15. The Bianca Jagger Human Rights Foundation shall exercise such reasonable care when making express statements in the catalogue descriptions of the auctioned items to ensure that these accurately reflect the information provided to it by the Donor of that item. 16. All items are offered for sale in the condition they are in at the time of the auction. Any images of any item is for identification purposes only and is not intended to convey the actual condition of the item. 17. The bidders acknowledge that The Bianca Jagger Human Rights Foundation is not a professional auctioneer and does not hold itself out as such. The Bianca Jagger Human Rights Foundation does not have, nor does it hold itself out as having any expert knowledge in relation to any of the items sold at the auction. 18. All information provided to bidders in respect of any item, including but not limited to the guide price, is a statement of opinion genuinely held by The Bianca Jagger Human Rights Foundation and/or Phillips de Pury or the Auctioneer and is not a matter of fact. 19. All items are sold according to catalogue descriptions which are subject to alteration without notice until the time of sale. Subject to clause 14 above, neither The Bianca Jagger Human Rights Foundation nor Phillips de Pury & Company nor the Auctioneer can be held responsible for errors of description or for the genuineness or authenticity of any lot, or for any fault or defect in it. 20. Neither The Bianca Jagger Human Rights Foundation nor Phillips de Pury & Company is responsible for making any representations or warranties as to the auctioned items (including but not limited to whether any item is subject to copyright or whether the Buyer acquires copyright in any item). 21. Nothing in these terms and conditions shall exclude or limit The Bianca Jagger Human Rights Foundation or Phillips de Pury & Company's liability for fraudulent misrepresentation. 22. In the event of bids for auction items in excess of the minimum guide price and where the Buyer is a UK tax-payer, The Bianca Jagger Human Rights Foundation may claim Gift Aid tax relief on the excess sum. 23. These terms and conditions set out the entire agreement and understanding between the Bidders (including any Buyers) and The Bianca Jagger Human Rights Foundation and Phillips de Pury & Company in relation to the auction and the items. It is agreed that, save in respect of liability for fraudulent misrepresentation, no party has entered into any contract pursuant to these terms and conditions in reliance on any representation, warranty or undertaking which is not expressly referred to herein. 24. These terms and conditions and all transactions to which they relate or apply, shall be governed by and subject to English law. 'Arts for Human Rights' is a fundraising event organized by The Bianca Jagger Human Rights Foundation. In the event of a complaint or matter of disagreement, these should be placed in writing to The Bianca Jagger Human Rights Foundation.