european auction

CONDITIONS OF SALE 1. The HIGHEST Bidder shall be the Buyer, and if any dispute arises between two or more Bidders the Lot so in dispute shall be immediately put up again and resold at the discretion of the Auctioneer. 2. The Auctioneer has the right to advance the bidding at his absolute discretion. 3. In the case of Lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller. 4. The Buyer shall pay the hammer price plus a Premium of 5% together with VAT at the standard rate in addition to the Bid Price and the Buyer shall acknowledge that the Auctioneer may also receive commission from the seller. 5. Prospective buyers are advised to attend the Auction. The Auctioneers will, however, if instructed, execute Bids provided in writing in advance of the Auction or Bids by telephone but neither the Auctioneer nor his employees shall be liable to either the Buyer or the Seller for any neglect or failure to do so. In the event that the Auctioneers receive commission Bids on a Lot for identical amounts and at Auction those Bids are the highest for that Lot, the Lot shall be knocked down to the person whose commission Bid was received first. The Auctioneer will only Bid up to the maximum Bid stated, and if the Bidding is such that if a Buyer in the room Bids an identical amount to the commission Bid, unless expressly authorised the Auctioneer may not Bid higher on behalf of this person, and the Lot will be knocked down to the Bidder in the room. Absentee bids left which do not correspond to our usual increments of bidding (ie ?102) will be rounded down to the nearest increment (ie ?100) 6. Each Lot is sold by the Seller thereof with all faults and defects therein and with all errors of description and is to be taken and paid for whether genuine and authentic or not and no compensation shall be paid for same. It shall be assumed that the Purchaser has inspected the Lots bought on the view day prior to the Sale. 7. The property in a Lot shall not pass to the Buyer until he has paid the purchase price in full. 8. MONTANA ANTIQUES act as agents only and 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 in writing by the Seller to so certify and in such case the Auctioneers do so as agents of the Seller and are not themselves responsible for such claims. 8a. 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 same made by the Auctioneer from the rostrum prior to any Bid being accepted for the Lot. 9. All statements, whether printed in the catalogue or made orally as to any of the matters set out in 8 (above) are statements of opinion and are not to be taken as being or implying any warranties or representations of fact by MONTANA ANTIQUES unless they have been instructed by the Seller to so certify. 10. MONTANA ANTIQUES disclaim any responsibility for default by either the Buyer of the Seller because they act as Agents for the Seller only and therefore do not pay out to the Seller until payment is received from the Buyer. Instructions given by telephone are accepted at the Sender?s risk and must be confirmed in writing forthwith. 11. LOSS OR DAMAGE. MONTANA ANTIQUES disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees. 12. INDEMNITY. The seller shall duly indemnify MONTANA ANTIQUES against any claims in connection with any goods sold by MONTANA ANTIQUES on the Sellers behalf. 13. The Lots are to be taken away at the Buyers expense and paid for within FOUR DAYS of the Sale. 14. In the event that Lots remain uncollected, the Buyer shall be responsible to pay storage charges after a period of 14 days from the Sale Date at the rate of $1 per day per lot, unless a prior arrangement has been made. 15. To prevent inaccuracy in delivery, and inconvenience in the settlement of the purchases, items may be collected during the Sale providing an invoice from the Clerk is handed to a porter. 16. The Auctioneer accepts no responsibility for items unsold; these must be removed within THREE DAYS after the Sale, unless a request for a further entry is made IN WRITING. 17. If a Lot is unsold at Auction MONTANA ANTIQUES are authorised to sell such a Lot privately for a price that will result in a payment to the Seller of not less than the net amount?ie. After deduction of commission and expenses? to which the Seller would have been entitled had the Lot been sold at the reserve price or at the Auctioneers Discretion. 18. Upon failure to comply with above conditions the Lots uncleared within the time aforesaid shall be resold by public or private sale, and the deficiency (if any) together with commission and all charges attending such a resale, shall be made good by the defaulter. 19. RESERVES. All goods are put up for sale WITHOUT RESERVE unless written instructions are received by MONTANA ANTIQUES prior to the commencement of the Sale. In the event of any reserve price not being reached at auction, MONTANA ANTIQUES are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on MONTANA ANTIQUES premises. In the event of such a sale by private treaty, the conditions of sale applicable to a Buyer governing the auction will apply. 20. The Auctioneer accepts no responsibility in connection with the commissioning of their staff to bid for any lots. Reserves and commissions given by telephone are accepted at the sender?s risk and must be confirmed in writing before the date of the sale. 21. These conditions shall be governed by and construed in accordance with English law 22. SHIPPING. We can only offer an in-house shipping 23.PAYMENT The purchase price is calculated from the hammer price and the Buyer's premium. VAT (currently 5%) is charged on the Buyer's premium. VAT we accept only bank transfers the buyer's payment is made by way of wire transfer in USD currency Invoices are mailed shortly after the auction All purchases must be paid in full within 4 days of the auction. All bids are legally binding and all sales are final