Done
Godalming, Surrey, United Kingdom
Auction Details
The Bibliophile Sale
The Bibliophile Sale
Lot Number: Lowest
24
Auction Details
Bid Increments
PriceBid Increment
£0£10
£200£20
£500£50
£1,000£100
£2,000£200
£5,000£500
£10,000£1,000
£20,000£2,000
£50,000£5,000
£100,000£10,000
Preview
Tuesday 17th June 2014 9.00am - 5.00pm,
Wednesday 18th June 2014 9.00am - 5.00pm,
Day of sale from 9.00am
Dreweatts 1759
93 High Street
Godalming, Surrey GU7 1AL
UK
Buyer's Premium
- 22% up to £150,000.00
- 12% above £150,000.00
Terms & Conditions
Bloomsbury Auctions is a trading name of Greenfield Auctions Limited. Greenfield Auctions Limited is registered in England,
company number: 07546217, registered office: 10A Mount Ephraim, Tunbridge Wells, Kent TN4 8AS.
IMPORTANT NOTICES
Description and Condition of Lots
Prospective buyers must satisfy themselves concerning the
condition of the goods and the matters referred to in the catalogue
description, in accordance with section 6 of the Conditions of
Sale and Business. Solely as a convenience, Bloomsbury Auctions
may provide condition reports. Many items are of an age or
nature which precludes their being in perfect condition and some
descriptions in the catalogue, or given by way of condition report
(made either orally or in writing), make reference to damage and/
or restoration. We provide this information for guidance only and
the absence of such a reference does not imply that an item is
free from defects or restoration, nor does a reference to particular
defects imply the absence of any others.
Collation of Books
If, on collation, any NAMED items in this catalogue prove
defective, in text or illustration, the purchaser may reject the lot
provided he returns it within fourteen days stating the defect
in writing. This however will not apply in the case of un-named
items, periodicals, autograph letters, manuscripts, music, maps,
atlases, prints or drawings, nor in respect of damage to bindings,
stains, foxing, marginal wormholes or other defects not affecting
the completeness of the text, nor in respect of lack of list of plates,
inserted advertisements, cancels or subsequently published
volumes, supplements, appendices or plates or error in the
enumerating of the plates, nor in respect of defects mentioned in
the catalogue or announced at the time of sale.
Storage Charges
Purchasers are advised that a storage charge of £1.00 per lot per
day may be levied on all purchases not cleared within five working
days of the sale.
Commission Bids
Bloomsbury will execute bids on your behalf if you are unable to
attend the sale. Commission or absentee bids are accepted either
directly at reception, or can be sent by post, fax, email, telephone
or via our website. Bloomsbury will
add these bids to the auctioneers' sale book and will undertake to
purchase the lots on your behalf as cheaply as allowed by other
bids and reserves. Bloomsbury does not accept liability for failing
to execute commission bids, or for any errors or omissions.
Shipping
Bloomsbury Auctions can accommodate shipping for certain
items, please contact our Shipping Department for more
information. International Buyers are responsible for all import/
export duties and taxes. An invoice stating the actual purchase
price will accompany all international purchases.
Export Licences
A licence from the Museums, Libraries & Archives Council will be
required before items of certain kinds may be exported from the
United Kingdom. Any item containing ivory will require a CITES
licence before it can be exported from the EU.
Payment
Payment will be accepted, if you are a successful bidder, by Debit
Card drawn on a UK bank and registered to a UK billing address.
There is no additional charge for puchases made with these
cards, in cash up to £12,000 (subject to relevant money laundering
regulations), by bank transfer direct into our bank account, Bank
Details: Natwest, 214 High Holborn, London WC1V 7BX. Account
Name: Bloomsbury Auctions Clients Limited. A/C: 26702975
Sort Code: 60-30-06 BIC: NWBK GB 2L IBAN: GB82 NWBK 6030
0626702975 or by all major UK issued credit cards registered to a
UK billing address with the exception of American Express and Diners Club. A surcharge of 3% is payable on all payments made by
credit card. This surcharge does not apply to debit card payments.
Payment may also be made by Sterling personal cheques drawn on
a UK bank account but Bloomsbury regrets that purchases paid for
by this method cannot be collected until your cheque has cleared.
Artist's Resale Rights ('Droit de Suite')
Lots marked with an delta symbol (') are subject to the Artist's
Resale Right Law.The buyer agrees to pay Bloomsbury Auctions
an amount equal to the resale royalty and we will pay such amount
to the artist's collecting agent. Resale royalty applies where the
Hammer price is 1,000 Euros or more and the amount cannot be
more than 12,500 Euros per lot.The amount is calculated as follows:
Royalty For the portion of the Hammer Price (in Euros)
4.00% up to 50,000
3.00% between 50,000.01 and 200,000
1.00% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
0.25% in excess of 500,000
Invoices will, as usual, be issued in Pounds Sterling. For the
purposes of calculating the resale royalty the Pounds Sterling/ Euro
rate of exchange will be the European Central Bank reference rate
on the day of the sale.
VAT
Zero-rated items such as books, unframed maps and albums are
not subject to VAT on the buyer's premium. Eligible items such
as manuscripts, prints, photographs, drawings, framed maps,
paintings, pens and other objects are subject to VAT on the buyer's
premium as part of the auctioneers margin scheme at a rate of
24%. This will be invoiced at a rate inclusive of premium and VAT.
Lots with an asterisk (*) in the catalogue are subject to VAT on the
hammer price as well as the buyer's premium. Lots marked with a
double asterisk (**) have been imported from outside the EU to be
sold at auction, and therefore the buyer must pay the import at a
rate of 5% on the hammer and 24% on the buyer's premium.
Valuations
We undertake valuations for Probate and Insurance, fees being
agreed by prior arrangement. If items are subsequently consigned
for sale, the fees will be refunded.
Annual Catalogue Subscriptions UK Overseas
Full subscription (approx. 80 sales) £450 £600
All Visual Arts (approx 22. sales) £200 £300
19th Century and earlier Pictures & Prints (approx. 14 sales) £130 £200
Modern & Contemporary Prints (approx. 4 sales) £50 £80
Urban Contemporary (approx. 2 sales) £25 £40
Photographs (approx. 2 sales) £25 £40
Books, Manuscripts and Maps (approx. 20 sales) £200 £300
Antique Furniture: including Garden Statuary, Rugs & Textiles (approx. 10 sales) £120 £170
Jewellery, Silver & Watches: including Vintage Pens
and Luxury Accessories (approx. 8 sales) £90 £130
Asian Art: Ceramics & Works of Art (approx. 4 sales) £40 £55
Ceramics & Decorative Arts (approx 3. sales) £25 £40
Clocks & Scientific Instruments (approx. 4 sales) £35 £45
Fine Wine, Port & Champagne (approx. 6 sales) £20 £30
Medals and Militaria (approx. 3 sales) £25 £40
Transport: including Railwayana and other collectibles (approx. 3 sales) £25 £40
Opening hours: We are open Monday to Friday 9.30am to 5.30pm
Live Internet Bidding To register to bid live via the internet or to
follow the sale go to www.liveauctioneers.com. Bloomsbury Auctions does not accept liability
for any failure of these services.
These Conditions of Sale and Business constitute the contract between Bloomsbury Auctions (the 'Auctioneer') and the
seller, on the one hand, and the buyer on the other. By bidding at the auction, you agree to be bound by these terms.
INFORMATION FOR BUYERS
1. Introduction.The following informative notes are intended to assist
Buyers, particularly those inexperienced or new to our salerooms. All sales
are conducted on our printed Conditions of Sale which are readily available
for inspection and normally accompany catalogues. Our staff will be happy
to help you if there is anything you do not fully understand.
2. Agency. As auctioneers we usually contract as agents for the seller whose
identity, for reasons of confidentiality, is not normally disclosed. Accordingly
if you buy your primary contract is with the seller.
3. Estimates. Estimates are designed to help buyers gauge what sort of sum
might be involved for the purchase of a particular lot. The lower estimate may
represent the reserve price and certainly will not be below it. Estimates do
not include the Buyer's Premium or VAT (where chargeable). Estimates are
prepared some time before the sale and may be altered by announcement
before the sale. They are in no sense definitive.
4. Buyer's Premium. The Buyer agrees to pay a buyer's premium on the
hammer price of each lot purchased. The buyer's premium is 24% (28.8%
including VAT) of the hammer price on each lot up to and including £150,000,
plus 12% (14.40% including VAT) for any amount in excess of £150,0001.
5. VAT. (*) indicates that VAT is payable by the purchaser at the standard
rate (presently 20%) on the hammer price as well as being an element in
the buyer's premium. This imposition of VAT is likely to be because the seller
is registered for VAT within the European Union and is not operating the
Dealers Margin Scheme or because VAT is due at 20% on importation into
the UK. The double symbol (**) indicates that the lot has been imported
from outside the European Union and the present position is that these lots
are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the
hammer price and the buyer's premium). Lots which appear without either
of the above symbols indicate that no VAT is payable on the hammer price.
This is because such lots are sold using the Auctioneers' Margin Scheme
and it should be noted that the VAT included within the Premium is not
recoverable as input tax.
6. Descriptions and Conditions. Condition reports are provided on our
website or upon request. The absence of a report does not imply that a lot is
without imperfections. The detail in a report will reflect the estimated value
of the lot, and large numbers of such requests received shortly before the
sale may not receive a response to all lots. Members of staff are not trained
restorers or conservators and, particularly for higher value lots, you should
obtain an opinion from such a professional. We recommend that you always
view a lot in person.
We are, primarily, agents for the seller. We are dependent on information
provided by the seller and whilst we may inspect lots and act reasonably
in taking a general view about them we are normally unable to carry out a
detailed or any examination of lots in order to ascertain their condition in the
way in which it would be wise for a buyer to do. Intending buyers have ample
opportunity for inspection of goods and, therefore, accept responsibility for
inspecting and investigating lots in which they may be interested. Please
note carefullythe exclusion of liability for the condition of lots contained in
the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept
any responsibility for their condition. In particular, mechanical objects of any
age are not guaranteed to be in working order. However, in so far as we have
examined the goods and make a representation about their condition, we
shall be liable for any defect which that examination ought to have revealed
to the auctioneer but which would not have been revealed to the buyer had
the buyer examined the goods. Additionally, in specified circumstances lots
misdescribed because they are 'deliberate forgeries' may be returned and
repayment made. There is a 3 week time limit. (The expression 'deliberate
forgery' is defined in our Conditions of Sale).
7. Electrical goods.These are sold as 'antiques' only and if bought for use
must be checked over for compliance with safety regulations by a qualified
electrician first.
8. Export of goods. Buyers intending to export goods should ascertain (a)
whether an export licence is required and (b) whether there is any specific
prohibition on importing goods of that character because, e.g. they may
contain prohibited materials such as ivory. Ask us if you need help.
9. Bidding. Bidders may be required to register before the sale commences
and lots will be invoiced to the name and address on the registration form.
Some form of identification may be required if you are unknown to us.
Please enquire in advance about our arrangements for telephone bidding.
10. Commission bidding. Commission bids may be left with the auctioneers
indicating the maximum amount to be bid excluding buyers' premium. They
will be executed as cheaply as possible having regard to the reserve (if any)
and competing bids. If two buyers submit identical commission bids the
auctioneers may prefer the first bid received. Please enquire in advance
about our arrangements for the leaving of commission bids by telephone
or fax.
11. Methods of Payment.The following methods of payment are acceptable.
Debit Card drawn on a UK bank and registered to a UK billing address.
There is no additional charge for puchases made with these cards.
Bank transfer direct into our bank account, all transfers must state
the relevant sale number, lot number and your bid / paddle number. If
transferring from a foreign currency, the amount we receive must be the
total due in pounds sterling (after currency conversion and the deduction
of any bank charges). Our bank details can be found on the front or your
invoice or in the sale catalogue under 'Important Notices'.
Sterling cash payments of up to £12,000 (subject to money laundering
regulations). All major UK issued credit cards registered to a UK billing
address with the exception of American Express and Diners Club. A
surcharge of 3% is payable on all payments made by credit cards. Sterling
personal cheques drawn on a UK bank account and made payable to
'Bloomsbury Auctions'. It will be necessary to allow at least six working days
for the cheque to clear before collecting your purchases.
12. Collection and storage. Please note what the Conditions of Sale state
about collection and storage. It is important that goods are paid for and
collected promptly. Any delay may involve the buyer in paying storage
charges.
13. Droit de suite royalty charges. From 1st January 2012 all UK art market
professionals (which includes but is not limited to; auctioneers, dealers,
galleries, agents and other intermediaries) are required to collect a royalty
payment for all works of art that have been produced by qualifying artists
each time a work is re-sold during the artist's lifetime and for a period up
to 70 years following the artists death. This payment is only calculated on
qualifying works of art which are sold for a hammer price more than the UK
sterling equivalent of EURO 1,000 ' the UK sterling equivalent will fluctuate
in line with prevailing exchange rates.
It is entirely the responsibility of the buyer to acquaint himself with the
precise EURO to UK Sterling exchange rate on the day of the sale in this
regard, and the auctioneer accepts no responsibility whatsoever if the
qualifying rate is different to the rate indicated.
All items in this catalogue that are marked with ' are potentially qualifying
items, and the royalty charge will be applied if the hammer price achieved
is more than the UK sterling equivalent of EURO 1,000.The royalty charge
will be added to all relevant buyers' invoices, and must be paid before items
can be cleared. All royalty charges are passed on to the Design and Artists
Copyright Society ('DACS'), no handling costs or additional fees with
respect to these charges will be retained by the auctioneers.
The royalty charge that will be applied to qualifying items which achieve a
hammer price of more than the UK sterling equivalent of EURO 1,000, but
less than the UK sterling equivalent of EURO 50,000 is 4%. For qualifying
items that sell for more than the UK sterling equivalent of EURO 50,000 a
sliding scale of royalty charges will apply ' for a complete list of the royalty
charges and threshold levels, please see www.dacs.org.uk. There is no VAT
payable on this royalty charge.
TERMS OF CONSIGNMENT FOR SELLERS
1. Interpretation. In these Terms the words 'you', 'yours', etc. refer to the
Seller and if the consignment of goods to us is made by an agent we assume
that the Seller has authorised the consignment and that the consignor has
the Seller's authority to contract. Similarly the words 'we', 'us', etc. refer to
the Auctioneers.
2. Commission is charged to sellers at the following rates:- please enquire
at our salerooms.
3. Removal costs. Items for sale must be consigned to the saleroom by any
stated deadline and at your expense. We may be able to assist you with this
process but any liability incurred to a carrier for haulage charges is solely
your responsibility.
4. Loss and damage of goods.
(a) Loss and Damage Warranty - Bloomsbury Auctions is not authorised by
the FSA to provide insurance to its clients, and does not do so. However
Bloomsbury Auctions for its own protection, assumes liability for property
consigned to it at the lower pre-sale estimate until the hammer falls. To
justify accepting liablilty, Bloomsbury Auctions makes a charge of 1.5%
of the hammer price plus VAT, subject to a minmum charge of £1.50, or if
unsold 1.5% of our lower estimate. The liability assumed by Bloomsbury
Auctions shall be limited to the lower presale estimate or the hammer price
if the lot is sold.
(b) If the owner of the goods consigned instructs us in writng not to take
such action, the goods then remain entirely at the owners risk unless and
until the property in them passes to the Buyer or they are collected by or on
behalf of the owner, and clause 4 (a) is inapplicable 5. Illustrations.The cost of any illustrations is borne by you. If we consider
that the Lot should be illustrated your permission will be asked first. The
copyright in respect of such illustrations shall be the property of us, the
auctioneers, as is the text of the catalogue.
6. Minimum bids and our discretion. Goods will normally be offered subject
to a reserve agreed between us before the sale in accordance with clause 7.
We may sell Lots below the reserve provided we account to you for the same
sale proceeds as you would have received had the reserve been the hammer
price. If you specifically give us a 'discretion' we may accept a bid of up to
10% below the formal reserve.
7. Reserves.
(a) You are entitled to place prior to the auction a reserve on any lot
consigned, being the minimum hammer price at which that lot may be sold.
Reserves must be reasonable and we may decline to offer goods which in
our opinion would be subject to an unreasonably high reserve (in which case
goods carry the storage and insurance charges stipulated in these Terms of
Consignment).
(b) A reserve once set cannot be changed except with our consent.
(c) Where a reserve has been placed only we may bid on your behalf and only
up to the reserve (if any) and you may in no circumstances bid personally.
8. Electrical items. These are subject to detailed statutory safety controls.
Where such items are accepted for sale you accept responsibility for the
cost of testing by external contractors. Goods not certified as safe by an
electrician (unless antiques) will not be accepted for sale. They must be
removed at your expense on your being notified. We reserve the right to
dispose of unsafe goods as refuse, at your expense.
9. Soft furnishings. The sale of soft furnishings is strictly regulated by
statute law in the interests of fire safety. Goods found to infringe safety
regulations will not be offered and must be removed at your expense. We
reserve the right to dispose of unsafe goods as refuse, at your expense.
The rights of disposal referred to in clause 8 and 9 are subject to the
provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a
copy of which is available for inspection on request
10. Descriptions. Please assist us with accurate information as to the
provenance etc. of goods where this is relevant. There is strict liability for
the accuracy of descriptions under modern consumer legislation and in
some circumstances responsibility lies with sellers if inaccuracies occur.
We will assume that you have approved the catalogue description of your
lots unless informed to the contrary. Where we are obliged to return the
price to the buyer when the lot is a deliberate forgery under Condition 15
of the Conditions of Sale and we have accounted to you for the proceeds of
sale you agree to reimburse us the sale proceeds.
11. Unsold and withdrawn items. If an item is unsold it may with your consent
be re-offered at a future sale. Where in our opinion an item is unsaleable you
must collect such items from the saleroom promptly on being so informed.
Otherwise, storage charges may be incurred. We reserve the right to charge
for storage in these circumstances at a reasonable daily rate.
12. Withdrawn and bought in items. These are liable to incur a charge of
15% commission, 1.5 % Loss and Damage Warranty and any other costs
incurred including but not limited to illustration and restoration fees all of
these charges being subject to VAT on being bought in or withdrawn after
being catalogued.
13. Conditions of Sale. You agree that all goods will be sold on our Conditions
of Sale. In particular you undertake that you have the right to sell the goods
either as owner or agent for the owner. You undertake to compensate us and
any buyer or third party for all losses liabilities and expenses incurred in
respect of and as a result of any breach of this undertaking. We will also, at
our discretion, and as far as practicable, confirm that an item consigned for
sale does not appear on the Art Loss register, which is administered by an
independent third party.
14. Authority to deduct commission and expenses and retain premium and
interest.
(a) You authorise us to deduct commission at the stated rate and all
expenses incurred for your account from the hammer price and consent to
our right to retain beneficially the premium paid by the buyer in accordance
with our Conditions of Sale and any interest earned on the sale proceeds
until the date of settlement.
(b) You authorise us in our discretion to negotiate a sale by private treaty
not later than the close of business 48 hours after the day of sale in the case
of lots unsold at auction, in which case the same charges will be payable as
if such lots had been sold at auction and so far as appropriate these Terms
apply.
15. Warehousing. We disclaim all liability for goods delivered to our
saleroom without sufficient sale instructions and reserve the right to make
minimum warehousing charge of £10 per lot per day. Unsold lots are subject
to the same charges if you do not remove them within a reasonable time of
notification. If not removed within three weeks we reserve the right to sell
them and defray charges from any net proceeds of sale or at your expense to
consign them to the local authority for disposal.
16. Settlement. After sale settlement of the net sum due to you normally
takes place within 28 days of the sale (by crossed cheque to the seller)
unless the buyer has not paid for the goods. In this case no settlement will
then be made but we will take your instructions in the light of our Conditions
of Sale. You authorise any sums owed by you to us on other transactions to
be deducted from the sale proceeds. You must note the liability to reimburse
the proceeds of sale to us as under the circumstances provided for in
Condition 10 above. You should therefore bear this potential liability in mind
before parting with the proceeds of sale until the expiry of 28 days from the
date of sale.
CONDITIONS OF SALE
Bloomsbury Auctions carries on business with bidders, buyers and all
those present in the auction room prior to or in connection with a sale on
the following General Conditions and on such other terms, conditions and
notices as may be referred to herein.
1. Definitions
In these Conditions:
(a) 'auctioneer' means the firm of Bloomsbury Auctions or its authorised
auctioneer, as appropriate;
(b) 'deliberate forgery' means an imitation made with the intention of
deceiving as to authorship, origin, date, age, period, culture or source but
which is unequivocally described in the catalogue as being the work of a
particular creator and which at the date of the sale had a value materially less
than it would have had if it had been in accordance with the description;
(c) 'hammer price' means the level of bidding reached (at or above any
reserve) when the auctioneer brings down the hammer;
(d) 'terms of consignment' means the stipulated terms and rates of
commission on which Bloomsbury Auctions accepts instructions from
sellers or their agents;
(e) 'total amount due' means the hammer price in respect of the lot sold
together with any premium, Value Added Tax chargeable and any additional
charges payable by a defaulting buyer under these Conditions;
(f) 'sale proceeds' means the net amount due to the seller, being the
hammer price of the lot sold less commission at the stated rate, Value
Added Tax chargeable and any other amounts due to us by the seller in
whatever capacity and however arising;
(g) 'You', 'Your', etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding procedures and the Buyer
(a) Bidders are required to register their particulars before bidding and to
satisfy any security arrangements before entering the auction room to view
or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the
sale shall be the buyer at the hammer price and any dispute about a bid
shall be settled at the auctioneer's absolute discretion by reoffering the
Lot during the course of the auction or otherwise. The auctioneer shall act
reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Our right to bid on behalf of the seller is expressly reserved up to the
amount of any reserve and the right to refuse any bid is also reserved.
3. Increments
Bidding increments shall be at the auctioneer's sole discretion.
4. The purchase price
together with a premium thereon of 28.8% which shall include VAT on the
premium at the rate imposed by law. The buyer will also be liable for any
royalties payable under Droit de Suite as set out under Information for
Buyers.
5. Value Added Tax
Value Added Tax on the hammer price is imposed by law on all items
affixed with an asterisk or double asterisk. Value Added Tax is charged at
the appropriate rate prevailing by law at the date of sale and is payable by
buyers of relevant Lots. (Please refer to 'Information for Buyers' for a brief
explanation of the VAT position).
6. Payment
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing
from you to us on any account whatever without regard to any directions of
you or your agent, whether express or implied.
(3) Buyers who utilise the services of ATG Live Auctions or any other live
internet services are hereby informed that the payment method details
that are provided to ATG Live Auctions or any other live internet services as
part of the process of registration will, in the absence of compliance with
paragraph (1) of this clause, be utilised by us to settle any amounts owing
by such buyers to us.
7. Title and collection of purchases
(1) The ownership of any Lots purchased shall not pass to you until you have
made payment in full to us of the total amount due.
(2) You shall at your own risk and expense take away any lots that you have
purchased and paid for not later than 3 working days following the day of the
auction or upon the clearance of any cheque used for payment after which
you shall be responsible for any removal, storage and insurance charges.
(3) No purchase can be claimed or removed until it has been paid for.
(4) Bloomsbury Auctions is unable to arrange packaging or shipping of items.
Successful buyers must make these arrangements independently, though
the saleroom may be able to suggest specialist shipping companies who can
advise buyers, this advice is not a recommendation and the saleroom is not
liable for any aspect of the packaging and shipping process. Please note
that the cost of packaging and shipping depends on the size/weight of the
item(s) purchased, insurance requirements, and the shipping destination,
not on the value of the item(s) purchased. Please note that any items not
collected within one week of the sale date may be automatically removed to
commercial storage and subject to a storage charge.
8. Remedies for non-payment or failure to collect purchases
(1) If any Lot is not paid for in full and taken away in accordance with these
Conditions or if there is any other breach of these Conditions, we, as agent
for the seller and on our own behalf, shall at our absolute discretion and
without prejudice to any other rights we may have, be entitled to exercise
one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall
be responsible for any resulting deficiency in the total amount due (after
crediting any part payment and adding any resale costs). Any surplus so
arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of
storage, either at our premises or elsewhere;
e) to charge interest at a rate not exceeding 1.5% per month on the total
amount due to the extent it remains unpaid for more than 3 working days
after the sale;
(g) to retain that or any other Lot sold to you until you pay the total amount
due;
(h) to reject or ignore bids from you or your agent at future auctions or to
impose conditions before any such bids shall be accepted;
(i) to apply any proceeds of sale of other Lots due or in future becoming due
to you towards the settlement of the total amount due and to exercise a lien
(that is a right to retain possession of) any of your property in our possession
for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights
and remedies only so far as is reasonable to make appropriate recovery in
respect of breach of these conditions
9. Third party liability
All members of the public on our premises are there at their own risk and
must note the layout of the accommodation and security arrangements.
Accordingly neither the auctioneer nor our employees or agents shall incur
liability for death or personal injury (except as required by law by reason of
our negligence) or similarly for the safety of the property of persons visiting
prior to or at a sale.
10. Commission bids
Whilst prospective buyers are strongly advised to attend the auction and
are always responsible for any decision to bid for a particular Lot and shall
be assumed to have carefully inspected and satisfied themselves as to
its condition we will if so instructed clearly and in writing execute bids on
their behalf. Neither the auctioneer nor our employees or agents shall be
responsible for any failure to do so save where such failure is unreasonable.
Where two or more commission bids at the same level are recorded we
reserve the right in our absolute discretion to prefer the first bid so made.
11. Warranty of title and availability
The seller warrants to the auctioneer and you that the seller is the true
owner of the property consigned or is properly authorised by the true owner
to consign it for sale and is able to transfer good and marketable title to the
property free from any third party claims.
12. Agency
The auctioneer normally acts as agent only and disclaims any responsibility
for default by sellers or buyers.
13. Terms of sale
The seller acknowledges that Lots are sold subject to the stipulations
of these Conditions in their entirety and on the Terms of Consignment as
notified to the consignor at the time of the entry of the Lot.
14. Descriptions and condition
(1) Whilst we seek to describe lots accurately, it may be impractical for us
to carry out exhaustive due diligence on each lot. Prospective buyers are
given ample opportunities to view and inspect before any sale and they (and
any independent experts on their behalf) must satisfy themselves as to the
accuracy of any description applied to a lot. Prospective buyers also bid
on the understanding that, inevitably, representations or statements by us
as to authorship, genuineness, origin, date, age, provenance, condition or
estimated selling price involve matters of opinion. We undertake that any
such opinion shall be honestly and reasonably held and accept liability for
opinions given negligently or fraudulently. Subject to the foregoing neither
we the auctioneer nor our employees or agents nor the seller accept liability
for the correctness of such opinions and all conditions and warranties,
whether relating to description, condition or quality of lots, express, implied
or statutory, are hereby excluded. This Condition is subject to the next
following Condition concerning deliberate forgeries and applies save as
provided for in paragraph 6 'information to buyers'.
(2) Private treaty sales made under these Conditions are deemed to be sales
by auction for purposes of consumer legislation.
15. Forgeries
Notwithstanding the preceding Condition, any Lot which proves to be a
deliberate forgery (as defined) may be returned to us by you within 21 days
of the auction provided it is in the same condition as when bought, and is
accompanied by particulars identifying it from the relevant catalogue
description and a written statement of defects. If we are satisfied from the
evidence presented that the Lot is a deliberate forgery we shall refund the
money paid by you for the Lot including any buyer's premium provided that
(1) if the catalogue description reflected the accepted view of scholars and
experts as at the date of sale or (2) you personally are not able to transfer
a good and marketable title to us, you shall have no rights under this
condition. The right of return provided by this Condition is additional to any
right or remedy provided by law or by these Conditions of Sale.
General
16. We shall have the right at our discretion, to refuse admission to our
premises or attendance at our auctions by any person.
17. (1) Any right to compensation for losses liabilities and expenses incurred
in respect of and as a result of any breach of these Conditions and any
exclusions provided by them shall be available to the seller and/or the
auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the
benefit of employees and agents of the seller and/or the auctioneer who may
themselves enforce them.
18. Any notice to any buyer, seller, bidder or viewer may be given by first
class mail, email or Swiftmail in which case it shall be deemed to have been
received by the addressee 48 hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes
of items in which case the descriptions must be interpreted in accordance
with any glossary appearing at the commencement of the catalogue.
20. Any indulgence extended to bidders, buyers or sellers by us
notwithstanding the strict terms of these Conditions or of the Terms of
Consignment shall affect the position at the relevant time only and in
respect of that particular concession only; in all other respects these
Conditions shall be construed as having full force and effect.
21. English law applies to the interpretation of these Conditions.
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