Bowler & Binnie Auctioneers carries on business with bidders, buyers and 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. In these terms of business Bowler & Binnie Auctioneers Ltd is referred to as 'Bowler & Binnie'.
1. DEFINITIONS
In these Conditions:
"auctioneer" means the firm of Bowler & Binnie or its authorised auctioneer, as appropriate;
"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 sale had a value materially less than it would have had if it had been in accordance with the description;
"hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
"terms of consignment" means the stipulated terms and rates of commission on which Bowler & Binnie accepts instructions from sellers or their agent;
"total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any other additional charges payable by a defaulting buyer under these Conditions;
"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;
"You", "Your", etc. refer to the buyer as identified in Condition 2.
The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER
Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid.
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 the bid, which must be raised before the next lot is offered, shall be settled at the auctioneer's absolute discretion.
Bidders shall be deemed to act as principals
Once made, no bid may be withdrawn
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
The buyer shall pay the hammer price together with a premium thereon of 20% plus VAT on the premium at the rate imposed by law.
5. VALUE ADDED TAX
Value Added Tax on the hammer price as imposed by law on all item affixed with an asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of the sale and is payable by buyers of relevant lots.
6. PAYMENT
Immediately a Lot is sold you will:
Give to us, if requested, proof of identity.
Pay to us the total amount due in cash or such other way as is agreed by us. We accept cash, debit card, credit card , bank transfer (details available on request) and banker's draft in pounds sterling. Debit and Credit card payments can only be accepted if the buyer is present. We do not accept American Express or Diners Club.
Any payment 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
7. TITLE & COLLECTION OF PURCHASES
The ownership of any Lots purchased shall not pass to you until you have made payment in full to us for the total amount due.
You shall at your own risk and expense take away any lots that you have purchased and paid for not later than five working days following the day of auction providing that all payments have cleared our account to include cheque or bank transfer payments, after which you shall be responsible for any removal, storage and insurance charges.
No purchase can be claimed or removed until it has been paid for.
8. REMEDIES FOR NON PAYMENT OR FAILURE TO COLLECT PURCHASES
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 shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise all or any of the following rights and remedies:
to proceed against you for damages for breach of contract;
to rescind the sale of the Lot and/or any other Lots sold by us to you;
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;
to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
to charge interest at a rate not exceeding 1.5% above the current base rate per month on the total amount due to the extent it remains unpaid for more than five working days after the sale;
to retain that or any other Lot sold to you until you pay the total amount due;
reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
to apply any proceeds of sale or 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) on any of your property in our possession for any purpose
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out 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 or persons visiting prior to or at a sale.
10. COMMISSION BIDS
While 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 neglect or default in so doing or failing to do so. 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. Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price
11. WARRANT OF TITLE & AVAILABILITY
The seller warrants to the auctioneer and to 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 encumbrance and 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 stipulation of these Conditions in their entirety and on the Terms of Consignments as notified to the consignor at the time of the entry of the Lot.
14. STANDARD VENDOR CHARGES
You will pay 20% of the hammer price of each lot which sells. Loss and Damage Warranty is 20p on the value of each lot. A listing fee of £2.00 per lot will be applied to all sold lots and a charge of 50p on unsold lots- this will cover photography and marketing of item/s submitted to auction.
Bowler & Binnie reserves the right to charge a Withdrawal Fee of up to 20% of the reserve or lower estimated selling price and to return any items to the Vendor at the Vendor's cost.
Please note that VAT is applicable at the current rate on all commission, premiums and charges
15. DROIT de SUITE
(ARR) indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the UK on 14th February 2006. In accordance with legislation we are required to collect a Royalty for all qualifying works of art. This legislation was updated in January 2012 to include living artists and artists who have died in the last seventy years. This Royalty will be charged to the Buyer on the hammer price and in addition to the buyer's premium / commission rate. The Royalty rate only applies to works of art where the hammer price exceeds €1,000 (Euros). The rate is applied at 4% on works selling for €1,000 and up to €50,000. This means that if you purchase a lot which includes a work of art by a qualifying artist and it sells for over 1,000 Euros and below 50,000 Euros then you are required to pay the surcharge of 4% of the hammer price to The Design and Artists Copyright Society (DACS). Browns will detail this DACS payment on your invoice and the ARR will be paid across to DACS. A sliding scale applies to works of art selling for over 50,000 Euros. Royalties in their entirety are paid to the Design and Artists Copyright Society (DACS) and no handling fees or costs are retained by the Auctioneer. Resale Royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the Sale. Royalties are not subject to VAT charges. If you have further queries then please contact the DACS helpline on 0845 410 3410 or alternatively email
[email protected] or visit www.dacs.org.uk
16. DESCRIPTIONS & CONDITION
Whilst Bowler & Binnie makes every effort to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers and any independent expert acting on the buyer's behalf are given ample opportunities to view and inspect before the sale and they must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, any representation or statement by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Subject to the foregoing neither the auctioneer nor its employees or agent 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.
Private treaty sales made under these Conditions are deemed to be sales by auction for purpose of consumer legislation
17. FORGERIES
Notwithstanding the proceeding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 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 for the Lot including any buyer's premium (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of the 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.
18. GENERAL
We shall have the right at our discretion to refuse admission to our premises or attendance at our auctions by any person.
19.
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.
20.
Any indemnity or exclusion under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and the auctioneer declares itself to be a trustee of the benefit of every such clause so far as it is expressed to be for the benefit of its employees and agents.
21.
Any notice to the buyer, seller, bidder or viewer may be given by first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
22.
Special terms may be used in catalogue descriptions or particular classes of items in which case the description must be interpreted in accordance with any glossary appearing within the catalogue.
23.
Any indulgence extended to buyer or sellers by us notwithstanding the strict terms of these conditions or of the Terms of Consignment shall effect 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.
Buying
We aim to make buying and selling through Bowler & Binnie Auctioneers Ltd a simple and enjoyable process. Below you will find some useful information to help you but if you are unsure of any aspect then please do not hesitate to ask a member of staff for assistance.
Registration
Prior to bidding all buyers must register to bid and obtain a paddle number at the office. For buyers who are unable to attend then confirmation of your name, address and contact telephone number must be emailed to our office.
Bidding Procedures
There are four easy methods of bidding with Bowler & Binnie:
undefined Attending the Sale & Bidding in Person
After registration you will be given a paddle or bidder number. The Auctioneer will call out the lot number and bidding shall commence with preset increments, should you wish to bid you must raise your paddle and continue bidding until the point where you are the highest bidder or you decide to stop, if successful the Auctioneer will note down your paddle number. In the case of a dispute in regard to price or buyer then this must be drawn to the Auctioneer's attention prior to the offering of the next lot.
Leaving a Commission Bid
If you are unable to attend the auction then you can instruct Bowler & Binnie to bid on your behalf. This is known as a Commission Bid and it is a free and confidential service. We accept Commission bids either by written instruction with the completion of a Commission bid form, telephone, email or fax. We shall then bid on your behalf up to the maximum level that you have set. All bids are dependent upon bidding activity in the room, any other commission bids left or reserves, etc. Lots will be purchased as cheaply as possible in line with room activity. In the event that two commission bids have been left for the same account, then priority will be given to the earliest bid received.
Telephone Bidding
With prior arrangement a telephone bid can be arranged with a telephone line booked on single or multiple lots. A member of staff shall call you from the Saleroom just before your lot number is offered for sale and you can then instruct us on a live telephone line to bid or to stop on your behalf. We always ask that you leave us a main telephone number and a back up number in case of difficulties contacting you. It is always recommended that a covering bid be left in the unfortunate event that we are unable to make contact. All telephone lines must be booked with us no later than 9.00am on the morning of the sale.
Online / Internet Bidding
Additionally all sales allow buyers the opportunity to bid from the comfort of their own home using our live online bidding services. To register your details please visit www.the-saleroom.com or www.easyliveauction.com. Please note that all lots purchased on www.the-saleroom.com will be subject to an additional 4.95% commission charge plus VAT and all lots purchased on www.easyliveauction.com will be subject to an additional 3.00% commission charge plus VAT.
Buyers Premium
A buyer's premium of 20% of the hammer price is charged on all lots purchased at the auction. VAT is payable on the buyer's premium.
Payment
You can pay in person by cash, cheque, banker's draft, debit card or credit card.
If you are NOT PRESENT payment must be made via bank transfer, bankers draft or cheque. Our account details are available upon request. Please not that if paying by bank transfer then you will need to quote your paddle or bidding number as a reference when sending funds.
All payments MUST be made within five working days of the sale and all funds must have cleared our account prior to collection.
Collection of Goods
If you have paid for your purchases with cash, debit or credit card then collection can be made throughout the sale or within five working days of the sale, unless by prior arrangement. It is advised that payment is made immediately and that collection is swift as all goods are the buyer's responsibility from the point of sale. Once you have paid or your funds have cleared and your goods are ready for collection you must give a copy of your receipt to a member of staff who will sign out your goods. It is advised to bring all relevant packaging and boxes that you will need to secure and carry your purchases.
Packing & Shipping
We offer a limited packing service within the UK and at the Auctioneer's sole discretion. As we are restricted to what can be included in this service, it is advised that you check with the office before bidding. For instance we can only pack single lot items with a value below £500 and we DO NOT post glazed paintings or mirrors, extremely fragile items to include pottery, porcelain and glass, arms and weaponry, or heavy and large sized goods. All clients must agree to absolve Bowler & Binnie Auctioneers Ltd against any loss or damage that may occur whilst using Royal Mail Services. All liabilities are with the buyer.
For paintings and fine art we recommend Aardvark Art Services and they can be contacted on 01253 794673. Email
[email protected]
Additionally we are able to recommend a number of national carriers.
Storage
Following the sale all items must be collected within five working days, thereafter a DAILY storage charge of £1 for smaller items and £5 for furniture and larger items will be applied. Following a sale any unsold items must be collected by the vendor within 10 working days. Unfortunately storage space is limited and if goods are left on our premises for longer than 1 month, Bowler & Binnie will sell uncollected goods to defray any storage charges incurred.
We are open Monday to Friday 10am-4pm.
The Auction
The Auction is governed by the Condition of Sale. These apply to all and any aspect of the relationship between Bowler & Binnie and actual and prospective bidders. They can be viewed on our website and on www.the-saleroom.com or www.easyliveauction.com. It is the responsibility of the bidder to read these carefully before bidding. Please note that they can be amended by way of notice as posted on our website or by way of an announcement made by the Auctioneer.
Catalogues, Viewing & Condition Reports
Catalogues are available for each sale; they cost £1 and can be purchased from the office on viewing and sale days. Within the catalogue each lot is given a brief description and estimates are supplied but please note that the estimates are guidelines only and lots can sell above or below the guideline prices. The guide prices printed in the auction catalogue do not include buyer's premium or VAT. Additionally each lot is photographed with an image available for viewing on our website, usually on the Monday prior to the sale.
Public viewing takes place for two days prior to an auction. Please check out our website and local press for viewing dates and times. However if you are unable to make these times and need to view then please just give us a call and we shall try our best to accommodate.
During the viewing days prospective buyers are invited and encouraged to inspect the lots and they must satisfy themselves as to the accuracy of any description. All lots are sold as seen and their condition cannot be guaranteed. Sometimes prospective buyers require further information and detail about lots, and we are happy to supply this along with extra photographs, etc. Whilst we endeavour to provide accurate statements we are unable to carry out exhaustive condition reports and we do not accept liability for the correctness of such opinions.
Prospective buyers are given ample opportunity to view and inspect lots and to ask for further information as required. They must satisfy themselves as to the accuracy of any description we apply to a lot. Inevitably, our descriptions and attributions are statements of opinion, in regard to, inter alia, matters of authorship, genuineness, signatures, style, origin, date, age, provenance, condition, value and estimated selling price. At our absolute discretion we will refer to any damage on a lot as a/f (at fault) in the catalogue.
Ultimately prospective buyers are strongly recommended to consult a second opinion prior to making significant purchases.
If you require a condition report prior to the auction then please call us or email us no later than 4pm on the evening prior to sale day.
Artist Resale Rights (ARR)
(ARR) indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the UK on 14th February 2006. In accordance with legislation we are required to collect a Royalty for all qualifying works of art. This legislation was updated in January 2012 to include living artists and artists who have died in the last seventy years. This Royalty will be charged to the Buyer on the hammer price and in addition to the buyer's premium / commission rate. The Royalty rate only applies to works of art where the hammer price exceeds €1,000 (Euros). The rate is applied at 4% on works selling for €1,000 and up to €50,000. This means that if you purchase a lot which includes a work of art by a qualifying artist and it sells for over 1,000 Euros and below 50,000 Euros then you are required to pay the surcharge of 4% of the hammer price to The Design and Artists Copyright Society (DACS). Bowler & Binnie will detail this DACS payment on your invoice and the ARR will be paid across to DACS. A sliding scale applies to works of art selling for over 50,000 Euros. Royalties in their entirety are paid to the Design and Artists Copyright Society (DACS) and no handling fees or costs are retained by the Auctioneer. Resale Royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the Sale. Royalties are not subject to VAT charges. If you have further queries then please contact the DACS helpline on 0845 410 3410 or alternatively email
[email protected] or visit www.dacs.org.uk
Important information for Buyers Regarding Post 1950's Furniture
Please note that Post 1950's furnishings may not comply with the furniture and (Fire) Safety Regulations Act of 1988 and as such are sold as works of art and should not be used in a private dwelling.
Electrical Goods
Lots which were once operated by mains electricity are offered for sale for display or historical purposes and are bought entirely at the purchaser's risk. Any lot with an electrical fitting must be checked by a qualified electrician before connection to the mains electrical supply. Bowler & Binnie cannot accept responsibility for any convention of this lot.
24.
Scottish law applies to the interpretation of these Conditions.
Bowler & Binnie reserves the right to amend these Conditions of Sale at any time and without prior written notice.
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