中日瓷器艺术品

FULL CONDITIONS OF SALE CONCERNING BUYERS
1. The Auctioneer as Agent.
As auctioneers, we act as agent for the seller. Unless otherwise agreed, sales of goods
at our auctions result in contracts made by the seller, through our agency, with the
buyer. As such, we are not responsible for any default by the seller or the buyer.
2. The Buyer.
(a) Bidding is by paddle number only. Prospective bidders must complete and
sign a registration form, absentee bid form or telephone bid form and provide
identification if required before making a bid at auction. Any person who, nonetheless, makes a bid at a sale will be deemed to have accepted and agreed
these Conditions, and the terms of any Notices and other conditions in the
catalogue, whether or not they have delivered a completed Registration form, Absentee bid form or Telephone bid form.
(b) Items sold at auction are generally of some age. Accordingly, lots are sold on
an ‘as is’ basis, subject to all faults, imperfections and errors of description.
Prospective buyers are strongly advised to examine personally any goods in
which they are interested, before the auction takes place. We provide no
guarantee to the buyer other than in relation to forgeries, as explained in clause
12 of these conditions of sale. Many items are of an age or nature which
precludes them being in perfect condition. The catalogue description is for
guidance only and does not imply an item is free from defects nor does a
reference to a specific defect imply the absence of others.
(c) Bidding as Principal; When making a bid, prospective buyers will be
accepting personal liability, unless it has been agreed in writing, at the time of
registration, that a bidder is acting as agent on behalf of a third party
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
acceptable to us. Buyer’s details cannot be changed once the invoice is printed
at the end of the sale.
(d) The buyer shall be the highest bidder acceptable to the Auctioneers and the
Auctioneers shall have absolute discretion to settle any dispute.
(e) Batemans reserve the right at their absolute discretion to refuse admission to
their premises or attendance at their sales, without giving any reason therefore.
3. Catalogue Descriptions.
(a) While every care has been taken by Batemans in the preparation of our
catalogue, any statement as to authorship, attribution, origin, date, age, size, medium, weight, provenance, condition or estimated selling price is a
statement of opinion of the seller or of Batemans and is not to be taken as a
statement or representation of fact.
(b) Catalogue illustrations are for guidance only, and should not be relied on to
determine the tone or colour of any item or to reveal imperfections.
Descriptions as to the condition of any lot, whether in the catalogue, written
condition report or given orally are for guidance only and the absence of any
reference does not imply that a lot is free from defects. Many items are of an
age or nature which precludes them being in perfect condition. The catalogue
description is for guidance only and does not imply an item is free from
defects nor does a reference to a specific defect imply the absence of others.
(c) Buyers are responsible for satisfying themselves concerning each and every
aspect of the lot, including the condition, authorship, attribution, provenance, authenticity, age, suitability and origin, and matters referred to in the catalogue
description prior to bidding at the auction.
(d) Explanation of Catalogue Terms: The following terms used in the Catalogue
have the following meanings but are subject to the general provisions relating
to descriptions of lots contained in the Conditions of Sale:
(i) “Jacopo Bassano”: in our opinion a work by the artist. When the
artist’s forename is not known, a series of asterisks, followed by the
surname of the artist, whether preceded by an initial or not, indicates
that in our opinion the work is by the artist named.
(ii) “Attributed to Jacopo Bassano”: in our opinion probably a work by the
artist but less certainty as to authorship is expressed than in the
preceding category.
(iii) “Studio of Jacopo Bassano”: in our opinion a work by an unknown
hand in a studio of the artist, which may or may not have been
executed under the artist’s direction.
(iv) “Circle of Jacopo Bassano”: in our opinion a work by a hand closely
associated with a named artist but not necessarily his pupil.
(v) “Follower of Jacopo Bassano”: in our opinion a work by a painter
working in the artist’s style, contemporary or nearly contemporary, but
not necessarily his pupil.
(vi) “Manner of Jacopo Bassano”: in our opinion a work in the style of the
artist and of a later date.
(vii) “After Jacopo Bassano”: in our opinion a copy of a known work of the
artist.
(viii) “Signed and/or dated and/or inscribed”: in our opinion the signature
and/or date and/or inscription are from the hand of the artist.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(ix) “Bears a signature and/or date and/or inscription”: in our opinion the
signature and/or date and/or inscription have been added by another
hand.
4. Buyer’s Premium and Other Charges Payable by the Buyer.
(a) (i) For Fine Art and Antiques Sales: In addition to the hammer price, a
buyer’s premium of 20% of the hammer price up to ?9999, and 15% of
the hammer price thereafter, together with any VAT chargeable
thereon, is payable by the buyer, subject to a minimum commission of
?5.00 plus VAT per lot.
(ii) For Antiques & Modern Sales: In addition to the hammer price, a
buyer’s premium of 15% of the hammer price, together with any VAT
chargeable thereon, is payable by the buyer, subject to a minimum
commission of ?1.50 plus VAT per lot.
(b) Live Internet Bidding: additional buyer’s premium for lots purchased via
www.the-saleroom.com.
All lots purchased online (live bidding) via www.the-saleroom.com will attract
an additional charge for this service (over and above the above stated 15%
buyer’s premium) in the sum of 3% plus VAT of the hammer price. Internet
bidders will therefore be charged a total buyer’s premium of 23% (together
with any VAT chargeable thereon). In completing the bidder registration on
www.the-saleroom.com and providing payment card details and unless
alternative arrangements are agreed with Batemans the prospective bidder:
(i) authorises Batemans, if they so wish, to charge the payment card given
in part or full payment, including all fees, for items successfully
purchased in the sale via the-saleroom.com and
(ii) confirms that they are authorised to provide these payment card details
to Batemans through this site and agree that Batemans is entitled to
ship the goods to the card holder name and cardholder address
provided in fulfilment of the sale.
(c) The Artist's Resale Right regulations 2006 - Droit de Suite: Fully
implemented as of 1st January 2012.
It is our policy to charge the buyer an additional premium to cover our expenses
relating to the payment of royalties under the Artists Resale Right Regulations 2006.
Please note that from 1 January 2012, the Artist's Resale Right will be fully
implemented in the UK. The full implementation will mean that a resale royalty will
be due for works by deceased artists who are still in copyright.
(i) Some works sold by Batemans will be subject to Droit de Suite (Resale
Royalty). This is a royalty payable to a qualifying artist each time a
work is re-sold during the artist's lifetime or to the artist’s estate or
beneficiaries if sold within 70 years of the artist’s death. It only applies
to work by artists who are nationals of certain countries including the
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
Russian Federation, and EU and EEA members (but not Ukraine) (a
full list can be found on the DACS website www.dacs.org.uk )
(ii) Buyers will be charged an amount equal to this resale royalty where it
applies. For eligible lots which sell for a hammer price (together with
buyer’s premium but excluding any VAT) of 1,000 Euros or greater, the additional premium will be payable to us by the buyer to cover our
expenses relating to the payment of royalties under the Artists Resale
Right Regulations 2006. The additional premium will be a percentage
of the amount of the hammer price (plus buyer’s premium) calculated
in accordance with the table below, and shall not exceed 12,500 Euros.
(iii) These resale royalties are not subject to VAT and do not apply when
the hammer price is less than 1,000 Euros. Invoices are normally
issued in Pounds Sterling, with the resale royalty calculated on the
basis of the European Central Bank reference rate on the date of the
sale.
(iv) Droit de Suite Scale - Charge Portion of the Hammer Price (in Euros)
Up to 50,000 4%
50,000.01 - 200,000 3%
200,000.01 - 350,000 1%
350,000.01 - 500,000 0.5%
Exceeding 500,000 0.25%
To a maximum of €12,500
5. Value Added Tax.
(a) Value Added Tax is always payable on the premium at the prevailing rate. It
may also be payable on the hammer price, if the lot has been marked with a
sign to that effect in the catalogue. VAT is charged at the rate applicable on
the day of sale. VAT is charged at 20% as of 1st January 2011 unless otherwise
stated. All lots sold are subject to the Auctioneers VAT Margin scheme.
Revenue regulations require that the buyer’s premium must be invoiced at a
rate that is inclusive of VAT. The VAT is not recoverable by any business
buyer.
(b) Buyers from outside the EU will be entitled to a refund of the VAT on
providing Batemans with satisfactory proof of export from the European
Union.
6. Absentee Bidding.
(a) Commission (Absentee) Bids. If a prospective buyer gives us instructions to
bid on his/her behalf, by using the form available at reception we shall use
reasonable efforts to do so, provided these instructions are received not later
than 12 hours before the sale.
(i) In order for us to accept an absentee bid(s) or telephone bids we will
require details of a valid credit or debit card, including the issue
number (if applicable), start and end dates and the last three digits of
the security number on the reverse. Bidders unknown to Batemans will
be required to submit further identification, e.g. photocard driving
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
licence or passport. Without these details we may not accept the bid.
Prospective bidders can either email us by return (and may use more
than one email for security) or call the saleroom office.
(ii) If bids are successful buyers accept that Batemans will charge this card
for the total amount due within five working days of the sale. To pay
by another card or alternate method of payment the buyer must contact
the office as soon as possible after the sale (and within five days) to
advise us. Please note that Batemans does not accept payment by
cheque.
(iii) Buyers may also contact us within three days after the sale to let us
know whether you would like your purchases posted. Batemans can
package and post most items weighing under 5kg. We charge a
minimum of ?10 plus VAT per item for packaging plus the cost of the
shipping. For larger items, such as furniture, we would ask that you
contact a courier, several of which we can recommend. A separate
charge for postage will be debited from this card if applicable.
(iv) Card details will be kept secure, in compliance with the Data
Protection Act 1998, and will not be kept for any longer than is
necessary.
(b) If we receive commission bids on a particular lot for identical amounts, and at
auction these are the highest bids for the lot, it will be sold to the person whose
bid was received first. Since this service is undertaken as a free service to
prospective buyers on the terms stated, we cannot accept liability for failure to
make a commission bid. Prospective buyers should therefore always attend
personally if they wish to be certain of bidding. Failure to sign the bid form
may result in the bids not being processed.
(c) All bids made by Batemans on behalf of the prospective buyer will be made at
the lowest level possible subject to reserves and other bids made for the lot.
Where appropriate the bids will be rounded down to the nearest amount
consistent with the auctioneer’s bidding increments.
(d) Batemans accept no responsibility to anyone in connection with the
commissioning by intending buyers of any of their employees to bid for lots
on behalf of such intending buyers.
(e) Telephone Bids. If prospective buyers for a lot make arrangements with us
not less than two clear days before the sale, we shall use reasonable efforts to
contact the bidders to enable them to participate in the bidding by telephone as
the sale takes place, but in no circumstances will we be liable to either the
seller or any prospective buyer as the result of failure to do so. Batemans
recommend that a covering absentee bid is also left in case of communication
difficulties.
(f) By Post: Absentee bidder forms can be posted to Batemans on the forms
provided and must be signed by the bidder. These will be subject to the same
conditions as Absentee bids (Section 6a – 6d).
7. Conduct of the Sale:
(a) The auctioneer has the right to advance the bidding at his absolute discretion
and reject any bid, divide any lot, combine any two or more lots, withdraw any
lots from the sale, vary the order in which lots are offered for sale and, in the
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
case of error or dispute, put a lot up for bidding again, without in any case
giving previous notice or any reason therefore.
(b) Subject to the auctioneer’s discretion, the fall of the hammer marks the
acceptance of the highest bid and the conclusion of a contract for sale between
the seller and the buyer.
8. Payment.
(a) Upon sale of the lot the buyer shall pay the total amount due (comprising the
hammer price, the buyer’s premium, any applicable value added tax and any
other applicable charges) to Batemans within FIVE working days following
the conclusion of the sale.
(b) Upon making such payment, and said payment having cleared, the buyer shall
remove the lot purchased from Batemans premises at his/her own expense
within FIVE working days after the sale.
(c) No lot purchased shall be removed while the sale is in progress unless at
Batemans express discretion. Batemans requests that purchasers wait until the
end of the sale to collect items. Purchases will only be released when
payments have cleared. Unless we specifically agree to the contrary, Batemans
shall retain items sold until all amounts due to us have been paid in full.
(d) If so required by Batemans, the buyer shall give his /her name and permanent
address together with his/her bank or other suitable references, and any other
proof of identity as Batemans may at their absolute discretion require.
(e) The buyer may be required to pay down forthwith the whole or in any part of
the total price, and if he/she fails to do so any lot or lots bought by him/her
may, at the auctioneer’s absolute discretion, be offered again for resale at any
time before the conclusion of the auction.
(f) All payments by bank transfer must be made in pounds sterling.
(g) Payments by credit card will be subject to a 3% surcharge of the total amount
payable. There is no surcharge for UK debit card payments. Non UK debit
cards are subject to a 3% surcharge. Batemans does not accept payment by
sterling cheques, American Express or Diners Club card payments. Credit and
debit card payments can be cleared immediately subject to confirmation with
the card issuer.
9. Responsibility for Purchased Lots.
(a) At the fall of the hammer, risk in the lot sold shall pass to the buyer, and none
to the seller, Batemans, their servants or agents.
(b) At the fall of the hammer the buyer shall be responsible for any loss, omission
or damage whether caused by negligence or otherwise.
(c) Ownership in the lot shall not pass to the buyer unless and until payment of
the total amount owed has been received by Batemans. A cheque given by the
buyer in payment shall not be treated as a receipt until the same has been
cleared.
(d) Any packing and handling of purchased lots by the Auctioneers staff is
undertaken solely as a service to buyers and will only be undertaken at the
buyer’s sole risk. The Auctioneers shall not be liable in any event for damage
to glass, mirrors or frames, irrespective of cause.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(e) Buyers are advised to obtain insurance in respect of a lot, and to arrange for
collection, as soon as possible after the sale.
10. Remedies for Non-payment or Failure to Collect Purchases.
(a) All purchases must be paid for and collected within FIVE working days of the
sale. Purchases will be available to collect from the saleroom until the Friday
following the sale, after which they will be removed to our storage facility and
subject to the storage charges as set out below (see clause 10d).
(b) If no payment is received within five days, the lot shall be re-entered on behalf
of the buyer into the next suitable sale and shall be sold with no reserve. If this
results in a lower price being obtained, Batemans shall claim the balance from
the buyer together with any costs incurred in connection to the buyer’s failure
to make payment (as set out in section: (c) (iii) below.)
(c) If no payment is received within five days, Batemans as agents for the seller
shall also be entitled at its absolute discretion and without prejudice to any
other rights or remedies:
(i) to proceed against the buyer for damages for breach of contract;
(ii) to rescind the sale of that or any other lots sold to the defaulting buyer
at the same or any other auction;
(iii) without notice to the defaulting buyer at any time to resell the lot or
cause it to be resold by public auction or private sale and, if this results
in a lower price being obtained, claim the balance from the Buyer
together with any costs incurred in connection with the buyer’s failure
to make payment;
(iv) to remove, store and insure the lot at the expense of the defaulting
buyer;
(v) to charge interest at the rate of 2% above the Bank of England Base
Rate per month on the total amount due to the extent it remains unpaid
for more than five working days after the conclusion of the sale. Such
interest will run as well as after as before judgement becoming due and
payable forthwith upon demand;
(vi) to retain that or any other lot sold to the same buyer at the same or any
other auction and release it only after the payment of the total amount
due;
(vii) to reject or ignore any bids made by or on behalf of the defaulting
buyer at any future auctions or obtain a deposit before accepting any
bids in future;
(viii) to apply any proceeds of sale then due or at any time thereafter
becoming due to the defaulting buyer towards settlement of the total
amount due and to exercise a lien on any property of the defaulting
buyer which is in Batemans possession for any purpose.
(d) Storage Charges:
(i) Any items not collected after FIVE working days following the sale, whether or not payment has been made, will be subject to a storage
charge at the buyer’s expense of ?2 per lot per day for small items and
?10 per lot per day for larger items and furniture until collected by the
buyer (up to a MAXIMUM of 25 days storage.) Batemans will only
release the items purchased after payment has been made in full of
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
storage, removal, insurance and any other costs incurred, together with
all other amounts due to us.
(ii) Batemans will store purchases (whether paid for or not) for a
MAXIMUM of 25 days following the conclusion of a sale. If the items
remain uncollected at this time, the lot(s) shall be re-entered on behalf
of the buyer into the next suitable sale and shall be sold with no
reserve. If this results in a lower price being obtained, Batemans shall
claim the balance from the buyer together with any costs incurred in
connection to the buyer’s failure to make payment (as set out in
section: (c) (iii) above.)
11. Representations and Statements.
We have an obligation to refund the buyer in the circumstances set out in clause 12.
However, neither the seller nor we, nor any of our employees or agents, are
responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any lot, nor for any other errors of
description or for any faults in any lot. These are statements of opinion only and not
fact. Batemans are not liable for any omissions in the catalogue. Any warranty of any
kind whatsoever is excluded by this clause. All lots are sold with all faults and
imperfections and errors of description. Buyers should satisfy themselves as to the
condition of any lot before bidding for it.
12. Refund in the Case of Forgeries.
A sale will be cancelled and the amount paid refunded to the buyer if a lot sold by us
proves to have been a forgery. We shall not however be obliged to refund any
amounts if either (a) the catalogue description at the auction date corresponded to the
generally accepted opinion of scholars or experts at that time, or fairly indicated that
there was a conflict of opinions; or (b) it can be demonstrated that the lot is a Forgery
only by means of either a scientific process not generally accepted for use until after
the publication of the catalogue or a process which at the date of the auction was
unreasonably expensive or impracticable or likely to have caused damage to the lot.
Furthermore, the Buyer should note that this refund can only be obtained if the
following conditions are met;
(a) within one month of the sale of the lot the buyer gives notice to Batemans in
writing that the lot purchased by him/her through Batemans is a forgery (as
herein defined);
(b) the buyer returns the lot to Batemans in the same condition as it was at the
time of the auction accompanied by written proof of forgery, the number of
the lot, and the date of the auction at which it was purchased; and
(c) the buyer proves to Batemans’ reasonable satisfaction that the lot is a forgery
and that he/she is able to transfer a good title thereto free from any liens, charges or encumbrances; and
(d) the buyer demonstrates to Batemans’ reasonable satisfaction that the lot
alleged by him to be a forgery is the lot actually purchased by him/her through
Batemans.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
In no circumstances shall we be required to pay the buyer any more than the amount
paid by him/her for the lot concerned and the buyer shall have no claim for interest.
The benefit of this condition is not capable of being transferred, and is solely for the
benefit of the person to whom the original invoice was made out by us in respect of
the lot when sold and who, since the sale, has remained owner of the lot without
disposing of any interest in it to any third party. Batemans shall be entitled to rely on
any scientific or other process to establish that the lot is not a Forgery, whether or not
such a process was used or in use at the date of the auction. This condition does not
apply to coins, medals or jewellery.
13. Estimates.
Batemans makes no representations or warranties as to the anticipated selling price of
any item or property. No estimates anywhere made by Batemans, its servants or
agents, whether in writing or orally, may be relied upon as a prediction of the actual
selling price. Estimates in catalogues, receipts and elsewhere are subject to revision
by Batemans from time to time in the exercise of its sole discretion.
14. Refunds.
Batemans agree to refund the hammer price and the buyer’s premium to the buyer on
the buyer claiming that the seller did not have the right to sell subject to the following
conditions;
the buyer was acting in good faith; and
(a) Batemans’ insurers agree to the payment under the terms of Batemans’
insurance; and
(b) The buyer makes claim in writing against Batemans within 1 year of the sale
and either;
(i) Batemans has been prevented from giving possession of the lot to the buyer or
the buyer has given up possession of the lot in either case by virtue of a Court
Order (including Interlocutory Order) of a court of England and Wales made
at the instance of any third party claiming to be the true owner; or
(ii) the buyer has given up possession of the lot to the police in connection with
any investigation into the theft of the lot; and
(iii) if Batemans refund the hammer price under this clause then should it transpire
the buyer obtained title at auction, title vests in Batemans.
Any claim by a buyer against Batemans whether under any of these conditions or
otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid
by the buyer in respect of such lot and shall not extend to any consequential or other
loss or damage or expense suffered by the buyer.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
15. Firearms.
The buyer of a firearm is responsible for obtaining a valid firearm certificate, shotgun
certificate or certificate of registration as a firearms dealer and for conforming with
regulations in force at the time in Great Britain relating to firearms.
16. Electrical and Mechanical Goods.
Lots which were originally operated by mains electricity may not comply with the
current statutory requirements and as such are offered for sale solely for display or
historical purposes. Buyers should not assume that they are suitable for connection to
the mains supply. The buyer acknowledges that Batemans has not tested electrical or
mechanical goods and that the buyer is solely responsible for ensuring that such goods
are tested by a qualified electrician before using them.
17. Export / Trade Restrictions.
It is the buyer’s responsibility to ensure that they comply with all export regulations
relating to purchases. We set out general information below (current as at June 2004).
Please note that this is a guide only and specific advice should be sought as
appropriate.
(a) Endangered / Protected species: The Washington Convention on
International Trade in Endangered Species (known as CITES) applies certain
restrictions on the import and export of items made of or incorporating
endangered or protected animal parts. The Global Wildlife Division of the
Department of the Environment, Food and Rural Affairs (DEFRA) is the
authority responsible for ensuring that CITES is properly implemented in the
UK.
An export license will be required for the export of items made of or
incorporating endangered or protected animal parts such as ivory, whale bone, bird feathers, crocodile, tortoiseshell, coral, animal skin or fur. Unlike the
regulations relating to the export of other cultural goods (see below), there are
no value thresholds relating to these items. A licence is required irrespective of
age or value. Please note that the ability to obtain an export licence does not
necessarily ensure that you will be permitted to import the items into another
country and vise versa.
(b) Other items requiring export licence: In addition to specific rules relating to
endangered or protected species, export licenses are required in relation to
items manufactured or produced more than 50 years before the date of export
outside the UK and/or the European Union. There are export controls which
apply on both a UK and a European level. Generally a licence is required in
respect of those items which are worth beyond a certain monetary value. The
value threshold varies depending on the nature of the specific items and on the
destination to which it is intended to export the items. Either a UK or
European licence will be required as follows:
(i) A UK license will be required to export any items from the UK to
another member state of the European Union valued at or above the
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
relevant UK license limit (as specified in the column A in the table
below).
(ii) A UK license will be required to export outside the European Union
any items valued at or above the relevant UK license limit (as specified
in the column A in the table below) but below the European Union
licence limit (as specified in column B of the table below).
(iii) A European Union licence will be required to export outside the
European Union any items valued at or above the European Union
licence limit (as specified in column B of the table below).
Both the European Union and the UK licences are issued by the Department for
Culture, Media and Sport and application forms can be obtained from its Export
Licensing unit. The table below shows the type of licence and the values at or above
which and export licence is required in relation to a selection of some of the
categories of items to which the licence requirements apply.
Column A: Within EEC Column B: Outside Europe
Description of item of more
than 50 years old
Value at or above which a
UK licence will be
required
Value at or above which an EU Licence
will be required
Paintings in oil or tempera
(other than of British
Historic Persons)
?119,000 ?91,000
Paintings in watercolour, gouache, pastel or other
media ( other than of British
Historic Persons)
?39,600 ?18,000
Portraits or likenesses of
British Historic Persons
?6,000 ?6,000
Prints, Drawings and
Engravings
?39,600 ?9,100
Photographs, films and
negatives
?6,000 ?6,000
Sculptures ?39,600 ?30,400
Books (I) 50 - 100 years old
(ii) More than 100 years old
(I)?39600, (ii)?39600 (I) ?39600, (ii)?30400
Clocks and Watches ?39,600 ?30,400
Firearms (I) 50 - 100 years
old (ii) more than 100 years
old (I)?39600 (ii)20000 (I) ?30400 (ii)?20000
Please note that ‘A British Historic Person’ is a person listed in the Directory of
National Biography, Who’s Who or Who was Who.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
A Department of Trade and Industry export license may be required for firearms
regardless of value. Please seek specific guidance.
18: Data Protection.
For the purposes of the Data Protection Act 1998 the data controller is Batemans
Auctioneers & Valuers Ltd of The Saleroom, Ryhall Road Stamford, Lincolnshire, PE9 1XF. Batemans will not disclose clients’ personal data to any third party outside
our group for the purposes of direct marketing.
19. Severability.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or
unenforceable, that part may be discounted and the rest of the conditions shall
continue to be valid and enforceable.
20. Law and Jurisdiction.
These Conditions of Sale are subject to English Law, which shall apply to their
construction as well as to their effect. For our benefit, the buyer and the seller submit
to the exclusive jurisdiction of the English courts.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
FULL CONDITIONS OF SALE AND TERMS OF CONSIGNMENT
CONCERNING SELLERS
INTRODUCTION:
The conditions set out below are the terms on which Batemans, as auctioneers, contract with sellers and, as agent acting on behalf of sellers, with buyers. Buyers and
sellers should read the conditions carefully, together with the explanation of
cataloguing practice. This notice and conditions of sale apply to all sales including
sales by private treaty. These conditions supercede all previous terms and conditions
issued by Batemans.
1. Seller’s Warranties.
The seller warrants to Batemans and to the buyer that, at all relevant times hereunder, including without limitation the time of sale, (a) The seller is the true owner of the property, or is properly authorised to sell the
property by the true owner and is able to and shall in accordance with these
conditions transfer possession and good and marketable title to the property
free from any third party claims (including without limitation any claims of
governments or governmental agencies with respect to the property), liens or
encumbrances;
(b) The seller has provided Batemans with all information the seller has
concerning the provenance of the property and the seller agrees that the
statements in the catalogue description are, to the best of their knowledge, correct.
(c) Unless the seller advises Batemans in writing to the contrary at the time the
property is delivered to Batemans, that there are no restrictions, copyright or
otherwise, relating to the property or on Batemans’ rights to reproduce
photographs of the property and the seller gives Batemans full and absolute
rights to photograph and illustrate any lot consigned to a Batemans sale. The
auctioneer retains copyright in all photographs taken and illustrations made by
Batemans.
(d) For property not held on Batemans premises or under its control, that such
property will be available and in a deliverable state at the time the buyer is
entitled to take possession of the lot in accordance with these Conditions.
(e) Unless the seller of electrical or mechanical goods advises Batemans in writing
to the contrary at the time the property is delivered to Batemans, such goods
are safe if reasonably used for the purpose for which they were designed and
are free from any defect not obvious on external inspection which could prove
dangerous to human life or health, (f) Unless the seller advises Batemans in writing to the contrary at the time the
property is delivered to Batemans, the property has been properly and legally
imported into the European Union and all taxes or duties on importation into
the European Union have been paid.
(g) Neither the seller on his own behalf, nor any other person on the seller’s behalf
except the auctioneer, may make any bid in respect of lots of which the seller
is the owner.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(h) Instructions regarding lots will only be accepted from the seller, which in this
instance shall be taken as the person named on the receipt / entry form.
2. Seller’s Commission, Minimum Fees and Lotting Fees.
(a) (i) For Fine Art and Antiques sales: if a lot sells, a seller’s commission at
the rate of 16.67% of the hammer price of each lot, together with any Value
Added Tax chargeable thereon, is payable by the seller to Batemans, subject to
a minimum commission charge of ?10 plus VAT per sold lot.
(ii) For Antiques and Modern Sales: if a lot sells, and the hammer price is
?5 or above, a seller’s commission at the rate of 10% of the hammer price of
each lot, together with any Value Added Tax chargeable thereon, is payable by
the seller to Batemans, subject to a minimum commission charge of ?5
(inclusive of VAT) per sold lot.
These charges will be deducted after the sale, and indicated on the seller’s
post-sale statement. The seller acknowledges that Batemans will receive from
the buyer commission at their usual rates, on the sale of any lot, in addition to
the said premium, and assents to Batemans receiving the said commission.
3. Illustration.
Fine Art & Antiques Sales:
(a) Online Catalogues: All lots will be photographed and illustrated online, on
Batemans’ own website www.batemans.com plus several other specialist
auction sites, including www.the-saleroom.com. Batemans will not be held
responsible for incorrect or missing photographs.
(b) Printed Catalogues: All lots will be photographed and illustrated in our printed
sale catalogues, Batemans will not be held responsible for incorrect or missing
photographs.
Antiques and Modern Sales:
No lots will be photographed or illustrated either in online catalogues or in
printed catalogues.
4. Removal Costs.
Items for sale must be consigned to Batemans by any stated deadline and at
the seller’s expense. Where items have been collected by Batemans’ staff or a
representative of Batemans, a minimum collection fee of ?40 plus VAT shall
be incurred and added to the seller’s statement, unless otherwise agreed in
writing with Batemans. Any liability incurred to any other third party carrier
for haulage charges is solely the responsibility of the seller. These charges will
be deducted after the sale, and indicated on the seller’s post-sale statement.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
5. Entering Items for Sale / Descriptions.
(a) Where a representative for the auctioneers has viewed an item in person, we
will issue a written receipt briefly describing the item(s), and suggest whether a
reserve is appropriate for the item(s).
(b) 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.
(c) Sellers are required to sign and date a copy of the entry form and agree to our
terms and conditions. When entering items for sale the seller agrees that the
description of the items on the receipt is to their satisfaction, sufficient to
identify the lot and, to the best of their knowledge, a true representation of the
item(s) left in Batemans’ possession. It is the responsibility of the seller to
inform Batemans of any omissions, errors or inaccuracies on the entry form.
We will assume that you have approved the catalogue description of your lots
unless informed to the contrary.
(d) Where we are obliged to return the price to the buyer when the lot is a
deliberate forgery under Condition 12 of the ‘Conditions of Sale concerning
buyers’ and we have accounted to you for the proceeds of sale you agree to
reimburse us the sale proceeds. The liability to reimburse the sale proceeds
shall not arise where you are acting reasonably and honestly and are unaware
of the forgery but we are or ought to have been aware of it.
6. Reserves.
Sellers 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.
Items entered into Antiques & Modern sale are consigned WITHOUT reserve
or ESTIMATES.
(a) A reserve at 80% of the low estimate (or the nearest lower bidding increment)
shall automatically be set on each lot entered into a Fine Art, Antiques &
Collectables sale, unless otherwise agreed in writing to the contrary with
Batemans. This is subject to a minimum acceptable reserve of ?30. (Lots with
a low estimate of ?40 and below shall be offered for sale with NO RESERVE
unless otherwise agreed in writing with Batemans.)
(b) The low estimate, if any, should be clearly written on the receipt for the items
at the time of Batemans receipt of the goods. Sellers can request the reserve to
be set lower than 80% of low estimate if they wish, in writing at the time of
consignment.
(c) The reserve, if any, will only apply to the first sale in which the item is
entered. Where no reserve is listed, Batemans may sell the item / lot at any
price. Estimates are not reserves. Estimates are given as a guide to buyers.
Unreserved items may sell at a fraction of an estimate if no reserve has been
agreed.
(d) Where a reserve has been applied to a lot, the auctioneer may, on behalf of the
seller, place bids (up to an amount not equalling or exceeding such reserve).
Batemans may at its option sell at a hammer price below the reserve, provided
that Batemans pays the seller the sale proceeds which the seller would have
received had such lot sold at the reserve price.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(e) Batemans will be happy to suggest if a reserve would be appropriate on a
seller’s items. 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 charges stipulated in these ‘Terms of
Consignment’).
(f) A reserve once set cannot be changed except with Batemans’ consent.
7. Items Posted or Delivered to Batemans.
Where a representative from Batemans has not previously viewed the items in
person and issued a hand written receipt / entry form for the items;
(a) Sellers must sign and date a copy of our terms and conditions and return this
signed copy to Batemans before sending any items to via post or other
transport. Sellers are reminded that all items are sent at the seller’s sole risk.
(b) It shall be assumed that these items are to be sold with no reserve until such
time as Batemans has had the opportunity to examine the items to their
satisfaction.
(i) if, after examining the items, the Auctioneers believe they are suitable
for entry into a sale, the auctioneers will issue a written receipt for the
items, and agree in writing a reserve figure (if any) with the seller.
(ii) if the Auctioneers believe that any item is unsuitable for entry into
auction, condition 10 (Unsaleable Goods, below) will be applied.
(c) If this suggested reserve figure is acceptable to the seller, the seller should sign
and date their agreement on the entry form provided and post it to the
Auctioneers. The auctioneers cannot accept agreement as to reserves via email
or fax.
(d) If the reserve price is not acceptable to the seller, the seller must contact the
Auctioneers and arrange for the item(s) to be returned, at the seller’s sole
expense.
(e) The auctioneers will return exactly and only those items as were received by
them from the seller, in the same condition as were received.
(f) It is the responsibility of the seller to fully insure the items for whatever value
they deem acceptable whilst in transit and to pay the cost of any transportation.
This also applies if a lot is unsold and Batemans agree to return the item to the
seller. The amount the item is insured for, however, will in no way be taken as
a true valuation of the item by the auctioneers – see clause 6 below.
(g) Proof of the auctioneer’s receipt of a posted package or consignment is not to
be taken as proof of the auctioneer’s acceptance, receipt or possession of an
item. The auctioneers will only accept receipt or possession of an item or items
as are listed by them on the entry form sent to the seller.
8. Risk of Loss or Damage.
(a) Loss and Damage Warranty. Batemans is not regulated by the FSA for the
provision of insurance to its clients. However, Batemans for its own protection
assumes liability for property consigned to it at the value of the goods. Unless
otherwise instructed in writing, all goods on our premises and in our custody
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
will be held insured against risk of fire, theft following forcible entry and
water damage, and accidental breakage or damage, (but not against damage
caused by humidity or temperature changes, inherent conditions or defects, error in processing, war, nuclear radiation or radioactive contamination).
(b) The value of the goods shall be the gross amount realised, (hammer price, if
the lot has been sold), or in the case of unsold lots the reserve placed on an
item, (where no reserve has been placed on an item the value of the goods
shall be deemed as being a nominal value of ?1 sterling.) In the case of lots
withdrawn prior to a sale the value shall be that of the reserve placed on any
lot (agreed in writing on the entry form, or that which Batemans’ specialised
staff shall in their absolute discretion estimate to be the auction value of such
goods).
(c) The seller authorises Batemans to assume the risk of loss or damage to the
property from the time of Batemans receipt of such property until risk of loss
or damage to the property passes on to the buyer as set forth in condition (4)
(b) of the buyer’s conditions, until the item is collected by the seller, or until
sixty days after the auction, whichever is earlier, unless, at the time the seller
delivers the property to Batemans, the seller instructs Batemans in writing not
to assume risk of loss or damage for any lot and within 10 days provides
Batemans with a certificate of insurance and waiver of subrogation by the
seller’s insurer of all rights and claims that they may have against Batemans in
connection with any loss or damage to the property in both cases in a form
acceptable to Batemans.
(d) Batemans shall not be responsible for damage to or the loss, theft or
destruction of any goods not so insured upon the owner’s instructions.
(e) In respect of any article delivered to us if the vendor has in force a policy or
policies of insurance in which an item is specifically mentioned as being
insured, whether or not for any agreed sum or value, the vendor shall notify
his insurers of and shall himself note our interest as bailee in such policy or
policies.
9. Preparation for Sale.
(a) Batemans has sole and absolute discretion regarding the grouping of property
into lots, providing catalogue and other descriptions, the date of the auction(s)
and the manner of conducting each sale.
(b) Where lots with reserves have been combined or divided, the auctioneers shall
combine or divide the lots in such a way that should all the lots sell at their
agreed reserve price, the seller would receive no less than the full amount of
the original combined reserve agreed (less any applicable commission, charges
and VAT).
(c) The seller authorises Batemans to undertake any tests, researches or enquiries
or to consult and rely on any outside experts, consultants or restorers in
relation to the property as Batemans may, at their absolute discretion, deem
appropriate.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
10. Unsaleable Goods.
(a) All goods delivered to their premises or collected on Batemans behalf, will be
considered as for entry for sale at auction, unless otherwise instructed by
accompanying or previously received written notice. Items that, in Batemans
opinion, have no saleable value may be disposed of at the Auctioneers’ sole
discretion either to a charity or by consignment for destruction. It shall be
assumed that the seller agrees to such disposal, and that no prior notice of such
disposal will necessarily be given. Batemans reserve the right to charge the
seller for costs incurred for the disposal of such items. Where in our opinion
an item is unsaleable you must collect such items from the saleroom promptly
on being so informed. Otherwise, storage charges will be incurred as per
above.
(b) If any item(s) is un-saleable by virtue of failing to attract a bid we will have
absolute discretion to dispose of that item and charge for the service.
11. 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. We reserve the right to dispose of unsafe
goods as refuse, at your expense and without prior permission or further
reference to the vendor.
12. 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 and without further
reference to the vendor. The minimum fee is ?20 plus VAT per item.
The rights of disposal referred to above in clauses 10, 11 and 12 are subject to the
provision of the Torts (Interference with Goods) Act 1977, Schedule 1, a copy of
which is available for inspection on request.
13. 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 ?2 per lot per day for small items and ?10 per lot per day for
furniture and large items.
14. Private Sales.
If a lot fails to reach its reserve, the seller authorises Batemans, as the seller’s
exclusive agent, for a period of forty days following the auction to sell the lot
privately for a price that will result in a payment to the seller not less than the net
amount (after payment to Batemans of the seller’s commission, buyer’s premium and
expenses) to which the seller would have been entitled had the lot been sold at a price
equal to the reserve.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
15. Unsold Lots & Storage Fees:
(a) If a reserved item is unsold in the first sale it will be automatically re-offered
for a second sale and the reserve price (if any) will automatically be dropped
by 20% (or the nearest lower bidding increment) for the second sale, unless
specifically agreed with the seller to the contrary in writing with Batemans.
(b) If the seller does not wish to enter items into a second sale, the seller must
inform Batemans of the fact within 25 days of the first sale and must collect
the item (s) within this time. Storage charges of ?2 per lot per day for small
items and ?10 per lot per day for larger items and furniture will be charged
from the 25th working day following the last sale in which the lot(s) were
entered if items remain uncollected.
(c) Lots unsold after two sales will not automatically be relotted and must be
collected within 25 days of the end of the second sale.
(d) If the seller fails to make arrangements for resale or collection within 25
working days following the items’ sale, the auctioneers shall charge the seller
storage fees of ?2 per lot per day for small items and ?10 per lot per day for
larger items and furniture until collected and shall have the right to:
(i) Remove the lot to an independent storage facility, for which the seller
shall assume all risks and responsibilities; or
(iii) To re-offer the property at public auction WITH NO RESERVE and
to deduct from the hammer price any sum owing to Batemans
including without limitation, removal, storage and insurance expenses, the expenses of both auctions and all other reasonable expenses before
remitting any excess to the seller or, if the seller cannot be traced, placing it in a bank account in the name of Batemans for the seller.
16. Withdrawn Lots.
(a) A minimum charge of ?10 per withdrawn lot or 10% of the reserve price
(whichever is the greater), plus VAT, will be payable by the seller. The seller
must inform Batemans of their decision to withdraw a lot IN WRITING, by
post. E-mails and faxes will not be accepted. Instructions regarding lots will
only be accepted from the person named as seller on the receipt / entry form.
(b) The seller may not withdraw property from the sale if instructions are received
after the date on which the catalogue is initially sent to print (usually the
Friday one week before the sale).
(c) If a seller withdraws an item before the first sale in which it has been entered, a penalty charge of 10% plus VAT of the reserve price will be payable to
Batemans and will not be waived.
(d) Batemans may withdraw lots from the sale without any liability to the seller if
Batemans believes that
(i) there is doubt as to its authenticity or attribution, (ii) any of the seller’s representatives or warranties are inaccurate in any
way, or
(iii) the seller breaches any provisions of the conditions of sale.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
17. Authority to Deduct Commission and Expenses and Retain Premium and
Interest:
The seller authorises Batemans to deduct commission at the stated rate and all
expenses incurred for the sellers 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.
18. Artworks Covered by the Artists Resale Rights:
It is our policy to charge the buyer an additional premium (as set out in the Notice to
bidders) to cover our expenses relating to the payment of royalties under the Artists
Resale Right Regulations 2006, and fully implemented 1st January 2012. If any such
payment of an additional premium does not cover, in full, the amount of any payment
due under the Artists Resale Right Regulations 2006 in relation to the sale of the lot
by us or the buyer fails to pay the additional premium, you agree to pay us, on
demand, any shortfall and agree that we may deduct such amount from the purchase
price.
19. Payments & Settlement Date.
(a) After the sale, Batemans will post a statement to the seller informing them
whether lots were sold or unsold. On the settlement date, (at least ten working days
and up to thirty five days after the completion of the sale) where net sale proceeds are
in excess of ?0.01 sterling a cheque will be written and posted to the seller, at the
seller’s risk. If the buyer pays after the settlement date, Batemans will post the net sale
proceeds to the seller within ten working days of Batemans receipt of such payment in
cash or cleared funds. Any monies owing to Batemans shall be paid by the seller
within thirty five days from the settlement date.
(b) The seller authorises any sums owed to Batemans 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 5
(regarding Lot descriptions) 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.
20. Obligation Regarding Lots Sold.
If the buyer fails to pay Batemans the total amount due on or by the settlement date
the seller authorises Batemans at the seller’s expense to pursue any one or more of the
following courses;
(a) to agree special terms for payment of the total amount due, (b) to remove, store and insure the lot sold, The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
(c) to settle claims made by or against the buyer on such terms as Batemans shall
decide at their absolute discretion
(d) to take such steps as are necessary to recover the monies due by the buyer to
the seller and, if necessary, to rescind the sale and refund the money to the
buyer.
Without being under any obligation to do so, Batemans shall endeavour to notify the
seller of the buyer’s failure to pay prior to exercising its authority as granted in the
preceding sentence. Batemans has no obligation to collect payment from the buyer, nor to undertake legal proceedings. The seller authorises Batemans to retain any
handling, removal, storage, insurance and interest fees collected from the buyer or
defaulting buyer.
If the buyer fails to pay the total amount due and Batemans remits an amount equal to
the net sale proceeds to the seller, ownership of such lot shall pass to Batemans, which
shall have the benefits of the sellers agreements, representations, warranties and
indemnities set forth in these conditions.
Batemans are under no obligation to disclose the identity of either buyer or seller of
any lot.
21. Estimates.
Batemans makes no representations or warranties as to the anticipated selling price of
any item or property. No estimates anywhere made by Batemans, its servants or
agents, whether in writing or orally, may be relied upon as a prediction of the actual
selling price. Estimates in catalogues, receipts and elsewhere are subject to revision
by Batemans from time to time in the exercise of its sole discretion.
22. Clients Money.
You are advised that all clients’ money is held in the following account:
Batemans Auctioneers & Valuers Ltd Vendors Account
Account No: 31495712
Sort Code: 40-43-05
HSBC Bank plc, 1 High Street, Stamford, Lincs, PE9 2AL
This is a low interest bearing account. The interest will be retained by the auctioneers
and is used to reduce bank costs helping us to continue offering competitive selling
fees.
23. Severability.
If any part of these Conditions of Sale is found by any court to be invalid, illegal or
unenforceable, that part may be discounted and the rest of the conditions shall
continue to be valid and enforceable.
24. Law and Jurisdiction.
These Conditions of Sale are subject to English Law, which shall apply to their
construction as well as to their effect. For our benefit, the buyer and the seller submit
to the exclusive jurisdiction of the English courts.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
The above Conditions and all 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.
Definitions / Glossary
In our Terms and Conditions:
The following expressions have specific legal meanings with which you may not be
familiar. The following glossary is intended to give you an understanding of those
expressions but is not intended to limit their legal meanings:
“Batemans” means Batemans Auctioneers & Valuers Ltd, the auctioneers of The
Saleroom, Ryhall Road, Stamford, Lincolnshire, PE9 1XF.
“Auctioneer”: the representative of Batemans conducting the sale.
“the bidder”: the person bidding at the sale, or in the case of a bid made by and
employee or other representative of Batemans pursuant to a commission bid or
telephone bid form, the person whose details have been given on the commission bid
form or telephone bid form.
“the hammer price” means the amount of the highest bid accepted by the auctioneer, and knocked down to the buyer.
“the purchase price” is the aggregate of the hammer price, (plus VAT on the
hammer price if applicable to the lot), plus the premium and the VAT payable on the
premium and any expenses payable to Batemans.
“the buyer”: means the person with the highest bid accepted by the auctioneer.
“the lot” means any item deposited with us for sale at auction and, in particular, the
item or items described against any lot number in any catalogue.
“reserve”: the minimum hammer price as agreed between Batemans and the seller in
accordance with the seller’s agreement with Batemans at which a lot may be sold.
“the buyer’s premium” means the charge payable by the buyer as a percentage of the
hammer price, at the rate set out under condition (4).
“the total amount due” means the aggregate of the hammer price, the premium, any
VAT chargeable on the hammer price and the premium, together with any additional
charges and expenses from a defaulting buyer under condition (5).
“Forgery” means a lot constituting a modern deliberate imitation originally conceived
and executed as a whole in, or after, 1870 with a fraudulent intention to deceive as to
authorship, origin, age, period, culture or source where the correct description to such
matters is not reflected by the description in the catalogue and which at the date of the
auction had a value materially less than it would have had if it had been in accordance
with the description in the catalogue. Accordingly, no lot shall be capable of being a
forgery by reason of any damage and/or restoration work of any kind (including
repainting).
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
“Description": any statement or representation in any way descriptive of the Lot, including any statement or representation relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value, estimated selling price (including the Hammer Price).
"Entry": a written statement in the Catalogue identifying the Lot and its Lot number
which may contain a Descrip- tion and illustration(s) relating to the Lot.
"Estimate": a statement of our opinion of the range within which the hammer is
likely to fall.
“the seller” means the owner or authorised agent thereof or person in possession of
the property consigned. If there are multiple owners or an agent or possessor, each
shall assume all obligations, liabilities, representations, warranties and indemnities on
behalf of the seller set forth in these Conditions of business. Instructions regarding
lots will only be accepted from the seller, which in this instance shall be taken as the
person named on the receipt / entry form to whom any monies are to be paid.
“seller’s premium / seller’s commission” means the commission payable to
Batemans by a seller at the published rates from time to time applicable to the relevant
sale, plus applicable VAT.
“settlement date” means a date thirty five days after the last session of each auction.
“net sale proceeds” means the hammer price of the lot sold received by Batemans in
cash or cleared funds, less seller’s premium and expenses and any other amounts due
to Batemans by the seller in whatever capacity and howsoever arising.
"artist's resale right": the right of the creator of a work of art to receive a payment
on Sales of that work subsequent to the original Sale of that work by the creator of it
as set out in the Artists Resale Right Regulations 2006 and fully implemented as of 1st
January 2012.
"bailee": a person to whom goods are entrusted.
"indemnity": an obligation to put the person who has the benefit of the indemnity in
the same position in which he would have been, had the circumstances giving rise to
the indemnity not arisen and the expression "indemnify" is construed accordingly.
"interpleader proceedings": proceedings in the Courts to determine ownership or
rights over a Lot.
"knocked down": when a Lot is sold to a Bidder, indicated by the fall of the hammer
at the Sale.
"lien": a right for the person who has possession of the Lot to retain possession of it.
"risk": the possibility that a Lot may be lost, damaged, destroyed, stolen, or
deteriorate in condition or value.
"title": the legal and equitable right to the ownership of a Lot.
"tort": a legal wrong done to someone to whom the wrong doer has a duty of care.
The Saleroom, Ryhall Road
Stamford, Lincolnshire, PE9 1XF
Tel: (01780) 766466 Web: www.batemans.com
Batemans Auctioneers & Valuers Limited. Registered in England No. 7965365
SALE OF GOODS ACT 1979
The following is an extract from the Sale of Goods Act 1979:
"Section 12 Implied terms about title, etc
(1) In a contract of sale, other than one to which subsection (3) below applies, there is
an implied term on the part of the seller that in the case of a sale he has a right to sell
the goods, and in the case of an agreement to sell he will have such a right at the time
when the property is to pass.
(2) In a contract of sale, other than one to which subsection (3) below applies, there is
also an implied term that-
(a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the
contract is made, and
(b) the buyer will enjoy quiet possession of the goods except in so far as it may be
disturbed by the owner or other person entitled to the benefit of any charge or
encumbrance so disclosed or known.
(3) This subsection applies to a contract of sale in the case of which there appears
from the contract or is to be inferred from its circumstances an intention that the seller
should transfer only such title as he or a third person may have.
(4) In a contract to which subsection (3) above applies there is an implied term that all
charges or encumbrances known to the seller and not known to the buyer have been
disclosed to the buyer before the contract is made.
(5) In a contract to which subsection (3) above applies there is also an implied term
that none of the following will disturb the buyer's quiet possession of the goods, namely-
(a) the seller;
(b) in a case where the parties to the contract intend that the seller should transfer only
such title as a third person may have, that person;
(c) anyone claiming through or under the seller or that third person otherwise than
under a charge or encumbrance disclosed or known to the buyer before the contract is
made.
(5A) As regards England and Wales and Northern Ireland, the term implied by
subsection (1) above is a condition and the terms implied by subsections (2), (4) and
(5) above are warranties.”