Conditions of Sale
The Auctioneer 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 Condition of Sale:
Conditions of Sale for Buyers
1 19. Definitions
In these Conditions of Sale (Buyers): "Auctioneer" means The Great Western Auctions Ltd (Registered in Scotland No: 114734 | Registered address: 1291 Dumbarton Road, Glasgow, G14 9UY); "Hammer price" means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer; "Lot" means each Item or Group offered for sale by Great Western Auctions; "Purchase Price" is the Hammer Price and applicable Buyer's Premium; "Reserve" means the lowest price below which an item cannot be sold; "Total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions; “You”, “Your” means the Buyer;
“Great Western Auctions”, “Us”, “Our”, “We” refers to The Great Western Auctions Ltd
The singular includes the plural and vice versa as appropriate.
1 20. Agency
Great Western Auctions act as agents solely for and in the interests of the Seller. We do not act for Buyers in this role and do not give advice to Buyers. When Great Western Auctions make a statement about a lot it is doing so on behalf of the Seller of this lot. The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.
1 21. Bidding Procedures and the Buyer
(1) A prospective Buyer must prior to an auction register to bid and give Great Western Auctions your full name, permanent address and telephone number and if requested by Great Western Auctions banking or other suitable references.
(2) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any reserve.
(3) The right to refuse any bid is also reserved.
(4) Any dispute as to who is the Buyer of any lot will be settled by Great Western Auctions.
(5) Inspection: Each Buyer who makes a bid acknowledges that he has satisfied himself fully by inspection or otherwise as to all the sale conditions and description of the lot on which he or she bids including, but not restricted to whether the lot is damaged or has been repaired or restored.
(6) Commission Bids: Prospective Buyers are advised to attend Great Western Auctions in person. However Great Western Auctions will if so instructed execute written bids up to a specified limit from prospective Buyers sent by e-mail, or received by phone in advance of an auction or (at Great Western Auctions discretion) bids by telephone made by or on behalf of prospective buyers before the auction (no later than 4pm the day prior to the auction). The Buyer shall deliver any instructions regarding commission bids whether delivered by e-mail, telephone or in person to an employee of Great Western Auctions. Neither Great Western Auctions nor its employees or agents will be liable for any neglect, default or failure to act in connection with any commission bids.
(i) In the event that Great Western Auctions has received commission bids on a lot for identical amounts and at auction those commission bids are the highest bids for the lot it is at Great Western Auctions ultimate discretion that it shall be sold to the person whose commission bid was received by the auctioneer first.
(7) Telephone bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale (no later than 4pm the day prior to an auction) we will use reasonable efforts to contact them to enable them to participate in bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connections.
(8) Online Bidding: We offer online bidding in our Fine Art and Antiques Auctions via the-saleroom.com. Great Western Auctions reserve the right to approve or decline bidders for the live auctions. Bidding using this service is the responsibility of the Buyer and clicking the ‘Bid’ button is a commitment to buy and pay in full for the lot. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding.
1 22. Increments
Bidding increments shall be at the Auctioneer’s sole discretion.
1 23. The Purchase Price
For each lot purchased a Buyer’s Premium of 20% is payable. VAT at the current rate is charged on the Buyer’s Premium.
Live online bidding is subject to an additional 3% premium (charged by the live bidding service provider the-saleroom.com). This additional premium is subject to VAT at the current rate.
1 24. Value Added Tax
Value Added Tax (VAT) is charged at the appropriate rate prevailing by law at the date of sale and is payable by Buyers of relevant lots.
(a) Lots affixed with (?) or (*): Value Added Tax on the hammer price is imposed by law on all items affixed with a dagger (?) or (*). This imposition of VAT may be because the Seller is registered for VAT within the European Union and is not operating under a margin scheme
(b) Lots affixed with (??) or (**): A reduced rate of Value Added Tax on the hammer price of 5% is payable. This indicates that a lot has been imported from outside the European Union. This reduced rate is applicable to Antique items.
(c) Lots affixed with (Ω): Standard rate of Value Added Tax on the hammer price and premium. This applies to items that have been imported from outside the European Union and do not fall within the reduced rate category outlined above.
1 25. Droit de Suite
This symbol (? )indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the hammer price and in addition to the Buyer’s premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’) and no handling costs or additional fees are retained by the auctioneer. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.
1 26. Payment
(1) The purchase price must be paid to Great Western Auctions no later than two (2) working days after the auction.
(2) Full payment for all lots must be made to Great Western Auctions in person by means of cash, debit card or credit card. We do not accept American Express or cheques.
(3) For purchasers not present at our premises payment must be made by banker’s draft or bank transfer in pounds sterling (details on request). We do not accept debit or credit card payments by telephone.
(4) International buyers will be charged an additional ?20 for bank transfer charges. This will be added to the invoice. (The purchaser has the option to pay all bank charges at their end, therefore removing our charges)
(5) Please note that under The Money Laundering Regulations 2007 we cannot accept cash payments over €10,000 (Euros)
(6) Any payments by a Buyer to Great Western Auctions may be applied by Great Western Auctions towards or set off against any sums owing from that Buyer to Great Western Auctions on any account.
1 27. Title and collection of purchases
(1) The ownership of any lots purchased shall not pass to the Buyer until you have made payment in full to us of the total amount due. No purchase can be claimed or removed before it has been paid for.
(2) All goods purchased shall be paid for and removed at the Buyer’s risk and expense by a time no later than two (2) working days after the auction. Great Western Auctions are not responsible for any loss, damage, destruction of, theft of the goods once the hammer falls whether paid for or not and remain at the risk of the Buyer.
(3) Goods will only be released to the registered Buyer. Collection by courier / carriers will only be permitted upon receipt of written instructions from the Buyer and with the agreement of Great Western Auctions.
(4) Great Western Auctions offers a limited postage and packing service. Please contact the office for details. We recommend that successful purchasers who require shipping contact Mailboxes Glasgow City on 0141 222 2527 or info@mbeglasgowcity.co.uk. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.
(5) Storage charges will apply to all lots not collected within one week of purchase unless by prior arrangement. ( ?5 per item per day storage fee plus VAT)
(6) In the event that any goods are not paid for and removed within seven (7) days after the sale Great Western Auctions shall be entitled to re-sell them by auction or privately without further notice to the Buyer.
(7) 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, e.g. items that may contain prohibited materials such as ivory or rhinoceros horn. It is the Buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the rescission of any sale nor any delay in making full payment for the lot.
1 28. 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 Sellers and on their 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 contract for sale of that lot and/or any other lots sold by us to you; (c) to resell the lot 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). (d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and to recover from you all costs incurred in respect thereof; (e) to retain that or any other lot sold to you until you pay the total amount due;
(f) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted; (g) to apply any proceeds of sale of other lots due or which become due to you towards the settlement of the total amount due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied.
1 29. Descriptions and Condition
(1) Neither the Seller, the Auctioneer, our employees or agents are responsible for errors of description. 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 only accept liability for opinions given negligently or fraudulently. The Buyer has twenty-one (21) days after the sale to put notice in writing to the auctioneer that in his view the lot is a deliberate forgery. If we are satisfied from the evidence presented that the lot is a deliberate forgery, he must return the lot in the same condition as at the time of sale. The sale will then be rescinded and the amount paid will be refunded.
Subject to the foregoing neither we the auctioneer, our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the lot and should not be relied upon as indicative of the overall condition of the lot.
(2) Condition Reports: Condition reports are provided upon request. The absence of a report does not imply that a lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavour to respond to all requests although we offer no guarantee. Any statement in relation to the lot is merely an expression of opinion of the Seller or Great Western Auctions and should not be relied upon as an inducement to bid on the lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any lot in which you are interested prior to the sale. Our Condition Reports are not prepared by professional conservators, restorers or engineers. Our condition report does not form any contract between Great Western Auctions and the Buyer. The Condition Reports do not affect the Seller’s obligations in any way. Where a condition report is not requested and the Buyer subsequently detects damage, Great Western Auctions are not obliged to give a refund.
(3) Estimates: Estimates are placed on lots to help Buyers gauge the sums involved for the purchase of a particular lot. Estimates do not include the Buyer’s Premium or VAT. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change and are for guidance only. Reserve prices are not disclosed though the lower estimate may represent the reserve price. The lower estimate will not be below the reserve price.
(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue amendment sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware as to any alterations which may have occurred.
(5) Electrical Goods: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given by Great Western Auctions.
(6) Upholstered items: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations). Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given by Great Western Auctions. Great Western Auctions provide no guarantee as to the originality of any wood/material contained within the item.
(7) Special terms may be used in catalogue descriptions of particular classes of items (Jewellery, Paintings etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our Terms and Conditions of Sale.
(i) Coloured Gemstones. It is common practice for gemstones to be treated in order to enhance colour and clarity. Unless stated, Buyers should presume colour stones may well have been exposed to some treatment.
(ii) The approximate carat weight of precious stones detailed in our catalogue descriptions is calculated using an Electronic Presidium Gauge. The length, width and depth are measured which allows us to estimate an approximate weight.
Great Western Auctions does not remove diamonds and other gem stones from their settings to obtain carat weights and this can affect some of these measurements.
(iii) Clocks and Watches: All lots are sold ‘as seen’. The absence of any reference to the condition of a clock or watch does not imply the lot is in good condition and without defects, repairs or restorations. Great Western Auctions make no warranty that any clock or watch is in working order. Buyers should be aware that Great Western Auctions cannot guarantee a watch will remain waterproof if the back is removed.
1 30. CITES
Please be aware that all lots marked with the symbol ‘Y’ may be subject to CITES regulations when exporting these items outside the EU.
These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites.
Great Western Auctions accepts no liability for any lots which may be subject to CITES but have not be identified as such.
1 31. Alcohol
It is not permitted for anyone under the age of 18 to bid for or collect alcoholic drinks from Great Western Auctions. Proof of Age may be requested.
1 32. Third Party Liability
All persons on our premises are there at their own risk and must note the layout of the accommodation, safety and security arrangements. Accordingly, neither Great Western Auctions nor our employees or agents shall incur liability for death or personal injury or similarly for the safety or loss of the property of persons visiting our premises.
1 33. General
(1) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. (2) Any notice to any Buyer, Seller, bidder or viewer may be given by email if not available then first class mail, in which case it shall be deemed to have been received by the addressee 48 hours after posting. (3) Notices to Great Western Auctions should be in writing and addressed to Anita Manning at 1291 Dumbarton Road, Glasgow, G14 9UY. (4) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect. (5) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Great Western Auctions shall be deemed a waiver or release of any of its rights. (6) The contract between the parties may be varied by the parties by agreement and in writing.
1 34. Data Protection
In connection with the management and operation of our business and the marketing and supply of Great Western Auctions’ services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). Great Western Auctions will not give out personal information except as may be required by law.
1 35. Law and Jurisdiction
(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law,
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.
