Terms & Conditions
Terms and Conditions for Bidders
1. Introduction:
The following notes are intended to assist buyers. All sales are conducted in accordance with our ‘Conditions of sale’.
2. Agency:
As auctioneers, we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly, when buying, the buyer’s primary contract is with the seller.
3. Estimates:
Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the buyer’s premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's premium:
The ‘Conditions of sale’ oblige buyers to pay a buyer's premium at 15% on the hammer price of each lot purchased. In addition, VAT is payable on this premium (see below). If you are buying at a specialist auction, the fee is 20% inclusive of VAT. The online bidding fee will apply for any purchases made online.
5. VAT:
The buyer shall pay the hammer price and a premium based on this hammer price. VAT is calculated on the Auctioneers Margin Scheme and is payable by all buyers.
An explanation of codes is available from the office and is displayed during sales.
6. Agents:
We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do.
7. Electrical goods:
These are not accepted for sale unless they have been rendered incapable of use or have been rewired by a qualified electrician and the appropriate certification supplied.
8. Export of goods:
Buyers intending to export goods are responsible for ascertaining (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory.
9. Bidding:
When attending the saleroom, bidders will be required to register before the sale commences. Identification may be required. Lots will be invoiced to the name and address on the registration form. Bids will be accepted by paddle number (bid number) only.
10. Commission, telephone and online bidding:
(a) Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Commission bids must be received prior to the start of the sale and will not be accepted once the sale has started. This service is free of charge and provided at the buyer’s risk.
(b) Telephone bids can be booked enabling a buyer to bid live over the telephone with a member of staff liaising with the auctioneer. This service is free of charge and available for lots with a minimum guide price of ?50. This is subject to sufficient lines being available. As the number of telephone lines are limited, telephone bids must be booked at least 24 hours in advance of sale day. This service is provided at the buyer’s risk.
11. Online Bidders:
Marlborough Auction Rooms Ltd offers an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Marlborough Auction Rooms Ltd:
(a) Authorise Marlborough Auction Rooms Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
(b) Confirm that you are authorised to provide these credit card details to Marlborough Auction Rooms Ltd through www.the-saleroom.com and agree that Marlborough Auction Rooms Ltd are entitled to ship the goods to the card holder name and card holder address in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge plus VAT at the rate imposed on the hammer price.
12. Methods of payment:
Payment can be made by cash, debit card, credit card and bank transfer. Cheques can be accepted if agreed with us. Any cheques tendered will need to be cleared before removal of the goods is permitted. Telephone bidders must pay either by bank transfer prior to collection of lots or by credit/debit card, cheque or cash in person prior to collection of goods. Please note payments by card over the telephone can only be made up to a maximum of ?100.
13. Collection and storage:
Please note what the ‘Conditions of sale’ state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
14.Title/Returns:
If it becomes apparent that an item has been sold without good title or without authorisation, then the buyer will return the item promptly subject to the purchase costs and any other reasonable costs incurred in returning the item being paid by the seller and/or auctioneers.
15. Artist Resale Rights
According to the European Union’s Artist’s Resale Rights Directive, which has been adopted by the United Kingdom, living artists and artists who died within 70 years prior to the date of the sale are entitled to receive a resale royalty each time their art work is sold by an art market professional in the European Union or United Kingdom, subject to certain conditions. Marlborough Auction Rooms Ltd will collect the resale royalty due to the artists or their estates from buyers of lots with a hammer price (excluding buyer’s premium and excluding VAT) in excess of €1000. Any purchaser of a lot to which Artist’s Resale Right applies will be charged the amount of the resale royalty, which will be added to the invoice. VAT is not payable on any royalty. The rate payable for items 0 to 50,000 is 4%. Contact the Auction Rooms for further rates.
Conditions of sale
1. Definitions:
In these conditions:
(a) ‘Auctioneer’ means the firm of Marlborough Auction Rooms Ltd or its authorised auctioneer
(b) ‘Deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description
(c) ‘Hammer price’ means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer
(d) “Information for sellers” means the stipulated terms and rates of commission on which Marlborough Auction Rooms Ltd accept instructions from sellers or their agents
(e) ‘Total amount due’ means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these conditions
(f) ‘Sale proceeds’ means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising
(g) The singular includes the plural and vice versa as appropriate.
2. Bidding procedures and the buyer:
(a) Bidders are required to register their details before bidding and to satisfy any security arrangements before entering the auction room to view or bid (security arrangements can be viewed in the saleroom).
(b) The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price. If a dispute has arisen regarding a bid the auctioneer has absolute discretion to settle this or re-offer the lot during the auction. The auctioneer shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Once made, no bid may be withdrawn.
(e) The auctioneer has absolute discretion to combine, divide or withdraw any lots from the auction, to regulate bidding or to refuse bids.
(f) Marlborough Auction Rooms Ltd have the right to cancel any sale without giving reason or notice.
3. Increments:
Bidding increments shall be at the auctioneer’s sole discretion.
4. The purchase price:
The buyer shall pay the hammer price, a buyer’s premium and VAT on the premium at the rate imposed by law.
5. Value added tax:
Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers. Marlborough Auction Rooms Ltd operate under the Auctioneers Margin Scheme.
An explanation of codes is available from the office and is displayed during sales.
6. Payment:
(1) Immediately a lot is sold the buyer will:
(a) give to us, if requested, proof of identity
(b) pay to us the total amount due in cash, credit card or debit card or in such other way as is agreed by us.
(2) Any payments by the buyer to us may be applied by us towards any sums owing from the buyer to us on any account whatever without regard to any directions of the buyer or their agent, whether express or implied.
(3) Telephone bidders must pay either by bank transfer prior to collection of lots or by credit/debit card, cheque or cash in person prior to collection of goods.
7. Online Bidders:
Marlborough Auction Rooms Ltd offers an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Marlborough Auction Rooms Ltd:
(a) Authorise Marlborough Auction Rooms Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
(b) Confirm that you are authorised to provide these credit card details to Marlborough Auction Rooms Ltd through www.the-saleroom.com and agree that Marlborough Auction Rooms Ltd are entitled to ship the goods to the card holder name and card holder address in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge plus VAT at the rate imposed on the hammer price.
8. Ownership and Collection of purchases:
(1) The ownership of any lots purchased shall not pass to the buyer until they have made payment in full to us of the total amount due.
(2) The buyer shall at their own risk and expense take away any lots that they have purchased and paid for not later than seven working days following the day of the auction or upon the clearance of any cheque used for payment after which they shall be responsible for any removal, storage and insurance charges. After seven working days, the buyer may be liable for a charge of ?2 per day.
(3) No purchase can be claimed or removed until it has been paid for.
(4) If it becomes apparent that an item has been sold without good title or without authorisation then the buyer agrees to return the item promptly subject to being reimbursed any purchase costs and any reasonable expenses incurred in returning the item. If the buyer fails to return the item then if applicable the seller agrees to accept the hammer price achieved as recompense for the sale of the item.
9. Non-payment or failure to collect purchases:
(1) If any lot is not paid for in full and taken away in accordance with these conditions or if there is any other breach of these conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) To proceed against the buyer for damages for breach of contract
(b) To rescind the sale of that lot and/or any other lots sold by us to the buyer
(c) To resell the lot (by auction or private treaty) in which case the buyer may be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller
(d) To remove, store and insure the lot at the buyer’s expense. In the case of storage this may be either at our premises or elsewhere
(e) To retain that or any other lot sold to the buyer until the total amount due has been paid
(f) To reject or ignore bids from the buyer or their 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 in future becoming due to the buyer towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of the buyer’s property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
10. 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, personal injury or loss except when caused by our negligence.
11. Commission bids:
Whilst prospective buyers are strongly advised to attend the auction, and are always responsible for any decision to bid for a lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition, we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to carry out such bids. 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.
12. Warranty of title and availability:
The seller warrants to the auctioneer and the buyer that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third-party claims. See 7(4) above.
13. Agency:
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
14. Terms of sale:
The seller acknowledges that lots are sold subject to the stipulations of these conditions in their entirety and on the ‘Information for sellers’ as notified to the consignor at the time of the entry of the lot.
15. Descriptions and condition:
(1) Whilst we seek to describe lots accurately, it is impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunity to view and inspect items before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This condition is subject to the next following condition concerning deliberate forgeries (See 15) and applies save as provided for in ‘information to buyers’.
(2) Private treaty sales made under these conditions are deemed to be sales by auction for purposes of consumer legislation.
16. Forgeries:
Notwithstanding the preceding condition (See 14 (1)), any lot which proves to be a deliberate forgery (as defined) may be returned to us by the buyer within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery we shall refund the money paid by the buyer for the lot including any buyer's premium. The seller and the buyer agree to be bound by the decisions made by Marlborough Auction Rooms Ltd. In the event of a dispute, the matter will be settled by arbitration and the buyer and the seller agree to be bound by the decision.
17. Compensation:
(1) Any right to compensation for losses, liabilities and expenses incurred in respect of and as a result of any breach of these conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
(3) Compensation will be paid to the seller for any damaged or lost items equivalent to the lower estimate of value (less any commission charges and other normal selling expenses) as agreed on entering the item for sale or as subsequently set by the valuer. In the event of dispute then the level of compensation payable will be referred to an independent expert for resolution.
18. Artist Resale Rights
According to the European Union’s Artist’s Resale Rights Directive, which has been adopted by the United Kingdom, living artists and artists who died within 70 years prior to the date of the sale are entitled to receive a resale royalty each time their art work is sold by an art market professional in the European Union or United Kingdom, subject to certain conditions. Marlborough Auction Rooms Ltd will collect the resale royalty due to the artists or their estates from buyers of lots with a hammer price (excluding buyer’s premium and excluding VAT) in excess of €1000. Any purchaser of a lot to which Artist’s Resale Right applies will be charged the amount of the resale royalty, which will be added to the invoice. VAT is not payable on any royalty. The rate payable for items 0 to 50,000 is 4%. Contact the Auction Rooms for further rates.
General conditions:
19. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
20. Any notice directed to any 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.
21. Special terms may be used in catalogue descriptions. Any descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
22. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these conditions or of the “Information for buyers’ shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects, these conditions shall be construed as having full force and effect.
23. Any accidental damage caused by persons attending any premises used by Marlborough Auction Rooms Ltd will be paid for by that person. The auction rooms reserve the right to forward the details of that person to the seller should they refuse to make payment. This also applies to the accidental damage of property owned by Marlborough Auction Rooms.
24. English law applies to the interpretation of these conditions.
