Conditions of Sale
1. Vendors are reminded that the Vendor’s Conditions of Sale and Terms of Agreement are incorporated into Gilding’s Ltd. Entry Form.
2. The Auctioneers, Gilding's Ltd., have absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the sale, to refuse bids, regulate bidding or to cancel the sale without in any case giving any reason, or without any previous notice.
3. Any instructions given to the Auctioneers over the telephone, by fax or through the internet by vendors or prospective buyers are accepted at the vendors or prospective buyers risk and must, in any event, be confirmed in writing.
4. Gildings Ltd. act only as agents for the vendor. At his discretion, the auctioneer may bid on behalf of the vendor for all goods which are being offered, subject to reserve or otherwise.
5. The highest bidder shall be the buyer. The auctioneer may, at his sole discretion, determine the advance of the bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen he has absolute discretion to settle the dispute or re-offer the lot. The auctioneers may only re-offer if a bidder contests a matter immediately, and before the offering of the next lot.
6. The auctioneers accept no responsibility for the accuracy of any statement, whether printed in the catalogue, published on the internet or made orally, as to grading, authorship, attribution, genuineness, origin, date, age, provenance and/or condition. All such statements are statements of opinion and are not to be taken as being, or implying, warranties, guarantees or representations of fact. The Auctioneers reserve the right in forming their opinion, to consult and rely on any expert or authority considered by them to be reliable.
7. Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, is deemed to have knowledge of all the Conditions of Sale and to have satisfied themselves as to the physical condition and accuracy of the description of the lot, including, but not restricted to, whether the lot is damaged or has been repaired.
8. All lots are sold as shown, with all faults, imperfections and errors of description. However, if within seven days of the sale of any lot, the buyer gives notice in writing to the auctioneers that the lot sold is a “forgery” *, and if within fourteen days of giving such notice the buyer returns the lot in the same condition as it was at the time of the sale to the premises of the auctioneers and there is shown, to the satisfaction of the auctioneers, that having regard to the catalogue description the lot sold is a “forgery”, the auctioneers are authorised to, and will, rescind the sale and refund the purchase price received by them. This right is limited to the buyer and may not be assigned.
9. Each lot, at the fall of the hammer, will be at the risk of the purchaser and will be taken away at the purchasers risk and expense on the day of the sale unless prior arrangements have been made with the auctioneers (see clause 12). In the event of any liability upon the auctioneers in respect of any loss, this shall be restricted to a maximum of the price paid by the buyer.
10. The title of the goods shall not pass to the buyer until the purchase price has been paid in full and including the premium at the stated rate
11. At the fall of the hammer the purchaser shall give his name and address and may be required to pay immediately a percentage of the purchase price. If the buyer fails to comply with these requirements the lot may, at the auctioneers sole discretion, be put up again and resold. No lots may be taken away until paid for and a pass obtained from the auctioneers.
12. All lots must be paid for on the day of sale. Purchasers who intend to pay by cheque will not be allowed to collect their lots until such a time as their cheque has been cleared.
13. If any lots is not paid for and removed in accordance with the provisions of the Conditions of Sale, then the Auctioneers may, without prejudice to any other right they have, remove, store and insure the lot/s at the expense of the defaulting buyer. If after the expiry of seven days from the date of the sale, the purchaser is still in default, the Auctioneers may resell the lot/s, either by public auction or private contract. The purchaser, making such default, shall be liable for any deficiency arising from such resale and for resulting expenses. Any surplus arising shall belong to the vendor.
14. The buyers premium shall be the same for all buyers where the service offered is the same. Bidders in the room shall pay a premium of 15% plus VAT on the hammer price.
15. Any lot(s) purchased online through the ATG Media Live Auction facility www.the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the current rate. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Gildings Limited you; (i) authorise Gildings Limited, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and (ii) confirm that you are authorised to provide these credit card details to Gildings Limited through www.the-saleroom.com and agree that Gildings Limited are entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
16. Gilding’s Ltd. reserve the right to illustrate any lot offered for auction and will use such photographs/digital images, both before and after the auction, at their discretion. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.
17. The export of any lot from the United Kingdom, or import into another country, may be subject to licences being granted. It is the buyers responsibility to obtain any relevant import or export licence/s. The denial of any such licence or delay in obtaining a licence shall not justify the rescission or cancellation of the sale.
