Terms & Conditions
CONDITIONS OF BUSINESS
Buyers and Sellers are advised to read carefully the following Conditions of Business, including the explanations of cataloguing practice, that contain exclusively the terms under which Rowley’s Fine Art Auctioneers and Valuers Limited conduct their sales and handle their related matters.
THIRD PARTY LIABILITY
All person on Rowley’s premises at any time are their at their own risk. They shall have no claim against Rowley’s in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the negligence of Rowley’s or its employees.
Tattersalls’ shall not be liable for any injury, damage or loss that may be suffered by an person on Tattersalls’ premises in connection with business of Rowley’s save that nothing in this condition shall be taken as excluding or restricting or as attempting to exclude or restrict Tattersalls’ liability for death or personal injury resulting from negligence as defined in the Unfair Contract Terms Act 1977.
CONDITIONS APPLICABLE TO BUYERS
1. Rowley’s as Agent
Rowley’s act only as agent for the Seller and makes no representation and gives no warranty as to the authenticity, merchantability or otherwise of any Lot.
2. The Buyer
(a) The Buyer shall be the person making the highest bid which is acceptable to the auctioneer as signified by the fall of the hammer.
(b) Rowley’s has sole discretion to decide whether a bid has been made, whether there has been a dispute as to the bidding and to settle any dispute.
(c) Every bidder shall, if required by Rowley’s complete a registration form and furnish Rowley’s with suitable references before bidding at the auction.
(d) Every bidder acts as principal
3. Buyer’s premium
The Buyer of any Lot shall pay Rowley’s a premium equal to 22.5 per cent of the hammer price plus VAT at the standard rate for any item purchased at Auction. The Buyer acknowledges that Rowley’s may also receive commission from the Seller. The Buyer shall not make any deduction in respect of the Purchase Price, nor sell, transfer or otherwise contract to dispose of any Lot prior to payment of the Purchase Price.
3 (A) Online Bidding (ONLY AVAILABLE FOR FINE ART AUCTIONS AT TATTERSALLS, NEWMARKET). Please contact Rowley's directly for absentee bidding for monthly auctions at Ely, Cambridgeshire).
Rowley's offer 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 Rowley's:
1. Authorise Rowley's, 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
2. Confirm that you are authorized to provide these credit card details to Rowley's through www.the-saleroom.com and agree that Rowley's are entitled to ship the goods to the card holder address provided 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 +VAT at the rate imposed on the hammer price.
Rowley's also offer online bidding service via invaluable.com. Any lots purchased via invaluable.com live auction services will be subject to an additional 3% premium charged plus VAT at the standard rate imposed on the hammer price.
4. Value Added Tax
Lots on which VAT is payable by the Buyer are indicated in the catalogue with a dagger (?). VAT is payable at the rates prevailing on the day of the auction. VAT may be refundable in certain circumstances where the lot is removed from the EU. Payment and Risk
A. At the fall of the hammer
(1) The buyer shall give to Rowley’s his name and address and such proportion of the Purchase Price as Rowley’s shall require.
(2)The risk of loss or damage to the Lot shall become the full responsibility of the Buyer, notwithstanding that title may not yet have been passed to the Buyer.
B. Legal and beneficial ownership of a lot shall not pass to the Buyer until payment for the Lot along with any interest or other sums that may be outstanding on any account is received in cleared funds by Rowley’s and Rowley’s will be entitled to a lien on any Lot sold to the Buyer until these amounts are paid in full.
C. In any event full payment of the Purchase Price must be received by Rowley’s within 48 hours of the sale (“Due Date”)
D. Methods of Payment:
a. Cash in Sterling
b. Cheques in Sterling supported by suitable cheque card or UK bankers draft in Sterling made payable to “Rowley’s. Cheques drawn on a foreign bank attract a transaction charge.
c. Credit cards. If you wish to pay for any purchase with a MasterCard, Visa or Access you must present the card in person at the auction, or within 48 hours or the auction. All transactions of this nature may require the credit card slip to be signed in front of a member of Rowley’s staff and must be supported with additional identification. All charges are subject to acceptance by Rowley’s and by MasterCard, Visa or Access, as the case may be. If a charge is not approved, you will nevertheless be liable to Rowley’s for all sums incurred by you.
d. Debit Cards. We accept Switch, Delta, Solo and Electron You must present the card in person at the auction, or within 48 hours of the auction. Transactions of this nature may require the debit card slip to be signed in front of a member of Rowley’s staff and must be supported with additional identification.
e. Bank transfers in Sterling should be made payable to the account of “Rowley Fine Art Auctioneers & Valuers Ltd., Barclays Bank PLC, 58 High Street, Newmarket, Suffolk CB8 8NH, sort code 20-60-38, account number: 00956929”, IBAN: GB78 BARC 20603800956929, SWIFTBIC: BARCGB22. Please note that overseas bank transfer attract an ?8 fee.
6. Collection of Purchases
A. No Lot may be removed during an auction, nor may any Lot be removed until the purchase price has been paid in full. However, buyers will be entitled to inspect any Lot after the fall of the hammer subject to it being removed to a safe and secure location by Rowley’s immediately following sale.
B. The Buyer shall remove from Rowley’s premises at his expense any Lot purchased by him within 48 hours of the sale.
C. The Buyer will be responsible for any removal, storage and insurance charges if a Lot is not removed in accordance with Condition 6 (B) above, but nothing in this clause constitutes any representation by Rowley’s that it will maintain insurance in respect of any such Lot.
D. Rowley’s will not be liable for any damage caused to any Lot after the fall of the hammer.
E. The Buyer is responsible for arranging all packing and transportation. Rowley’s may from time to time recommend transporters, packers or shippers but any such recommendation is given without liability and Rowley’s shall not be liable for any loss or damage to any Lot howsoever caused.
F. Collection by agents: If an agent or carrier is collecting goods on behalf of the buyer they must produce either a written authority from the buyer or a receipted Rowley’s invoice for the Lot/s.
G. Clearance of Lots: Lots purchased at our Fine Art and Antique auctions can be cleared from Tattersall’s sale ring on the day(s) of the sale or collected from our office premises at 8 Downham Road, Ely CB6 1AH from the Friday after the sale. Please note: No collections can be made on the Thursday after a Fine Art and Antique sale.
