Terms & Conditions
Illustrated sales catalogues are available on-line approximately two weeks prior to the sale.
Viewing
All our Saturday auctions are on view the preceding Thursday and Friday, with late evening viewing until 9.00 p.m. on the Friday. Viewing outside these times may be possible by prior arrangement.
Condition Reports
We endeavour to fulfil all requests for condition reports, where practical. The colours of images vary from one screen to another, and from one printer to another, so you should be aware that image colours may not be an accurate representation. It should be noted that, whilst every effort is made to be thorough with condition reports Semley Auctioneers will not be responsible for omissions or inaccuracies. Electrical goods are sold for decorative purposes only, and buyers should have any such purchases checked for safety & compliance to regulations by a qualified electrician.
Bidding at our auctions
Registering with us
All first time buyers need to register with us. In registering with us you agree to Semley Auctioneers’ terms & conditions of business as set out in our printed literature and on our website. Once registration is complete you will be provided with a permanent buyer’s number which can be used in all future sales conducted by us.
To register, you will need to provide two forms of identification -
1. passport or photographic driving licence, or, for overseas buyers, a valid ID card
2. utility bill or document showing your name and address
Please note - for some sales or particular lots within a sale we may require a deposit from prospective buyers prior to bidding. This is at the sole discretion of the directors of Semley Auctioneers who reserve the right to refuse bids or to re-offer lots bought by buyers who have not satisfactorily complied with such request. Deposits must be made in pounds sterling, the amount to be stated by the directors of Semley Auctioneers, by bank transfer or debit card (not credit card), and to be received no later than the close of business on the day preceding the sale. Deposits will be used against any outstanding invoices, whether or not in relation to the present sale or particular lot, and Semley Auctioneers will return all unallocated deposits, without interest, any transaction charges to be borne by the bidder, no later than 7 days after the sale.
You can register in person or by contacting the office on 01747 855 122 or by e-mailing registrations@semleyauctioneers.com
Semley Auctioneers reserve the right to refuse bids from or to re-offer lots bought by buyers whose identities have not been satisfactorily established.
Please note - registering with the-saleroom.com or other on-line bidding platform does not automatically register you with us.
Bidding in the Saleroom
You will need to register with us, as above. A written paddle number will then be allocated to you.
Commission Bidding (absentee bidding)
You will need to register with us, as above. We will be pleased to execute bids on behalf of prospective buyers, and no charge is made for this service. All bids are treated in strict confidence and the auctioneers undertake to purchase lots as cheaply as permitted by other bids and any reserves placed on the lot. Where more than one bid for the same lot is received the bidding shall commence at one bid above the underbidder's maximum bid, as if both bidders were present in the room, subject to any reserve price placed on the lot. Where identical bids are left for the same lot the earlier bid left will take precedence. Bidding forms are available from the office and can be found at the back of the catalogue. All bidding forms must be signed. Completed bidding forms may also be sent by fax or e-mailed to us. However, these must include the name, address, daytime telephone number and signature of the prospective buyer. No responsibility will be accepted for faxed bids, e-mailed bids or bids taken over the telephone. All written bids must be submitted before the commencement of the sale. The auctioneers accept no responsibility for wrong lot numbers entered. Please note all bids are subject to Buyer's Premium, VAT, and, if applicable, artist’s resale right charges (Droit de Suite),as stated. Semley Auctioneers will endeavour to advise successful commission bidders as soon as possible. However, we cannot accept responsibility for this and therefore suggest to all commission bidders that they enquire as to whether or not they were successful at the end of the sale or shortly thereafter.
Telephone Bidding
You will need to register with us, as above. Please note that there are a limited number of telephone lines and mobile phones available, and allocation is on a ‘first come, first serve’ basis. It should be noted that the auctioneers may be unable to contact the prospective bidder at the desired time and therefore requests for bidding by telephone will be entirely at the risk of the intending bidder. This service is only available for lots expected to realise more than ? 500.
Live Online Bidding
You will need to register with us, as above. Live online bidding is now available for most of our auctions via the-saleroom.com and easyliveauction.com, enabling you to take part in the bidding from anywhere in the world, live as it happens. To bid online you will also need to register at www.the-saleroom.com or www.easyliveauction.com, subject to approval. There is a charge of 4.95% or 3% of the hammer price plus VAT for this service. Please note that we do not take payments through either of these online bidding platforms.
Please note - Registering with the-saleroom.com or through our website does not automatically register you with us.
Bidding increments
Bidding increments shall be at the sole discretion of the Auctioneer.
Buyer's Premium
Each lot is subject to a Buyer's Premium of 22% plus VAT.
VAT
Lots marked with a dagger (?) are subject to VAT on the hammer price and the buyer’s premium. Lots marked with an omega (Ω) have been temporarily imported from outside the EU and are subject to VAT at 5.0% on the hammer price and the buyer's premium. All other lots (i.e. unmarked in the catalogue) are subject to VAT only on the buyer’s premium.
Artist's Resale Right / Droit De Suite
These lots will be marked with the letters ARR at the beginning of the catalogue entry.
Droit de Suite is a royalty payable to a qualifying artist or the artist's heirs each time a work is resold during the artist's lifetime and up to a period of 70 years after the artist's death.
Royalties are calculated on a sliding percentage scale based on the hammer price excluding the buyer's premium. The royalty does not apply to lots selling below the sterling equivalent of Euros 1,000 and the maximum royalty payable on any single lot is the sterling equivalent of Euros 12,500.
Droit de Suite, which is not subject to VAT, will be added to the buyer's purchase price and then passed on to the relevant collecting agency.
Please enquire for the accepted exchange rate on the day of the sale.
Royalties for Droit de Suite are as follows:
4% Up to €50,000
3% €50,000.01 - 200,000
1% €200,000.01 - 350,000
0.5% €350,000.01 - 500,000
0.25% In excess of €500,000
Up to a maximum levy of €12,500
Cites Regulations
Some lots may be subject to CITES regulations if exported. Prospective buyers should satisfy themselves as to the status of such lots prior to bidding.
Export Licenses
An export licence may be required for items of national interest or above a certain value prior to leaving the United Kingdom. The obtaining of a relevant licence is the responsibility of the buyer.
Firearms
Legal requirements for buying these lots will be stated in the catalogue description.
Estimates
These are intended only as a guide to prospective buyers. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However, the degree of competition for a lot may cause it to sell above or below the given estimates. Estimates can be subject to revision without notice so it is advisable to enquire of any change nearer the time of the sale. Estimates do not include the Buyer's Premium and any other charges applicable.
Condition of lots
While an identification of damage is sometimes stated in the catalogue, an absence of such advice does not imply that a lot is free from defect. Prospective buyers are strongly advised to inspect any lot for which they intend to bid.
All weights and measurements are approximate and should be verified by prospective buyers.
General cataloguing terms
a/f - 'All Faults' or 'As Found', indicates that the item(s) referred to is (are)found to be extensively damaged or repaired when catalogued.
Glossary of Terms:
A glossary of the conventional terms employed in this catalogue concerning attribution of paintings, drawings, and works of art. The auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
Dimensions are given in inches and centimetres, height before width.
1. The forename(s) and surname of the artist:
In our opinion a work by the artist. When the artist's forename(s) 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.
2. Attributed to .........
In our opinion probably a work by the artist but less certainty is expressed than in the preceding category.
3. Studio of ...........
In our opinion a work by an unknown hand in the studio of the artist which may or may not have been executed under the direction of the artist.
4. Circle of ........
In our opinion a work by an as yet unidentified but distinct hand – closely associated with the named artist but not necessarily his pupil.
5. Follower of ........
In our opinion a work by a painter working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
6. Manner of........
In our opinion a work in the style of the artist and of a later date.
7. After ........
In our opinion a copy of a known work of the artist.
8. Signed / Dated / Inscribed .........
In our opinion the work has been signed / dated / inscribed by the artist.
9. With or Bears Signature / Date / Inscription ........
In our opinion the signature / date / inscription is by a hand other than that of the artist.
The addition of a question mark (?) indicates an element of uncertainty.
Prints - the measurements of prints are taken, where possible, from the plate mark (P); otherwise they record the size of the subject (S), or the image of the subject (I).
In other categories the use of the word "style" indicates that, in our opinion, the item(s) is (are) in the style stated but of a later date.
Special notices
Prospective buyers are advised to take note of any special notices displayed in the salerooms or announced from the rostrum as these may affect or invalidate statements made in the catalogue or printed elsewhere.
Payment
Payment is due immediately after the auction in pounds sterling. Ownership title shall not pass to the buyer until full cleared payment has been received and no lot may be removed from the salerooms until full cleared payment has been received and a receipted invoice or collection order presented. Any payment or deposit received from a buyer may be applied towards any outstanding invoice of that buyer.
We welcome the following methods of payment:
Bank transfer, banker's draft, debit card, credit card, personal cheque, or cash (up to a sterling equivalent of Euros 15,000).
Bank transfer (preferred method) – our bankers are
Barclays Bank PLC
Shaftesbury Branch, Mid Wessex Group, King George Street, Yeovil, Somerset BA20 1PX
Sort code – 20 99 40
Account number – 90024449
IBAN no. - GB66BARC20994090024449
SWIFT / BIC code - BARCGB22
Debit card - Visa, Delta, Switch, Connect (please note – there is a surcharge of 2% for international debit cards, except EU countries). Debit card payments are only accepted in person - we do not accept debit card payments by e-mail or telephone.
Credit card - Visa or Mastercard (please note - we do not accept credit card payments from UK or EU countries). There is a surcharge of 2% for all accepted credit card transactions. Credit card payments are only accepted in person – we do not accept credit card payments by e-mail or telephone. We do not accept American Express cards.
Personal cheque – cheques are accepted provided they are supported by a valid cheque guarantee card and that the amount does not exceed the limit stated on that card
Clearing
No lot may be removed from the salerooms before full payment has been received and a receipted invoice shown.
All lots must be cleared no later than 30 days after the sale, after which storage charges may be applied at ? 2.00 plus VAT per lot per day, plus ? 10.00 plus VAT administration costs per buyer per sale, payable before removal of goods.
Packing and Shipping
Semley Auctioneers do not themselves offer a packing or despatch service but recommend the following:
International and National Shipping:
Small and Large Items
Alban Shipping (01582 493099)
info@albanshipping.co.uk
Small Items
Mailboxes (01202 299 151)
info@mbebh1.co.uk
Small Items
Jentel Packing (01268 776777)
enquiries@jentelpacking.co.uk
National Shipping:
Large Items
Martin Bros. Removals Ltd. (01985 844 144)
info@martinbrosltd.com
Local large items
Brian Chalk (07588 772634)
Where practical, payment can be made and purchases collected during the auction.
VAT refunds
VAT refunds will only be made to qualifying buyers who have satisfactorily completed the necessary forms and provided proof of export. An administration charge of ? 20.00 plus VAT will be deducted from the refund, together with any transaction charges.
Third Party Liability
Every person on Semley Auctioneers' premises at any time shall be deemed to be there at their own risk. He or she shall have no claim on Semley Auctioneers in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Semley Auctioneers' employees.
GENERAL CONDITIONS OF SALE
1. Definitions
In these Conditions Semley Auctioneers Limited, who act only as auctioneers and agents, are called "The Auctioneers", and the representative of Semley Auctioneers Limited conducting the Auction is called "The Auctioneer".
2. General
Whilst Semley Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any lot:
? Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
? Semley Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
? All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Semley Auctioneers, unless they have been instructed in writing by the vendors so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
? Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.
? Semley Auctioneers reserve the right at their absolute discretion to refuse admission to their premises or attendance at their sales, without giving any reason therefore.
3. The Auction
? The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
? The highest bidder shall be the buyer except in the case of a dispute. If the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
? Each lot is put up for sale subject to any reserve price placed by the vendor.
? All conditions, 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.
4. Rescission.
Notwithstanding any other terms of these Conditions, if within ten days after the sale Semley Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery, and within fourteen days after such notification the buyer returns the same to Semley Auctioneers in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Semley Auctioneers that considered in the light of the entry in the catalogue or, in the case of an amended lot description as announced from the rostrum or printed in any Saleroom Notice prior to the lot being sold, the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the buyer and the vendor agree to be bound by the decision.
5. Default.
Semley Auctioneers disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at sender’s risk and must be confirmed in writing forthwith.
6. Private Treaty
In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.
VENDORS CONDITIONS
7. Instructions.
As Semley Auctioneers are auctioneers, all goods delivered to Semley Auctioneers’ premises will be deemed to be delivered for sale by Auction unless otherwise stated in writing and will be catalogued and sold at Semley Auctioneers’ discretion and accepted by Semley Auctioneers subject to all the Sale Conditions. By delivering the goods to Semley Auctioneers for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions.
8. Collections.
Semley Auctioneers do not themselves usually undertake the collection of goods but will, if required in writing, instruct a contractor on the vendor’s behalf in their capacity as agents. Semley Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be normally deducted from the proceeds of sale.
9. Loss or Damage.
Semley Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
10. Storage.
Semley Auctioneers reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their sale rooms without sufficient sale instructions and reserve the right to make a minimum storage charge of ? 2.00 plus VAT per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
11. Right to Sell.
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within fourteen days of such request Semley Auctioneers reserve the right to sell the goods to defray costs and storage charges.
12. Loss or Damage Indemnity.
? Unless otherwise instructed in writing all goods on Semley Auctioneers’ premises and in their custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage or damage) for which insurance Semley Auctioneers will charge a premium of 1.5% plus VAT. The value of the goods so covered shall be pre-sale mid estimate. Semley Auctioneers shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner’s written instructions. Semley Auctioneers shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by the negligence of their employees.
? In respect of any article delivered to Semley Auctioneers if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Semley Auctioneers’ interest as bailees in such policy or policies.
13. Reserves.
All goods are put up for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserves are received by Semley Auctioneers prior to the commencement of the sale.
? The Vendor shall be entitled to place prior to the auction a reserve in writing on any lot, being the minimum ‘hammer price’ at which that lot may be treated as sold. A reserve once placed by the vendor shall not be changed without the consent of the Auctioneers. The Auctioneers may at their option sell at a ‘hammer price’ below the reserve or the reserve less any agreed discretion on that reserve, but in any such cases the sale proceeds to which the vendor is entitled shall be the same as they would have been had the sale been at the reserve or the reserve less any agreed discretion on that reserve.
? In the event of any reserve not being reached at auction the Auctioneers are empowered to sell after the auction, by private treaty, as long as the goods remain on Semley Auctioneers’ premises and may at their option sell at a price below the reserve or the reserve less any agreed discretion on that reserve, but in any such cases the sale proceeds to which the vendor is entitled shall be the same as they would have been had the sale been at the reserve or the reserve less any agreed discretion on that reserve. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.
? Where a reserve has been placed, only the Auctioneer may bid on behalf of the Vendor.
14. Indemnity.
The Vendor shall duly indemnify Semley Auctioneers against any claims in connection with any goods sold by Semley Auctioneers on the vendor’s behalf.
15. Value Added Tax.
A vendor who sends for sale by auction or private treaty any item which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes in the UK or any other EU country and if so, declare his registered number and whether or not he intends to operate the margin scheme for second-hand goods. This information must be supplied to the Auctioneer on or prior to the items being released to the Auctioneer.
16. Commissions and Buyers Premium
The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer’s right to retain any premium payable by the purchaser. Commission is charged at 15% of the hammer price, with a minimum commission of ?8.33 per lot. The auctioneers reserve the right to apply unsold charges at 15% of the Auctioneers' mid estimate, together with all other charges incurred. VAT is payable on all charges. Payments are normally issued three weeks after the sale, provided that Semley Auctioneers has received cleared payment from the buyer.
17. Rights to Photographs and Illustrations.
The vendor gives Semley Auctioneers full and absolute rights to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction). Charges apply to photographs and illustrations used n catalogues and advertisements. These charges are subject to VAT at the standard rate. The Auctioneers have sole discretion in disclosing the names of vendors.
18. Electrical and Mechanical Goods, and soft furnishings.
Electrical and mechanical items will be offered for sale as decorative items only, and Semley Auctioneers accepts no responsibility for lots purchased for any other purpose, including the purpose for which the item was originally manufactured. Soft furnishings are subject to stringent fire safety regulations, and non-compliant lots will be removed from sale and disposed of, the costs to be borne by the vendor or agent of the vendor.
BUYERS CONDITIONS
19. Inspection.
Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
20. Property and Risk.
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot until the purchase price (as defined in 22 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall, if called upon to do so by the Auctioneer, pay forthwith to Semley Auctioneers such proportion of the purchase price as the Auctioneer may require as a deposit, failing which the Auctioneers may, at their sole discretion, re-offer the lot to be sold.
21. Bidder Status
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Semley Auctioneers that he acts as agent on behalf of a named principal.
22. Removal of Goods.
? No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by 13.00 hours on the tenth working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of ? 2.00 plus VAT per lot per day. If they are not paid for and removed within thirty days of the sale the Auctioneer may re-sale them by auction or privately without notice to the buyer. Any liability that there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
? In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Barclays Bank PLC base rate upon the price of any lot which has not been paid for within thirty days of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from third parties without the written agreement of both the buyer and Semley Auctioneers.
23. Purchase Price.
The purchaser shall pay the hammer price together with a premium of 22% of the hammer price plus VAT at the standard rate. The premium at the appropriate rate is payable by all purchasers. The amount invoiced in respect of the premium will be inclusive of VAT but this VAT will not normally be recoverable by the buyer.
24. Third Party Liability.
Every person on Semley Auctioneers' premises at any time shall be deemed to be there at their own risk. He or she shall have no claim on Semley Auctioneers in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Semley Auctioneers' employees.
