EXPLANATION OF CATALOGUING TERMS FOR PAINTINGS, MINIATURES, SCULPTURES AND PRINTS
Any statement as to authorship, attribution, origin, date and age, provenance and condition is a statement of opinion and is not to be taken as a statement of fact. Halls Fine Art reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable. 1. John Constable 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 John Constable In our opinion probably a work by the artist, but less certainty as to authorship is expressed than in the preceding category. 3. Studio of John Constable 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 artist’s direction. 4. Circle of John Constable 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. Style of… follower of John Constable In our opinion a work by a painter working in the artist’s style, contemporary, but not necessarily his pupil. 6. Manner of John Constable In our opinion a work in the style of the artist and of a later date. 7. After John Constable In our opinion a copy of a known work of the artist. 8. The term signed and/or dated and/or inscribed means that in our opinion the signature and/or date and/or inscription are from the hand of the artist. 9. The term bears a signature and/or date and/or inscription means that in our opinion the signature and/or date and/or inscription have been added by another hand. 10. Dimensions are given height before width. ARTISTS RESALE RIGHTS In accordance with Artists Resale Rights Regulations 2006, all lots marked ? which sell for €1000 or more are subject to a resale royalty charge (“Royalty”). This Royalty is payable by the Bidder. The Royalty will be charged at a rate of 4% of the total hammer price (exclusive of Bidder’s premium) for lots selling for amounts up to €50000. For lots selling in excess of €50,001, the Royalty shall be calculated at a reduced rate (details available on request). The Royalty is not subject to VAT and is payable in sterling calculated on the day of sale at the prevailing rate of exchange. Payment shall be passed directly to the Design and Artists Copyright Society (DACS), 33 Great Sutton Street, London EC1V 0DX. For further information please contact the Auctioneers or DACS on 0845 4103410 or visit their website at www.dacs.org.uk. 155 155 CONDITIONS OF SALE Definitions. In these Conditions Halls Holdings Limited act only as auctioneers and agents for the seller and the representative of Halls Holdings Limited conducting the auction is called the “Auctioneer”. General. Whilst Halls Holdings Limited make every effort to ensure the accuracy of their catalogues 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 sold by the seller with all faults, imperfections and errors of description. Halls Holdings Limited 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 seller to so certify, and in such case the auctioneers do so as agents of the seller 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 Halls Holdings Limited unless they have been instructed in writing by the seller to so certify. Any claim under any Statute must be received in writing by the Auctioneers within ten days of the day of the sale. The Auction. The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or 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 seller 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. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. Each lot is put up for sale subject to any reserve price placed by the seller. 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. Rescission. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale Halls Holdings Limited have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to Halls Holdings Limited in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Halls Holdings Limited that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The seller and the buyer agree to be bound by Halls Holdings Limited’s decision Default. Halls Holdings Limited disclaim responsibility for default by either the buyer or the seller because they act as agents for the seller only and therefore do not pay out to the seller until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith. In the event of a sale by private treaty both the seller and the buyer agree to be bound by the general and any Special Conditions of Sale. Third Party Liability. Every person on Halls Holdings Limited’s premises at any time shall be deemed to be there at his own risk. He shall have no claim against Halls Holdings Limited 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 Halls Holdings Limited’s employees 1. 2. (a) (b) (c) (d) 3. (a) (b) (c) (d) 4. 5. 6. 7. CONDITIONS OF SALE APPLICABLE TO BUYERS Inspection. Opportunity is given for inspection and each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise 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. Property and Risk. The legal title in a lot shall 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 sold until the purchase price (as defined in 10 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 forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay Halls Holdings Limited such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the auctioneer’s sole direction be put up again and re-sold. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Halls Holdings Limited that he acts as agent on behalf of a named principal. Removal of goods. No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyer’s risk and expense by the end of the second 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 warehousing charge. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which 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 buyer 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 lots, together with the charges and expenses in respect of both sales, and together with interest at 2% above Handelsbanken Base Rate upon the price of any lot which has not been paid for within forty-eight hours 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. We accept cash up to €10,000, debit cards, bank transfers and personal cheques. We apologise we do not accept credit cards. Cheques drawn by third parties, whether in the auctioneer’s favour or requiring endorsement, cannot be accepted. Purchase Price. The buyer shall pay the hammer price together with a premium at the stated rates on the hammer price of 20%. under the Auctioneers’ Margin Scheme operated by HM Customs & Excise, the premium does attract VAT as an addition to the stated premium rate. Commission to Bid. Halls Holdings Limited will execute bids on behalf of intending buyers unable to attend the sale at no charge. Halls Holdings Limited undertake to purchase lots as cheaply as allowed by other bids and reserves. Bids must be submitted in writing and whilst every care is taken in carrying out instructions Halls Holdings Limited cannot be held responsible for errors or omissions made in carrying out such bids. Lots on which Value Added Tax is payable on or included in the hammer price are indicated in the catalogue or description sheet with a sign. VAT is payable on or included in the hammer price of such lots at the rates prevailing on the day of the auction
CONDITIONS OF SALE APPLICABLE TO SELLERS The seller authorises Halls Holdings Limited to deduct commission at the published rate and to retain the buyer’s premium of 20% plus VAT. The seller agrees to pay all special advertising charges and illustration charges (see 24) insomuch that they are reasonable. Scale of Commission - Halls Business tariff card available at all Halls offices and salerooms on request. Value Added Tax. A seller who sends for sale by auction any chattel(s) 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 and, if so, his registered number and whether or not he intends to operate the Dealer Margin Scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods. Instructions. All goods delivered to the Auctioneers’ premises will be deemed to be delivered for Sale by Auction and will be catalogued and sold accordingly unless special instructions are recorded on the receipt. Reserves. Halls Holdings Limited will be pleased to advise on suitable protective reserves but if no reserves have been received prior to the day of the Sale, the lot will be sold without reserve or at the discretion of the Auctioneer. Reserves must be confirmed in writing or notified on the receipt at the time of delivery. Indemnity. Vendors shall indemnify Halls Holding Ltd against any claims in connection with goods sold by Halls on the vendor’s behalf. Collections. The Auctioneers do not themselves undertake the collection of goods but acting expressly as Agents, they will if required, instruct or recommend a carrier on the vendor’s behalf for which there will be a charge. Withdrawals. Where a seller cancels instructions for sale, or where a lot is withdrawn for any reason other than misattribution or authenticity, Halls Holdings Limited reserves the right to charge a fee equal to 10% plus VAT of the reserve price of the lot, or where no reserve has been fixed, Halls’ lower estimate of the item(s) withdrawn, together with any expenses incurred in relation to the item(s) withdrawn. Insurance. Halls Fine Art are not regulated by the FSA for the provision of insurance to its clients. However, Halls Holdings Limited, for its own protection insures property consigned to it at bottom pre sale estimate, unless the item has been sold, in which instance property is insured at the hammer price for loss, occasioned as a result of theft, fire or negligence whilst in their custody or control. Warranty of Title. The seller warrants to Halls Holdings Limited and to the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims. Photography. Vendors give Halls Holdings Limited the right to photograph and illustrate and promote any lot placed with them for sale and to use such photographs and illustrations at any time at their discretion, whether or not in connection with the auction. Electrical and Mechanical goods. The seller and consignor of 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. electrical or mechanical goods warrants and undertakes to Halls Holdings Limited that on the date received by Halls that the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health, and will indemnify Halls its servants and agents against any loss or damage suffered by any breach of the above warranty. Agency. The Auctioneers act throughout as Agents only and are not responsible for any default by the buyer. Halls Holdings Limited disclaim liability for paying the vendor until they have received settlement from the purchaser. Warehousing. The Auctioneers exempt themselves from any liability to goods delivered to their salerooms without sufficient sale instructions,and reserve the right to make a warehousing charge in this respect. A similar warehousing charge will be applicable for goods left on their premises after they have requested the vendor to remove them. Unsold goods. unsold goods must be collected if they are not to be re-offered within 14 days following receipt of any after sale advice slip. Halls Holdings Limited reserve the right to sell by auction on behalf of the vendor without reserve any items after this period. Important Notice. Any monies held on your behalf will be held in a Clients Bank Account at the Handelsbanken, Shrewsbury and will be protected by the FSA. Furthermore for your protection, Halls adhere to the Clients Monies rules of the RICS. Any incidental interest earned on such monies will be retained by Halls as part of their terms of engagements, and by instructing Halls to act on your behalf, you are agreeing to and endorsing that course of action. RICS operates a Clients’ Money Protection Scheme (CMPS). This scheme, of last resort, covers direct loss of clients’ money as a result of misappropriation (or equivalent) by a RICS Regulated Firm, up to a ?50000 limit. The CMPS nor Halls will provide protection for the failure of a bank. But protection for bank failure is provided by The Financial Services Compensation Scheme up to a ?50000 limit. A copy of Halls complaints procedure is on display at all Halls offices, and a copy will be made available to you on request. Online Bidding. Halls Holdings Limited 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 card details and unless alternative arrangements are agreed with Halls Holdings Limited you: Authorise Halls Holdings Limited, if they so wish, to charge the 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 authorised to provide these card details to Halls Holdings Limited through www.thesaleroom.com. We do not accept credit cards. Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 5% commission charge + VAT at the rate imposed on the hammer price 26. 27. 28. 29. 30. 1. Halls Holdings Limited Company Registration No. 06597073 VAT Registration No. 549 7365 94 MONEY LAUNDERING Lots in this sale may be purchased with notes, coins or travellers cheques in sterling provided that the total payable by you does not exceed the equivalent in sterling of €10000. If the amount payable by you exceeds the equivalent of €10000, the balance must be paid otherwise than in notes, coins or travellers cheques. These conditions are in accordance with The Money Laundering Regulations 2003. 157 157 CARRIAGE & PACKING Whilst Halls Fine Art are not packers or shippers we are happy to liaise with your chosen carrier for removal of lots after sale, given that buyers take full responsibility that the works are insured and that the carrier is responsible for both packing and insuring these works. Please note, no lots shall be released to carrier until payment has been received. If you have not arranged shipping with a chosen carrier, Halls Fine Art can also provide a list of shippers in our area. For further information, please email peter@hallsgb.com or call 01743 450700 IMPORTANT NOTICE TO JEWELLERY BUYERS Prospective buyers please note that lots marked with ? may be subject to VAT on the hammer price. Prospective buyers should note that although every effort is made to note repairs, restoration and damage in the catalogue descriptions, a lack of any such note should not be taken to imply that the lot is in perfect condition. Prospective watch buyers should note that the working order of watches is not guaranteed. All weights stated in the catalogue are approximate only, these figures are for reference only and prospective buyers should satisfy themselves as to the accuracy. Prospective buyers please note that we do not guarantee amber as being naturally formed and all or parts may be reconstituted. The colour of the amber may vary from the catalogue or online illustration. Prospective buyers are reminded that coloured gemstones have historically been treated to enhance their appearance. A variety of methods have been, and are currently used to improve both transparency and colour of various gemstones. All yellow and white metals have not been tested. The International Jewellery Trade generally accept these methods. It is not possible for Halls to obtain gemmological reports on all stones offered for sale and therefore all Halls Holding’s estimates assume that gemstones have been enhanced. IMPORTANT NOTICE TO BOOK BUYERS Prospective buyers should be aware that general wear to include; creasing, light foxing, small tears, bumped corners, worn boards or weak spine/joints, will not be specified in the catalogue descriptions. Any substantial losses/wear to include detached boards, detached spines or extensive graffiti will be described as ‘at fault’. Prospective buyers must satisfy themselves with a condition report prior to bidding, Halls Holdings can take no responsibility for condition of purchased lots if condition reports were not requested. IMPORTANT NOTICE Although every effort is made to note damage and restoration, the absence of such information does not imply that the lot is free from defects. Detailed condition reports and email images can be obtained on request until 4.00pm the day prior to the sale
BEFORE THE AUCTION What is buyer’s premium? All UK auctioneers charge a premium in addition to the hammer price. Halls’ Buyer’s Premium is 20% plus VAT for the first ?500,000 and 12% above ?500,000 per lot Can I ask questions about lots before the auction? You can ask for further details and extra images about any lots in our sales and this is especially important if you cannot attend to view the lot in person. We don’t detail condition in our catalogue descriptions and so recommend asking for a condition report and additional images. Our reports provide a general guide to the condition of a lot but are not a forensic examination and so a physical inspection by you or an appointed agent is ideal. To request a condition report go to the lot of interest on our website and click on the 'Request a condition report' button or email adminfineart@hallsgb.com. Condition reports are always given in writing. Buying ivory Items made of or containing elements of elephant ivory are subject to trading bans in the USA and China among other jurisdictions, and are subject to CITES regulations in the UK. If you are bidding outside the UK, please ensure you are aware of your country’s regulations BEFORE bidding. We cannot rescind a sale if you are unable to ship ivory to your country ATFER THE AUCTION When should I pay for my purchase? We usually like to receive payment and collection arrangements within seven days of the auction What payment methods can I use? You can pay with a debit card over the phone (up to ?1,000), direct bank transfer or a personal cheque. We regret that we do not accept payment by credit card. Cheques should be made payable to Halls Holdings Ltd Do I need to collect immediately? We prefer buyers to arrange collection within ten days of the auction. Please contact us to book a collection appointment. Please note that a storage and handling charge of ?5.00 + VAT per lot, per day, will be levied if after a period of seven days from the sale date, items remain uncollected. Halls Holdings Ltd. reserve the right to re-sell any items that have been paid for where appropriate after a period of fourteen days. The original buyer will be charged storage, full commission and insurance and the net proceeds remitted to them. Do you ship bought lots? Halls do not provide a shipping or postage service but we can assist in finding a suitable carrier for your bought lots.
