Information for buyers
Introduction
The below are aimed at helping Bidders and Buyers, especially those who are unfamiliar or new to our salerooms. Our Terms and Conditions, as well as any notices displayed in our salerooms or announced by the Auctioneer at the auction, govern all of our auctions. Our Terms and Conditions are accessible for review in our auction rooms, and the Terms of Sale are written at the back of our auction catalogues. If there is anything in our Terms & Conditions that you do not completely understand, our team would be delighted to assist you.
Payment Options
Before lots can be picked up or transported, they must be paid for. We ask that people attending the auction pay for their lots on the day of the sale. Payment methods are provided on our Website, including online payment upon receipt of your invoice, and should be made by 5 p.m. on the Friday following the sale. We can take cash up to a maximum of 10,000 euros equivalent. We accept credit card payments up to a maximum of ?5,000 per transaction. Before you can take the goods away, any cheques must be cleared.
Storage and collection
All Lots must be paid for and picked up by 5 p.m. on the Friday following the auction. Commission bidders should monitor the status of their bids and make arrangements for payment, collection, or shipment within this time frame. Please refer to the collection and storage criteria stated in the catalogue and on our website, which defines the appropriate costs, for our auctions. Items not removed before 5 p.m. on Friday. If items are not removed within this time frame the purchaser may be subject to additional charges; with storage charges of ?10 (plus VAT) for administration and ?2 (plus VAT) per lot each day.
Agency
As an Auction house, we typically work on behalf of the Seller, whose identity is not ordinarily disclosed for reasons of confidentiality. When you buy at auction, you enter into a contract with the Vendor, not with us as the Auctioneer.
Estimates
Estimates are intended to assist you in determining the amount of money that may be associated in the purchase of a specific Lot. Estimates are subject to change and should not be regarded as the final sale price. The lower estimate might indicate the Reserve Price (the lowest price for which a Lot can be sold) and will not be less than the Reserve Price. The Buyer's Premium and VAT are not included in the estimates (where applicable). Estimates are produced some time before the auction and can be changed by a saleroom notice or a statement made by the Auctioneer prior to the auction of the Lot. They are not conclusive.
Buyer's Premium
The Terms of Sale require you to pay a Buyer's Premium of 25% on the Hammer Price of each Lot won Furthermore, VAT is levied upon those Premiums (see below).
VAT
Lots in our catalogue may be marked with a dagger or double dagger, indicating that VAT is due by the Buyer on the Hammer Price and Buyer's Premium at either the regular rate (currently 20%) or the reduced rate (currently 5%), depending on the legislative requirements pertaining to that Lot.
VAT is not due on the Hammer Price of lots that do not contain one of the symbols above. This is due to the Auctioneers' Margin Scheme being used to sell such Lots, more information about this here: https://www.gov.uk/guidance/auctioneers-scheme-for-vat-notice-7182.
The VAT included into the Premium is not reclaimable as input tax.
Shipping costs are subject to VAT and must be paid by the buyer.
Buyer's Inspection of the Goods
We rely on information supplied by the Seller concerning their Goods since we work on their behalf. We will inspect Lots and make reasonable judgments regarding them. Nevertheless, we are usually unable to conduct comprehensive checks of Lots to determine their condition in the same manner that a Buyer would. You will have sufficient time to assess the Goods. You must examine and research any Lots on which you want to bid prior to them being offered at the hammer. Please take special note of the exclusion of obligation for the condition of Lots set forth in article 12.4 of the Terms of Sale.
Condition Reports
We are able to assist Buyers who are unable to view the auctions by providing a written or verbal condition report, however these are entirely based on our own judgement and are provided for guidance only, with no responsibility accepted for their correctness. Viewing is strongly suggested for prospective buyers. On the day of the sale, condition reports cannot be prepared.
Goods Removal/Transport
For small nonfragile lots purchased, we can provide an in-house delivery service. Shipping costs may be estimated prior to sale on our website under each Lot and are dependent on value, size, and your selected location. The cost of shipping can be added to your account and paid online after the auction. If you buy numerous lots from the same auction, we will combine packaging/delivery to save you money on shipping. For things that cannot be automatically estimated, such as furniture, you may receive a custom Shipping Cost from our website to any location in the UK.
Electrical Items
These are only available as 'antiques.' If you acquire electrical goods for use, you must have them checked by a qualified electrician to ensure that they comply with safety requirements before you use them.
Goods Exported
If you plan to export goods, you must first determine:
if an export permit is required; and whether importing Goods of that nature is banned, for example, because the Items include restricted substances such as ivory.
Bidding
Before the auction begins, bidders must register with us. We reserve the right to set a deadline before the auction for you to register or for us to receive a Commission bid. If you want to bid on high value Lots, the deadline may be several days before the auction to provide us enough time to do the appropriate inspections. Lots will be billed to the person and address listed on the registration form. You must give us with evidence of your identification in a form acceptable to us, as well as any other information we may ask. Please inquire ahead of time regarding our telephone or online bidding procedures.
Please keep in mind that we may refuse to register you if you do not supply us with all of the requested information and documents, or at our professional judgment.
Bidding by commission
You could leave Commission bids with us specifying the highest sum to be offered against a Lot (minus the Buyers' Premium and/or any applicable VAT). We intend to implement Commission bids at the lowest feasible cost, taking into account the Reserve (if applicable) and competing bids. We may favour the first bid received if two Bidders submit exact Commission bids (where this can be reasonably ascertained). We prefer leaving Commission bids online through our Website, but please contact us if you choose to leave bids by phone, fax, or email. All absentee bids must be submitted at least 30 minutes before the auction begins; we cannot guarantee that Commission bids received after this time will be fulfilled.
Bidding over the phone
When you're unable to attend the auction, you may be able to bid on higher value Lots over the phone. Keep in mind that this service is only available for Lots with an estimated value of ?100 or more for UK bidders and ?1000 or more for international bidders. Because the number of lines is limited, we want to encourage only serious phone bidding and ask that you be totally prepared to go above the maximum estimate. It is best to leave the highest possible covering offer in case we are unable to reach you by phone. All lines will be scheduled and confirmed in writing before the auction day, preferably ahead of time. Phone bidding includes numerous factors, and while we take every precaution to ensure that this service runs well, we cannot be held accountable if your bids are missed for any reason.
Bidding Online
Any Lots won through a live online bidding service may incur an extra Commission fee on the Hammer Price payable by the Bidder, based on the rates stated by the online provider. These fees will be reduced to 0% from 1st October 2021, if you bid using the Hutchinson Scott website. If you bid on the-saleroom.com, you will be charged 4.95 percent + VAT (5.94 percent). These fees will be in addition to the Hammer Price and our Buyer's Commission.
IMPORTANT NOTICES
Removal of lots
Lots must be removed from the premises by 5.00pm at the latest on the Friday following the sale. Hutchinson Scott reserve the right to transfer any leftover Lots into safe storage beyond this time, whereby a fee will be charged.
Electrical Goods
All electronic items that are certified safe must all be re-commissioned by a suitably certified electrician.
Upholstered Furniture After 1950
Many of the furnished lots in our sales are being offered for sale as a piece of art. The products may not conform with the Furniture and Furnishings (Fire) Safety Regulations 1988 and should not be utilised in a private residence as a result.
Terms of consignment
Please keep in mind that if you (or any person acting on your behalf) submit Goods to us to sell at our auction, you agree to and will abide by our Terms of Consignment.
Please keep in mind that these Terms of Consignment only apply to auctions handled by an Auctioneer.
'Auctioneer'
means Hutchinson Scott Auctioneers, a company registered in England and Wales with registration number 6858916 and whose registered office is located at Embsay Mills, Embsay, Skipton, BD23 6QR, as appropriate;
'Bidder'
the person (or agent) who bids on Goods at our auction;
‘Buyer’
means the person who makes the highest bid for the Goods accepted by the Auctioneer;
‘Commission’
means the Commission that we charge you on the sale of the Goods as set out in Clause 5 below;
‘Consumer’
means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
‘Consumer Contracts Regulations’
means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
‘Deliberate Forgery’
means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a particular creator without qualification; and (c) which at the date of the auction had a value materially less than it would have had if it had been as described.
‘FCA’
means the Financial Conduct Authority.
‘Goods’
means the Goods that you consign to us for sale at our auction.
‘Hammer Price’
means the level of the highest bid for the Goods accepted by the Auctioneer.
‘Premium’
means the Premium charged to the Buyer on the sale of the Goods in accordance with the Terms of Sale.
‘Price’
means the total of the Hammer Price, Premium and any applicable VAT.
‘Proceeds’
means the Price less the Commission, the Premium, any expenses incurred to your account and any applicable VAT.
‘Reserve’
means the minimum Price at which the Goods may be sold.
‘Seller’
means the owner of the Goods and any agent who consigns the Goods for sale on the owner’s behalf (if applicable);
‘Terms of Consignment’
means these Terms of Consignment.
‘Terms of Sale’
means the Terms of Sale for Bidders or Buyers at our auctions;
‘Trader’
means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person acting in the Trader’s name or on the Trader’s behalf (such as an agent and/or the Auctioneer);
‘VAT’
means any value added tax or equivalent sales tax; and
‘Website’
means our Website available at www.hutchinsonscott.co.uk
The phrases 'you,' 'yours,' and so forth relate to the Seller under these Terms of Consignment. The terms 'we,' 'us,' and so forth allude to the Auctioneer. If Goods are consigned to us by an agent, we presume that you (as the owner of the Goods) have authorised the consignment and the agency to engage on your behalf. All responsibilities that apply to the Seller under these Terms of Consignment apply jointly and independently to the owner of the Goods and their representative. Unless otherwise specified, every reference to a ‘Clause' refers to a clause of these Terms of Consignment.
2. Information that we are obligated to provide to customers
2.1 A summary of the key characteristics of the auction-related services that we provide to you, as outlined in these Terms of Consignment or otherwise accepted in writing with you.
2.2 Our name, address, and contact information, as specified in these Terms of Consignment and/or on our Website.
2.3 The rate at which we will charge you the Commission, plus any applicable VAT, on the sale of the Goods, as specified in Clause 5.
2.4 The fee that we will charge you, plus any relevant VAT, as set forth in Clause 19, if the Goods are unsold at auction or if you remove the Goods from the sale after they have been listed and/or advertised by us in any way prior to the auction.
2.5. The arrangements for the collection of any unsold Goods set out in Clauses 19 and 21, as well as the conditions for payment of any Proceeds payable to you provided in Clause 18.
2.6. If you have any problems, please contact us using the information provided on our Website.
3. Procedure for consigning items for auction sale
3.1 If you consign Goods to us for public auction, you must supply us with the following information about yourself in a form acceptable to us:
3.1.1 Your legal name and evidence of identification.
3.1.2 Product information (as defined in Clause 13);
3.1.3 Your bank account information; 3.1.4 Your address and contact information; and 3.1.5 Your VAT registration number (if applicable).
3.2 If you do not supply us with, or we are not pleased with, any of the above details, we may decline to accept consignment of your Goods for sale in our auction.
3.3 You must deliver the Goods to us by any specified deadline (at your expense). We may be able to help you with this procedure, but any duty to a carrier for haulage expenses is entirely your responsibility.
4. The agreement between you and the Buyer.
4.1 The contract for the purchase of the Lot between you and the Buyer will be formed when the Auctioneer records the winning Lot in the sale book accepting the highest bid for the Lot at auction, unless due diligence information required by the Auctioneer under the Money Laundering Regulations 2019 in accordance with their internal procedure remains outstanding, in which case the contract will be formed when that information is accepted by the Auctioneer as complete.
4.2 You may directly enforce any conditions in the Terms of Sale against a Buyer and/or a Bidder if you have suffered damages and/or loss as a result of the Buyer's or Bidder's breach of the Terms of Sale.
4.3 If you breach these Terms of Consignment, you could be held liable for any damages or losses caused to a Buyer, Bidder, or us. If we are approached by a Buyer or Bidder who desires to file a claim against you, we may, at our discretion, supply the Buyer or Bidder with information or help with such claim.
4.4 We typically operate as an agent solely and will not be held liable for any default by you or the Buyer.
5. The Commission
We will charge you a Commission on the sale of the Goods calculated as a percentage of the Hammer Price at 25 percent plus VAT.
6. Goods loss and damage
6.1 We are not authorised by the FCA to offer you insurance. We assume obligation for Goods from the time we take possession of the Goods until ownership is transferred to the Buyer, subject only to Clauses 6.3 and 6.4.
6.2 Our responsibility for Goods is limited to our mid pre-sale estimate for the Lot prior to the sale, or our value if no estimate was agreed upon, or the Hammer minus our agreed Commission if the Lot sold.
6.3 The liability recognised by us in Clause 6.1 excludes any liability for loss or damage to the Goods caused or resulting from: (i) any inherent vice or deficiency impacting the Goods; (ii) acts of God, flood, drought, earthquake, or other natural disaster; (iii) acts of terrorism, civil commotion, violent protests, or armed conflict; or (iv) nuclear, chemical, or biological contamination.
6.4 If you (or your agent) request us in writing not to take liability for Goods, the Goods remain wholly at your risk until they transfer to the Buyer or are collected by you or on your behalf. Clauses 6.1 - 6.3 will not be applicable in this instance.
7. Photography
You will be responsible for the cost of any pictures taken of your Goods for the auction catalogue, our Website, or online bidding platform. Unless you expressly request otherwise, we reserve the right to photograph all Goods. For this service, we reserve the right to charge a fee, but this may only apply at our discretion and must previously be agreed with yourself. We shall hold the copyright in such pictures, as well as the auction catalogue text.
8. Minimum bids and our exclusive discretion
In line with Clause 9, goods may be sold subject to a Reserve agreed upon between you and us prior to the auction. We may sell Goods for less than the Reserve if we account to you for the same sale Proceeds as if the Reserve had been the Hammer Price. If you expressly grant us ‘discretion,' we shall accept an offer that is up to 10% lower than the official Reserve.
9. Reserves
9.1 Reserves should be fair and may not exceed our Lot's lower pre-sale estimate. We reserve the right to refuse to sell Goods that, in our judgement, would be subject to an excessively high Reserve (in which case the Goods carry the storage charge set out in these Terms of Consignment).
9.2 When we have decided on a Reserve, it cannot be altered unless both you and us agree.
9.3 If a Reserve has been settled upon, only we may bid on your behalf, and only up to one bid below the Reserve (if any), and you may not bid personally or allow anyone else to bid on your behalf.
10. electrical items
We may use external contractors to test and certify safe or dangerous any electrical items that you intend to consign to us for sale, and we may charge you ?10 + VAT each Lot.
11. Unsafe Goods
If we believe that any of your Goods, particularly soft furnishings, violate safety requirements, we shall refuse to sell them. Such Goods must be removed at your own expense. If you do not collect the Goods within seven days after receiving notification from us, we may dispose of them at your expense.
12. Framed Pictures
Because picture frames are fragile, the Auctioneer takes no responsibility for any damage, however caused, to picture frames while in our control, whether in the auction room, in store, or in transportation.
13. Warranties and Product Information
13.1 You must give us with any and all information you know about the Goods' provenance, export/import record, condition, attribution, and genuineness (and any additional information that may be relevant).
13.2 In addition to any statutory guarantees, you warrant to us and the Buyer that:
13.2.1 Any information you give about the Goods is complete, accurate, and up to date;
13.2.2 the Goods will correspond to any description of the Goods you submit to us;
13.2.3 To the best of your knowledge, the basic features of the Goods listed in the sale brochure (as updated by any notice displayed in the saleroom or declared by us during the auction) are true.
13.2.4 To the best of your knowledge, the Items were legitimately imported and lawfully and permanently exported as necessary by the legislation of any country in which the Items were located; necessary declarations on the export and import of the Goods were properly made; and any levies on the export and import of the Goods were paid; and
13.2.5 you will pay all customs duties that are required.
13.3 You must notify us as soon as possible, and in any case before the auction, if you discover that any of the information you provided to us about the Goods is inaccurate, and/or if the Goods do not correspond with the description you issued to us, or the main characteristics of the Goods set out in the sale catalogue.
13.4 You understand that any information you give in connection to the Goods may comprise part of the contract between both of us and the Buyer, and that the Buyer may have a statutory right to reject the Goods if the information provided is inaccurate.
13.5 If we are required to refund the Price of any Goods to the Buyer as a result of the Goods being an Intentional Forgery, you must promptly, and in any case within seven days, pay back to us any Proceeds which we have transferred to you for those Goods following receipt of our formal notification requesting that you do so.
14 Transfer of Ownership of the Goods
You permit and facilitate to us and the Buyer that you are the genuine owner of the Goods (or have been adequately permitted by the rightful owner to offer the Goods on the owner's behalf) and that you presently have and will have the right to sell the Goods to the Purchaser with good and marketable title, exempt of any third-party rights or claims at the time ownership of the Goods is to be transferred directly.
15. Indemnification
You will indemnify and hold us completely indemnified against any and all liability, loss, damage, expenses (including reasonable legal fees as well as any VAT in connection to such expenses) and fees which we may incur or suffer as a result of any breach of Clauses 13 or 14, including, without limitation, if we are required to reimburse the Price of any Goods to the Buyer as a consequence of such a breach.
16. Conditions of Sale
You accept to sell the Items to the Purchaser in line with our Terms of Sale, a copy of this will be visible in the saleroom and published in our sale brochure.
17. Authority to deduct Commission and fees while holding Premium and interest
You give us permission to charge our Commission at the specified amount, as well as any expenditures incurred by yourself, from the Hammer Price, plus any applicable VAT. You agree that we have the right to charge the Buyer and keep the Premium plus any applicable VAT paid by the Buyer in line with our Terms of Sale, as well as any interest generated on the sale Proceeds, until the date of settlement.
18. Settlement
18.1 We will typically pay the net sum due to you within twenty-eight days from the day of the auction by BACS transfer direct into the bank account that you instructed us to in writing or by cheque to the Seller, provided the Buyer has paid for the Goods.
18.2 We shall not make payment to you if the Buyer has not paid for the Goods. There will be no settlement in this matter. We shall, however, discuss with you our rights under Clause 9 of our Terms of Sale in the event of a Buyer's inability to pay. We shall not deliver the Goods to the Buyer until we have received full payment for the Goods.
18.3 If your bank account information changes, you must notify us in writing. We shall not be held liable for any payments made to the erroneous bank account as a result of your failure to supply us with the right bank account information.
18.4 If we make an incorrect payment to your bank account, we may request repayment by issuing you an invoice.
18.5 We reserve the right to deduct any amounts owed to us from the Proceeds.
19.Unsold and withdrawn items
19.1 In the case that the Goods do not sell at auction, you permit us to arrange a private treaty sale no later than the close of business three working days after the auction's last day. In this event, you shall pay us the same fees as if the Goods had been sold at the drop of the hammer on the day of sale, and these Terms of Consignment will apply to any such sale to the extent applicable.
19.2 As well as Clause 19.1, we may re-offer unsold Goods at a future sale (or by private treaty subsequently, as set forth in Clause 19.1 above), but we may suggest a change in Estimates or Reserve. If we believe that Goods are unsaleable, we shall tell you, and you must collect such Goods from the saleroom within three business days after receiving our notification. If you do not quickly collect such Goods, we may charge you fair storage fees at a daily basis.
19.3 You shall pay us a fee of 30% of the lower estimate plus VAT on any Goods that are withdrawn from the auction after being listed and/or advertised by us in any way prior to the auction.
20. Withdrawal of goods by us
20.1 We could very well (operating fairly) withdraw your Goods from our auction at any time:
20.1.1 for lawful, loss of reputation, or organisational reasons (including if you fail to supply satisfactory evidence to verify your identity or title to the Goods);
20.1.2 if we reasonably believe you are, or are about to be, in breach of these Terms of Consignment; or
20.1.3 if we reasonably believe the Goods, are an Intentional Forgery.
21. Warehousing
21.1 We accept no responsibility for goods sent to our saleroom without adequate sale instructions. We reserve the right to impose a minimum storage fee of ?1 per Lot per day plus any relevant VAT, as well as an administration fee of up to ?10 plus VAT.
21.2 We shall notify you and request that you remove any unsold or withdrawn Goods. Unsold and withdrawn Goods shall be subject to the fees set forth in Clause 21.1 above if they are not removed within three days of the sale in which they were last offered, unless other arrangements have been made with the Auctioneer.
21.3 If you do not retrieve your unsold or withdrawn Goods within thirty days of them being offered for sale, we may: (a) sell such Goods and deduct fees from any net Sale proceeds; or (b) discard of these Goods at your expense.
21.4 When goods are sent to our saleroom for the agreed-upon particular purpose of appraisal, we shall tell you when they are ready for collection. In these cases, you shall have three months to collect the Goods before the charges or remedies outlined in this section take effect.
22. Our liability to you
22.1 We will not be accountable to you for any missed opportunities or disappointment as a result of taking part in our auction.
22.2 Furthermore, neither we nor the Buyer shall be liable to you, and you shall not be liable to the Buyer or us for any other loss or damage suffered by any of us that is not foreseeable as a result of any of us failing to comply with the Conditions of Business. Loss or damage is foreseeable if it is apparent that it will occur or if we, you, and the Seller understood it would occur at the time the Lot was sold.
22.3 Subject to Clause 22.4, if we are deemed to be liable to you for any reason (including, but not limited to, negligence, breach of contract, or malpractice), our liability shall be restricted to the Proceeds payable for the Goods if sold or the Reserve if unsold.
22.4 Despite the above, nothing in these Terms of Consignment restricts our or our staff' or agents' liability for:
22.4.1 death or physical injury caused by carelessness (as defined in the Unfair Contract Terms Act 1977); 22.4.2 fraudulent misrepresentation; or 22.4.3 any responsibility that cannot be waived by law.
23. Notices
23.1 All notifications between you and us about these Terms of Consignment should be in writing and signed by or on behalf of the party issuing it.
23.2 Any notification referred to in Clause 23.1 may be delivered as follows:
23.2.1 by hand; 23.2.2 by first class pre-paid post or recorded delivery; or
23.2.3 by email, provided that the receiver acknowledges receipt of the communication.
23.3 Notices must be sent:
23.3.1 via hand or recorded mail:
1. to us, at the address specified in these Terms of Consignment or at our registered office location shown on our Website;
2. and to you, at the most recent postal address you have provided to us in writing as your contact address.
23.3.2 through email:
1.to us, by sending the notice to the following email address: sales@hutchinsonscott.co.uk
2.to you, by sending the notice to any email address that you have given us in writing as your contact email address.
23.4 The following notices shall be treated as being received:
23.4.1 if delivered by hand, on the day of delivery; or
23.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or
23.4.3 if sent by email, at the time of transmission, unless sent after 17.00 in the place of receipt, in which case they will be considered to have been received on the following business day in the place of receipt (provided that the receipt is acknowledged by the recipient).
23.5 Any notification or communication made under these Terms of Consignment shall be invalid if communicated by fax, social media messaging, or text message.
24. Data Security
We will retain and handle any personal data about you in line with our current data protection policy, a copy of which can be seen at www.hutchinsonscott.co.uk.
25. General
25.1 The provisions of these Terms of Consignment act independently. If a court or other appropriate body rules that any of them are unconstitutional, the remaining provisions will continue in full force and effect.
25.2 We reserve the right to alter these Terms of Consignment at any moment and without notification to you. Please carefully examine these Terms of Consignment, as they may have changed since the last time you read them.
25.3 Except as expressly specified in these Terms of Consignment, all of our entitlements: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Consignment or general law; and (b) may be ceded only in writing and expressly. Suspension or non-exercise of any entitlement under these Terms of Consignment does not constitute a forfeiture of that or any other right. Any partial exercise of any right under these Terms of Consignment does not prevent subsequent or alternative use of that right or any other right under these Terms of Consignment. Suspension of any term of these Terms of Consignment does not constitute a concession of any other term or any future violation of that term.
25.4 These Consignment Terms and Conditions are between you and us. No one else, including you, the Buyer, or us, will have the authority to enforce any of these Terms of Consignment.
25.5 These Terms of Consignment, as well as any dispute or claim resulting out of or in relation with them (along with any non-contractual claims or disagreements), shall be ruled and construed in accordance with English law, and the parties irrevocably submit to the exclusive jurisdiction of English courts.
3. TERMS OF SALE
Please keep in mind that by registering to bid and/or bidding at auction, you agree to and will abide by these Terms of Sale.
Please keep in mind that these Terms of Sale only apply to auctions handled by an Auctioneer.
1. Definitions and their applications
1.1 In order to make these Terms of Sale simpler to comprehensive, we have assigned particular meanings to the following words:
'Auctioneer'
means Hutchinson Scott Auctioneers, a company registered in England and Wales with registration number 6858916 and whose registered office is located at Embsay Mills, Embsay, Skipton, BD23 6QR, as appropriate;
'Bidder'
the person (or agent) who bids on Goods at our auction;
‘Buyer’
means the person who makes the highest bid for the Goods accepted by the Auctioneer;
‘Commission’
means the Commission that we charge you on the sale of the Goods as set out in Clause 5 below;
‘Consumer’
means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
‘Consumer Contracts Regulations’
means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
‘Deliberate Forgery’
means: (a) an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source; (b) which is described in the catalogue as being the work of a particular creator without qualification; and (c) which at the date of the auction had a value materially less than it would have had if it had been as described.
‘FCA’
means the Financial Conduct Authority.
‘Goods’
means the Goods that you consign to us for sale at our auction.
‘Hammer Price’
means the level of the highest bid for the Goods accepted by the Auctioneer.
‘Premium’
means the Premium charged to the Buyer on the sale of the Goods in accordance with the Terms of Sale.
‘Price’
means the total of the Hammer Price, Premium and any applicable VAT.
‘Proceeds’
means the Price less the Commission, the Premium, any expenses incurred to your account and any applicable VAT.
‘Reserve’
means the minimum Price at which the Goods may be sold.
‘Seller’
means the owner of the Goods and any agent who consigns the Goods for sale on the owner’s behalf (if applicable);
‘Trader’
means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person acting in the Trader’s name or on the Trader’s behalf (such as an agent and/or the Auctioneer);
‘VAT’
means any value added tax or equivalent sales tax; and
‘Website’
means our Website available at www.hutchinsonscott.co.uk
The words 'you,' 'yours,' and so on relate to you, the Buyer, throughout these Terms of Sale. The terms 'we,' 'us,' and so forth allude to the Auctioneer. Unless otherwise specified, every reference to a ‘Clause' refers to a clause of these Terms of Sale.
2. Information that we are obligated to provide to customers
2.1 A summary of the key features of each Lot as described in the auction catalogue.
2.2 Our name, address, and contact information as set out in this document, in our auction catalogues, and/or on our Website.
2.3 The Cost of the Goods and the Payment Arrangements as outlined in Clauses 4, 5, 7, and 8.
2.4 The procedures set forth in Clauses 8 and 9 for the removal or delivery of the Goods.
2.5 You have the right to return a Lot and get a refund if it is a Deliberate Forgery, as defined in Clause 13.
2.6 We and Trader Sellers have a legal obligation to provide you with any Lots in line with these Terms of Sale.
2.7 If you have any concerns, please report them to us at the address shown on our Website.
3. Procedures for bidding and the Buyer
3.1 Before bidding, you must register your details with us and supply us with any necessary evidence of identification and billing information in a format that we accept. Before entering the auction room to observe or bid, you must also satisfy whatever security procedures we have in place.
3.2 We strongly advise you to attend the auction in person. You are solely responsible for your decision to bid on a certain Lot. We presume that if you bid on a Lot, whether by phone or online, or by submitting a Commission bid, you have thoroughly viewed the Lot and are happy with its condition.
3.3 We may execute Commission bids on your behalf if you request us in writing. Unless our failure to do so is unjustified, neither we nor our employees or agents will be held liable for any failure to execute your Commission bid. We have the right to favour the first offer made if two or more Commission bids at the same level are registered (where this can be reasonably ascertained).
3.4 The highest bidder for a Lot approved by the Auctioneer is the Buyer at the Hammer Price. Any disagreements over a bid will be resolved at our discretion. We may re-auction the Lot or resolve the matter in another manner.
3.5 Bidders shall be considered principals even if they are acting as agents for a third party.
3.6 We may bid on Lots on the Seller's request up to one bid below the Reserve.
3.7 If it is acceptable for us to do so, we might well decline to accept any bid.
3.8 Bidding increments will be determined solely at our discretion (but will be in line with standard auction practice).
4.The cost of purchase
Being the Buyer, you will pay:
a. the Hammer Price;
b. a Premium of 25 percent plus VAT on the Hammer Price;
c. any artist's resale right royalty payable on the sale of the Lot; and
d. any VAT due.
5. VAT
5.1 You are responsible for paying any VAT on the Hammer Price, Premium, and Shipping Costs (if applicable) payable for a Lot. For more information, please check the symbols used in the auction catalogue for that Lot, as well as the ‘Information for Buyers' section of our auction catalogue.
5.2 We will apply VAT at the present rate on the auction date.
6. The agreement between you and the Seller.
6.1 The contract for both you and the Seller for the purchase of the Lot will be created when the Auctioneer documents the winning Lot in the sale book accepting the highest bid for the Lot at auction, except if due diligence information required by the Auctioneer under the Money Laundering Regulations 2019 in compliance with their internal procedure remains outstanding, in which case the contract will accepted by the auctioneers as completed.
6.2 You might very well directly pursue any of the Terms of Consignment against a Seller if you incur damages and/or loss as a result of the Seller's breach of the Terms of Consignment.
6.3 If you violate these Terms of Sale, you may be held liable for any damages or losses incurred by a Seller or us. If we are approached by a Seller who desires to file a claim against you, we may, at our discretion, supply the Seller with information or help with that claim.
6.4 Typically we operate as an agent solely and will not be held liable for any default by you or the Seller (unless we are the Seller of the Lot).
7. Payment
7.1 Upon your winning offer being accepted on a Lot, you will:
7.1.1 provide us with evidence of identification in a format acceptable to us (together with any other details we require to comply with our anti-money laundering requirements); and 7.1.2 pay us the whole amount owed in any method that we agree to receive payment.
7.1.3 pay the Shipping Costs in full before the Goods are sent, if you agreed to the Auctioneer's shipping agent delivering the Goods.
7.2 If you owe us money, we may apply any payment you make to settle these debts.
8. Purchase title and collection
8.1 After you have effectively paid us in full for any Lot, ownership of that Lot will be transferred to you. You are not permitted to claim or collect a Lot until you have paid for it.
8.2 You will retrieve any Lots that you have acquired and paid for (at your own expense) no later than 5 p.m. on the Friday following the auction, or such later date as indicated in the printed catalogue or on our Website.
8.3 Should you consent to the Auctioneer sending the Goods, the Goods will be delivered only once the full Shipping Costs have been paid. We retain the right to refuse automatic shipping estimates for particular Lots, which will necessitate customised quotations from the shipping agency.
8.4 If you want to utilise the delivery service, you consent to allow the Auctioneer to exchange relevant personal information that we possess with the shipping agency in order for the shipping agent and you to communicate effectively and for delivery.
8.5 Should you not collect the Lot within the time period specified in Clause 8.2, you shall be liable for any fair removal and storage fees associated with that Lot.
8.6 When you (or your representatives) take physical possession of the Lot, the risk of loss or damage passes to you.
8.7 Unless you collect the Lot for which you have paid within thirty days of the auction, we reserve the right to sell the Lot. We shall pay you the Proceeds of any such sale after deducting any storage fees or any monies spent in the storage and sale of the Lot. On any such resale of the Lot, we retain the right to charge you a selling Commission at our normal rates.
9. Repercussion in the event of non-payment or failure to collect purchases
9.1 Do not bid on a Lot if you do not intend to purchase it. These Terms of Sale will apply to you if your bid is successful. This implies that you must fulfil your responsibilities under these Terms of Sale. If you fail to comply with these Terms of Sale, we may (on behalf of both the Seller and we) take one or more of the following actions:
9.1.1 file a legal action against you for breach of contract damages;
9.1.2 cancel the sale of the Lot to you and/or any additional Lots sold to you by us;
9.1.3 sell the Lot at auction or by private transaction (in which case you will have to pay any difference between the Price you should have paid for the Lot, and the Price we sell it for as well as the charges outlined in Clause 8.7). Please keep in mind that if we sell the Lot for a greater price than your winning bid, the extra money will go to the Seller.
9.1.4 You are responsible for removing, storing, and insuring the Lot.
10. Health and Security
Despite the fact that we take appropriate precautions for your health and safety, you are on our premises at your own risk. Please take notice of the layout of the property as well as the security procedures. We, our employees, and our agents are not liable for you or your property's safety while you visit our premises, unless you are injured, or your property is damaged as a consequence of our workers' or our agents' carelessness.
11. Warranties
11.1 The Seller guarantees to us and to you:
11.1.1 the Seller is the legal owner of the Lot for sale or has been permitted by the true owner to offer and sell the Lot at auction;
11.1.2 the Seller can exchange good and marketable title to the Lot to you independent of any third-party rights or claims; and
11.1.3 to the best of the Seller's knowledge, the main characteristics of the Lot set out in the auction catalogue (as amended by any notice displayed)
11.2 Should, after placing a winning bid and paying for a Lot, any of the above guarantees are proven to be false, please tell us in writing. Except as set out below, neither we nor the Seller will be obligated to pay you any sums in excess of the total amount owed, and we will not be accountable for any errors in the Seller's information.
11.3 Please keep in mind that many of the Lots available for bidding at our auction are pre-owned.
11.4 Should a Lot not be second-hand, and you buy it as a Consumer from a Trader, several additional conditions may be implied by law in addition to the Seller's guarantees set forth in Clause 11.1. (in particular under the Consumer Rights Act 2015). These Terms of Sale do not aim to limit your legal rights in relation to the sale of these Lots.
11.5 Except as expressly stated above, any other warranties, conditions, or other agreements that may exist between the Seller and you, or between us and you, or that may be implied or incorporated by statute, common law, or otherwise are expressly prohibited.
12. Characteristics and condition
12.1 The descriptions of the Lot will be based on: (a) details provided to us by the Lot's Seller (for which we will not be held responsible); and (b) our opinion (although it is likely that we will not be able to carry out a detailed inspection of each Lot).
12.2 Prior to the auction, you will have several opportunities to examine and evaluate the Lots. You (and any external experts acting on your behalf) must be satisfied with the accuracy of any Lot description. We will not be held liable if you or your consultants fail to properly inspect a Lot.
12.3 Our representations or assertions about authorship, genuineness, origin, date, age, provenance, condition, or anticipated selling price are subjective. We guarantee that any such perspective will be held honestly and rationally, and we assume responsibility for opinions expressed carelessly or fraudulently.
12.4 Please keep in mind that Lots (especially used Lots) are unlikely to be in pristine shape. Lots are being sold ‘as is' (i.e. as you see them at the time of the auction). We and the Seller take no obligation for the condition of second-hand Lots or for any condition issues affecting a Lot if such issues are indicated in the description of a Lot in the auction catalogue (or in any saleroom notice) and/or which the Buyer's examination of a Lot should have found.
13 Deliberate Forgeries
13.1 You may very well return any Lot discovered to be a Deliberate Forgery to us in less than thirty days of the auction date, provided that you return the Lot to us in the same condition in which it was released to you, and that you include a written statement recognising the Lot from the relevant catalogue description and a written statement of faults.
13.2 Should we be reasonably convinced that the Lot is a Deliberate Forgery, we shall reimburse the money you paid for the Lot (including any Premium and any VAT) if and only if the following conditions are met:
13.2.1 the catalogued description represents the acknowledged opinion of experts as of the auction day; or
13.2.2 you personally are unable to transfer good and marketable title to us, you will have no claim to a reimbursement under this Clause 13.2.
13.3 If you sell the Lot to another person, we will only be obligated to repay the Price you paid for the Lot. We shall not be liable for reimbursing any additional funds you may have received from the sale of the Lot.
13.4 Your right to return a Deliberate Forgery Lot has no bearing on your legal rights and is in addition to any other right or remedy given by law or by these Terms of Sale.
14. Our liability to you
14.1 We shall not be accountable for any missed opportunities or dissatisfaction as a result of taking part in our auction.
14.2 In addition to the foregoing, neither we nor the Seller shall be liable to you, and you shall not be liable to the Seller or us for any other loss or damage suffered by any of us that is not foreseeable as a result of any of us failing to abide by the Terms and Conditions. Loss or damage is foreseeable if it is apparent that it will occur or if we, you, and the Seller understood it would occur at the time the Lot was sold.
14.3 Pursuant to Clause 14.4, if we are deemed to be liable to you for any reason (including, but not limited to, negligence, breach of contract, or malpractice), our liability will be restricted to the total purchase Price paid by you to us for any Lot.
14.4 Notwithstanding the above, nothing in these Terms of Sale shall restrict our (or our employees' or agents') liability for:
14.4.1 death or personal damage caused by carelessness (as defined in the Unfair Contract Terms Act 1977);
14.4.2 fraudulent misrepresentation; or
14.4.3 any responsibility that cannot be avoided by law.
15. Notices
15.1 All notifications between you and us about these Terms of Sale should be in writing and signed by or on behalf of the party issuing it.
15.2 Any notification referred to in Clause 15.1 may be delivered as follows:
15.2.1 by hand;
15.2.2 by first class pre-paid post or recorded delivery; or
15.2.3 by email, provided that the receiver acknowledges receipt of the communication.
15.3 Notices must be sent:
15.3.1 via hand or recorded mail:
1. to us, at the address specified in these Terms of Sale or at our registered office location shown on our Website;
2. and to you, at the most recent postal address you have provided to us in writing as your contact address.
15.3.2 through email:
1.to us, by sending the notice to the following email address: sales@hutchinsonscott.co.uk
2.to you, by sending the notice to any email address that you have given us in writing as your contact email address.
15.4 The following notices shall be treated as being received:
15.4.1 if delivered by hand, on the day of delivery; or
15.4.2 if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting; or
15.4.3 if sent by email, at the time of transmission, unless sent after 17.00 in the place of receipt, in which case they will be considered to have been received on the following business day in the place of receipt (provided that the receipt is acknowledged by the recipient).
15.5 Any notification or communication made under these Terms of Sale shall be invalid if communicated by fax, social media messaging, or text message.
16. Data Security
We will keep and process any of your personal data in line with our current privacy policy, a copy of which is accessible on our website
17. General
17.1 We might well, in our sole discretion, restrict entrance to our premises or attendance at our auctions to anybody without any reason.
17.2 We operate as a representative for our Sellers. We may exercise the right to sue you for breach of these Terms of Sale, including and not limited to our employees or agents, or by the Seller, its employees, or agents, as necessary. Except as expressly stated in this Clause, these Terms of Sale are between you and us, and no one else has any rights to enforce any of these Terms of Sale.
17.3 In the catalogue descriptions of certain Lots, we may use special words. You must carefully study these terms, as well as any glossary given in our auction publications.
17.4 Each provision of these Terms of Sale acts independently. If a court or other appropriate body rules that any of them are unconstitutional, the remaining provisions will continue in full force and effect.
17.5 We have the right to alter these Terms of Sale at any time and without notification to you. Please read these Terms of Sale carefully as they may have changed since the previous time you read them.
17.6 Other than as expressly specified in these Terms of Sale, each of our rights and remedies: (a) are in addition to and not exclusive of any other rights or remedies under these Terms of Sale or common law; and (b) may be relinquished only in writing and unambiguously. Delay or non-exercise of any right under these Terms of Sale does not constitute a forfeiture of that or any other right. Any partial exercise of any right under these Terms of Sale does not prevent subsequent or alternative exercise of that right or any other right under these Terms of Sale. A waiver of any term of these Terms of Sale does not constitute a withdrawal of any other term or any future violation of that term.
17.7 These Terms of Sale, as well as any dispute or claim arising out of or in relation with them (including any non-contractual claims or disputes), are regulated and interpreted in conformity with English law, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
