亚洲艺术

INTRODUCTION
These conditions are the basis of Gorringe’s agreement with the Seller. Please read them carefully and ask for an explanation
of anything that you do not understand. Under the terms of this agreement we act as your agent. This means you will be
responsible for all statements and representations made by us on your behalf and you will be the principal to the Contract
for Sale with the Buyer of the Lot and responsible for breaches of that contract. For that reason you are required to give us
certain undertakings about the Lot in paragraph 4 and you must ensure that what you tell us about the Lot is correct and
complete (see paragraphs 4.1.5 and 4.1.6). You must check the Entry (see paragraph 6.3) if the Catalogue is made available
to you prior to the Sale. As your agent, we are not under any obligation, either to you or to any Buyer, under the Contract for
Sale which you make through us. Our liability to you is governed by this agreement.
We will offer the Lot for sale on the terms of the Contract for Sale, set out in Appendix 1 of the Catalogue. The Contract for
Sale will govern your relationship with any Buyer. The way in which we conduct auctions is explained in our Notice to Bidders,
set out in the Catalogue. We also have our own agreement with any Buyer, our Buyer’s Agreement, which is set out in
Appendix 2 of the Catalogue. Definitions and a Glossary of words and phrases used by us in this agreement and in these
associated documents are set out in Appendix 3 of the Catalogue, and are incorporated into this agreement. Words and
phrases that appear in the List of Definitions are printed in italics. We will provide you with copies of the text of these
documents before you enter into your agreement with us and you should familiarise yourself with them because, by entering
into this agreement, you consent to our selling the Lot on your behalf in accordance with our Notice to Bidders and on the
terms of the Contract for Sale and consent to our entering into our Buyer’s Agreement with any Buyer.
You should in particular be aware of the Guarantee contained in the Buyer’s Agreement, which we give personally to the
Buyer. Subject to the terms of the Guarantee, we undertake to buy back at the Purchase Price any Forgery (and, in the case
of Stamps, Lots which do not comply with their Contractual Description and in the case of Books, Lots which do not contain
text or illustrations) and, in this agreement with you, you agree to reimburse us for our costs and expenses in performing
this Guarantee (see paragraph 14).
All of the documents referred to above are subject to alteration by us before the sale of your Lot, but we will only alter them
in a way which is reasonable as between you and us.
DATA PROTECTION – USE OF YOUR INFORMATION
Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy
(subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our
Privacy Policy can be found on our Website www.gorringes.co.uk or requested by post from 15 North Street, Lewes, East
Sussex, BN7 2PE or by email from clientservices@gorringes.co.uk
1. OUR OBLIGATIONS
1. subject to any express written agreement we may make to provide additional (or fewer) services, we will:
1.0.1 if you bring the Lot in to us for examination or if we agree to examine it elsewhere, carry out the limited examination of
the Lot which we describe in paragraph 1.2.1;
1.1.2 based on any information you give to us about the Lot or we may have obtained about it, (including as a result of any
Standard Examination or Specialist Examination we have carried out) publish a brief Entry about the Lot in the
Catalogue on the basis explained in paragraph 1.3 and paragraph 6;
1.1.3 agree a Reserve, or that the Sale will be Without Reserve, in accordance with paragraph 7;
1.1.4 take delivery of and store the Lot in accordance with paragraph 8;
1.1.5 expose the Lot in pre-sale viewings or any other viewings as Gorringe’s may think fit and enter the Lot in the Sale;
1.1.5.1 produce a Condition Report in respect of the Lot where requested to do so by a potential Buyer if we think it
appropriate to do so;
1.1.6 conduct the Sale in accordance with paragraph 11;
1.1.7 accept payment from the Buyer of the Purchase Price and hold the Sale Proceeds on trust for you in accordance with
paragraph 12;
1.1.8 deal with a Lot sold at the Sale in accordance with paragraph 12 (including exercising on your behalf and for both
your and our benefit all and any of your rights and powers to collect payment of the Purchase Price);
1.1.9 deal with and sell any Lot unsold at the Sale in accordance with paragraph 13.
1.2 Examinations
1.2.1 when you consign a Lot for Sale by us at any saleroom, except 15 North Street, we will carry out a Standard
Examination of the Lot. The Standard Examination that we agree to carry out under this agreement is a visual
examination of the Lot by a non-specialist member of our staff. The degree of skill and care exercised by us in
such a Standard Examination will be proportionate to an examination of this limited nature. At 15 North Street, a
specialist on the Lot will carry out a visual examination (a Specialist Examination). Such examinations will not
involve investigation or research into the Lot, nor tests on it. If we perform a Specialist Examination, the degree
of skill and care involved will increase proportionately to the level of skill and care that would reasonably be
expected from a specialist on the Lot;
1.2.2 if you would like your Lot to be examined by a specialist on the Lot or for us to carry out investigation, research or
tests on the Lot, we will endeavour to arrange this. We may require you to pay additional Expenses or a
separate fee for arranging this, which we will agree with you;
1.2.3 we may also carry out for our own benefit (possibly without reference to you) our own investigations, research, tests,
or specialist(s) or other examinations of the Lot, but we are under no obligation whatsoever to do so. If we choose
to do so, you do not have to pay for it and it will not form part of any Standard Examination or Specialist
Examination.
1.3 Descriptions and Estimates
1.3.1 when providing a Standard Examination or Specialist Examination, we will normally provide an Estimate. An Estimate
is only an expression of our opinion of the range within which we think the Hammer Price for the Lot at the Sale
is likely to be. It is not an estimate of value. It does not take account of any VAT or Buyer’s Premium payable.
Lots can in fact sell for Hammer Prices below and above the Estimate. Any Estimate should not be relied on as
an indication of the actual selling price or value of a Lot;
1.3.2 anything stated or represented by us or on our behalf in any Description in relation to the authorship, attribution,
condition, provenances, history, background, authenticity, style, period, age, suitability, quality, roadworthiness,
origin, value, or future selling price (including the Hammer Price) of any Lot or by any Estimate given in relation
to it, whether in the Catalogue or on our Website or otherwise, and whether made orally or in writing, is only an
expression of our opinion;
1.3.3 any Descriptions, Estimates or opinions given by us or on our behalf will be honestly given, using such skill and care
as is reasonable having regard to the extent of that visual examination in the Standard Examination (or, if relevant,
Specialist Examination) of the Lot and any information about the Lot you have given us or we may have obtained
about it. If you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the Description
of the Lot given by you or on your behalf in any opinion or Description or any Estimate we give;
1.3.4 save that any Description, Estimate or opinion is honestly given with the degree of skill and care referred to in
paragraph 1.3.3, we neither make nor agree to make any contractual promise, undertaking, obligation, guarantee,
warranty or representation of fact in relation to any such Description, Estimate or opinion or in relation to the
accuracy of anything stated in or represented by any expression of that Description, Estimate or opinion;
1.3.5 any statements or representations contained in any Description or any Estimate may be changed by us at any time
until the Lot is sold (and will be, if we alter our opinion after it has been given);
1.3.6 if you wish us to provide a formal valuation of any Lot, you will need to request this, and enter into a separate
agreement with us specifying, in detail, the purposes for which the valuation is required and providing us with
greater information in relation to the Lot than is contained in the Contract Form. As this is an additional service (in
addition to our acting as your agent to sell your Lot), we will make a further charge for undertaking any valuation.
2. PRE-CONTRACT STATEMENTS AND REPRESENTATIONS AND THE CONTRACT FORM
2.1 we provide a free service to members of the public who bring in items for examination by us. Because the service is free
and you are under no obligation to us in relation to it, and because on such examinations we merely express an
opinion in relation to such items (which opinion we may change subsequently) and because we undertake specific
obligations to you under this agreement, we owe you no duty (other than to be honest) either in contract or tort in
relation to anything stated or represented (expressly or by implication) to you about the Lot and no such statement
or representation will be incorporated into this agreement and any liability under the Misrepresentation Act 1967
will be limited to the amount of any Consignment Fee payable;
2.2 any Description of the Lot on the Contract Form is for the purposes of identification only and (subject to paragraph 1.3.3
above) is not to be relied on.
2. PAYMENTS BY YOU
3.1 unless otherwise agreed in writing between us, you will pay to us either:
3.1.1 unless the Lot is sold by us (in which case paragraph 3.1.2 applies), the Consignment Fee (which will be payable on
demand). The Consignment Fee will be calculated according to the following scale of charges: If you withdraw
the lot after the catalogue is sent to press or published on the internet - the consignment fee will be calculated at
20% plus VAT of the reserve or lower estimate. If paragraph 7.6 applies (excessive Reserve placed on the Lot by
you), the Consignment Fee will be calculated at 20% of the Reserve placed by you;
3.1.2 if the Lot is sold by us, on such Sale, Commission calculated in accordance with the charges listed on the Contract
Form;
3.2. unless paragraphs 7.6 (excessive Reserve placed on the Lot by you) or 10.1 (refusal to sell for cause) apply, we will
charge the minimum sale fee if the Lot is offered for Sale during the Sale but is not sold by us on your behalf
either during the Sale or under paragraph 13. Minimum sale fee ?10 per lot. We will waive the Minimum sale fee
if agreed prior so that no unsold charges will be made or if we refuse to sell the Lot pursuant to paragraph 10.3.
3.3 in addition, you will pay us any Expenses on demand;
3.4 unless otherwise stated in this agreement, all sums payable to us will be subject to VAT at the appropriate rate and VAT
will be payable by you on all such sums;
3.6 any sum due from you but unpaid on the due date will bear interest (after as well as before judgement or order)
at the annual rate of 5% per annum above the base lending rate of Barclays Bank Plc from time to time to be
calculated on a daily basis from the date the sum became due until payment;
3.7 time will be of the essence in relation to the payment of any sums payable by you to Gorringe’s.
4. YOUR UNDERTAKINGS TO US
4.1 we are selling the Lot on your behalf as your agent and you therefore undertake to us that:
4.1.1 you are the owner of the Lot or, if you are not the owner of the Lot (whether or not you have notified us that you are
acting as an agent for a principal), you are duly authorised by the owner of the Lot to sell it;
4.1.2 save as disclosed to us in writing, you sell the Lot with full title guarantee free from all liens, charges, encumbrances
and third party claims;
4.1.3 you are legally entitled to sell the Lot and you are legally capable of conferring on the Buyer quiet possession of
the Lot and that in the event our selling the Lot, the Sale will conform in every respect with the terms implied by
the Sale of Goods Act 1979, Sections 12(1) and 12(2) (see the Definitions and Glossary);
4.1.4 you have complied with all requirements, legal or otherwise, relating to any export or import of the Lot, all duties and
taxes in respect of the export or import of the Lot have (unless otherwise agreed in writing with us) been paid and,
so far as you and any principal for whom you act in relation to the Lot are aware, all third parties have complied
with such requirements in the past;
4.1.5 you have notified us in writing of any material alterations to the Lot and provided us accurately with all information
(including any concerns expressed by third parties relating to the authorship, attribution, condition, provenance,
authenticity, age, suitability, quality and origin of the Lot) in relation to the Lot, or any Description of it, of which
you are aware or which is in your possession or of which any principal for whom you act in relation to the Lot is
aware or possesses;
4.1.6 you have notified us of all information of which you are aware or reasonably ought to be aware relating to the present
or past ownerships or use of the Lot (including any association of the Lot with persons or events of note);
4.1.7 in so far as you or any principal may become aware of any information (including any concerns expressed by third
parties) in relation to the Lot, or any Description of it, after this agreement has been made, you will promptly inform
us of it;
4.1.8 unless you notify us in writing to the contrary at the time the Lot is delivered to us, there are no restrictions, (whether
copyright or otherwise), affecting the Lot or our rights to photograph or illustrate the Lot, or reproduce (in any
manner and in any media) photographs or illustrations or any text of any information or Description of, about or
relating to the Lot provided by you or on your behalf;
4.2 you authorise us to give to the Buyer on your behalf the undertakings or information referred to at paragraphs 4.1.1 to
4.1.8.
5. INDEMNITIES FROM YOU
5.1 you agree to indemnify us against all claims, proceedings, liabilities, costs, Expenses and losses arising from:
5.1.1 any actual or alleged breach of any undertaking or obligation by you to us, whether by act or omission or otherwise;
5.1.2 any injury, loss or damage caused to any person by you;
5.1.3 our exercising any of our rights, powers and/or duties under paragraphs 10.1, 10.4 or 12.12;
5.1.4 our receiving or recovering (or seeking to recover where you have authorised us to do so) the Purchase Price, in
particular our exercising any of our rights, powers and/or duties under paragraph 12.12, where our costs and
Expenses are not otherwise recouped by us;
5.1.5 your fraud and our exercising any of our rights or powers under paragraph 15 in the event of fraud;
5.1.6 without prejudice to paragraph 5.1.1, any error, mis-description or omission in any Description of the Lot or any Estimate
in relation to it, so long as it was not caused by a breach of our duty to you under this agreement to exercise
reasonable skill and care.
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6. CATALOGUE & MARKETING
6.1 we will publish an Entry about the Lot in the Catalogue for the Sale. This may be by insert after publication of the
Catalogue. The Entry may also at our discretion be published on our Website but we are under no obligation to
do so;
6.2 the Entry will contain an Estimate and an expression of our opinion in relation to the Lot in addition to the Contractual
Description of the Lot. We may at our discretion include photograph(s) and/or illustration(s) of the Lot in the Entry,
but we are not under any obligation to do so, unless otherwise expressly agreed with you. The Entry is published
by us as your agent on your behalf;
6.3 a copy of the Entry or of the Catalogue itself will normally be made available to you prior to the Sale and, if it is, you must
notify us immediately (and in any event before the Sale) in writing, by recorded delivery, to the 15
North Street, Lewes, BN7 2PE or by email to clientservices@Gorringe’s.co.uk if there is anything in either the
Entry and/or the Catalogue in relation to the Lot which you (or any principal on whose behalf you act) are aware
is, or may be, inaccurate or incorrect or, in the case of any Description of the Lot, incomplete in any material
respect;
6.4 we may at our discretion produce on your behalf other marketing or promotional material in relation to the Lot but are not
under any obligation to do so unless we agree with you to do so, in which case we may charge you for it;
6.5 any Entry or any marketing or promotional material may be revised either orally or in writing from time to time (including
during the Sale) at our discretion;
6.6 the copyright in the text and the photographs and illustrations of the Lot contained in the Entry or the Catalogue
or on our Website or in any marketing or promotional material belongs to us. You will not reproduce or permit
anyone else to reproduce such text, photographs or illustrations without our prior written consent;
6.7 you will not produce or issue or cause to be produced or issued any marketing or promotional material nor make
nor cause to be made any public announcements relating to the Lot prior to the Sale.
7. RESERVES
7.1 the Lot will be sold Without Reserve unless a Reserve has been agreed with us or we have accepted a Reserve under
paragraph 7.5 or if paragraph 7.6.1 or 7.6.3 applies;
7.2 an agreed Reserve or the agreement that the Lot is to be sold Without Reserve cannot be altered without our written
consent;
7.3 if the Contract Form states a figure for the Reserve, that is the agreed Reserve with which the Lot will be sold;
7.4 if the Contract Form states that the Reserve is “NR”, “sell” or “0” or that the Lot is to be sold Without Reserve or that
there is no Reserve, it is agreed that the Lot will be sold Without Reserve;
7.5 if the Contract Form does not contain any of the statements referred to in paragraphs 7.3 or 7.4, the Lot will be sold
Without Reserve unless by written notice received by us at least 24 hours prior to the start of the Sale, you ask
us to place a Reserve on the Lot at a particular figure and we accept, in writing, that figure as the Reserve;
7.6 if the figure you give for the Reserve in the Contract Form or in a notice under paragraph 7.5 exceeds the lower figure
of any Estimate for the Lot which we have notified to you, we can refuse to accept it as the Reserve. If we do so,
we will give you notice of this and the Lot will be offered for Sale Without Reserve unless:
7.6.1 you agree that the Lot is offered for Sale at a Reserve set by us; or
7.6.2 you withdraw the Lot, giving us a Withdrawal Notice, in which case you will remain liable to pay us the Consignment
Fee and any other Expenses owing; or
7.6.3 you agree that the Lot is offered for Sale at the Reserve placed by you on the basis that, if the Lot does not sell at the
Sale for an amount equal to or greater than that Reserve, you will pay us the Minimum Sale Fee and any other
Expenses owing if it is not sold;
7.7 all Reserves will be in the currency of the country in which the Lot is to be sold. Any Reserve placed in any other
currency will be converted into that currency using the mid-market exchange rate at the close of business on the
day before the Sale as quoted to us by Barclays Bank Plc;
7.8 where a Reserve has been placed on the Lot, the Auctioneer may, at his sole discretion, place bids (up to an amount
not equalling or exceeding the Reserve) on your behalf;
7.8.1 where a reserve has been placed on the Lot, the Auctioneer may, where he deems it necessary accept a bid for the
lot one bid below the reserve;
7.9 where the Contract Form states that we are given “discretion” or “wide discretion” in relation to the Reserve, you
authorise us (and the Auctioneer) if the Auctioneer deems it necessary in order to sell the Lot (regardless of
estimate) to accept bids for the Lot at up to 10% or 50% respectively less than the Reserve;
7.10 in addition to the authority under paragraph 7.9, you authorise us (and the Auctioneer) to accept bids (and sell at a
Hammer Price) at less than the Reserve (or, if we are given “discretion” or “wide discretion” under paragraph 7.9,
at 10% or 50% as appropriate of the Reserve) provided that where we rely on that authority the Sale Proceeds
paid to you are calculated on the basis that the Hammer Price was an amount equal to the Reserve (or, if we are
given discretion” or “wide discretion” under paragraph 7.9, an amount equal to 90% or 50% as appropriate of the
Reserve);
7.11 you authorise us (and the Auctioneer) to refuse a bid(s) from any Bidder, including from the highest Bidder, and whether
or not there is a Reserve if such refusal is reasonable for the protection of your and/or our interests in the
circumstances.
8. DELIVERY, RESPONSIBILITY FOR THE LOT, STORAGE & RE-COLLECTION
8.1 Delivery:
8.1.1 unless otherwise agreed with you, you will deliver the Lot at your expense into our custody at the place and time
we will require of you;
8.1.2 you must notify us in writing at the time of delivery of the Lot of any special requirements and precautions reasonably
required by you for its storage. You will be required to pay any additional costs which may be incurred as a
consequence of your requirements. If your requirements are unreasonable we may refuse to accept the Lot and
may terminate this agreement forthwith, and you will remain liable to pay us the Consignment Fee;
8.2 Responsibility for the Lot:
8.2.1 unless otherwise agreed in writing between you and us, we accept responsibility to you, on the basis set out in
paragraph 8.2.2, for any damage to or loss or destruction of the Lot (other than a Lot which is a motor vehicle)
whilst the Lot is in our custody (whether or not caused by our negligence but excluding damage, loss or destruction
that is caused directly or indirectly by Terrorism) (the “Loss and Damage Warranty”) and you agree to pay us the
Loss and Damage Warranty Fee described in paragraph 8.2.3 in consideration for us accepting such
responsibility;
8.2.2 without prejudice to your statutory rights:-
8.2.2.1 our sole obligation to you under the Loss and Damage Warranty will be to pay you for any such damage, loss or
destruction as referred to in paragraph 8.2.1 up to an aggregate amount, in the case of total loss, equal to:- (a)
until the Lot is sold, a sum equal to the mid estimate with no deductions for commission or any other charges; or
(b) after the Lot has been sold but before title in the Lot has passed to the Buyer, the amount of the Hammer Price
less Commission and VAT;
8.2.2.2 our responsibility to you under the Loss and Damage Warranty will only continue until:- (a) if the Lot is sold, the
earlier of the collection of the Lot by or on behalf of the Buyer and the date that the Lot is taken into custody by
the Storage Contractor; or (b) if the Lot is unsold, the earlier of the expiry of any notice given under paragraphs
13.3 or 13.4 and the date that the Lot is taken into custody by the Storage Contractor. 8.2.3 The Loss and Damage
Warranty Fee payable shall be:-
8.2.3.1 if the Lot is unsold, a sum equal to 1.5% of the amount specified in paragraph 8.2.2.1(a) plus VAT (if applicable); or
8.2.3.2 if the Lot is sold at the Sale or subsequently by us on your behalf under paragraph 13, a sum equal to 1.5% of the
amount specified in paragraph 8.2.2.1(b) plus VAT (if applicable). This fee is included in our Expenses, which are
payable on demand;
8.3 Storage:
8.3.1 from the time when the Lot is delivered into our custody under paragraph 8.1.1 and while we continue to have custody,
we will have possession of it as bailee for reward and we will owe you a duty of care as such until title to the Lot
passes to the Buyer or to us under paragraphs 12.1 or 12.3;.
8.3.2 if the Lot is or becomes dangerous, whether before or after the Sale, we may dispose of it without advance notice to
you in any manner as we think fit and we will be under no liability to you for doing so;
8.3.3 you authorise us, acting as your agent and on your behalf, to enter into a contract (the “Storage Contract”) with the
Storage Contractor for the storage of the Lot from either (1) if the Lot is unsold, the expiration of the period referred
to in paragraph 13.4 or (2) if the Lot has been sold, the date specified in the Notice to Bidders, on the then current
standard terms and conditions agreed between Gorringe’s and the Storage Contractor copies of which are
available on request. We may instead choose to store the Lot at our own premises and, if this is the case, storage
fees at our current daily rates (currently a minimum of ?5 plus VAT per Lot per day) will be payable;
8.3.4 you undertake to comply with the terms of the Storage Contract and in particular to pay the charges due under the
Storage Contract whilst the Lot is being stored by the Storage Contractor on your behalf;
8.4 Re-collection by you:
8.4.1 if a Lot is withdrawn by you, or if we give you notice of our refusal to sell in accordance with paragraphs 10.1 or 10.3,
you must remove the Lot at your own expense within seven days after the date of the Withdrawal Notice or of our
notice of refusal to sell the Lot;
8.4.2 if the Lot is unsold at the Sale, we may give you not less than seven days’ notice to remove the Lot and you must then
remove the Lot at your own expense within that period. Until removal, such a notice will not terminate our authority
to sell the Lot under paragraph 13;
8.4.3 if you give us notice terminating our authority to sell under paragraph 13, you must remove the Lot at your own expense
within seven days of such notice.
8.4.4 before removing the Lot you must pay us all sums due to us from you;
8.4.5 if you fail to remove the Lot by the latest time provided for above, you will pay us on demand storage charges at our
current daily rate (currently a minimum charge of ?5 plus VAT per Lot per day) in respect of any period whilst the
Lot is stored at our premises after the latest time provided for above and any Expenses we incur and/or any
charges incurred under any Storage Contract. This is without prejudice to our power under paragraph 13 to sell
or dispose of the Lot.
9. WITHDRAWAL BY YOU
9.1 You may by written notice to us at any time revoke your instructions to sell the Lot by giving us a Withdrawal Notice. If
you give us a Withdrawal Notice, you will remain liable to pay us the Consignment Fee (see paragraph 3.1.1) on
demand.
10. OUR RIGHT TO REFUSE TO SELL AND OTHER RESPONSES FOR CAUSE
10.1 if we have reasonable cause for believing that:
10.1.1 we and/or you may be or are restrained by order of the court or other competent authority in respect of the Lot, or
may be or are otherwise not legally entitled to sell the Lot; or
10.1.2 you are in breach of any of the undertakings set out in paragraph 4; or
10.1.3 the information about the Lot given to us by you or on your behalf is inaccurate or misleading in any material respect;
or
10.1.4 the Lot is a Forgery we may refuse to sell the Lot in question. In this event, you will remain liable to pay us the
Consignment Fee and Expenses on demand;
10.2 we will give you written notice of any decision under paragraph 10.1 and of the reason for it as soon as practicable
after making our decision to refuse to sell the Lot in question;
10.3 in addition to our right to refuse to sell the Lot under paragraph 10.1, we may, by notice to you, refuse to sell any Lot
for any reason. If we exercise this right after delivery of the Lot under paragraph 8.1.1, we will reimburse to you
your reasonable expenses directly incurred by you in connection with that delivery and the collection and removal
of the Lot from our custody and/or control;
10.4 whenever it becomes apparent to us that the Lot is the subject of a claim by someone other than you (or that such a
claim can reasonably be expected to be made), we may, at our absolute discretion, deal with the Lot in any
manner which appears to us to recognise the legitimate interests of ourselves and the other parties involved and
lawfully protect our position and our legitimate interests. Without prejudice to the generality of this discretion and
by way of example, we may:
10.4.1 refuse to sell the Lot; and/or
10.4.2 retain the Lot to investigate any question raised or reasonably expected by us to be raised in relation to it; and/or
10.4.3 deliver the Lot to a person other than you; and/or
10.4.4 bring interpleader proceedings or seek any other order of any court, mediator, arbitrator or government body at your
cost; and/or
10.4.5 require a further indemnity (beyond those set out in paragraph 5) and/or security from you in return for pursuing a
course of action agreed to by you.
10.5 we will not exercise the rights under paragraph 10.4;
10.5.1 unless we believe that there exists a serious prospect of a good arguable case in favour of the claim; or
10.5.2 where the claim is a legitimate claim to the possession of the Lot by a Buyer of the Lot;
10.6 the rights under paragraph 10.4 are without prejudice to our rights to refuse to sell the Lot set out in paragraphs
10.1 and 10.3 and we may exercise them in addition to or in substitution for those rights and notwithstanding the
exercise of our rights any Consignment Fee and Expenses shall remain due and payable to us on demand.
10.7 the rights under paragraph 10.4 may be exercised at any time during which we have actual or constructive possession
of the Lot, or at any time after such possession, where the cessation of such possession has occurred by reason
of any decision, order or ruling of any court, mediator, arbitrator or government body.
11. THE SALE
11.1 We will conduct the Sale in accordance with our Notice to Bidders and will sell the Lot on your behalf on the terms of
the Contract for Sale subject to any alteration by us made at our discretion by notices, inserts and announcements.
We will exercise such discretion reasonably as between you and us.
11.2 Neither you nor any person on your behalf (other than the Auctioneer) may bid for the Lot, whether a Reserve has been
placed or not. If any such bid is nonetheless made, the Auctioneer may knock the Lot down to you without
observing any Reserve and you will pay to us the Buyer’s Premium in addition to the Commission and Expenses.
12. SALE PROCEEDS
12.1 subject to paragraph 12.3, title to the Lot will only pass to the Buyer on receipt by us in cleared funds of the full Purchase
Price. Once paid the Purchase Price and all other sums due to us, we will release the Lot to the
Buyer;
12.2 you agree that we or any associated company of ours may at our or its discretion offer credit facilities to the Buyer to
finance the sums payable to us and that the Buyer may use any existing credit facility with us (or any associated
company of ours) if permitted by the terms of that facility to pay the sums to be paid;
12.3 unless otherwise agreed in writing between you and us, we may at our discretion pay the Sale Proceeds to you before
receipt of the Purchase Price, and, on our doing so, title in the Lot will pass to Gorringe’s and your right to payment
of the Purchase Price will pass to us together with any right of action which you may have against the Buyer for
non-payment;
12.4 all sums received by us on account of the Purchase Price for the Lot will be paid by us into our Client Account at
Barclays Bank Plc A/C 70980943 and will be held by us upon trust for you (subject to the provisions of paragraphs
12.5 to 12.14 inclusive). From and following the payment by us of such sums into our Client Account our sole
obligation to you in respect of the Purchase Price and the Sale Proceeds will be to hold the same on trust for you
(in accordance with and subject to the provisions of paragraphs 12.5 to 12.14 inclusive below), and you will have
no further right or recourse against us in respect of the Purchase Price or the Sale Proceeds other than your rights
as beneficiary in connection with the Client Account. In particular, the funds in the Client Account are held at your
risk so that in the event of the insolvency of the bank at which the Client
Account is held or in the event of such bank’s delay in or failure to pay amounts standing to the credit of the Client
account we will have no liability to you for payment of the Sale Proceeds, unless any loss suffered by you is
attributable to our negligence or wilful default as trustee of the Client Account;
12.5 we may deduct from the Purchase Price and pay out of the Client Account to our own account any Consignment
Fee, Commission, Expenses, VAT and interest earned on the Client Account;
12.6 if the Buyer’s Premium (and VAT) payable on the sale of the Lot is paid into the Client Account we may pay out of the
Client Account to our own account the amount of the Buyer’s Premium and VAT;
12.7 we will distribute the Sale Proceeds held on trust for you under clause 12.4 (which, for the avoidance of doubt, shall be
the portion of the Purchase Price remaining after any deductions we are entitled to make pursuant to any of
paragraphs 12.5 to 12.7 inclusive or paragraphs 12.9 to 12.14 inclusive) 21 days after the Sale (or any Sale under
paragraph 13) or, if we receive the Purchase Price later than that date, within seven working days after the date
of receipt of the Purchase Price in cleared funds by us. Payment will be made by BACS in the currency in which
the Sale is conducted, and a statement sent, at your risk, by post or email to you at the address shown on the
Receipt Form or such other address as you may specifying writing. If you wish for us to send the money to a
foreign account by BACS you agree to us deducting any fees charged by our bank for such transfer (plus VAT if
applicable) from the amount transferred. Any BACS payment must be made to an account held in the same name
as the name on the Receipt Form. If you have not banked any cheque we send to you within seven years, we
may transfer from the Client Account to our own account a sum equal to the amount of the uncashed cheque and
use the amount in question for our own benefit. In this case we agree thereafter to pay to you on demand the
amount so withdrawn from the Client Account;
12.8 we may retain the Sale Proceeds in the Client Account until you have delivered to us any relevant documentation
reasonably required by us to evidence your right to transfer title to the Lot to the Buyer and all documentation
referred to in the Entry regarding the Lot;
12.9 we may deduct from the Purchase Price and pay out of the Client Account any monies due to us from you, including
any sums due to us in respect of any other goods bought or sold through us by you;
12.10 if before the Sale Proceeds have been distributed to you from the Client Account the Buyer or any other person
makes a claim against either you or us in relation to the Lot, we may withhold distribution of the Sale Proceeds to
you from the Client Account until such time as the claim has been resolved;
12.11 if the Buyer fails or refuses to pay the Purchase Price for the Lot to us in accordance with his obligations to do so, we
will notify you of this as soon as practicable;
12.12 if before the Sale Proceeds have been distributed to you from the Client Account the Buyer or any other person makes
a claim against either you or us in relation to the Lot, we may withhold distribution of the Sale Proceeds to you
from the Client Account until such time as the claim has been resolved. In that event we will transfer the Sale
Proceeds into a separate interest bearing Client Account with our bank. Any interest earned on these monies will
(subject to any statutory withholding tax) be payable to you unless otherwise agreed by you or determined by a
court of competent jurisdiction;
12.13 any monies recovered or paid to us in consequence of our taking any steps pursuant to paragraph 12.12 will be applied
(in each case with the addition of interest at the annual rate of 5% per annum above the base lending rate of
Barclays Bank Plc from time to time to be calculated on a daily basis from the date the relevant sum was paid by
us until the date of receipt by us of the monies) to the payment in the following order of:
12.13.1 all legal or other costs incurred by us in connection with such steps;
12.13.2 all other relevant Expenses;
12.13.3 Buyer’s Premium plus any VAT;
12.13.4 Commission plus any VAT Any balance remaining will be paid into the Client Account in accordance with paragraph
12.4 above. In the event that the monies recovered from the Buyer are insufficient to pay these amounts, any
such shortfall will be made good by you to us, on demand.
13. AUTHORITY TO SELL OR DISPOSE OF AN UNSOLD LOT
13.1 if the Lot is unsold at the Sale, we (as your sole and exclusive agent) may for a period of at least 21 days following the
Sale enter into an agreement to sell the Lot (at auction or by private treaty) upon such terms and conditions as
we may reasonably consider appropriate. Subject to paragraph 13.2 below, the minimum Sale Proceeds from
such a Sale will (if a Reserve has been agreed with or accepted by us) be not less than the Sale Proceeds would
have been if the Lot had been sold at the Reserve. Subject to paragraph 13.2 below, in the case where the Receipt
Form states that we are given “discretion” in relation to the Reserve then we may agree to sell the Lot at up to
10% less than the Reserve, and the Sale Proceeds from such a Sale will be not less than the Sale Proceeds
would have been if the Lot had been sold for an amount equal to 10% of the Reserve;
13.2 where a Lot has not sold at the Sale and we believe that it could be sold if the Reserve were reduced we will write to
you setting out our suggestion as to a new Reserve. If you do not object to the new Reserve suggested by us
within ten days of the date of our letter then the Reserve will be reduced accordingly. If you object to the
new Reserve within the above time period then the Reserve will remain unchanged and our authority to sell the
Lot in accordance with these conditions shall continue;
13.3 we will, unless agreed otherwise, be entitled to Commission on the Sale of the Lot under paragraph 13.1 and we
are entitled to charge a Buyer’s Premium plus VAT to any Buyer of any Lot on any such Sale;
13.4 you may terminate our authority to sell a Lot under paragraph 13.1 by giving us written notice for which proof of delivery
is required expiring at any time after the period of 45 days following the Sale, whereupon you must remove the
Lot at your expense within seven days of such notice;
13.5 in addition to the above authority to sell the Lot, you agree that, if you fail to remove the Lot by the expiry of the time
set for removal in paragraph 8.4, we may, after the expiration of 3 months written notice from us to you specifying
that we wish to sell pursuant to this paragraph 13.5, sell the Lot on your behalf (at auction or by private treaty)
Without Reserve if you still have not removed it. We will be entitled to deduct from the Purchase Price and pay
out of the Client Account: (a) the costs of Sale; (b) Commission on the Sale of the Lot by us under this paragraph;
and (c) any other sums due to us from you. In addition we will be entitled to charge a Buyer’s Premium plus VAT
to any Buyer of any Lot on such Sale, and we will be entitled to retain the Buyer’s Premium from the proceeds of
such a Sale;
13.6 if an unsold Lot has no monetary value, you authorise us to dispose of it in such manner as we think fit. We will give
you seven days notice of such disposal to allow you to collect it if you wish.
14. FORGERIES, STAMPS NOT MATCHING THEIR CONTRACTUAL DESCRIPTION AND BOOKS WITHOUT
ILLUSTRATIONS OR TEXT
14.1 if the Buyer exercises his rights under the Guarantee in our Buyer’s Agreement in respect of Lots consisting of or
containing Forgeries and/or Stamps not matching their Contractual Description and/or Books without illustrations
or text and, having been reasonably satisfied in accordance with the terms of the Buyer’s Agreement that a Lot is
a Forgery or, in the case of a Lot consisting of Stamps, does not comply with the Contractual Description of the
relevant Stamps, or in the case of a Lot consisting of Books, does not contain any illustrations or text, we have
purchased the Lot from the Buyer for an amount equal to the sum of the Purchase Price, Buyer’s Premium, VAT
and Expenses paid by the Buyer, you undertake to repurchase the Lot from us on demand for an amount equal
to the sum of the Purchase Price, Buyer’s Premium, VAT and Expenses, together with interest (after as well as
before judgement or order) at an annual rate equal to 5% above Barclays Bank Plc’s base lending rate from time
to time to be calculated on a daily basis from the date upon which we demanded payment from you until the date
of actual payment;
14.2 on payment to us of the amount referred to in paragraph 14.1, you will be entitled to collect the Lot and we will
transfer to you the full sum of the rights and interests in the Lot (if any) which we have obtained from the Buyer.
The said transfer will count as a Sale of the Lot within the provisions of the Sale of Goods Act 1979, Sections
12(3) and 12(5) and will not attract the provisions of Sections 12(1) and 12(2) of that Act in your favour (see the
Definitions and Glossary);
14.3 you authorise us to carry out such tests and processes on a Lot as we consider necessary at your cost to satisfy
ourselves that the Guarantee applies in any particular case.
15. FRAUD
15.1 In the event of any fraud by you or on your behalf which has induced the Buyer to purchase the Lot, we will be entitled
at our discretion and irrespective of whether we are personally liable to the Buyer to act in any reasonable manner
which appears to us to be best calculated to compensate the Buyer (which may include but is not limited to
repurchasing the Lot from the Buyer) and, so long as we ourselves were not also fraudulent with you, you will
indemnify us under the provisions in paragraph 5.1.5. You authorise us to carry out such tests and processes on
a Lot as we consider necessary to establish whether this paragraph applies.
16. LIMITS ON OUR LIABILITY
16.1 if you are selling the Lot in the course of a Business, we will be entitled to rely entirely upon the Description of the Lot
given by you or on your behalf in any opinion or Description or Estimate we give. Our liability in respect of any
Description given by us is excluded except to the extent that we fail accurately to reflect any Description of the
Lot given to us by you;
16.2 without prejudice to the exclusion of liability provided for in paragraph 16.1, we will not be liable (whether in negligence,
other tort, breach of contract or statutory duty or in restitution or in any other way) whether as a result of an act or
an omission, whether before or after this agreement, for any lack of conformity with or inaccuracy, error or misdescription or omission in any Description of a Lot or any opinion, Entry or Estimate in respect of it (whether
made in writing, including in the Catalogue, or on our Website, or orally or by conduct or otherwise) or in the
setting of any Reserve or for any failure to achieve a Sale or a Sale at a higher price than was achieved, except
in so far as it is caused by a breach of our duty to exercise reasonable skill and care in the performance of the
obligations we have agreed to under this agreement or in the case of fraud by us or on our behalf (and we will not
be liable to the extent that any breach of obligation by you has caused or contributed to it);
16.3 our duty to you while the Lot is your property and in our custody and / or control is that of bailee for reward, but we will
not be responsible for damage to the Lot or to other persons or things caused by;
16.3.1 handling the Lot if it is affected by woodworm and if any damage is caused as a result of it being so affected; or
16.3.2 changes in atmospheric pressure; nor will we be liable for;
16.3.3 damage to tension stringed musical instruments; or
16.3.4 damage to gilded picture frames, plaster picture frames or to picture frame glass;
16.4 we will not be liable to you for any loss of Business, Business profits or revenue or income or for loss of Business
reputation or for disruption to Business or wasted time on the part of management or staff or, if you are selling the
Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any
case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether
the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract,
statutory duty, bailee’s duty, restitutionary claim or otherwise;
16.5 if you are selling the Lot in the course of a Business, in any circumstances where we are liable to you in respect
of a Lot, or any act, omission, statement or representation in respect of it or this agreement or its performance,
and whether in damages, for an indemnity or contribution, for a restitutionary remedy or in any way whatsoever,
our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the
Purchase Price (if any) or, if the Lot is not sold, the Notional Price, irrespective in any case of the nature, volume
or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the
liability arises from negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or
otherwise. You may wish to protect yourself against loss by obtaining your own insurance;
16.6 nothing set out above will be construed as excluding or restricting (whether directly or indirectly) any person’s
liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal
injury caused by our negligence (or any person under our control or for whom we are legally responsible), or (iii)
acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the
extent the same may not be excluded or restricted as a matter of law.
17. MISCELLANEOUS
17.1 you may not assign either the benefit or burden of this agreement;
17.2 our failure or delay in enforcing or exercising any power or right under this agreement will not operate or be deemed
to operate as a waiver of our rights under it except to the extent of any express waiver given to you in writing. Any
such waiver will not affect our ability subsequently to enforce any right arising under this agreement;162
17.3 if either party to this agreement is prevented from performing that party’s respective obligations under this agreement
by circumstances beyond its reasonable control or if performance of its obligations would by reason of such
circumstances give rise to a significantly increased financial cost to it, that party will not, for so long as such
circumstances prevail, be required to perform such obligations. This paragraph does not apply to the obligations
imposed on you by paragraphs 3, 4, 5, 6.3, 8 or 14;
17.4 any notice or other communication to be given under this agreement must be in writing and may be delivered by email,
by hand or sent by first class post or air mail or fax transmission in the Receipt Form (unless notice of any change
of address is given in writing). It is the responsibility of the sender of the notice or communication to ensure that
it is received in a legible form within any applicable time period;
17.5 if any term or any part of any term of this agreement is held to be unenforceable or invalid, such unenforceability or
invalidity will not affect the enforceability and invalidity of the remaining terms or the remainder of the relevant
term;
17.6 references in this agreement to Gorringe’s will, where appropriate, include reference to Gorringe’s officers, employees
and agents:
17.7 the headings used in this agreement are for convenience only and will not affect their interpretation:
17.8 in this agreement “including” means “including, without limitation”.
17.9 references to the singular will include reference to the plural (and vice versa) and reference to any one gender will
include reference to the other genders;
17.10 reference to a numbered paragraph is to a paragraph of this agreement;
17.11 save as expressly provided in paragraph 17.12 nothing in this agreement confers (or purports to confer) on any person
who is not a party to this agreement any benefit conferred by, or the right to enforce any term of, this agreement;
17.12 where this agreement confers an immunity from, and/or an exclusion or restriction of, the responsibility and/or liability
of Gorringe’s, this agreement will also operate in favour and for the benefit of Gorringe’s holding company and
the subsidiaries of such holding company and the successors and assigns of Gorringe’s and of such companies
and of any officer, employee and agent of Gorringe’s and such companies, each of whom will be entitled to rely
on the relevant immunity and/or exclusion and/or restriction within and for the purposes of Contracts (Rights of
Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person who is not a party to
the contract, and generally at law.
18. GOVERNING LAW
18.1 All transactions to which this agreement applies and all connected matters will be governed by and construed in
accordance with the laws of that part of the United Kingdom where the Sale takes (or is to take) place and we and
you each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that we may
bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of
the relevant jurisdiction. Gorringe’s has a complaints procedure in place.
APPENDIX 1 CONTRACT FOR SALE
IMPORTANT: These terms may be changed in advance of the Sale of the Lot to you, by the setting out of different
terms in the Catalogue for the Sale and/or by placing an insert in the Catalogue and/or by notices at the Sale venue
and/or by oral announcements before and during the Sale at the Sale venue. You should be alert to this possibility
of changes and ask in advance of bidding if there have been any.
Under this contract the Seller’s liability in respect of the quality of the Lot, it’s fitness for any purpose and its
conformity with any Description is limited. You are strongly advised to examine the Lot for yourself and/or obtain
an independent examination of it before you buy it.
1.THE CONTRACT
1.1 these terms govern the Contract for Sale of the Lot by the Seller to the Buyer;
1.2 the Definitions and Glossary contained in Appendix 3 in the Catalogue are incorporated into this Contract for Sale and
a separate copy can also be provided by Gorringe’s on request. Where words and phrases are used which are in
the List of Definitions, they are printed in italics;
1.3 the Seller sells the Lot as the principal to the Contract for Sale, such contract being made between the Seller and you
through Gorringe’s which acts in the sole capacity as the Seller’s agent and not as an additional principal.
However, if the Catalogue states that Gorringe’s sells the Lot as principal, or such a statement is made by an
announcement by the Auctioneer, or by a notice at the Sale, or an insert in the Catalogue, then Gorringe’s is the
Seller for the purposes of this agreement;
1.4 the contract is made on the fall of the Auctioneer’s hammer in respect of the Lot when it is knocked down to you.
2. SELLER’S UNDERTAKINGS
2.1 the Seller undertakes to you that:
2.1.1 the Seller is the owner of the Lot or is duly authorised to sell the Lot by the owner;
2.1.2 save as disclosed in the Entry for the Lot in the Catalogue, the Seller sells the Lot with full title guarantee or, where
the Seller is an executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he may
have in the Lot;
2.1.3 except where the Sale is by an executor, Trustee, liquidator, receiver or administrator the Seller is both legally entitled
to sell the Lot, and legally capable of conferring on you quiet possession of the Lot and that the Sale conforms in
every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (see the Definitions
and Glossary);
2.1.4 the Seller has complied with all requirements, legal or otherwise, relating to any export or import of the Lot, and all
duties and taxes in respect of the export or import of the Lot have (unless stated to the contrary in the Catalogue
or announced by the Auctioneer) been paid and, so far as the Seller is aware, all third parties have complied with
such requirements in the past;
2.1.5 subject to any alterations expressly identified as such made by announcement or notice at the Sale venue or by
the Notice to Bidders or by an insert in the Catalogue, the Lot corresponds with the Contractual Description of the
Lot, being that part of the Entry about the Lot in the Catalogue which is in bold letters and (except for colour) with
any photograph of the Lot in the Catalogue and the contents of any Condition Report which has been provided to
the Buyer.
3. DESCRIPTIONS OF THE LOT
3.1 paragraph 2.1.5 sets out what is the Contractual Description of the Lot. In particular, the Lot is not sold as
corresponding with that part of the Entry in the Catalogue which is not printed in bold letters, which merely sets
out (on the Seller’s behalf) Gorringe’s opinion about the Lot and which is not part of the Contractual Description
upon which the Lot is sold. Any statement or representation other than that part of the Entry referred to in
paragraph 2.1.5 (together with any express alteration to it as referred to in paragraph 2.1.5), including any
Description or Estimate, whether made orally or in writing, including in the Catalogue or on Gorringe’s Website,
or by conduct, or otherwise, and whether by or on behalf of the Seller or Gorringe’s and whether made prior to or
during the Sale, is not part of the Contractual Description upon which the Lot is sold;
3.2 except as provided in paragraph 2.1.5, the Seller does not make or give and does not agree to make or give any
contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact, or undertake any duty
of care, in relation to any Description of the Lot or any Estimate in relation to it, nor of the accuracy or completeness
of any Description or Estimate which may have been made by or on behalf of the Seller including by Gorringe’s.
No such Description or Estimate is incorporated into this Contract for Sale.
4. FITNESS FOR PURPOSE AND SATISFACTORY QUALITY
4.1 the Seller does not make and does not agree to make any contractual promise, undertaking, obligation, guarantee,
warranty, or representation of fact in relation to the satisfactory quality of the Lot or its fitness for any purpose;
4.2 the Seller will not be liable for any breach of any undertaking, whether implied by the Sale of Goods Act 1979 or
otherwise, as to the satisfactory quality of the Lot or its fitness for any purpose.
5. RISK, PROPERTY AND TITLE
5.1 risk in the Lot passes to you when it is knocked down to you on the fall of the Auctioneer’s hammer in respect of
the Lot. The Seller will not be responsible thereafter for the Lot prior to you collecting it from Gorringe’s or the
Storage Contractor, with whom you have separate contract(s) as Buyer. You will indemnify the Seller and keep
the Seller fully indemnified from and against all claims, proceedings, costs, expenses and losses arising in respect
of any injury, loss and damage caused to the Lot after the fall of the Auctioneer’s hammer until you obtain full title
to it;
5.2 title to the Lot remains in and is retained by the Seller until the Purchase Price and all other sums payable by you
to Gorringe’s in relation to the Lot have been paid in full to, and received in cleared funds by, Gorringe’s
6. PAYMENT
6.1 your obligation to pay the Purchase Price arises when the Lot is knocked down to you on the fall of the
Auctioneer’s hammer in respect of the Lot;
6.2 time will be of the essence in relation to payment of the Purchase Price and all other sums payable by you to
Gorringe’s. Unless agreed in writing with you by Gorringe’s on the Seller’s behalf (in which case you must comply
with the terms of that agreement), all such sums must be paid to Gorringe’s by you in the currency in which the
Sale was conducted by not later than 4.30pm on the second working day following the Sale and you must ensure
that the funds are cleared by the seventh working day after the Sale. Payment must be made to Gorringe’s by
one of the methods stated in the Notice to Bidders unless otherwise agreed with you in writing by Gorringe’s. If
you do not pay any sums due in accordance with this paragraph, the Seller will have the rights set out in paragraph
8 below.
7. COLLECTION OF THE LOT
7.1 unless otherwise agreed in writing with you by Gorringe’s, the Lot will be released to you or to your order only
when Gorringe’s has received cleared funds to the amount of the full Purchase Price and all other sums owed by
you to the Seller and to Gorringe’s;
7.2 the Seller is entitled to withhold possession from you of any other Lot he has sold to you at the same or at any
other Sale and whether currently in Gorringe’s possession or not until payment in full and in cleared funds of the
Purchase Price and all other sums due to the Seller and/or Gorringe’s in respect of the Lot;
7.3 you will collect and remove the Lot at your own expense from Gorringe’s custody and/ or control or from the
Storage Contractor’s custody in accordance with Gorringe’s instructions or requirements;
7.4 you will be wholly responsible for packing, handling and transport of the Lot on collection and for complying with
all import or export regulations in connection with the Lot;
7.5 you will be wholly responsible for any removal, storage or other charges or expenses incurred by the Seller if you
do not remove the Lot in accordance with this paragraph 7 and will indemnify the Seller against all charges, costs,
including any legal costs and fees, expenses and losses suffered by the Seller by reason of your failure to remove
the Lot including any charges due under any Storage Contract. All such sums due to the Seller will be payable on
demand.
8. FAILURE TO PAY FOR THE LOT
8.1 if the Purchase Price for a Lot is not paid to Gorringe’s in full in accordance with the Contract for Sale the Seller will be
entitled, with the prior written agreement of Gorringe’s but without further notice to you, to exercise one or more
of the following rights (whether through Gorringe’s or otherwise):
8.1.1 to terminate immediately the Contract for Sale of the Lot for your breach of contract;
8.1.2 to resell the Lot by auction, private treaty or any other means on giving seven days’ written notice to you of the
intention to resell;
8.1.3 to retain possession of the Lot;
8.1.4 to remove and store the Lot at your expense;
8.1.5 to take legal proceedings against you for any sum due under the Contract for Sale and/or damages for breach of
contract;
8.1.6 to be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per
annum above the base rate of Barclays Bank Plc from time to time to be calculated on a daily basis from the date
upon which such monies become payable until the date of actual payment;
8.1.7 to repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless the
Buyer buys the Lot as a Consumer from the Seller selling in the course of a Business) you hereby grant an
irrevocable licence to the Seller by himself and to his servants or agents to enter upon all or any of your premises
(with or without vehicles) during normal Business hours to take possession of the Lot or part thereof;
8.1.8 to retain possession of any other property sold to you by the Seller at the Sale or any other auction or by private
treaty until all sums due under the Contract for Sale shall have been paid in full in cleared funds;
8.1.9. to retain possession of, and on three months’ written notice to sell, Without Reserve, any of your other property
in the possession of the Seller and/or of Gorringe’s (as bailee for the Seller) for any purpose (including, without
limitation, other goods sold to you) and to apply any monies due to you as a result of such Sale in satisfaction or
part satisfaction of any amounts owed to the Seller or to Gorringe’s; and
8.1.10 so long as such goods remain in the possession of the Seller or Gorringe’s as its bailee, to rescind the contract
for the Sale of any other goods sold to you by the Seller at the Sale or at any other auction or by private treaty
and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed
to the Seller or to Gorringe’s by you;
8.2 you agree to indemnify the Seller against all legal and other costs of enforcement, all losses and other expenses
and costs (including any monies payable to Gorringe’s in order to obtain the release of the Lot) incurred by the
Seller (whether or not court proceedings will have been issued) as a result of Gorringe’s taking steps under this
paragraph 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order)
at the rate specified in paragraph 8.1.6 from the date upon which the Seller becomes liable to pay the same until
payment by you;
8.3 on any resale of the Lot under paragraph 8.1.2, the Seller will account to you in respect of any balance remaining
from any monies received by him or on his behalf in respect of the Lot, after the payment of all sums due to the
Seller and to Gorringe’s, within 28 days of receipt of such money by him or on his behalf.
9. THE SELLER’S LIABILITY
9.1 the Seller will not be liable for any injury, loss or damage caused by the Lot after the fall of the Auctioneer’s
hammer in respect of the Lot;
9.2 subject to paragraph 9.3 below, except for breach of the express undertaking provided in paragraph 2.1.5, the
Seller will not be liable for any breach of any term that the Lot will correspond with any Description applied to it by
or on behalf of the Seller, whether implied by the Sale of Goods Act 1979 or otherwise;
9.3 unless the Seller sells the Lot in the course of a Business and the Buyer buys it as a Consumer;
9.3.1 the Seller will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution
or under the Misrepresentation Act 1967, or in any other way) for any lack of conformity with, or inaccuracy, error,
mis-description or omission in any Description of the Lot or any Entry or Estimate in relation to the Lot made by
or on behalf of the Seller (whether made in writing, including in the Catalogue, or on the Website or orally, or by
conduct or otherwise) and whether made before or after this agreement or prior to or during the
Sale;
9.3.2 the Seller will not be liable for any loss of Business, Business profits or revenue or income or for loss of reputation
or for disruption to Business or wasted time on the part of the Buyer or of the Buyer’s management or staff or, for
any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source
of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or
claimed in respect of any negligence, other tort, breach of contract, statutory duty, restitutionary claim or
otherwise;
9.3.3 in any circumstances where the Seller is liable to you in respect of the Lot, or any act, omission, statement, or
representation in respect of it, or this agreement or its performance, and whether in damages, for an indemnity or
contribution or for a restitutionary remedy or in any way whatsoever, the Seller’s liability will be limited to payment
of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in
any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due,
and irrespective of whether the liability arises from any negligence, other tort, breach of contract, statutory duty,
bailee’s duty, restitutionary claim or otherwise;
9.4 nothing set out in paragraphs 9.1 to 9.3 above will be construed as excluding or restricting (whether directly or
indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud,
or (ii) death or personal injury caused by the Seller’s negligence (or any person under the Seller’s control or for
whom the Seller is legally responsible), or (iii) acts or omissions for which the Seller is liable under the Occupiers
Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter
of law.
10. MISCELLANEOUS
10.1 you may not assign either the benefit or burden of the Contract for Sale;
10.2 the Seller’s failure or delay in enforcing or exercising any power or right under the Contract for Sale will not operate
or be deemed to operate as a waiver of his rights under it except to the extent of any express waiver given to you
in writing. Any such waiver will not affect the Seller’s ability subsequently to enforce any right arising under the
Contract for Sale;
10.3 if either party to the Contract for Sale is prevented from performing that party’s respective obligations under the
Contract for Sale by circumstances beyond its reasonable control or if performance of its obligations would by
reason of such circumstances give rise to a significantly increased financial cost to it, that party will not, for so
long as such circumstances prevail, be required to perform such obligations. This paragraph does not apply to
the obligations imposed on you by paragraph 6;
10.4 any notice or other communication to be given under the Contract for Sale must be in writing and may be delivered
by hand or sent by first class post or email, if to the Seller, It is the responsibility of the sender of the notice or
communication to ensure that it is received in a legible form within any applicable time period;
10.5 if any term or any part of any term of the Contract for Sale is held to be unenforceable or invalid, such
unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder
of the relevant term;
10.6 references in the Contract for Sale to Gorringe’s will, where appropriate, include reference to Gorringe’s officers,
employees and agents;
10.7 the headings used in the Contract for Sale are for convenience only and will not affect its interpretation;
10.8 in the Contract for Sale “including” means “including, without limitation”
10.9 references to the singular will include reference to the plural (and vice versa) and reference to any one gender
will include reference to the other genders;
10.10 reference to a numbered paragraph is to a paragraph of the Contract for Sale;
10.11 save as expressly provided in paragraph 10.12 nothing in the Contract for Sale confers or purports to confer) on
any person who is not a party to the Contract for Sale any benefit conferred by, or the right to enforce any term
of, the Contract for Sale;
10.12 where the Contract for Sale confers an immunity from, and/or an exclusion or restriction of, the responsibility
and/or liability of the Seller, it will also operate in favour and for the benefit of Gorringe’s, Gorringe’s holding
company and the subsidiaries of such holding company and the successors and assigns of Gorringe’s and of
such companies and of any officer, employee and agent of Gorringe’s and such companies, each of whom will
be entitled to rely on the relevant immunity and/or exclusion and/or restriction within and for the purposes of
Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person
who is not a party to the contract, and generally at law.
11. GOVERNING LAW
11.1 All transactions to which the Contract for Sale applies and all connected matters will be governed by and construed in
accordance with the laws of that part of the United Kingdom where the Sale takes place and the Seller and you
each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that the Seller may
bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of
the relevant jurisdiction. Gorringe’s has a complaints procedure in place
66
APPENDIX 2 NOTICE TO BIDDERS
The legal documents provided online are for your convenience only. In all cases the terms and conditions printed in the
relevant sale catalogue and in written contracts for sale take precedence over the terms and conditions shown below.
This notice is addressed by Gorringe’s to any person who may be interested in a Lot, including Bidders and potential Bidders
(including any eventual Buyer of the Lot). For ease of reference we refer to such persons as “Bidders” or “you”.
Our List of Definitions and Glossary is incorporated into this Notice to Bidders. It is at Appendix 3 at the back of the
Catalogue. Where words and phrases are used in this notice which are in the List of Definitions, they are printed in italics.
IMPORTANT: Additional information applicable to the Sale may be set out in the Catalogue for the Sale, in an insert in the
Catalogue and/or in a notice displayed at the Sale venue and you should read them as well. Announcements affecting the
Sale may also be given out orally before and during the Sale without prior written notice. You should be alert to this possibility
of changes and ask in advance of bidding if there have been any.
1. OUR ROLE
In its role as auctioneer of Lots, Gorringe’s acts solely for and in the interests of the Seller. Gorringe’s job is to sell the Lot at
the highest price obtainable at the Sale to a Bidder. Gorringe’s does not act for Buyers or Bidders in this role and does not
give advice to Buyers or Bidders. When it or its staff make statements about a Lot or, if Gorringe’s provides a Condition
Report on a Lot it is doing that on behalf of the Seller of the Lot. Bidders and Buyers who are themselves not expert in the
Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. The
Seller has authorised Gorringe’s to sell the Lot as its agent on its behalf and, save where we expressly make it clear to the
contrary, Gorringe’s acts only as agent for the Seller. Any statement or representation we make in respect of a Lot is made
on the Seller’s behalf and, unless Gorringe’s sells a Lot as principal, not on our behalf and any Contract for Sale is between
the Buyer and the Seller and not with us. If Gorringe’s sells a Lot as principal this will either be stated in the Catalogue or an
announcement to that effect will be made by the Auctioneer, or it will be stated in a notice at the Sale or an insert in the
Catalogue. Gorringe’s does not owe or undertake or agree to any duty or responsibility to you in contract or tort (whether
direct, collateral, express, implied or otherwise). If you successfully bid for a Lot and buy it, at that stage Gorringe’s does
enter into an agreement with the Buyer. The terms of that contract are set out in our Buyer’s Agreement. This will govern
Gorringe’s relationship with the Buyer.
2. LOTS
Subject to the Contractual Description printed in bold letters in the Entry about the Lot in the Catalogue (see paragraph 3
below), Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections.
Illustrations and photographs contained in the Catalogue (other than photographs forming part of the Contractual
Description) or elsewhere of any Lots are for identification purposes only. They may not reveal the true condition of the Lot.
A photograph or illustration may not reflect an accurate reproduction of the colour(s) of the Lot.
Lots are available for inspection prior to the Sale and it is for you to satisfy yourself as to each and every aspect of a Lot,
including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability,
quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer price). It is your
responsibility to examine any Lot in which you are interested. It should be remembered that the actual condition of a Lot may
not be as good as that indicated by its outward appearance. In particular, parts may have been replaced or renewed and
Lots may not be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be
damaged, as for example where it is covered by upholstery or material. Given the age of many Lots they may have been
damaged and/or repaired and you should not assume that a Lot is in good condition. Electronic or mechanical parts may not
operate or may not comply with current statutory requirements. You should not assume that electrical items designed to
operate on mains electricity will be suitable for connection to the mains electricity supply and you should obtain a report from
a qualified electrician on their status before doing so. Such items which are unsuitable for connection are sold as items of
interest for display purposes only. If you yourself do not have expertise regarding a Lot, you should consult someone who
does to advise you. We can assist in arranging facilities for you to carry out or have carried out more detailed inspections
and tests. Please ask our staff for details.
Any person who damages a Lot will be held liable for the loss caused.
3. DESCRIPTIONS OF LOTS AND ESTIMATES
Contractual Description of a Lot
The Catalogue contains an Entry about each Lot.
Each Lot is sold by its respective Seller to the Buyer of the Lot as corresponding only with that part of the Entry which is
printed in bold letters and (except for the colour, which may be inaccurately reproduced) with any photograph of the Lot in
the Catalogue. The remainder of the Entry, which is not printed in bold letters, represents Gorringe’s opinion (given on behalf
of the Seller) about the Lot only and is not part of the Contractual Description in accordance with which the Lot is sold by the
Seller.
Estimates: In most cases, an Estimate is printed beside the Entry. Estimates are only an expression of Gorringe’s opinion
made on behalf of the Seller of the range where Gorringe’s thinks the Hammer Price for the Lot is likely to fall; it is not an
estimate of value. It does not take into account any VAT or Buyer’s Premium payable. Lots can in fact sell for Hammer Prices
below and above the Estimate. Any Estimate should not be relied on as an indication of the actual selling price or value of a
Lot. Estimates are in the currency of the Sale.
Fakes or Forgeries
We undertake a personal responsibility for any Forgery, this only applies if:
1. your name appears as the named person to whom the original invoice was made out to by us in respect of the Lot and
that the invoice has been paid; and
2. you notify us in writing as soon as reasonably practicable after you have become aware that the Lot is or may be a
Forgery, and in any event within one year after the Sale, that the Lot is a Forgery; and
3. within one month after such notification has been given, you return the lot to us in the same condition as it was at the
time of Sale, accompanied by two letters of written evidence that the Lot is a Forgery and details of the Sale and Lot
number.
Condition reports
In respect of most Lots, you may ask for a Condition Report on its physical condition from Gorringe’s. If you do so, this will
be provided by Gorringe’s on behalf of the Seller free of charge. Gorringe’s is not entering into a contract with you in respect
of the Condition Report and accordingly does not assume responsibility to you in respect of it. Nor does the Seller owe or
agree to owe you as a Bidder any obligation or duty in respect of this free report about a Lot which is available for your own
inspection or for inspection by an expert instructed by you. However, any written description of the physical condition of the
Lot contained in a Condition Report will form part of the Contractual Description of the Lot under which it is sold to any Buyer.
The Seller’s responsibility to you
The Seller does not make or agree to make any representation of fact or contractual promise, guarantee or warranty and
undertakes no obligation or duty, whether in contract or in tort (other than to the eventual Buyer as set out above), in respect
of the accuracy or completeness of any statement or representation made by him or on his behalf which is in any way
descriptive of any Lot or as to the anticipated or likely selling price of any Lot. Other than as set out above, no statement or
representation in any way descriptive of a Lot or any Estimate is incorporated into any Contract for Sale between a Seller
and a Buyer.
Gorringe’s responsibility to you
You have the opportunity of examining the Lot if you want to and the Contract for Sale for a Lot is with the Seller and not
with Gorringe’s; Gorringe’s acts as the Seller’s agent only (unless Gorringe’s sells the Lot as principal).
Gorringe’s undertakes no obligation to you to examine, investigate or carry out any tests, either in sufficient depth or at all,
on each Lot to establish the accuracy or otherwise of any descriptions or opinions given by Gorringe’s, or by any person on
Gorringe’s behalf, whether in the Catalogue or elsewhere. You should not suppose that such examinations, investigations
or tests have occurred.
Gorringe’s does not make or agree to make any representation of fact, and undertakes no obligation or duty (whether in
contract or tort) in respect of the accuracy or completeness of any statement or representation made by Gorringe’s or on
Gorringe’s behalf which is in any way descriptive of any Lot or as to the anticipated or likely selling price of any Lot.
No statement or representation by Gorringe’s or on its behalf in any way descriptive of any Lot or any Estimate is incorporated
into our Buyer’s Agreement.
Alterations
Descriptions and Estimates may be amended at Gorringe’s discretion from time to time by notice given orally or in writing
before or during a Sale. 167
THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST FORM YOUR OWN OPINION IN RELATION TO IT. YOU
ARE STRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE IT EXAMINED ON YOUR BEHALF BEFORE THE SALE.
4. CONDUCT OF THE SALE
Our Sales are public auctions which persons may attend and you should take the opportunity to do so.
We do reserve the right at our sole discretion to refuse admission to our premises or to any Sale without stating a reason.
We have complete discretion as to whether the Sale proceeds, whether any Lot is included in the Sale, the manner in which
the Sale is conducted and we may offer Lots for sale in any order we choose notwithstanding the numbers given to Lots in
the Catalogue. You should therefore check the date and starting time of the Sale, whether there have been any withdrawals
or late entries. Remember that withdrawals and late entries may affect the time at which a Lot you are interested in is put up
for Sale.
We have complete discretion to refuse any bid, to nominate any bidding increment we consider appropriate, to divide any
Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, in the case of dispute, to put up any Lot for auction
again.
Auction speeds can exceed 150 Lots to the hour and bidding increments are generally about 10%. However these do vary
from Sale to Sale and from Auctioneer to Auctioneer. Please check with the department organising the Sale for advice on
this.
Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not
equalling or exceeding such Reserve) on behalf of the Seller. We are not responsible to you in respect of the presence or
absence of any Reserve in respect of any Lot. If there is a Reserve it will normally be no higher than the lower figure for any
Estimate in the Catalogue, assuming that the currency of the Reserve has not fluctuated adversely against the currency of
the Estimate.
The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable
Reserve) to whom the Lot is knocked down by the Auctioneer at the striking of the Auctioneer’s hammer. Any dispute as to
the highest acceptable bid will be settled by the Auctioneer in his absolute discretion. All bids tendered will relate to the
actual Lot number announced by the Auctioneer. An electronic currency converter may be used at the Sale. This equipment
is provided as a general guide as to the equivalent amount in certain currencies of a given bid. We do not accept any
responsibility for any errors which may occur in the use of the currency converter.
We may use video cameras to record the Sale and may record telephone calls for reasons of security and to assist in solving
any disputes which may arise in relation to bids made at the Sale.
At some Sales, for example, jewellery Sales, we may use screens on which images of the Lots will be projected. This service
is provided to assist viewing at the Sale. The image on the screen should be treated as an indication only of the current Lot.
It should be noted that all bids tendered will relate to the actual Lot number announced by the Auctioneer. We do not accept
any responsibility for any errors which may occur in the use of the screen.
5. BIDDING
We do not accept bids from any person who has not completed and delivered to us one of our Bidding Forms, either our
Bidding Registration Form, Absentee Bidding Form or Telephone Bidding Form. You may be asked for proof of identity,
residence, financial details and references, which, if asked for, you must supply if your bids are to be accepted by us. Please
bring your passport, driving licence (or similar photo proof of identity) and a debit or credit card. We may request a deposit
from you before allowing you to bid.
We may refuse entry to a Sale to any person even if that person has completed a Bidding Form.
Bidding in person
You should come to our Bidder registration desk at the Sale venue and fill out a Bidding Registration Form on the day of the
Sale. The bidding number system is sometimes referred to as “paddle bidding”. You will be issued with a large card (a
“paddle”) with a printed number on it. This will be attributed to you for the purposes of the Sale. Should you be a successful
Bidder you will need to ensure that your number can be clearly seen by the Auctioneer and that it is your number which is
identified as the Buyer’s. You should not let anyone else use your paddle as all Lots will be invoiced to the name and address
given on your Bidding Registration Form. Once an invoice is issued it will not be changed.
If there is any doubt as to the Hammer Price of, or whether you are the successful Bidder of, a particular Lot, you
must draw this to the attention of the Auctioneer before the next Lot is offered for Sale.
At the end of the Sale, or when you have finished bidding please return your paddle to the Bidder registration desk.
Bidding by telephone
If you wish to bid at the Sale by telephone, please complete a Telephone Bidding Form, which is available from our offices
or in the Catalogue. Please then return it to the office which is responsible for the Sale at least 24 hours in advance of the
Sale. It is your responsibility to check with our Bids Office that your bid has been received. Telephone calls may be recorded.
The telephone bidding facility is a discretionary service and is only available on lots with a lower estimate of ?500 or above
however this may not be available in relation to all Lots.
We will not be responsible for bidding on your behalf if you are unavailable at the time of the Sale or if the telephone
connection is interrupted during bidding. Please contact us for further details.
Bidding by post or fax
Absentee Bidding Forms can be found in the back of this Catalogue and should be completed and sent to the office
responsible for the Sale. It is in your interests to return your form as soon as possible, as if two or more Bidders submit
identical bids for a Lot, the first bid received takes preference. In any event, all bids should be received at least 24 hours
before the start of the Sale. Please check your Absentee Bidding Form carefully before returning it to us, fully completed
and signed by you. It is your responsibility to check with our Bids Office that your bid has been received.
This additional service is complimentary and is confidential. Such bids are made at your own risk and we cannot accept
liability for our failure to receive and/or place any such bids. All bids made on your behalf will be made at the lowest level
possible subject to Reserves and other bids made for the Lot. Where appropriate your bids will be rounded down to the
nearest amount consistent with the Auctioneer’s bidding increments. New Bidders must also provide proof of identity when
submitting bids. Failure to do this may result in your bid not being placed.
Bidding via the internet
Gorringe’s offers an online bidding service for bidders who cannot attend the sale. If you choose to bid live via
www.invaluable.com there is additional live bidding fee of 5% plus VAT and bidding via www.the-saleroom.com attracts an
additional live bidding fee of 4.95% plus VAT. If you bid online via www.easyliveauction.com there is an additional live bidding
fee of 3% plus VAT.
Bidding through an agent
Bids will be accepted as placed on behalf of the person named as the principal on the Bidding Form although we may refuse
to accept bids from an agent on behalf of a principal and may require written confirmation from the principal confirming the
agent’s authority to bid. Nevertheless, as the Bidding Form explains, any person placing a bid as agent on behalf of another
(whether or not he has disclosed that fact or the identity of his principal) will be jointly and severally liable with the principal
to the Seller and to Gorringe’s under any contract resulting from the acceptance of a bid. Subject to the above, please let
us know if you are acting on behalf of another person when bidding for Lots at the Sale. Equally, please let us know if you
intend to nominate another person to bid on your behalf at the Sale unless this is to be carried out by us pursuant to a
Telephone or Absentee Bidding Form that you have completed. If we do not approve the agency arrangements in writing
before the Sale, we are entitled to assume that the person bidding at the Sale is bidding on his own behalf. Accordingly, the
person bidding at the Sale will be the Buyer and will be liable to pay the Hammer Price and Buyer’s Premium and associated
charges. If we approve the identity of your client in advance, we will be in a position to address the invoice to your principal
rather than you. We will require proof of the agent’s client’s identity and residence in advance of any bids made by the agent
on his behalf. Please refer to our Conditions of Business and contact our Customer Services Department for further details.
6. CONTRACTS BETWEEN THE BUYER AND SELLER AND THE BUYER AND GORRINGE’S
On the Lot being knocked down to the Buyer, a Contract for Sale of the Lot will be entered into between the Seller and the
Buyer on the terms of the Contract for Sale. You will be liable to pay the Purchase Price, which is the Hammer Price plus
any applicable VAT. At the same time, a separate contract is also entered into between us as auctioneers and the Buyer,
this is our Buyer’s Agreement. Please read the terms of the Contract for Sale and our Buyer’s Agreement contained in the
Catalogue in case you are the successful Bidder.
We may change the terms of either or both of these agreements in advance of their being entered into, by setting out different
terms in the Catalogue and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral
announcements before & during the Sale. You should be alert to this possibility of changes and ask if there have been any.
7. BUYER’S PREMIUM AND OTHER CHARGES PAYABLE BY THE BUYER
Under the Buyer’s Agreement, a premium (the Buyer’s Premium) is payable to us by the Buyer in accordance with the terms
of the Buyer’s Agreement and at a rate of 23% calculated by reference to the Hammer Price and payable in addition to it.
Live online with third party websites attracts a buyer’s premium of up to 28%. Storage charges and Expenses are also
payable by the Buyer as set out in the Buyer’s Agreement. All the sums payable to us by the Buyer are subject to VAT.
8. VAT
The following symbols are used to denote that VAT is due on the hammer price and buyer’s premium:
? VAT at the prevailing rate on hammer price and buyer’s premium
** VAT on imported items at the prevailing rate on hammer price and buyer’s premium.
* VAT on imported items at a preferential rate of 5% on hammer price and the prevailing rate on buyer’s premium
? Zero rated for VAT, no VAT will be added to the hammer price or the buyer’s premium
In all other instances no VAT will be charged on the hammer price, but VAT at the prevailing rate will be added to the buyer’s
premium which will be invoiced on a VAT inclusive basis.
The prevailing rate of VAT at the time of going to press is 20%, but this is subject to governmental change and the rate
payable will be the rate in force on the date of the sale.
9. PAYMENT
It is of critical importance that you ensure that you have readily available funds to pay the Purchase Price and the Buyer’s
Premium (plus VAT and any other charges and Expenses to us) in full before making a bid for the Lot. If you are a successful
Bidder, payment will be due to be made to us by 4.30 pm on the second working day after the Sale so that all sums are
cleared by the seventh working day after the Sale. Payment will have to be by one of the following methods (all cheques
should be made payable to Gorringe’s). Unless agreed by us in advance payments made by anyone other than the registered
buyer will not be allowed.
Sterling personal cheque drawn on a UK branch of a bank or building society: all cheques must be cleared before you
can collect your purchases.
Bankers draft/building society cheque: if you can provide suitable proof of identity and we are satisfied as to the
genuineness of the draft or cheque, we will allow you to collect your purchases immediately;
Cash: you may pay for Lots purchased by you at this Sale with notes, coins or travellers cheques in the currency in which
the Sale is conducted (but not any other currency) provided that the total amount payable by you in respect of all Lots
purchased by you at the Sale does not exceed ?7,000, or the equivalent in the currency in which the Sale is conducted, at
the time when payment is made. If the amount payable by you for Lots exceeds that sum, the balance must be paid otherwise
than in coins, notes or travellers cheques;
Bank transfer: you may electronically transfer funds to our Client Account. If you do so, please quote your paddle number
and invoice number as the reference. Our Client Account details are as follows:
Bank: Barclays Bank
Address: The Old Bank, High Street, Lewes, East Sussex
Sort Code: 20-49-80
Account No: 70980943
Account Name: Gorringe’s LLP
If paying by bank transfer, the amount received after the deduction of any bank fees and/or conversion of the
currency of payment to pounds sterling must not be less than the sterling amount payable, as set out on the
invoice.
Debit cards issued by a UK bank: there is no additional charge for purchases made with these cards.
Credit cards: We do not accept payment by credit card
10. COLLECTION AND STORAGE
The Buyer of a Lot will not be allowed to collect it until payment in full and in cleared funds has been made (unless we have
made a special arrangement with the Buyer). Please refer enquiries regarding collection and removal to our department
dealing with the Sale. Details relating to the collection of a Lot, the storage of a Lot and our Storage Contractor after the Sale
are set out at the end of this Notice to Bidders.
11. SHIPPING
Gorringe’s can arrange for in-house packing and shipment of some but not all lots, at their discretion. In-house packing is
arranged on a ‘first come-first served’ basis. A charge will be made for this service please contact the packing department
for an estimate. Where we are unable to provide packing and/or shipping we will assist with recommended removers and
carriers.
12. EXPORT/TRADE RESTRICTIONS
It is your sole responsibility to comply with all export and import regulations relating to your purchases and also to obtain any
relevant export and/or import licence(s). Export licences are issued by the Department for Culture, Media and Sport and
application forms can be obtained from its Export Licensing Unit. The detailed provisions of the export licencing
arrangements can be found on the Department for Culture, Media and Sport website www.culture.gov.uk or by phoning
DCMS on 020 7211 6164.
The need for import licences varies from country to country and you should acquaint yourself with all relevant local
requirements and provisions. The refusal of any import or export licence(s) or any delay in obtaining such licence(s) shall
not permit the rescission of any sale nor allow any delay in making full payment for the Lot.
13. CITES REGULATIONS
Please be aware that some Lots are subject to CITES regulations when exporting these items outside the UK. From January
2021 we will charge a ?50 + VAT administration fee per CITES licence. The regulations may be found at www.ukcites.gov.uk
or may be requested from: Department for Environment, Food and Rural Affairs (DEFRA), Global Wildlife Division, 1st Floor,
Temple Quay House, 2 The Square, Temple Quay, Bristol BS1 6EB
14. THE SELLERS AND/OR GORRINGE’S LIABILITY
Other than any liability of the Seller to the Buyer of a Lot under the Contract for Sale, neither we nor the Seller are liable
(whether in negligence or otherwise) for any error or mis-description or omission in any Description of a Lot or any Estimate
in respect of it, whether contained in the Catalogue or otherwise, whether given orally or in writing and whether given before
or during the Sale. Neither we nor the Seller will be liable for any loss of Business, profits, revenue or income, or for loss of
reputation, or for disruption to Business or wasted time on the part of management or staff, or for indirect losses or
consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged
to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence,
other tort, breach of contract (if any) or statutory duty, restitutionary claim or otherwise. In any circumstances where we
and/or the Seller are liable in relation to any Lot or any Description or Estimate made of any Lot, or the conduct of any Sale
in relation to any Lot, whether in damages, for an indemnity or contribution, or for a restitutionary remedy or otherwise, our
and/or the Seller’s liability (combined, if both we and the Seller are liable) will be limited to payment of a sum which will not
exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or
source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises
from any negligence, other tort, breach of contract (if any) or statutory duty or otherwise.
Nothing set out above will be construed as excluding or restricting (whether directly or indirectly) our liability or excluding or
restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or
by the negligence of any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which
we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or
restricted as a matter of law or (v) our undertakings under paragraph 9 (in relation to specialist Stamp or Book Sales only)
of the Buyer’s Agreement. The same applies in respect of the Seller, as if references to us in this paragraph were substituted
with references to the Seller.
15. BOOKS
As stated above, all Lots are sold on an “as is” basis, subject to all faults, imperfections and errors of description save as set
out below. However, you will be entitled to reject a Book in the circumstances set out in paragraph 10 of the Buyers
Agreement. Please note that Lots comprising printed books, unframed maps and bound manuscripts are not liable to VAT
on the Buyer’s Premium.
16. CLOCKS AND WATCHES
As is to be expected with clocks and watches, particularly those of some age, it is likely that they will have been repaired
and parts may have been replaced. As stated above, all Lots, including those comprising clocks and watches are sold on
an “as is” basis, subject to all faults, imperfections and errors of description. This means that any clock or watch may not
work reliably, if at all.
17. FIREARMS Proof, Condition and Certification
The Buyer of any firearm must hold the appropriate Certificate (or other valid authority) to acquire the firearm.
Proof of Firearms
The term ‘proof exemption’ indicates that a firearm has been examined at a Proof House, but not proved, as either (a) it was
deemed of interest and not intended for use, or (b) ammunition was not available. In either case, the firearm must be regarded
as unsafe to fire unless subsequently proved. Firearms proved for Black Powder should not be used with smokeless
ammunition. The term ‘Certificate of Unprovability’ indicates that a firearm has been examined at a Proof House and is
deemed both unsuitable for proof and use. Reproof is required before any such firearm is to be used.
Condition of Firearms
Comment in the Catalogue is restricted, in general, to exceptional condition and to those defects that might affect the
immediate safety of a firearm in normal use. An intending Bidder unable to make technical examinations and assessments
is recommended to seek advice from a gunmaker or from a modern firearms specialist. Bidders should note that guns are
stripped only where there is a strong indication of a mechanical malfunction. Stripping is not otherwise undertaken. Guns
intended for use should be stripped and cleaned beforehand. Hammer guns should have their rebound mechanisms checked
before use. The safety mechanisms of all guns must be tested before use. All measurements are approximate.
Taxidermy and Related Items.
As a seller of these articles, Gorringe’s undertakes to comply fully with Cites regulations and DEFRA. Buyers are advised to
inform themselves of all such regulations and should expect the exportation of items to take some time to arrange.
18. FURNITURE
If no instructions are received by the saleroom staff, Lots will be removed to storage ten days after the sale.
19. JEWELLERY
Gemstones Historically many gemstones have been subjected to a variety of treatments to enhance their appearance.
Sapphires and rubies are routinely heat treated to improve their colour and clarity, similarly emeralds are frequently treated
with oils or resin for the same purpose. Other treatments such as staining, irradiation or coating may have been used on
other gemstones. These treatments may be permanent, whilst others may need special care or re-treatment over the years
to retain their appearance. Bidders should be aware that Estimates assume that gemstones may have been subjected to
such treatments.
A number of laboratories issue certificates that give more detailed descriptions of gemstones. However there may
not be consensus between different laboratories on the degrees, or types of treatment for any particular gemstone. In the
event that Gorringe’s has been given or has obtained Certificates for any Lot in the Sale these certificates will be disclosed
in the Catalogue. Although, as a matter of policy, Gorringe’s endeavours to provide certificates from recognised laboratories
for certain gemstones, it is not feasible to obtain certificates for each Lot. In the event that no certificate is published in the
Catalogue, Bidders should assume that the gemstones may have been treated. Neither Gorringe’s nor the Seller accepts
any liability for contradictions or differing certificates obtained by Buyers on any Lots subsequent to the Sale.
Estimated Weights If a stone(s) weight appears within the body of the Description in capital letters, the stone(s) has been
unmounted and weighed by Gorringe’s. If the weight of the stone(s) is stated to be approximate and does not appear in
capital letters, the stone(s) has been assessed by us within its/their settings, and the stated weight is a statement of our
opinion only. This information is given as a guide and Bidders should satisfy themselves with regard to this information as
to its accuracy.
Signatures
1. A Cartier diamond brooch, when the maker’s name appears in the title, in Gorringe’s opinion the piece is by that maker.
2. A diamond brooch, signed Cartier, has a signature that, in Gorringe’s opinion, may have been added or may be part
of an adapted or altered piece.
3. A diamond brooch, mounted by Cartier, in Gorringe’s opinion has been created by the jeweller but using stones or
designs supplied by the client.
20. PICTURES Explanation of Catalogue Terms
The following terms used in the Catalogue have the following meanings but are subject to the general provisions relating to
Descriptions contained in the Contract for Sale:
? “Bill Bailey”: 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;
? “Attributed to Bill Bailey”: in our opinion probably a work by the artist but less certainty as to authorship is expressed than
in the preceding category;
? “Studio of Bill Bailey”: in our opinion a work by an unknown hand in a studio of the artist which may or may have been
executed under the artist’s direction;
? “Circle of Bill Bailey”: in our opinion a work by a hand closely associated with a named artist but not necessarily his pupil;
? “Follower of Bill Bailey”: in our opinion a work by a painter working in the artist’s style, contemporary or nearly
contemporary, but not necessarily his pupil;
? “Manner of Bill Bailey”: in our opinion a work in the style of the artist and of a later date;
? “After Bill Bailey”: in our opinion, a copy of a known work of the artist
? “Signed and/or dated and/or inscribed”: in our opinion the signature and/or date and/or inscription are from the hand of the
artist;
? “Bears a signature and/or date and/or inscription”: in our opinion the signature and/or date and/or inscription have been
added by another hand.
21. PORCELAIN Damage and Restoration
For your guidance, in this Catalogue we have not made reference to any defects, cracks and restoration. Condition Reports
are available on request and listed online. Such practicable descriptions of damage cannot be definitive, and in providing
Condition Reports, we cannot guarantee that there are no other defects present which have not been mentioned. Bidders
should satisfy themselves by inspection, as to the condition of each Lot. Please see the Contract for Sale printed in the
Catalogue. Because of the difficulty in determining whether an item of glass has been repolished, in the Catalogue reference
is only made to visible chips and cracks. No mention is made of re-polishing, severe or otherwise.
22. WATCHES
All Lots are sold “as is”, and the absence of any reference to the condition of a watch does not imply that the Lot is in good
condition and without defects, repairs or restorations. Most watches have been repaired in the course of their normal lifetime
and may now incorporate parts not original to them. Furthermore, Gorringe’s makes no representation or warranty that any
watch is in working order. As watches often contain fine and complex mechanisms, Bidders should be aware that a general
service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Bidders should
be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted.
These watches may not be shipped to the USA and can only be imported personally.
23. WINE
Lots which are lying under Bond and those liable to VAT may not be available for immediate collection.
Examining the wines
It is not our policy to inspect every unopened case. In the case of older wines, however, the box lid will have been partially
or totally removed and levels and appearance noted in the Catalogue where necessary. You should make proper allowance
for variations in ullage levels and conditions of corks, capsules and labels.
Description of levels of ullage
Generally acceptable levels for Bordeaux shaped bottles (as illustrated) varies according to their age as follows.
Age of wine Acceptable level of ullage
Under 15 years old Into neck (i.n.)
15 to 30 years old Top shoulder (t.s.)
Over 30 years old High shoulder (h.s.)
Ullages on Burgundy and Hock shaped bottles will be described in centimetres, measured from the base of the cork, usually
only if in excess of 4 centimetres. Ullages on Burgundy of less than 5 centimetres are not generally considered to be
detrimental to quality and even ullages of 7 centimetres can be acceptable. Estimates tend to take into account levels which
are below top shoulder. You should bear in mind that levels may fall between publication of the Catalogue and the Sale and
that corks may fail as a result of transporting the wines.
Bottling Details
The following terms used in the Catalogue have the following meanings:
Case Terms
owc - original wooden case iwc
- individual wooden case oc -
original carton
DATA PROTECTION USE OF YOUR INFORMATION
As a result of the services provided by us, we obtain personal data about you (which expression for the purposes of this
paragraph only includes your employees and officers, if any). You agree to our use of it as follows.
We may use your data to notify you about changes to our services and to provide you with information about products or
services that you request from us or which we feel may be of interest to you. Data about you may be analysed to identify
your potential preferences for these purposes. We may disclose your data to any member of our group (which means our
subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the Companies Act 1985,
including any overseas subsidiary). Subject to this, we will not disclose your data to any third party, but we may from time to
time provide you with information about goods and services provided by third parties which we feel may be of interest to
you. Any member of our group may use your data for similar purposes. We will keep your data for a period of six years from
the date of your last contact with us so as to simplify any future registration. The data may be transferred to and stored
outside the European Economic Area, and you agree to this transfer. You have the right to request us not to use your
information for these purposes by contacting us at 15 North Street, Lewes BN7 2PE or by e-mail at
clientservices@Gorringe’s.co.uk
SALE OF GOODS ACT 1979
The following is an extract from the Sale of
Goods Act 1979: “Section 12 Implied terms about title, etc
(1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the
seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have
such a right at the time when the property is to pass.
(2) In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that-
(a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance
not disclosed or known to the buyer before the contract is made, and
(b) the buyer will enjoy quiet possession of the goods except in so far as it may be disturbed by the owner or other
person entitled to the benefit of any charge or encumbrance so disclosed or known.
(3) This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred
from its circumstances an intention that the seller should transfer only such title as he or a third person may have.
(4) In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known
to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.
(5) In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb
the buyer’s quiet possession of the goods, namely- (a)
the seller;
(b) in a case where the parties to the contract intend that the seller should transfer only such title as a third person may
have, that person;
(c) anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance
disclosed or known to the buyer before the contract is made.
(6) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the
terms implied by subsections (2), (4) and (5) above are warranties.”
APPENDIX 3 DEFINITIONS AND GLOSSARY
Where these Definitions and Glossary are incorporated, the otherwise requires) the meanings given to them below. The
Glossary is to assist you to understand words and phrases which have a specific legal meaning with which you may not be
familiar.
LIST OF DEFINITIONS
“Additional Premium” a premium, calculated in accordance with the Notice to Bidders, to cover Gorringe’s Expenses
relating to the payment of royalties under the Artists Resale Right Regulations 2006 which is payable by the Buyer to
Gorringe’s on any Lot marked [AR] which sells for a Hammer Price which together with the Buyer’s Premium (but excluding
any VAT) equals or exceeds 1000 euros (converted into the currency of the Sale using the European Central Bank Reference
rate prevailing on the date of the Sale).
“Auctioneer” the representative of Gorringe’s conducting the Sale.
“Bidder” a person who has completed a Bidding Form.
“Bidding Form” our Bidding Registration Form, our Absentee / Telephone Bidding Form
“Gorringe’s” Gorringe’s LLP or its successors or assigns. Gorringe’s is also referred to in the Buyer’s Agreement, the
Conditions of Business and the Notice to Bidders by the words “we”, “us” and “our”.
“Book” a printed Book offered for Sale at a specialist Book Sale.
“Business” includes any trade, Business and profession.
“Buyer” the person to whom a Lot is knocked down by the Auctioneer. The Buyer is also referred to in the Contract for Sale
and the Buyer’s Agreement by the words “you” and “your”.
“Buyer’s Agreement” the contract entered into by Gorringe’s with the Buyer (see Appendix 2 in the Catalogue).
“Buyer’s Premium” the sum calculated on the Hammer Price at the rates stated in the Notice to Bidders.
“Catalogue” the Catalogue relating to the relevant Sale, including any representation of the Catalogue published on our
Website.
“Client Account” the bank account of Gorringe’s into which all sums received in respect of the Purchase Price of any Lot
will be paid, such account to be a distinct and separate account to Gorringe’s normal business bank account.
“Commission” the Commission payable by the Seller to Gorringe’s calculated at the rates stated in the Contract Form.
“Condition Report” a report on the physical condition of a Lot provided to a Bidder or potential Bidder by Gorringe’s on
behalf of the Seller.
“Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s Agreement and Definitions and Glossary.
“Consignment Fee” a fee payable to Gorringe’s by the Seller calculated at rates set out in the Conditions of Business.
“Consumer” a natural person who is acting for the relevant purpose outside his trade, Business or profession. “Receipt
Form” the Contract Form, signed by or on behalf of the Seller listing the Lots to be offered for sale by Gorringe’s.
“Contract for Sale” the Sale contract entered into by the Seller with the Buyer (see Appendix 1 in the Catalogue).
“Contractual Description” the only Description of the Lot (being that part of the Entry about the Lot in the Catalogue
which is in bold letters, any photograph (except for the colour) and the contents of any Condition Report) to which the
Seller undertakes in the Contract of Sale the Lot corresponds.
“Description” any statement or representation in any way descriptive of the Lot, including any statement or representation
relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value,
estimated selling price (including the Hammer Price).
“Entry” a written statement in the Catalogue identifying the Lot and its Lot number which may contain a Description and
illustration(s) relating to the Lot.
“Estimate” a statement of our opinion of the range within which the hammer is likely to fall.
“Expenses” charges and Expenses paid or payable by Gorringe’s in respect of the Lot including legal Expenses, banking
charges and Expenses incurred as a result of an electronic transfer of money, charges and Expenses for reproductions and
illustrations, any customs duties, advertising, packing or shipping costs, reproductions rights’ fees, taxes, levies, costs of
testing, searches or enquiries, preparation of the Lot for Sale, storage charges, removal charges, removal charges or costs
of collection from the Seller as the Seller’s agents or from a defaulting Buyer, plus VAT if applicable.
“Forgery” an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity,
style, date, age, period, provenance, culture, source or composition, which at the date of the Sale had a value materially
less than it would have had if the Lot had loss and damage cover, insurance, Catalogue and other not been such an imitation,
and which is not stated to be such an imitation in any description of the Lot. A Lot will not be a Forgery by reason of any
damage to, and/or restoration and/or modification work (including repainting or over painting) having been carried out on the
Lot, where that damage, restoration or modification work (as the case may be) does not substantially affect the identity of
the Lot as one conforming to the description of the Lot.
“Guarantee” the obligation undertaken personally by Gorringe’s to the Buyer in respect of any Forgery and, in the case of
specialist Stamp Sales and/or specialist Book Sales, a Lot made up of a Stamp or Stamps or a Book or Books as set out in
the Buyer’s Agreement.
“Hammer Price” the price in the currency in which the Sale is conducted at which a Lot is knocked down by the Auctioneer.
“Loss and Damage Warranty” means the warranty described in paragraph 8.2 of the Conditions of Business.
“Loss and Damage Warranty Fee” means the fee described in paragraph 8.2.3 of the Conditions of Business.
“Lot” any item consigned to Gorringe’s with a view to its Sale at auction or by private treaty (and reference to any Lot will
include, unless the context otherwise requires, reference to individual items comprised in a group of two or more items
offered for Sale as one Lot).
“Minimum Sale Fee” a fee payable to Gorringe’s by the Seller calculated at rates set out in the Conditions of Business.
“Motoring Catalogue Fee” a fee payable by the Seller to Gorringe’s in consideration of the additional work undertaken by
Gorringe’s in respect of the cataloguing of motor vehicles and in respect of the promotion of Sales of motor vehicles.
“15 North Street” means Gorringe’s saleroom at 15 North Street, Lewes, BN7 2PE
“Notional Charges” the amount of Commission and VAT which would have been payable if the Lot had been sold at the
Notional Price.
“Notional Fee” the sum on which the Consignment Fee payable to Gorringe’s by the Seller is based and which is calculated
according to the formula set out in the Conditions of Business.
“Notional Price” the latest in time of the average of the high and low Estimates given by us to you or stated in the Catalogue
or, if no such Estimates have been given or stated, the Reserve applicable to the Lot.
“Notice to Bidders” the notice printed at the back or front of our Catalogues.
“Purchase Price” the aggregate of the Hammer Price and VAT on the Hammer Price.
“Reserve” the minimum price at which a Lot may be sold (whether at auction or by private treaty).
“Sale” the auction Sale at which a Lot is to be offered for Sale by Gorringe’s.
“Sale Proceeds” the net amount due to the Seller from the Sale of a Lot, being the Hammer Price less the Commission,
any VAT chargeable thereon, Expenses and any other amount due to us in whatever capacity and howsoever arising.
“Seller” the person who offers the Lot for Sale named on the Contract Form. Where the person so named identifies on the
form another person as acting as his agent, or where the person named on the Contract Form acts as an agent for a principal
(whether such agency is disclosed to Gorringe’s or not), “Seller” includes both the agent and the principal who shall be
jointly and severally liable as such. The Seller is also referred to in the Conditions of Business by the words “you” and “your”.
“Specialist Examination” a visual examination of a Lot by a specialist on the Lot. “Stamp”
means a postage Stamp offered for Sale at a Specialist Stamp Sale.
“Standard Examination” a visual examination of a Lot by a non-specialist member of Gorringe’s staff.
“Storage Contract” means the contract described in paragraph 8.3.3 of the Conditions of Business or paragraph 4.4 of the
Buyer’s Agreement (as appropriate).
“Storage Contractor” means the company identified as such in the Catalogue.
“Terrorism” means any act or threatened act of terrorism whether any person is acting alone or on behalf of or in connection
with any organisation(s) and/or ideological or similar purposes including, but not limited to, the intention to influence any
government and/or put the public or any section of the public into fear. “VAT” value added tax at the prevailing rate at the
date of the Sale in the United Kingdom.
“Website” Gorringe’s Website at www.gorringes.co.uk
“Withdrawal Notice” the Seller’s written notice to Gorringe’s revoking Gorringe’s instructions to sell a Lot.
“Without Reserve” where there is no minimum price at which a Lot may be sold (whether at auction or by private treaty).
GLOSSARY
The following expressions have specific legal meanings with which you may not be familiar. The following glossary is
intended to give you an understanding of those expressions but it is not intended to limit their legal meanings:
“artist’s resale right”: the right of the creator of a work of art to receive a payment on Sales of that work subsequent to the
original Sale of that work by the creator of it as set out in the Artists Resale Right Regulations 2006.
“bailee”: a person to whom goods are entrusted.
“indemnity”: an obligation to put the person who has the benefit of the indemnity in the same position in which he would
have been, had the circumstances giving rise to the indemnity not arisen and the expression “indemnify” is construed
accordingly.
“interpleader proceedings”: proceedings in the Courts to determine ownership or rights over a Lot.
“knocked down”: when a Lot is sold to a bidder, indicated by the fall of the hammer at the Sale.
“lien”: a right for the person who has possession of the Lot to retain possession of it.
“risk”: the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or value.
“title”: the legal and equitable right to the ownership of a Lot.
“tort”: a legal wrong done to someone to whom the wrong doer has a duty of care.