1 This Notice and Conditions of Sale applies to all sales including sales by private treaty.
CONDITIONS OF SALE
1.1 Definitions
In these Conditions:
Martel Maides Auctions means Martel Maides Auctions Limited whose registered
office is The Auction Rooms, Cornet Street, St Peter Port, Guernsey GY1 1LF;
The hammer price means the price at which any lot is knocked down to the buyer;
The premium means the premium payable by the buyer under Condition 1.2 below;
The aggregate price means the aggregate of the hammer price and the premium;
Total amount due means the aggregate price together with any additional charges
and expenses due from a defaulting buyer under Condition 4.2.
1.2 A premium at the rate of 12% of the hammer price of each lot sold is payable by the buyer to Martel Maides Auctions for their own retention and will not be waived. Martel Maides offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale. Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge (total 15% of the hammer price).
1.3 While every care has been taken in the preparation of this catalogue, any statement as to authorship, attribution, origin, date, age, provenance and condition is a
statement of opinion and is not to be taken as a statement or representation of fact.
Martel Maides Auctions reserve the right, in forming their opinion, to consult and
rely upon any expert or authority considered by them to be reliable.
1.4 Martel Maides Auctions for themselves and for the seller of each lot give notice to
intending buyers that certain terms used in descriptions of lots contained in Martel
Maides Auctions’ catalogues have the meanings ascribed to them in the Glossary.
1.5 Martel Maides Auctions reserve the right at their absolute discretion to refuse admission to their premises or attendance at their sales, without giving any reason therefore.
2. Conduct of the Sale
2.1 The seller of any lot shall be entitled to place a reserve on such lot, provided that
notice of such reserve has been received by Martel Maides Auctions in writing prior to the sale. Neither the seller on his own behalf, nor any other person on the seller’s
behalf, except the auctioneer, may make any bid in respect of lots of which the seller
is the owner.
2.2 The auctioneer has the right to advance the bidding at his absolute discretion and may refuse to accept any bid, divide any lot, combine any two or more lots, withdraw
any lots from the sale and vary the order in which lots are offered for sale without in
any case giving previous notice or any reason therefore.
2.3 Martel Maides Auctions act as agents only except:
(i) in respect of any obligation to repurchase under Condition 6; or
(ii) in respect of their retention of the premium and any sums payable under condition 4.2. Martel Maides Auctions shall be under no obligation to account to the seller of any lot for sums due in respect thereof until payment for the lot bought has been made by the buyer to Martel Maides Auctions as required by Condition 4.1.
2.4 Martel Maides Auctions accept no responsibility to anyone in connection with
the commissioning by intending buyers of any of their employees to bid for lots on
behalf of such intending buyers.
3. Purchase, risk, title and aggregate price
3.1 The highest bidder acceptable to the auctioneer prior to the fall of the hammer
shall be the buyer, but if, during or after the sale of the lot, but before the end of the
sale as a whole, the auctioneer considers, at his absolute discretion, that a dispute has
arisen or that the buyer has not complied satisfactorily with Condition 3.3 or 3.4, or
that there is any other reason for so doing, he may at his absolute discretion, put up
the lot again for sale. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Martel Maides Auctions that he acts as agent on behalf of a named principal.
3.2 At the fall of the hammer risk in the lot sold shall pass to the buyer, and none of the seller, Martel Maides Auctions, their servants or agents shall be responsible for
any loss or damage whether caused by negligence or otherwise, but ownership of
such lot shall not pass until payment in respect thereof has been made in
accordance with Condition 4. In the event that Martel Maides Auctions shall have
agreed and made payment to the seller in respect of any lot before the buyer has
made payment to Martel Maides Auctions in accordance with Condition 4, title in the
property shall pass to and remain with Martel Maides Auctions until the buyer has
made payment to Martel Maides Auctions.
3.3 On the fall of the hammer in respect of each lot sold the buyer shall, if so required
by Martel Maides Auctions, forthwith give his name and permanent address to the
auctioneer or his assistant together with his bank or other suitable references, and any
such other proof of his identity as Martel Maides Auctions may at their absolute
discretion require.
3.4 The buyer may be required to pay down forthwith the whole or any part of the
aggregate price, and if he fails to do so any lot or lots bought by him may, at the
auctioneers absolute discretion, be offered again for resale at any time before the conclusion of the auction.
4. Commission and Collection
4.1 Subject only to any arrangements made in writing with Martel Maides Auctions prior to the sale or where payment has already been made in accordance with Condition 3.4., the buyer shall pay the aggregate price to Martel Maides Auctions not later than 4.30pm on the second working day following the sale and shall, upon making such payment, be required to take away the lot purchased from Martel Maides Auctions’ premises at his own expense.
4.2 No lot purchased shall be claimed or removed until the sale has been concluded, if any buyer fails to pay for and take away any lot in accordance with condition 4.1, Martel Maides Auctions as agents for the seller shall, following three working days
after the conclusion of the sale, be entitled at their absolute discretion and without prejudice to any other rights or remedies:
(i) to proceed against the buyer for damages for breach of contract;
(ii) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;
(iii) without notice to the defaulting buyer at any time to resell the lot or cause it to be
resold by public auction or private sale and the defaulting buyer shall pay to Martel
Maides Auctions any resulting deficiency in the total amount due (adjusted for Martel
Maides Auctions’ resale costs, and any part payment received);
(iv) to remove, store and insure the lot at the expense of the defaulting buyer;
(v) to charge interest at the rate of 2% per month on the total amount due to the
extent it remains unpaid for more than five working days after the conclusion of the
sale such interest will run as well as after as before judgement becoming due and
payable forthwith upon demand;
(vi) to retain that or any other lot sold to the same buyer at the same or any other
auction and release it only after payment of the total amount due;
(vii) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtain a deposit before accepting any bids in future;
(viii)to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in Martel Maides Auctions’ possession for any purpose.
4.3 Any sums received by Martel Maides Auctions from any buyer may be
appropriated by Martel Maides Auctions towards any amounts owned by such buyer
to Martel Maides Auctions on any account whatever, without regard to any purported
appropriation of such sums by the buyer, whether express or implied.
5. Responsibility to buyers
5.1 Subject to Condition 6 all lots are sold as shown and neither Martel Maides Auctions nor the seller accept any responsibility for any faults, imperfections or errors of description however caused in or with regard to any lot, and all lots are to be taken and paid for whether genuine and authentic or not. Buyers should satisfy
themselves as to the condition of any lot before bidding on it.
5.2 The attention of buyers is drawn to the general notices elsewhere in Martel Maides Auctions’ catalogues to the effect that all statements made and contained in the catalogue or elsewhere in any advertisement or brochure are statements of opinion only and are not be relied on as statements or representations of fact.
5.3 Neither Martel Maides Auctions nor the seller makes or gives, neither has Martel
Maides Auctions, nor any person employed by the Martel Maides Auctions, any authority to make or give, any representation or warranty to any person in respect of any lot, and any conditions or warranties implied by law are hereby excluded.
5.4.Martel Maides Auctions on their own behalf give no guarantee as to the right of
any seller to offer any lot for sale, and will not be responsible for any defect in the
sellers title to such lot.
6. Forgeries
6.1. In the event of any lot proving to be a forgery Martel Maides Auctions will, at
their absolute discretion and subject to the following conditions, either rescind the sale of any lot and refund such of the aggregate price has been received by them or
repurchase the lot for such sum as shall equal the aggregate price paid for the lot by
the buyer, provided that this obligation shall only arise if:
(i) within three months of the sale of the lot the buyer gives notice in writing to Martel
Maides Auctions that the lot purchased by him through Martel Maides Auctions is a
forgery (as hereinafter defined); and
(ii) the buyer returns the lot to Martel Maides Auctions in the same condition as it was at the time of the auction accompanied by written proof of forgery, the number of the lot, and the date of the auction at which it was purchased; and
(iii) the buyer proves to Martel Maides Auctions’ reasonable satisfaction that the
lot is a forgery and that he is able to transfer a good title thereto free from any
liens, charges or encumbrances; and
(iv) the buyer demonstrates to Martel Maides Auctions’ reasonable satisfaction that the lot alleged by him to be a forgery is the lot actually purchased by him through Martel Maides Auctions.
6.2 A forgery means an imitation intended by the maker or any other person to deceive as to authorship, date or provenance, provided that it is not shown to be such in the catalogue description and at the date of the sale had a value materially less that it would have had if it had been in accordance with that description.
Notwithstanding the above, the buyer shall have no rights in respect of a forgery (as
defined) if;
(i) the catalogue description at the date of the sale was in accordance with the then
generally accepted opinion of scholars and experts or fairly indicated that there was a
conflict of such opinion; or
(ii) it can be established that the lot is a forgery only be means of process not generally accepted for use until after the publication of the catalogue.
6.3 The benefit of this Condition shall be personal to the buyer who, for the purpose
of this Condition, shall be the person to whom the original invoice is made out by
Martel Maides Auctions in respect of the lot sold. The benefit of this condition shall
not be assignable by the buyer.
7. General
7.1.Any claim by a buyer against Martel Maides Auctions whether under any of these
Conditions or otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot shall not extend to any consequential or other loss or damage or expense suffered by the buyer.
7.2.The above conditions and all notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
7.3. Each bidder by the making of any bid acknowledges his acceptance of these Conditions and the terms of any Notices and other Conditions in the catalogue.
7.4.Martel Maides Auctions are under no obligation to disclose to any person the identity of either buyer or seller of any lot.
7.5 Each sale and matters connected therewith, including these conditions, shall be governed by and construed in accordance with the laws of Guernsey. By taking part in the sale every bidder submits to the nonexclusive jurisdiction of the Guernsey courts.
7.6 The headings are for convenience only and shall be ignored in construing these Conditions.
IMPORTANT NOTICES FOR WORLDWIDE BUYERS
SHIPPING & IMPORT VAT
Martel Maides Auctions do not undertake either the packing or the despatch by post/courier/shipper of any purchased lots ourselves (with the exception of jewellery and very small items bought by overseas [non-UK] buyers). This is due to very high postage prices from Guernsey and also the fact that items posted from Guernsey to the UK are subject to Import VAT (Guernsey is outside of the EU and is zero-rated for VAT). Guernsey Post do not have the reduced ‘antiques’ rate of 5% in their computer system, so can only charge the full 20% rate on items posted to the UK.
To ensure that clients are able to pay the correct 5% rate of Import VAT, we bulk ship all items purchased by UK bidders to Mail Boxes Etc. in Portsmouth. Inclusion in this bulk shipment is charged at ?5 per lot for all items (excluding furniture and oversized items, which will incur a higher charge). 5% Import VAT and the bulk shipment charge is therefore added to all invoices automatically on UK buyers’ purchases. The Portsmouth branch is a very good Mail Boxes franchise and their charges are reasonable. They can be contacted on 02392 823800.
The 5% Import VAT charge will be liable on the full invoice cost, including the buyer's premium and the 3% fee for live bidding if applicable. The import VAT fee must be paid before export to the UK and will be added to your auction invoice automatically if you are a buyer registered with a UK address. This will allow us to pay the VAT due to UK customs upon import, clearing customs swiftly and with no additional administration fees from UK Customs.
If you wish to collect the goods yourself (or via an appointed third party) from Guernsey, please let us know within seven days of the sale, so that we can ensure that your purchase is not sent to Mail Boxes and so that the Import VAT can be removed from your invoice before payment
Purchasers of large items such as furniture with a mainland UK or overseas address are strongly advised to contact us as soon as possible after the sale to discuss transport arrangements and costs. Please telephone +44 (0)1481 722700 and speak to James Bridges who will be pleased to assist.
VAT and Export
It is important to note that export restrictions may apply to certain items of a Channel Islands Interest. Please read the notice in the catalogue relating to Export Licences.
The Channel Islands are regarded as a Special Territory of EU and therefore no duty is payable on antiques, pictures and collectibles imported into the UK or Mainland Europe, however the Channel Islands are regarded as non-EU for the purpose of VAT. Currently UK buyers must pay 5% VAT on the import of antiques and certain works of art (please see note above). Buyers in other EU territories may be required to pay Import VAT at the prevailing rate.
