Terms & Conditions
General Conditions
1. GENERAL.
Whilst the Auctioneer makes every effort to ensure accuracy and the description of any lot:
(a) Each lot is as set out in the catalogue or as divided or combined with any other lot or lots, is sold by the vendor with all faults, imperfections and errors of description.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, date, condition or quality of any lot unless they have been instructed in writing by the vendor to so certify.
(c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representation of fact by the Auctioneers unless they have been instructed by the vendor to so certify.
2. THE AUCTION.
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the auction, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneers discretion.
(b) The highest bidder shall be the buyer. The Auctioneer may at his sole discretion determine the advance of the bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.
(c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
3. BUYER'S PREMIUM.
The buyer shall pay the hammer price together with the buyer's premium at a rate of 18% of the hammer price (plus 20% VAT).
4. RESCISSION.
Notwithstanding any other terms of these Conditions, if within 14 days after the auction the auctioneer has received from the buyer of any lots notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to the Auctioneer in the same condition as at the time of the sale and by producing evidence, the burden of proof to be on the buyer, satisfies the Auctioneer that considered in the light of the entry in the catalogue the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The vendor agrees to be bound by the Auctioneers decision.
5. DEFAULT.
The Auctioneer disclaims responsibility for default either by the buyer or the vendor because he acts as Auctioneer only and therefore does not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.
6. THIRD PARTY LIABILITY.
Every person on the auction premises at any time shall be deemed to be there at their own risk. They shall have no claim against the Auctioneer or Proprietor in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of the Auctioneer's or Proprietor's employees.
Vendors Conditions
7. INSTRUCTIONS.
All goods delivered to the Auctioneers premises will be deemed to be delivered for sale by auction unless stated otherwise in writing and will be catalogued and sold at the Auctioneers discretion and accepted by the Auctioneer subject to all Sale Conditions. By delivering the goods to the Auctioneer for inclusion in their auction sales each vendor acknowledges that they have accepted and agreed to be bound by all these Conditions.
8. COLLECTION.
The Auctioneer does not himself undertake the collection of goods, but will, if required in writing, instruct a contractor on the vendor's behalf in his capacity as agent. The Auctioneer disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods and damage to premises caused by the contractor.
9. LOSS OR DAMAGE.
The Auctioneer disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of his staff.
10. STORAGE.
The Auctioneer reserves the right to store or arrange goods delivered to him for sale either on his own premises or elsewhere at his sole discretion. He exempts himself from any liability for loss or damage to goods delivered to his salerooms without sufficient sale instructions and reserves the right to make a storage charge for such goods (unless the loss or damage is caused by the negligence of his employees).
11. RIGHT TO SELL.
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within twenty-one days of such request the Auctioneer reserves the right to sell the goods to defray costs and storage charges.
12. INSURANCE.
(a) Unless otherwise instructed in writing all goods on the Auctioneers premises and in his custody will be held insured for which insurance the Auctioneer will charge a premium of 1%. The Auctioneer has an insurance policy that covers lots in his care, custody or control. The vendor and the buyer agree to be bound by the terms and conditions of that policy. The policy document is available for inspection at our office.
(b) The Auctioneer shall not be responsible for damage to or loss, theft or destruction of any goods not so insured upon the owner's written instructions.
13. RESERVES.
(a) All goods are put up for sale WITHOUT RESERVE unless written instructions are received by the Auctioneer prior to the commencement of the auction.
(b) In the event of any reserve price not being reached at auction, the Auctioneer is empowered to sell after the auction, by private treaty, at not less than the reserve price.
(c) The Auctioneer may charge up to 28% of the lowest estimate should any lot be withdrawn from the auction or fail to reach its reserve.
14. INDEMNITY.
The vendor shall duly indemnify the Auctioneer against any claims in connection with any goods sold by the Auctioneer on the vendor's behalf.
15. VALUE ADDED TAX.
A vendor who sells by auction any chattel(s) which is an asset of their business must disclose to the Auctioneer whether or not they are registered for Value Added Tax purposes and if so their registered number and whether they intend to operate the special scheme covering works of art etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
16. PHOTOGRAPHY.
The Auctioneers reserve the right to photograph and illustrate such items as they see fit. This will be charged up to a maximum of ?40 per illustration
17. COMMISSION.
The Auctioneers will charge commission as shown on the Auction Entry Form. Where electrical goods are consigned to us for sale, we have by law to instruct on the vendor's behalf , a qualified person to conduct the prescribed safety checks. For this and modifications a charge will be made and deducted from the proceeds.
Buyers Conditions
18. INSPECTION.
Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that they have satisfied themselves fully before bidding by inspection or otherwise as to all Conditions of Sale, the physical conditions of and description of the lot including but not restricted to whether the lot is damaged or has been repaired.
19. PROPERTY AND RISK.
The property in a lot shall not pass to the buyer until they have paid the purchase price in full, but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address, and if called upon to do so by the Auctioneer shall forthwith pay to the Auctioneer such proportion of the purchase price as the Auctioneer my require. If the purchaser fails to do so, the lot may, at the Auctioneers sole discretion be put up again and re-sold.
20. REMOVAL OF GOODS.
(a) All lots shall be paid for and removed at the buyer's risk and expense by the end of the second working day after the auction, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and be subject to a storage charge. If they are not paid for or removed within seven days of the auction the Auctioneer may re-sell them by auction or private treaty without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to maximum of the price paid by the purchaser of the lot.
(b) If any buyer fails to comply with any of the above Conditions the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charge and expenses in respect of both sales and any money deposited in part payment shall be held by the Auctioneer against the defaulters liability and may be appropriated in settlement of that liability.
21. CREDIT CARDS.
We do not accept credit cards but you may pay by bank transfer, debit card, cheque or cash.
22. ARTIST’S RESALE RIGHTS.
This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. An artwork must sell for more than €1,000 to qualify for the levy. The law defines the price threshold in Euros and, because the exchange rate between the two currencies changes daily, the equivalent in Pounds Sterling is worked out according to the exchange rate on the date the artwork is sold. The threshold for the day will be announced at the beginning of the sale. The levy is 4% on up to 50,000 euros, 3% from 50,000-200,000 euros, 1% from 200,000-350,000 euros, 0.5% from 350,000-500,000 euros and 0.25% on a hammer price exceeding 500,000 euros. There is a cap of 12,500 euros payable on any one work.
Please note: this scale is cumulative, which means that where the sale price is higher than the first threshold, the royalty on each portion of the price must be calculated accordingly and added together to arrive at the final sum. For example, take an artwork that sells for €210,000. The first €50,000 would achieve 4% (€2,000), the next 150,000 would achieve 3% (€4,500), and the final €10,000 would achieve 1% (€100). The total royalties due would be €6,600.
23. ONLINE BIDDING.
David Lay FRICS offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your card details and, unless alternative arrangements are agreed with David Lay FRICS you:
1. authorise David Lay FRICS, if they so wish, to charge the card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and
2. confirm that you are authorised to provide these card details to David Lay FRICS.
3. note that shipping arrangement details are available on our website www.davidlay.co.uk
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.
