Conditions of Sale
The following informative notes are intended to assist buyers, particularly those inexperienced or new to our salerooms. Our staff will be happy to advise you if there is anything you do not fully understand.
Payment
If you are a first-time buyer we will need your name, address, full contact details and bank details and will require funds to be cleared before purchases can be released.
For those attending the sale we ask that all lots are paid for in full on the day of the Auction.
Commission and Internet bidders should check the success of their bids as soon as possible and forward payment within five working days of the Auction.
Payment methods
For UK Buyers
The following methods of payment may be made:
? Payment in cash up to a limit of ?10,000.
? Personal cheques, but these must clear before the removal of goods and this may take up to 8 working days.
? Debit Cards and Credit cards (Visa or Mastercard)
? Bank Transfers can be made via:
Barclays
Account number 03598675
Sort code 20-26-34
IBAN no GB44BUKB20263403598675
BIC code BUKBGB22
For Overseas Buyers
? Personal cheques, but these must clear before the removal of goods and this may take up to 8 working days or longer in some cases.
? Debit Cards and Credit cards (Visa or Mastercard) Up to a value of ?300
? Bank Transfers can be made via:
Barclays
Account number 03598675
Sort code 20-26-34
IBAN no GB44BUKB20263403598675
BIC code BUKBGB22
Remedies for Non-Payment or failure to collect purchases
If any Lot is not paid for in full and taken away in accordance with our full Terms and Conditions we, as the agent for the seller, shall at our absolute discretion and without prejudice to any other rights we have, be entitled to exercise all or any of the below:
a) To proceed against you for breach of contract and damages;
b) To recind the sale of that Lot and/or any other Lots sold by us to you;
c) To resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part-payment and adding any resale costs). Any surplus so arising shall belong to the seller;
d) To remove, store and insure the Lot at your expense and in the case of storage, either at our premises or elsewhere;
e) To charge interest not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for 5 days after the Auction date;
f) To retain that or any other Lot sold to you until you pay the total amount due;
g) To reject or ignore bids from you or your agent at future auctions or impose conditions before any bids shall be accepted;
h) To apply any proceeds of sale of other Lots due or in future becoming due to you towards settlement of the total amount due and to exercise a lien on any of your property in our possession for any purpose.
Removal
All lots should be paid for and collected by 5pm by the Friday following the sale. Commission bidders are asked to check the success of their bids and arrange payment and collection within this time. Items not removed within one week may be removed at the purchaser's expense. The removal charge is ?10 per lot. The storage charge is ?1 per lot, per day. We can recommend a number of furniture and goods carriers.
Dispatch
The auctioneers are able to pack and dispatch purchases in some cases, please contact us before the auction to discuss.
Agency
As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
Estimates
Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyers Premium or VAT. Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
Buyers Premium
The Conditions of Sale oblige buyers to pay a buyer's premium at 19% on the hammer price of each lot purchased. In addition, VAT is charged on this premium.
Condition of Lots
We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them, we are normally unable to carry out a detailed, or any, examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order.
However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances, lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a 2 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
Condition Reports
We may be able to assist buyers unable to view by posting or e-mailing a condition report. We provide the information for guidance only, without legal obligation or prejudice to our standard terms and conditions of sale. Bishop & Miller Auctioneers cannot be held responsible for damage or faults that may be missed during our inspection of the item(s) in question. You should not rely upon this report when deciding whether or not to make a bid. Condition reports do not include manufacturing defects that occurred during the production of the item. Please note that any attached illustrations are intended as a guide only. Colours and general appearance may differ from the original item(s). We strongly recommend that you inspect the lot yourself and consult an independent professional conservator or restorer. Condition reports cannot be prepared on day of sale. Please see our Conditions of Sale.
Electrical Goods
These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
Export of Goods
Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because they may contain prohibited materials such as ivory.
Buyers Registration
All attending buyers are asked to collect a bidding paddle before the commencement of the sale. Should you be the successful buyer of any lot please ensure that your paddle can be seen by the Auctioneer. Please return your paddle at the end of the sale.
Commission Bidding
Commission Bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or e-mail. All absentee bids should be received before the auction commences, we cannot guarantee to accurately execute bids received once the auction has commenced. All email bids must be received by no later than 9.30am on the morning of the sale.
Telephone Bidding
If you are unable to attend the auction it may be possible to bid on the telephone for higher value lots.
The number of lines is limited so we would urge serious telephone bidding only and ask that you be prepared to bid over the top estimate.
It would be advisable to leave a maximum covering bid in case we are not able to contact you by telephone.
All lines must be booked and confirmed in writing before the day of the auction and preferably some time in advance.
Telephone bidding involves many variables and whilst we take every care to ensure the smooth running of this service, we cannot be held liable if your bids are missed for any reason.
Online Bidding
Bishop & Miller Auctioneers offers an online bidding service via invaluable.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 + VAT at the rate imposed on the hammer price
IMPORTANT NOTICES
Removal of lots
ALL lots are to be removed from the premises by 5.00pm at the latest on the Friday following each sale. Bishop & Miller Auctioneers retain the right to remove lots remaining after this time into safe storage, for which a charge will be made.
Electrical Goods
All electrical goods offered in this sale have either been tested and certified by an appropriately qualified electrician or have been operationally disabled. We would strongly advise that any intended re-commissioning is undertaken by an appropriately qualified electrician.
Post 1950 Furniture
All items of furniture included in this sale are offered for sale as works of art. The items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, they should not be used in a private dwelling.
Furniture made of Brazilian Rosewood (Dalbergia Negra)
To comply with CITES Regulations on post-1947 furniture made of Brazilian Rosewood, all post-war Rosewood furniture items have article 10 certificates.
If you are purchasing Rosewood furniture for commercial purposes and not solely for your own use, CITES regulations require you to obtain your own certificate. You would need to contact the Animal Health and Veterinary Laboratories Agency (AHVLA) and, as part of the process of obtaining your document, it is a requirement that you have seen sight of the Bishop & Miller certificate or are aware of its reference number. It is therefore the responsibility of commercial buyers to ensure that they obtain a copy of the appropriate certificate, or the certificate reference number, after purchase from Bishop & Miller Auctioneers.
