Conditions of Sale
These Conditions of Sale and Business constitute the contract between Nicholas Mellors Auctioneers Limited and the seller, on the one hand, and the buyer on the other. By bidding at the auction, and/or consigning to Nicholas Mellors Auctioneers Limited, you agree to be bound by the following terms.
Conditions of Sale
1. Definition
In these terms of business:
Nicholas Mellors Auctioneers Ltd is referred to as 'NMA'.
The NMA representative conducting the auction is referred to as the 'auctioneer'.
2. Agency
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
3. Terms of Sale
The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment.
4. Descriptions and Condition of Lots
Every effort is made to ensure the accuracy of statements relating to authorship, descriptions, origin, date, age, provenance and condition of lots.
Statements made orally or in the catalogue are opinions given after careful consideration and research.
Prospective buyers are given ample opportunity to view lots before any sale. When bidding, buyers acknowledge that they are fully satisfied as to the description and condition of the lot.
5. Attribution of Pictures
(a) If the forename(s) (or asterisks where not known) and surname of the artist are given, this indicates that in the opinion of NMA the picture is a work by the named artist.
(b) If the initials of the forename(s) and the surname of the artist are given, this indicates that in the opinion of NMA the picture is a work of the period of the named artist and may be wholly or in part his work.
(c) If the surname of the artist is given, this indicates that in the opinion of NMA the picture is a work of the same school of the named artist, or by one of his followers, or in his style and of uncertain date.
(d) The term 'Bears signature' indicates that in the opinion of NMA this is not the signature of the artist.
(e) All other terms are self-explanatory.
6. Forgeries
Notwithstanding Condition 4, any lot which proves to be a deliberate forgery may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence provided that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer's premium.
7. Third Party Liability
Every person on NMA premises before, during or after a sale shall be deemed to be there at their own risk and shall have no claim against NMA in respect of any injury they may sustain or any accident which may occur.
8. Disputes
Any dispute not covered in these terms of business will be settled at the sole discretion of NMA.
9. General
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
a) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of the Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee 48 hours after posting.
Special terms may be used in catalogue descriptions of particular classes of terms in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of the Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
English law applies to the interpretation of these Conditions.
Terms of Consignment for Sellers
1. Interpretation
In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. Similarly the words 'we', 'us' etc. refer to Nicholas Mellors Auctioneers Ltd.
2. Warranty
The Seller warrants that possession in the lots can be transferred to the Buyer with good and marketable title, free from any third party right and encumbrances, claims or potential claims. The Seller has provided all information concerning the items ownership, condition and provenance, attribution, authenticity, import or export history and of any concerns expressed by third parties concerning the same.
3. Commission
Commission is charged to sellers at a flat rate of 10% plus VAT.
4. Removal Costs
Items for sale must be consigned to the saleroom by and stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
5. Loss and Damage of Goods
a) Loss and Damage Warranty - NMA is not authorised by the FSA to provide insurance to its clients and does not do so. However, NMA for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until the hammer falls. To justify accepting liability, NMA makes a charge of 1% of the hammer price plus VAT. The liability assumed by NMA shall be limited to the lower pre-sale estimate or the hammer price if the lot is sold.
b) If the owner of the goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owners risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 5(a) is inapplicable.
6. Illustrations
The cost of any illustrations is borne by you. If we consider that the lot should be illustrated your permission will be asked first. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.
7. Minimum Bids and Our Discretion
Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 8. We may sell lots below the reserve provided we can account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a "discretion" we may accept a bid of up to 10% below the formal reserve.
8. Reserves
a) You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to unreasonably high reserves {in which case goods carry the storage (Condition 17) and loss damage warranty (Condition 5(a) charges as stipulated in these Terms of Consignment}.
b) A reserve once set cannot be changed except with our consent.
c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
d) Reserves are not usually accepted for lots expected to realise below £100.
9. Electrical Items
These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
10. Soft Furnishings
The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense.
The rights of disposal referred to in clauses 9 and 10 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection upon request.
11. Descriptions
Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 4 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds.
12. Unsold Items
If an item is unsold it may at our discretion be re-offered at a future sale. Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed. Otherwise, storage charges may be incurred.
13. Withdrawn and Bought In Items
These are liable to incur charges on being bought in or withdrawn after being catalogued.
14. Conditions of Sale
You agree that all goods will be sold subject to our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses, liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
15. Authority to Deduct Commission and Expenses and retain Premium and Interest
You authorise us to deduct commission at the stated rate and all expenses incurred from your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
You authorise us at our discretion to negotiate a sale by private treaty not later than the close of business 48 hours after the day of sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
17. Storage
We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make storage charges.
18. Settlement
Subject to funds having cleared in our account we aim to pay you no later than 14 working days following the sale. If the buyer has not paid for the goods no settlement will be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. Please note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 11 above and you should therefore bear this in mind before parting with the proceeds of sale.
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Information for Buyers
1. Introduction
The following notes are intended to assist buyers particularly those who may be inexperienced or new to our saleroom. All sales are conducted in accordance with our Conditions of Sale. Our staff will be happy to help you with anything you do not fully understand.
2. 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.
3. The Buyer
The highest bidder acknowledged as such by the auctioneer will be the buyer. If any dispute arises, the auctioneer has absolute discretion to settle the matter. The auctioneer rules the bidding and bids cannot be retracted. The auctioneer reserves the right to refuse any bid.
The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with NMA's Conditions of Sale and Business.
The auctioneer reserves the right to bid on behalf of the sellers for any lot and to withdraw, consolidate or divide any lot or lots.
4. Registration
It is essential that all prospective buyers register with us, giving their full name, address, contact telephone number(s) and email address. First time buyers will be required to provide proof of identity (i.e. driving licence/passport), a valid debit or credit card and a copy of a utility bill confirming their name and address. Upon receipt of the above a paddle will be issued, which is only valid for the current sale. The paddle may be used to indicate your bids to the Auctioneer during the sale. If successful, the bidder must ensure that their number can be seen by the Auctioneer and that it is their number that is called out. Should there be any doubts as to price or buyer, please draw the Auctioneer's attention to it immediately.
5. Buyer's Premium - Commission Charges
There is a buyer's premium of 20 per cent plus VAT on the hammer price of each lot.
6. Value Added Tax
Lots on which the buyer may have to pay VAT on the 'hammer price' are indicated in the catalogue with the following symbol ?. The buyer must pay this VAT at the rates that apply on the day of the auction in addition to the buyer's premium and VAT thereon.
7. Auctioneers Margin Scheme
This scheme allows auctioneers to sell items without VAT on the hammer price. The buyer then pays an amount equivalent to VAT. This amount cannot be refunded and is not shown separately on the invoice.
8. Payment
Buyers must pay in full before items can be removed from the premises (please see "payment methods" below).
Invoices will be issued from the day of the sale. Buyers must pay their invoice in full within 24 hours and advise when they will be collecting their item(s).
Any invoices which remain unpaid after seven days will incur interest at 5 per cent above the base rate, charged from the date of the sale.
If buyers are unknown to us, we cannot hand over purchases unless we have adequate references or payment is cleared. Deposit payments made by winning bidders are non-refundable unless expressly agreed beforehand.
Payment Methods
We accept payment by:
• Cash - up to £9,000 (subject to money laundering regulations).
• Cheques - The auctioneers regret that they are unable to accept cheques in payment for purchases, except where arrangements have been made beforehand well in advance of sale day.
• Debit card
• Credit card - (Not American Express or Diners Club). Please note a charge of 2.5 per cent is added to credit card payments.
• Bank transfer to:
Svenska Handelsbanken AB (publ) - 3 Thomas More Square, London, E1W 1WY
Account no. 80144574
Account name Nicholas Mellors Auctioneers Ltd Client Account
Sort code 40-51-62
IBAN HANDGB22
SWIFTBIC GB63 HAND 405162 80144574
9. Live Internet Bidding
Live online auctions are in conjunction with the-saleroom.com
We ask that you register for the sale a minimum of 24 hours before the auction. the-saleroom.com will notify you before the auction is about to start.
When you have registered, you can watch the auction in real time; simply click the bid button to place a bid.
If your bid is successful we will notify you after the sale for payment. A charge of 3 per cent of the hammer price (plus VAT) is made for internet bidding in addition to all other charges.
10. Transfer of Risk
Each lot is the buyer's sole responsibility from the fall of the hammer.
11. Commission Bids
If instructed, NMA will execute bids and advise prospective buyers. This service is free.
Buyers who cannot come to a sale may leave their bid with our staff after/during viewing, or make their bid in advance by telephone or email (enquiries@nicholasmellorsauctioneers.com). Such bids are placed at the buyer's own risk.
Bids must be made at least one hour before the sale starts, but we advise buyers to make bids at the earliest possible opportunity.
When making bids, buyers must provide:
• Their full name
• Address
• Email address
• Contact telephone numbers
• The number of the lot they wish to buy
• Their maximum bid amount - excluding commission which will be added to the invoice afterwards.
Buyers must state what their maximum bid would be. We cannot accept an instruction to 'buy' or unlimited bids.
We will ensure that lots are bought as cheaply as possible depending on the bids made and other reserves. If identical bids are placed, they will be dealt with on a "first come first served" basis.
12. Telephone Bids
Lines for telephone bidding should be booked 48 hours before the auction. Lines are booked on a first come first served basis and may be subject to a minimum lot value of £500. Full name, address and telephone numbers will be required together with proof of identity and address. Bank and credit/debit card details are also necessary to secure the line.
13. Data Protection
NMA will use information provided by its clients or obtained by NMA relating to its clients for the provision of auction services or as required by law. NMA may need to record telephone conversations for security or legal reasons or as necessary to provide a higher quality of service. Clients agree that NMA may use sensitive information that they supply to NMA. Unless permitted by law, NMA will not otherwise process sensitive personal data without express consent. By agreeing to the Conditions of Sale and Business, clients agree to the processing of their personal information.
14. Storage and Collection
Please note furniture, carpets, clocks and larger works of art lots will normally remain in the salerooms for fourteen working days following each sale, after which they will be removed to store and arrangements for collection and payment of a release fee must be made in advance.
15. Electrical Goods and Soft Furnishings
These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations.
16. Export of Goods
Buyers intending to export goods should check whether an export licence is required and whether there is any specific prohibition on importing goods of that character because e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
17. Packing and Despatch
Since we do not offer these services, buyers are respectfully asked to make their own arrangements. We can provide contact details for local, national and international carriers upon request.
18. Droit de Suite Royalty Charges
A work of art by a living artist, or those who have died within the last 70 years, which costs more than the UK sterling equivalent of €1,000 will incur a royalty charge. We pass this payment onto the Design and Artists Copyright Society (DACS), and do not charge a handling fee. Buyers can calculate royalty charges on the DACS website.
Items marked with the ? symbol in the catalogue will potentially incur royalty payments.
We use the euro to UK sterling exchange rate which applies on the day of the sale. It is the buyer's responsibility to check the relevant exchange rate.
The actual qualifying threshold is calculated by the Artist's Resale Right Service Hub based on the European Central Bank reference rate published at 2.15pm on the day of the sale, and can be found on the DACS website.
The royalty charge for pictures which achieve a hammer price of more than the UK sterling equivalent of €1,000, but less that the UK sterling equivalent of €50,000 is four per cent. On works of art that achieve a hammer price of more than the UK sterling equivalent of €50,000 a sliding scale of royalty charges applies. For a complete list of the royalty charges and threshold levels please download more information from the DACS website.
The royalty charge is added to invoices, and must be paid before purchases are removed. VAT is not paid on royalty charges.
18. Cites License
Important Notice Relating to Sporting and Natural History
Clients intending to import/export any item derived from natural history specimens into/from a non-European country should first check for any Import/Export and possession restrictions prior to bidding/selling.
Certain species * are also subject to CITES regulations when exporting/importing these items out the EU. CITES regulations are given on www.ukcites.gov.uk or maybe obtained from Animal Health, Wildlife Licensing and Registration Service, Zone 1/17, Temple Quay House, 2 The Square, Bristol BS1 6EB. Those species that are covered by the US Endangered Species Act (USESA) or The Migratory Bird Treaty Act (MBTA): potential US bidders should check with USF&W (US Fish and Wildlife Services) for trade/possession restrictions in the US prior to bidding.
While every effort has been made to attribute the correct Latin name for each specimen, the auctioneers will not be held responsible for any errors that may occur concerning Latin nomenclature.
For Health and Safety reasons, large heads, full mounts, and any particularly heavy or awkward lots cannot be removed whilst the auction is in progress.
