Lot 334: DONALD BAIN Female figure study pencil, signed and

The following conditions apply to all transactions carried out by Robt. McTear & Co. (Auctioneers) Ltd, ('McTears') relating to the auctioning of goods. In these terms all bidders for and Buyers of any lot put up for Auction by McTear's are called 'the Buyer' and the representative of McTear's conducting the Auction is called 'the Auctioneer'.

The Auctioneers act at all times in the sale of goods as agents of the Seller of the Lots put up for auction ('the Seller') only, and are not responsible for any default by either the Buyer or the seller. As McTear's act as agent only, title to the goods at no time passes to McTear's and accordingly they are not liable for any fault in connection with the goods. The Seller shall indemnify McTear's against any claims in connection with any goods sold by McTear's on their behalf.

All goods delivered to McTear's premises are left at their own risk and McTear's disclaim all responsibility for loss or damage to goods or for the unauthorised removal of goods unless caused by negligence of their employees.

The Seller will be charged for goods left on the premises after he has been requested to remove them. If the goods are not removed within 7 days McTear's reserve the right to sell or otherwise dispose of the goods.

Any lot may be subject to a reserve or upset price, and a right to bid is expressly reserved by the Seller of such Lot or by the Auctioneer on his behalf.

A sale is complete when the Auctioneer announces its completion by the fall of the hammer but until such announcement is made the Buyer may retract his bid. The property in a Lot shall not pass to the Buyer until he/she has paid the purchase price in full but not withstanding that the property in the Lot has not passed the risk or loss of damage to the Lot shall pass to the Buyer on the fall of the hammer. The Auctioneer may, without giving any reason therefore, decline to accept the bidding of any person or persons and / or withdraw the Lot from the Auction before the fall of the hammer. In the event of any dispute, the Auctioneer shall have absolute discretion to settle such dispute.

The Buyer shall upon the fall of the hammer give his name and address to the auctioneer, and if called upon to do so shall immediately pay to McTear's such proportion of the purchase price as the auctioneer may require. The purchase money must be paid IN CASH immediately after all Lots in the Auction have been offered for sale, and no Lots shall be removed until the purchase money has been paid. The Buyer shall pay the hammer price together with a Premium of 17.5% of the hammer price + VAT.

If the Buyer has not paid for the Lot or Lots purchased within 24 hours of the sale thereof, he shall be deemed to have received notice of McTear's intention to re-sell the Lot in terms of Section 48(3) of the Sale of Goods Act 1979. If at the expiry of a further 24 hour period McTear's have not received the purchase price they may re-offer the Lot for auction. If upon such a re-sale a lower price is obtained for any such Lots than was obtained on the first sale, the difference in price shall be a debt due from the Buyer. Interest shall be charged at Bank of Scotland Base Lending Rate on any purchase monies outstanding after such 48 hour period until the goods are re-sold.

Every person on McTear's premises at any time shall be deemed to be there at his own risk. He/she shall have no claim against McTear's in respect of any accident which may occur, or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss is caused by the negligence or other of McTear's employees.

Lots purchased online at www.invaluable.com or www.auctionzip.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed

In completing the bidder registration on www.invaluable.com or www.auctionzip.com and providing your credit card details and unless alternative arrangements are agreed with McTear's you (i) authorise McTear's, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via Invaluable or AuctionZip, and (ii) confirm that you are authorised to provide these credit card details to Mctears through www.invaluable.com or www.auctionzip.com and agree that McTear's are entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.


Droite de Suite
Under Droit de Suite or Artist's Re-sale Rights legislation, auctioneers and art market professionals are required to collect royalty payments for all works of art by living artists sold above the hammer price of 1000 euros, or Sterling equivalent.

The royalty of 4% of the hammer price is charged to the buyer, in addition to the buyers premium and is not subject to vat. All royalty charges are paid to the Design and Artists Copyrights Society (DACS) and no handling costs or additional fees are retained by McTear's. Please check with the auctioneers if you are unsure whether this royalty is payable on any lot that you are considering bidding for. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale.

The absence of reference towards the condition of of any lot does not imply that the lot is free from imperfections. Prospective buyers are encouraged to examine lots closely during viewing times. Condition reports are available on request. Although any known or visible damage will be mentioned in a Condition Report, no refunds will be made on any lot that is later discovered to be restored. We recommend that prospective bidders seek the advice of an independent professional restorer prior to the auction sale.

A buyers premium of 17.5% + VAT will be added to the hammer price of each lot. This premium is applicable to all sales.

McTear's do not offer a packing and shipping service for buyers though we are pleased to provide details of recommended professional packers and shippers. Arrangement may be made to have your purchases packed and shipped nationally and internationally.