Terms & Conditions
An important Sale of Contemporary Art on behalf of the High Court. 130 Original Paintings and 5000+ mounted prints & cards, used in the production of the "Prime Arts Print Collection". Artists include : Ciranna, Bradfield, Kramer, Rickman, Hudson, Willis, Philp, Ian Francis & other important artists.
Information: The Courts have ordered the disposal of the assets of Prime Arts Ltd.
This first live Auction (with The Saleroom.com and Invaluable.com) will be held on the 5th November 2014 at MST Auction Rooms and includes all of the original works and the mounted prints, (some Limited Edition).
The Second (Timed with I-bidder.com) Auction will be held on the 12th November at the Prime Arts warehouse premises at Atworth Wiltshire SN12 8SB.
This will include over 500,000 prints and 100,000 greetings cards plus the professional framing equipment and materials etc.
• VENUE: MST AUCTIONEERS LTD, HANGAR 1, MARCUS ROAD, DUNKESWELL, HONITON, DEVON EX14 4LB.
• VIEWING: Monday 3rd & Tuesday 4th November 2014 from 10am - 5pm, or by appointment, at our premises. Please ring 01404 891833 for details.
• PREMIUM AND VAT: A buyer's premium of 18% plus VAT will be charged of all lots. VAT is charged at the current rate of 20% on the buyer' premium but there is no VAT on the hammer price of the lots
• PAYMENT: payment must be made within 48 hours - we accept cash (up to £7000), debit cards and credit cards. Please note: there is a surcharge of 3% for credit cards, ie Mastercard Credit and Visa Credit, and all American Express cards. The preferred method of payment is by bank transfer directly into our client account. Please ring the office on 01404 891698 to confirm method of payment and for bank details.
• THE ARTISTS' RESALE RIGHT (ARR): The use of ARR or Droit de Suite means that that an extra charge will be payable by the buyer. A percentage of a resale royalty is calculated on qualifying works of art which are sold for more than EUR 1,000 on the hammer price. The actual qualifying threshold will be calculated by the Artist's Resale Right Service on the day of the sale, and can be found on www.dacs.org.uk. This royalty will be added to the buyer's invoice and must be paid before items can be released.
• DESCRIPTION OF LOTS: All sizes of pictures given in the catalogue are approximate and will include the frame where fitted. All pictures, (originals, prints and limited edition prints) will be sold un-mounted and un-framed unless stated otherwise. The pictures showing assorted cards and prints etc on the shelves are only a sample of what will be contained in that lot. All limited edition prints and original paintings that are not glazed or wrapped may have been handled and may be marked. Viewing before bidding is strongly recommended. Each lot is bought and sold as seen; no warranty is offered or implied, please see our terms and conditions for further information
• SHIPPING: We recommend delivery via Mail Box Etc who can provide a packing, courier and shipping service. Please ring their nearest office at Taunton (01823 322263,) or see to their website: www.mbe.uk.com.
• ACCEPTANCE OF BIDS: The Auctioneers reserve the right to reject any bids, and acceptance of all final bids is subject to approval by our client. Your highest bid will be treated as a valid bid, even if the reserve has not been met, as vendors can ask us to reduce the reserves during the course of the sale. Your bid is a legally binding contract to purchase, IF YOU ARE NOT SURE, DO NOT BID as we are unable to cancel your purchase and there will be NO refunds made.
• INSURANCE OF LOTS: The goods are the risk of the Buyer immediately upon the fall of the hammer and buyers are strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until payment has been received in full.
• REMOVAL: ALL LOTS SHALL BE REMOVED AT THE PURCHASER`S EXPENSE AND RISK. Clearance (only after full cleared payment has been received) must be made within 5 days of the sale or storage charges may be incurred at £2 plus VAT per item per day.
SPECIAL NOTICE SECTION FOR ON-LINE BIDDERS: IN COMPLETING THE BIDDER REGISTRATION AND BY SIGNING UP TO THIS AUCTION WITH YOUR CREDIT/DEBIT CARD DETAILS, YOU CONFIRM AND AGREE THAT:
1. Full bidder's details including a valid email address and credit or debit card details will be provided in order to bid and you agree to pay deposit of £100 from the card registered with the on-line auction platform site if required. If you are unsuccessful, this will be automatically refunded in full at the end of the auction.
2. You are authorized to provide these credit/debit card details to the auctioneer, and that you have sufficient funds to complete the transaction, and you agree to pay any deposit required prior to auction.
3. You authorise MST Auctioneers Ltd , if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com
4. You will make full and final payment immediately upon receipt of invoice; (unless prior arrangement has been obtained from the Auctioneers). You agree to ensure that full payment is received by MST Auctioneers Ltd by 3:00pm, Friday 7th November 2014. (If payment is not received within this time period, we reserve the right to charge the card registered with the-saleroom.com for the full amount outstanding.)
5. You agree that MST Auctioneers Ltd are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
6. You agree to abide by MST Auctioneers Ltd Conditions of Sale and any other special terms and conditions as stated in this notice and on the auction platform website.
TERMS AND CONDITIONS OF SALE
1. INTERPRETATION:
a) ''Bid price' means the price bid by a purchaser for a lot exclusive of any Value Added Tax chargeable on the supply of goods comprising the lot;
b) 'Purchase price' means the bid price plus a sum equal to any Value Added Tax chargeable on the supply of the goods comprised in a lot;
c) 'Purchaser' means the person making the highest bid price for a lot;
d) 'Vendor' means the person, company or department selling the goods.
e) 'Reference to any enactment, order, regulation or other similar Instrument' shall be construed as a reference to the enactment, order, regulation or Instrument as amended by any subsequent enactment, order, regulation or Instrument.
2. GENERAL NOTICE:
This sale is not classed as a consumer sale within the meaning of the Supply of Goods (Implied Terms) Act 1973.
3. BIDDING:
Full bidder's details including a valid address, phone number, and photo ID must be produced (ie driving licence or passport), together with proof of address (ie: utility bill, bank statement etc) must be provided in order to bid. .
By making a bid for any lot, the person making the bid warrants that he has read, makes his bid upon and agrees to be bound by these conditions, and further warrants that he has due authority and capacity to make the bid and binds both himself and any employer or principal to honour any contract resulting there from. Any bid shall be deemed to be an offer by the buyer to purchase any lot tendered upon these conditions. If any dispute arises between those making bids, the Auctioneer, at his discretion, shall either put up the lot in dispute for resale or decide the dispute. No person shall retract his bidding. Vendors reserve the right to bid themselves or by agents and to alter, vary or withdraw any lots before or during the sale.
4. ON-LINE BIDDING
Access for bidding can be obtained from our website which will link you through to the on-line auction platform hosting the sale. Full bidder's details including a valid email address and credit or debit card details must be provided in order to bid and a security deposit may be taken from the card registered with the auction platform site before bidding commences (details will be given in the Auction Notes). There may an additional charge for bidding via an on-line auction site - please check Auction Notes for details.Upon the lot being declared as sold to you at the fall of the hammer or at any time before or after the end of the auction, the Auctioneers may deduct from your card, either part or the whole of the balance owing, and you authorise MST Auctioneers Ltd to charge to that credit/debit card, that part or full payment (including all fees and VAT) for the items purchased. If payment is not received within the stated time period, we reserve the right to charge the card registered with the auction platform site for the full amount outstanding
5. ADDITIONAL DEPOSIT:
Purchasers may be required to pay an additional deposit on lots which will cause damage or leave a hole in the fabric of the building after removal. These lots will be specified in the sale catalogue. The deposit will be returned once the purchaser has made good in a satisfactory manner
6. METHOD OF PAYMENT:
No goods may be removed until they have been paid for in full. Payment is acceptable by bank transfer, cash (up to £7000), or credit or debit cards. There is a limit of £300 for Cardholder Not Present (CNP) payment. A handling charge of 3% will be added to all credit card and American Express payments. Debit cards will incur no extra charge. Payment by BANK TRANSFER is our preferred method of payment and can be made directly into our Client's Call account - please contact the auction office for bank details on 01404 891833.Full and final payment must be made immediately upon receipt of invoice, (unless prior arrangement has been obtained from the Auctioneers), All payments MUST be received in full by within 48 hours of the sale. .
7. BUYERS PREMIUM AND VAT CHARGES:
A buyer's premium plus VAT will be charged on all lots, see catalogue for details. VAT is charged at the current rate of 20%. There is no VAT charged on the hammer price.
8. CONDITION AND DESCRIPTION OF LOTS:
Representations or statements made by the Auctioneer in any Catalogue as to contribution, authorship, genuineness, source, origin, date, age, provenance, condition or estimated selling price or value is a statement of opinion only. Neither the Auctioneer nor its employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a Lot must exercise and rely on their own judgment and opinion as to such matters. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot.
9. ACCEPTANCE OF FINAL BIDS:
IMPORTANT NOTE - Acceptance of all final bids is subject to prior approval by our client. MST Auctioneers Ltd reserves the rights to reject any bids which they feel are insufficient. Successful bidders will be notified by email upon the finish of the auction. The fall of the hammer is a legally binding contract to purchase, IF YOU ARE NOT SURE, DO NOT BID, as we are unable to cancel your purchase.
10. PAYMENT OF BALANCE: VENDOR`S POWERS ON NON-PAYMENT:
Before all lots are removed by the Purchaser, they shall pay in full the purchase price for all the lots they bought. Such monies shall be paid within 48 hours following the sale. If the purchase price is not paid by the Purchaser, all monies deposited shall be forfeited and the Vendor shall be at liberty without prejudice to any other remedies to resell any lot or lots or any part thereof remaining unmoved and unpaid for by the Purchaser by public or private sale without giving prior notice to the Purchaser, and after allowing for any deposit forfeited as aforesaid, any deficiency which may arise on such resale shall be made good by the Purchaser and shall be recoverable from him as liquidated damages or deducted from the sums due to him under this or any other contract. Any increase of price obtained on resale shall belong to the Vendor. We reserve the right to charge the card registered with the auction platform site for the full amount outstanding.
11. DESCRIPTION OF PAINTINGS:
All references to signatures, inscriptions and dates refer to the present state of the work.
a) A picture catalogued with the forename(s) and surname of the painter is in our opinion a work by that artist;
b) When an artist's forename(s) is not known, a series of asterisks followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist.
c) Attributed to.... is in our opinion probably by the artist.
d) Studio of.... is in our opinion a work from the studio of the artist which may or may not have been executed under his direction.
e) Circle of.... is in our opinion a work of the period of the artist executed under his immediate influence.
f) Follower of.... is in our opinion a work by a painter working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil.
g) Manner of.... is in our opinion a work in a style related to that of the artist, but of a later date.
h) School…. is in our opinion the picture was executed at that time and in that location.
i) After.... is in our opinion a copy of any date after a work by that artist.
j) The term 'Signed and/or dated and/or inscribed' means that in our opinion the signature and/or date and/or inscription are from the hand of the artist.
k) The term 'Bears signature and/or dated and/or inscription' means that in our opinion the artist's name and/or date and/or inscription have been added by another hand.
12. FAULTS AND ERRORS:
The lots are sold 'as seen as they lie' with all faults and errors or mis-statement or description, measurement, weight, quantity, quality, number or otherwise (whether of a substantial nature or not). The Purchaser shall be deemed to have inspected the lots he buys and if he buys without previous inspection, he shall do so at his own risk. The lots are not sold by sample but if in any case, a sample shall be displayed, it shall be upon the understanding that this contract shall contain no implied condition or warranty as to quantity or otherwise or that the lots are free from any defect rendering them unmerchantable. No Warranty whatsoever is given or implied by the vendor or the auctioneers.
Whilst MST Auctioneers Ltd do make every effort to ensure the accuracy of their catalogue and the description of any lot:
a) Each lot 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 descriptions.
b) MST Auctioneers Ltd do not accept any responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot unless they have been instructed in writing by the vendor so to certify and in such cases the auctioneers do so as agents for the vendor and are not themselves responsible for such claims
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 representations of fact by MST Auctioneers Ltd, unless they have been instructed in writing by the vendor so to certify, and in such cases MST Auctioneers Ltd do so as agents of the vendor and are themselves not responsible for such claims.
d) The goods shall be acquired by the Purchaser at his own risk. Any claim under any Statute must be received in writing by the auctioneer within seven days of the sale.
13. TRANSFER OF LOTS:
No transfer of lots by the Purchaser shall be allowed.
14. DISPUTES:
If any dispute or difference arises about any lot or any other matter in relation to the sale, the same shall be settled by the Auctioneers or any such person as they shall appoint for the purpose, whose determination shall be fixed and binding on all parties concerned.
15. RISK AND INSURANCE:
Neither the Vendor nor the Auctioneer shall be responsible for any lot or part thereof after the fall of the hammer, from which time all lots shall remain the responsibility of the Purchaser. The goods are the risk of the Buyer immediately upon the fall of the hammer and buyers are strongly advised to effect insurance at once, irrespective of whether title has passed. Title does not pass to the purchaser until payment has been received in full.
16. REMOVAL:
ALL LOTS SHALL BE REMOVED AT THE PURCHASER`S EXPENSE AND RISK. Clearance (only after full cleared payment has been made) can take place within the dates specified, or by appointment with the Auctioneers. Where the Auctioneers or their agents gives assistance with the lifting and/or towing within the Auction premises in connection with the collection of goods such assistance is given entirely at the Purchaser`s risk and they shall incur no liability whether in contract or in tort in respect other than in respect of injury to persons arising from the negligence of the Vendor, Auctioneers or their agent.
