Conditions of Sale:
Terms and Conditions for Buyers
In these conditions, Claydon Auctioneers Ltd. - who act as auctioneers and agents for the vendor - are called 'The Auctioneers' and the representative of Claydon Auctioneers Ltd. conducting the Auction is called 'The Auctioneer'.
General
Whilst Claydon Auctioneers Ltd. make every effort to ensure the accuracy of their catalogue and the description of any lot:
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.
Claydon 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.
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 Claydon Auctioneers Ltd., unless they have been instructed in writing by the vendor so to certify, and in such cases Claydon Auctioneers Ltd. do so as agents of the vendor and are themselves not responsible for such claims.
Any claim under any statute must be received in writing by the auctioneer within ten days of the sale.
The Auction
The auctioneer has the absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot, or lots, from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving reason or without previous notice. He/she may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the auctioneers discretion.
The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he/she has absolute discretion to settle it or re-offer the lot. The auctioneer may at his/her sole discretion determine the advances or bidding or refuse a bid.
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).
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.
Inspection
Each buyer by making a bid for a lot acknowledges that he/she has satisfied him/herself fully before bidding by inspection or otherwise in accordance with all sale terms and conditions, physical condition and description of the lot, including but not restricted to whether the lot is damaged or has been repaired or restored. We may be able to assist buyers unable to view by emailing a condition report, but these are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view. Condition reports cannot be prepared on the day of the sale.
Electrical goods
These are sold as decorative only. If you buy electrical goods for use you must ask a qualified electrician to check them for compliance with safety regulations before you use them.
Property and Risk
Legal title will not pass to the buyer until the lot(s) have been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price is paid in full, but each lot is at the sole risk of the buyer from the fall of the hammer.
Payment
Lots must be paid for before they are collected. For those attending the auction we ask that lots are paid for on the day of the sale. Payment methods and restrictions are outlined in our buying guide.
Purchase Price
The purchaser of any lot shall pay the hammer price plus a premium (together with VAT) on the premium at the appropriate rate and on the hammer price at the appropriate rate if applicable on that lot. Lots marked with a * are subject to a 20% VAT on hammer price as well as the buyers premium. The premium shall be calculated at 19.5% + VAT (minimum of £1 per lot plus VAT). The premium is to be paid by all purchasers. The amount invoiced in respect of the premium will be inclusive of VAT but this VAT will not normally be recoverable by the buyer. The vendor authorises the auctioneer to deduct commission and expenses form the hammer price and to retain the premium payable by the purchaser.
Estimates
Estimates are prepared in advance of the sale and do not include the buyers Premium (or VAT when this is paid on the hammer price). These are purely intended as a guide to prospective purchasers and may be altered before the auction of the lot. They are not definitive.
Online bidding
Any lots purchased via one of the live online bidding services will be subject to an additional commission charge on the hammer price payable by the bidder, in accordance with rates specified by the online service.
The live bidding platforms we use are:
www.claydonauctioneers.com - 2.5% +VAT
The Saleroom - 5% + VAT
Invaluable / AuctionZip - 5% + VAT
Live Auctioneers - 5% + VAT
EasyLive Auctions - 3% + VAT on the hammer price of all lots purchased or a flat fee of £3.00 is taken by EasyLive. NB: This fee will be taken regardless of whether you bid on or purchase lots.
By registering to bid through third party bidding platforms your agree to be bound by our terms and conditions.
Bids made via Invaluable / AuctionZip & Live Auctioneers will be subject to a 5% charge. Lots purchased via online bidding with Easy Live Auction will attract and additional sum of either a flat fee of £3.00 per sale or 3% of the hammer price (depending on choice at time of registering). All online bidding surcharges are subject to VAT at the rate imposed.
In completing the bidder registration on The Saleroom and providing your credit card details, unless alternative arrangements are agreed with Claydon Auctioneers Ltd., you
(i) authorise Claydon 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 sale via the-saleroom.com, and
(ii) confirm that you are authorised to provide these credit card details to Claydon Auctioneers Ltd. through www.the-saleroom.com and agree that Claydon Auctioneers Ltd. are entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
Droit de Suite / ARR
Certain works of art within our sales may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. Under this legislation, we are required to collect a royalty payment for all qualifying works of art, where the artist is still living. This royalty will be charged to the buyer on the hammer price and in addition to the buyers premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society ('DACS') and no handling costs or additional fees are retained by the auctioneers. Resale royalties are not subject to VAT.
Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk
Postage and Shipping
Lot(s) packed by Claydon Auctioneers are sent at the purchasers' own risk. Claydon Auctioneers Ltd. accepts no liability for loss or damage.
Collection / Storage
We prefer buyers to arrange collection of purchases as soon as possible following the auction. However, we appreciate that this is not always possible, especially for bidders from further afield and international customers. We are therefore happy to provide storage of items for up to 6 weeks following the auction on contact with the office. Please note if storage arrangements are not made with the auctioneers office Claydon Auctioneers Ltd. reserve the right to levy a handling charge of £10 per lot and a daily storage charge of £2 per lot, per day. Should the items still remain after 2 months, the items will be re offered in the next available auction in order to recover costs.
Firearms
Firearms cannot be released without production of the necessary firearms certificate.
Endangered Species
Buyers are reminded that the sale of endangered species of fauna and flora are regulated under to convention on Trade in Endangered Species of Wile Fauna and Flora (CITES)
Export of goods
If you intend to export goods you must find out:
whether an export licence is needed; and if there is a prohibition on importing goods of that character, e.g. because the goods contain prohibited materials such as ivory.
Third Party Liability
Every person on Claydon Auctioneers Ltd. premises at any time shall be deemed to be there at his/her own risk. He/she shall have no claim against Claydon Auctioneers Ltd., its employees or agents in respect of accident which may occur, or injury, damage or loss however caused, save in so far as the injury damage or loss shall be caused by the direct negligence of Claydon Auctioneers Ltd. employees.
Condition of lots
Please Note - Prospective purchasers must satisfy themselves as to the condition of lots prior to bidding!
It is recommended that prospective purchasers view the sale, however where this is not possible, we can provide a condition report without charge or obligation. If reference is not given to the condition of any lot within the catalogue, this does not imply that the lot is without faults or imperfections. All statements regarding condition reports (whether printed, made orally or given in e-mail) are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Claydon Auctioneers Ltd. unless they have been instructed in writing by the seller to so certify.
Payment
Our preferred payment method is by bank / wire transfer, (all costs associated with bank transfers must be met by the purchaser )however, we also accept payment by cash, credit and debit cards. Please note there is a 2.5% surcharge payable on all credit card transactions, however, there is no surcharge on debit card transactions ( unless paying with an overseas debit card). Please note that ' card holder not present transactions' (i.e payments over the telephone) are limited to a maximum of £250 per transaction, unless prior arrangement has been made with the auctioneers office or the goods will be collected in person by the cardholder.
