Terms
Terms and Conditions
STANDARD CONDITIONS OF SALE
1. Definitions. In these Conditions W.H. Lane & Son who act only as auctioneers and agents are called W.H. Lane & Son and the representative of W.H. Lane & son conducting the auction is called "the Auctioneer"
2. General. Whilst W.H. Lane & Son make every effort to ensure the accuracy of their catalogues and the descriptions 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) W.H. Lane & Son do not accept 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 buyer to so certify.
(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 W.H. Lane & Son unless they have been instructed in writing by the buyers to so certify.
3. The Auction.
(a) The Auctioneer has 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 any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
(b) The highest bidder shall be the buyer. The Auctioneer may at his sole discretion determine the advance or bidding or refuse a bid. If during the Auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot.
(c) 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).
(d) 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.
4. Lot Money. The buyer shall pay the hammer price together with Lot Money at rate 17.5%of hammer price exclusive of VAT and 4 % A.R.R. (Artists' Resale Rights)
5. Rescission. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale W.H. Lane & Son have received from the buyer of any lot notice in writing that in his view the lot is a deliberate fake or forgery and within twenty one days after such notification the buyer returns the same to W.H. Lane & Son in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies W.H. Lane & Son that
considered in the light of the entry in the catalogue the lot is a deliberate fake or forgery then the sale of the lot will be rescinded and the purchase price of the same refunded. The vendor agrees to be bound by W.H. Lane & Son's decision.
6. Default. W.H. Lane & Son disclaim responsibility for default either by the buyer or the vendor because they act as Auctioneers only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.
7. Third Party Liability. Every person on W.H. Lane & Son's premises at any time shall be deemed to be there at his own risk. He shall have no claim against W.H. Lane & Son in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the negligence of W.H. Lane & Son's employees.
VENDORS CONDITIONS
8. Instructions. As W.H. Lane & Son are auctioneers all goods delivered to W.H. Lane & Son's premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at W.H. Lane & Son's discretion and accepted by W.H. Lane & Son subject to all the Sale Conditions. By delivering the goods to W.H. Lane & Son for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
9. Collections. W.H. Lane & Son do not themselves undertake the collection of goods, but will, if required in writing, instruct a contractor on the vendor's behalf in their capacity as agents. W.H. Lane & Son disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks.
10. Loss or Damage. W.H. Lane & Son disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the negligence of their employees.
11. Storage. W.H. Lane & Son reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their sale rooms without sufficient sale instructions and reserve the right to make a minimum storage charge at £2 per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
12. Right to Sell. Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within twenty-one days of such request W.H. Lane & son reserve the right to sell the goods to defray costs and storage charges.
13. Insurance.
(a) Unless otherwise instructed in writing all goods on W.H. Lane & Son's premises and in their custody will be held insured against the risks of fire, burglary and water damage (but not against accidental breakage or damage) for which insurance W.H. Lane & Son will charge a premium of 1 per cent (minimum 10p). The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the best bid, or in the case of goods withdrawn prior to a sale that which the specialised staff of W.H. Lane & Son shall in their absolute discretion estimate to be the auction value of such goods.
(b) W.H. Lane & Son shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner's written instructions.
(c) W.H. Lane & Son shall not be responsible for accidental breakage, loss or damage, howsoever caused unless directly caused by negligence of their employees.
(d) In respect of any article delivered to W.H. Lane & Son if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note W.H. Lane & Son interest as bailees in such policy or policies.
14. Reserves.
(a) All goods are put up for sale WITHOUT RESERVE unless written instructions as to reserve are received by W.H. Lane & Son prior to the commencement of the sale.
(b) In the event of any reserve price not being reached at auction, W.H. Lane & Son are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on W.H. Lane & Son's premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will not apply.
15. Indemnity. The Vendor shall duly indemnify W.H. Lane & Son against any claims in connection with any goods sold by W.H. Lane & Son on the vendor's behalf.
16. Value Added Tax. A vendor who sends for sale by auction any chattel(s) which is an asset of business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
BUYERS CONDITIONS
17. Inspection. Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired.
18. Property and Risk. The property in a lot shall not pass to the buyer until he has paid the purchase price in full but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to W.H. Lane & Son such proportion of the purchase price as the Auctioneer may require. If the purchaser fails to do so, the lot may at the Auctioneer's sole discretion be put up again and re-sold.
19. Removal of Goods.
(a) No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the Buyer's risk and expense by the end of the second working day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of 50p per lot per day. If they are not paid for and removed within seven days of the Sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot.
(b) If any buyer fails to comply with any of the above conditions the damages recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the Auctioneer against the defaulter's liability and may be appropriated in settlement of that liability.
BIDS
We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Commissions Department at least half an hour before the sale commences, and should be entered on the forms provided. Bids left by telephone will be
accepted only on the condition that they are at the sender's risk, and must in any case be confirmed in writing.
EXPORT LICENCES
A specific Export Licence is required before some items can be exported from the U.K. Full details on request
NOTICE AND SPECIAL CONDITIONS OF SALE
Care is taken to ensure that any statement as to grading, authorship, attribution, origin, date, age, provenance and condition is reliable and accurate, but all such statements are statements of opinion and are not to be taken as statement or representations of fact. The Auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority reasonably considered by them to be reliable.
Descriptions of manuscripts should not be taken as implying or guaranteeing that the manuscript is complete unless this is specifically stated. Unless described in the catalogue as "sold with all faults" printed books which prove upon collation to be defective in text or illustration (provided such defects are not mentioned in the sale catalogue) may be returned as above.
Books may not be returned nor will their sale be set aside on account of damage to binding, stains, foxing, marginal worm holes, lack of blank leaves or other conditions not affecting the completeness of text or illustration, NOR on account of any lack of list of plates, inserted advertisements, cancels or any subsequently published volume, supplement, appendix or plates, NOR (provided the book be perfect) on account of an error in the enumeration of the plates, NOR for the possible misattribution of authorship where the authorities are in disagreement. Books unnamed in lots may not be returned for any reason, NOR in respect of lots sold for less than £50, NOR in respect of items sold with all faults.
The Auctioneers for themselves and for the seller of each lot given notice to intending buyers that certain items used in descriptions of lots contained in the Auctioneer's catalogues have the meanings ascribed to them in the Glossary below.
GLOSSARY
a.f or w.a.f Indicates "all faults" or " as found". Such articles were in some way damaged or imperfect at the
time of cataloguing .
NOTE: Although an article may NOT BE SO MARKED no warranty is given or intended that the article is NOT DAMAGED or imperfect and purchasers must make their own inspection in accordance with the Conditions over.
PICTURES
The full First Name(s) and the
Surname of the Artist In our opinion a work by the artist
The Initials of the First Name(s) with
asterisks and the Surname of the Artist In our opinion a work by the artist when the first names are unknown
The Initials of the First Name(s) In our opinion a work of the period of the Artist which may be wholly or in
and the Surname of the Artist part his work.
The Surname only of the Artist In our opinion a work of the School or by one of the followers of the Artist
or in his style.
The word "after" associated with the
Surname of the Artist In our opinion a copy of the work of the Artist.
"Signed" "Signed" Has a signature which in our opinion is the signature of the Artist.
"Bears Signature" or "Traces of Signature" Has a signature which in our opinion may be the signature of the Artist.
"Dated" Is so dated and in our opinion was executed at that date.
"Bears date" or "Inscribed" (with date) Is so dated and in our opinion may have been executed at about that date.
f. and g. Framed and glazed.
THE ARTIST'S RESALE RIGHT (ARR, commonly referred to as "droit de suite" by auction houses and dealers) was implemented in the UK from 14 February 2006 by Statutory Instrument 2006 No. 346.2 The Directive provides an artist with a right to receive a royalty based on the price obtained for any resale of an original work of art, in the secondary market subsequent to the first transfer by the artist. The Directive defines an original work of art as "works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs". It therefore excludes what is sometimes termed the "decorative arts", such as furniture and jewellery. The right does not apply to re-sales between individuals acting in their private capacity, without the participation of an art market professional; or to re-sales by persons acting in their private capacity to museums which are not for profit and are open to the public.
• The ARR apples to works sold in the secondary market by qualifying living artists or artists who have been dead for less than 70years
• • Payments are to be gathered and distributed through a collecting society.
• • Single payments cannot exceed €12,500.
• • No commissions are payable on sales beneath €1,000.
• • Royalties are set at the following rates:
a) 4% for the portion of the sale price up to €50,000;
b) 3% for the portion of the sale price from €50,000,01 to €200,000;
c) 1% for the portion of the sale price from €200,000,01 to €350,000;
d) 0.5% for the portion of the sale price from exceeding €350,000 to €500,000;
e) 0.25% for the portion of the sale price exceeding € 500,000.
