Condition of sales
CONDITIONS OF SALE
These Conditions of Sale set out the terms governing the legal relationship of Centurion and the seller with the buyer. You should read them carefully prior bidding.
?A Before the Sale
?1 Centurion as Agent Except as otherwise stated, Centurion acts as agent for the seller. The contract for the sale of the consigned property is therefor made between the seller and the buyer.
?2 Catalogue and Descriptions Lots are sold as described and otherwise in the condition they were in the time of viewing till they are sold at auction, following these terms.
[I] Condition The nature of the lots sold in our auctions are most likely never to be in perfect condition, and are likely, due to their nature and age, to have evident signs of tear and wear, damage/breakages, other imperfections and restoration and repairs. Any reference of condition report of any particular item included in the catalogue will not add up to a full description of condition. While describing lots, we carefully assess and establish the condition in an appropriate manner to the estimated value of the item. Any statement as to the condition conclusion of any lot, in the catalogue, condition report or otherwise, is given honestly, with care and much consideration. However, Centurion staff are not professional restorers nor conservators and to that extend any such given statement will not be exhaustive. We therefor recommend that you personally inspect the property and if in any doubt, particularly in the case that the lot in question is of significant value, you refer to your trusted restorer, professional advisor or expert prior to bidding.
[II] Attributions Any statement made by Centurion to any lot, weather in writing or orally, concerning attribution/ reference to, as example, an artist, school, or country of origin, history or provenance, or any particular date or period, are simply expressions of our opinion or belief. Our opinion and belief have been built up from personal inspections, historical studies and research. It must be take in consideration, however, that we are unable to do extensive research on the same level undertaken by professional historians and scholars. More ever, as research develops and scholarship and expertise evolve, opinions on these matter my change. As suggested in the section 'I' you should always seek advice from your own professional advisers.
[III] Estimates Estimates are based on the condition, rarity, quality and provenance of the lots and on prices recently paid for in auction for similar property. Estimates vary. Neither you, nor anyone else, for that matter, can rely on any estimate as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. More ever, Estimates do not include any buyer's fees or any applicable taxes.
[IV] Withdrawal Centurion may, at its disposal, withdraw any lot at any instance prior to or during the sale of any lot. Centurion has no liability to you for any decision made, for whatever reason, to withdraw.
?B At the Sale
[I] Refusal of Admission Centurion has the right, at our complete discretion, to refuse admission to the premises or participation in any conducted auction and to reject any bid.
[II] Registration before bidding Prospective buyers who wish to bid in any of our auctions can come at the saleroom on the actual day of the sale approximately 30 minutes before the start of the sale to register in person for a paddle number. Prospective buyers must have a valid identity card to fill out the 'register for auction' form. We may require bank account information details from which payment will be made or any kind of other financial reference.
[III] Bidding as principal When placing a bid, the bidder is accepting personal liability to pay the purchase price, including the buyer's fees and all applicable taxes. Unless it has been explicitly agreed in writing with Centurion before the commencement of the sale that the bidder is acting as an agent on behalf of an identified 3rd party acceptable and well known with Centurion, and Centurion will only look for the principal for payment.
[IV] Absentee bids We will use reasonable efforts to carry out written bids left with us prior to the sale in benefit to clients who could not be present in the auction in person, by an agent or by telephone. Bids must be placed in Euro [€] currency only .Please refer to the last page of the catalogue for the Absentee Bid Form. If we receive written bids on a particular lot for an identical amounts, and at the auction no one outbids that amount, it will be sold to the person whose written bid was received first.
[V] Telephone bids If a prospective buyer makes arrangements with us prior to the start of the auction, we will take extra care in contacting them and enable them to participate in the bidding by telephone. However, we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding arising from circumstances beyond our reasonable control.
[VI] Reserve Unless otherwise indicated in the catalogue, all the lots are offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. If any lots are not subject to a reserve, they will be identified with the symbol • next to the lot number. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
[VII] Auctioneer's discretion The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he may decide, withdrawing or dividing any lot, combining any two or more lots and, in the case of error or dispute, and weather during or after the sale, determining the successful bidder, continuing the bidding, cancelling the sale or reoffering and reselling the item in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive.
[VII] Successful bid and passing of risk Subject to the auctioneers reasonable discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract between the seller and the buyer. Risk and responsibility of the lot passes to the buyer at the expiration of seven calendar days from the date of the sale or on collection by the buyer if earlier.
?C After the Sale
[I] Buyer's fees In addition to the hammer price, the buyer agrees to pay to us the buyer's fees together with any applicable value added tax. The buyer's fee is 15% of the final bid price of each lot. VAT is calculated at 18% on the buyer's 15% fee.
[II] Payment and ownership The buyer must pay the full amount due ( comprising the hammer price, buyer's fee and any applicable taxes) within 5 working days after the last day of the sale, unless agreed otherwise. This applies even if the buyer wishes to export the lot an export licence is, or may be, required. The buyer will not acquire title to the lot until all amounts due to us from the buyer have been received by us in good cleared funds even in circumstances where we have released the lot to the buyer.
[III] Collection of purchases We shal be entitled to retain items sold until all amounts due to us have been received in good cleared funds or until the buyer has preformed any other outstanding obligations as we, at our sole discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism laundering financing checks we may require to our satisfaction. In the event a buyer fails to complete any anti-money laundering or antiterrorism laundering checks to our satisfaction, Centurion shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law. Subject to this, the buyer shall collect purchased lots within 5 calendar days from the end of the sale unless otherwise agreed between us and the buyer.
[III] Packing and shipping Although we will use reasonable efforts to take care when handling, packing and shipping a purchased lot and in selecting third parties for these purposes, we are not responsible for the acts or omissions of any such third parties. Similarly, where we suggest other handlers, packers or carriers if so requested, our suggestions are made on the basis of our general experience of such parties in the past and we are not responsible to any person to whom we have made a recommendation for the acts or omissions of the third party concerned.
