Conditions of Sale
INFORMATION FOR BUYERS
1. Introduction. The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted according to our printed Conditions of Sale which are readily available for inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do not fully understand.
2. Agency. As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
3. Estimates. Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price or may be above the reserve price. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
4. Buyer's Premium. The Conditions of Sale oblige buyers to pay a buyer's premium of 20% on the hammer price of each lot purchased. In addition VAT is payable on this premium at the standard rate, presently 20%.
5. VAT. The addition of (*) or (VAT applied on hammer price) to the lot description indicates that VAT is payable by the purchaser at the standard rate, presently 20%, on the hammer price as well as being payable on the buyer's premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK.
Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers' Margin Scheme and it should be noted that the VAT included within the premium is not recoverable as input tax.
6. Artist's Resale Rights/Droit de Suite. Lots as indicated in the catalogue and if sold for the equivalent of 1000 euros or more on the day of the auction will be subject to a further percentage of the hammer price as follows:
From 0 to 50,000 euros subject to 4%
From 50,001 to 200,000 euros subject to 3%
From 200,001 to 350,000 euros subject to 1%
From 350,001 to 500,000 euros subject to 0.5%
Exceeding 500,000 euros subject to 0.25%
The Artist's Resale Right payable will be the aggregate of the amounts payable under the above rate bands, subject to maximum royalty payable of 12,500 euros for any single work each time it is sold. Calculations of the artist's resale right will be based on the pound sterling/Euro reference exchange rate quoted on the date of sale by the European Central Bank.
7. Agents. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. Additionally, in specified circumstances lots mis-described because they are 'deliberate forgeries' may be returned and repayment made. There is a three week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
8. Electrical goods. These are sold as 'antiques' or 'decorative' items only and if bought for use must first be checked for compliance with safety regulations by a qualified electrician.
9. Coloured gems. It is common practice for gemstones to be treated in order to enhance colour and clarity. Unless stated buyers should presume coloured stones may well have been exposed to some sort of treatment.
10. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory.
11. Bidding. Bidders are required to register with us before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
12. Commission bidding. Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding the buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for leaving commission bids by telephone, email or fax. Please ensure bids are left at least one hour prior to the start of the auction.
13. Online bidding. An online bidding service is offered. In completing the bidder registration on these sites the buyer is agreeing to Roseberys conditions of sale. In the case where a debit or credit card has been used to register the buyer also agrees to authorise Roseberys, if they so wish, to charge the debit or credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the online bidding platforms. Please note that any lots purchased via online live auction services will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price
14. Methods of Payment. Payment can be made by cash, debit and credit cards or bank transfer. Credit cards and non-UK personal debit or business debit cards are subject to a 2% surcharge. For international bank transfers an administration fee of £25 is payable. Any cheques tendered will need to allow 10 days to be cleared before removal of lots purchased is permitted. Please note that regulation of money laundering means we are limited to receiving the equivalent of 15,000 euros in cash payment.
15. Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay will involve the buyer in paying storage charges. All furniture and rug lots must be collected within three working days following the auction. All other lots must be collected within five working days following auction. Storage charges of £2 per lot per day + VAT will be strictly enforced thereafter.
TERMS OF CONSIGNMENT FOR SELLERS
1. Interpretation. In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. Similarly the words 'we', 'us', etc. refer to the Auctioneers.
2. Commission. Is charged to sellers at the rate of 15% on each lot plus VAT.
3. Removal Costs. Items for sale must be consigned to the sale room by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
4. Loss and Damage of Goods
(a) Roseberys is not authorised by the FSA to provide insurance to its clients, and does not so do. However Roseberys, for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until title passes to the buyer. To justify accepting liability, Roseberys makes a charge of 1.75% of the hammer price plus VAT. The liability assumed by Roseberys shall be limited to the lower pre-sale estimate or to the reserve if the lot was unsold. Settlement in any claim arising shall be subject to commission as if the lot had sold in the normal manner.
(b) If the owner of goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owner's risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 4(a) is inapplicable.
(c) Roseberys will not be liable for the loss or damage to frames or glass covering prints, paintings or other works. Old frames are often fragile or subject to deterioration and whilst Roseberys will do their upmost to ensure the safety and care of frames and glass we will not compensate for loss or damage to property caused by changes in humidity or temperature, normal wear and tear, gradual deterioration, inherent defect or errors in processing.
5. Illustrations. The cost of any illustrations is borne by you. All lots are illustrated on our website and on a number of selected third party sites, a charge of £10 per lot is applicable. Lots may also be illustrated in a catalogue and thus a charge of £20 per catalogue illustration is also applicable. The copyright in respect of such illustrations shall be the property of the auctioneers, as is the text of the catalogue.
6. Minimum Bids and our Discretion. Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 7. We may sell Lots below the reserve provided we account to you for the same sale proceeds that you would have received had the reserve been the hammer price. If you specifically give us a "discretion" we may accept a bid of up to 15% below the low estimate and "wide discretion" allows to use accept a bid of up to 30% below the low estimate.
7. Reserves.
(a) Prior to the auction you are entitled to place a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. If we are unable to offer goods they may be subject to storage charges if uncollected.
(b) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
8. Electrical Items. These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
9. Soft Furnishings. The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense.
The rights of disposal referred to in clause 8 and 9 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request
10. Descriptions. Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery or where we are or ought to have been aware of it.
11. Unsold Items. If an item is unsold it will be automatically re-offered at a future sale with a reduced estimate of 40% and offered without reserve if the revised estimate is £200 or below. To avoid an item from being re-offered under these terms the item must be collected or a written request provided by the seller to Roseberys. Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed. Otherwise, storage charges may be incurred. If a request has been made to not re-enter a lot or Roseberys request it to be collected we will store the item/s for five days with no charges, after this a storage charge will be applicable at a daily rate of £2 per item per day plus VAT for items that remain uncollected.
12. Withdrawn Items.
(a) If an item is withdrawn prior to the publication of the catalogue a minimum charge of £20 + VAT per lot is applicable. This fee covers administration, handling, storage and insurance of the lot whilst in our care.
(b) If an item is withdrawn after the publication of the catalogue the lot will incur charges comprising the sum of the vendor's commission, the illustration cost, the loss and damage warranty, the buyer's premium, the marketing fees and other expenses in relation to the item. VAT is applicable on all charges. These commission and premium charges will be calculated upon Roseberys published mid estimate.
(c) In the cases of 12 (a) and (b) Roseberys will store the withdrawn item for a period of five days with no charge, after this a storage charge will be applicable at a daily rate of £2 per item per day plus VAT for items that remain uncollected.
13. Conditions of Sale. You agree that all goods will be sold according to our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
14. Authority to Deduct Commission and Expenses and Retain Premium and Interest.
(a) You authorise us to deduct commission from the hammer price at the stated rate plus all applicable expenses incurred on your account and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
(b) You authorise us at our discretion to negotiate a sale by private treaty not later than five working days from the date of the auction in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
15. Warehousing. We disclaim all liability for goods delivered to our saleroom without sufficient written sale instructions, client contact details or without our prior written agreement to take delivery and reserve the right to either refuse to receive such goods or to make a minimum warehousing charge of £2 per item per day. Unsold lots are subject to the same charges if you do not remove them within a reasonable time of notification. If not removed within twenty one days we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
16. Settlement. Settlement of the net sum due to you normally takes place 28 days after the sale (by crossed cheque to the seller) unless the buyer has not paid for the goods. In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 10 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 28 days from the date of sale.
CONDITIONS OF SALE
Rosebery Fine Art Ltd carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
1. Definitions
In these Conditions:
(a) "auctioneer" means the firm of Rosebery Fine Art Ltd or its authorised auctioneer, as appropriate;
(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which Rosebery Fine Art Ltd accepts instructions from sellers or their agents;
(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Bidding Procedures and Conduct of the Auction
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid. Any bidder who refuses to provide the requested identification may be refused permission to bid.
(b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if they believes there may be error or dispute, and take such action as they reasonably thinks fit.
(c) Subject to condition 2(b) the contract between the buyer and seller is concluded on the striking of the auctioneers hammer whereupon the buyer becomes liable to pay the purchase price.
(d) Any post auction sales of lots offered at auction shall incorporate these conditions as if sold in the auction.
(e) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
3. Increments. Bidding increments shall be at the auctioneer's sole discretion.
4. The Purchase Price. The buyer shall pay the hammer price together with a premium thereon of 20%. The premium is subject to VAT at the standard rate.
5. Value Added Tax. Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to "Information for Buyers" for a brief explanation of the VAT position).
6. Payment
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash, debit, credit card or bank transfer or in such other way as is agreed by us.
(2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
7. Title and Collection of Purchases. The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(a) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction in the case of furniture and rugs or 5 working days following the day of the auction in the case of all other items. Cheques are required to be cleared by our bank before collection of goods in which case storage charges may apply.
(b) No purchase can be claimed or removed until it has been paid for and payment has cleared.
(c) Invoices will not be split or title transferred to another person(s). Invoices must be paid in full before any lots can be removed.
(d) Purchased lots must be collected within the allocated time as stated in the Information for Buyers section 13, storage charges are applicable thereafter. Purchased lots are at the Buyer's risk (and therefore their sole responsibility for insurance) from the earliest of the collection or the twenty first calendar day after the auction. Until risk passes Roseberys will compensate the buyer for any loss or damage to the lot up to a maximum of the purchase price paid.
8. Remedies for Non-Payment or Failure to Collect Purchases.
(1) If any Lot is not paid for in full and taken away in accordance with these
Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
(c) to resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these rights
and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions
9. Third Party Liability. All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
10. Commission and Telephone Bids. Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf.
(a) Lots will be purchased by the Auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute commission bids, or where a bidding slip has been completed incorrectly. We urge commission bidders, therefore, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.
(b) Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
(c) Telephone Bids. Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auctioneers. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.
11. Warranty of Title and Availability. The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
No representation or warranties are made by Roseberys or the seller as to whether any lots is subject to copyright or whether they buyer acquires copyright in any lot.
12. Agency. The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. Terms of Sale. The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
14. Description and Conditions
(a) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. 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 of a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 "information to buyers".
(b) Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Rosebery Fine Art Ltd are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given lot prior to bidding. Roseberys will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
(c) Where the term (a/f) is used this refers to a lot being 'as found', it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and Roseberys are not liable for the omission of this term.
(d) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
15. Forgeries. Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. Roseberys may require the buyer to obtain at the buyer's cost the reports of two independent and recognised experts in the field, mutually acceptable to Roseberys and the buyer. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) if you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
General.
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17. Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:
(a) sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or low estimate;
(b) hold that specific individual liable for the cost of restoration where appropriate;
(c) hold that specific individual liable for the full amount of the reserve price or lower estimate as applicable.
18. (a) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
19. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email if provided in which case it shall be deemed to have been received by the addressee 48 hours after posting.
20. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
21. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
22. English law applies to the interpretation of these Conditions.
These terms and conditions are based upon recommended conditions of sale by SOFAA (the Society of Fine Art Auctioneers) and RICS (the Royal Institute of Chartered Surveyors)
