Conditions of Sale:
Definitions
In these conditions, Dickins Auctioneers Ltd - who act as auctioneers and agents for the vendor - are called 'The Auctioneers' and the representative of Dickins Auctioneers Ltd conducting the Auction is called 'The Auctioneer'.
General
Whilst Dickins 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) Dickins 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 Dickins Auctioneers Ltd, unless they have been instructed in writing by the vendor so to certify, and in such cases Dickins Auctioneers Ltd do so as agents of the vendor and are themselves not responsible for such claims.
d) Any claim under any Statute must be received in writing by the auctioneer within ten days of the sale.
The Auction
I. 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.
II. 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
III. 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)
IV. 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.
V.
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 as to all sale terms and conditions and physical condition and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
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
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.
Lots purchased online will attract an additional charge for this service( see your online bidder provider site for more information)
In completing the bidder registration on www.the-saleroom.com and Invaluable / Artfact / AuctionZip Live and providing your credit card details and unless alternative arrangements are agreed with Dickins Auctioneers Ltd. you (i) authorise Dickins 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 Dickins Auctioneers Ltd. through www.the-saleroom.com and agree that Dickins 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
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. 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
Third Party Liability
Every person on Dickins Auctioneers ltd premises at any time shall be deemed to be there at his/her own risk. He/she shall have no claim against Dickins 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 Dickins Auctioneers Ltd. employees.
Information for Buyers:
Buyers Premium & Payment
19.5 % + VAT, up to £30,000.00 From £30,001 £15% + VAT. Minimum Buyers' Premium £1 +VAT payment by cash, cheque, credit/debit cards (up to card limit) or by prior arrangement for larger amounts.
Lots purchased online with Live Auctioneers , Invaluable / Artfact/ AuctionZip will attract an additional charge for this service in the sum of 5% of the hammer price plus VAT at the rate imposed
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 £500 per transaction, unless prior arrangement has been made with the auctioneers office or the goods will be collected in person by the cardholder.
Droite de Suite
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. 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
VAT
Value Added Tax (VAT) at the current rate is payable on the buyers premium in all cases. Please see conditions for information whereby VAT is also payable on the hammer price.
Condition Reports
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 Dickins Auctioneers Ltd. unless they have been instructed in writing by the seller to so certify.
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 purchaser.
Registration
It is essential that all attending buyers obtain a purchaser number by registering at the clerk's desk. Where possible, please register to bid prior to the sale commencing.
Bidding
Please make your bids clear to the auctioneer and if successful ensure that your purchaser number can be seen and that it is called out by the auctioneer. If there is any doubt about either the price or the buyer, this should be brought to the auctioneer's attention immediately. The speed of each sale varies but for guidance these run at approximately 120 lots per hour, General auction may run at approx. 200 lots per hour
Bidding By Proxy
Should you be unable to attend the sale, we will be pleased to make commission bids on your behalf or take bids over the telephone.
Lots purchased online with Live Auctioneers, Invaluable / Artfact / AuctionZip Live and ATG media will attract an additional charge for this service in the sum of 5% of the hammer price plus VAT at the rate imposed
Payment
Payment for lots purchased must be received in full within 48 hours of the sale. Items cannot be removed from the premises until payment has been cleared
Clearance
Dickins Auctioneers Ltd ask that items be removed promptly from the premises following the sale. If this is not possible please contact the auctioneers office as limited storage is available at the purchasers risk. Please note if storage arrangements are not made with the auctioneers office Dickins Auctioneers Ltd reserve the right to levy a handling charge of £10 if items are not removed from the premises by 12 noon on the Wednesday following the sale and thereafter will be charged £2 per lot, per day. Should the items still remain after 14 days, the items will be re offered in the next available auction in order to recover costs.
Postage & Delivery
Dickins Auctioneers Ltd will be happy to pack and post small purchases at the buyers expense or alternatively recommend specialist shippers.
Collection by a third party
If a third party is to collect goods on behalf of a buyer, formal written authority and identification will be required before the goods can be released.
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
Buyers Premium
Whyte & Sons Auctioneers Limited, trading as Whyte's, hereinafter called "the auctioneer" exercises all reasonable care to ensure that all descriptions are reliable and accurate, and that each item is genuine unless the contrary is indicated. However, the descriptions are not intended to be, are not and are not to be taken to be, statements of fact or representations of fact in relation to the lot. They are statements of the opinion of the auctioneers, and attention is particularly drawn to clause 5 in our full Terms & Conditions. Comments and opinions, which may be found in or on lots as labels, notes, lists, catalogue prices, or any other means of expression, do not constitute part of lot descriptions and are not to be taken as such unless they are made or specifically verified by the auctioneers.
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 £500 per transaction, unless prior arrangement has been made with the auctioneers office or the goods will be collected in person by the cardholder.
