Terms & Conditions
Third Party Liability.
Every person on Anderson & Garland Ltd’s premises at anytime shall be deemed to be there at his/her own risk. He shall have no claim against Anderson & Garland Ltd. in respect of any accident which may occur or injury, damage or loss how so ever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Anderson & Garland Ltd’s employees.
GENERAL CONDITIONS OF SALE
In these Conditions Anderson& Garland Ltd. who act only as auctioneers and agents for the vendor, are called “The Auctioneers’’, and the representative of Anderson & Garland Ltd. conducting the auction is called “The Auctioneer’’.
Whilst Anderson & Garland Ltd. 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) Anderson & Garland Ltd. 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 vendors to certify, and in such case the Auctioneers do so as agents of 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 Anderson& Garland Ltd., unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(e) Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of the sale.
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 except in the case of a dispute. 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. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
(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.
Not withstanding any other terms of these conditions, if within seven days after the sale Anderson & Garland Ltd. have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within fourteen days after such notification the buyer returns the same to Anderson & Garland Ltd. in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Anderson & Garland Ltd. That considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the buyer and the vendor agree to be bound by the decision.
Anderson & Garland Ltd. disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor 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.
In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.
Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as 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 or restored.
7a. Photography Information.
Whilst every care is taken to photograph lots accurately, it is only possible to give approximate representations in our catalogues, on our website and elsewhere. Images are for general guidance only, and colours in particular will vary – especially when viewed on a screen. Bidders are directed to item 7 of our General Conditions of Sale and are advised to attend our viewing days. We cannot accept returns on the basis of inaccuracies caused by the limitations of photographic reproduction.
8. Property and Risk.
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall been titled to a lien on any lot sold until the purchase price (as defined in 11 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Anderson & Garland Ltd. such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Anderson & Garland Ltd. that he acts as agent on behalf of a named principal.
10. Removal of Goods.
(a) No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases 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 £1 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 the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
(b) Goods will only be released to the successful bidder who can produce proof of identification. In the case of third party/courier collection we will require written instructions from the buyer who must have already paid by bank transfer, cash or card payment in person. Any buyer paying by cheque must wait seven days for funds to clear. We are unable to accept any card holder not present transactions i.e. telephone payments or card details via email - should you wish to pay with a card please use the facility on our website or call into the auction house in person.
(c) In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Barclays Bank PLC Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder’s own cheque. Cheques drawn by third parties, whether in the Auctioneer’s favour or requiring endorsement, cannot be accepted.
11. Purchase Price.
The purchaser shall pay the hammer price together with a premium of 20% of the hammer price(adjusted for VAT as necessary). The premium at the appropriate rate is payable by all purchasers. The amount invoiced will be premium plus VAT (where VAT is chargeable) but this VAT will not normally be recoverable by the buyer. All payments made by credit card will incur a 2% (plus VAT) surcharge on the total invoice value. This will be applied at the point of payment and an updated invoice will be issued to the buyer along with the payment receipt. The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer’s right to retain the premium payable by the purchaser.
IMPORTANT NOTES FOR BUYERS
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 LICENSING REGULATIONS FOR WORKS OF ART, ANTIQUES, COLLECTORS’ ITEMS AND FIREARMS
In general, an export licence is required for the export of any item manufactured or produced more than 50 years (60 years in the case of photographic positives and negatives) before the date of exportation which falls within any of the following categories:
(a) its value exceeds £20,000* or, in the case of photographs and photograph albums exceed £500*; or
(b) British historical portraits having a value of £5,000* or more; or
(c) documents, manuscripts or archives(other than printed books) including architectural, scientific or engineering drawings to scale produced by hand of any value; or
(d) archaeological items.(*inclusive of the buyer’s premium and VAT)
Archaeological items include any item which has been recovered at any time from the soil of the United Kingdom or from the bed of any lake, river, stream or other area of water therein or from the bed of the sea within the territorial waters of the United Kingdom (other than coins or articles recovered only after burial or concealment at a date less than 50 years before the date of exportation).
An export licence is required for all types of firearm, rifles, pistols, shotguns and firearms of all types not more than 100years old irrespective of value. However, firearms over 100 years old may still require a certificate for possession in the U.K.
IMPORTANT NOTICE - Droit de Suite Royalty Charges
From 1st January 2012 all UK art market professionals (which includes, but is not limited to: auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by living artists and works by artists who have died within the last 70 years (following the existing term of copyright). This is an extension of the previous legislation. Please note that payment of a royalty is not required in every case and will only be collected when the hammer price equals or exceeds the UK sterling equivalent of 1,000euros.The threshold level is for estimation purposes only, it is entirely the responsibility of the buyer to acquaint himself with the actual EURO to UK Sterling exchange rate on the day of the sale in this regard, and the auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated. The actual qualifying threshold will be calculated by the Artist's Resale Right Service Hub based on the European Central Bank reference rate published at 2.15pm on the day of the sale, and can be found on www.dacs.org.uk. All items in this catalogue that are marked with ‘ä’ are potentially qualifying items, and the royalty charge will be applied if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000. The royalty charge will be added to all relevant invoices, and must be paid before items can be cleared. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’),no handling costs or additional fees with respect to these charges will be retained by the auctioneer. The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of EURO 50,000 is 4%. For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges will apply - for a complete list of the royalty charges and threshold levels, please seewww.dacs.org.uk. There is no VAT payable on this royalty charge. For all questions relating the regulations regarding Droit de Suite royalty charges, please see www.dacs.org.uk, telephone+44 (0) 845 410 3410, or firstname.lastname@example.org.
LIVE AUCTION CREDIT CARD USERS
In completing the bidder registration onwww.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Anderson & Garland Ltd. you
(i) authorise Anderson & Garland 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 thesaleroom.com, and
(ii) confirm that you are authorised to provide these credit card details to Anderson & Garland Ltd. through www.the-saleroom.com and agree that Anderson & Garland Ltd. are entitled to ship the goods to the credit cardholder name and card holder address provided in fulfilment of the sale.