Terms and Conditions
IMPORTANT NOTES FOR BUYERS THIS IS A PUBLIC AUCTION. 1. COLLECTION OF GOODS IS BY APPOINTMENT. ALL GOODS SHOULD BE REMOVED BY 5.00pm ON THE DAY FOLLOWING SALE OR BY ARRANGEMENT. The Auctioneers are not at the saleroom on a 9 - 5 basis. Any goods not collected by the appointed time may be taken into professional storage and buyers will be responsible for any removal and storage charges. A carrier will be in attendance after the sale and deliveries can be arranged through the cashier’s office. Maxwells will endeavour to send items by post if requested and if deemed appropriate (see our Shipping Policy), and all costs including packing materials, insurance, labour and postage will be paid by the purchaser. 2. NO SALE IS CONFIRMED TO AN ONLINE BIDDER UNTIL AN INVOICE FROM MAXWELLS HAS BEEN ISSUED. BUYERS PREMIUM IN ADDITION TO HAMMER PRICE IS 20% inclusive of VAT and is payable by all purchasers. Purchase price is the hammer price plus buyers premium. 3. AUCTIONEERS MARGIN SCHEME allows Auctioneers to sell items without VAT on the hammer price. Under this scheme an amount equivalent to VAT at the current rate is included in the total buyers premium. This amount cannot be refunded nor will be shown separately on the invoice. 4. METHOD OF PAYMENT: Bank Transfer to John Maxwell of Wilmslow Limited Clients Account: sort code 050933, account number 42918888 IBAN GB76YORK05093342918888 or Debit Card (PLEASE BE AWARE THAT TO COMPLY WITH CURRENT LEGISLATION, ANYONE INTENDING TO BID FOR ONE OR SEVERAL LOTS TO A TOTAL OF £8500 (TEN THOUSAND EUROS) MUST PROVIDE PHOTO ID TO THE AUCTIONEERS OR TO THE BIDDING PLATFORM BEFORE BIDDING. PROOF OF ADDRESS WILL ALSO BE REQUIRED) 5. COMMISSION BIDS. We will be pleased to execute bids on behalf of intending buyers providing that they have viewed the lot(s) in question, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be with the Commission Clerk at least half an hour before the sale commences and should be entered on the forms provided. Bids left by telephone will only be accepted on the condition that they are the caller’s risk, and in any case must be confirmed in writing. There must be a maximum limit and ‘Buy’ or unlimited bids cannot be accepted. 6. INTERNET BIDDING: Maxwells offer an online bidding service via easyliveAuction.com for bidders who cannot attend the sale. In completing the bidder registration on easyliveAuction.com and providing your debit/credit card details, unless alternative arrangements are agreed with Maxwells, you: - (a) Intending bidders must have satisfied themselves as to condition of the lot prior to the sale. (b) Bidding via the internet is entirely at the risk of the bidder and The Auctioneers can take no responsibility if internet connections fail. (c) Bidding increments shall be at The Auctioneers sole discretion. Please note that any lots purchased via easyliveAuction.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price if FLAT FEE is not selected during registration. 7. TELEPHONE BIDDING IS STRICTLY LIMITED and is available during an Antiques and Collectors’ Items sale where a lot is expected to realise in excess of £500 or at the auctioneer’s discretion. Any requests for telephone bidding must be registered by the close of Tuesday evening viewing and are on a ‘first come first served’ basis. It may not be possible to accept such requests on sale days. Written confirmation of such requests must be received before the commencement of the sale. Whilst every effort will be made to execute telephone bids, The Auctioneers may be unable to contact the intending buyer at the desired time and such requests are therefore entirely at the bidders’ risk. 8. CONDITION OF LOTS – NO ITEM IN THIS SALE IS SOLD AS NEW. DAMAGED AND RESTORED LOTS. Intending purchasers are in all cases responsible for determining the physical condition of lots and in this regard are referred to clause 16 of the Standard Terms and Conditions of Sale. It is not intended that any statement as to the condition of a lot should be definitive and The Auctioneers do not guarantee that there are no defects, imperfections or restorations present which have not been referred to specifically. (a.f.) in the catalogue denotes “all faults”. 9. CONDITION REPORTS. To assist intending buyers who are unable to view the sale, The Auctioneers will telephone a condition report where possible. This is for guidance only without legal obligation or prejudice to our Standard Conditions of Sale. 10. GLOSSARY OF TERMS. (a) The forename(s) and surname of the artist – in our opinion a work by the artist (b) The initials of the forename(s) and the surname of the artist – in our opinion a work of the period of the artist which may be wholly or in part his work (c) The surname only of the artist – in our opinion a work of the school of or by one of the followers or in his style and uncertain date (d) ‘Italian School’, ‘Spanish School’ etc without date – in our opinion a work executed at a later date than the style might suggest (e) ‘Signed’ - has a signature which in our opinion is a recognised signature of the artist (f) ‘Dated’ – is so dated and in our opinion was executed at that date. (g) Artist’s Re-sale Right Regulations 14 /2 / 2006 (Droit de Suite) An amount equivalent to re-sale royalty will be collected from the buyer of any lot in the sale covered by this regulation. The rate is a percentage of the hammer price, on a sliding scale from 4% (1,000 – 50,000 euros) to 0.25% (500,000+ euros) 11. A specific licence is required before export from the UK of items costing above the current official limits and are at least 50 years old, and also for certain other categories. The obtaining of any export licence is the responsibility of the buyer. NOTICE THIRD PARTY LIABILITY. Every person on Maxwells premises at any time shall be deemed to be there at his or her own risk. He shall have no claim against Maxwells in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Maxwells’ employees. STANDARD TERMS AND CONDITIONS OF SALE. All bids shall be treated as offers made upon the following conditions of sale: 1. DEFINITIONS. In these conditions Maxwells who act only as auctioneers and agents for the vendor, are called “The Auctioneers” and the representative of Maxwells conducting the auction is called “The Auctioneer”. . 2. GENERAL. Whilst The Auctioneers 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) The Auctioneers 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 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. (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 The Auctioneers, unless they have been instructed in writing by the vendors so to certify and, in such case, The Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. (d) Any claim under any statute must be received by Maxwells in writing within ten days of the day of 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 Auctioneers 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. (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. RECISSION. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale The Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery, and within twenty one days of such notification the buyer returns the same to The Auctioneers in the same condition as at the time of sale and by producing evidence , the burden of proof to be upon the buyer, satisfies The Auctioneers that, considering 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 be 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 Institute of Chartered Surveyors. Both the buyer and the vendor agree to be bound by this decision. 5. DEFAULT. The Auctioneers disclaim any 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. 6. PRIVATE TREATY. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the Standard terms and Conditions of Sale or any Special Conditions of Sale. VENDORS CONDITIONS. 7. INSTRUCTIONS. As Maxwells are auctioneers, all goods delivered to Maxwells’ premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at The Auctioneers discretion and accepted by The Auctioneers subject to all sale conditions. By delivering goods to The Auctioneers for inclusion in their auction sales, each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions. 8. COLLECTIONS. The Auctioneers do not themselves usually undertake the collection of goods but will, if required in writing, instruct a contractor on the vendor’s behalf in their capacity as agents. The Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractors who should be insured for such risks. Unless instructions are received to the contrary, the charge for these services will be deducted from the proceeds of sale. 9. LOSS OR DAMAGE. The Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of the employees. 10. STORAGE. The Auctioneers reserve the right to store or arrange 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 salesroom without sufficient sale instructions. 11. 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 a request, The Auctioneers reserve the right to sell the goods to defray any costs and storage charges 12. RESERVES. All goods are put up for sale WITHOUT RESERVE at The Auctioneer’s discretion unless written notice as to reserves are received by The Auctioneers 48 hours prior to the commencement of the sale. In the event of any reserve price not being reached at auction, The Auctioneers are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on The Auctioneers premises. In the event of such sale by private treaty, the Conditions of Sale applicable to a buyer governing the auction will apply. 13. INDEMNITY. The vendor shall duly indemnify The Auctioneers against any claims in connection with any goods sold by The Auctioneers on the vendor’s behalf. 14. VAT. VAT registered vendors NOT operating the Margin Scheme for Second Hand Goods etc. PLEASE NOTE- All items will be sold on a VAT inclusive basis at the hammer price. VAT registered vendors are responsible personally for any VAT liability. 15. The vendor authorises The Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges The Auctioneers right to retain any premium paid by the buyer. 16. PHOTOGRAPHS. The vendor gives The Auctioneers full and absolute right to photograph and illustrate any lot placed in their hands for sale and to use such photographs at their absolute discretion (whether or not in connection with the auction) A small appropriate charge will be made for images in catalogues, adverts and on the internet. 17. INSURANCE. (a) Unless otherwise instructed in writing all goods on The Auctioneers premises and in their custody will be held insured against the risk of fire, theft following forcible entry and water damage. The value of the goods so covered will be the gross amount realised, or in the case of unsold lots the best bid, or in the case of goods withdrawn prior to sale or held pending sale, that which the specialised staff of the Auctioneers shall in their absolute discretion estimate to be the auction value of such goods. (b) The Auctioneers shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owners written instructions. (c) The Auctioneers 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 The Auctioneers, 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 The Auctioneers interest as bailees in such policy or policies. 18. WITHDRAWN LOTS. When a vendor cancels instructions for sale, the Auctioneers reserve the right to charge a fee equal to what would otherwise have been received prior to cancellation. In addition ‘expenses’ incurred will be charged. 18a PAYMENT OF PROCEEDS. The Auctioneers as agents for the vendor shall not be bound to account to and remit the proceeds of sale until such time as cleared payment has been tendered by the buyer of the lot / lots concerned. BUYERS CONDITIONS 19. INSPECTION. 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. 20. PROPERTY AND RISK. Legal title will not pass to the buyer until the lot(s) have been paid for 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 by The Auctioneer shall forthwith pay to Maxwells such proportion of the purchase price as The Auctioneer may require. If the buyer fails to do so, the lot may at The Auctioneers sole discretion be put up again and re-sold. 21. Every Bidder shall be deemed to act as principal unless there is in force prior to the sale a written acknowledgement by Maxwells that he or she acts as agent on behalf of a named principal. 22. REMOVAL OF GOODS. No purchase shall be claimed or removed until it has been paid for in full. All purchases shall be paid for and removed at the buyer’s risk and expense by 11.30am on the day after sale. If buyers fail to comply with these terms, The Auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed. The Auctioneers may at their discretion consign such goods to professional storage without notice to the buyer and the buyer will be responsible for any removal and storage charges as billed by the removal company. If the goods 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. POST & PACKING: Remote and Internet buyers please note: we are not professional packers and will not undertake to post large, heavy, very fragile, and multiple items/lots. A local “Mail Box” service is available. Buyers must arrange their own carrier and check costs before bidding. Otherwise, if asked to do so, we will pack to the best of our ability & post using the post office service and at our convenience. A charge will be made for materials, insurance, time and postage costs. Quotes will not be provided for p & p under £30.00. Please contact the office in good time before the sale if in any doubt.