Third Party Liability. Every Person on
Rendells premises at any time shall be deemed to be there at his or
her risk. He or she shall have no claim against Rendells 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 negligence of Rendells employees.
Rendells LLP trade as Rendells
Rendells, act only as Auctioneers and agents for the vendor, are
called “The Auctioneers”, and the representative of Rendells
conducting the auction is called “the Auctioneer”.
will to the best of their ability make every effort to ensure the
accuracy of their catalogue and the description of any lot:
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.
Rendells 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 Auctioneer
do so as agents of the vendor and are not themselves responsible for
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. Rendells 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.
claim under Statute must be received in writing by the Auctioneer
within seven days of the day of sale. Whilst statements may be
made in print or orally that an item is damaged, at fault or
restored it is emphasized that the absence of any reference does not
imply that the lot is free from all defects.
Any lot purchased via ATG Media (www.the-saleroom.com) will be
subject to ATG Media (www.the-saleroom.com) terms and will be
subject to an additional 5.94% commission charge including V.A.T on the
Any notice to buyer, seller, bidder or viewer may be given by first
class mail in which case it shall be deemed to have been received by
the addressee 48 hours after posting.
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, no bidder advancing less
than a sum to be named by the Auctioneer, the right to cancel the
sale without giving any reasons nor 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, the
vendor may not under any circumstances bid. Reserves set are subject to Auctioneers discretion of 10%.
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 sale.
(c) We will not be
liable for any loss of opportunity or disappointment suffered as a
result of participating in our auction.
Not withstanding any other terms of these Conditions, if within
seven days after the sale Rendells have received from the purchaser
of any lot notice in writing that in his view the lot is a
deliberate forgery and within seven days after such notification the
purchaser returns the same to Rendells in the same condition as at
the time of sale and by producing evidence, (the burden of proof to
be upon the purchaser) which satisfies Rendells 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
and the vendor agrees to reimburse the auctioneers 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 Purchaser and the Vendor agree to be bound by the decision.
Rendells disclaim responsibility for default by either the purchaser
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 purchaser. Instructions given by telephone are accepted
at the vendor’s risk and must be confirmed in writing forthwith.
Sale by Private Treaty.
event of a sale by private treaty both the vendor and the purchaser
agree to be bound by the General and any Special Conditions of Sale.
Proceeds of sale.
Proceeds of sale are held in our Stonepark Clients Auction Account,
Lloyds Bank PLC, Courtenay Street, Newton Abbot. We do not pay
interest on monies held in this account.
to Photographs and Illustrations.
Both the vendor and purchaser give Rendells full and absolute right
to photograph and illustrate any lot placed in their hands for sale
(whether sold or not) and to use such photographs and illustrations
at any time at their absolute discretion (whether or not in
connection with the auction). Rendells reserve the right to charge
up to £20 per photograph for any advertising purposes whatsoever.
The copyright to the photographs as illustrated in our catalogue and
advertisement belong to us, the Auctioneers.
Rendells are Auctioneers, all goods delivered to Rendells premises
will be deemed to be delivered for sale by auction unless otherwise
previously stated in writing, will be accepted by Rendells subject
to all Sale Conditions, catalogued and sold at Rendells
discretion. Each Vendor acknowledges that by delivering the goods
to Rendells for inclusion in their auction sales he or she has
accepted and agreed to be bound by all these conditions, Rendells
reserving the right to refuse any entry if they do not consider it
to be suitable.
Rendells reserve the right to charge the full sale commission based
on reserves or pre-sale estimates plus any extra expenses on any
goods which are entered, catalogued and withdrawn from sale, or a
lesser amount at their discretion. The minimum charge will be £30
including V.A.T. per lot.
Items for sale must
be consigned to the saleroom at the vendors expense, we may be able
to assist in making arrangements, but any cost of a carrier is your
responsibility. If Rendells are unable to undertake the
collection of goods, they will if requested, instruct a contractor
on the vendor's behalf in their capacity as agents. Rendells
disclaim all responsibility for loss or damage to goods or for
unauthorized removal of goods and for damage to premises caused by
the contractor 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.
All electrical goods
must have a current PAT's label. Our charge for testing is
£2.40 including V.A.T. per item. An item not certified as safe,
unless antique, will have its wiring removed. Testing takes
place after the items have been lotted.
The sale of soft
furnishings is regulated by statutory law, any items that do not
comply with these regulations will be disposed of at cost to the
Prohibited, Restricted and Licensed items.
This includes but is
not exclusive to shotguns, firearms, knives, taxidermy, etc.
(a) If an item
brought to the saleroom is found to be prohibited or restricted, we
reserve the right to return this item to the owner, if allowed or to
the relevant authority.
(b) If an item
brought to the saleroom requires a license we will ask you to
provide the original for us to obtain the required amount of
photocopies, for our records and to be forwarded to the appropriate
authority where needed.
(c) Taxidermy items
may require a written record and license (dependant on age and
species). We will need to make photocopies of the originals to
be forwarded to the appropriate authority where required.
Rendells disclaim all responsibility for loss and damage of goods or
for unauthorized removal of goods unless caused by the direct
negligence of their employees.
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 seven days of such request Rendells reserve the right to
sell the goods to defray costs and storage charges. Our
storage charge is a minimum of £2.40 per lot per day, including V.A.T.
The vendor pays a commission only when an item is sold. We
offer a competitive rate, per item, of 18% on the first £500 and 12%
thereafter. An insurance charge of 1.2% is also paid whilst
items are in our possession. There is minimum commission of £3.60
per catalogue lot. V.A.T.
is included at the current rate on the charges set out above.
After the sale
settlement of the net sum due to you normally takes place within 10
days of the sale, unless the buyer has not paid for the good(s).
In this case no settlement of the sale item will take place and we
will take your instructions as to whether you would like the item
re-offered or returned to you.
Goods on Rendells premises and in their custody will be held insured
against the risks of fire, theft following forcible entry and water
damage (but not against accidental breakage nor damage) for which
insurance Rendells will charge a premium of 1.2% including V.A.T. of the
gross amount realized, or in the case of unsold lots the reserve or
the lower of the pre-sale estimate.
Rendells shall not be responsible for accidental breakage, loss or
damage howsoever caused unless directly caused by negligence of
If the auctioneers considers a reserve
unreasonable they may in their discretion refuse to accept the item.
All goods are put up for sale WITHOUT RESERVE at the
Auctioneer’s discretion unless written instructions as to reserves
are received by Rendells 48 hours prior to the commencement of the sale.
Rendells are empowered to sell any goods by Private Treaty after the
auction in the event of any reserve price not being reached, at a
price of not less than the reserve with discretion, so long as the
goods remain on Rendells premises and in the event of such a sale by
private treaty the conditions of sale by auction will be binding to
both vendor and purchaser.
The vendor shall duly indemnify Rendells against any claims in
connection with any goods sold by Rendells on the vendor’s behalf
and will warrant that the goods are his or her bona fide items to
sell and are not subject to any Hire Purchase Agreement, Lease or
Value Added Tax.
A vendor who sends for sale by auction any chattel(s) which is an
asset of their business must disclose to the Auctioneer whether or
not they are a registered person for Value Added Tax purposes and,
if so, their registered number and whether or not they intend to
operate the special scheme covering works of art, etc. This
information must be supplied to the Auctioneer on or prior to
delivery of the goods.
vendor authorizes the Auctioneer to deduct commission and expenses
at the stated rate from the hammer price.
The purchaser has ample opportunity
prior to the sale to inspect the respective items and investigated
the condition of all lots they may be interested in. Each
Purchaser by making a bid for a lot acknowledges that they have
satisfied themselves 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.
Mechanical objects of any age are not
guaranteed to be in working order. However, in so far as we
have examined the goods and make representation about their
condition, we shall be liable for any defect which that examination
ought to have revealed to the auctioneer but which would not have
been revealed to the buyer had the buyer examined the goods.
Any electrical goods
sold without a PAT's label are sold as antiques only. If an
electrical item has a PAT's label it does not mean it is working
only that the item is safe.
Property and Risk.
Legal title will not pass to the purchaser until the lot(s) has/have been
paid for in full and the Auctioneers shall be entitled to a lien on
any lot sold until the purchase price (as defined in 27 below) is
paid in full but each lot is at the sole risk of the buyer from the
fall of the hammer. Each purchaser shall forthwith give his full
names and permanent address and when called upon to do so by the
Auctioneer shall forthwith pay to Rendells 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.
Procedures and the Purchaser.
All prospective purchasers must give their full name and address to
the office before bidding.
Every bidder shall be deemed to act
as principal unless there is in force a written acknowledgement by
Rendells that he acts as agent on behalf of a named principal, no
transfer will be accepted.
The highest approved bidder shall be the purchaser and if any
dispute arises as to who was the last or highest bidder the
Auctioneer has sole discretion to withdraw the lot and re-offer it
by auction to settle the dispute.
The minimum starting bid is £5.
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 purchaser’s risk and expense by 5.00 p.m. on
the Monday after the sale, failing which the Auctioneer shall not be
responsible if the same are lost, stolen, damaged or destroyed, all
lots not so removed shall remain at the risk of the purchaser
subject to a minimum storage charge of £2.00 per day and 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 purchaser. 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 purchaser of the lot.
In the event of any failure of the purchasers to comply with any of
the above conditions the damages recoverable by the seller or the
Auctioneers from the defaulters 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 5% above
Lloyds 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 able to accept payment from,
successful bidders in cash or by the bidder’s own cheque, credit and
Exporting of lots from the UK may be subject to an import/export
license. It is the purchasers responsibility to obtain the
The purchaser shall pay the hammer price, V.A.T. where applicable,
together with BUYERS PREMIUM of 18%
including V.A.T. on each lot.
Any lot where V.A.T.
at 20% is payable will be marked with an * or an ** if at 5%
V.A.T. is likely because the seller is registered for V.A.T. within
the European Union and is not operating the Dealers Margin Scheme or
because V.A.T. is due at 20% on importation to the U.K.
The ** indicates the lot has been imported from outside the European
Union and the present position is that these lots are liable to a
reduced rate of V.A.T. (5%) on the hammer price and 20% on the
Lots which appear without either of these symbols indicate that no
V.A.T. is payable on the hammer price.
Right Regulations 2012 ("Droit de Suite")
Subject to specific conditions, some
works of art by Artists (living or deceased in the last seventy
years) and sold over the equivalent of €1000 the purchaser is liable
to pay an additional resale royalty. Any lot which may be
liable will be marked with a
The amount is capped at €12,500 per
The amount is calculated as
Royalty for the
portion of the hammer price (in Euro) 4.00% up to €50,000
Royalty for the
portion of the hammer price (in Euro) 3.00% between €50,000.01 to
Royalty for the
portion of the hammer price (in Euro) 1.00% between €200,000.01 to
Royalty for the
portion of the hammer price (in Euro) 0.50% between €350,000.01 to
Royalty for the
portion of the hammer price (in Euro) 0.25% in excess of €500,000
Invoices will, as usual be issued in
For the purposes of calculating the resale royalty the Pounds
Sterling/Euro rate of exchange will be the European Central Bank
reference rate on the day of the sale.
No Dogs are permitted
on the premises.
No Smoking anywhere
on the premises.
If we are found to be
liable to you for any reason (including if we are found to be
negligent, in breach of contract or to have media misrepresentation)
our liability is limited to the total purchase price paid by you for
only accepted by prior arrangement. Goods will only be released
after cheques have cleared.
Payment by Credit Card by agreement only. No Credit Card
payments from overseas buyers.
by Debit Cards can be made with no surcharge.
do not accept American Express.
Due to problems with fraudulent debit and credit card
payments, payments over the telephone cannot be made for invoices of
more than £200 unless the buyers are known to Rendells. Payments
can be made in person using a chip and pin number, bank transfer,
cash up to €10,000 or by cheque with clearance on the sixth working
(f) Our bank
details are as follows:
41 Courtenay Street
NEWTON ABBOT, Devon, TQ12 2QW
Rendells - Stonepark No.2 Clients Auction Account
Sort Code: 30-96-06
Account No: 02592194
IBAN Code: GB65 LOYD 3096 0602 5921 94
BIC Code: LOYD GB21078
Laundering Regulations 2003.
purchasing goods in cash to €10,000 or more
must provide two forms of identification.
Our preferred method of dispatch is by
Mailboxes and Royal Mail signed for, with the purchaser responsible
for insuring the goods. A packing charge (minimum
of £9.60 including V.A.T. per Lot, plus cost of postage) applies. This
is assessed on a lot by lot basis, but some items are unsuitable for
this service (we will not pack china, glass, pictures or any
prohibited items as stated by the Royal Mail). We take great care in the packing of items, but Rendells will not accept liability for any damage caused in transit.
The consignee accepts this as part of our terms of dispatch and is
solely responsible for insuring the goods against loss or damage.
for Remote Buyers
paid for with Debit or Credit Card where the purchaser organizes his
or her own collection by courier or agent will only be released by
Rendells for transport if the delivery address of the consignee is
the same as in our records and the registered address of the
purchaser’s card. If the addresses are different then the
purchaser will be required to forward a cheque which must be cleared
before the goods are released.
Amended January 2019