1. Definitions
GENERAL CONDITIONS OF SALE
2. General
Rendells will, to the best of their ability make every effort to ensure the accuracy of their catalogue and the description of any lot:3. The Auction
4. Recission
Notwithstanding any other terms of these
Conditions, if within five working 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the lot is a deliberate forgery, then the sale of the lot will be rescinded and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.
5. Default
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.
6. Sale by Private Treaty
In the 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.
7. 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.
8. Rights to Photographs and Illustrations
A lotting fee will charged, as detailed in Clause
13, to cover all advertising purposes including photographing and cataloguing
for each lot.
The Vendor gives 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). The
copyright to the photographs as illustrated in our catalogue and advertisement
belong to us, the Auctioneers.
9. Third Party Liability
Every Person on Rendells premises at any time
shall be deemed to be there at his or her own 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 or their employees.
10. Attendance
Every Person on Rendells premises at any time
shall be deemed to be there at his or her own 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 or their employees.
VENDORS CONDITIONS
The seller acknowledges that Lots are sold
subject to the stipulation of these Conditions in their entirety and on the
terms of consignments as notified by the consignor at the time of the entry of
the Lot.
11. Instructions
Rendells are the Auctioneers, all goods delivered
to Rendells premises will be deemed to be delivered for sale by auction unless
otherwise previously stated in writing, and will be accepted by Rendells subject
to all Sale Conditions, catalogued and sold at Rendells discretion. Rendells
reserves the right to refuse any entry if they do not consider it to be
suitable.
12. Commission
The vendor pays a commission only when an item is
sold. We offer a competitive rate, per item, of 18.00% (inclusive of VAT) on the
first £500 and 12.00% (inclusive of VAT) thereafter.
There is minimum commission of £3.60 (inclusive
of VAT) per catalogued lot.
13. Lotting Fee
A lotting fee will be charged to all lots of
£1.20 (inclusive of VAT) to cover all advertising purposes including
photographing and cataloguing.
14. Reserves
15. Insurance
16. Loss or Damage
Rendells disclaim all responsibility for loss and
damage of goods or for unauthorised removal of goods unless caused by the direct
negligence of their employees.
17. Right to Sell/Storage Charge
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 five working 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 (inclusive of VAT) per lot per day.
18. Electrical Goods
All electrical goods must have a current PAT's
label. Our charge for testing is £2.40 (inclusive of VAT) per item. An item not
certified as safe, unless antique, will have its wiring removed. Testing takes
place after the items have been lotted.
19. Soft Furnishings
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 Vendor.
20. Prohibited, Restricted and Licenses Items
This includes but is not exclusive to shotguns,
firearms, knives, taxidermy, etc.
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 at the Vendors expense.
If an item brought to the saleroom requires a
license, we will ask you to provide the original for us to obtain the required
number of photocopies for our records and to be forwarded to the appropriate
authority where needed.
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.
21. Collections
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. Rendells if requested, can 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 unauthorised 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.
22. Withdrawals
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 is £30 (inclusive of VAT) per
lot.
23. Settlement
After the sale settlement of the net sum due to
you normally takes place within ten working 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.
24. Deductions
The Vendor authorises the Auctioneer to deduct
commission and expenses at the stated rate from the hammer price.
25. Indemnity
26. 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.
PURCHASER CONDITIONS
The purchaser acknowledges that Lots are
purchased subject to the stipulation of these Conditions in their entirety.
27. Inspection
28. Bidding Procedures and the Purchaser
29. Purchase Price
The purchaser shall pay the hammer price, VAT
where applicable, together with Buyers Premium of 18% including VAT on each lot
(Total of 23.94%, inclusive of VAT, for online purchases).
30. Value Added Tax
31. Payment
Immediately a Lot is sold you will:
Pay to us the total amount due via the following
methods:
32. Removal of Goods
33. Postage and Packaging
Our recommended 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 inclusive of VAT) 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 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.
34. Notes for Remote Buyers
Items paid for with Debit or Credit Card where
the purchaser wants the items posted will only be released by Rendells 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 invoice and delivery
addresses are different then the purchaser will be required to make payment by
bank transfer which must be cleared before the goods are released. If the
purchaser arranges their own transport or courier any they want the items
delivered to another address they must inform Rendells in writing prior to
collection.
35. Telephone Bidding
Prospective buyers are strongly advised to attend
the auction and are 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 by prior arrangement, arrange a telephone
bid with a telephone line booked on single or multiple lots. A member of staff
will call you from the Saleroom just before your lot number is offered for sale
and you can then instruct us on a live telephone line to bid or to stop on your
behalf. We always ask that you leave us a main telephone number and a backup
number in case of difficulties contacting you. It is always recommended that a
covering bid be left in the unfortunate event that we are unable to make
contact. All telephone lines must be booked with us not later than 17.00pm the
day before the two-day sale commences. Rendells require any telephone bidder to
provide two forms of identification (including photographic ID).
36. Commission Bids
While 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. Neither the auctioneer nor our employees or agents
shall be responsible for any neglect or default in so doing or failing to do so.
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. Rendells
require any commission bidder to provide two forms of identification (including
photographic ID). All commission bids to be with us no later than 9.30am on the
morning of the sale.
37. Artist Resale Right Regulations 2012 ("Droit de Suite")
38. Electrical 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.
39. 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 28 above) 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.
40. General Notes
41. Money Laundering Regulations
We do not accept cash payments over the
equivalent British Pound sterling of €10,000.
Rendells Fine Art
Auctioneers reserves the right to amend these Conditions of Sale at any time and
without prior written notice.