Conditions Of Sale
TERMS AND CONDITIONS OF BUSINESS
A – GENERAL CONDITIONS
1 – Definitions
1.1 In these conditions:
“the Auctioneer” means the representative of Trevanion & Dean conducting the auction.
“Bought-in” means unsold, having failed at Auction to reach the Reserve.
“the Buyer” means the bidder (including a commission bidder under Condition 27) whom Trevanion & Dean has accepted by the fall of the auctioneer’s hammer.
“the Catalogue” means any advertisement, brochure, price list or other publication relating to the auction published on behalf of Trevanion & Dean.
“Dangerous Substances” any natural or artificial substance capable of causing harm to any living organism supported by the environment, or damaging the environment or public health or welfare.
“Environmental Law” all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances.
“Expenses” means Trevanion & Dean charges for illustrations, special advertising, insurance, import, packing and freight and any other expenses and VAT on these amounts.
“Hammer Price” means the price at which a Lot is knocked down by the Auctioneer to the Buyer.
“Lot” means any item or items of any kind accepted by Trevanion & Dean with a view to its or their sale at auction.
“the Purchase Price” means the Hammer Price in pounds sterling together with any premium inclusive of VAT chargeable and additional charges and expenses due from a defaulting buyer under Condition 27.
“the Reserve” means the minimum Hammer Price set by the Seller at which a Lot may be sold and otherwise subject to Condition 6.
“the Sale Proceeds” means the net amount due to the Seller, being the Hammer Price less commission at the Stated Rates and Expenses and any other amounts due to Trevanion & Dean.
“the Seller” means the seller or prospective seller of any Lot.
“Special Goods” means boats, motor vehicles, firearms and mechanical and electrical goods.
“the Stated Rates” means Trevanion & Dean’s published rates of commission for the time being and VAT.
“Storage Charges” means charges imposed by Trevanion & Dean in respect of the removal, storage and transportation of any Lot.
“VAT” means Value Added Tax.
1.2 The heading and divisions in General Conditions, Seller’s Conditions and Buyer’s Conditions in these Conditions are for convenience only and shall not affect their interpretation.
1.3 In these Conditions the singular includes the plural and the masculine indicates the feminine and neuter.
2 – General
2.1 Trevanion & Dean acts as agents for the Seller (except where it is expressly stated to be selling as principal) and is not responsible for any default by the Seller or Buyer.
2.2 Trevanion & Dean has the right to refuse admission to its premises or attendance at its auction by any person. All persons are admitted to Trevanion & Dean premises to attend an auction on the basis that they have notice of these Conditions.
2.3 The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of Trevanion & Dean and no person may use or copy the same without the prior written consent of Trevanion & Dean.
2.4 Trevanion & Dean makes every effort to ensure that the Catalogue and description of the Lot are accurate but Trevanion & Dean makes no warranty to that effect.
2.5 All Statements whether made verbally or in the Catalogue are statements of opinion only and neither Trevanion & Dean or its employees or agents will be responsible for the accuracy of any opinion given. Each Lot is sold by the Seller with any and all errors of description, faults and imperfections.
2.6 Trevanion & Dean has the right to divide any Lot or combine two or more Lots, refuse any bid, withdraw any Lot from auction or (in the case of dispute) put any Lot up for auction again. The Auctioneer shall have the right to advance the bidding as he may decide.
2.7.1 Trevanion & Dean shall be under no liability for any damage or loss sustained by any person while on Trevanion & Dean’s premises or while attending auctions conducted by Trevanion & Dean except for death or personal injury caused by the negligence of Trevanion & Dean, its employees and agents.
2.7.2 Trevanion & Dean shall not be liable for any damage caused by the Seller or the Buyer to third parties or their property while on Trevanion & Dean premises or on any other premises from which Trevanion & Dean are conducting auctions.
2.8 In the event of a sale after the auction of any Lot by private treaty the Seller and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.
2.9 These Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by Trevanion & Dean.
2.10 Any notice by Trevanion & Dean to a Seller, prospective Seller, consignor, prospective bidder or Buyer may be delivered by hand, sent by first class mail or air mail or facsimile to the address last notified to Trevanion & Dean and shall be deemed to be received:
2.10.1 If hand delivered, at the time of delivery.
2.10.2 If sent by facsimile within 8 hours of transmission during business hours.
2.10.3 If sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK.
2.11 All transactions to which the Conditions shall apply shall be governed by English Law. In the event of any dispute between Trevanion & Dean, the Seller and the Buyer concerning the sale of any Lot at an auction conducted by Trevanion & Dean, the matter shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Royal Institute of Chartered Surveyors in accordance with the Arbitration Act 1950 or any statutory modification if re-enactment of it for the time being in force.
B – SELLER’S CONDITIONS
3 – Instructions
All goods delivered to Trevanion & Dean premises or into Trevanion & Dean custody shall be presumed to be delivered for sale by auction unless otherwise stated in writing and will be sold at auction by Trevanion & Dean. By delivering any goods to Trevanion & Dean each Seller or prospective Seller agrees to be bound by these Conditions. Trevanion & Dean will not collect goods for sale at auction unless otherwise agreed. Where Trevanion & Dean agrees to collect any such goods, the risk in such goods remains with the Seller. The Seller shall be responsible for insuring such goods until they arrive at Trevanion & Dean premises; thereafter they will be covered by Trevanion & Dean insurance under the provisions of clause 7 provided the Seller pays Trevanion & Dean the applicable insurance premiums.
4 – Warranties
4.1 The Seller warrants Trevanion & Dean and to the Buyer that he is the true owner of the Lot or is authorized by the true owner to sell the Lot and (in either case) is able to transfer good and marketable title to the Lot free from any liens, charges or third party claims. When the Selling is authorized by the true owner to sell the Lot, the Seller must name the owner and produce such written evidence of his authority as Trevanion & Dean may request.
4.2 If the Seller is selling a Lot not held by Trevanion & Dean on its premises or under its control, the Seller warrants and undertakes to Trevanion & Dean and the Buyer that upon demand by the Buyer, the Lot will be available and will be in a deliverable state.
4.3 The Seller warrants that all information supplied to Trevanion & Dean in connection with the Lot is to the best of his knowledge, information and belief accurate.
5 – Indemnity
The Seller shall indemnify Trevanion & Dean and the Buyer against any claims made for loss, damage, costs or expenses suffered by either or both of them as a result of a breach of any of the warranties contained in conditions 4 and 9.
6 – Reserves
6.1 The Seller may place a Reserve on any Lot prior to the commencement of the auction but once placed, a Reserve may only be changed with the prior written consent of Trevanion & Dean . A change to a Reserve may also be agreed verbally as between Trevanion & Dean and the Seller, but in such case neither Trevanion & Dean not its employees or agents be liable for any neglect, default or failure to act in connection with any such verbal alteration, unless written confirmation is received by Trevanion & Dean prior to the commencement of the auction.
6.2 When the Seller is the executor or administrator of an estate and gives Trevanion & Dean discretionary instructions to sell a Lot on his behalf, Trevanion & Dean may, at its sole discretion, sell the Lot without Reserve or place a Reserve on the lot.
6.3 If no Reserve is placed as stated above a Lot will be sold without Reserve. The Seller may not bid for his own Lot, but Trevanion & Dean as auctioneers reserve the right to bid on behalf of the Seller (including the right to make consecutive bids) up to the amount of the Reserve in respect of any Lot which is the subject of a Reserve. The Auctioneer reserves the right to use his sole discretion at the auction in respect of Lots sold without Reserve.
6.4 Trevanion & Dean shall be entitled to sell Lots at a Hammer Price of at least 90% of the Reserve, unless the Seller instructs Trevanion & Dean otherwise in writing prior to the commencement of the auction.
6.5 Trevanion & Dean shall be entitled to sell lots at a Hammer Price below 90% of the Reserve but in such cases the Seller shall be entitled to such Sale Proceeds as would have resulted if the sale had been at 90% of the Reserve (or the Sale Proceeds if greater), unless the Seller has instructed Trevanion & Dean that the discretion referred to in condition 6.4 shall not apply.
7 – Risk of Loss or Damage
7.1 Unless otherwise instructed, Trevanion & Dean will assume risk of loss or damage to any Lot property (other than special goods) consigned to it or put under its control for sale until whichever is the earlier of the ownership of the property in the Lot passing from the Seller, or the Seller or Buyer becoming bound to collect the Lot.
7.2 Trevanion & Dean liability for loss or damage to any Lot will not exceed the amount estimated by Trevanion & Dean to be, from time to time, the current value of the Lot at auction, less Trevanion & Dean commission and Expenses together with any storage charges, not in any event will it exceed.
7.2.1 The Hammer Price less Trevanion & Dean commission and Expenses if the Lot has been sold.
7.2.2 The Reserve, less Trevanion & Dean’s commission and Expenses if the Lot has not been sold after being offered for sale and the Reserve has been determined.
7.2.3 (Insurance limit per claim).
7.3 In no event will Trevanion & Dean be liable for damage to glass or picture frames (or cleavage of stones) whether forming the whole or part of any Lot, or depreciation in value following repairable damage in any Lot.
7.4 Trevanion & Dean, its servants and agents shall have no liability in connection with loss or damage to any Lot caused by.
7.4.1 Any third party instructed to deal with the Lot with the Seller’s or Buyer’s consent.
7.4.2 Changes in humidity or temperature.
7.4.3 Inherent conditions or defects.
7.4.4 Error in processing.
7.4.5 War, nuclear radiation or radioactive contamination.
7.5 In all cases, save where Trevanion & Dean is to assume the risk of loss or damage, the Lot shall remain at all times at the risk of the Seller or (as provided in condition 22.1) the Buyer and neither Trevanion & Dean nor its servants or agents will be responsible for any loss or damage to the Lot whether caused by negligence or otherwise.
7.6 If the seller instructs Trevanion & Dean not to assume risk of loss or damage for a Lot, and following expiry of any period of risk assumed by Trevanion & Dean pursuant to the above, it shall at all times remain at the risk of the Seller who hereby undertakes:
7.6.1 To indemnify Trevanion & Dean against all claims made against Trevanion & Dean in respect of loss or damage of the Lot.
7.6.2 To reimburse Trevanion & Dean on demand for all payments, costs or expenses, including legal fees incurred by Trevanion & Dean as a result of claims referred to in condition 7.6.1.
7.6.3 To waive all rights and claims he may have against Trevanion & Dean its servants and agents in connection with such loss or damage referred to in condition 7.1.
7.6.4 To notify his insurer of the existence of the indemnity contained in this Condition, and to procure a waiver of subrogation by such insurer of all claims they may have against Trevanion & Dean in connection with loss or damage referred to in Condition 7.1.
8 – VAT
If any Lot is an asset of the Seller’s business, the Seller must notify Trevanion & Dean or the Auctioneer on delivery of the Lot to Trevanion & Dean whether or not he is registered for VAT purposes and if so, his registered number and whether or not he intends to operate the VAT Used Goods Scheme covering amongst other goods, works of art and antiques.
9 – Special Goods and Dangerous Substances
9.1 The Seller of any Lot containing Special Goods or Dangerous Substances warrants and undertakes to Trevanion & Dean that as at the date when the same are put under Trevanion & Dean control:
9.1.1 They are safe (if used for the purpose for which they were designed) and free from any defect which might cause personal injury or death; and
9.1.2 They comply with all applicable legislation such as (but not limited to) the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations.
9.2 The Seller of any Lot containing Dangerous Substances warrants and undertakes to Trevanion & Dean that as at the date when the same are put under Trevanion & Dean control:
9.2.1 The Seller has obtained all requisite environmental licenses and approvals required by Environmental Law; and
9.2.2 The Seller has complied with all Environmental Law and environmental licenses, which are applicable to the Dangerous Substances.
9.3 The Seller agrees to indemnify Trevanion & Dean, its employees and agents against any loss or damages suffered by any or all of them as a result of any breach of any of the warranties contained in this condition 9 or any negligence of the Seller, its employees and agents.
9.4 The Seller acknowledges that Trevanion & Dean are the Seller’s agents and for the purposes of all legislation applicable to the Special Goods and Dangerous Substances, including, but not limited to Health and Safety legislation and regulations and Consumer Protection Act 1987, the Seller acts as consignor and supplier.
10 – Photographs and Illustrations
The Seller gives Trevanion & Dean the absolute right to photograph and illustrate any Lot and to use such photographs and illustrations (and any photographs and illustrations provided by the Seller) as it may see fit (whether or not in connection with the auction at which the Lot is to be offered for sale). Trevanion & Dean have absolute discretion on the illustration of any Lot in the catalogue at the Seller’s expense up to a maximum of £75 for black and white and £200 for colour (with any VAT chargeable thereon).
11 – Commission and Expenses
11.1 Trevanion & Dean shall be entitled to deduct commission at the Stated Rates and Expenses from the Hammer Price.
11.2 The minimum vendors commission is £10 + VAT
11.3 The Seller acknowledges Trevanion & Dean right to retain the premium payable by the Buyer under Condition 19 hereof.
12 – Payment of Sale Proceeds to the Seller
12.1 Trevanion & Dean shall pay the Sale Proceeds to the Seller not later than 28 days after the auction if the Purchase Price had been received by Trevanion & Dean from the Buyer. Notwithstanding that the Seller has not received the Sale Prices, he will transfer the title in the Lot to the Buyer in accordance with Condition 23.2.
12.2 If the Buyer has not paid the Purchase Price to Trevanion & Dean with the 28 days period mentioned in Condition 12.1 Trevanion & Dean shall pay the Sale Proceeds to the Seller not later than 7 working days after the date on which the Purchase Price is received.
12.3 If the Buyer fails to pay the Purchase Price within 28 days after the auction Trevanion & Dean will notify the Seller who will instruct Trevanion & Dean as to the appropriate course of action to take and if in the opinion of Trevanion & Dean such action is practicable, it will endeavour to assist the Seller to recover the Purchase Price, but Trevanion & Dean shall be under no obligation to institute proceedings against the Buyer in its own name. If Trevanion & Dean do not receive instructions from the Seller or if in the opinion of Trevanion & Dean such proposed course of action is not practicable for whatever reason then Trevanion & Dean shall be entitled to:
12.3.1 Agree terms with the Buyer for the payment of the Purchase Price.
12.3.2 Remove, store and insure the Lot sold.
12.3.3 Settle claims made by or against the Buyer on such terms as Trevanion & Dean shall in its absolute discretion think fit.
12.3.4 Take such steps as are necessary to collect the monies due from the Buyer; and
12.3.5 Where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer.
12.4 If not withstanding that Buyer fails to pay to Trevanion & Dean with the Purchase Price, Trevanion & Dean remits to the Seller the Sale Proceeds the ownership of the Lot shall pass to Trevanion & Dean.
13 – Rescission of the Sale
13.1 If the Buyer makes a claim to rescind the sale on the basis of Condition 28.2 and in Trevanion & Dean opinion that claim is justified, or Trevanion & Dean decides to rescind the sale on the basis of Condition 12.3.5, Trevanion & Dean may rescind the sale without further reference to the Seller and refund to the Buyer any amount already paid in respect of the Lot.
13.2 If the Seller has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in Condition 13.1 Trevanion & Dean has the right to recover such monies from the Seller.
14 – Withdrawn Lots
14.1 If the Seller cancels his instructions for sale at any time, Trevanion & Dean reserves the right to charge a fee of 20% of either the latest estimate of the auction price of the Lot or (if one has been placed) the Reserve placed on the Lot (as the case may be) plus in either case VAT and expenses. Minimum charge £20.
14.2 Upon withdrawal of the Lot the Seller shall arrange for the collection and removal of the Lot at his own expense on or before two working days after the date of withdrawal. In the event that the Seller fails to remove the Lot by the agreed time, Trevanion & Dean reserve the right to dispose of the Lot/s and retain all proceeds to cover storage costs. (see Storage charges applicable to Sellers)
14.3 Any legal fees, experts’ fees and other expenses that Trevanion & Dean may incur investigating any claim concerning ownership of the Lot shall be borne by the Seller, who shall reimburse to Trevanion & Dean all such fees and other expenses on a full indemnity basis.
15 – Unsold Lots
15.1 If any Lot fails to sell at auction Trevanion & Dean will notify the Seller who shall either arrange for its removal from Trevanion & Dean the day following the auction or instruct Trevanion & Dean to re-offer the Lot for sale.
15.2 In the event that the Seller fails to remove the Lot by the agreed time, Trevanion & Dean reserve the right to dispose of the Lot/s and retain all proceeds to cover storage costs (see Storage charges applicable to Sellers)
16 – Private Sales
If after 28 days of notification of any unsold Lot or withdrawn Lot the Seller has failed to collect the Lot, the Seller hereby authorizes Trevanion & Dean to sell that Lot by private treaty and to deduct from the sale price any sums owing to Trevanion & Dean including but not limited to commission up to one half of the Stated Rates, and Expenses.
C – BUYER’S CONDITIONS
17 – Inspection
Buyers and prospective Buyers are deemed to have satisfied themselves before bidding by inspection or otherwise as to (but not limited to) the physical condition (including defects) of the Lot and its description in the Catalogue. Buyers and prospective Buyers should note the provisions of General Conditions 2.4 and 2.5 in relation to descriptions of the Lot in the Catalogue.
18 – The Buyer
18.1 Any dispute as to who is the Buyer of any Lot shall be settled by Trevanion & Dean.
18.2 Every bidder at an auction run by Trevanion & Dean shall be deemed to act as principal unless prior to the start of the auction Trevanion & Dean has been given a written acknowledgement that a bidder is acting as agent for a named principal.
18.3 In accordance with Artists Resale Rights Regulations 2006 all lots marked (†) which sell for 1,000 Euro or more are subject to a resale royalty charge (“Royalty”). This Royalty is payable by the Bidder. The Royalty will be charged at a rate of 4% of the total hammer price (exclusive of Bidder’s premium which is payable under clause 8a) for lots selling for amounts up to 50,000. For lots selling in excess of 50,001, the Royalty shall be calculated at a reduced rate (details available on request). The Royalty is not subject to VAT and is payable in sterling calculated on the day of sale at the prevailing rate of exchange. Payment shall be passed directly to the Design and Artists Copyright Society (DACS) 33 Great Sutton Street, London EC1V 0DX. For further information please contact the Auctioneers or DACS on 0845 4103410 or visit their website at www.dacs.org.uk
18.4 In accordance with Money Laundering Regulations and the Criminal Justice Act of 1993 Trevanion & Dean will no longer accept single cash payments exceeding €9999.00.
19 – Buyer’s Premium
Where a Buyer’s Premium is levied it shall be 20% inclusive of the Hammer Price + VAT. The Buyer also acknowledges that Trevanion & Dean may receive commission from the Seller in accordance with Condition 11 hereof.
20 – VAT
Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue by an asterix.
21 – Commission Bids
21.1 Prospective Buyers are advised to attend in person auctions runs by Trevanion & Dean. However Trevanion & Dean will if so instructed execute written bids up to a specified limit from prospective Buyers sent by post or facsimile transmission to Trevanion & Dean in advance of an auction or (at Trevanion & Dean discretion) bids by telephone made by or on behalf of prospective Buyers before the auction. The Buyer shall deliver any instructions regarding commission bids whether delivered by post, facsimile transmission, telephone or in person to the appropriate employee of Trevanion & Dean, being the Auctioneer or an employee authorised to accept such instructions. Neither Trevanion & Dean nor its employees or agents will be liable for any neglect, default or failure to act in connection with any commission bids.
21.2 In the event that Trevanion & Dean has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 18.1 and to Trevanion & Dean ultimate discretion it shall be sold to the person whose commission bid was received first.
22 – Title and Risk
22.1 Upon the acceptance of a bid (indicated by the fall of the hammer) by Trevanion & Dean.
22.2.1 A contract of sale for the Lot in question is completed between the Buyer to which Trevanion & Dean is not a party and will not be liable for any breach thereof by either the Seller of the Buyer.
22.2.2 The Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Trevanion & Dean such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneer’s sole discretion) lead to the Lot being put up again and re-sold.
22.3 Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid (and all monies cleared) in accordance with Condition 23.3. Trevanion & Dean shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 23.3.
23 – Payment
23.1 A prospective Buyer must if practicable prior to an auction register to bid and must then give Trevanion & Dean his full name and permanent address and if requested by Trevanion & Dean banking or other suitable references.
23.2 The Purchase Price must be paid to Trevanion & Dean no later than 7 days following the auction.
23.3 Full payment for all Lots must be made to Trevanion & Dean by means of banker’s draft, cash or telex transfer in pounds sterling. Where the Buyer wishes to pay by cheque, the Lot will not be released to the Buyer until the cheque has been cleared unless arrangements have been made with Trevanion & Dean prior to the date of the auction.
23.4 Any payments by a Buyer to Trevanion & Dean may be applied by Trevanion & Dean towards or set off against any sums owing from that Buyer to Trevanion & Dean on any account whatever regardless of any directions of the Buyer or his agents, whether express or implied.
24 – Removal of purchased Lots
24.1 No Lot may be removed by the Buyer until the Purchase Price has been paid in full and the monies cleared in accordance with Condition 23.3.
24.2 Subject to Condition 24.1, if the Buyer shall not remove (and arrange for transport/ carriage) at his expense any Lot purchased by him within 5 days of the Sale, then the Buyer shall pay to Trevanion & Dean the Storage Charges.
24.3 In the event that the Buyer fails to remove the Lot within two weeks of the Sale, Trevanion & Dean reserve the right to dispose of the Lot/s and retain all proceeds to cover storage costs.
25 – Responsibility for purchased Lots
25.1 As the risk in respect of a Lot will pass to the Buyer from the fall of the hammer (as provided by Condition 22.1), the Buyer will be responsible for any loss or damage to the Lot from that time.
25.2 The Buyer of a Lot being a “motor vehicle” is responsible for complying with the provisions of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuring that any necessary test certificate is in force.
25.3 The Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with a Lot. Trevanion & Dean will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.
25.4 The Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Laws and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to Dangerous Substances.
25.5 The Purchases agrees to comply with laws regarding the sale of ivory and is aware that these items cannot be shipped outside of the EU. CITES permits may be required to export and import items containing ivory.
26 – Non-Payment or failure to collect
If a Lot is not paid for in full and removed in accordance with Conditions 23 and 24, Trevanion & Dean as agents for the Seller shall without further notice to the Buyer at its absolute discretion be entitled to exercise one or more of the following remedies (without prejudice to any other rights it may have):
26.1 Issue legal proceedings against the Buyer for damages for breach of contract.
26.2 Rescind the sale of the Lot and re-sell the Lot by auction, private treaty or any other means.
26.3 Charge the Buyer all the charges and expenses of the re-sale (including but not limited to) any commissions for the rescinded sale which remain unpaid and the deficiency (if any) between the Hammer Price of the resale and the Hammer Price of the rescinded sale.
26.4 Remove, store and insure the Lot at the expense of the Buyer (see Storage Charges applicable to Buyers).
26.5 Charge interest on the Purchase Price at a rate not exceeding 4% per month to the extent that it remains unpaid for more than 5 working days after the date of the auction.
26.6 Retain any Lot knocked down to the Buyer at the same time or any other auction until payment of a Purchase Price by the Buyer.
26.7 Exercise a lien on any other property of the Buyer in Trevanion & Dean possession for any purpose.
26.8 Rescind the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction.
26.9 Reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auctions or obtain a deposit before accepting any bids from the Buyer in the future.
26.10 Dispose of the Lot/s purchased by the Buyer and retain all proceeds to cover storage costs (see Storage Charges applicable to Buyers).
27 – Liability of Trevanion & Dean and the Seller
27.1 Neither the Seller, Trevanion & Dean or its employees or agents is responsible for errors of description (made either orally or in any Catalogue) or for the genuineness or authenticity of any Lot. No warranty whatsoever is given by Trevanion & Dean, its employees or agents by any Seller to any Buyer in respect of any Lot and any express or implied conditions and warranties are hereby excluded.
27.2 Notwithstanding any other terms of these Conditions, if within two months after the sale Trevanion & Dean has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within one month after such notification the Buyer returns the same to Trevanion & Dean in the same condition as at the time of sale then the sale will be rescinded and any amount paid in respect of the Lot will be refunded. Provided that the Buyer shall have no right under this Condition if;
27.2.1 The Buyer is not able to satisfy Trevanion & Dean that the Lot is a deliberate forgery on the basis of evidence from experts.
27.2.2 The only method of establishing at the date of publication of the Catalogue that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical, or;
27.2.3 The Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims.
27.3 Any claim by a Buyer under Condition 27.2 shall be limited to any amount paid in respect of the Lot and shall not extend to any consequential loss suffered by him as a result of the Lot being a deliberate forgery.
27.4 The benefit of this Condition shall not be assignable and shall only extend to the Buyer, being the person to whom the original invoice was made out by Trevanion & Dean in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership of that Lot.
28 – Photographs and Illustrations
The Buyer gives Trevanion & Dean the absolute right to use its photographs and illustrations of Lots at any time at Trevanion & Dean’s absolute discretion (whether or not in connection with the auction).
29 – Client Money
Trevanion & Dean will hold any money belonging to the Seller or the Buyer in separately designated client accounts.
30 – Online Bidding
Trevanion & Dean Auctioneers & Valuers offer an online bidding service via www.thesaleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Trevanion & Dean Auctioneers & Valuers you:
1. Authorise Trevanion & Dean Auctioneers & Valuers, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via www.thesaleroom.com, and
2. Confirm that you are authorised to provide these credit card details to Trevanion & Dean Auctioneers & Valuers through www.the-saleroom.com and agree that Trevanion & Dean Auctioneers & Valuers are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via www.the-saleroom.com live auction service will be subject to an additional 4.95% commission charge + VAT at the rate imposed on the hammer price
Please note: Trevanion & Dean Auctioneers & Valuers LLP take great care to ensure that any statements as to attribution, age, date, origin, provenance and condition are reliable and accurate but it should be noted that all such statements are skilled opinions prepared with due care, if provenance (written or historical fact) cannot be produced. However, Trevanion & Dean Auctioneers & Valuers do not guarantee that condition reports, whether included in the catalogue, or given at a later time, cover all aspects of an item(s) condition.
All clocks, watches and mechanical items are sold on behalf of vendors by Trevanion & Dean Auctioneers and Valuers strictly on an “As Found” basis. No guarantee or warranty is issued or given in anyway, either written or verbal and therefore refunds will not be issued on the basis of the Lot not being “in working order”, “incomplete”, or “not in original condition”. Trevanion & Dean Auctioeers & Valuers would respectfully ask that prospective buyers view Lots in person, wherever issues regarding condition are seen as important to them, satisfying themselves as to the condition, completeness and originality of any Lot on which they intend to bid.
DROIT DE SUITE
In accordance with Artists Resale Rights Regulations 2006 all lots marked (^) which sell for 1,000 Euro or more are subject to a resale royalty charge (“Royalty”). This Royalty is payable by the Bidder. The Royalty will be charged at a rate of 4% of the total hammer price (exclusive of Bidder’s premium which is payable under clause 8a) for lots selling for amounts up to 50,000. For lots selling in excess of 50,001, the Royalty shall be calculated at a reduced rate (details available on request). The Royalty is not subject to VAT and is payable in sterling calculated on the day of sale at the prevailing rate of exchange. Payment shall be passed directly to the Design and Artists Copyright Society (DACS) 33 Great Sutton Street, London EC1V 0DX. For further information please contact the Auctioneers or DACS on 0845 4103410 or visit their website at www.dacs.org.uk
Collection and Storage Applicable to Buyers
In accordance with our Terms and Conditions, all lots should be paid for and collected by 5pm on the Friday following the auction. Commission bidders should check the success of their bids and arrange payment and collection, within this time. Trevanion and Dean are open Monday-Friday 9am – 5pm for collections and deliveries.
If you are unable to collect your winning lots in person, Trevanion and Dean offer a limited in-house postage and packaging service for small, non-breakable items. This service can be offered the Monday, Tuesday and Friday following an auction only.
Due to space limitations, bought items not removed by 5pm, 5 days following the auction will be removed to an external storage facility at the purchaser’s expense and charges will be applied as follows:
- £15 + VAT administration/processing charge per invoice
- £15 + VAT per lot, per week (regardless of size)
Goods will not be released to buyers (or their agent) until cleared funds and storage fees have been received in full by Trevanion and Dean.
Once items have been removed to the external store, collection is strictly by appointment only. A minimum of 24 hours’ notice must be given prior to collection. Goods will only be released to the registered buyer. Collection by courier/carriers will only be permitted upon receipt of written instruction from the buyer and with the agreement of Trevanion and Dean.
Bought items not collected within six weeks may be re-sold by Trevanion and Dean (and any financial loss sustained by Trevanion and Dean must be settled by the buyer) or otherwise disposed of at Trevanion and Dean’s discretion. Any financial surplus will belong solely to Trevanion and Dean.
Collection and Storage Applicable to Sellers
All unsold or withdrawn lots must be removed from the premises by the vendor two weeks or ten working days following the auction. Items held or not offered for auction must be removed within four weeks from the date stated on the ‘Sale Instruction, Property Receipt and Contract’. If items are still remaining at Trevanion and Dean four weeks following the auction or contract date, the items will be disposed of without further notice to the vendor.
Trevanion and Dean reserve the right to sell (or otherwise dispose of, at Trevanion and Dean’s discretion) any uncollected lot. We will pay the proceeds of any such sale to you, but will deduct storage charges or other sums that we have incurred in the storage and sale of the lot. We reserve the right to charge you a selling commission at our standard rates on any such sale of the lot.