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Terms of Sale
Duke's carries on business with bidders, buyers and all those present
in the auction room prior to or in
connection with a sale on the following General Conditions and on such
other terms, conditions and notices
as may be referred to herein.
1 DEFINITIONS
In these Conditions:
(a) “auctioneer” means the firm of Duke’s or its authorised
auctioneer, as appropriate;
(b) “deliberate forgery” means an imitation made with the
intention of deceiving as to authorship, origin,
date, age, period, culture or source but which is unequivocally described
in the catalogue as being the
work of a particular creator and which at the date of the sale had a
value materially less than it would
have had if it had been in accordance with the description;
(c) “hammer price” means the level of bidding reached (at
or above any reserve) when the auctioneer brings
down the hammer;
(d) “terms of consignment” means the stipulated terms and
rates of commission on which Duke's accepts
instructions from sellers or their agents;
(e) “total amount due” means the hammer price in respect
of the lot sold together with any premium, Value
Added Tax chargeable and any additional charges payable by a defaulting
buyer under these Conditions;
(f) “sale proceeds” means the net amount due to the seller,
being the hammer price of the lot sold less
commission at the stated rate, Value Added Tax chargeable and any other
amounts due to us by the seller
in whatever capacity and however arising;
(g) “You”, “Your”, etc. refer to the buyer as
identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2 BIDDING PROCEDURES AND THE BUYER
(a) Bidders are required to register their particulars before bidding
and to satisfy any security arrangements
before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting
the sale shall be the buyer at the
hammer price and any dispute about a bid shall be settled at the auctioneer's
absolute discretion by
reoffering the Lot during the course of the auction or otherwise. The
auctioneer shall act reasonably in
exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Once made, no bid may be withdrawn.
(e) Our right to bid on behalf of the seller is expressly reserved up
to the amount of any reserve and the right
to refuse any bid is also reserved.
3 INCREMENTS
Bidding increments shall be at the auctioneer's sole discretion.
4 THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon
of 19.5% plus VAT on the
premium at the rate imposed by law.
5 VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed
with an asterisk or double
asterisk. Value Added Tax is charged at the appropriate rate prevailing
by law at the date of sale and is
payable by buyers of relevant Lots.
6 PAYMENT
(1) Immediately a Lot is sold you will:
(a) give to us, if requested, proof of identity, and
(b) pay to us the total amount due in cash or in such other way as is
agreed by us.
(2) Any payments by you to us may be applied by us towards any sums
owing from you to us on any account
whatever without regard to any directions of you or your agent, whether
express or implied.
7 TITLE AND COLLECTION OF PURCHASES
(1) The ownership of any Lots purchased shall not pass to you until
you have made payment in full to us of
the total amount due.
(2) You shall at your own risk and expense take away any lots that you
have purchased and paid for not later
than 3 working days following the day of the auction or upon the clearance
of any cheque used for
payment after which you shall be responsible for any removal, storage
and insurance charges.
(3) No purchase can be claimed or removed until it has been paid for.
8 REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
(1) If any Lot is not paid for in full and taken away in accordance
with these Conditions or if there is any
other breach of these Conditions, we, as agent for the seller and on
our own behalf, shall at our absolute
discretion and without prejudice to any other rights we may have, be
entitled to exercise one or more of
the following rights and remedies:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us
to you;
(c) to resell the Lot (by auction or private treaty) in which case you
shall be responsible for any resulting
deficiency in the total amount due (after crediting any part payment
and adding any resale costs). Any
surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at your expense and, in the
case of storage, either at our premises or
elsewhere;
(e) to charge interest at a rate not exceeding 1.5% per month on the
total amount due to the extent it remains
unpaid for more than 3 working days after the sale;
(f) to retain that or any other Lot sold to you until you pay the total
amount due;
(g) to reject or ignore bids from you or your agent at future auctions
or to impose conditions before any such
bids shall be accepted;
(h) to apply any proceeds of sale of other Lots due or in future becoming
due to you towards the settlement of
the total amount due and to exercise a lien (that is a right to retain
possession of) any of your property in
our possession for any purpose until the debt due is satisfied.
(2) We shall, as agent for the seller and on our own behalf pursue these
rights and remedies only so far
as is reasonable to make appropriate recovery in respect of breach of
these conditions
9 THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk
and must note the lay-out of the
accommodation and security arrangements. Accordingly neither the auctioneer
nor our employees or
agents shall incur liability for death or personal injury (except as
required by law by reason of our
negligence) or similarly for the safety of the property of persons visiting
prior to or at a sale.
10 COMMISSION BIDS
Whilst 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 failure to do so save
where such failure is unreasonable. 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.
11 WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you that the seller is the
true owner of the property consigned or
is properly authorised by the true owner to consign it for sale and
is able to transfer good and marketable
title to the property free from any third party claims.
12 AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility
for default by sellers or
buyers.
13 TERMS OF SALE
The seller acknowledges that Lots are sold subject to the stipulations
of these Conditions in their entirety
and on the Terms of Consignment as notified to the consignor at the
time of the entry of the Lot.
14 DESCRIPTIONS AND CONDITION
(1) Whilst we seek to describe lots accurately, it may be impractical
for us to carry out exhaustive due
diligence on each lot. Prospective buyers are given ample opportunities
to view and inspect before any
sale and they (and any independent experts on their behalf) must satisfy
themselves as to the accuracy of
any description applied to a lot. Prospective buyers also bid on the
understanding that, inevitably,
representations or statements by us as to authorship, genuineness, origin,
date, age, provenance, condition
or estimated selling price involve matters of opinion. We undertake
that any such opinion shall be
honestly and reasonably held and accept liability for opinions given
negligently or fraudulently. Subject to
the foregoing neither we the auctioneer nor our employees or agents
nor the seller accept liability for the
correctness of such opinions and all conditions and warranties, whether
relating to description, condition
or quality of lots, express, implied or statutory, are hereby excluded.
This Condition is subject to the next
following Condition concerning deliberate forgeries and applies save
as provided for in paragraph 6
“information to buyers”.
(2) Private treaty sales made under these Conditions are deemed to be
sales by auction for purposes of
consumer legislation.
15 FORGERIES
Notwithstanding the preceding Condition, any Lot which proves to be
a deliberate forgery (as defined)
may be returned to us by you within 21 days of the auction provided
it is in the same condition as when
bought, and is accompanied by particulars identifying it from the relevant
catalogue description and a
written statement of defects. If we are satisfied from the evidence
presented that the Lot is a deliberate
forgery we shall refund the money paid by you for the Lot including
any buyer's premium provided that
(1) if the catalogue description reflected the accepted view of scholars
and experts as at the date of sale or
(2) you personally are not able to transfer a good and marketable title
to us, you shall have no rights under
this condition.
The right of return provided by this Condition is additional to any
right or remedy provided by law or by
these Conditions of Sale.
16 GENERAL
We shall have the right at our discretion, to refuse admission to our
premises or attendance at our auctions
by any person.
(1) any right to compensation for losses liabilities and expenses incurred
in respect of and as a result of any
breach of these Conditions and any exclusions provided by them shall
be available to the seller and/or
the auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be
for the benefit of employees and
agents of the seller and/or the auctioneer who may themselves enforce
them.
(3) Any notice to any buyer, seller, bidder or viewer may be given by
first class mail or Swiftmail in which
case it shall be deemed to have been received by the addressee 48 hours
after posting.
(4) Special terms may be used in catalogue descriptions of particular
classes of items in which case the
descriptions must be interpreted in accordance with any glossary appearing
at the commencement of the
catalogue.
(5) Any indulgence extended to bidders buyers or sellers by us notwithstanding
the strict terms of these
Conditions or of the Terms of Consignment shall affect the position
at the relevant time only and in
respect of that particular concession only; in all other respects these
Conditions shall be construed as
having full force and effect.
(6) English law applies to the interpretation of these Conditions.
Duke’s does not accept liability for failing to describe any alterations, or additions, to a lot,
which is concealed by upholstery, gilding, or painted decoration.
THIRD PARTY LIABILITY
Any person or his personal property at Buckland Newton Place, or on the auctioneers premises before, during, or after the sale,
shall be deemed to be there at his own risk and he shall have no claim against the Auctioneers in respect of any injury
he may sustain or any accident which may occur.
Auction Date | Tuesday, 11th December, at 11am
Contact Details
Duke's
The Dorchester Fine Art Saleroom
Weymouth Avenue
Dorchester
Dorset
DT1 1QS
UK
Tel: +44 (0) 1305 265 080
Fax: +44 (0) 1305 260 101
Email: enquiries@dukes-auctions.com
Viewing days and the auction
Tel: +44 (0) 1300 345 259
Mob: +44 (0) 7778 523 962 |