FOLLOWER OF JAMES CLARKE HOOK (1819-1907), LATE 19TH/EARLY 20TH CENTURY FISHERMAN FIXING THEIR

Important Information for Buyers
All lots are offered subject to 25 Blythe Road Ltd’s Conditions of Business and to reserves. The Conditions of Business for Buyers are published at the end of the printed catalogue.
Estimates are published as a guide only and are subject to review. The actual hammer price of a lot may well be higher or lower than the range of figures given and there are no fixed “starting prices”. A Buyer’s Premium of 20% is applicable to all lots in this sale. The Buyer’s Premium is subject to VAT at the standard rate (currently 20%). Unless otherwise indicated, lots are offered for sale under the auctioneer's margin scheme and VAT on the Buyer’s Premium is payable by all buyers. Lots marked with the symbol ‡ have been imported from outside the European Union (EU) to be sold at auction under Temporary Import Rules. When released to buyers within the EU, including the UK, the buyer will become the importer and must pay VAT at the rate of 5% on the hammer price and 20% on the Buyer’s Premium. Buyers outside the EU will normally be eligible to obtain a refund in respect of temporary import VAT, upon satisfactory documentary evidence of exportation. Further information
on this matter is available on request. 25 Blythe Road Ltd will be pleased to execute bids on behalf of those clients unable to attend the sale in person, subject to our Conditions of Business. All bids must be submitted in writing in good time and lots will always be purchased as cheaply as possible (depending on any other bids received, reserves and competition). This service is offered free of charge. 25 Blythe Road Ltd can supply quotations for shipping of purchases, including transit insurance and VAT refund administration fees, and will assist in the application for any export licences which may be required. Buyers are reminded that it is their responsibility to comply with UK
export regulations and with any local import requirements. Payment is due in sterling at the conclusion of the sale and before purchases can be released. Please note that we
require seven days to clear sterling cheques unless special arrangements have been made in advance of the sale. We are pleased to accept major credit cards (regrettably we are unable to accept American Express), for which a surcharge will be made of 3% of the transaction total. There is no charge for payments made by a UK debit card; however non-UK debit cards will attract a 3% charge. Cash and
Credit card payments, made on the premises, above £6,000 will not be accepted without prior arrangement. Electronic transfers may be sent directly to our Bank. Storage On receipt of cleared funds, lots can be collected from 25 Blythe Road during the auction or immediately after its completion. Thereafter, all purchased lots will be stored at 25 Blythe Road Ltd’s premises. Please note that collection is BY APPOINTMENT on +44 (0) 207 602 4805. All lots should be cleared within two months of the auction date, after which they will be transferred to a third party for storage. A transfer fee of £10 per lot plus all incurred transfer and storage costs due to the third party will be payable prior to release. 25 Blythe Road Ltd’s Authenticity Guarantee. If 25 Blythe Road Ltd sells an item of Property which is later shown to be a “Counterfeit”, subject to the terms below 25 Blythe Road Ltd will rescind the sale and refund the Buyer the total amount paid by the Buyer to 25 Blythe Road Ltd for that Property, up to a maximum of the Purchase Price. The Guarantee lasts for one (1) year after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable. “Counterfeit” means an item of Property that in 25 Blythe Road Ltd’s reasonable opinion is an imitation created with the intent to deceive over the authorship, origin, date, age, period, culture or source, where the correct description of such matters is not included in the catalogue description
for the Property. Property shall not be considered Counterfeit solely because of any damage and/or restoration and/or modification work (including, but not limited to, recolouring, tooling or
repatinating).Please note that this Guarantee does not apply if either:-
(i) the catalogue description was in accordance with the
generally accepted opinions of scholars and experts at the
date of the sale, or the catalogue description indicated that
there was a conflict of such opinions; or
(ii) the only method of establishing at the date of the sale
that the item was a Counterfeit would have been by means
of processes not then generally available or accepted,
unreasonably expensive or impractical; or likely to have
caused damage to or loss in value to the Property (in 25
Blythe Road Ltd’s reasonable opinion); or
(iii) there has been no material loss in value of the Property
from its value had it accorded with its catalogue
description.
To claim under this Guarantee, the Buyer must:-
(i) notify 25 Blythe Road Ltd in writing within one (1)
month of receiving any information that causes the Buyer
to question the authenticity or attribution of the Property,
specifying the lot number, date of the auction at which it
was purchased and the reasons why it is believed to be
Counterfeit; and
(ii) return the Property to 25 Blythe Road Ltd in the same
condition as at the date of sale and be able to transfer good
title in the Property, free from any third party claims arising
after the date of the sale.
25 Blythe Road Ltd has discretion to waive any of the above
requirements. 25 Blythe Road Ltd may require the Buyer
to obtain at the Buyer's cost the reports of two independent
and recognised experts in the relevant field and acceptable
to 25 Blythe Road Ltd. 25 Blythe Road Ltd shall not be
bound by any reports produced by the Buyer, and reserves
the right to seek additional expert advice at its own
expense. In the event 25 Blythe Road Ltd decides to
rescind the sale under this Guarantee, it may refund to the
Buyer the reasonable costs of up to two mutually approved
independent expert reports, provided always that the costs
of such reports have been approved in advance and in
writing by 25 Blythe Road Ltd.
Conditions of Business for Buyers
1. Introduction
(a) The contractual relationship of 25 Blythe Road Ltd and
Sellers with prospective Buyers is governed by:-
(i) these Conditions of Business for Buyers;
(ii) the Conditions of Business for Sellers displayed in the
saleroom and available from 25 Blythe Road Ltd;
(iii) 25 Blythe Road Ltd’s Authenticity Guarantee;(iv) any additional notices and terms printed in the sale
catalogue, in each case as amended by any saleroom
notice or auctioneer's announcement.
(b) As auctioneer, 25 Blythe Road Ltd acts as agent for the
Seller. Occasionally, 25 Blythe Road Ltd may own or have
a financial interest in a lot.
2. Definitions
"Bidder" is any person making, attempting or considering
making a bid, including Buyers;
"Buyer" is the person who makes the highest bid or offer
accepted by the auctioneer, including a Buyer’s principal
when bidding as agent;
"Seller" is the person offering a lot for sale, including their
agent, or executors;
“BR” means 25 Blythe Road Ltd, Auctioneers, 25 Blythe
Road, London, W14 0PD, company number 7982062.
"Buyer’s Expenses" are any costs or expenses due to 25
Blythe Road Ltd from the Buyer;
"Buyer’s Premium" is the commission payable by the Buyer
on the Hammer Price at the rates set out in the Guide for
Prospective Buyers;
"Hammer Price" is the highest bid for the Property accepted
by the auctioneer at the auction or the post auction sale
price;
"Purchase Price" is the Hammer Price plus applicable
Buyer’s Premium and Buyer’s Expenses;
"Reserve Price" (where applicable) is the minimum
Hammer Price at which the Seller has agreed to sell a lot.
The Buyer’s Premium, Buyer’s Expenses and Hammer Price
are subject to VAT, where applicable.
3. Examination of Lots
(a) BR’s knowledge of lots is partly dependent on
information provided by the Seller and BR is unable to
exercise exhaustive due diligence on each lot. Each lot is
available for examination before sale. Bidders are
responsible for carrying out examinations and research
before sale to satisfy themselves over the condition of lots
and accuracy of descriptions.
(b) All oral and/or written information provided to Bidders
relating to lots, including descriptions in the catalogue,
condition reports or elsewhere are statements of BR’s
opinion and not representations of fact. Estimates may not
be relied on as a prediction of the selling price or value of
the lot and may be revised from time to time at BR’s
absolute discretion.
4. Exclusions and limitations of liability to Buyers
(a) BR shall refund the Purchase Price to
the Buyer in circumstances where it deems that the lot is a
Counterfeit, subject to the terms of BR’s Authenticity
Guarantee.
(b) Subject to Condition 4(a), neither BR nor the Seller:-
(i) is liable for any errors or omissions in any oral or
written information provided to Bidders by BR, whether
negligent or otherwise;
(ii) gives any guarantee or warranty to Bidders and any
implied warranties and conditions are excluded (save in so
far as such obligations cannot be excluded by English law),
other than the express warranties given by the Seller to the
Buyer (for which the Seller is solely responsible) under the
Conditions of Business for Sellers;
(iii) accepts responsibility to Bidders for acts or omissions
(whether negligent or otherwise) by BR in connection with
the conduct of auctions or for any matter relating to the
sale of any lot.
(c) Without prejudice to Condition 4(b), any claim against
BR and/or the Seller by a Bidder is limited to the Purchase
Price for the relevant lot. Neither BR nor the Seller shall be
liable for any indirect or consequential losses.
(d) Nothing in Condition 4 shall exclude or limit the liability
of BR or the Seller for death or personal injury caused by
the negligent acts or omissions of BR or the Seller.
5. Bidding at Auction
(a) BR has absolute discretion to refuse admission to the
auction. Before sale, Bidders must complete a Registration
Form and supply such information and references as BR
requires. Bidders are personally liable for their bid and are
jointly and severally liable with their principal, if bidding as
agent (in which case BR’s prior and express consent must
be obtained).
(b) BR advises Bidders to attend the auction, but BR will
endeavour to execute absentee written bids provided that
they are, in BR’s opinion, received in sufficient time and in
legible form.
(c) When available, written and telephone bidding is
offered as a free service at the Bidder’s risk and subject to
BR’s other commitments; BR is therefore not liable for
failure to execute such bids. Telephone bidding may be
recorded.
6. Import, Export and Copyright Restrictions
BR and the Seller make no representations or warranties as
to whether any lot is subject to import, export or copyright
restrictions. It is the Buyer's sole responsibility to obtain
any copyright clearance or any necessary import, export or
other licence required by law, including licences required
under the Convention on the International Trade in
Endangered Species (CITES).
7. Conduct of the Auction
(a) The auctioneer has discretion to refuse bids, withdraw
or re-offer lots for sale (including after the fall of the
hammer) if (s)he believes that there may be an error or
dispute, and may also take such other action as (s)he
reasonably deems necessary.
(b) The auctioneer will commence and advance the bidding
in such increments as (s)he considers appropriate and is
entitled to place bids on the Seller’s behalf up to the
Reserve Price for the lot, where applicable.
(c) Subject to Condition 7(a), the contract between the
Buyer and the Seller is concluded on the striking of the
auctioneer's hammer.
(d) Any post-auction sale of lots shall incorporate these
Conditions of Business.
8. Payment and Collection
(a) Unless otherwise agreed in advance, payment of the
Purchase Price is due in pounds sterling immediately after
the auction (the "Payment Date").
(b) Title in a lot will not pass to the Buyer until BR has
received the Purchase Price in cleared funds. BR will
generally not release a lot to a Buyer before payment.
Earlier release shall not affect passing of title or the Buyer's
obligation to pay the Purchase Price, as above.
(c) The refusal of any licence or permit required by law, as
outlined in Condition 6, shall not affect the Buyer’s
obligation to pay for the lot, as per Condition 8(a).
(d) The Buyer must arrange collection of lots within 10
working days of the auction. Purchased lots are at the
Buyer's risk from the earlier of (i) collection or (ii) 10
working days after the auction. Until risk passes, BR will
compensate the Buyer for any loss or damage to the lot up
to a maximum of the Purchase Price actually paid by the
Buyer. BR’s assumption of risk is subject to the exclusions
detailed in Condition 5(d) of the Conditions of Business for
Sellers.
(e) All packing and handling of lots is at the Buyer's risk.
BR will not be liable for any acts or omissions of third party
packers or shippers.
9. Remedies for non-payment
Without prejudice to any rights that the Seller may have, if
the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, BR may in
its sole discretion exercise 1 or more of the following
remedies:-
(a) store the lot at its premises or elsewhere at the Buyer’s
sole risk and expense;
(b) cancel the sale of the lot;
(c) set off any amounts owed to the Buyer by BR against
any amounts owed to BR by the Buyer for the lot;
(d) reject future bids from the Buyer;
(e) charge interest at 4% per annum above HSBC Bank plc
Base Rate from the Payment Date to the date that the
Purchase Price is received in cleared funds;
(f) re-sell the lot by auction or privately, with estimates and
reserves at BR’s discretion, in which case the Buyer will be
liable for any shortfall between the original Purchase Price
and the amount achieved on re-sale, including all costs
incurred in such re-sale;
(g) Exercise a lien over any Buyer’s Property in BR’s
possession, applying the sale proceeds to any amounts
owed by the Buyer to BR. BR shall give the Buyer 14 days'
written notice before exercising such lien;
(h) commence legal proceedings to recover the Purchase
Price for the lot, plus interest and legal costs;
(i) disclose the Buyer’s details to the Seller to enable the
Seller to commence legal proceedings
10. Failure to collect purchases
(a) If the Buyer pays the Purchase Price but does not collect
the lot within 20 working days of the auction, the lot will be
stored at the Buyer's expense and risk at BR’s premises or
in independent storage
(b) If a lot is paid for but uncollected within 6 months of the
auction, following 60 days written notice to the Buyer, BR
will re-sell the lot by auction or privately, with estimates
and reserves at BR’s discretion. The sale proceeds, less all
BR’s costs, will be forfeited unless collected by the Buyer
within 2 years of the original auction.
11. Data Protection
(a) BR will use information supplied by Bidders or
otherwise obtained lawfully by BR for the provision of
auction related services, client administration, marketing
and as otherwise required by law.
(b) By agreeing to these Conditions of Business, the Bidder
agrees to the processing of their personal information and
to the disclosure of such information to third parties worldwide for the purposes outlined in Condition 11(a) and to
Sellers as per Condition 9(i).
12. Miscellaneous
(a) All images of lots, catalogue descriptions and all other
materials produced by BR are the copyright of BR.
(b) These Conditions of Business are not assignable by any
Buyer without BR’s prior written consent, but are binding
on Bidders' successors, assigns and representatives.
(c) The materials listed in Condition 1(a) set out the entire
agreement between the parties.
(d) If any part of these Conditions of Business be held
unenforceable, the remaining parts shall remain in full
force and effect.
(e) These Conditions of Business shall be interpreted in
accordance with English Law, under the exclusive
jurisdiction of the English Courts, in favour of BR.