A Ruth Duckworth stone pottery part tea

Terms & Conditions of Sale 

1. Every Auction and these Conditions of Sale, together with the foregoing Glossary of certain Terms & Conditions, shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts
2. The Company acts as Agent only in respect of goods delivered for the purpose of sale by Auction
3.  The arrangement and display of goods is often such that special care should be taken both by visitors and those in their charge: and while the Auctioneers do their best to minimise risks, people attending on the premises under the conduct of the Auctioneers – whether at their Auction Rooms or elsewhere – shall be deemed to be on the land and premises at their own risk. They shall have no claim whatsoever against the Auctioneers, their principals or contractors, in respect of the cancellation/postponement of an Auction or any loss, accident or injury, however occasioned, save insofar as the same is proven to be caused by the direct negligence of the Company or one of its contractors
4. People handling lots do so at their own risk and shall make good all loss or damage, however sustained. Estimates of costs will be assessed by the Auctioneers, whose decision shall be final
5. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions, website information and other publicity; but except where specifically instructed so to certify by a Seller, declare that all statements, oral or in writing, are those of opinion only, made innocently, without responsibility and shall not give rise to any action in law by a Buyer, against any Seller, the Auctioneers or their contractors, for damages, compensation or rescission of a transaction
6. Many lots are of an age or nature which preclude these being in pristine condition. Some catalogue descriptions may make reference to damage and/or restoration; however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others
7. Prospective Buyers should satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size and general descriptions, as lots are sold as seen with all faults, imperfections or errors of description
   This condition shall particularly apply to absentee prospective Buyers who should not rely upon third party reports, be they made by the Auctioneers or others; as mis-descriptions and/or failure to discern the condition of lots shall not allow entitlement to compensation or rescission of a transaction
8. Electrical and mechanical goods are offered subject to the strict conditions set down in the foregoing Glossary of certain Terms & Conditions
   Prospective Buyers are reminded that when inspecting/attempting to test such lots, they do so at their absolute risk and without any responsibility whatsoever, on the part of the Seller, the Auctioneers or their contractors
9. The sale of second-hand upholstered furnishing are strictly regulated by Fire Safety regulations and offered subject to the conditions set down in the foregoing Glossary of certain Terms & Conditions
10. In making bids, Buyers acknowledge their attention has been drawn to and accept these Terms & Conditions of Sale and the foregoing Glossary of certain Terms & Conditions and are satisfied as to the description and condition of lots
11. Lots are sold subject to any announcement, declaration, alteration of description or other matters, made by the Auctioneers prior to the invitation of bids
12. Once made, no bid shall be withdrawn and at the fall of the hammer, the highest bid acknowledged by the Auctioneers shall constitute a legally binding contract and any subsequent dispute shall be settled by the Auctioneers whose decision shall be final
13. No lots shall be transferred and unless previously agreed with the Auctioneers and confirmed by the latter in writing, where a bidder purports to act as an agent for a Buyer, that representative shall be deemed to be acting as principal and shall be responsible for any payment and every subsequent default
14. The Auctioneers may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the Seller, where there is a reserve price or at their authorised discretion
15. The Buyer shall give his/her name and contact details (and permanent place of abode, if requested) and upon failure to do so, the Auctioneers may immediately cancel the transaction and offer the lot again, at their sole discretion
16. undefinedAs Agents only, the Auctioneers shall not be responsible for default on the part of Sellers or Buyers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneers, in appropriate circumstances, to enforce the sale contract if they think fit
17. The Contract of Sale is made with the Auctioneers, as Agents for the Seller and payment shall only be made to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Buyer until full payment has been received
18. Cheques are not accepted as a method of payment but settlement may be made in cash (subject to prevailing limits imposed by money laundering legislation) or in person by the cardholder only, by credit card (subject to a small, published surcharge) debit card or electronic bank transfer. For security reasons, payment is not accepted by telephone or e-mail
19. At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Buyer, including those of fire, burglary, theft etc., and damage occasioned to lots by the removal of other goods
20. Buyers shall pay for and remove lots at their own risk and expense immediately following the Auction or at the latest by 11.30 am on the Saturday following the Auction; after such time they shall be subject to a daily charge if £1 per lot, plus VAT, and where applicable, interest on outstanding accounts will be levied at 5% above TSB Minimum Lending Rate. Such additional charges being subject to the foregoing conditions regulating payment and no lots shall be released to a Buyer until any excess charges have been paid. In any event, the Auctioneers reserve the right to resell uncollected lots by Auction or Private Treaty and at their absolute discretion, they may warehouse goods at a Buyer’s expense. In all cases, the Auctioneers may act without notice and any incidental expenses incurred will become the responsibility of the defaulter
21. Notwithstanding any other terms in these Conditions of Sale and the foregoing Glossary of certain Terms & Conditions, if within seven days of an Auction, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or other printed material) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers, in the same condition as it was at the time of the Auction – and by producing evidence, the burden of proof to be upon the Buyer (as are any incidental costs incurred providing such proof, together with any packing, carriage and associated expenses) satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund purchase monies received by them. This benefit is not assignable
    In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Auction was in accordance with the then general opinion of experts or it fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable
22. The Auctioneers are prepared to accept absentee commission bids on behalf of intending Buyers, unable to attend at the time of the Auction (minimum bid £10) providing requests are made in writing and are received and acknowledged by the Auctioneers, not later than half an hour before the commencement of an Auction. This service is undertaken free of charge but without responsibility on the part of the Auctioneers, who shall not be liable for any losses or expenses incurred as a result of failure to execute absentee bids, for whatever cause
    The Auctioneers extend this same disclaimer of responsibility in respect of telephone bids, howsoever circumstances arise whereby the communication between them and a prospective bidder fails
23. A Buyers Premium of 15% plus VAT thereon is levied on each and every lot
24. Buyers should make their own enquiries with the Auctioneers and/or elsewhere, to establish if a particular work of art is likely to be subject to any levy due under Artist’s Resale Right (Droite de Suite) legislation, as where applicable, this shall be payable by the Buyer and due as part of the total purchase monies. For details refer to www.dacs.org.uk