Matthew Boulton - an unusual George III Old Sheffield plate mechanical chamberstick, the campana

BIDDING GUIDE

Bamfords Auctioneers make bidding easy and accessible, below is a simple guide to the various ways you can bid at our auctions.  Lot(s) purchased will incur Buyer’s Premium and standard VAT charges.

BAMFORDS WEBSITE – LIVE BIDDING, AUTOBIDS & ABSENTEE BIDS

Bid live with One Click bidding, leave AutoBids & Absentee Bids, get FREE emailed auction alerts and manage wish lists, won lots and bids. The online bidding platform combines market-leading technology with the excitement of a live auction and allows you to bid from anywhere in the world.

 

If bidding is reliant upon your items being posted by our inhouse service, please contact the saleroom prior to bidding to ensure we are able to fulfil your requirements. See Terms 4.9.

 

BID IN PERSON

We welcome you to our Saleroom to bid in person. To bid in person at auction, please register in advance for a bidding paddle by filling out and submitting a registration form at our reception on the day of the sale. When registering in person we require photo ID, such as a passport or driving licence.

 

TELEPHONE BIDDING

We welcome telephone bids on lots with an estimate above £300.  If you would like to place a telephone bid email our team at least 24 hours before the start of the auction.  On the day of the auction, we will telephone you and place bids on your behalf with the auctioneer.

If you are interested in placing a telephone bid please email our team at least 24 hours before the start of the auction.

 

ABSENTEE BIDS

You may submit an absentee bid with our administrative staff and we will bid on your behalf at the lowest possible price up to your limit. 

Please call into the saleroom or send an email regarding the lots you are interested in, at least 24 hours before the auction.

ONLINE BIDDING

We partner with third-party online bidding platforms including The Saleroom . These platforms can be used to place bids at our auctions. Please see below for more information on the associated fees with online bidding.

The Saleroom www.the-saleroom.com attracts an additional charge of 5.5% plus VAT on the hammer price of each lot purchased.

 

 

 

 

 

Terms & Conditions For Buyers

 

DURING THE SALE

1. BEFORE THE SALE

 

1.1              Agent for the seller

The Auctioneer, Bamfords Auctioneers & Valuers Ltd, hereafter referred to as Bamfords, acts as agent for the seller.  The contract for sale of property is therefore made between the Seller and the Buyer, and as such, Bamfords is not responsible for any default by Seller or Buyer.

 

1.2              Definitions

For the purposes of the current Terms and Conditions, the Seller shall be defined as the owner of the Goods. It is implied that the Seller is the legitimate owner and is authorised to sell the Lot.

 

The Bidder is any registered person participating in the auction, and the Buyer is the successful Bidder for a particular Lot. 

 

The Lot means the item(s) put up for sale by Bamfords Auctioneers and Valuer Ltd and to which the present Terms and Conditions apply. 

 

Hammer Price is the price at which a lot is knocked down by the Auctioneer to the buyer.

 

Balance Due is the hammer price in respect of the lot sold together with any premium, value added tax chargeable and additional charges and expenses, e.g. storage charges and insurance, in pounds sterling.

Sale Proceeds is the net amount due to the seller being the hammer price of the lot sold less commission at the stated rate and expenses and any other amounts due to the Auctioneers from the seller.

 

 

1.3       Catalogue Descriptions

Any representation or statement by the Auctioneers in any catalogue as to ownership, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only and the Auctioneers, their servants or agents hereby disclaim responsibility for the correctness of such opinions.

Any prospective Buyer should satisfy themselves prior to the sale as to the reliability of the catalogue description. 

The absence of mention related to prior restorations in the catalogue descriptions does not imply that the item is exempt thereof. 

Photographs of any Lot provided are for indicative purposes only and are not deemed to be a precise representation of the said Lot. 

The Buyer is advised to seek independent expert advice in order to be assured of the authenticity and true state of the lot.

Bamfords Auctioneers and Valuers Ltd. reserves the right to reproduce illustrations and to publish sale results.

 

1.4       Inspection 

Prior to auction, prospective purchasers are strongly advised to personally examine any item(s) in which they are interested to satisfy themselves in relation to matters which may concern them. 

 

1.5       Condition report 

Goods sold are not new and all goods are sold with all faults and imperfections and errors of description. Illustrations in the catalogue and any other illustrations provided are for identification only; colours and appearance may differ from the actual item(s) due to the limitations of the printing process and screens.  We try extremely hard to ensure our photos are as life-like as possible, but please understand the actual colour may vary slightly from your screen or our published images.

Bamfords Auctioneers 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, if provenance (written or historical fact) cannot be produced.

While indications of condition are given in some lot descriptions, an absence of such advice does not imply that a lot is free from defect, restoration or alteration. Prospective bidders must satisfy themselves as to the condition of a lot prior to bidding. Our staff can provide condition reports for those unable to attend our rooms.

In the absence of any contractual value of the Condition report, it is the Buyer’s sole duty to inspect in person the Lot in order to be assured of its true condition and we shall not be responsible for assertions within the Condition Report hereto.  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”.
 

This Condition Report is for identification purposes only and cannot be considered as giving a precise account of the Lot’s true state. Thus, some imperfections and faults may not be accounted for in the Condition Report. 

Please note, Bamfords Auctioneers 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.
Bamfords will continue to do written condition reports as a guide but would respectfully ask that you do view in person and satisfy yourself regarding condition particularly where certain aspects of condition are personally important, Please ensure that you do satisfy yourselves as to the condition, completeness and originality of any Lot prior to making a bid.

Neither the Auctioneers nor the seller, nor their servants and agents, are responsible for errors of description or for the authenticity of any lot.

Neither the Auctioneers nor the seller, nor their servants and agents, give any warranty whatsoever other than hereinafter contained to any buyer in respect of any lot; any express or implied conditions or warranties are hereby excluded.

Measurements.  All measurements and weights provided in lot descriptions should be considered approximate.

1.6       Catalogue Amendments. 

It is important for prospective bidders to check the latest version of the catalogue prior to the sale for any changes which may affect lots on which they intend to bid. 

 

1.7       Electrical Goods 

Goods offered for sale which were once operated by electricity may not comply with statutory requirements and are offered for sale for display and historical research purposes only; these goods are not suitable for connection to the mains electricity supply. It is imperative that anyone wishing to use these goods for their original purpose have them checked by a qualified electrician prior to such use.

1.8       Estimates 

Estimates are based on various factors inherent to the situation of the market at the time of the sale, as well as considerations such as the condition, rarity, or quality of the item etc. Estimates are only indicative and represent the opinion of Bamfords Auctioneers. Estimates provided by Bamfords Auctioneers cannot constitute a guarantee as to the value of the good. Subsequently, goods may sell at prices lower or higher than the provided estimates. 

 

1.9       Reserves 

Lots entered into this sale are subject to Reserve Prices.  Many Lots are offered subject to a reserve, which is the confidential minimum sale price. The reserve will never exceed the low estimate printed in the catalogue. Bamfords Auctioneers may open the bidding on any Lot below the reserve by placing a bid on behalf of the seller, and may in their discretion continue to bid up to the reserve price. This can be achieved by bidding in response to other bidders or alternatively by placing consecutive bids.  

 

1.10     Registration to the sale 

New bidders will need to register prior to the sale. It is strongly advised bidders register at least 24 hours before the sale. Registration thereafter shall be at the auctioneer’s entire discretion. 

International bidders may be required to register 48 hours before the sale and to submit bank details. 

A deposit may be requested prior to each sale. 

Failure to register shall result in the impossibility for the bidder to purchase a Lot. 

 

1.11     Proof of identity

Bidders not previously known to Bamfords Auctioneers will be required to provide: 

 • Official proof of identity in the form of a passport or photocard driving licence. No other forms of ID are acceptable. 

• Proof of address of main residence. Only official documents showing name and address will be accepted. 

• Both landline and mobile telephone numbers 

• A bank reference for foreign bidders may be requested 

• Corporate clients will have to provide a certificate of incorporation prior to the auction, along with the representative’s ID in accordance with the abovementioned requirements for proof of identity.

. A valid debit or credit card details as security 

 Any Bidder that does not match the provided identity for registration may not purchase during the sale. 

 

1.12     Damage

Where a member of the public causes damage to a lot (or part thereof) the Auctioneers reserve the right to:

1. sell the aforementioned without reserve and to hold that specific individual liable for the amount of any difference between the hammer price and the reserve or lower estimate, whichever be the higher; or
2. hold that specific individual liable for the cost of restoration where appropriate; or
3. hold that specific individual liable for the full amount of the reserve price or lower estimate, whichever be the higher.

N.B. Except where full payment has been made under Condition 4 title to the lot will remain solely with the seller. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DURING THE SALE

 

2.         DURING THE SALE

2.1       Attendance at auction 

Attending the auction in person is recommended. 

Bamfords Auctioneers has the right at their absolute discretion to refuse participation in any auction, to reject any bid, and to refuse admission to the premises. 

Bidders are not obliged to be present in person at the auction.

Absentee bidders shall be required to make necessary arrangements with Bamfords Auctioneers prior to the sale. 

By participating in this sale, the bidder agrees to be bound by Bamfords Auctioneers and Valuers Ltd conditions of business. Any buyer acting for any person who is not bidding shall be jointly and severally liable with that person for satisfaction of all arising obligations and liabilities, with the exception of the Auctioneers where they are acting on behalf of commission or other bidders.

2.2       Personal bidding

Bidding in person in the room - All intending bidders in person are required to register for a paddle bidding number with the Bamfords Auctioneers prior to the auction. Bidders new to the salerooms will be required to complete a paddle registration form available at the Reception and will be required to present proof of identity, proof of address and details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. The Auctioneer will not accept bids from a bidder in the room who has not registered for a paddle number. When a buyer is successful, the buyer will hold the paddle aloft and the Auctioneer will record the paddle number as the buyer of the lot.

 

2.3       Commission Bids

Any person unable to attend the auction may request the Auctioneer to bid on their behalf. This service is free of charge. Bidding forms will be available so that clients may complete these fully. These should be handed in at the Accounts Office. All commission bidders will be required to supply proof of identity, proof of address and/or details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. Commission bidders are urged to ascertain whether or not they have been successful on the day of the sale or on the day following the sale. Lots will be purchased by the Auctioneer on behalf of the commission bidder for the lowest price allowed by other bids and/or reserves if any, up to and including their maximum bid amount recorded. ’Buy’ bids will not be accepted by the Auctioneers. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute commission bids, or where a bidding slip has been completed incorrectly. We urge commission bidders, therefore, to ensure that the correct lot number(s) and price(s) are recorded on their bidding forms.

2.4       Telephone Bids

Any person unable to attend the auction may request to bid on a specific lot by telephone. This facility is only available by prior arrangement with the Auctioneers, is dependent on the availability of telephone lines, and is only available on lots carrying a lower estimate of at least £300 (e.g. catalogue estimate £300-500). All telephone bidders will be required to supply proof of identity, proof of address and/or details of a valid debit or credit card in their name, which details may be retained on file by the Auctioneers and used to secure payment for purchased lots. The Auctioneers cannot accept responsibility for any neglect or default in executing or failing to execute telephone bids.

 

2.5       Internet Bids

Some sales may be available to internet bidders, as well as personal attendance. In this event, Bamfords Auctioneers shall not be held responsible for issues affecting connection.

In addition to having our own in-house online bidding platform, sales are also offered with online live bidding by third party platforms available via

Sales are offered with online live bidding at

The Saleroom www.the-saleroom.com attracts an additional charge of 5.5% plus VAT on the hammer price of each lot purchased.

Bamfords Auctioneers is not responsible for any issues that may arise during registration or utilising said platforms. Bamfords Auctioneers encourages prospective bidders to bid directly with Bamfords Website or via traditional direct in-house means wherever possible.

2.6       Bidding on behalf of someone 

A Buyer may bid by proxy. In this event, proof of identity of both the Buyer and the proxy must be communicated to Bamfords Auctioneers prior to the sale. A copy of the mandate shall also be required. 

2.7       Bidding on an item 

The bidding increments will be at the sole discretion of the Auctioneer. 

2.8       Video transmission 

For the purpose of the sale, Lots may be displayed on video during the auction. In the event of transmission issues, Bamfords Auctioneers shall not be held responsible for any subsequent outcome

2.9       Online-only auctions 

Some auctions may only be available to bidders via an online platform sale. In this event, Buyers have a 14 day period from the receipt of goods to withdraw from the sale, in accordance with EU Consumer Law. This returns policy relates only to lots where physical viewing of lots prior to sale is not offered by Bamfords Auctioneers. 

2.10     Dispute resolution during the auction 

Any dispute shall be settled at the auctioneer’s absolute discretion. Under no circumstances will a sale be cancelled after the fall of the hammer, except at the auctioneer’s entire discretion. 

 

3          CONTRACT FORMATION AND EFFECTS 

3.1       Contract of sale 

The contract of sale is between the Buyer and the Seller. 

The Buyer shall be the bidder at the highest price at the fall of the hammer. The sale is deemed complete once the auctioneer announces its completion by the fall of the hammer and the contract shall be binding thereafter between the Buyer and the Seller and Bamfords Auctioneers. 

When a Buyer purchases multiple Lots, each Lot is the subject of a separate contract of sale. 

3.2       Transfer of property 

Ownership of a purchased lot shall not pass to a buyer until full payment of the ’total amount due’ has been made to the Auctioneers. This includes any fees due in respect of any storage and administrative charges incurred.

3.3       Transfer of risks 

Responsibility for risk, loss or damage to any lot falls to the bidder upon the fall of the hammer or, if the lot is purchased privately, to the purchaser on the day when the contract is made. The Auctioneers are not liable for any loss or damage occurring to a lot during clearing. Buyers may accept assistance from Bamfords Auctioneers and Valuers Ltd. staff members during clearing, but any loss or damage occurring to lots will be at the buyers’ risk.

 

3.4       Cancellation of the sale 

At the fall of the hammer, the contract is formed between the Buyer and Bamfords Auctioneers and is binding thereafter. 

Under no circumstances can the Buyer cancel the sale. 

The Auctioneer has the right at his absolute discretion without giving any reason to refuse any bid, to advance the bidding as he may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of a dispute, the Auctioneers reserve the right to re-offer any lot.

Bamfords Auctioneers may at its entire discretion, during or after the auction, cancel the sale of the Lot or reoffer and resell the Lot if it becomes aware of any error or dispute of any nature, whether or not title has passed to the Buyer, and up to a period of 6 months after the said sale. 

Grounds for cancellation under the present section shall include but not be limited to any dispute relating to the attribution or provenance of the Lot, ownership and title, fraud or deceit, lack of relevant licences or certificates, any subsequent changes in domestic or international legislations restricting the sale or export of goods etc.

In the event of internet-only auctions (where there are no offered advanced physical viewing times), the Buyer shall have a 14 day right to retract, after receipt of the Lot, under EU Consumer Law. 

Public auctions are not covered by this right to retract. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFTER THE SALE

 

4.         AFTER THE SALE

4.1       Payment

All purchased lots must be paid for on the day of the auction.  Commission bids must be paid for no later than the day after the auction. After this period, the Auctioneers reserve the right to cancel any sale at their sole discretion or to re-offer lots for which payment has not been received in a future sale without reserve. In this latter event, the original bidder will be held liable for any shortfall between the selling price at re-offer, plus expenses, and the total amount due on their unpaid account.

Payment in person at the saleroom – we only accept GB Pounds up to the limit of £500 and Debit Card payments up to the limit of £2,500. Buyers will be held liable for any expenses arising from their method of payment.   Bamfords do not accept credit cards or cheques.

Payment by card - We accept debit bearing the ’VISA’, ’V PAY’, ’MasterCard’, ’Maestro’, ’Discover’ symbols.

Payment over the phone, card-not-present transactions., - the maximum payment accepted over the phone is £2,500. Multiple card-not-present payments to cover an invoice total in excess of £2,500 are not accepted. Card-not-present transactions are subject to our compliance requirements and are only accepted from buyers whose cards are registered to a UK address which receives a full AVS match (Address Verification System). It is not possible to make card-not-present payments by V PAY card.

Payment on-line – we accept on-line payments by Debit Card, Credit Card or Bank Transfer.

Bamfords adheres strictly to the current anti-money laundering regulations and reserves the right to refuse payment or cancel any lot, should suspicion or evidence of regulation infringement arise.  The 2020 guidelines reference ‘Art Works’, but are as yet to be fully defined.  As such, Bamfords reserves the right to adapt buying/selling rules at any time, in order to maintain compliance.

As of 2020, new directives also extend to other forms of payment where the amount is in excess of 10,000 Euros and this may require further information sharing covering both buyers and sellers.

Should we encounter contravention of said regulations or are unable to bring buyers/sellers into line with said regulations through advice and support, Bamfords reserves the right to cancel any lot transaction and offer said lots to underbidders and where applicable will notify the relevant authority of the suspected contravention if deemed intentional.

PLEASE NOTE : When making a payment all payments must be made in full in one transaction from the account relating to the registered person, no third party payments will be accepted.  Prior to bidding please ensure that the details registered relate to the Bank that funds will be coming from.

Our bank details for transfers

International Bank Account Number GB04HBUK + Sort Code 401915  Account no. 93665127

Branch Identitifier Code HBUKGB4104B   SWIFT Code MIDLGB22 International Bank Account Number GB04HBUK40191593665127

Sort Code 401915  Account no. 93665127)

 

4.2       Buyers Premium

A Buyer’s Premium of 24.75% plus VAT on Country Home and Contemporary Auctions; 24.75% on Fine Art and Specialist Auctions on the hammer price is payable on all purchased lots. (The VAT rate may alter and will be levied at the appropriate rate.) Any lots marked with an asterisk (*) will, in addition, be subject to VAT at the appropriate rate on the hammer price.  Please be aware that for Fine Art, Single Owner and Specialist auctions there is a minimum charge of £10 + VAT per lot

 

4.3       Online Bidding Surcharges

Customers bidding through Bamfords Website do so at no additional surcharge in addition to the Buyer’s Premium on the hammer price, plus VAT.

Customers bidding through the third-party auction platform thesaleroom.com are liable for a 5.5% surcharge on the hammer price, plus VAT. This is in addition to the Buyer’s Premium.

 

 

4.4       Taxes

VAT is payable on the buyer’s premium, and for some lots, VAT is payable on the hammer price. The successful bidder will be responsible to ascertain and pay any applicable taxes including VAT, sales tax or any equivalent tax arising on sale of a particular lot.

With effect from 1st January 2021 (Post Brexit), Private individual buyers based outside UK will now be charged VAT at the applicable rate and will not be able to claim a VAT refund.

Trade clients based outside UK and who arrange for their own shipping can get the VAT refunded if all the below conditions are met:
1. Have registered to bid with an address outside of the UK
2. Provide immediate proof of export out of the UK within 90 days from the date of the auction

Please note, we charge an administrative fee of £35 per invoice to check export documents and arranging VAT refunds. VAT refunds will be done to the original method of payment used by the buyer.

No VAT will be refunded where the total VAT on an invoice is under £70.

Trade clients based outside UK and who arrange shipping with our recommended shipper Mailboxes can get the VAT taken off the invoice prior to making payment. In order to do this, you must email a confirmation of shipping with Mailboxes. If you cancel or change the shipping with our recommended shipper, we will issue a revised invoice charging all applicable taxes.

 

4.5       Artist Resale Rights / Droit de Suite 

Lots marked with ‘ARR’ may be subject to a levy. 

Droit de Suite is a royalty payable to a qualifying artist or to the artist’s heir each time a work is resold during the artist’s lifetime and up to a period of 70 years after the artist’s death. Royalties are calculated on a cumulative sliding percentage scale based on the hammer price excluding the buyer’s premium. The royalty does not apply to Lots selling below the sterling equivalent of €1,000 and the maximum royalty payable on any single Lot is the sterling equivalent of €12,500. 

Royalties for Droit de Suite are as follows: 

 

• From 0 to €50,000 4% 

• From €50,000.01 to €200,000 3% 

• From €200,000.01 to €350,000 1% 

• From €350,000.01 to €500,000 0.5% 

• Exceeding €500,000 0.25% 

 

4.6       Remedies for non-payment

If the Buyer fails to make full payment in cleared funds within the time required as aforementioned, Bamfords shall be entitled to exercise any one or more of the following rights or remedies additional to such other rights or remedies available;

To cancel the sale

To resell the Lot on such terms by auction or otherwise entirely at Bamfords discretion. The Buyer will be liable for costs including legal fees incurred in the sale and will remain liable for any shortfall arising up on sale.

To offset against any sums which Bamfords may owe the Buyer the outstanding sums unpaid by the said Buyer.

Where the Buyer owes sums to Bamfords in respect of different transactions, to discretionarily apply any sums paid by the Buyer for discharge of any owed sums.

To refuse entry to the buyer at any future auction and/or reject any future bids by the Buyer and/or to seek a deposit from the Buyer is entirely at the discretion of Bamfords.

To exercise lien over the Buyer’s property in the possession of Bamfords as collateral for any outstanding sums owed and to exercise all the rights and remedies of a person holding security over any such property, whether by way of pledge, security interest or in any other way to the extent permitted by Law.

To commence legal proceedings for the recovery of the total amount due together with interest, legal fees and costs.

To take such action as is permissible by Law and at the discretion of Bamfords.

4.7       Collection

It is the buyer’s responsibility to collect all purchases or arrange for their collection by a third-party carrier. Purchased lots can be collected from the auction room after the sale has ended or between 9am and 5pm no later than five working days after the sale date, lots are no longer covered by Bamfords own insurance after this time.  (Any exceptions to these terms will be advertised in specific sales such as auctions held off site)  Any delay in collection must be communicated clearly to Bamfords in advance of the collection deadline and Bamfords reserves the right to impose charges thereafter at its discretion.

 

4.8       Storage

Free storage of all purchased lots will be provided for five working days following the sale; thereafter a storage and handling charge of £5.00 plus VAT per lot per day for small single lots and £10.00 plus VAT per lot per day for larger items and lots containing multiple items will be levied upon the buyer, as will all carriage charges incurred by the Auctioneers in having goods removed to storage.

In reference to the above term, all purchased lots uncollected after five working days of the sale will be transferred to the storage facilities and will be subject to the storage and handling charges.  No lots will be released until carriage and storage charges have been paid, storage charges will appear as amounts due on the lots on your invoice.

In accordance with the Law, Bamfords Auctioneers have the right to sell the purchased Lot to recover payment of storage charges outstanding. Any proceeds of sale received after payment of all sums outstanding and due to Bamfords Auctioneers shall be held for the account of the Buyer.

 

4.9       Carriage.

Any carriage costs that may arise subsequent to the sale shall be at the Buyer’s expense

We do not provide a carriage service for any purchased lots.  We can however, provide contact details for third-party carriers who may be able to assist.

For carriage between our salerooms Charterwells can assist you. Please contact our reception for details.

Postage & Packing.

Bamfords do not provide a packing service for customers own couriers.

Bamfords do not offer postage internationally, we can offer postage to UK addresses on items of a small and non-fragile nature, our minimum charge is £25.00 for Royal Mail service, most items are packed and posted within 2 weeks of receipt of payment. Please be aware we cannot offer postage of jewellery, watches, weapons, ceramics, lighters, paintings & pictures, this list is not exhaustive, therefore, please make enquiries with Bamfords first.  Postage via Royal Mail Special Delivery offers compensation for the hammer price of the lot/s and the postage value, please note this is not a fully insured service.

We can recommend our local Mailboxes or Charterwells for packing and posting services. For furniture and larger items we have a list of recommended carriers.  Contact the saleroom with enquiries.

No lots will be released to a third-party carrier without first being paid for in full.

 

4.10     Loss or Damage 

Bamfords Auctioneers does not accept liability for loss or damage occurring to Lots after the sale. Bamfords Auctioneers will use reasonable efforts when handling Lots, but shall not be responsible for any loss or damages that may occur whilst the said Lot is in any third party’s care

 

4.11     Export restrictions

Certain property sold at auction may be subject to laws governing export from the country where it was purchased and imported into another country. It is the buyer’s responsibility to be aware of these restrictions and obtain any relevant licenses.

Bamfords Auctioneers cannot be held responsible if the Buyer’s application for an export permit is unsuccessful. Subsequently, in the event of failure thereof, Bamfords Auctioneers shall not permit cancellation or rescission of the sale. 

 

4.12     CITES

Import and export restrictions 

Certain endangered species are listed in the CITES Convention. Listed specimens and any parts or products thereof are subject to issuance of an export permit when leaving the European Union. 

Appendix I species, are also subject to issuance of a prior import permit from the country into which the goods are to be imported. Such permits are necessary before applying for export permits and it is the Buyer’s duty to initiate the proceedings with the relevant authority. 

The Buyer must be aware that certain countries prohibit the import of some species or any parts or products derived thereof. For example, the United States prohibit all import of African elephant ivory and any item containing parts that may merely resemble African elephant ivory must be accompanied by relevant documentation stating it is not the latter. 

Worked items that are dated before 1947 are exempt from import restrictions for intra-EU trade and shall not require export licences. 

 

4.13     Limitation of liability regarding CITES export licenses 

Bamfords Auctioneers cannot be held responsible if the Buyer’s application for an export permit is unsuccessful. Subsequently, in the event of failure thereof, Bamfords Auctioneers shall not permit cancellation or rescission of the sale. 

 

4.14     Warranties 

Bamfords Auctioneers does not provide the Buyer with warranties relating to any Lot, unless required by Law. 

 

4.15     Authenticity warranty 

In the event of a Lot being sold as authentic under the catalogue description and the Buyer provides evidence in the form of a written report by a recognised expert or test results that the said Lot is not authentic, Bamfords Auctioneers will refund the purchase price. 

The Buyer shall give notice to Bamfords Auctioneers within 28 days from knowledge or any event giving reasons for suspecting that the item is not authentic, and within one year of the said sale. Any claim thereafter shall not be receivable. For the purposes of the present paragraph, authenticity shall be defined as the state of a Lot that is genuine and not a forgery or a copy. 

 

5.         ANTIQUITIES AND TRIBAL ART 

 

5.1       Import and export restrictions and regulations 

Archaeological goods over 100 years old, unless covered by exemption of limited scientific interest, will require an EU Licence for export to a third country, regardless of their value. 

It is recommended that the Buyer contact the Export Licensing Unit at Arts Council England in order to be assured the item(s) is or is not of limited archaeological or scientific interest. 

Archaeological goods found on United-Kingdom soil or in UK territorial waters over 50 years of age shall require a UK Licence regardless of their value and regardless of the export destination. Other archaeological objects regardless of their origin will require an Individual Licence or OGEL depending on their value. 

Both European-Union and UK Licences may be required simultaneously for some items. It is the Buyer’s duty to undertake the necessary steps. Bamfords Auctioneers cannot be held responsible and the sale cannot be cancelled in the event of failure to obtain the relevant licences. 

 

6.         JEWELLERY 

 

6.1       Gemstone treatment and estimates 

Many gemstones on the market have been treated so as to augment their appearance, in a reversible or permanent manner.  Treatments under the present section may be but not limited to: 

 

• Heat treatment to enhance the clarity and colour of sapphires and rubies 

• Oil and resin treatments for emeralds applied in different ways to enhance     clarity of the stone 

• Staining 

• Irradiation 

• Coating  

Estimates provided by Bamfords Auctioneers are deemed to be based on the fact that the gemstone may have been subject to any type of treatment in the past. Bamfords Auctioneers shall not be responsible in the absence of mention thereof. 

A certificate may have been provided by a vendor from a laboratory, providing with detailed information on the condition of the gemstone and any treatment applied thereto. The Buyer must be aware that different laboratories have different approaches as to the degree or type of treatment for a particular gemstone. 

If a certificate accompanies the Lot, the Buyer must be aware that it is merely a statement of the laboratory’s opinion and in no way can Bamfords Auctioneers be held responsible for any information therein. Such certificates are deemed to be delivered with the Lot for informative purposes only. 

 

6.2       Estimated weights 

If an exact weight of a stone appears within the body of the description the stone has been un-mounted and weighed by Bamfords Auctioneers. If the weight of a stone is stated to be approximate, the stone has been assessed by Bamfords Auctioneers within its setting and the defined weight is a statement of opinion only. This information is given as a guide and bidders should satisfy themselves as to its accuracy. 

 

6.3       Signatures 

‘A diamond ring, by X’: when the maker’s name appears in the title it is Bamfords’ opinion the piece is by that maker. 

‘A diamond ring, signed X’: has a signature that, in Bamfords Auctions’ opinion, is authentic but may contain gemstones that are not original, or the piece may have been altered. 

‘A diamond ring, mounted by X’: has been created by the jeweller, in Bamfords Auctions’ opinion, but using stones or designs supplied by the client. 

‘Maker’s mark for X’: has a maker’s mark which in Bamfords Auctions’ opinion is authentic. 

Some items may include parts or products derived from endangered species, such as ivory or coral. Such items may be subject to import or export restrictions. See section on CITES regulations for more details. 

 

7.         Clocks & Watches

 

All Lots are sold as seen. Clocks and watches are therefore not deemed to be sold in working condition. Absence of reference thereof in the description does not imply that the Lot is in good condition and without defects, or has been subject to repair or restoration. 

Bamfords Auctioneers makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, bidders should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. 

Most clocks and watches are likely to have been repaired in the past, and as a result may include parts that are not original thereto. 

The United-States restrict the importation of watches such as Rolex, Frank Muller or Corum. Such models can only be imported personally by the Buyer and Bamfords Auctioneers cannot assist with shipping thereof. 

Some watches may include leather straps derived from endangered species. Buyers may be required to obtain appropriate permits for import or export purposes in accordance with CITES regulations.

Bamfords Auctioneers act in compliance with such legislations and shall take necessary steps where required. Subsequently, watches may be deemed sold without their straps.

 

8.         Furniture

 Upholstered furniture after 1950 

According to The Furniture and Furnishings (Fire Safety) Regulations 1988, furniture that was upholstered after the 1st of January 1950 is subject to restrictions in the United-Kingdom. 

Exempt upholstered furniture that does not meet such requirements is deemed sold for purely aesthetic purposes. Bamfords Auctioneers shall not be responsible for later alterations to the furniture, making it unfit for sale.

 9.        Glossary Of Picture Cataloguing Terms

Painting and Drawings Terms

Any Statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of fact. The Company reserve the right in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable. 

Forename and surname of the artist:
In our opinion a work by the artist

Initials of the forename and the surname of the artist:

In our opinion a work of the period of the artist which may be wholly or in part his work

Surname of the artist:

In our opinion a work of the school of the artist or in his style and of uncertain date

Attributed to:
            A tentative attribution based on style

Signed:
            In our opinion the signature is that of the artist

            Bears signature:
            In our opinion the signature is not that of the artist

            Colin Lewis - by artist
            C.Lewis - Not by artist
            C** Lewis - Full artist's name unknown

 

10.       ASIAN ARTS 

10.1     Import and export restrictions 

When dealing with Asian Arts and more specifically with items made of exotic wood (e.g. all species of rosewood) or elephant ivory, the Buyer must be aware of import and export restrictions in accordance with CITES Regulations. As aforementioned in the Section relating to such matters, import and export permits or re-export certificates may be required. Verification letters will be required for re-export of worked Rhinoceros items. 

 

 

10.2     Fine Chinese Paintings 

Current scholarship in the field of Chinese Paintings and Calligraphy does not permit unqualified statements as to the authorship or date of execution. The limited right of rescission contained in the present terms and conditions does not apply to Chinese paintings. 

Notwithstanding, if within 28 days of the sale of any such Lot, the original purchaser gives written notice to Bamfords Auctioneers that the Lot is a forgery and within fourteen days after giving such notice, the original purchaser returns the lot to us in the same condition as at the time of sale and demonstrates to our satisfaction that the lot is a forgery, Bamfords Auctioneers will rescind the sale and refund the purchase price received. For this purpose, a ‘forgery’ is defined as a work created with the intent to deceive. 

 

11.       BOOKS AND MANUSCRIPTS 

 

Books and manuscripts sold as incomplete are not subject to returns. 

Printed books may be returned for a full refund only if they prove to be defective in text or illustration. This shall not apply to the absence of blanks, half titles or advertisements, to un-named books or to books sold under the heading of ‘binding’ or ‘bindings’. 

 

12.       WINES AND SPIRITS 

 

In accordance with agreed standards in the trade, estimates shall be deemed to have taken into account the fill level. 

For the purposes of the present Terms and Conditions, the ‘Fill Level’ refers to the space between the base of the cork and the liquid in the bottle. Fill levels may vary with age or depending on the condition of the wine or spirit. 

Lack of mention thereof in the description is not a representation of an ‘acceptable’ fill level from Bamfords Auctioneers. 

Bamfords Auctioneers offers no guarantee as to suitability for drinking of the wine or spirit. The Buyer must be aware of the risk that the taste of a wine or spirit may be altered due to factors such as age, storage conditions, oxidation, etc. 

 

13.       COPYRIGHT 

 

Bamfords Auctioneers shall own the copyright on all images, illustrations and written material produced by or for Bamfords Auctioneers relating to a Lot, including catalogue contents. Such copyright shall remain at all times the property of Bamfords Auctioneers. Neither the Buyer nor anyone else shall use the above-mentioned material without the prior written consent of Bamfords Auctioneers. 

Some Lots may be subject to copyright protection, Bamfords Auctioneers does not guarantee said Lots are free thereof. 

 

14.       DATA PROTECTION 

 

The Buyer agrees that personal information transmitted to Bamfords Auctioneers may be disclosed exclusively for the purposes of business, or as required by Law. Bamfords Auctioneers shall not use personal information for any other purpose without the Buyer’s prior consent. 

Bamfords Auctioneers never sell, lend or trade in personal data provided by any Bidder. 

 

 15.      SEVERABILITY 

 

Whenever and to the extent that any provisions of these terms would or might contravene the provision of any relevant legislation, such provision is to take effect only in so far as it may do so without contravening such legislation and the legality, validity and enforceability of any of the remaining provisions are not in any way to be affected or impaired as a result. 

 

16.       AMENDMENTS 

 

Bamfords Auctioneers and Valuers Ltd. reserve the right to amend any or all of their Terms and Conditions of Business at any time, verbally or in writing, prior to the sale. Further details on request.

 

17.       LAW AND JURISDICTION 

 

The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with the Law of England and Wales. 

For the benefit of Bamfords Auctioneers all bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship warranty relate or apply. 

All parties agree that Bamfords Auctioneers shall retain the right to bring proceedings in any court as well as the Courts of England.

N.B. References to ’The Auctioneer’ and ’The Auctioneers’ include Bamfords Auctioneers and Valuers Ltd., its directors, employees, consultants, servants and agents.