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Byrne’s Auctioneers - Information for buyers
The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our
salerooms. All sales are conducted according to our printed ‘Conditions of sale’ which are readily available for
inspection and normally accompany catalogues. Our staff will be happy to help you if there is anything you do
not fully understand.
Payment: Acceptable payment methods are debit card, credit card (which attracts a 2% + VAT surcharge),
electronic transfer to our client bank account, cheque supported by a valid guarantee card, and cash (the
Money Laundering Regulations of 2003 mean we cannot accept cash payments in excess of £7,500)
Clearance of lots: Lots must be paid for and cleared within one week of the sale (ie five working days).
Uncleared lots will be removed into storage at Byrne’s convenience, and a handling and storage fee of £2/lot
per day will be levied.
Dispatch: We offer a domestic and international packing and postage service for lots which we consider are
suitable to be packed and shipped via Royal Mail Special Delivery or an appropriate parcel service. Once you
have instructed us that you wish your lot to be dispatched we will provide a quote. Cleared payment is
required and we may require you to sign a disclaimer. For urgent dispatch, awkward, very fragile or bulky
items we may suggest an alternative to this service, but please feel free to enquire as we will oblige wherever
possible. Please note that there is a special notice applied to coins, medallions and tokens, which is printed at
the end of this information.
Agency: As auctioneers we usually contract as agents for the seller whose identity, for reasons of
confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
Estimates: Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase
of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it.
Estimates do not include the buyer’s premium or VAT (where chargeable). Estimates are prepared some time
before the sale and may be altered by announcement before the sale. They are in no sense definitive.
Buyer's premium: The ‘Conditions of Sale’ oblige buyers to pay a buyer's premium at 21% (including VAT)
on the hammer price of each lot purchased. It should be noted that this VAT element is not recoverable as
input tax.
VAT: (*) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer
price as well as being an element in the buyer's premium. This imposition of VAT is likely to be because the
seller is registered for VAT within the European Union and is not operating the Dealers’ Margin Scheme. Lots
without the above symbol indicate that no VAT is payable on the hammer price. This is because such lots are
sold using the Auctioneers' Margin Scheme.
Condition of Lots: We are, primarily, agents for the seller. We are dependent on information provided by the
seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally
unable to carry out a detailed, or any, examination of lots in order to ascertain their condition in the way in
which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods
and therefore, accept responsibility for inspecting and investigating lots in which they may be interested.
Please note carefully the exclusion of liability for the condition of lots contained in the ‘Conditions of sale’.
Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular,
mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have
examined the goods and make a representation about their condition, we shall be liable for any defect which
that examination ought to have revealed to the auctioneer but which would not have been revealed to the
buyer had the buyer examined the goods. Additionally, in specified circumstances lots mis-described because
they are 'deliberate forgeries' may be returned and repayment made. There is a two week time limit. (The
expression 'deliberate forgery' is defined in our ‘Conditions of sale’). Special note regarding Firearms:
Descriptions provided for firearms are restricted to external examination and the status of proof. Firearms
are sold in proof unless otherwise stated in the description. It is recommended that any purchased lot be
stripped and cleaned and that safety and firing mechanisms are checked by a qualified gunsmith prior to use.
Condition Reports: We may be able to assist buyers unable to view by e-mailing a condition report, but
these reports are based solely on our own opinion and are for guidance only and no responsibility is accepted
for their accuracy. Intending buyers are strongly encouraged to view. Condition reports cannot be prepared
on the day of sale. Please see our Conditions of Sale.
Images: Images reproduced in this catalogue and in online catalogues are for reference only and should not
be relied upon for the accurate representation of colour, size or condition.
Export of goods: Buyers intending to export goods should ascertain (a) whether an export license is
required and (b) whether there is any specific prohibition on importing goods of that character because, e.g.
they may contain prohibited materials such as ivory. Ask us if you need help.
Buyer’s Registration: All attending bidders are required to register for a paddle before the sale begins and
lots will be invoiced to the name and address on the registration form. Some form of identification may be
required if you are unknown to us.
Absentee Bidding: If you are unable to attend the auction there are a number of options available to
enable you to participate. When placing any absentee bids, please check and double check the lot
numbers as this is the only definitive piece of information which guarantees your bid is executed on the
lot you want.
i. Commission bidding: It is possible to leave commission bids with the auctioneers indicating the
maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as
possible having regard to the reserve (if any) and competing bids. If two buyers submit identical
commission bids the auctioneers may prefer the first bid received. In some instances the
auctioneer may also exceed a bid in order to secure the lot on the buyer’s behalf. Commission
bids are accepted by fax, e-mail and phone, and in all these instances, commission bidders are
deemed to have read, understood and agreed to be bound by our conditions of sale. All
commission bids should be received by close of business on the day prior to the auction. Any
bids received later than this time cannot be guaranteed to be executed accurately. To ensure that
bids are placed on the right lots please check all your lot numbers as this is the only piece of
information which guarantees you buy the lot you want.
ii. Telephone bidding: We reserve the right for this service to be available on higher value lots
only. The number of telephone lines is limited so we would urge serious telephone bidding only
and ask that you be prepared to bid over the low sale estimate. It is also advisable to leave a
maximum covering bid in case we cannot contact you by telephone. All telephone bids must be
received by close of business on the day prior to the auction and prospective purchasers booking
lines are deemed to have read, understood and agreed to be bound by our conditions of sale.
iii. Internet bidding: It is now possible to bid in real time online during the auction. This service is
conducted through the website www.the-saleroom.com and you need to register with them to
bid. There is a 3% + VAT fee for buying in this way which we collect on behalf of the service
provider. Online bidders are deemed to have read, understood and agreed to be bound by our
conditions of sale.
IMPORTANT NOTICES
Electrical goods: These are sold as 'antiques' only and if bought for use must be checked for compliance with
safety regulations by a qualified electrician first.
Post 1950s Furniture: All items of furniture included in this sale are offered as works of art. The items may
not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason they should
not be used in a private dwelling.
Coloured gemstones: It is accepted practice that many coloured gemstones are routinely treated to enhance
their colour and possibly clarity, and unless otherwise stated in a individual written condition reports, it must
be assumed that those offered for sale in this saleroom have possibly been subjected to such treatments:
Clocks & Watches: Please note that with clock and watch lots we do not offer any opinion as to the
originality of component parts, accompanying documentation, boxes or any other additional material. In the
case that a watch has its factory seal intact it will not have been, and cannot be, opened by us. If a potential
purchaser wishes to make an internal inspection of a watch which necessitates breaking a factory seal, this
will only be possible on the understanding that the watch will be reinstated at the interested party’s expense,
regardless of whether they are the purchaser. If a condition report is requested it will not include any opinion
as to the originality, completeness or working condition of the movement. Potential buyers are strongly
advised to make a physical inspection in person prior to bidding as we will not accept returns on such lots. By
bidding you are deemed to have satisfied yourself with regard to the originality and working order, or
otherwise, of all components of a lot.
Coins, Tokens and Medallions: Please note that while we are happy to post such items, in doing so we will
not accept any returns under Section 15 of our standard conditions of sale due to the possibility of lots being
substituted once they have left Byrne’s premises.


Conditions of sale
Byrne’s (Chester) Ltd 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 Byrne’s (Chester) Ltd 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 Byrne’s (Chester)
Ltd 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 re-offering
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 21%
which shall include 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. (Please refer to ‘Information for buyers’ for a brief explanation of
the VAT position).
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 collect any lots that you have purchased and paid for from our
premises not later than five working days following the day of the auction or upon the clearance of any cheque
used for payment (if later) after which you shall be responsible for any collection, storage and insurance charges.
(3) No purchase may be collected and we shall not release any lot to you or your agent 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 three 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 execute bids on their behalf. In receiving
bidding instructions by telephone, e-mail, fax or in writing the bidder shall be deemed to have read, understood
and agreed to be bound by these conditions of sale. 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 Important Sale Notices in Information for 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 14 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’.
General:
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our
auctions by any person.
17.
(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.
18. 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.
19. 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.
20. 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.
21. English law applies to the interpretation of these conditions.
E&OE 1st November 2014