Sale Terms and Important Information

CONDITIONS OF SALE

1. General. Every Lot is sold with all faults and errors of description and the auctioneers disclaim, for themselves and for the vendor, all responsibility for authenticity, age, origin, condition or quality. All statements on such matters whether printed in the Catalogue or made orally are statements of opinion and not representations of fact. Purchasers are deemed to have satisfied themselves on authenticity, condition, etc., before bidding and no-one in the Auctioneers’ employment has authority to make any representation of fact.

1. Bidding. The Auctioneer has absolute discretion to divide any Lot, to combine any two or more Lots, to withdraw any Lots, to refuse bids and to regulate the bidding. He may bid on the vendor’s behalf for all goods which are being offered subject to reserve or at the Auctioneers’ discretion.

  Internet Bidding

 Our bidding increments are as follows:

 From £5 - £99 = £5 increments

 From £100 - £200 = £10 increments

 From £200 - £500 = £20 increments

From £500 - £1000 = £50 increments

From £1000 - £2000 = £100 increments

From £2000 - £5000 = £200 increments

 From £5000 - £10,000 = £500 increments

 From £10 000 + = £1000 increments

Please ensure that any commission bids left with the auction house or with either the-saleroom.com or ukauctioneers.com comply with the above increments, otherwise they will be rounded down to the nearest bidding increment

3.  Fall of Hammer. The highest bidder shall be the buyer - if any dispute arises the Auctioneer has absolute discretion to settle the dispute or to re-offer the Lot. At the fall of the hammer every Lot shall be at the risk of the buyer, and the purchaser shall give to the Auctioneer his name and address and such proportion of the purchase price as the Auctioneer may require, in default of which the Auctioneer may re-offer and re-sell the Lot or Lots in question.

4.  Clearance of Purchases. No purchases shall be claimed or removed until the Sale has been concluded. All lots shall be paid for and removed at the buyer’s risk and expense at the end of the first working day following the Sale, failing which the Auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed, and all Lots not so removed shall remain at the risk of the buyer and subject to a warehousing charge of £10 per lot per day. If they are not removed within seven days of the Sale the Auctioneers may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneers in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the Lot.

5.  Agency and General. The Auctioneers act as agents only and they disclaim responsibility for default by either buyer or seller. They accept no responsibility in connection with the commissioning of members of their staff to bid for Lots on behalf of intending purchasers. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith. The Auctioneers do not guarantee the title of any Lot or Lots sold by them and will not be responsible for any defect in such title.

6.  Defaults. If any buyer fails to comply with any of the above conditions the damages recoverable from the defaulter shall include all loss arising from any re-sale of the Lot together with the charges and expenses in respect of both sales and any money deposited in part payment shall be held by the Auctioneers against the defaulter’s liability.

7.  Third Party Liability. Every person on the Auctioneer’s premises at any time shall be deemed to be there at his own risk and with notice of the condition of the premises and of the method of arranging furniture, etc. He shall have no claim against the Auctioneers in respect of any injury he may sustain or any accident which may occur.

8.  Viewers handling goods on display will be held fully responsible for any damage or breakage.

PLEASE NOTE

There is a buyer’s premium of 18% + V.A.T. on the hammer price.

PAYMENTS

All goods must be paid for within 48 hours of the date of sale, any extension of this must be agreed with the saleroom prior to the date of sale

Following the sale, payment for the goods can be made either by:

 Cash, due to money laundering regulations, we are unable to accept payment of more than £5,000 in cash for an individual lot.

Debit Card, maximum of £500 if payment made over the telephone, only one telephone payment accepted per invoice

Credit Card 

  Please note: We DO NOT accept credit card payments.

We DO NOT accept American Express.

Direct Bank Transfer, please email for details

Bankers Draft   

Collection of Goods

 All goods must be collected within 48 hours of the date of sale, any extension of this must be agreed with the saleroom prior to the date of sale.

 Online Bidding

 Capes Dunn & Co Ltd offers online bidding on all lot in their sales, through the following websites:

www.capesdunn.com

www.the-saleroom.com

www.ukauctioneers.com

PLEASE NOTE: ADDITIONAL FEES WILL BE CHARGED BY THE ABOVE WEBSITES ON AL LOTS PURCHASED. FULL DETAILS OF THE CHARGES AND TERMS AND BUSINESS 

 In completing the bidder registration and providing your credit card details, on ANY OF THE ABOVE WEBSITES, and unless alternative arrangements are agreed with Capes Dunn you:

1. Authorise Capes Dunn & Co Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via any of the above websites, and
2. Confirm that you are authorized to provide these credit card details to Capes Dunn & Co through any of the above websites, and agree that Capes Dunn & Co Ltd are entitled to ship the goods to the card holder name and card holder address provided, via Mailboxes etc, at the buyers expense, in fulfilment of the sale.

 PLEASE NOTE

 The descriptions in this catalogue are for the purposes of identifying the lots and are not intended in any way as a guarantee of authenticity. Please see the General Conditions of Sale on the inside front cover of this catalogue

 All weights and measurements are approximate

 Buyer's premium is 18% + V.A.T on the hammer price

* Denotes that goods belong to registered persons and V.A.T. will be charged on those lots

 YOUR  ATTENTION  IS  PARTICULARLY  DRAWN  TO  THE FOLLOWING

 Whilst Capes Dunn & Co Ltd make every effort to ensure the accuracy of their catalogue and the description of any lot:

 (a)       Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.

(b)       Capes Dunn & Co Ltd do not accept responsibility for the authenticity, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.

(c)        All statements, whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Capes Dunn & Co Ltd, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.

 (d)        Droit de Suite

The Artist’s Resale Right Regulations

Following the introduction of the Artist’s Resale Right Regulations on 14 February 2006, Capes Dunn & Co Ltd will implement the new levy as follows:

Capes Dunn & Co Ltd, will collect the same amount as the resale

Royalty from the buyer for any work of art covered by the regulations.

Royalty rates will only apply to works sold in the secondary market and not for those sold for the first time, and for works which are sold for €1000 or more.   Royalty rates are calculated as a percentage of the sale price on a sliding scale from 4% (from €1000 to €50,000) down to 0.25% (over €500,000). 

Resale royalties ARE NOT subject to VAT.

ADDITIONAL TERMS OF BUSINESS RELATING TO JEWELLERY

All carat weights are approximate only, with the given limitations due to stone settings.

• Unmarked gold items are tested with acids and any stated carat or carat range is approximate only.
• Any stated colour and/or clarity grades given for any diamonds or coloured gemstones are of the opinion of Capes Dunn only and are to serve as a guide only, with the given limitations due to stone settings and use of standard, non-laboratory,  gemmological equipment.
• Treatments to improve/enhance the colour, clarity and durability of coloured gemstones are now regarded as standard practice in the jewellery trade, treatments include, but are not limited to; heating, oiling, use of resins and other fillers, impregnation, irradiation, use of coatings and dyes. These treatments may be permanent, semi-permanent or temporary. It should therefore be assumed, unless expressly stated to the contrary, that all coloured gemstones have been treated in some way.
• Synthetic (man-made, lab grown) coloured gemstones are fairly common in the jewellery trade, and while every effort is made to detect and disclose the synthetic origin of coloured gemstones, this is not always possible with the given limitations due to stone settings and use of standard, non-laboratory, gemmological equipment.  Capes Dunn cannot guarantee the natural or synthetic origin of any coloured gemstone, unless there is accompanying documentation obtained from an internationally recognised Gemmological Laboratory stating such.
• Like coloured gemstones diamonds are now increasingly subject to colour and clarity treatments to improve their appearance, treatments include but are not limited to; HPHT, fracture filling, laser drilling and coatings. Although every effort is made to detect and disclose such treatments this is not always possible with the given limitations due to stone settings and use of standard, non-laboratory, gemmological equipment. Capes Dunn therefore cannot guarantee the treated or untreated condition of any diamonds sold, unless there is accompanying documentation obtained from an internationally recognised Gemmological Laboratory disclosing the type of treatment/s present.
• Synthetic diamonds (man-made, lab grown), especially in small ‘melee’ sizes, are becoming more common in the market place. Due to the great difficulty in detecting the synthetic origin of diamonds without the necessary laboratory equipment, it is not possible for Capes Dunn to guarantee a diamond is not synthetic, therefore there will be no comment made on a diamond’s natural or synthetic origin, unless there is accompanying documentation obtained from an internationally recognised Gemmological Laboratory stating such.