SARAH SMALLDON - Songthrush #1

Important Notices

All lots are sold in accordance to our Terms and Conditions as outlined below and published at www.gildings.co.uk/terms-and-conditions/

Third Party Disclaimer. Every person on Gilding’s premises shall be deemed to be at the Market Harborough Salerooms at their own risk. They shall have no claim against Gildings Limited in respect of any accident, injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of the staff. 

Information

Estimates. Presale estimates are intended only as a guide for intending purchasers and are given in good faith.
Buyers Premium. A buyer’s premium at the rate of 24% + VAT (28.8% inclusive) will be charged on the hammer price. 
Live Bidding. Any lot(s) purchased online through the ATG Media Live Auction facility will attract an additional charge for this service in the sum of 4.95% of the hammer price plus VAT at the current rate.

Payment.
Bank transfer payment to: Gildings Client Account, acc.no. 00655328, Sort code 30-95-47, BIC LOYDGB21441, IBAN GB54LOYD30954700655328, Lloyds Bank plc, The Square, Market Harborough, Leicestershire.

We accept payment by all major debit cards.  

Value Added Tax. The symbol* after the lot number indicates that VAT is payable at the current rate by the purchaser on the hammer price in addition to the Buyer’s Premium. 

Absentee Bidding. We will be pleased to execute bids on behalf of intending buyers and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids should be submitted to the Auctioneer’s Office at least one hour before the commencement of the sale and should be entered on the forms provided. Bids left by telephone are at the sender's risk and should be confirmed in writing. 

Glossary of Terms
The following conventional terms concerning the attribution of paintings, drawings and works of art may be used in this catalogue. Any statement as to authorship, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of fact. Please read carefully the Conditions of Sale. Forenames and Surname of the Artist In our opinion a work by the artist
Initials of the forenames of the artist and the surname of the Artist In our opinion a work of the period of the artist which may be in part or wholly his work
Surname only of the Artist In our opinion a work of the school of the artist, or in his style and of an uncertain date
Attributed to… In our opinion probably a work by the artist but less certainty as to authorship than in the preceding category
Circle of… In our opinion a work by an as yet unidentified hand, closely associated with the named artist but not necessarily his pupil. 
Style of... Follower of… In our opinion a work by an artist working in the artist's style, contemporary or nearly contemporary, but not necessarily his pupil. 
Manner of… In our opinion a work in the style of the artist and of a later date
After… In our opinion a copy, (of any date), of a work of the artist
The term signed and/or dated and/or inscribed means that in our opinion the signature and/or date and/or inscription are from the hand of the artist. The term bears a signature and/or date and/or inscription means that in our opinion the signature and/or date and/or inscription may have been added by another hand. Dimensions are given height before width

Conditions of Sale

Conditions of Sale for Buyers

1.  Vendors are reminded that the Vendor’s Conditions of Sale and Terms of Agreement are incorporated into Gilding’s Ltd. Entry Form/ Receipt.
2. The Auctioneers, Gilding`s Ltd., have absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the sale, to refuse bids, regulate bidding or to cancel the sale without in any case giving any reason, or without any previous notice.
3. Any instructions given to the Auctioneers over the telephone, by fax or through the internet by vendors or prospective buyers are accepted at the vendor's or prospective buyer's risk and must, in any event, be confirmed in writing.
4. Gildings Ltd. act only as agents for the vendor. At his discretion, the auctioneer may bid on behalf of the vendor for all goods which are being offered, subject to reserve or otherwise.
5. The highest bidder shall be the buyer. The auctioneer may, at his sole discretion, determine the advance of the bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen he has absolute discretion to settle the dispute or re-offer the lot. The auctioneers may only re-offer if a bidder contests a matter immediately, and before the offering of the next lot.
6. The auctioneers accept no responsibility for the accuracy of any statement, whether printed in the catalogue, published on the internet or made orally, as to grading, authorship, attribution, genuineness, origin, date, age, provenance and/or condition. All such statements are statements of opinion and are not to be taken as being, or implying, warranties, guarantees or representations of fact. The Auctioneers reserve the right in forming their opinion, to consult and rely on any expert or authority considered by them to be reliable.
7. Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, is deemed to have knowledge of all the Conditions of Sale and to have satisfied themselves as to the physical condition and accuracy of the description of the lot, including, but not restricted to, whether the lot is damaged or has been repaired.
8. All lots are sold as shown, with all faults, imperfections and errors of description. However, if within seven days of the sale of any lot, the buyer gives notice in writing to the auctioneers that the lot sold is a “forgery”, and if within fourteen days of giving such notice the buyer returns the lot in the same condition as it was at the time of the sale to the premises of the auctioneers and there is shown, to the satisfaction of the auctioneers, that having regard to the catalogue description the lot sold is a “forgery”, the auctioneers are authorised to, and will, rescind the sale and refund the purchase price received by them. This right is limited to the buyer and may not be assigned.
9. Each lot, at the fall of the hammer, will be at the risk of the purchaser and will be taken away at the purchaser's risk and expense on the day of the sale unless prior arrangements have been made with the auctioneers (see clause 12). In the event of any liability upon the auctioneers in respect of any loss, this shall be restricted to a maximum of the price paid by the buyer.
10. The title of the goods shall not pass to the buyer until the purchase price has been paid in full and including the buyer’s premium at the stated rate and Gildings Limited have approved the buyer’s registration which may include Know Your Customer and Fraud/Anti Money Laundering checks. These checks may take place after the auction and before the completion of the transaction.
11. Each purchaser will be required to register in order to bid at the auction and if successful may be required to pay immediately a percentage of the purchase price. If the buyer fails to comply with these requirements the lot may, at the auctioneer's sole discretion, be put up again and resold. No lots may be taken away until paid for and a pass obtained from the auctioneers.
12. All lots must be paid for on the day of sale. Purchasers who intend to pay by cheque must make arrangements with the auctioneers prior to the auction. Gildings have a debit card maximum limit of £3000, amounts in excess of this figure must be paid by bank transfer. All international purchasers must make payment by bank transfer or debit card in person.
13. If any lot is not paid for and removed or is paid for and not removed in accordance with the provisions of the Conditions of Sale, then the Auctioneers may, without prejudice to any other right they have, remove, store and insure the lot/s at the expense of the defaulting buyer. A contingency storage charge of £10 per lot per week for small lots and £30 per lot per week for furniture lots will come into effect 14 days after the date of sale. If after the expiry of fourteen days from the date of the sale, the purchaser is still in default, the Auctioneers may resell the lot/s, either by public auction or private contract. The purchaser, making such default, shall be liable for any deficiency arising from such resale and for resulting expenses. Any surplus arising shall belong to the auctioneer.
14. The buyer’s premium shall be the same for all buyers where the service offered is the same. Bidders in the room shall pay a premium of 28.8% (including VAT) on the hammer price, with a minimum Buyer's Premium charge of £8 being applied per lot.
15. i) Any lot(s) purchased online directly via www.gildings.co.uk Live Bidding will not attract any additional surcharge. In completing the bidder registration via www.gildings.co.uk and providing your registered bank card details and unless alternative arrangements are agreed with Gildings Limited you; (i) authorise Gildings Limited, if they so wish, to charge the debit card given in part or full payment, including all fees, for items successfully purchased in the sale via www.gildings.co.uk, and (ii) confirm that you are authorised to provide these debit card details to Gildings Limited through www.gildings.co.uk and agree that Gildings Limited are entitled to ship the goods to the cardholder’s name and cardholder’s address provided in fulfilment of the sale.
    ii) Any lot(s) purchased online through the ATG Media Live Auction facility www.the-saleroom.com will attract an additional charge for this service in the sum of 4.95% of the hammer price plus VAT at the current rate. In completing the bidder registration on www.the-saleroom.com and providing your registered bank card details and unless alternative arrangements are agreed with Gildings Limited you; (i) authorise Gildings Limited, if they so wish, to charge the debit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and (ii) confirm that you are authorised to provide these debit card details to Gildings Limited through www.the-saleroom.com and agree that Gildings Limited are entitled to ship the goods to the cardholder’s name and cardholder’s address provided in fulfilment of the sale.
16. Unless requested to remove, a bidding limit of £6500 will be in place for all registered bidders. We may conduct further Customer Due Diligence as part of this registration process.
17. Gilding’s Ltd. reserve the right to illustrate any lot offered for auction and will use such photographs/digital images, both before and after the auction, at their discretion. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.
18. The export of any lot from the United Kingdom, or import into another country, may be subject to licences being granted. It is the buyer's responsibility to obtain any relevant import or export licence/s. The denial of any such licence or delay in obtaining a licence shall not justify the rescission or cancellation of the sale.
19. Artist`s Resale Right

Artist's Resale Right (ARR) is a royalty payable to a qualifying artist or the artist`s heirs each time a work is re-sold during the artist`s lifetime and for a period up to 70 years following the artist`s death.

Following the introduction of the ARR Regulations, Gilding’s has decided an amount equal to the resale royalty will be collected from the buyer of a work of art covered by these Regulations. This will then be passed to the relevant collecting agency.

Resale Royalty applies where the hammer price is £1,000 or more. Resale royalty does not apply when the hammer price is less than £1,000. The total amount of Resale Royalty on any one sale or lot shall not exceed £12,500.

The Resale Royalty amount is calculated as follows:

Royalty for the portion of the Hammer Price

From £1,000 to £50,000 (GBP) = 4%
From £50,000.01 to £200,000 (GBP) = 3%
From £200,000.01 to £350,000 (GBP) = 1%
From £350,000.01 to £500,000 (GBP) = 0.5%
Exceeding £500,000 (GBP) = 0.25%

Invoices will be issued in Pounds Sterling. From 1st April 2024, the Resale Royalty will be calculated in GBP (£ Sterling).

Each time you bid on a lot covered by the ARR, you agree to pay an amount equal to the resale royalty, if you are the successful bidder. This amount will be added to your invoice.

Lots that may be affected by ARR will be identified by the symbol “§" next to the Artist Name in the Title, or lot number in print catalogue form.