20th cent.

These Conditions of Sale and Business constitute the contract between Henry Aldridge and Son Limited (the “Auctioneer”) and the seller, on the one hand, and the buyer on the other. By bidding at the auction, you agree to be bound by these terms.

Conditions of Sale for Buyers

These Conditions of Sale and Business constitute the contract between Henry Aldridge and Son Limited (the “Auctioneer”) and the seller, on the one hand, and the buyer on the other. By bidding at the auction, you agree to be bound by these terms.

INFORMATION FOR BUYERS

1. Introduction. The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on 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.

2. 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.

3. 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.

4. Buyer’s Premium. The buyer agrees to pay a buyer’s premium on the hammer price of each lot purchased. The buyer’s premium is 22% of the hammer price up to and including £500,000, 15% of the hammer price from £500,001 up to and including £1,000,000, and 10% of the hammer price in excess of £1,000,001. VAT at the prevailing rate of 20% is added to buyer’s premium and additional charges as defined below.

5. 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 or because VAT is due at 20% on importation into the UK. The double symbol (**) indicates that the lot has been imported from outside the European Union and the present position is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price (i.e. both the hammer price and the buyer’s premium). Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers’ Margin Scheme it should be noted that the VAT included within the Premium is not recoverable as input tax.

6. Descriptions and Conditions. Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. The detail in a report will reflect the estimated value of the lot, and large numbers of such requests received shortly before the sale may not receive a response to all lots. Members of staff are not trained restorers or conservators and, particularly for higher value lots, you should obtain an opinion from such a professional. We recommend that you always view a lot in person. 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, 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. Additionally, in specified circumstances lots misdescribed because they are ‘deliberate forgeries’ may be returned and repayment made. There is a 3 week time limit. (The expression ‘deliberate forgery’ is defined in our Conditions of Sale).

7. Electrical goods. These are sold as ‘antiques’ only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.

8. Export of goods. Buyers intending to export goods should ascertain (a) whether an export licence 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 assistance.

9. Bidding. Bidders are required to register before the sale commences 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. Please enquire in advance about our arrangements for telephone bidding.

10. Commission bidding. Commission bids may be left 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. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or fax.

11. Methods of Payment. The following methods of payment are acceptable. Debit Card drawn on a UK bank and registered to a UK billing address. There is no additional charge for purchases made with these cards. Overseas debit cards will be charged as per a credit card due to the charges levied by the card company. Bank transfer direct into our bank account, all transfers must state the relevant sale number, lot number and your bid / paddle number. If transferring from a foreign currency, the amount we receive must be the total due in pounds sterling (after currency conversion and the deduction of any bank charges). Our bank details can be found on the front or your invoice. Sterling cash payments of up to £8,000 (subject to money laundering regulations). All major UK issued credit cards registered to a UK billing address with the exception of American Express and Diners Club. A surcharge of 3% is payable on all payments made by credit cards.

12. Collection and storage. Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.

13. Droit de suite royalty charges. From 1st January 2012 all UK art market professionals (which includes but is not limited to; auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by qualifying artists each time a work is re-sold during the artist’s lifetime and for a period up to 70 years following the artists death. This payment is only calculated on qualifying works of art which are sold for a hammer price more than the UK sterling equivalent of EURO 1,000 – the UK sterling equivalent will fluctuate in line with prevailing exchange rates. It is entirely the responsibility of the buyer to acquaint himself with the precise EURO to UK Sterling exchange rate on the day of the sale in this regard, and the auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated. All items in this catalogue that are marked with δ are potentially qualifying items, and the royalty charge will be applied if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000. The royalty charge will be added to all relevant buyers’ invoices, and must be paid before items can be cleared. All royalty charges are passed on to the Design and Artists Copyright Society (‘DACS’), no handling costs or additional fees with respect to these charges will be retained by the auctioneers. The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of EURO 50,000 is 4%. For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges will apply – for a complete list of the royalty charges and threshold levels, please see www.dacs.org.uk. There is no VAT payable on this royalty charge.

14. ASA Guidelines. As per ASA guidelines we would remind all buyers that estimates do not include our buyer’s premium at 22% (excluding VAT and any other fees) and this should be taken into account when bidding.

ONLINE BIDDING

Henry Aldridge and Son Limited offers an online bidding service via the-saleroom.com and www.easyliveauction.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com or www.easyliveauction.com and providing your credit card details and unless alternative arrangements are agreed with Henry Aldridge and Son Limited. You authorise Henry Aldridge and Son Limited, 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 the-saleroom.com or www.easyliveauction.com, and confirm that you are authorised to provide these credit card detailsto ‘Henry Aldridge and Son Limited’ through www.the-saleroom.com and agree that Henry Aldridge and Son Limited are entitled to ship the goods to thecard holder name and card holder address provided in fulfilment of the sale.

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 5% commission charge + VAT at the rate imposed on the hammer price. If you are using the www.easyliveauction.com platform it is subject to an additional 5% plus VAT levied by the provider or a £3 flat fee payable prior to bidding. Finally you can register via our own website www.henryaldridge.com and pay 3% plus VAT.

(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 email or 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.