A framed oil on board depicting an African elephant - signed with initials - sold with a modern

 

 

1. Definitions:

a) Rendells LLP trade as Rendells.

 

b) Rendells, act only as Auctioneers and agents for the vendor, are called “The Auctioneers”, and the representative of Rendells conducting the auction is called “The Auctioneer”.

 

c) "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 sale had a value materially less than it would have had if it had been in accordance with the description;

 

d) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;

 

e) "terms of consignment" means the stipulated terms and rates of commission on which Rendells accepts instructions from sellers or their agent;

 

f) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any other additional charges payable by a defaulting buyer under these Conditions;

 

g) "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;

 

h) The singular includes the plural and vice versa as appropriate.

General Conditions

2. General

Rendells will to the best of their ability 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) Rendells do not accept responsibility for the authenticity attribution, 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. Rendells 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) Any claim under Statute must be received in writing by the Auctioneer within five working days of the day of sale. Whilst statements may be made in print or orally that an item is damaged, at fault or restored it is emphasised that the absence of any reference does not imply that the lot is free from all defects.

 

e) Any lot purchased via ATG Media (www.the-saleroom.com) will be subject to ATG Media (www.the-saleroom.com) terms and will be subject to an additional 5.94% (inclusive of VAT) buyers premium on the hammer price.

 

f) Any notice to buyer, seller, bidder or viewer may be given by second class mail in which case it shall be deemed to have been received by the addressee 72 hours after posting.

 

3. The Auction

a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding, no bidder advancing less than a sum to be named by the Auctioneer, the right to cancel the sale without giving any reasons nor without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion, the vendor may not under any circumstances bid. Reserves set are subject to Auctioneers discretion of 10.00% unless other instructions given in writing.

 

b) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the sale.

 

c) We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our auction.

 

4. Recission

Notwithstanding any other terms of these Conditions, if within five working days after the sale Rendells have received from the purchaser of any lot, notice in writing that in his view the lot is a deliberate forgery and within seven working days after such notification the purchaser returns the same to Rendells in the same condition as at the time of sale and by producing evidence, (the burden of proof to be upon the purchaser) which satisfies Rendells that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price and the vendor agrees to reimburse the auctioneers of the sum refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the Purchaser and the Vendor agree to be bound by the decision.

 

5. Default 

Rendells disclaim responsibility for default by either the purchaser or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the purchaser. Instructions given by telephone are accepted at the vendor’s risk and must be confirmed in writing forthwith.

 

6. Sale by Private Treaty

In the event of a sale by private treaty both the vendor and the purchaser agree to be bound by the General and any Special Conditions of Sale.

 

7. Proceeds of sale

Proceeds of sale are held in our Stonepark Clients Auction Account, Lloyds Bank PLC, Courtenay Street, Newton Abbot. We do not pay interest on monies held in this account.

 

8. Rights to Photographs and Illustrations

A lotting fee will be charged, as detailed in Clause 13, to cover all advertising purposes including photographing and cataloguing for each lot.

 

The Vendor gives Rendells full and absolute right to photograph and illustrate any lot placed in their hands for sale (whether sold or not) and to use such photographs and illustrations at any time at their absolute discretion (whether or not in connection with the auction). The copyright to the photographs as illustrated in our catalogue and advertisement belong to us, the Auctioneers.

 

9. Third Party Liability

Every Person on Rendells premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against Rendells in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the negligence of Rendells or their employees.

 

10. Attendance

Rendells reserve the right, at their discretion to refuse admission to any person on to their premises or attend any of their auctions.

 

Vendors Conditions

 

The seller acknowledges that Lots are sold subject to the stipulation of these Conditions in their entirety and on the terms of consignments as notified by the consignor at the time of the entry of the Lot.

 

11. Instructions

Rendells are the Auctioneers, all goods delivered to Rendells premises will be deemed to be delivered for sale by auction unless otherwise previously stated in writing and will be accepted by Rendells subject to all Sale Conditions, catalogued and sold at Rendells discretion. Rendells reserves the right to refuse any entry if they do not consider it to be suitable.

 

12. Commission 

The vendor pays a commission only when an item is sold. We offer a competitive rate, per item, of 18.00% (inclusive of VAT) on the first £500 and 12.00% (inclusive of VAT) thereafter.

 

There is minimum commission of £3.60 (inclusive of VAT) per catalogued lot.

 

13. Lotting Fee

A lotting fee will be charged to all lots of £2.40 (inclusive of VAT) to cover all advertising purposes including photographing and cataloguing.

 

14. Reserves

a) All goods are put up for sale without reserve at the Auctioneer’s discretion unless written instructions as to reserves are received by Rendells 48 hours prior to the commencement of the sale.

 

b)Rendells are empowered to sell any goods by Private Treaty after the auction in the event of any reserve price not being reached, at a price of not less than the reserve with discretion, so long as the goods remain on Rendells premises and in the event of such a sale by private treaty the conditions of sale by auction will be binding to both vendor and purchaser.

 

c) Reserves set are subject to Auctioneers discretion of 10.00% unless other instructions given in writing.

 

d) If the auctioneers consider a reserve unreasonable, they may in their discretion refuse to accept the item.

 

e) The Auctioneers reserves the right to reduce/remove any reserve for a lot that is being entered into a second sale.

 

15. Insurance

a) Goods on Rendells premises and in their custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage nor damage) for which insurance Rendells will charge a premium of 1.20% (inclusive of VAT) of the gross amount realised, or in the case of unsold lots the reserve or the lower of the pre-sale estimate.

 

b) Rendells shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees.

 

16. Loss or Damage

Rendells disclaim all responsibility for loss and damage of goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.

 

17. Right to Sell/Storage Charge

Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within seven days of such request, Rendells reserve the right to sell the goods to defray costs and storage charges. Our storage charge is set at a minimum of £2.40 (inclusive of VAT) per lot per day.

 

18. Electrical Goods

All electrical goods must have a current PAT’s label. Our charge for testing is £2.40 (inclusive of VAT) per item. An item not certified as safe, unless antique, will have its wiring removed. Testing takes place after the items have been lotted.

 

19. Soft Furnishings

The sale of soft furnishings is regulated by statutory law; any items that do not comply with these regulations will be disposed of at cost to the Vendor.

 

20. Prohibited, Restricted and Licensed items

This includes but is not exclusive to shotguns, firearms, knives, taxidermy, etc.

 

If an item brought to the saleroom is found to be prohibited or restricted, we reserve the right to return this item to the owner, if allowed or to the relevant authority at the Vendors expense.

 

If an item brought to the saleroom requires a license, we will ask you to provide the original for us to obtain the required number of photocopies for our records and to be forwarded to the appropriate authority where needed.

 

Taxidermy items may require a written record and license (dependant on age and species). We will need to make photocopies of the originals to be forwarded to the appropriate authority where required.

 

21. Collections

Items for sale must be consigned to the saleroom at the Vendors expense, we may be able to assist in making arrangements, but any costs of a carrier are your responsibility. Rendells, if requested, can instruct a contractor on the Vendor’s behalf in their capacity as agents. Rendells disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of sale.

 

22. Withdrawals 

Rendells reserve the right to charge the full sale commission based on reserves or pre-sale estimates plus any extra expenses on any goods which are entered, catalogued and withdrawn from sale, or a lesser amount at their discretion. The minimum charge is £30 (inclusive of VAT) per lot.

23. Settlement

After the sale settlement of the net sum due to you normally takes place within 10 working days of the sale unless the buyer has not paid for the good(s). In this case no settlement of the sale item will take place and we will take your instructions as to whether you would like the item re-offered or returned to you.

 

24. Deductions

The Vendorauthorises the Auctioneer to deduct commission and expenses at the stated rate from the hammer price.

 

25. Indemnity  

a) The vendor shall duly indemnify Rendells against any claims in connection with any goods sold by Rendells on the vendor’s behalf and will warrant that the goods are his or her bona fide items to sell and are not subject to any Hire Purchase Agreement, Lease or Loan Arrangement and if they have the authority to sell.

 

b) In the case of deceased estates and power of attorney’s we will require written/photographic evidence of the Vendors authority to sell the items.

 

26. Value Added Tax  

A Vendor who sends for sale by auction any chattel(s) which is an asset of their business must disclose to the Auctioneer whether or not they are a registered person for Value Added Tax purposes and, if so, their registered number and whether or not they intend to operate the special scheme covering works of art, etc.   This information must be supplied to the Auctioneer on or prior to delivery of the goods.

 

Purchasers Conditions

 

The purchaser acknowledges that Lots are purchased subject to the stipulation of these Conditions in their entirety.

 

27. Inspection

a) The purchaser has opportunity prior to the sale to inspect the respective items and investigate the condition of all lots they may be interested in. Each Purchaser by making a bid for a lot acknowledges that they have satisfied themselves fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.

 

b) 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 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.

 

c) To clarify, live webcast auctions are NOT sales governed by Distance Selling Regulations – all lots are available to be viewed prior to the sale.

 

28. Bidding Procedures and the Purchaser

a) All prospective purchasers are required to register their full name and address at the auction office before bidding and to satisfy any security arrangements before entering the auction room to view or bid.

 

b) Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Rendells that he acts as agent on behalf of a named principal, no transfer will be accepted.

 

c) The highest approved bidder shall be the purchaser and if any dispute arises as to who was the last or highest bidder the Auctioneer has sole discretion to withdraw the lot and re-offer it by auction to settle the dispute.

 

d) Once made, no bid may be withdrawn

 

e) Bidding increments shall be at the auctioneer’s sole discretion.

 

f) The minimum starting bid is £5.

 

29. Purchase Price  

The purchaser shall pay the hammer price, VAT where applicable, together with Buyers Premium of 21% including VAT on each lot (Total of 26.94% for online purchases).

 

30. Value Added Tax

a) Any lot where VAT at 20% is payable will be marked with an *.

 

b) VAT is likely 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 to the U.K.

 

c) The ** indicates the lot has been imported from outside of the European Union and the present position is that these lots are liable to a reduced rate of VAT (5.00%) on the hammer price and 20% on the buyer’s premium.

 

d) Lots which appear without either of these symbols indicate that no VAT is payable on the hammer price.

 

31. Payment

Immediately a Lot is sold you will:

 

Pay to us the total amount due via the following methods,

 

a)    We do not accept cash payments over the equivalent British Pound Sterling of €5,000.

 

b)    Cheques are only accepted by prior arrangement and goods will only be released after the cheques have cleared.

 

c)     We do not accept cards payments from overseas buyers, as we are unable to verify the card to the registered address.

d)    Payment by Debit card can be made with no surcharge.

 

e)    Payment by Credit card by prior arrangement only. Payments over the telephone are limited to £200.

 

f)      Payment by bank transfer, our bank details are as follows;

Lloyds Bank

41 Courtenay Street, Newton Abbot, Devon, TQ12 2QW   

Rendells - Stonepark No. 2 Clients Auction Account

Sort Code 30-96-06

Account No. 02592194

Iban Code:  GB65 LOYD 3096 0602 5921 94

Swift Code:  LOYD GB21078

 

g)    We do not accept American Express

 

h)    Any payment by you to us may be applied by us towards any sums owing from you to us on any account whatsoever without regard to any direction of you or your agent whether expressed or implied

 

32. Removal of Goods

a) No purchase shall be claimed or removed until it has been paid for and the sale has concluded for that session. All purchases shall be paid for and removed at the purchaser’s risk and expense by 17:00 on the Monday after the sale. All lots not so removed shall remain at the risk of the purchaser subject to a minimum storage charge of £2.40 (inclusive of VAT) per day and if they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the purchaser. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot.

 

 

 

b) In the event of any failure of the purchasers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulters shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 5% above Lloyds Bank PLC Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller.

 

c)Exporting of lots from the UK may be subject to an import/export license. It is the purchaser’s responsibility to obtain the relevant license.

 

33. Postage and Packaging

Our recommended method of dispatch is by Mailboxes and Royal Mail signed for, with the purchaser responsible for insuring the goods. A packing charge (minimum of £9.60 inclusive of VAT) per Lot, plus cost of postage applies. This is assessed on a lot by lot basis, but some items are unsuitable for this service. We will not pack china, glass, pictures or any prohibited items as stated by the Royal Mail. We take care in the packing of items, but Rendells will not accept liability for any damage caused in transit. The consignee accepts this as part of our terms of dispatch and is solely responsible for insuring the goods against any loss or damage.

 

34. Notes for Remote Buyers

Items paid for with Debit or Credit Card where the purchaser wants the items posted will only be released by Rendells if the delivery address of the consignee is the same as in our records and the registered address of the purchaser’s card. If the invoice and delivery addresses are different then the purchaser will be required to make payment by bank transfer which must be cleared before the goods are released. If the purchaser arranges their own transport or courier and they want the items delivered to another address they must inform Rendells in writing prior to collection.

 

35. Telephone Bidding

Prospective buyers are strongly advised to attend the auction and are 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 by prior arrangement, arrange a telephone bid with a telephone line booked on single or multiple lots. A member of staff will call you from the Saleroom just before your lot number is offered for sale and you can then instruct us on a live telephone line to bid or to stop on your behalf. We always ask that you leave us a main telephone number and a backup number in case of difficulties contacting you. It is always recommended that a covering bid be left in the unfortunate event that we are unable to make contact. All telephone lines must be booked with us no later than 17:00pm the day before the two-day sale commences. Rendells require any telephone bidder to provide two forms of identification (including photographic ID).

 

36. Commission Bids

While 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 and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any neglect or default in so doing or failing to do so. 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. Rendells require any commission bidder to provide two forms of identification (including photographic ID). All commission bids to be with us no later than 09:30 on the morning of the sale.

 

37. Artist Resale Right Regulations 2012 (“Droit de Suite”)

a) Subject to specific conditions, some works of art by Artists (living or deceased in the last seventy years) and sold over the equivalent of £1000 the purchaser is liable to pay an additional resale royalty. Any lot which may be liable will be marked with a †.

b) The amount is capped at £12,500 per lot.

c) The amount is calculated as follows;

Royalty for the portion of the hammer price (in pound sterling) 4.00% up to £50,000

Royalty for the portion of the hammer price (in pound sterling) 3.00% between £50,000.01 to £200,000

Royalty for the portion of the hammer price (in pound sterling) 1.00% between £200,000.01 to £350,000

Royalty for the portion of the hammer price (in pound sterling) 0.50% between £350,000.01 to £500,000

Royalty for the portion of the hammer price (in pound sterling) 0.25% in excess of £500,000

d) Invoices will, as usual, be issued in Pounds Sterling

 

38 Electrical Goods

Any electrical goods sold without a PAT’s label are sold as antiques only.  If an electrical item has a PAT’s label it does not mean it is working only that the item is safe.

 

39. Property and Risk  

Legal title will not pass to the purchaser until the lot(s) has/have been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 28 above) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and when called upon to do so by the Auctioneer shall forthwith pay to Rendells the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be put up again and re-sold.

 

40. General Notes

a) No Dogs are permitted on the premises.

b) No Smoking or vaping anywhere on the premises.

c) If we are found to be liable to you for any reason (including if we are found to be negligent, in breach of contract or to have media misrepresentation) our liability is limited to the total purchase price paid by you for any lot.

 

41. Money Laundering Regulations 2017

a)     We do not accept cash payments over the equivalent British Pound Sterling of £5,000.

 

Glossary of Terms

 

For the guidance of Purchasers at Picture Sales, the description of the Lots, in the opinion of the Auctioneers, are intended to have the following meanings:-

 

1)    The Forenames, or initials with following asterisk, and the surname of the artist, in our opinion, the work of the artist.

2)    “Attributed to…”   In our opinion, probably a work by the artist.

3)    “Circle of…”   In our opinion, a work in close association with the artist, but not necessarily by them or their pupil.

4)    “Style of…”   In our opinion, a work in the period, and style of the artist, but not by them.

5)    “Manner of…”   In our opinion, a work in the style of the artist, but of a later date.

6)    “After…”   In our opinion, a copy of a work by the artist.

7)    The terms “signed”, and/or, “dated”, and/or, “inscribed”, means that in our opinion, the signature, and/or date, and/or inscription, are by the artist.

8)    The terms “bears” a signature, and/or, “date”, and/or, “inscription”, means that in our opinion, the signature, date, and/or, inscription have been added by another hand.

9)    Dimensions are given: Height X Width.

10)  “a/f” Is in “as found” condition which includes but is not limited to fault, damage and decay.