Terry Gillecki (Ref 49)

The Conditions of Business for Sellers govern all aspects of the consignment, report, holding and sale of Property by Summers Place Auctions Limited together with Summers Place Auctions Limited’s Authenticity Guarantee and the Conditions of Business for Buyers, as printed in sale catalogues and available from Summers Place Auctions Limited upon request. Summers Place Auctions Limited act as agent for Sellers.

Conditions of Business for Buyers and/or Sellers may be amended by additional terms printed in the sale catalogue and/or by notices posted up in the saleroom or announced by the auctioneer.

DEFINITIONS

“Seller” is the owner of the Property, their agent, executors or the person in possession of the Property (as appropriate).

“SPA” means Summers Place Auctions Limited, Auctioneers, The Walled Garden, Stane Street, Billingshurst,West Sussex, RH14 9AB, company number 6266518.

“Seller’s Commission” is the commission Summers Place Auctions Limited charges Sellers of Property.

“Expenses” are Summers Place Auctions Limited’s expenses, fees and charges relating to the Property, including legal expenses, insurance charges, illustration fees, administration fees, customs duties, shipping and packing costs, tests, searches and enquiries.

“Buyer’s Premium” is the commission Summers Place Auctions Limited charges Buyers of Property.

“Hammer Price” is the highest bid for the Property accepted by the auctioneer and for simplicity, the highest bid above the reserve received for the sealed bid auctions.

“Reserve Price” is the minimum Hammer Price at which the Property may be sold, as agreed between the Seller and Summers Place Auctions Limited. From time to time, Summers Place Auctions Limited may agree with the Seller to offer a collection of Property for a Global Reserve Price and/or agree an auctioneer’s discretion to reduce the Reserve Price by 10% or to offer Property without a Reserve Price.

“Net Sale Proceeds” are the proceeds of sale actually received by Summers Place Auctions Limited, less Seller’s Commission, Buyer’s Premium and Expenses.

The Seller’s Commission, Hammer Price, Buyer’s Premium and all Expenses are subject to VAT, where applicable.

1. SELLER’S WARRANTIES

(a) The Seller warrants to SPA and the Buyer that:-

(i) the Seller is the owner of the Property or is properly authorised to sell it;

(ii) the Seller shall transfer possession and good title in the Property to the Buyer, free from any third party claims;

(iii) the Seller has provided all relevant information about the ownership, condition, authenticity, attribution, provenance and import/export history of the Property;

(iv) there are no copyright or other restrictions on SPA’s rights to produce and publish images of the Property.

(v) for property being consigned from outside the E.U. that the item has been lawfully and permanently exported as required by the laws of any country in which it was located prior to consignment to SPA and that any duties and taxes on the export and import of the item have been paid.

(b) The Seller will indemnify SPA, its directors, employees, officers and Buyers of the Property against all losses and damages resulting from a breach of any of these warranties or other Conditions of Business. SPA may cancel, rescind or postpone sales of Property where it reasonably believes that there has been or may be a breach of these warranties or any other Conditions of Business by the Seller.

2. SALE PREPARATION

(a) SPA shall have sole discretion as to how Property is described, illustrated and marketed, and the date, venue and conduct of the sale.

(b)[i] All oral or written estimates, appraisals and reports are statements of opinion only, may not be relied upon as a prediction of the sale price and may be revised from time to time by SPA.

[ii] The seller acknowledges that attribution of items is a matter of opinion and not fact, and is dependant upon (amongst other things): information provided by the seller, and the status of generally accepted expert opinion at the time of cataloguing.

(c) SPA may, without obligation, consult with third party experts and carry out such other research for the Property as it deems necessary and has vendors aucthority to apply for any CITES documentation. SPA may transfer possession of the Property to such third parties and shall not be responsible for the acts and omissions of such third parties.

(d) SPA shall have the absolute right to produce and publish images of any Property consigned for sale and will retain copyright in any such images it produces.

(e) SPA will charge a Buyer’s Premium on the sale of the Property at SPA’s standard rates. SPA reserves the right to pay out of its commissions a fee to any third party introducing Sellers or Property to it.

(f) Sellers are prohibited from bidding on their own Property. If a Seller offers the Hammer Price for their Property, SPA may charge the Seller the Seller’s Commission, Buyer’s Premium and Expenses relating to that Property.

3. SELLER’S COMMISSION 

Sellers commission applies to each lot plus VAT 

No unsold charges apart from a nominal £25 + VAT photography charge per lot per auction.

All charges subject to VAT at the prevailing rate

4. WITHDRAWAL OF LOTS

(a) If the Seller withdraws any Property from sale after their written agreement to sell it, SPA may charge the Seller 50% of the Seller’s Commission and Buyer’s Premium SPA would have received had the Property sold at its mid estimate, plus all Expenses (the “Withdrawal Fee”).

(b) SPA may withdraw any Property from sale without liability for any of the following reasons:- if (i) it reasonably believes that the authenticity or attribution is questionable; (ii) it reasonably believes that the Seller’s Warranties or other Conditions of Business have been breached; (iii) there is a competing ownership claim or lien over the Property; (iv) the Property does not have all licences and permits required by law, including those required under the Convention on the International Trade in Endangered Species (CITES); (v) the condition of the Property has deteriorated since consignment; (vi) the auction has been postponed for any reason.

(c) If the Property is withdrawn for any of reasons 3(b)(ii), or (iii) the Seller shall pay the Withdrawal Fee, as per Condition 3(a). If withdrawn for any other reason, the Property shall be returned to the Seller at the Seller’s expense.

5. EXCLUSION OF LIABILITY

(a) SPA shall not be liable for any errors or omissions in any written or oral information provided to Sellers or for acts or omissions relating to the conduct of the auction or any other matter relating to the sale of Property, whether negligent or otherwise, subject always to Condition 4(c).

(b) Without prejudice to Condition 4(a), any claim against SPA shall be limited to the Net Sale Proceeds for the relevant Property. SPA shall not in any circumstances be liable for any indirect or consequential losses.

(c) SPA’s liability to the Seller in respect of death or personal injury caused by SPA’s negligent acts or omissions shall not be excluded or limited.

6. LOSS OR DAMAGE TO PROPERTY

(a) Unless otherwise agreed in writing, SPA will assume the risk of loss or damage to Property received from the Seller until:-

(i) risk passes to the Buyer at the fall of the hammer, or when the successful bidder is invoiced by SPA for lots in the sealed bid auction. or

(ii) if unsold, 30 days after the sale or when released to the Seller (whichever is earlier); or

(iii) 6 months after receipt of the Property by SPA, if not consigned for sale.

(b) The seller agrees to pay a charge for the above liability accepted by SPA for which SPA shall charge a premium of 0% of:-

(i) the Hammer Price of the Property, if sold; or

(ii) the mid estimate, if not offered for sale (or SPA’s reasonable estimate of auction value where there are no pre-sale estimates).

(c) If damage or loss occurs whilst the Property is at the risk of SPA, the maximum amount of SPA’s liability shall be as set out in Condition 5 (b) (i)- (iii), as applicable, less Seller’s Commission and Expenses.

(d) SPA will not be liable for any loss or damage caused by:- (i) normal wear and tear, gradual deterioration or inherent vice or defect; (ii) errors in processing; (iii) war, radioactive contamination or acts of terrorism.

7. POST- AUCTION SALES

If any Property fails to sell at auction, SPA shall be entitled for a period of 35 days after the auction to sell the Property privately for no less than the Reserve Price (unless otherwise agreed with the Seller) and on the terms of these Conditions of Business. Any reference in the conditions of business to the auction date shall be treated as the date of the post-auction sale

8. PAYMENT OF NET SALE PROCEEDS

(a) A sale contract is made directly between the Buyer and the Seller. SPA’s sole obligation shall be to send the seller Net Sale proceeds once appropriate identification and cleared funds have been received from the buyer. Subject in all cases to prior receipt of cleared funds by SPA and subject to rescission of the sale under Condition 9, 35 days after the sale date or 5 working days after receipt of cleared funds from the Buyer (whichever is later), SPA shall send the Seller the Net Sale Proceeds in sterling, less any other amounts owed by the Seller to SPA.

(b) SPA shall not be obliged to check the ability of Buyers to pay for Property and shall have absolute discretion whether to use any of the rights and remedies against defaulting Buyers contained in the Conditions of Business for Buyers.

9. UNSOLD/ UNCOLLECTED PROPERTY

(a) SPA will advise Sellers whether or not their Property has sold. Unsold Property may either:-

(i) be reconsigned for sale with an automatic reduction of 30% on the original reserve, unless by prior agreement with SPA; or

(ii) collected by the Seller, once relevant expenses have been settled.

(b) If the Seller does not reconsign or collect the Property within 60 days of the auction as per Condition 8(a) (i) or (ii) above, SPA shall be released from any duty of bailment and may in its sole discretion be entitled to:-

(i) transfer the Property to independent storage at the Seller’s expense; or

(ii) re-offer the Property at auction for no less than 50% of the original Reserve Price agreed with the Seller (where applicable), and subject to the Seller’s Commission on the re-sale plus all relevant Expenses.

(c)[i] If the Seller deposits the Property with SPA for more than 1 year and neither collects or consigns it for sale, SPA shall be entitled to sell such Property at a SPA sale or elsewhere, with estimates and reserves at SPA’s discretion, after giving the Seller 60 days written notice sent to the Seller’s last known address.

[ii] Any resale of unsold lots shall be conducted under these conditions of business, save only that, between the Seller and SPA, these conditions of business shall continue to apply and prevail in the event of any conflict. The proceeds of such sale less all costs incurred by SPA will be forfeited unless collected by the Seller within two years of the sale.

10. RESCISSION OF SALES

SPA may rescind the sale where it reasonably believes that the Property is Counterfeit, as defined by SPA’s Guarantee of Authenticity, in which case SPA shall send the Seller a notice of such rescission. The Seller agrees to return to SPA the Net Sale Proceeds received from the sale of such Property together with any additional Expenses incurred by SPA. SPA will return the Property to the Seller upon receipt of the Net Sale Proceeds and Expenses, unless prevented from doing so for reasons beyond SPA’s control.

11. DATA PROTECTION

(a) SPA will use information supplied by Sellers or otherwise obtained lawfully by SPA for the provision of auction related services, client administration, marketing and as otherwise required by law.

(b) By agreeing to these Conditions of Business, the Seller agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 10(a).

(c) Clients please note that for security purposes, SPA premises are subject to video monitoring and telephone calls may also be recorded.

(d) If you would not like to receive details of future events please tick here. □

12. MISCELLANEOUS

(a) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.

b) These Conditions of Business shall be interpreted in accordance with English Law under the exclusive jurisdiction of the English Courts, in favour of SPA.

(c) In accordance with market practice, SPA reserves the right to pay out of its commissions a fee to any third party introducing clients or property to it.