Terms For Buyers & Conditions Of Sales
1. All sales are conducted subject to Bentley’s Fine Antique and Fine Art Auctioneers Ltd. (hereafter “Bentley’s”) Terms for Buyers and Conditions of Sale which are printed in the sale catalogues, published on the website, and available at Saleroom.com when our auctions are published. The Buyer agrees to be bound by the Terms for Buyers and the Conditions of Sale, and acknowledges that the Seller is to be bound by the Terms for Sellers. If there is anything that you do not fully understand, our staff will be happy to help you.
2. DEFINITIONS “Buyer” means the person who makes the successful bid (as defined in clause 13.3) and also, where appropriate, any person making a bid (by whatever means, including live internet bidding, and whether present at the auction or not) or any visitor to the auction room intending to view the sale or bid. “Auctioneer” means Bentley’s or its authorised auctioneer.
3. AGENCY Bentley’s usually contract as agents for the Seller, therefore the Buyer’s primary contract is with the Seller. For reasons of confidentiality the identity of the seller is not normally disclosed.
4. BUYER’S PREMIUM A Buyer’s premium of 20% + VAT at the current rate is payable on the hammer price of each lot. For live internet bidding an additional premium will apply to buyers bidding through www.the-saleroom.com and the buyer agrees to be bound by the terms of the provider and any other live internet bidding provider.
5. RESERVES All bids shall be offers made upon the Terms for Buyers and Conditions of Sale. Certain lots in all sales may be subject to reserve prices.
6. BIDDER REGISTRATION AND IDENTIFICATION Anyone intending to bid is required, before the commencement of the sale, to supply their name and address and, if requested, their bank and other suitable references. Proof of identity such as a passport or photographic driving licence may be required. Bentley’s will then supply a bidding number which should be used when bidding. Lots will be invoiced to the name and address supplied on the registration form.
7. ESTIMATES Estimates are intended for guidance only. The lower estimate may represent the reserve price and will not be below it. Estimates do not include the Buyer's Premium or VAT. Estimates are prepared some time before the sale and may be altered before the sale. They are in no sense definitive and are subject to constant revision.
8. ARTIST’S RESALE RIGHT ("DROIT DE SUITE"). This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. In some countries, including those in the EU, local laws entitle the artist or the artist’s estate to a royalty. Artist's resale rights is a levy 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. Royalties are calculated using a sliding scale of percentages of the sale, please check using link below. This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. An artwork must sell for more than £1,000 to qualify for the levy. The law defines the price threshold in sterling. The levy is 4% on up to £50,000, 3% from £50,000-£200,000, 1% from £200,000-£350,000, 0.5% from £350,000-£500,000 and 0.25% on a hammer price exceeding £500,000. There is a cap of £12,500 payable on any one work. Please note: this scale is cumulative, which means that where the sale price is higher than the first threshold, the royalty on each portion of the price must be calculated accordingly and added together to arrive at the final sum. For example, take an artwork that sells for £210,000. The first £50,000 would achieve 4% (£2,000), the next £150,000 would achieve 3% (£4,500), and the final £10,000 would achieve 1% (£100). The total royalties due would be £6,600. VAT is not charged on ARR.
9. CATALOGUE DESCRIPTIONS AND CONDITION
9.1 All statements in catalogues, advertisements and brochures, and verbal statements made by Bentley’s, are statements of opinion only, and neither Bentley’s or the Seller accept any liability for the correctness of such opinions. This clause is subject to clause 11 concerning deliberate forgeries. Bentley’s reserve the right to amend, alter or change a catalogue description at any time up to the point of auction.
9.2 The catalogue descriptions (or any statements in advertisements and brochures) will not necessarily reveal damage, repairs or imperfections, therefore it is strongly recommended that the buyer should inspect the lot in person prior to bidding. The absence of any reference to condition in the lot description does not imply that the lot is in good condition or free from damage or in working order. The buyer is reminded that this is an auction, not a shop. In the vast majority of instances, the items sold are secondhand, whether they be antique, pre-owned or pre-used. Mechanical objects, in particular, may not be in original working order. All lots are sold as found whether or not they are described ‘as found’ or ‘A/F’ in the catalogue description. Please ask a member of Bentley’s staff if you would like help in moving a lot to examine it, or if you would like to examine a lot in daylight,
9.3 Electrical goods are not tested to ascertain if they are in working order. You are advised to have any electrical items checked over for compliance with safety regulations by a qualified electrician before use. No refund will be given if the lot is not in working order.
9.4 Precious metals. The weights and measures of platinum, gold, silver and other precious metals are approximate guides given from basic equipment. As all lots are sold as objects and not as ‘value-by-weight’ these are sufficient for the purpose of auction sale.
9.5 All dimensions and estimated weights of gemstones have been determined without unsetting the stones and are therefore only approximate because of limitations imposed by the mount. Estimated weights are normally calculated using basic equipment.
9.6 Paintings, drawings and sculpture. Any statement as to authorship, attribution, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement or representation of fact.
A picture catalogued with the forename(s) and surname of the artist is in our opinion a work by that artist. These are the only works that carry our limited guarantee and may be returned within 14 days of the sale day if found not to be authentic. All other works are sold as seen and without any guarantee, but you should use the following glossary in conjunction with our catalogue description:
Surname only - with or without initials. A work which may or may not be by the artist.
Attributed to.... In our opinion probably a work by the artist but not guaranteed.
After....In our opinion a copy of a known work of the artist.
Circle of.....In our opinion a work of the period of the artist, which may or may not be by the artist.
Follower of.....In our opinion a work in the style of the artist, which may be of a later date.
Bears signature.....Has a signature/date/inscription which may be by the artist or may have been added at a later date.
Manner of......In our opinion a work in a style related to that of the artist, but of a later date.
Dimensions are given height before width, and are the size of the image, not the overall dimensions of the frame.
9.7 Artists Resale Rights - see clause 8.
9.8 By making a bid the Buyer acknowledges his or her satisfaction with the condition and contents of the lot. Neither Bentley’s or the Seller accept any responsibility for the condition of any Lot.
10. CONDITION REPORTS A buyer who is unable to attend the auction room prior to a sale to personally examine a lot may request a condition report by email. Bentley's will take reasonable measures to describe the condition of the Lot accurately, but no liability will be accepted for the correctness of that description. Any condition report will be subject to the disclaimers in clause 9. Bentley’s are not specialists in every field and a condition report prepared by us might not necessarily reveal every defect that a buyer might identify if inspecting the lot in person.
11. FORGERIES
11.1 Notwithstanding clauses 9 and 10, any Lot which proves to be a deliberate forgery (as defined in clause 11.2) may be returned to Bentley’s by the Buyer within 14 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If Bentley's is satisfied from the evidence presented that the Lot is a deliberate forgery, we shall refund the money paid by the Buyer for the Lot including any buyer's premium. But such refund will not be made and the Buyer shall have no rights under this condition if (1) the catalogue description reflected the accepted view of experts as at the date of the sale or (2) the Buyer is not able to transfer a good and marketable title to Bentley’s. The right of return provided by this condition is additional to any right or remedy provided by law or by these Terms for Buyers and Conditions of Sale.
11.2 "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 the sale had a value materially less than it would have had if it had been in accordance with the description.
12. EXPORT The export of any lot from the UK or import into any other country may be subject to one or more export or import licences being granted. It is the responsibility of the Buyer to obtain any relevant export or import licence. The denial of any licence required or delay in obtaining such licence cannot justify the cancellation of the sale or any delay in making payment of the total amount due. 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, eg: they may contain prohibited materials such as ivory.
13. THE AUCTION PROCESS AND BIDDING INCREMENTS
13.1 The bidding increments will be regulated at the sole discretion of the Auctioneer. All bids shall be offers made upon the Terms for Buyers and Conditions of Sale. Only bids in whole pounds shall be accepted.
13.2 The auctioneer reserves the right to divide, consolidate, alter or withdraw any lot.
13.3 The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lots during the course of the auction or otherwise.
13.4 Once made, no bid may be withdrawn.
13.5 In the case of lots where the seller has placed a reserve, the auctioneer shall have the right to bid on the behalf of the seller, the maker of the highest bid acceptable to the auctioneer to be the Buyer.
13.6 In the event of any dispute, the auctioneer’s decision shall be binding and final.
13.7 The Auctioneer reserves the right to accept or refuse any bid without supplying a reason.
13.8 Bidders shall be deemed to act as principals.
14 COMMISSION BIDS
14.1 For those unable to attend the sale, the facility exists to leave commission bids. Identification may be required of the bidder. Forms are available at the office or via email to Bentley’s. Written bids on these forms are preferred, but commission bids may be left by telephone at Bentley’s discretion and special conditions may apply if leaving bids on high value items.
14.2 The bidder should state the maximum he wishes to bid excluding buyer’s premium. “Buy” or “plus one” bids are not accepted, and bids must be made in whole pounds. Lots will be purchased as cheaply as possible, subject to reserves and any other bids. Bentley’s will take all reasonable measures to execute a commission bid, but these are accepted on the sole risk of those leaving the bids.
14.3 It is strongly recommended that a bidder inspects the Lot prior to bidding on it. By leaving a commission bid, the bidder acknowledges that they are wholly satisfied with the condition of the Lot. Attention is drawn to clauses 9 and 10.
14.4 Where two or more commission bids are received at the same amount, Bentley’s reserves the right to prefer the bid which was received first.
14.5 Any person making a commission bid agrees to be bound by the Terms for Buyers and Conditions of Sale. Commission bids left through www.the-saleroom.com or through any provider of live internet bidding will be bound also by the conditions of that provider.
15. TELEPHONE BIDS The facility of telephone bidding is offered on lots with a lower end estimate of £50 and over on a first come basis and is subject to telephone line availability. Any person making a telephone bid agrees to be bound by the Terms for Buyers and Conditions of Sale. Buyers wishing to bid by telephone are advised to book in a timely fashion to avoid disappointment. Special condition may apply if registering to bid on high value items.
16. PAYMENT AND COLLECTION
16.1 The Buyer is required to pay in full the purchase price plus premium and, if failing to do so, the remedies set out in Clause 19 shall apply. Legal title shall not pass to the Buyer of any lot until paid for in full in cleared funds, but each lot will immediately, on the fall of the hammer, be and remain in every respect at the risk of the Buyer.
16.2 Lot(s) must be paid for and collected on or before the Friday immediately following the sale, else storage charges shall apply (in addition to any charge provided for by Clause 19 of these Terms). The storage charges shall be at a rate depending on the size of the Lot(s) and shall not be less than £10 per week per Lot plus VAT at the prevailing rate.
16.3 Bentley's accepts payment by Debit Card, Credit Card, Bacs, Banker's Draft or cash (conditions apply, see below). Goods will not be released and title shall not pass until the payment has cleared. Please note we do not accept "cardholder not present" payments for gold, silver or jewellery, nor do we accept "cardholder not present" payments over £500 - please contact us to arrange alternative methods of payment.
16.4 It is company policy and to comply within current Money Laundering regulations, we will only accept payments in cash up to £5,000 sterling.
17. COLLECTION OF LOTS PURCHASED All lots are to be paid for in full before being removed from the saleroom, and to be checked out by a member of Bentley’s staff. If a Buyer is delegating collection of goods please email Bentley’s with the details of who is collecting on your behalf and advise them to bring photographic identification.
17.1 Bentley’s do not offer in-house packing, despatch and shipping. We suggest the following companies for packing and despatch: Mailbox Tunbridge Wells email:
[email protected] , tel: 01892 510155.
Jentel Packing email:
[email protected], tel: 01268 776777.
Alban Shipping www.albanshipping.co.uk tel: 01582 492099 (for larger items).
18. SALES WITH LIVE INTERNET BIDDING If a sale offers the facility for live internet bidding through www.the-saleroom.com or through any other provider of such service, then the Buyer shall also be bound by the terms and conditions of that provider.
18.1 The Buyer authorises Bentley’s, if they so wish, to charge the debit or credit card given in full payment, including all fees, for items successfully purchased in the auction via the-saleroom.
18.2 Confirm that the Buyer is authorised to provide these debit or credit card details to Bentley’s and agree that Bentley’s are entitled to release the goods to the Buyer’s chosen carrier or to the Buyer.
19. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
If any Lot is not paid for in full and taken away in accordance with these Terms for Buyers and Conditions of Sale, or if there is any other breach of these Conditions, Bentley’s as agent for the seller shall at its own absolute discretion and without prejudice to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:-
(a) to proceed against the Buyer for damages for breach of contract;
(b) to rescind the sale of that Lot and/or any other Lots sold by us to the Buyer;
(c) to resell the Lot (by auction or private treaty) in which case the Buyer shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
(d) to remove, store and insure the Lot at the Buyer’s expense and, in the case of storage, either at our premises or elsewhere;
(e) to charge interest at a rate not exceeding 2% per month on the total amount due to the extent that it remains unpaid for more than three working days after either our live and on-line Auction or our Timed auction.
(f) to retain that or any other Lot sold to the Buyer until the Buyer pays the total amount due;
(g) to reject or ignore bids from the Buyer or his agent at future auctions or to impose conditions before any such bids shall be accepted.
(h) to apply any proceeds of sale of other Lots due or in future becoming due to the Buyer towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) on any of your property in our possession until the debt due is satisfied. Bentley’s shall, as agent for the seller and on its own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.
(i) goods that have been paid for in full but not cleared will be sold at the discretion of Bentley’s to cover any accrued storage charges once the accrued charges amount to the same as the total purchase price including premium and other charges.
20. AUCTION ROOM SAFETY AND LIMITATION OF LIABILITY All visitors to the premises are there at their own risk and visitors should familiarise themselves with the layout of the premises and take note of fire exits and health and safety signs. Bentley’s shall not incur liability for death or personal injury (except as required by law by reason or our negligence) or similarly for the safety of the property of persons visiting the premises. We shall have the right, at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
21. WARRANTY OF TITLE The seller warrants to Bentley’s and to the Buyer that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
22. PRIVATE TREATY AND CONSUMER LEGISLATION Private treaty sales made under these Terms are deemed to be sales by auction for purposes of consumer legislation.
23. ENGLISH LAW APPLIES TO THE INTERPRETATION OF THESE TERMS FOR BUYERS AND CONDITIONS OF SALE
Registered in London: No. 03015077
VAT. Registered No: 683 4311 35
