Terms & Conditions
Buying from Ellis, Willis & Beckett
Condition Reports
When Condition Reports to Prospective Buyers are requested, we would welcome your request as soon as possible, preferably at least 48 hours before the Day of an Auction. A Condition Report is an honest expression of our opinion, not a statement of fact and is provided as a service to the Seller. We accept no liability for the opinions expressed in any Condition Report.
Caveat Emptor
The principle of caveat emptor applies to the auction of all goods sold at auction by Ellis, Willis & Beckett. Furthermore, we have no control over the condition of any item offered for auction.
Additional Images
Requests for additional images of items in the auction can made up to 48 hours before the Day of Auction.
Online Bidding
Online bidding is available via www.easyliveauction.com for prospective buyers who cannot attend the auction. Items bought via this platform will be subject to an additional 3% commission charge plus VAT or a £3 flat fee when registering to bid for one of our auctions.
By completing registration on www.easyliveauction.com and providing your credit/bank card details and unless alternative arrangements are agreed with us, you;
(a) authorise Ellis, Willis & Beckett, if they so wish, to charge the credit/bank card given in part or full payment, including all fees, for items successfully purchased in the auction via www.easyliveauction.com; and
(b) confirm that you are authorised to provide these credit/bank details to Ellis, Willis & Beckett through www.easyliveauction.com and agree that Ellis, Willis & Beckett are entitled to permit the shipping of the goods to the card holder and card holder address provided in fulfilment of the auction.
We do not accept any liability for any losses, however arising, as a result of a prospective buyer’s use of www.easyliveauction.com. Use of www.easyliveauction.com is subject to separate terms and conditions which do not form part of these conditions.
Telephone Bidding
Requests for telephone bidding must be registered at least one hour prior to the close of the View Day. We will not accept requests on the Day of Auction. Telephone Lines are booked on a first-come, first-served basis and are subject to a minimum lot value of £75.
Absentee Bidding
Whilst reasonable endeavours will be made to execute absentee bidding up to the Day of Auction, Ellis, Willis & Beckett will not be liable for any default or neglect in connection with this service. All such arrangements therefore are made entirely at the Prospective Buyer’s risk.
VAT
Value added tax or any equivalent tax chargeable in the UK or elsewhere.
Agency
We act as agents for the Seller, whose details remain confidential. If you buy at auction your contract is with the Seller, not us.
Export/CITES Regulations
Clients intending to import/export any item derived from natural history specimens into/from a non-European country should first check for any Import/Export and possession restrictions prior to bidding/selling.
Certain species are also subject to CITES regulations when exporting/importing these items out of the EU. CITES regulations are given on www.ukcites.gov.uk or may be obtained from:
The Animal and Plant Health Agency
Centre for International Trade
Horizon House
Deanery Road
Bristol BL1 5AH
[email protected]
0117 372 3700
Those species that are covered by the US Endangered Species Act (USESA) or The Migratory Bird Treaty Act (MBTA): potential US bidders should check with USF&W (US Fish and Wildlife Services) for trade/possession restrictions in the US prior to bidding.
Painting & Print Descriptions
The forename(s) (or asterisks where not known) and surname of the artist indicates, in our opinion, a work by the artist named.
The initials of the forename(s) and the surname of the artist indicates in our opinion a work of the period of the artist which may be wholly or in part his work.
The following terms apply in our determination of a picture description:
(a) “Attributed to” - is in our opinion probably a work by the artist.
(b) “Studio of” - is in our opinion a work from the studio of the artist which may or may not have been executed under his direction.
(c) “Circle of” - is in our opinion a work of the period of the artist executed under his immediate influence.
(d) “Follower of” - is in our opinion a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily his pupil.
(e) “Manner of” - is in our opinion a work in a style related to that of the artist, but of a later date.
(f) “School accompanied by the name of a place or country and a date” - means that in our opinion the picture was executed at that time and in that location; e.g. Flemish School, 17th century.
(g) “After” - an artist is in our opinion a copy of any date after a work by that artist.
(h) “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.
(i) “Bears signature and/or dated and or inscription means that in our opinion the artist’s name and/or date and/or inscription” - have been added by another hand.
(j) All references to signature, inscriptions and dates refer to the present state of the work.
(k) Dimensions are given height before width and do not include the frame.
(l) Pictures are framed unless otherwise stated.
Droit de Suite/ Artists’ Reauction Rights
All items in an auction catalogue that are marked with “?” are potentially qualifying items, and the royalty charge (set out below) will apply if the Hammer Price is more than the UK sterling equivalent of €1,000. The royalty charge will be added to purchase invoices and must be paid before items can be cleared. All royalty charges are paid to either the Design and Artists Copyright Society (“DACS”) or the Artists’ Collecting Society (“ACS”) by the auctioneers, and no handling costs or additional fees with respect to these changes will be retained by the auctioneer.
From 14 February 2006 United Kingdom art market professionals (which includes auctioneers) are required to collect a royalty payment for all works of art that have been produced by living artists, and those who have died within the last 70 years. This payment is calculated on qualifying works of art which are sold for a Hammer Price more that the UK sterling equivalent of €1,000 (the UK sterling equivalent will fluctuate in line with prevailing exchange rates). It is the responsibility of the Buyer to acquaint themselves with the actual Euro to UK sterling exchange rate on the Day of Auction. The actual qualifying threshold will be calculated by the “Artist’s Reauction Right Service Hub” based on the “European Central Bank” reference rate published at 2.15pm on the Day of Auction and can be found on www.dacs.org.uk
The royalty charge for qualifying items which achieve a Hammer Price of more than the UK sterling equivalent of €1,000 is as follows:
Up to €50,000 – 4%
€50,000.01 to €200,000 – 3%
€200,000.01 to €350,000 – 1%
€350,000.01 to €500,000 – 0.5%
Exceeding €500,000 – 0.25%
For further information please visit www.dacs.org.uk or www.artistscollectingsociety.org.
There is no VAT payable on this royalty charge.
Coloured Stones
It should be noted that gemstones are often treated to improve their appearance. Heating, for instance, can intensify the colour or transparency of sapphires and rubies, whilst oiling can improve the clarity of emeralds. The international jewellery trade generally accepts these methods. Once heated, the colour enhancement is permanent, though there may be some effect on the durability of the gemstone in question. Once a gemstone has been oiled, the process may need to be repeated in the future to maintain the clarity.
Watches
All Lots are sold as seen, and the absence of any reference to the condition of a watch does not imply the lot is in good condition and without defects, repairs, or restorations. Most watches have been repaired during the course of their normal lifetime and may now incorporate parts not original to them.
We do not undertake any inspection of any watches prior to any Auction. We make no representation or warranty that any watch is in working order. As watches often contain fine and complex mechanisms, Prospective Buyers should be aware that a general service, change of battery or further repair work, for which they are solely responsible, may be necessary.
Vehicles/Motorbikes
All Lots are sold as seen. We do not accept any responsibility for any repairs/defects or restorations of any such item. We have not carried out inspections or testing on such items and the absence of any reference to the condition of a vehicle or motorcycle does not imply it is in good condition. We make no representation of warranty as to any condition of any vehicle or motorcycle.
Post 1950 Furniture
Some furniture offered in the auction (as applicable) was not originally intended for use in a private home and will be sold under the category “works of art”. It is possible that some furniture does not comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1989 and, for this reason, should not be used in a private home or re-upholstered. We do not provide any warranty or guarantee as to the safety of such furniture or the compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1989.
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Books
Whilst reasonable endeavours are used to describe items accurately, Lots are sold with all faults, imperfections and errors of description. However, if upon collation, any book sold as an individual item, is found to lack text pages or illustrations, the same may be returned to Ellis, Willis & Beckett within seven days of the Day of Auction with a written description of the defect.
This shall not apply to the lack of blank leaves, half-titles, lists of plates, imprimatur, receipts, errata or adverts, nor to the presence of staining, foxing, annotation, worm holes and shaving, or defects to bindings, nor to the lack of subsequent published volumes, supplements or appendices.
Please note, the following items are sold with no right of return:
• books sold in multiple, whether named or otherwise;
• atlases;
• maps;
• manuscripts;
• periodicals;
• postcards; and
• ephemera.
Method of Payment
Payment is accepted debit card or bank transfer.
Card payments where the card holder is not present will only be accepted for transactions up to £500.
Payment can be made, and purchases collected after the auction.
All accounts must be settled within 7 days of the auction. Accounts not paid within 7 days will automatically be subject to an interest charge of 5% above base rate from the day of auction.
Collection
All purchases must be collected from our Sheffield saleroom, unless otherwise stated within seven days of the Auction (Monday to Friday 9.00am to 5.00pm).
Despatch/Delivery
Buyers may appoint their own shippers or use one of our preferred suppliers for all UK deliveries and international shipping. Their contact details are as follows:
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Terms of Business
General Conditions of Auction
1. Definition
Ellis, Willis & Beckett are referred to as “Ellis, Willis & Beckett”, “we”, “us” or “our” throughout these Conditions.
A representative of Ellis, Willis & Beckett conducting an auction is referred to as the Auctioneer.
These definitions apply to these Conditions and to the buyer’s information form.
Auctioneers’ Margin Scheme - As described at clause 20.
Buyer - the highest bidder on a Lot as determined by the Auctioneer.
Buyer’s Premium - percentage of the Hammer Price added to the Hammer Price payable to Ellis, Willis & Beckett as set out in clause 28.
Conditions - These Terms of Business including the Buyers’ Information form.
Condition Report - a report conducted by us as to the condition of a Lot upon written request from a Prospective Buyer following the guidance found in the buyer’s information form.
Auction - a purchase by the Buyer of a Lot from the Seller.
Prospective Buyer - any person registering an interest in making a purchase of a Lot.
Day of Auction - the date upon which an auction takes place for a Lot.
Lot(s) - An item offered for auction by a Seller at an auction conducted at our premises by an Auctioneer.
Hammer Price - the final price bid by a Prospective Buyer prior to the Auctioneer concluding an auction.
View Day or Days - a day determined at our discretion for Prospective Buyers to view Lots.
Time allocated for viewing will be determined according to the size and nature of the Lots.
2. Agency
Ellis, Willis & Beckett act throughout as agents only and we cannot be held responsible for any default by Buyers.
3. Attribution and Condition of Lots
Reasonable endeavours are made to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot whether or not such statement forms part of the description of any such lot. Whether any such statement is made orally or in the catalogue it is merely an expression of opinion given by us.
Each Prospective Buyer by making a bid for a Lot acknowledges that they have satisfied themselves fully as to the attribution and condition of the Lot. We make no warranty or representation as to the condition or attribution of any Lot.
In respect of pictures, these have not been removed from their frames unless specifically mentioned in the Condition Report. We accept no liability for any damage for any lot arising during the viewing, during the auction or after the auction. We act as agents only.
Forgery: Any Lot that proves to be a deliberate forgery may be returned to Ellis, Willis & Beckett by the Buyer within 21 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 Ellis, Willis & Beckett are satisfied from the evidence presented that the Lot is a deliberate forgery Ellis, Willis & Beckett shall refund the amount paid (including Buyer’s Premium and VAT) unless:
(a) if the catalogue description or condition report reflected the accepted view of scholars and experts at the time of the auction; or
(b) you are unable to transfer a good and marketable title to us, you shall have no rights under this condition.
4. Liability
Nothing in these Conditions limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quit possession).
Subject to this clause, our total liability to either the Buyer or the Seller (as appropriate) shall not exceed the value of the Lot sold by the Seller to the Buyer.
The following types of loss are wholly excluded by us:
(a) loss of profits;
(b) loss of auctions or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill; and
(f) indirect or consequential loss.
5. Disputes
Any dispute not herein proved for shall be settled at the sole discretion of Ellis, Willis & Beckett.
6. General
Ellis, Willis & Beckett shall have the right, at their discretion, to refuse admission to their premises or attendance at their auctions by any person.
No party shall be in breach of these Conditions nor liable for the delay in performing, or failure to perform, any of its obligations under these Conditions (or otherwise) if such delay or failure results from events, circumstances or causes beyond its reasonable control.
The Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Except as set out in these Conditions, no variation of these Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.
Each party irrevocably agrees that the Court of England shall have exclusive jurisdiction to settle any dispute of claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions or its subject matter or formation.
7. VAT
Value Added Tax at the current rate is payable on all commissions, premiums and charges.
Relating to the Seller
8. Commission
Seller’s commission is 10% of the Hammer Price of each Lot on all auctions. The minimum commission charge whether sold or unsold is £4.50 per Lot. Commission is payable upon demand by the Seller to Ellis, Willis & Beckett.
9. Right to Refuse
We reserve the right to use our discretion to refuse any Lot for auction.
10. Unsold Items
An unsold Lot will be subject to a fee of £4,50. A Lot which fails to sell, and which the Seller does not wish to be re-offered, will be stored free of charge for seven days, after which a storage and handling charge of £5.00 per Lot per day will be applied. Any storage charges accrued must be paid by the Seller to Ellis, Willis & Beckett prior to the release of any stored Lots.
11. Haulage Charges
The charge for haulage is £50.00 per hour (minimum charge £50.00), to include travelling to and from the location of any Lot and the loading, unloading, packing and unpacking of any Lot and appropriate insurance.
12. Withdrawn Items/Cancellation of Auction by Seller
The fee for cancelling an Auction or for withdrawal of a Lot prior to the Auction is 20% of the estimated value or the reserve (determined at our sole discretion), plus any reasonable costs incurred.
13. Withdrawn item/cancellation of Auction by Ellis, Willis & Beckett
We accept no liability for any cancellation/postponement/default of an Auction. We reserve the right to withdraw any Lot from an Auction at our discretion and no liability will be accepted should we, at our discretion, withdraw a Lot for Auction.
14. Illustrations and Photographic Images
Illustration and Photography charges will be agreed with the Seller before publication in any catalogue or media channel. Any illustrations must be approved by the Seller prior to publication. Ellis, Willis & Beckett own the copyright to all images created prior to auction which may be used in subsequent marketing activities across any media channel.
15. Reserves
Sellers are entitled to place reserves on any Lot they have consigned. A reserve cannot be higher than the bottom estimate advertised at the time of the Auction and may include a 10% increase at the Auctioneer’s sole discretion.
16. Electrical Items
Electrical items must comply with all current trading standards legislation. Ellis, Willis & Beckett reserve the right to dispose of any Lot which does not comply, at our sole discretion.
17. Soft Furnishings
The auction of soft furnishings is strictly regulated by the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010). Any Lot found not to comply with these regulations will not be accepted for auction and must be removed at the Sellers expense or disposed of by Ellis, Willis & Beckett at the Sellers expense. For the avoidance of doubt, we do not conduct testing of soft furnishings for compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988
(as amended in 1989, 1993 and 2010) and no warranty or representation in relation to the same is accepted or given. It is the sole responsibility of the Seller to ensure compliance.
18. Disposal of Items
Ellis, Willis & Beckett will dispose of items from house clearances which, in our opinion and at our sole discretion, are of no auctionable value. A charge relating to the tip charge incurred by Ellis, Willis & Beckett in disposing of these items will be made for this service.
19. VAT
Value Added Tax at the current rate is payable on all commissions, premiums and charges.
20. The Auctioneers’ Margin Scheme
This allows Ellis, Willis & Beckett to sell items without VAT on the Hammer Price and under the scheme, Ellis, Willis & Beckett shall not separate out the VAT from the Seller’s commission or Buyer’s Premium.
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21. Payment
The “net auction proceeds” received from the Buyer in cleared funds will be forwarded to the Seller no later than 28 working days after the auction (Ellis, Willis & Beckett shall use reasonable endeavours to settle non-catalogue auctions within 14 working days after the auction).
Where the buyer makes a payment more than 28 working days after the auction Ellis, Willis & Beckett shall send to the Seller the “net auction proceeds” within five working days of receipt of cleared funds from the Buyer. The “net auction proceeds” are the Hammer Price less commission and expenses set out in the Property Receipt and Instruction Form.
The Seller waives any right to interest that may be earned during the period from payment by the Buyer to receipt of the “net auction proceeds” by the Seller. For the avoidance of any doubt, the Seller shall have no recourse to Ellis, Willis & Beckett where payment is not received by Ellis, Willis & Beckett from the Buyer.
22. Consigning Lots
We may, at our absolute discretion, put any Lots not sold at an Auction, in a future Auction. Whilst we will use reasonable endeavours to notify a Seller of this, such actions are not contingent of notice being given.
Relating to the Buyer
23. Auction Room Bidding Registration
Prospective Buyers must register in writing before an Auction, giving their full name, address, contact telephone number(s) and email address. First time buyers will be required to provide proof of identity (i.e. driving licence/passport), a valid debit and a copy of a utility bill or a document showing their name and address. Upon receipt of the above a paddle will be issued, which is only valid for the Auction.
This paddle may be used to indicate your bids to the Auctioneer during the Auction. If successful, the Prospective Buyer must ensure that the Auctioneer can see their number as indicated on the paddle and that it is their number that is called out. Should there be any doubts as to price or Buyer, please draw the Auctioneer’s attention to it immediately. No liability shall be accepted for failure to rectify an error during an Auction.
24. Condition Reports
Only certain lots have reference to damage and restoration. However, the absence of any such notice does not imply that a Lot is free from defects, nor does it indicate that other defects are not also present. All Potential Buyers are deemed to have viewed all pieces they intend to bid for, and to have fully satisfied themselves as to the condition of the same.
Condition Reports for Lots are available at www.Ellis, Willis & Beckett.co.uk.
All Lots are sold as seen.
25. Telephone Bidding
Requests for telephone bidding must be registered a minimum of one hour prior to the close of the View Day. We will not accept requests on an Auction Day. Telephone lines are booked on a first come first served basis and are subject to a minimum Lot value of £100.
Full name, address and telephone numbers will be required together with proof of identity and address. Bank and debit card details are also necessary to secure the line.
26. Online Bidding
Online bidding is also available at www.easyliveauction.com. Items bought via this platform will be subject to an additional 3.6% commission charge plus VAT or a flat fee of £3 when registering for one of our auctions on www.easyliveauction.com.
By completing registration with this online bidding platform and providing your credit/debit card details and unless alternative arrangements are agreed with Ellis, Willis & Beckett you:
(a) authorise Ellis, Willis & Beckett, if they so wish, to charge the debit/credit bank card given in part or full payment, including all fees, for items successfully purchased in the auction via this online bidding platform;
(b) confirm that you are authorised to provide these credit/bank details to Ellis, Willis & Beckett and agree that Ellis, Willis & Beckett are entitled to permit the shipping of the goods to the card holder and card holder address provided in fulfilment of the auction; and
(c) Agree that Ellis, Willis & Beckett accepts no liability for any losses, however arising, for usage of www.easyliveauction.com which operates pursuant to its own terms and conditions. These Conditions solely regulate the relationship between us and you.
27. The Buyer
The highest bidder acknowledged as such by the Auctioneer will be the Buyer. If any dispute arises, the Auctioneer shall have sole discretion to settle the matter. The Auctioneer shall rule the bidding and no bid may be retracted. The Auctioneer reserves the right to refuse any bid. The Buyer who is successful in purchasing any Lot or Lots is entirely responsible for paying for such Lot or Lots in accordance with these Conditions. Purchases made on behalf of a third party are the responsibility of the Buyer in the room.
The Auctioneer reserves the right to bid on behalf of the Seller for any Lot and to withdraw, consolidate or divide any Lot or Lots.
28. Buyer’s Premium
A Buyer’s Premium of 19.5% + VAT (General Auction) & 22.5% + VAT (Specialist Auction) of the Hammer Price payable on each Lot auctions and a 10% +VAT Buyer’s Premium on motor vehicles and motorcycles.
29. Auctioneers’ Margin Scheme
The Auctioneers’ Margin Scheme allows the Auctioneer to sell items without VAT on the Hammer Price. Under the Auctioneers’ Margin Scheme an amount equivalent to VAT is added to the Buyer’s Premium. This amount cannot be refunded. VAT will not be shown separately on the Buyer’s invoice.30. Payment
Payment is due immediately from the Buyer after the auction and must be paid in pounds sterling.
The following methods of payment may be used:
• BACS/CHAPS
• debit cards;
• Bank transfer
Bank transfers should be sent to:
Santander Bank
Sort Code: 09-01-29
Account no: 59304489
Account name: Ellis, Willis & Beckett Auctioneers Client account
IBAN: XXXXXXXXXXXXXXXXXX
SWIFTBIC: XXXXXXXX
Card payments where the card holder is not present will only be accepted for transactions up to £500.00.
Payment can be made, and purchases collected, after the auction.
Accounts not paid within seven days will automatically be subject to an interest charge of 5% above base rate from the day of auction.
31. Transfer of Risk
The risk in the Lot shall pass to the Buyer upon the completion of the Auction by the Auctioneer. Ellis, Willis & Beckett are not responsible for the correct description, genuineness, or authenticity of any Lot as per these Conditions.
The Buyer is deemed to have inspected each Lot and satisfied himself as to its condition.
32. Ownership of the Lot
Title to the Lot(s) purchased will not pass to the Buyer until the Buyer has paid Ellis, Willis & Beckett in full the total amount due pursuant to these conditions and Ellis, Willis & Beckett have applied such payment to the Lot.
33. Storage and Collection
Please note furniture, carpets, clocks and larger works of art lots will remain at our premises for seven days following each auction, after which they will be removed to store and arrangements for collection must be made in advance by the Buyer.
Storage charges will be levied on all lots not collected within seven days of the Auction. This will include a handling fee of £5.00 per Lot as well as a storage charge of £5.00 per Lot per day.
Lots may not be collected until these charges have been paid without set off or deduction.
34. Droit De Suite/Artist’s Reauction Rights
From 14 February 2006 United Kingdom art market professionals (which includes auctioneers) are required to collect a royalty payment for all works of art that have been produced by living artists, and those who have died within the last 70 years.
This payment is calculated on qualifying works of art which are sold for a hammer price more that the UK sterling equivalent of €1,000 (the UK sterling equivalent will fluctuate in line with prevailing exchange rates). It is the responsibility of the buyer to acquaint themselves with the actual Euro to UK sterling exchange rate on the day of the auction.
The actual qualifying threshold will be calculated by the Artist’s Reauction Right Service Hub based on the European Central Bank reference rate published at 2.15pm on the day of the auction and can be found on www.dacs.org.uk.
