Terms and Conditions Standard Terms & Conditions
Castleblair Auctioneers carries on business with bidders, buyers and those present in
the auction room prior to or in connection with a sale on the following General Condtions
and on such other terms, conditions and notices as may be referred to herein.
In these terms of business Castleblair Auctioneers is referred to as ‘Castleblair’
1. DEFINITIONS In these Conditions: “auctioneer” means the firm of Castleblair its
authorised auctioneer, as appropriate; “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; “hammer price” means the level of
bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
“terms of consignment” means the stipulated terms and rates of commission on which
Castleblair accepts instructions from sellers or their agent; “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; “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;
“You”, “Your”, etc. refer to the buyer as identified in Condition
The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER Bidders are required to register their
particulars before bidding and to satisfy any security arrangements before entering the
auction room to view or bid. 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 the
bid, which must be raised before the next lot is offered, shall be settled at the
auctioneer’s absolute discretion. Bidders shall be deemed to act as principals Once
made, no bid may be withdrawn Our right to bid on behalf of the seller is expressly
reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
Also just to add we are not responsible for the package once it leaves saleroom .
3. INCREMENTS Bidding increments shall be at the auctioneer’s sole discretion which is
based on 10%.
4. THE PURCHASE PRICE The buyer shall pay the hammer price together with a
premium thereon of 20% on the premium at the rate imposed by law.
5. VALUE ADDED TAX Value Added Tax on the hammer price as imposed by law on all
item affixed with an asterisk. Value Added Tax is charged at the appropriate rate
prevailing by law at the date of the sale and is payable by buyers of relevant lots.
6. PAYMENT Immediately a Lot is sold you will: Give to us, if requested, proof of identity.
Pay to us the total amount due in cash or such other way as is agreed by us. We accept
cash, debit card, credit card . Debit and Credit card payments can only be accepted if the
buyer is present. We do not accept American Express or Diners Club. Any payment by
you to us may be applied by us towards any sums owing from you to us on any account
whatever without regard to any directions of you or your agent, whether express or
implied
7. TITLE & COLLECTION OF PURCHASES The ownership of any Lots purchased shall not
pass to you until you have made payment in full to us for the total amount due. You shall
at your own risk and expense take away any lots that you have purchased and paid for
not later than five working days following the day of auction providing that all payments
have cleared our account to include cheque or bank transfer payments, after which you
shall be responsible for any removal, storage and insurance charges. No purchase can
be claimed or removed until it has been paid for.
8. 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 Conditions or if there is any
other breach of these Conditions, we as agent for the seller shall at our absolute
discretion and without prejudice to any other rights we may have, be entitled to exercise
all or any of the following rights and remedies: to proceed against you for damages for
breach of contract; to rescind the sale of the Lot and/or any other Lots sold by us to you;
to resell the Lot (by auction or private treaty) in which case you 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; to remove,
store and insure the Lot at your expense and, in the case of storage, either at our
premises or elsewhere; to charge interest at a rate not exceeding 1.5% above the current
base rate per month on the total amount due to the extent it remains unpaid for more
than five working days after the sale; to retain that or any other Lot sold to you until you
pay the total amount due; reject or ignore bids from you or your agent at future auctions
or to impose conditions before any such bids shall be accepted; to apply any proceeds
of sale or other Lots due or in future becoming due to you 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 for any purpose
9. THIRD PARTY LIABILITY All members of the public on our premises are there at their
own risk and must note the lay-out of the accommodation and security arrangements.
Accordingly neither the auctioneer nor our employees or agents shall incur liability for
death or personal injury (except as required by law by reason of our negligence) or
similarly for the safety of the property or persons visiting prior to or at a sale.
10. 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.
Please note that any lots purchased via the- live auction service will be subject to an
additional 3% commission charge at the rate imposed on the hammer price
11. WARRANT OF TITLE & AVAILABILITY The seller warrants to the auctioneer and to
you 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 encumbrance and any third party claims.
12. AGENCY The auctioneer normally acts as agent only and disclaims any responsibility
for default by sellers or buyers.
13. TERMS OF SALE 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 to the consignor at the time of the entry of the Lot.
14. STANDARD VENDOR CHARGES You will pay 15% of the hammer price of each lot
which sells. Loss and Damage Warranty is £1 per insurance fee for every item . on value
of lots sold and a £1.00 per lot lotting fee will be applied and this will include
photography and marketing, etc. Castleblair reserves the right to charge a Withdrawal
Fee of up to 10% of the reserve or lower estimated selling price and to return any items
to the Vendor at the Vendor’s cost.
15. DESCRIPTIONS & CONDITION Whilst Castleblair makes every effort to describe lots
accurately, it may be impractical for us to carry out exhaustive due diligence on each lot.
Prospective buyers and any independent expert acting on the buyer’s behalf are given
ample opportunities to view and inspect before the sale and they must satisfy
themselves as to the accuracy of any description applied to a lot. Prospective buyers
also bid on the understanding that, inevitably, any representation or statement by us as
to authorship, genuineness, origin, date, age, provenance, condition or estimated selling
price is a statement of opinion only. Subject to the foregoing neither the auctioneer nor
its employees or agent nor the seller accept liability for the correctness of such opinions
and all conditions and warranties, whether relating to description, condition or quality of
Lots, express, implied or statutory are hereby excluded. This Condition is subject to the
next following Condition concerning deliberate forgeries. Private treaty sales made
under these Conditions are deemed to be sales by auction for purpose of consumer
legislation
16. FORGERIES Notwithstanding the proceeding Condition, any Lot which proves to be a
deliberate forgery (as defined) may be returned to us by you 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 we are satisfied from the evidence presented that the Lot is a deliberate
forgery we shall refund the money paid for the Lot including any buyer’s premium (but
not the amount of any consequential loss, damages, expenses or interest) provided that
(1) if the catalogue description reflected the accepted view of scholars and experts as at
the date of the sale or (2) you personally are not able to transfer a good and marketable
title to us, you shall have no rights under this condition.
17. GENERAL We shall have the right at our discretion to refuse admission to our
premises or attendance at our auctions by any person.
18. 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.
19.Any indemnity or exclusion under these Conditions shall extend to all actions, costs,
expenses, claims and demands whatsoever suffered or incurred by the person entitled
to the benefit of it and the auctioneer declares itself to be a trustee of the benefit of
every such clause so far as it is expressed to be for the benefit of its employees and
agents.
20. Any notice to the buyer, seller, bidder or viewer may be given by first class mail in
which case it shall be deemed to have been received by the addressee 48 hours after
posting.
21. Special terms may be used in catalogue descriptions or particular classes of items in
which case the description must be interpreted in accordance with any glossary
appearing within the catalogue.
22. Any indulgence extended to buyer or sellers by us notwithstanding the strict terms of
these conditions or of the Terms of Consignment shall effect 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. Buying We aim to make
buying and selling through Castleblair Auctioneers a simple and enjoyable process.
Below you will find some useful information to help you but if you are unsure of any
aspect then please do not hesitate to ask a member of staff for assistance. Registration
Prior to bidding all buyers must register to bid and obtain a paddle number at the office.
For buyers who are unable to attend then confirmation of your name, address and
contact telephone number must be emailed to our office. Bidding Procedures There are
four easy methods of bidding with Castleblair : undefined Attending the Sale & Bidding in
Person After registration you will be given a paddle or bidder number. The Auctioneer
will call out the lot number and bidding shall commence with preset increments, should
you wish to bid you must raise your paddle and continue bidding until the point where
you are the highest bidder or you decide to stop, if successful the Auctioneer will note
down your paddle number. In the case of a dispute in regard to price or buyer then this
must be drawn to the Auctioneer’s attention prior to the offering of the next lot. Leaving
a Commission Bid If you are unable to attend the auction then you can instruct
Castleblair to bid on your behalf. This is known as a Commission Bid and it is a free and
confidential service.
We accept Commission bids either by written instruction with the completion of a
Commission bid form, telephone, email or fax. We shall then bid on your behalf up to the
maximum level that you have set. All bids are dependent upon bidding activity in the
room, any other commission bids left or reserves, etc.
Lots will be purchased as cheaply as possible in line with room activity. In the event that
two commission bids have been left for the same account, then priority will be given to
the earliest bid received.
Telephone Bidding With prior arrangement a telephone bid can be arranged with a
telephone line booked on single or multiple lots. A member of staff shall 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 back up 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
5:00pm on the afternoon of the sale. Online / Internet Bidding Additionally all sales allow
buyers the opportunity to bid from the comfort of their own home using our live online
bidding service. To register your Buyers Premium A buyer’s premium of 15% of the
hammer price is charged on all lots purchased at the auction. No VAT is payable on the
buyer’s premium. Payment You can pay in person by cash, cheque, banker’s draft, debit
card or credit card. Whilst debit card payments are free we regret to inform that to cover
certain credit card processing then a surcharge of 2% plus VAT will be applied. If you are
NOT PRESENT payment must be made via bank transfer, bankers draft or cheque. Our
account details are available upon request. Please not that if paying by bank transfer
then you will need to quote your paddle or bidding number as a reference when sending
funds. All payments MUST be made within five working days of the sale and all funds
must have cleared our account prior to collection. Collection of Goods If you have paid
for your purchases with cash, debit or credit card then collection can be made
throughout the sale or within five working days of the sale, unless by prior arrangement.
It is advised that payment is made immediately and that collection is swift as all goods
are the buyer’s responsibility from the point of sale. Once you have paid or your funds
have cleared and your goods are ready for collection you must give a copy of your
receipt to a member of staff who will sign out your goods. It is advised to bring all
relevant packaging and boxes that you will need to secure and carry your purchases.
Packing & Shipping We offer a limited packing service within the UK and at the
Auctioneer’s sole discretion. As we are restricted to what can be included in this service,
it is advised that you check with the office before bidding. For instance we can only pack
single lot items with a value below £500 and we DO NOT post glazed paintings or
mirrors, extremely fragile items to include pottery, porcelain and glass, arms and
weaponry, or heavy and large sized goods. All clients must agree to absolve Castleblair
Auctioneers against any loss or damage that may occur whilst using Royal Mail
Services. All liabilities are with the buyer.
For paintings and fine art we recommend Aardvark Art Services and they can be
contacted on 01253 794673. Email info@aardvarkartservices.com We can arrange for
the delivery of furniture and larger items to the local area, please contact the office for a
quote. Additionally we are able to recommend a number of national carriers.
Storage Following the sale all items must be collected within five working days,
thereafter a DAILY storage charge of £1 for smaller items per lot . £5 for furniture and
larger items will be applied per day for each item. Unfortunately storage space is limited
and if goods are left on our premises for longer than 1 month, Castleblair’s will sell
uncollected goods to defray any storage charges incurred. We are open Monday to
Thursday from 10.30am to 4:00pm for collection and by special arrangement if need be.
New ruling this just been brought in to effect , wee are not liable for any postage
damages once the parcel leaves the sale rooms as the buyer you are responsible for
this. Also for on our terms for packing and times you will be charged £15.00 per hour ,
£10 a box and £5 per metre for packing .
The Auction The Auction is governed by the Condition of Sale. Please note that they can
be amended by way of notice as posted on our website or by way of an announcement
made by the Auctioneer. Catalogues, Viewing & Condition Reports Catalogues are
available for each sale; they cost £1 and can be purchased from the office on viewing
and sale days. Within the catalogue each lot is given a brief description and estimates
are supplied but please note that the estimates are guidelines only and lots can sell
above or below the guideline prices. The guide prices printed in the auction in catalogue
Additionally each lot is photographed with an image available for viewing on our
website, usually on the Monday prior to the sale. Public viewing takes place for two days
prior to an auction. Please check out our website and local press for viewing dates and
times. However if you are unable to make these times and need to view then please just
give us a call and we shall try our best to accommodate.
During the viewing days prospective buyers are invited and encouraged to inspect the
lots and they must satisfy themselves as to the accuracy of any description. All lots are
sold as seen and their condition cannot be guaranteed. Sometimes prospective buyers
require further information and detail about lots, and we are happy to supply this along
with extra photographs, etc. Whilst we endeavour to provide accurate statements we are
unable to carry out exhaustive condition reports and we do not accept liability for the
correctness of such opinions. Prospective buyers are given ample opportunity to view
and inspect lots and to ask for further information as required. They must satisfy
themselves as to the accuracy of any description we apply to a lot. Inevitably, our
descriptions and attributions are statements of opinion, in regard to, inter alia, matters
of authorship, genuineness, signatures, style, origin, date, age, provenance, condition,
value and estimated selling price. At our absolute discretion we will refer to any damage
on a lot as a/f (at fault) in the catalogue. Ultimately prospective buyers are strongly
recommended to consult a second opinion prior to making significant purchases. If you
require a condition report prior to the auction then please call us or email us no later
than 5pm on the evening prior to sale day. Artist Resale Rights (ARR) (ARR) indicates
works which may be subject to the Droit de Suite or Artist’s Resale Right, which took
effect in the UK on 14th February 2006. In accordance with legislation we are required to
collect a Royalty for all qualifying works of art. This legislation was updated in January
2012 to include living artists and artists who have died in the last seventy years. This
Royalty will be charged to the Buyer on the hammer price and in addition to the buyer’s
premium / commission rate. The Royalty rate only applies to works of art where the
hammer price exceeds
If you have further queries then please contact the DACS helpline on 0845 410 3410 or
alternatively email info@dacs.org.uk or visit www.dacs.org.uk Important information for
Buyers Regarding Post 1950’s Furniture Please note that Post 1950’s furnishings may
not comply with the furniture and (Fire) Safety Regulations Act of 1988 and as such are
sold as works of art and should not be used in a private dwelling.
23. Electrical Goods. Lots which were once operated by mains electricity are offered for
sale for display or historical purposes and are bought entirely at the purchaser’s risk.
Any lot with an electrical fitting must be checked by a qualified electrician before
connection to the mains electrical supply. Castleblair cannot accept responsibility for
any contravention of this standard condition.
24. Scottish law applies
