CONDITIONS OF SALE – BUYER
1. Your contract with Duke’s Auctioneers
(a) We conduct business with Bidders, Buyers and all those present at Live Auctions and Online Auctions, prior to or in connection with a sale by Auction on the following Conditions and on such other terms, conditions and notices as may be published by us.
(b) By agreeing to these Conditions, you represent that you are at least 18 years old.
(c) We may, at our sole discretion, modify or replace these Conditions at any time. It is your responsibility to check these Conditions periodically for changes. Your acceptance of these Conditions at the point of registering to bid constitutes your acceptance of such changes.
(d) Definitions used in these Conditions are at Condition 19.
2. BIDDING PROCEDURES
(a) Individuals or traders who wish to be accepted as Bidders are required to register their particulars before bidding and to satisfy any security, credit or identity checks before entering the Live Auction or Online Auction or bid.
(b) We reserve the right to ask you at any time, whether before or after you are accepted as a Bidder, to provide us with a bank guarantee, payment in advance or a financial reference in order to be permitted to bid on any Lot.
(e) The Bidder of the Hammer Price bid shall be the Buyer and any dispute about a bid shall be settled at the auctioneer’s absolute discretion by reoffering the Lot during the course of the live auction or a future auction. The auctioneer shall act reasonably in exercising this discretion.
(f) Bidders shall be deemed to act as principals.
(g) Once made, no bid may be withdrawn.
(h) 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.
3. CONDUCT OF LIVE AUCTIONS
(a) Live Auctions will be conducted at an appointed date and hour, and may extend over a number of sessions or days. Duke’s may at its discretion pause or cease the Auction at any time, for example as a result of technical issues.
(b) Bidders may place bids in person, by telephone, via the Website and by commission bids and are subject to Condition 12.
(c) We reserve the right to withdraw a Lot, or to divide and/or combine a Lots at any time, in our absolute discretion.
(d) The Auctioneer may, in his absolute discretion, select and modify the increments that bids will follow in any Live Auction.
(e) We will notify you by email and/or through your client account at the end of the Live Auction if you are the successful bidder and whether Duke’s (as agent for the Seller), has accepted your offer to purchase the Lot. You are strongly advised to contact Duke’s as soon as possible after the end of the Live Auction if you believe that your bid has been successful and you are unable to access the Website or if you do not receive confirmation from us.
(f) Until you have received confirmation from us that your bid has been accepted at the Hammer Price, neither Duke’s nor the Seller are obliged to sell the Lot to you. Payment terms are detailed under Condition 7.
(g) Unsold Lots
a. If at the end of the Live Auction, a Lot is unsold (other than because we have withdrawn it), the Lot may be automatically added to an after sale list which is published after the Live Auction ends.
b. You may contact us and offer to purchase a Lot from the after sale list. If your bid exceeds the Reserve, we may authorise the sale of your Lot without contacting the Seller and the sale will be completed as if the Lot had been sold in the Live Auction. If your offer is less than the Reserve, we will contact the Seller to discuss whether they wish to proceed with the sale. If they do, the sale will be completed as if the Lot had been sold in the Live Auction.
4. CONDUCT OF ONLINE AUCTIONS
(a) All Online Auctions are conducted on a timed basis. The start and end time of each Online Auction will be shown on the Website. Duke’s may at its discretion close early or extend any Online Auction in accordance with Condition (b) or, for example, as a result of technical issues. No bid will be accepted before an Online Auction has begun or after an Online Auction has closed.
(b) If a bid is placed within the final 5 minutes of an Online Auction, the duration of such Online Auction shall be automatically extended for a further 2 minutes. This process shall be repeated until such time that a bid is not made within the last 5 minutes of the Online Auction.
(c) Bidders may only place bids via the Website during the Online Auction. Duke’s will not accept any bids by telephone or in writing. Commission bids may be submitted 24 hours in advance of the commencement of the Online Auction in person or by email to
[email protected] and are subject to Condition 12.
(h) We reserve the right to withdraw a Lot, or to divide and/or combine a Lots at any time, in our absolute discretion.
(d) The Winning Bid will be the highest bid that meets or exceeds the Reserve Price, if any; complies with these Conditions; and meets any other additional conditions published in the description of the item (if any) on the Website at the time that the Auction ends.
(e) Duke’s may, in its absolute discretion, select and modify the increments that bids will follow in any Online Auction.
(f) Duke’s reserves the right to cancel or avoid an Online Auction or the result thereof (including by way of revoking a Winning Bid) if, and to the extent, a system failure results in the Online Auction not functioning as it should or publishing an incorrect outcome. In the event of such a system failure, we will notify you as soon as reasonably practicable of such error and the action we have decided to take to rectify the failure. This may involve us relisting a Lot for a future Online Auction.
(g) Duke’s will notify you by email and/or through your client account at the end of the online auction if you are the person who submitted the Winning Bid (which constitutes an offer to purchase the Lot from the Seller at the Hammer Price) and whether Duke’s (as agent for the Seller), has accepted your offer to purchase the Lot. You are strongly advised to contact Duke’s as soon as possible after the end of the Online Auction if you believe that your bid has been successful and you are unable to access the Website or if you do not receive confirmation from us.
(h) Until you have received confirmation from Duke’s that your Winning Bid to purchase the Lot has been accepted at the Hammer Price, neither Duke’s or the Seller are obliged to sell the Lot to you. Payment terms are detailed under Condition 7.
(i) Unsold Lots
a. If at the end of the Online Auction, a Lot is unsold (other than because we have withdrawn it), the Lot may be automatically added to an after sale list which is published after the Online Auction ends.
b. You may contact us and offer to purchase a Lot from the after sale list. If your bid exceeds the Reserve, we may authorise the sale of your Lot without contacting the Seller and the sale will be completed as if the Lot had been sold in the Online Auction. If your offer is less than the Reserve, we will contact the Seller to discuss whether they wish to proceed with the sale. If they do, the sale will be completed as if the Lot had been sold in the Online Auction.
5. THE PURCHASE PRICE
The Buyer shall pay the Hammer Price (or Winning Bid in Online Auctions) together with a premium thereon of 25% plus VAT on the premium at the rate imposed by law on the Lot purchased. By exception, Buyer’s Premium on vehicles is charged at 15% plus VAT on the premium at the prevailing rate.
6. VALUE ADDED TAX
Value Added Tax on the Hammer Price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by the Buyer of the Lot. VAT is payable at 5.00% on the Hammer Price and 20% on the Buyer’s Premium.
7. PAYMENT
Immediately a Lot is sold to you, you will:
(a) Give to us, if requested, further proof of identity, and
(b) Pay to us the Total Amount Due by the means following or in such other way as is agreed by us:
a. Debit and Credit Cards: payments over the telephone cannot be made for invoices totalling more than £500 unless the Buyer is known to Duke’s. Payment can be made in person using a chip and pin number, bank transfer, cash up to £9,000
b. Cheques: we regret that it is unable to accept cheques in payment for purchases, except where arrangements have been made well in advance of the Auction day. Intending purchasers are asked to instruct their bank to contact Duke’s bank (NatWest Bank, 49 South Street, Dorchester) as early as possible, to confirm clearance in writing up to a stated maximum amount to ensure that a cheque will be accepted on the Auction day. A Banker’s Draft, a Building Society cheque or cash will be required to allow removal of goods on the Auction day. Purchasers may not otherwise remove goods until their cheques are cleared.
(c) Any payments 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.
(d) We may require a deposit of 5% of the Hammer Price immediately. If the Buyer is unable to meet this requirement to our satisfaction, we may cancel the sale immediately. The Buyer will be responsible for a cancellation charge together will all consequential costs, losses and expenses incurred by us or the Seller.
(e) We are obliged to comply with Anti-Money Laundering regulations which apply to individuals or businesses who deal in the sales, purchases and storage of works of art with a value of €10,000 (or equivalent). We may be obliged to suspend our services or client account and/or your access where suspicious activity occurs.
8. TITLE AND COLLECTION OF PURCHASES
(a) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the Total Amount Due.
(b) You shall at your own risk and expense take away every Lot that you have purchased and paid for not later than 5 working days following the day of the Auction or upon the clearance of any cheque used for payment after which you shall be responsible for any removal, storage and insurance charges.
(c) No purchase can be claimed or removed until it has been paid for.
(d) BUYERS OF FURNITURE
All items are held at the risk of the Buyer. If they are not removed within 5 working days of the sale we will instruct a carrier to remove them to storage. The Buyer will be responsible for paying the carrier all charges incurred and for making arrangements in advance for the removal of items from their store after payment of their charges on production of our receipt for the items.
(e) BUYERS OF WILDLIFE MATERIAL
Property made of or incorporating (irrespective of percentage) endangered and other protected species of wildlife, including but not limited to, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone and certain species of coral, together with Brazilian rosewood, may require permits or certificates (e.g. a CITES permit) from the relevant regulatory agencies to be exported or imported. Prospective purchasers are also advised that some countries prohibit altogether the importation as well as exportation of such materials. Accordingly, Bidders and Buyers should familiarise themselves with the relevant customs laws and regulations prior to bidding on any property with wildlife material if they intend to import the property into another country. Please note that it is the client’s responsibility to determine and satisfy the requirements of any applicable laws or regulations applying to the export or import of property containing endangered or protected wildlife material. The inability of a client to export or import property containing endangered or protected wildlife material is not a basis for cancellation or rescission of the sale.
9. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
(a) 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 and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
a. to proceed against you for damages for breach of contract;
b. to rescind the sale of that Lot and/or any other Lots sold by us to you;;
c. 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;
d. to remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
e. to charge interest at a rate not exceeding 1.5% per month on the Total Amount Due to the extent it remains unpaid for more than 3 working days after the sale;
f. to retain that or any other Lot sold to you until you pay the Total Amount Due;
g. to reject or ignore bids from you or your 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 you towards the settlement of the Total Amount Due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
(b) We shall, as agent for the Seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these Conditions.
10. THIRD PARTY LIABILITY
(a) Any person or his personal property at or on our premises, before, during, or after the Auction, shall be deemed to be there at their own risk and will have no claim against us or the Auctioneer in respect of any loss, injury sustained, or accident which may occur.
(b) Nothing in these Conditions shall operate to exclude or limit the liability of a party in respect of death or personal injury resulting from that party’s own negligence, for fraud or for any liability that cannot be excluded or limited by law.
11. ARTIST’S RESALE RIGHT
From mid-February 2006 living artists are entitled by law to receive a resale royalty each time their work is resold by or to an art market professional. From 1st January 2012 the Right has been extended to include sales of works by artists who have died within the last 70 years (following the existing term of copyright). Royalties will be payable to the families and beneficiaries of these artists. An artwork must be resold for more than 1,000 Euros to qualify for the right. The rates payable are calculated as a percentage of the Hammer Price and are set out in a sliding scale from 4% to 0.25%. The charge is exclusive of VAT. We reserve the right to pass all of the cost to the person buying the qualifying artwork.
12. COMMISSION BIDS & TELEPHONE BIDS
Whilst 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 (during viewing days for live auctions or by appointment for online auctions), we will if so instructed clearly in advance and in writing execute bids on their behalf. We, the Auctioneer or our employees or agents shall not be responsible for any failure to do so save where such failure is unreasonable. 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.
13. WARRANTY OF TITLE AND AVAILABILITY
The Seller warrants to us and 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 Lot free from any third party claims.
14. AGENCY
We act as agent for the Seller only and disclaim any responsibility for default by Seller or Buyer.
15. TERMS OF SALE
The Seller acknowledges that the Lot is sold subject to the stipulations of these Conditions in their entirety.
16. INFORMATION TO BIDDERS, DESCRIPTIONS AND CONDITION
(a) In respect of a Live Auction, the relevant Catalogue may contain an entry about the Lot. Each Lot is sold by its respective Seller to the Buyer as corresponding only with that part of the entry which is printed in bold letters and with any photograph (if any) of the Lot in the Catalogue. The remainder of an entry, which is not printed in bold letters, represents Duke’s opinion (given on behalf of the Seller) about the Lot only, and is not part of the Information to Bidders in accordance with which the Lot is sold by the Seller.
(b) In respect of an Online Auction, the Website will contain an entry about the Lot. Each Lot is sold by its respective Seller to the Buyer as corresponding only with that part of the entry which is emphasised in bold letters and with any photograph (if any) of the Lot on the Website. The remainder of an entry, which is not emphasised in bold letters, represents Duke’s opinion (given on behalf of the Seller) about the Lot only, and is not part of the Information to Bidders in accordance with which the Lot is sold by the Seller.
(c) Whilst we seek to describe a Lot accurately, it may be impractical for us to carry out exhaustive due diligence. Bidders are given ample opportunities to view and inspect a Lot before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a Lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing, we, our representatives, employees or agents and the Seller do not accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of the Lot, express, implied or statutory, are hereby excluded. This Condition is subject to Condition17.
(d) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
17. FORGERIES
(a) Notwithstanding Condition 16, a Lot which proves to be a Forgery may be returned to us 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 Information to Bidders and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a Forgery we shall refund the money paid by you for the Lot including any Buyer’s Premium provided that:
a. if the Information to Bidders reflected the accepted view of scholars and experts as at the date of sale; or
b. you personally are not able to transfer a good and marketable title to us,
you shall have no rights under this condition.
(b) The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
18. GENERAL
(a) We have the right at our absolute discretion, to refuse admission to our premises or attendance at our auctions by any person.
(b) Dukes may at any time refuse or withdraw the registration of a Bidder without ascribing any reason. In such a case where the registration of a Bidder is withdrawn, that Bidder’s client account shall be closed. Any bids made by an unregistered bidder’s agent may be refused during or after an Auction.
(c) 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 us, the Auctioneer and/or the Seller as appropriate
(d) Such rights and exclusions shall extend to and be deemed to be for the benefit of our employees and agents and those of the Auctioneer and/or the Seller who may themselves enforce them
(e) Any notice to any Buyer, Seller, bidder or viewer will be published and available at Duke’s Reception counters and will be announced during a Live Auction or published on Duke’s Website for an Online Auction
(f) Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
(g) Any indulgence extended to Bidders or Buyers by us notwithstanding the strict terms of these Conditions shall affect 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.
(h) English law applies to the interpretation of these Conditions.
19. DEFINITIONS
In these Conditions:
“Auction” means either a Live Auction or an Online Auction to be conducted in accordance with these Conditions;
“Auctioneer” means our representative who shall be solely responsible for the Live Auction or Online Auction, and shall conduct the Auction in accordance with these Conditions;
“Bidder” means a potential Buyer who has been accepted for registration in accordance with Condition 2 who is present or represented at an Auction;
“Buyer”, “you”, “your”, etc. refers to the buyer as identified in Condition 2;
“Buyer's Premium” has the meaning in Condition 5;
“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 Information to Bidders as being the work of a particular creator and which, at the date of the Auction, had a value materially less than it would have had if it had been in accordance with the description given;
“Duke’s”, “our”, “us”, “we” means Duke’s 1823 LLP, a limited liability partnership, incorporated in England and Wales with registered number 0C392496, whose registered office is at Duke’s Brewery Square, Dorchester, DT1 1GA;
“Hammer Price” means the highest bid, accepted by the Auctioneer conducting the Live Auction or the “Winning Bid” in an Online Auction, that meets or exceeds the Reserve Price, if any, and complies with these Conditions, and in a Live Auction meets any other additional conditions or notices announced during the Auction (if any);
“Information to Bidders” means relevant catalogue or online description of the Lot together with any glossary of terms applicable to the Lot which is contained in the catalogue or is provided online;
“Live Auction” means an auction conducted by an Auctioneer at Duke’s premises or an offsite location with Bidders bidding live in the Auction room in person, by telephone, by our Website or by commission bid received in advance;
“Online Auction” means an auction conducted over a defined period of time on our Website, with bidding conducted on the Website or by commission bid received in advance;
“Reserve” the minimum price at which the Lot can be sold, agreed in confidence with the Seller;
“Total Amount Due” means the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
“Website” means www.dukes-auctions.com
The singular includes the plural and vice versa as appropriate.
CONDITIONS OF SALE - SELLER
1) Our Status
a) You appoint us, Duke’s 1823 LLP, as agent to sell the item specified by you in the Consignment Confirmation (‘the Lot’) on your behalf through our Live Auctions or Online Auctions conducted on www.dukes-auctions.com (our “Website”).
b) We will agree with you the terms of auction of your Lot by a Live Auction or an Online Auction (the “Auction”) in the Consignment Confirmation, which will contain your contact details and those of the Lot and the Information to Bidders .
c) Our representative, the Auctioneer, shall be solely responsible for the Live Auction or Online Auction, and shall conduct the Auction in accordance with these Conditions.
d) You will pay us the Seller’s Commission together with VAT at the prevailing rate:
i) Live Auction or Online Auction managed by Duke’s Fine Art Saleroom
15% on all Lots sold for £1,000 or less, and 10% on all Lots in excess of £1,000;
on Lots bought in, 10% of the Reserve, except where the Seller accepts the Reserve recommended by the Auctioneer;
the minimum commission charge is £10 per Lot;
ii) Live Auction or Online Auction managed by Duke’s Avenue Saleroom 15% on all Lots.
e) We will pay to you the Net Hammer Price 28 business days after the Date of Sale or, if later, 7 days after we receive payment from the Buyer in cleared funds. The Net Hammer Price is the Hammer Price from the sale of your Lot, less retained commission, loss and damage warranty charge, illustration charge, Lotting charge and all expenses that we have incurred in connection with your Lot, any other amounts owed by you to us that are due and payable, and applicable VAT.
f) We are obliged to comply with Anti-Money Laundering regulations which apply to individuals or businesses who deal in the sales, purchases and storage of works of art with a value of €10,000 (or equivalent). We may be obliged to suspend our services or client account and/or your access where suspicious activity occurs.
2) The Reserve
a) We will agree with you the price below which the Lot will not be sold (the “Reserve”), which may be higher than the starting bid but, subject to Clause 8g), shall not exceed the low estimate for that Lot published on the Website. In the absence of an agreed Reserve, Lots will be sold without Reserve.
b) When the term discretion (“disc.”) is used in conjunction with a Reserve, it may be interpreted as giving the Auctioneer approximately 10% leeway on the stated Reserve, to the nearest bid. For example, a Reserve of £100 disc would equate to a minimum Hammer Price of £90.
c) We will not publicise the Reserve on the Website or otherwise.
d) We may, at our discretion, sell the Lot for a sum less than the Reserve provided that we shall account to you for the difference between the Hammer Price and the Reserve.
e) We may bid on your Lot up to an amount equal to the Reserve. You may not bid on your Lot under any circumstances, nor may you permit any person to bid on your Lot on your behalf.
3) Cataloguing and estimates
a) We will catalogue items received for sale as we think fit, and will refuse to offer any goods for auction if they are considered unsaleable or in any way unsuitable for our auctions (e.g. of insufficient value). Any unsuitable items may be returned to you at your expense, or disposed of at our discretion.
b) Estimates are given for guidance only and may be subject to revision after initial instructions have been received.
4) Lots withdrawn, combined or split
a) We reserve the right to withdraw a Lot, or to divide and/or combine a Lots at any time, in our absolute discretion.
b) Where a Lot is withdrawn by you prior to the Auction, then commission at the applicable rate and an allowance for buyer’s premium at 25% shall be payable (based on the value of the Lot as assessed by the Auctioneer, at the top end of the pre-sale estimate). You will also be liable for any additional charges for illustrations, loss and damage liability and any other costs or compensation resulting from the withdrawal of the Lot(s) from sale.
5) Seller’s obligations and undertakings
a) You warrant to us and to the Buyer that:
i) you are the sole owner of the Lot and that you have full right, title and authority to sell the Lot;
ii) you have no reason to believe that the Lot is a Forgery;
iii) the Lot is sold by you to the Buyer with full title guarantee and free from all encumbrances;
iv) you have provided to us all of the relevant information and documents in your possession or control concerning the Lot, including information about its authenticity, history, condition, prior ownership and all such information is complete and accurate to the best of your knowledge;
v) you have given us notice in writing of any information expressing any concern as to the ownership or authenticity of the Lot;
vi) where the Lot has been removed from another country, you hold any and all necessary export and import licences and permits;
vii) if the Lot has been removed from a country outside the EU, all duties and taxes on the export and import of the Lot have been paid, all export and import declarations have been properly made;
viii) you will pay any and all taxes and/or duties that may be due in connection with the sale of the Lot;
ix) you have given us notice in writing of any material alterations to the Lot of which you are aware; and
x) you may not withdraw the Lot from an Online Auction without our consent.
b) You will indemnify us and the Buyer in full on demand against all claims, costs or expenses incurred by us or the Buyer as a result of any breach by you of any of the warranties or obligations contained in this Clause 5.
6) Illustrations
a) We may take (or authorise others to take) photographs, video and/or produce images of a Lot for marketing and/or research purposes, and will own all intellectual property rights in any such images and may use them for any purpose whatsoever, and you warrant that there is no restriction on our ability to do so.
b) Illustrations published on www.dukes-auctions.com for a Lot sold in a Live Auction or Online Auction managed by Duke’s Fine Art Saleroom carry a charge of £15 plus VAT at the prevailing rate per Lot. This will be deducted from the sale proceeds.
c) Illustrations in the printed catalogue will be included if the specialist/cataloguer believes it will benefit the sale of the Lot and the costs will also be deducted from the sale proceeds.
7) Risk; Loss Damage Warranty
a) We are not regulated by the FCA for the distribution of insurance products to clients. For our own protection, however, we assume liability for property consigned to us at the Reserve, or in the absence of a Reserve, what we estimate an item will sell for at auction. The estimate is made by the Auctioneer and is binding upon you. For this we will charge you 1.5% plus VAT of the Hammer Price for the applicable Lot or the value the Lot might have sold for as assessed by the Auctioneer. This amount will be deducted from the sale proceeds.
b) If the you instruct us in writing not to take such action then the items remain at the your risk until the title in them passes to the Buyer, or they are collected by you or on behalf and Clause 7a) is no longer applicable. In such a case, subject to Clause 12, we shall not be liable to you for any loss or damage to the Lot howsoever arising whilst in our possession or under our control.
c) The compensation for any item removed, stolen, lost or damaged, whether covered by the loss damage warranty or not, will be restricted to the agreed Reserve, or in the absence of any agreed Reserve, what we estimate an item will sell for at auction
d) Subject to Clause 7a), risk in the Lot remains with you at all times until risk passes to the Buyer. You will indemnify us, the Auctioneer, our employees and agents, and the Buyer (where applicable) against all losses, damages, claims, costs and expenses suffered or incurred as a result of any claim in respect of the Lot or the proceeds of sale of the Lot.
8) Unsold Lots
a) If at the end of the Live Auction or Online Auction, your Lot is unsold (other than because we withdrew it), the Lot will be added to the After Sale List.
b) A Registered Bidder may contact us and offer to purchase a Lot from the After Sale List. If the Registered Bidder’s bid exceeds the Reserve, we may authorise the sale of your Lot without contacting you and the sale will be completed as if the Lot had been sold in the Live Auction or Online Auction. If the Registered Bidder’s offer is less than the Reserve, we will contact you to discuss whether you wish to proceed with the sale. If you wish to proceed, the sale will be completed as if the Lot had been sold in the Live Auction or Online Auction.
c) You may contact us at any time after the Live Auction or Online Auction has ended to remove your Lot from the After Sale List. Removal of your Lot from the After Sale List will not be confirmed until you have received written confirmation from us to that effect. If your Lot remains unsold beyond the After Sale Offer Deadline, we will automatically remove it and notify you.
d) Within 30 days after the date of your notice to us, or of our notice to you, in accordance with Clause 8c), you may elect either to re-enter the Lot into another Live Auction or Online Auction in accordance with these Terms, or to collect the Lot from us.
e) If you elect to collect the Lot from us, you will bear all associated cost, expenses and duties. In such case, items should be removed within 10 business days of the Auction date.
f) Our premises are not designed or intended to be used as long-term storage solutions. If a Lot has not been assigned to a Live Auction or Online auction, or collected within 30 days after the date of the notice referred to in Clause 8c), you shall pay us a fee of £2 per day for every day that the Lot remains uncollected beyond such 30-day period to cover our costs for storing the Lot. We will not be under any obligation to deliver up the Lot to you until you have paid all outstanding amounts.
g) If the Lot has not been collected within 60 days after the date of the notice referred to in Clause 8c), we may dispose of the Lot as we see fit and may sell it (as your agent) by Online Auction subject to these Terms, save that we may apply such estimate and Reserve as we think fit. Following such sale, we shall account to you for the Net Hammer Price in accordance with these Terms.
9) Withdrawn Lots
a) If we withdraw a Lot, we will notify you and you will arrange to collect the Lot from us within 30 days after the date of our notice.
b) If a withdrawn Lot remains uncollected after 30 days, you shall pay us a fee of £2 per day for every day that the Lot remains uncollected beyond such 30-day period. We will not be under any obligation to deliver up the Lot to you until you have paid all outstanding amounts.
c) If you withdraw a Lot from Live Auction or Online Auction without our consent, you will pay to us 15% of the Lot’s estimate within 14 days of such withdrawal. We shall be entitled to set-off such amount against any liability or amount that we owe to you at such time
10) Forgeries
a) A sale shall be cancelled and the Buyer shall be entitled to a refund of both the Hammer Price and the Buyer Premium if a Lot bought by the Buyer through our Live Auction or Online Auction is shown to our satisfaction and within 21 days of the Date of Sale to be a Forgery.
b) If this is the case, you shall refund to us, on demand, the total amount paid to you for the relevant Lot following sale through the Online Auction, and shall bear all packing, shipping, transit, storage and insurance costs incurred by us and/or the Buyer in connection with the return of the Lot to us and our storage of the Lot pending your collection of the Lot.
11) Complaints Handling Procedure
a) As a regulated Royal Institution Of Chartered Surveyors (“RICS”) firm, we have in place a complaints handling procedure (“CHP”), which meets regulatory requirements.
b) Stage one of the CHP gives our firm the opportunity to review and consider your complaint in full and try to resolve your complaint to your satisfaction. If you are not content with our response, you will have the opportunity to take your complaint to stage two. Stage two gives you the opportunity to have your complaint reviewed and considered by an independent redress provider, approved by the RICS.
12) Liability
a) If there is any delay in the Auction for whatever reason, including, but not limited to, any technical or administrative difficulty, we may either include the Lot in the next Auction or withdraw the Lot. in any event we shall not be liable to any loss sustained by you (howsoever arising) as a result of such delay or the action taken by us.
b) Save as expressly set out in these Terms, we exclude to the fullest extent permitted by law all warranties and conditions, whether express or implied by statute, common law or otherwise.
c) Nothing in these Terms shall operate to exclude or limit the liability of a party in respect of death or personal injury resulting from that party’s own negligence, for fraud or for any liability that cannot be excluded or limited by law.
d) No party to these Terms shall be liable to any other in contract, tort (including negligence) or otherwise for any indirect or consequential losses, or for any loss of profits, loss of goodwill, loss of revenue, loss of business or loss of anticipated savings.
e) Subject to Clauses 12b) and 12c), our liability to you shall not exceed £5,000, unless your claim relates to a Lot sold through an Online Auction in which case our liability to you shall not exceed the greater of £15,000 and the Hammer Price for the relevant Lot.
f) We will not be responsible or liable for errors and omissions to execute bids placed on-line, whether caused by a loss of internet connection, a breakdown or interruption of the on-line bidding system, or a breakdown or failure of any internet connection, computer or IT system, or otherwise.
13) General
a) No party shall have any liability in respect of any delay in performance or any non- performance of its obligations under these Terms (other than an obligation to pay) owing to Force Majeure. If a party is affected by Force Majeure it shall notify the other parties as soon as reasonably possible and in any event within 5 days, and shall take reasonable steps to mitigate the effect of the Force Majeure. Subject to Clause 7, risk in the Lot remains with you at all times until risk passes to the Buyer. You will indemnify us and our employees and agents, and the Buyer (where applicable) against all losses, damages, claims, costs and expenses suffered or incurred as a result of any claim in respect of the Lot or the proceeds of sale of the Lot.
b) Every person on our premises shall be deemed to be there at their own risk and, subject to Clause 11b), shall have no claim against us in respect of accident or loss, however caused.
c) These Terms are governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales, unless you live in Scotland, in which case you can choose to bring proceedings there, or in Northern Ireland, in which case you can choose to bring proceedings there.
d) All or any part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations.
e) Any notice from you to us must be sent in writing to us at our address
f) If you elect to collect the Lot from us, you will bear all associated cost, expenses and duties.
Version date: 1 July 2020
Duke’s 1823 LLP is a limited liability partnership incorporated in England and Wales with registered number 0C392496, whose registered office is at Duke’s Brewery Square, Dorchester, DT1 1GA
