TERMS & CONDITIONS OF SALE AND BUSINESS THESE CONDITIONS OF SALE AND BUSINESS CONSTITUTE THE CONTRACT BETWEEN SHAW’S AUCTION HOUSE LIMITED AND THE SELLER, ON THE ONE HAND, AND THE BUYER ON THE OTHER. BY BIDDING AT THE AUCTION, AND/OR CONSIGNING TO SHAW’S AUCTION HOUSE LIMITED, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS.
CONDITIONS OF SALE
1. DEFINITION In these terms of business: Shaw’s Auction House Ltd is referred to as ‘Shaw’s.’ The Shaw’s representative conducting the auction is referred to as the ‘auctioneer’.
2. AGENCY The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers if the transaction is not completed and paid for.
3. TERMS OF SALE The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment.
4. DESCRIPTIONS AND CONDITION OF LOTS Every effort is made to ensure the accuracy of statements relating to authorship, descriptions, origin, date, age, provenance and condition of lots. Statements made orally or in the catalogue are opinions given after careful consideration and research. Prospective buyers are given ample opportunity to view lots online before any sale and request condition reports. When bidding, buyers acknowledge that they are fully satisfied as to the description and condition of the lot.
5. ATTRIBUTION OF PICTURES (a) If the forename(s) (or asterisks where not known) and surname of the artist are given, this indicates that in the opinion of Shaw’s the picture is a work by the named artist. (b) If the initials of the forename(s) and the surname of the artist are given, this indicates that in the opinion of Shaw’s the picture is a work of the period of the named artist and may be wholly or in part his work. (c) If the surname of the artist is given, this indicates that in the opinion of Shaw’s the picture is a work of the same school of the named artist, or by one of his followers, or in his style and of uncertain date. (d) The term ‘Bears signature’ indicates that in the opinion of Shaw’s this is not the signature of the artist. (e) All other terms are self-explanatory.
6. FORGERIES Notwithstanding Condition 4, any lot which proves to be a deliberate forgery may be returned to us by you 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 we are satisfied from the evidence provided that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer’s premium.
7. THIRD PARTY LIABILITY Every person on Shaw’s premises before, during or after a sale shall be deemed to be there at their own risk and shall have no claim against Shaw’s in respect of any injury they may sustain or any accident which may occur.
8. AUCTIONEERS MARGIN SCHEME
This scheme allows auctioneers to sell items without VAT on the hammer price. The buyer then pays an amount equivalent to VAT. This amount cannot be refunded and is not shown separately on the invoice.
9. DISPUTES Any dispute not covered in these terms of business will be settled at the sole discretion of Shaw’s.
10. GENERAL We shall have the right at our discretion, to refuse admission to our premises or participation in our auctions by any person. a) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of the Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate. b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee 48 hours after posting. Special terms may be used in catalogue descriptions of particular classes of terms in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of the Conditions or of the Terms of Consignment 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. English law applies to the interpretation of these Conditions.?
TERMS OF CONSIGNMENT FOR SELLERS
1. INTERPRETATION In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller’s authority to contract. Similarly the words ‘we’, ‘us’ etc. refer to Shaw’s Auction House LTD.
2. WARRANTY The Seller warrants that possession in the lots can be transferred to the Buyer with good and marketable title, free from any third party right and encumbrances, claims or potential claims. The Seller has provided all information concerning the items ownership, condition and provenance, attribution, authenticity, import or export history and of any concerns expressed by third parties concerning the same.
3. COMMISSION Commission is charged to sellers at a flat rate of 15% plus VAT on each lot. There is a lotting charge of £1.00(+VAT) per lot sold or unsold.
4. REMOVAL COSTS Items for sale must be consigned to the saleroom by and stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
5. LOSS AND DAMAGE OF GOODS a) Loss and Damage Warranty – Shaw’s is not authorised by the FSA to provide insurance to its clients and does not do so. However, Shaw’s for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until the hammer falls. The liability assumed by Shaw’s shall be limited to the lower pre-sale estimate or the hammer price if the lot is sold.
6. ILLUSTRATIONS The cost of any illustrations is borne by you. If we consider that the lot should be illustrated your permission will be asked first. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.
7. MINIMUM BIDS AND OUR DISCRETION Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 8. We may sell lots below the reserve provided if we can account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a “discretion” we may accept a bid of up to 10% below the formal reserve.
8. RESERVES a) You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to unreasonably high reserves. b) A reserve once set cannot be changed except with our consent. c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
9. DESCRIPTIONS Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 4 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds.
10. UNSOLD ITEMS If an item is unsold it may at our discretion be re-offered at a future sale. Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed. Otherwise, storage charges may be incurred.
11. WITHDRAWN AND BOUGHT IN ITEMS These are liable to incur charges on being bought in or withdrawn after being catalogued. 20% of the lower estimated value will be charged to cover cataloguing, photography, research and storage charges.
12. CONDITIONS OF SALE You agree that all goods will be sold subject to our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses, liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
13. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST You authorise us to deduct commission at the stated rate and all expenses incurred from your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement. You authorise us at our discretion to negotiate a sale by private treaty not later than the close of business 48 hours after the day of sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
14. STORAGE We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make storage charges.
15. SETTLEMENT Subject to funds having cleared in our account we aim to pay you no later than four weeks following the sale. If the buyer has not paid for the goods no settlement will be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. Please note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 11 above and you should therefore bear this in mind before parting with the proceeds of sale.
INFORMATION FOR BUYERS
1. INTRODUCTION The following notes are intended to assist buyers particularly those who may be inexperienced or new to our saleroom. All sales are conducted in accordance with our Conditions of Sale. Our staff will be happy to help you with anything you do not fully understand.
2. AGENCY As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly, if you buy your primary contract is with the seller.
3. THE BUYER The highest bidder acknowledged as such by the auctioneer will be the buyer. If any dispute arises, the auctioneer has absolute discretion to settle the matter. The auctioneer rules the bidding and bids cannot be retracted. The auctioneer reserves the right to refuse any bid. The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with Shaw’s Conditions of Sale and Business. The auctioneer reserves the right to bid on behalf of the sellers for any lot and to withdraw, consolidate or divide any lot or lots.
4. REGISTRATION Unless registered already on a bidding platform, it is essential that all prospective buyers register with us, 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 or credit card and a copy of a utility bill confirming their name and address. Upon receipt of the above a paddle will be issued, which is only valid for the current sale. The paddle may be used to indicate your bids to the Auctioneer during the sale. If successful, the bidder must ensure that their number can be seen by the Auctioneer 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.
5. BUYER’S PREMIUM - COMMISSION CHARGES There is a buyer’s premium of 20 per cent plus VAT on the hammer price of each lot.
6. VALUE ADDED TAX Lots on which the buyer may have to pay VAT on the ‘hammer price’ are indicated in the catalogue with the following symbol *. The buyer must pay this VAT at the rates that apply on the day of the auction in addition to the buyer’s premium and VAT thereon.
7. PAYMENT Buyers must pay in full before items can be removed from the premises (please see “payment methods” below). Invoices will be issued from the day of the sale. Buyers must pay their invoice in full within five working days and advise when they will be collecting their item(s). Any invoices which remain unpaid after five working days will incur interest at 5% above the base rate, charged from the date of the sale. If buyers are unknown to us, we cannot hand over purchases unless we have adequate references or payment is cleared. Payment Methods We accept payment by: Cash – up to £9,000 (subject to money laundering regulations). Credit cards – we accept a maximum payment of £200 by Visa or MasterCard (American Express or Diners Club not accepted), a 3% surcharge applies for non UK residents. Debit cards – Visa, Delta, Switch, Connect Please note that we are unable to accept any card payments where the cardholder is not present. Bank transfer. Please note that a fee of £15 will be added for international bank payment.
8. LIVE INTERNET BIDDING Live online auctions are in conjunction with easyLiveAuction. When you have registered, you can watch the auction in real time; simply click the bid button to place a bid. If your bid is successful we will notify you after the sale for payment. A charge of 3% of the hammer price (plus VAT) is made for internet bidding in addition to all other charges.
9. TRANSFER OF RISK The buyer shall not become the owner of any lot and the auctioneer shall have a lien thereon until the purchaser’s account is paid, but after the fall of the hammer the risk of damage or loss shall nevertheless be the buyer’s.
10. COMMISSION BIDS If instructed, Shaw’s will execute bids and advise prospective buyers. This service is free. Buyers who cannot come to a sale may leave their bid with our staff after/during viewing, or make their bid in advance by telephone or email (
[email protected]). Such bids are placed at the buyer’s own risk. Bids must be made at least one hour before the sale starts, but we advise buyers to make bids at the earliest possible opportunity. When making bids, buyers must provide: Their full name Address Email address Contact telephone numbers The number of the lot they wish to buy Their maximum bid amount – excluding commission which will be added to the invoice afterwards. Buyers must state what their maximum bid would be. We cannot accept an instruction to ‘buy’ or unlimited bid. We will ensure that lots are bought as cheaply as possible depending on the bids made and other reserves. If identical bids are placed, they will be dealt with on a “first come first served” basis.
11. DATA PROTECTION Shaw’s will use information provided by its clients or obtained by Shaw’s relating to its clients for the provision of auction services or as required by law. Unless permitted by law, Shaw’s will not otherwise process sensitive personal data without express consent. By agreeing to the Conditions of Sale and Business, clients agree to the processing of their personal information.
12. STORAGE AND COLLECTION Please note all items after the auction will be removed to store. Arrangements for collection can be made with the office. All lots must be collected within five working days following the auction. Any items remaining may be resold and any deficiency made good by the defaulter. Any damage caused by removal of goods must be made good by the person committing the same. Principles being considered responsible for the acts of their servants. b. Every person on Shaw’s premises at any time shall be deemed to be there at their own risk. They shall have no claim against Shaw’s in respect of any accident which may occur or injury, damage or loss howsoever caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of Shaw’s employees.
13. ELECTRICAL GOODS AND SOFT FURNISHINGS These are sold as ‘antiques’ only and if bought for use must be checked over for compliance with safety regulations.
14. EXPORT OF GOODS Buyers intending to export goods should check whether an export licence is required and whether there is any specific prohibition on importing goods of that character because e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
15. PACKING AND DESPATCH We offer a packing and despatch service for most lots. We also use national and local carriers. Further details can be obtained from our office. However, we can't take any responsibility for lost or broken parcels and all parcels are sent uninsured and at the risk of the buyer.
