Terms & Conditions for Buyers
Glossary of certain Terms & Conditions
The Auctioneers give notice to intending Buyers that certain terms used in the description of goods contained in catalogues will be interpreted as follows:-
• Gold, Silver and other Precious Metals
In conforming to hallmarking legislation: whether British or foreign, articles which do not carry hallmarks are described either as gold or silver coloured metal, yellow or white metal, as considered most appropriate
• Books and Other Printed Material & Philatelic Items
These are not sold subject to collation, nor do the Auctioneers offer any guarantees as to genuineness. Intending Buyers should therefore satisfy themselves as to the authenticity, completeness or otherwise of lots, as all are sold as viewed and are not returnable
• Pictures, Statutary & Other Works of Art
Except in the case of prints, etchings, lithographs, lino and woodcuts, bronzes, other metalware and reproduced works of art, lots described as signed by and/or catalogued by reference to an individual’s forenames(s) and surname are, in our opinion, the original work of that particular artist. Notwithstanding the foregoing, descriptions or qualifications, including ‘...bears a signature...after...in the manner, or style of...attributed to...circle of etc’ are given without any warranties or guarantees and imply that Buyers must act upon their own judgement of such lots
• Electrical and Mechanical Goods
These are neither tested, guaranteed nor warranted to be in working order or suitable for purpose. These items may not conform to current Health & Safety regulations and are therefore offered as Works of Art/Antiques or for Display/Historical Purposes only. Notwithstanding the foregoing, if a lot bears a valid PAT label, this is not to be taken on indication that it is in working order (For details refer to www.hse.gov.uk)
• Second-hand Upholstered Furnishings
Items manufactured since 1988 carry appropriate Fire Safety regulation labels and all that do not, are offered for Non-Domestic Use/Display/Research purposes only, as appropriate. Items manufactured before 1950 are exempted from the Fire Safety regulations and are offered as ‘antiques’
• Clocks, Watches, Barometers & Other Scientific Instruments
These are not tested and sold ‘as viewed’ and the Auctioneers do not offer any warranties whatsoever as to condition or suitability for purpose and Buyers must therefore act on their own judgement of such lots
• Style or Reproduction
Items described as ‘style’ or ‘reproduction’ imply an affinity to an earlier design/age. This does not necessarily mean the items are of that age or period
• Imperfections
Imperfections are not stated. (See Terms & Conditions of Sale – Clause 6)
• Motor Vehicles
These are offered as seen, neither tried or tested, without warranties as to condition or roadworthiness, together with only such documentation and associated papers as are available at the time of the auction
• Militaria and associated items
Notwithstanding any other published Terms & Conditions, however described, items in this category are sold as seen and prospective Buyers must make their own assessments of authenticity, as sometimes these may be copies/replicas
Terms & Conditions of Sale
1. Every Auction and these Conditions of Sale, together with the foregoing Glossary of certain Terms & Conditions, shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts
2. The Company acts as Agent only in respect of goods delivered for the purpose of sale by Auction
3. The arrangement and display of goods is often such that special care should be taken both by visitors and those in their charge: and while the Auctioneers do their best to minimise risks, people attending on the premises under the conduct of the Auctioneers – whether at their Auction Rooms or elsewhere – shall be deemed to be on the land and premises at their own risk. They shall have no claim whatsoever against the Auctioneers, their principals or contractors, in respect of the cancellation/postponement of an Auction or any loss, accident or injury, however occasioned, save insofar as the same is proven to be caused by the direct negligence of the Company or one of its contractors
4. People handling lots do so at their own risk and shall make good all loss or damage, however sustained. Estimates of costs will be assessed by the Auctioneers, whose decision shall be final
5. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions, website information and other publicity; but except where specifically instructed so to certify by a Seller, declare that all statements, oral or in writing, are those of opinion only, made innocently, without responsibility and shall not give rise to any action in law by a Buyer, against any Seller, the Auctioneers or their contractors, for damages, compensation or rescission of a transaction
6. Many lots are of an age or nature which preclude these being in pristine condition. Some catalogue descriptions may make reference to damage and/or restoration; however, omission of such a reference does not imply a lot is free from defects nor does any reference to a particular defect imply the absence of others
7. Prospective Buyers should satisfy themselves by physical inspection of lots, before bidding, as to the origin, authenticity, quality, age, weight, size, completeness or otherwise and general descriptions, as lots are sold as seen with all faults, imperfections or errors of description
This condition shall particularly apply to absentee prospective Buyers who should not rely upon third party reports, be they made by the Auctioneers or others; as mis-descriptions and/or failure to discern the condition of lots shall not allow entitlement to compensation or rescission of a transaction
8. Electrical and mechanical goods are offered subject to the strict conditions set down in the foregoing Glossary of certain Terms & Conditions
Prospective Buyers are reminded that when inspecting/attempting to test such lots, they do so at their absolute risk and without any responsibility whatsoever, on the part of the Seller, the Auctioneers or their contractors
9. The sale of second-hand upholstered furnishing are strictly regulated by Fire Safety regulations and offered subject to the conditions set down in the foregoing Glossary of certain Terms & Conditions
10. In making bids, Buyers acknowledge their attention has been drawn to and accept these Terms & Conditions of Sale and the foregoing Glossary of certain Terms & Conditions and are satisfied as to the description and condition of lots
11. Lots are sold subject to any announcement, declaration, alteration of description or other matters, made by the Auctioneers prior to the invitation of bids
12. Once made, no bid shall be withdrawn and at the fall of the hammer, the highest bid acknowledged by the Auctioneers shall constitute a legally binding contract and any subsequent dispute shall be settled by the Auctioneers whose decision shall be final
13. No lots shall be transferred and unless previously agreed with the Auctioneers and confirmed by the latter in writing, where a bidder purports to act as an agent for a Buyer, that representative shall be deemed to be acting as principal and shall be responsible for any payment and every subsequent default
14. The Auctioneers may divide, combine, add to or withdraw lots and make any catalogue alterations without notice or reason; they shall regulate the advance of bidding, accept or reject any bid (at their absolute discretion and without justification) and bid on behalf of the Seller, where there is a reserve price or at their authorised discretion
15. The Buyer shall give his/her name and contact details (and permanent place of abode, if requested) and upon failure to do so, the Auctioneers may immediately cancel the transaction and offer the lot again, at their sole discretion
16. As Agents only, the Auctioneers shall not be responsible for default on the part of Sellers or Buyers. Any resultant deficiency, together with interest, costs and expenses, shall be made good by the defaulter, recoverable as and for liquidated damages. This condition is, however, without prejudice to the right of the Auctioneers, in appropriate circumstances, to enforce the sale contract if they think fit
17. The Contract of Sale is made with the Auctioneers, as Agents for the Seller and payment shall only be made to them. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Buyer until full payment has been received
18. Cheques and cash are not accepted as a method of payment but settlement may be made in person by the cardholder only, by credit card (subject to a small, published surcharge) debit card or electronic bank transfer. For security reasons, we cannot always accept payment by telephone or e-mail
19. At the fall of the hammer, all lots shall be and remain, in every respect, at the absolute risk of the Buyer, including those of fire, burglary, theft etc., and damage occasioned to lots by the removal of other goods
20. Buyers shall pay for and remove lots at their own risk and expense immediately following the Auction or at the latest by 11.30 am on the Saturday following the Auction; after such time they shall be subject to a daily charge if £3 per lot, plus VAT, and where applicable, interest on outstanding accounts will be levied at 5% above TSB Minimum Lending Rate. Such additional charges being subject to the foregoing conditions regulating payment and no lots shall be released to a Buyer until any excess charges have been paid. In any event, the Auctioneers reserve the right to resell uncollected lots by Auction or Private Treaty and at their absolute discretion, they may warehouse goods at a Buyer’s expense. In all cases, the Auctioneers may act without notice and any incidental expenses incurred will become the responsibility of the defaulter
21. Notwithstanding any other terms in these Conditions of Sale and the foregoing Glossary of certain Terms & Conditions, if within seven days of an Auction, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books or other printed material, militaria and associated items - see glossary above) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers, in the same condition as it was at the time of the Auction – and by producing evidence, the burden of proof to be upon the Buyer (as are any incidental costs incurred providing such proof, together with any packing, carriage and associated expenses) satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund purchase monies received by them. This benefit is not assignable
In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Auction was in accordance with the then general opinion of experts or it fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable
22. The Auctioneers are prepared to accept absentee commission bids on behalf of intending Buyers, unable to attend at the time of the Auction (minimum bid £20) providing requests are made in writing and are received and acknowledged by the Auctioneers, not later than half an hour before the commencement of an Auction. This service is undertaken free of charge but without responsibility on the part of the Auctioneers, who shall not be liable for any losses or expenses incurred as a result of failure to execute absentee bids, for whatever cause
The Auctioneers extend this same disclaimer of responsibility in respect of telephone bids and live, online bidding, howsoever circumstances arise whereby the communication between them and a prospective bidder fails
23. A Buyers Premium of 20% is payable on each and every lot, plus VAT thereon at the prevailing rate
24. Certain but by no means all 20thC and later works of art may attract a royalty, when sold at or above the prevailing threshold, as defined in Artist’s Resale Right (droite de suite) regulations. When due, this is payable to living artists or the descendants of deceased artists.
It shall be the sole responsibility of a prospective Buyer to make their own enquiries with the Auctioneers or elsewhere, as the Buyer sees fit, before making a bid, to establish the possibility or otherwise, that a royalty might fall due to be paid on a particular lot. Any royalty will be paid by the buyer and form part of the total purchase price – and the Auctioneers undertake to the Buyer that any such royalty shall be passed on, without deduction, to the artist’s appointed collection agents For further details, refer to www.dacs.org.uk
25.The export of certain items may require a licence and it shall be the sole responsibility of a prospective Buyer, in the case of such lots, to make their own enquiries prior to making a bid; as failure to establish the same shall not give rise to compensation or rescission of the transaction
Terms & Conditions for Sellers
For the purpose of the following:
• The Company, Pretty & Ellis (Auctions) Ltd trades as Amersham Auction Rooms and is referred to as the Auctioneer(s)
• The Seller is the person instructing the Auctioneers to sell goods by Auction
• The Buyer is the person who has acquired goods at an Auction
• Every auction, these Conditions of Engagement, the Glossary of Certain Terms and Conditions of Sale shall be governed by and construed in accordance with English Law and are subject to the jurisdiction of the English Courts
Terms & Conditions of Engagement
1. In addition to the following, the Auctioneers’ Terms & Conditions of Sale are also published on this website: and Sellers are considered to have had notice of these, together with the Terms & Conditions of Engagement and have agreed acceptance of the same, where applicable, when requesting the entry of goods for sale
These have been designed to protect all parties concerned but in the event of any doubt as to their interpretation, please contact one of the Directors who will assist in clarifying any queries or misunderstandings
2. Upon receipt of the completed Entry Form, the Seller will be notified of the appropriate auction date(s) with delivery instructions (where applicable). Subsequently altered instructions are at the Seller’s risk unless confirmed in writing
3. When instructed, the Auctioneers will arrange collection and delivery by Clarks of Amersham, an independent firm of acknowledged ability and integrity, whose charges will be deducted from the proceeds of sale, unless otherwise agreed in writing beforehand
When requested, the Auctioneers will obtain an estimate of Clarks’ charges or alternatively, prospective sellers may contact them direct on 01494 774186 or via their website www.bluelorry.com but it is essential, when the Seller obtains the quote, that the cost be noted on the application form at the time of submission
4. The Auctioneers reserve the right to catalogue goods as they see fit, determine in which Auction(s) these shall be included (i.e. General or Specialist) and refuse any lots considered to be unsalable or of negligible value: and shall not be held responsible for any expenses or loss, thereby incurred. Nor shall they be liable in respect of any loss or expenses due to the postponement or cancellation of an auction(s)
5. Sellers do not incur storage charges for goods held at Amersham Auction Rooms, pending sale
6. The seller will receive an emailed Pre-auction Advice, prior to the relevant auction(s) confirming allocated lot numbers, a full description of each item and where applicable, agreed reserves/estimates.
7. The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of the Sellers or Buyers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any lot, nor for any errors of description, made innocently or otherwise, by the Seller, themselves, or their contractors
8. The Auctioneers give notice that when consigning electrical or mechanical goods for auction, Sellers understand that these are neither tested, guaranteed nor warranted to be in working order or suitable for purpose. As they may not conform to current Health & Safety regulations, they are offered as Works of Art/Antiques or for Display/Historical Purposes only
In all cases, plugs and sometimes also the cables, will be removed and the lots will be labelled accordingly but the Auctioneers do not undertake to return these to Sellers or re-instate to original condition, those appliances which are unsold or withdrawn prior to auction
Notwithstanding the foregoing the Auctioneers reserve the right to employ a suitably qualified electrician to undertake PAT testing of ‘white goods’ and televisions and the Seller agrees to bear that cost, together with any subsequent disposal expenses in the event that the lot in question fails to pass. An estimate of that cost will be provided upon request
9. The Auctioneers give notice to Sellers that second-hand upholstered furnishings are offered subject to strict regulations. Items manufactured since 1988 must carry appropriate Fire Safety labels and all that do not are offered for Non Domestic Use, Display/Research purposes only. Items manufactured before 1950 are exempted from the foregoing regulations and are offered as ‘antiques’
Notwithstanding the foregoing, the Auctioneers reserve the right to reject goods in this category where they deem it inappropriate to offer them for sale and the Seller shall be responsible for the costs of removing the same when this occurs
10. The Seller shall indemnify the Auctioneers against any claims in connection with goods sold on the Seller’s instructions
11. The Auctioneers are not authorised by the FCA to sell insurance to its clients and does not do so: but, for mutual protection, unless otherwise instructed, in writing, all goods on their premises and in their custody will be held insured by the Auctioneers against the risks of fire, burglary and water damage (but not accidental damage or breakage). The value of goods so covered shall be the gross amount realised or in the case of unsold lots, the best bid or the reserve price when the latter has been fixed or the Auctioneers’ assessment of value, as appropriate. In the case of any dispute, the Auctioneers’ decision shall be final
12. The Auctioneers disclaim responsibility for all loss or damage to goods or for unauthorised removal of the same, unless proven to be directly as a result of negligence on their part or one of their contractors
13. The Auctioneers use best endeavours to protect picture, mirror and other frames but often due to the fragile and unstable nature of such objects, they are susceptible to damage when handled; and notwithstanding the foregoing, they shall not be liable (nor does their insurance cover), damage to the same, however sustained
14. Seller’s commission is charged on the hammer price at the rate of 15% plus 1% for insurance cover, the latter subject to minimum of £1 and a Lotting Fee of £4.50 per lot. This comprises all charges except removal, storage, PAT testing, illustration and advertising (where applicable). The Auctioneers reserve the right to collect the appropriate Lotting Fee with the entry form
15. Unsold lots, which shall include lots offered subject to estimates or reserves – where the reserve or estimate has been specifically agreed with the auctioneers – will attract a Lotting Fee and the insurance charge. In all other cases, the charge is based upon 10% of the Seller’s reserve or mid estimate, plus the Lotting Fee and the insurance charge.
Goods re-offered at any subsequent auction(s) will be subject to further lotting fees and insurance charges
16. Goods consigned for sale and withdrawn prior to Auction, will attract a charge based upon 30% of the reserve/the mid estimate/a valuation provided by the Auctioneers or the highest registered absentee bid, whichever shall be the higher figure, (which shall be binding on the Seller) – subject to a minimum of £30 per lot, plus the Lotting Fee and insurance charge
17. Sellers, whose goods remain at the Auction Rooms, after notice has been given for removal of the same, will be charged £1 per lot per day but goods may alternatively be removed by Clarks of Amersham to their store. The costs of which shall be borne by the Seller. Continued failure to collect may result in goods being sold without further notice, without reserve, to recover costs. Goods will not be released until all charges (including agreed expenses) have been paid with cleared funds
18. Payment (without interest) will usually be made to the Seller approximately 14 days following the Auction, after the deduction of premium, commission, VAT and expenses (where applicable): but the Auctioneers shall not be liable for payment to the Seller until they themselves receive full payment from the Buyer
19. The Seller shall not be entitled to receive any levy due under Artists Resale Rights (Droite de Suite) legislation. For details refer to www.dacs.org.uk.
For additional information, please refer to Clause 24 in the Auctioneer’s Terms & Conditions of Sale
20. Buyers are afforded limited rights to return goods which have been proven to be and accepted as deliberate forgeries and Sellers shall be bound by the same in all respects (see Clause 21 below)
21. Notwithstanding any other terms in the Conditions of Sale/Glossary of certain Terms & Conditions, if within seven days of an Auction, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books and other printed material, militaria and associated items) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers, in the same condition as it was at the time of the Auction – and by producing evidence, the burden of proof to be upon the Buyer (as are any incidental costs incurred providing such proof, together with any packing, carriage and associated expenses) satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund purchase monies received by them. This benefit is not assignable
In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Auction was in accordance with the then general opinion of experts or it fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable
22. The Seller may place reserves on lots (minimum £50) but unless instructed to the contrary, all lots will be sold without reserve. Any lot failing to reach a reserve may be sold after the Auction by the Auctioneers, without reference to the Seller, at or above the reserve, subject to the same Terms & Conditions as set out herein
23. The Auctioneers reserve the right to dispose of all unsold lots which they consider to be of negligible re-sale value, including any that have not attracted a minimum bid of £20 and at the Seller’s expense
24. The copyright to all photographs and other promotional material, however published by the Auctioneers, shall remain their property, unless otherwise previously and specifically agreed and confirmed in writing
VAT (as applicable) will be levied on all fees, charges and expenses at the prevailing rate
