Fine Art - Buyers’ Conditions

IMPORTANT NOTICE

All lots are sold with any faults or imperfections which may exist or errors of description. Illustrations in the catalogue are for identification purposes only. All reasonable effort is made to ensure the accuracy of catalogue descriptions and other publicity which are always given in good faith; however, all statements, oral or in writing, are those of opinion only. In all circumstances buyers are deemed to have satisfied themselves prior to the sale as to the authenticity, authorship, identity, origin, date, age, provenance and condition of each lot. All buyers must exercise and rely on their own judgement as to whether the lot accords with its description before the sale as under no circumstances will we accept the return of any lots following the sale. The buyers’ attention is drawn to all of the Conditions of Sale which are contained within our catalogues, printed on our website and are available to be read  and are displayed in our saleroom. Consequently buyers are deemed to have read, understood and accepted these Conditions of Sale and all bids are accepted strictly on this understanding only.

Conditions of Sale

Tayler & Fletcher conduct their auctions under the customary conditions as set out below. All persons shall be deemed to have full knowledge of the same.

Tayler & Fletcher act as agents and only in respect of goods for the purposes of sale by auction. Herein they shall be known as the ‘Auctioneers’. Persons instructing the Auctioneers to sell goods are herein known as ‘Vendors’. Persons who have acquired lots offered for sale by the Auctioneers are herein known as the ‘Purchasers’.

Registration

If attending an auction you will be expected to register for a buyer’s number before the sale commences. This involves completing a form giving your name, address and telephone number for which you will be allocated a bidder number. Should you be the highest bidder on a lot, showing the auctioneer your number will allow him to quickly record you as the successful purchaser.

Telephone Bidding

Telephone Bidding is available on sale days on lots with an estimated value of over £200, and should be arranged with the saleroom administrative staff before 6 p.m. on the eve of the sale day.

Online Bidding

Please register to bid online via our online portal. Online bidders are also subject to a platform charge of 1.5% plus VAT. Alterative platforms which host our sales include www.Saleroom.com and www.Easylive.com which are set out below. Please note that there are additional charges for these platforms in addition to Buyer’s Premium.

Commission (Absentee) Bids

If you are unable to attend the auction but would like to bid on an item, you may leave a commission (absentee) bid for free. This is an instruction to the auctioneer to bid on your behalf up to a limit set by you. Absentee bids are executed on behalf of the Bidder during the auction at the lowest possible amount.

To leave a commission bid simply ask the saleroom staff for a commission form or download one from our website. Make sure you fill in the required information and return it before 6 p.m. on the eve of the sale commence.

The Auctioneers will faithfully execute written commission bids without charge, but without accepting responsibility for any oversight which may occur. The Auctioneers regret that they cannot be held responsible for, nor are they connected with, any ‘private’ commission bids given to saleroom porters.

Bidding

1. In making a bid, Purchasers acknowledge their attention has been drawn to these Conditions of Sale and that they are satisfied as to the description and condition of lots.

2. At the fall of the hammer, the highest bidder, acceptable to the Auctioneer, shall be the purchaser and any dispute shall be settled by the Auctioneer whose decision shall be absolute and final. The Auctioneer reserves the right to reopen the bidding immediately after the fall of the hammer if it is apparent that he has missed a bid.

3. No lots shall be transferable.

4. The Contract of Sale is made with the Auctioneers, as Agents for the Vendors and payment shall be made only to the Auctioneers. Notwithstanding the foregoing, the Auctioneers shall retain a lien on all goods which shall not pass to the Purchaser until full payment has been received.

Bidding, Bidding Increments and Reserves

The bidding can be regulated at the discretion of the Auctioneer, who reserves the right to accept or reject any bid; and in the case of lots upon which the Vendor has placed a reserve, the Auctioneers have the right to bid on behalf of the Vendor up to any amount below the reserve.

Buyer’s Premium

A Buyer’s Premium of 28.2% inclusive of VAT (23.5% + VAT) is payable by all purchasers. In addition for online bidding there is a platform charge of 1.5% plus vat (Totalling 30% inc VAT)

Artists’ Resale Rights (ARR) or Droite de Suite – Please note all lots marked with an asterisk (*) may be subject to an added Buyer’s ARR payment at the maximum rate of 4% of the hammer price on lots of 1000 Euros or more in accordance with EU Directive 2001/84/EC. Exchange rates will be calculated at the currency conversion rate on the day of the sale. Each time you bid on a lot covered by the ARR, you agree to pay an additional amount equal to the resale royalty. If you are the successful bidder this amount will be added to your invoice. For further information about ARR please contact the Fine Art Department.

Payment

1. Payment can be made to the Auctioneers by Debit Card or in Cash at the saleroom. Please be aware that due to the current HMRC regulations with regards to money laundering, we can only take a cash payment for an auction sale purchase up to £10,000. Identity checks will be made at this level and proof of identity will be asked for and a photocopy of your birth certificate or driving licence may also be required. Multiple purchases amounting to equivalent £10,000 or more will also be treated in this way.

2. Payment can also be made by Bank Transfer, but lots will not be released to the Purchaser until the Auctioneers are satisfied that the funds have cleared.

3.  Please note we are unable to accept payment by Credit Card.

4. Cheques will not be accepted from Purchasers unknown to the Auctioneers, unless arrangements such as bank or other suitable references have been made in advance. In all cases cheques must be supported by a valid Bank card. Non-compliance with this condition may delay the release of lots pending the clearance of cheques.

Collection and Storage

1. Purchasers are asked to clear all lots by 6pm on the day of sale. Deliveries can be arranged locally (minimum fee £30 + VAT), nationally and internationally (subject to an appropriate charge). Please call 01451 821 666 for details.

2. All lots left with the Auctioneers on the sale day for later collection must be collected by the buyer within one week of the sale date. The Auctioneers will store items bought by clients free of charge until this time and after this any uncollected larger items will be subject to a charge of £10 plus VAT per week per item. The Auctioneers reserve the right to resell uncollected lots by auction or by private treaty or alternatively, warehouse goods at the client’s expense. In all cases, the Auctioneers may act without notice to the client and any incidental expenses however incurred will become the liability of the clients.

Attendance

All persons attending a Sale under the conduct of the Auctioneers – whether at their salerooms or elsewhere – shall be deemed to be on the land and premises at their own risk and shall have no claim against the Auctioneers or their principles in respect of the cancellation / postponement of a Sale or any loss, accident or injury however occasioned, save in so far as the same is proven to be caused by the direct negligence of an employee(s) of the Firm.

Viewing

1.  Catalogued items will be available to view at the saleroom on the afternoon before the sale day and the morning before the sale commences. Purchasers should satisfy themselves by physical inspection of lots before bidding as to their origin, authenticity, quality, age, weight, size and general description as lots are sold in their actual state with faults, imperfections or errors of description.

2. As some items are not inspected by the Auctioneers prior to cataloguing we strongly recommend that you telephone us before travelling to view a specific item.

3. The Auctioneers make every reasonable effort to ensure the accuracy of advertisements, catalogue descriptions and other publicity but declare that all statements, oral or in writing, are those of opinion only, and shall not give rise to any action in law for damages, compensation or rescission of a sale by a Purchaser, against any Vendor, the Auctioneers or their employees.

Breakages / Insurance / Packaging

Although, naturally enough the goods offered for sale are insured whilst in our hands, if a breakage occurs because of negligence, mishandling, or otherwise accidentally, the Auctioneer will look to the person(s) responsible to recover a proportion of the perceived value of the item(s) as set by the Auctioneer.

Please note we do not package or post items purchased at auction from our sales and items remain the sole responsibility of the Purchaser at the fall of the hammer. All collections, transit and delivery contracts entered into by the Purchaser remain the sole responsibility of the Purchaser and we as Auctioneers (agents) accept no liability for loss or damage however or wherever caused post sale.

Catalogues

1. Any statement made by the Auctioneers or their employees as to authorship, attribution, identity, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as statement of fact. It is not necessarily definitive, and is intended as a guide only. Sometimes it may differ from the opinion of other specialist appraisers, museums or auction houses. All buyers must therefore make their own judgement prior to the purchase of any lot, which is always sold as viewed.

2. Lots are sold subject to any announcement, declaration, alteration or description or other matters, made by the Auctioneer prior to the invitation of bids.

3. Electrical/Mechanical goods are sold on the strict understanding that these are untested, without warranties or any other guarantees as to serviceability or working order, unless otherwise stated.

Vendor Charges

1. Seller’s Premium of 15% plus VAT is payable on the Hammer Price. There is a minimum charge of £5 per lot (whether sold or unsold). These charges are inclusive of national and local advertising and other organising expenses, but not the following which are set out in paragraphs ii – v immediately below:

2. Insurance is charged at 1.5% of the Hammer Price plus VAT. This insurance charge ensures the provision of overnight and daytime security as well as accidental damage.

3. Additional charges may be levied on both unsold and sold lots for their Transportation, Storage and Photography costs.

4. If an item is withdrawn for any reason, a withdrawal fee of £30 plus VAT will be charged. Charges for any other costs, however they are incurred, will also be made.

5. Electrical Goods are subject to a charge of £10 per lot plus VAT for safety testing by a qualified electrician.