Conditions of Sale - For Buyers
- Vendors are reminded that the Vendor’s Conditions of Sale and Terms of Agreement are incorporated into Sutton Hill Farm Country Auctions Entry Form.
- The Auctioneers, Sutton Hill Farm Country Auctions have absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot from the sale, to refuse bids, regulate bidding or to cancel the sale without in any case giving any reason, or without any previous notice.
- Any instructions given to the Auctioneers over the telephone or through the internet by vendors or prospective buyers are accepted at the vendors or prospective buyers risk and must, in any event, be confirmed in writing.
- Sutton Hill Farm Country Auctions act only as agents for the vendor. At his discretion, the auctioneer may bid on behalf of the vendor for all goods which are being offered, subject to reserve or otherwise.
- Persons attending the auction site and premises do so at their own risk. Except in respect of death or personal injury caused by the Auctioneers’ negligence, the Auctioneers shall not be responsible for any loss or damage that may occur on the auction site or premises.
- In accordance with Money Laundering Regulations and the Criminal Justice Act of 1993 Sutton Hill Farm Country Auctions will not accept single cash payments exceeding £9999.00.
- The highest bidder shall be the buyer. The auctioneer may, at his sole discretion, determine the advance of the bidding or refuse a bid. If during the auction the auctioneer considers that a dispute has arisen he has absolute discretion to settle the dispute or re-offer the lot. The auctioneers may only re-offer if a bidder contests a matter immediately, and before the offering of the next lot.
- The auctioneers accept no responsibility for the accuracy of any statement, whether printed in the catalogue, published on the internet or made orally, as to grading, authorship, attribution, genuineness, origin, date, age, provenance and/or condition. All such statements are statements of opinion and are not to be taken as being, or implying, warranties, guarantees or representations of fact. The Auctioneers reserve the right in forming their opinion, to consult and rely on any expert or authority considered by them to be reliable.
- Ample opportunity is given for inspection. Each purchaser, by making a bid for a lot, is deemed to have knowledge of all the Conditions of Sale and to have satisfied themselves as to the physical condition and accuracy of the description of the lot, including, but not restricted to, whether the lot is damaged or has been repaired.
- All lots are sold as shown, with all faults, imperfections and errors of description. However, if within seven days of the sale of any lot, the buyer gives notice in writing to the auctioneers that the lot sold is a “forgery” *, and if within fourteen days of giving such notice the buyer returns the lot in the same condition as it was at the time of the sale to the premises of the auctioneers and there is shown, to the satisfaction of the auctioneers, that having regard to the catalogue description the lot sold is a “forgery”, the auctioneers are authorised to, and will, rescind the sale and refund the purchase price received by them. This right is limited to the buyer and may not be assigned.
- Each lot, at the fall of the hammer, will be at the risk of the purchaser and will be taken away at the purchasers risk and expense on the day of the sale unless prior arrangements have been made with the auctioneers (see clause 12). In the event of any liability upon the auctioneers in respect of any loss, this shall be restricted to a maximum of the price paid by the buyer.
- The title of the goods shall not pass to the buyer until the purchase price has been paid in full and including the premium at the stated rate
- All lots must be paid for on the day of sale. Purchasers who intend to pay by cheque must make arrangements with the auctioneers prior to the auction. Sutton Hill Farm Country Auctions have a credit and debit card maximum limit of £2000, amounts in excess of this figure must be paid by bank transfer. All international purchasers must make payment by bank transfer or credit/debit card in person.
- If any lot is not paid for and removed in accordance with the provisions of the Conditions of Sale, then the Auctioneers may, without prejudice to any other right they have, remove, store and insure the lot/s at the expense of the defaulting buyer. A storage charge of £2 per lot per week for small lots and £10 per lot per week for furniture lots will come into effect 14 days after the date of sale. If after the expiry of 14 days after the sale, the purchaser is still in default, the Auctioneers may resell the lot/s, either by public auction or private contract. The purchaser, making such default, shall be liable for any deficiency arising from such resale and for resulting expenses. Any surplus arising shall belong to the auctioneer.
- The buyer’s premium shall be the same for all buyers where the service offered is the same. Bidders in the room shall pay a premium of 17.5% plus VAT on the hammer price, minimum commission of £5 per lot.
- Any lot(s) purchased online through the ATG Media Live Auction facility www.the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the current rate.
In completing the bidder registration on
www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with you;
- authorise Sutton Hill Farm Country Auction Limited, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and
- confirm that you are authorised to provide these credit card details to Sutton Hill Farm Country Auction through www.the-saleroom.com and agree that Sutton Hill Farm Country Auction are entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
- Sutton Hill Farm Country Auction reserve the right to illustrate any lot offered for auction and will use such photographs/digital images, before and after the auction, at their discretion. The copyright in respect of such illustrations shall be the property of Sutton Hill Farm Country Auctions, as is the text of the catalogue.
- The export of any lot from the United Kingdom, or import into another country, may be subject to licences being granted. It is the buyer’s responsibility to obtain any relevant import or export licence/s. The denial of any such licence or delay in obtaining a licence shall not justify the rescission or cancellation of the sale.
- Droit de Suite - the Artist’s Resale Right Droit de Suite is a royalty payable to a qualifying artist or the artist’s heirs each time a work is re-sold during the artist’s lifetime and for a period up to 70 years following the artist’s death. Following the introduction of the Artist’s Resale Right Regulations Sutton Hill Farm Country Auctions has decided an amount equal to the resale royalty will be collected from the buyer of a work of art covered by these Regulations. This will then be passed to the relevant collecting agency. Resale Royalty applies where the hammer prices is €1000 or more. Resale royalty does not apply when the hammer price is less than €1,000. The total amount of Resale Royalty on any one sale or lot shall not exceed €12,500. The Resale Royalty amount is calculated as follows:
|Royalty for the portion of|
|the Hammer Price|
Invoices will be issued in Pounds Sterling. For the purposes of calculating the Resale Royalty, the Pounds Sterling/Euro rate of exchange will be the European Central Bank reference rate on the date of the sale. Each time you bid on a lot covered by the ARR, you agree to pay an amount equal to the resale royalty, if you are the successful bidder. This amount will be added to your invoice. Lots which may be affected by Droit de Suite – the Artists Resale Right will be identified within the item description.
These terms and conditions shall be interpreted in accordance with English Law and any dispute or action that may arise shall be dealt with English Law in an English Court.
- Sutton Hill Farm Country Auctions, do not pack or deliver auction items. The Buyer is responsible for arranging the packing/transportation and insurance of all items once purchased.
Terms and Conditions for Vendors
Vendors Commission of 15% is payable by the Vendor on the first £1000 of the hammer price plus 10% thereafter. A lotting fee of £5 is payable by the vendor on all lots entered for sale. Lots will be sold at the Auctioneer’s discretion, Vendors wishing to apply a reserve must do so in writing a least two working days prior to the sale, lots without a reserve will be sold to the highest bidder. Sutton Hill Farm Country Auctions accept liability for loss & damage to any item consigned for sale up to but not exceeding the lower estimate or reserve agreed.
Buyers Premium at a rate of 17.5% plus VAT on the hammer price is payable by the buyers of all lots. This will be collected and retained by the Auctioneers. Where indicated by an asterisk in the catalogue VAT is payable on the hammer price.
VAT is charged on Sutton Hill Farm Country Auctions services not goods, VAT is subject to the current VAT rate.
Sutton Hill Farm Country Auctions can provide transport using our in house service. A quotation can be provided upon request. Any royalties eligible to be paid to a qualifying artist under the ‘Droit de Suite’ legislation will be added to the buyers invoice, which will be in addition to the buyer’s premium. Please see Buyers Terms and Conditions.
Any notice to a Vendor consignor, prospective bidder or buyer may be given by first class mail, once sent this will be deemed to have been received by the addressee at their address listed on file 48 hours after posting. All transactions to which these Conditions apply and all matters connected with them shall also be governed by English Law.
The auctioneer has the right to refuse admission to the auction premises without giving a reason.
Definitions The Auctioneers means Sutton Hill Farm Country Auctions of Sutton Hill Farm, Broughton Astley, Leicester LE9 6EY.
The Vendor means the person or persons named on the schedule hereto. Where the Vendor comprises two or more persons the singular used in these Conditions shall include the plural and any obligations on the part of the Seller should be joint and several.
The Property shall mean the items identified on the schedule hereto.
The Buyer shall mean a person or persons including a firm or company making the highest bid for the Property or any part thereof whose bid shall exceed or be equal to the reserve. If there should be any dispute as to who is the Buyer the Auctioneer’s decision on this point shall be final. The Auctioneers are instructed by the Vendor to act as the Vendor’s agents to sell the Property by auction or private treaty subject to the Conditions. The Vendor warrants to Sutton Hill Farm Country Auctions and to the Buyer that he is the true owner of the Property or is properly authorised to sell the Property by the true owner free from all encumbrances.
The Vendor will indemnify Sutton Hill Farm Country Auctions its servants and agents and the Buyer against any liability under the Misrepresentation Act 1987 or the Consumer Protection Act 1987 or any statutory re-enactment thereof and any breach of these Terms and Conditions of Sale.
Care is taken to ensure that any statements as to authorship, attribution, origin, date, age, provenance and condition are reliable and accurate, but all such statements are statements of opinion and are not to be taken as statements or representations of fact. Sutton Hill Country Auctions reserve the right, in forming their opinion, to consult and rely upon any expert or authority reasonably considered by them to be reliable.
The Vendor authorises the Auctioneers to sell their Property on the basis that they are sold as seen with all faults, imperfections and errors of description. The Auctioneers as agents for the seller are not authorised to give any warranty in respect of the Property or any part thereof and the Auctioneers should exclude any and every implied condition or warranty relating to the Property otherwise except the warranty as to title implied under Section 12 of the Sale of Goods Act 1979.
The Vendor warrants that all information supplied to the Auctioneers is accurate and indemnifies the Auctioneers against any liability however arising in respect of any inaccuracies in the above information and against all costs and expenses incurred by or on the Auctioneers behalf in dealing with any claim arising in that respect. All Properties are put up for sale without reserve unless written instructions are received at least 2 days prior to the Sale or indeed a reserve is entered in the schedule hereto.
Where a Vendor cancels instructions for sale or where a lot is withdrawn for any reason other than mis-attribution or authenticity Sutton Hill Farm Country Auctions reserves the right to charge a fee equal to the Vendor’s unsold commission of 5% of the reserve or in the absence of a reserve by reference to an estimated price reasonably fixed by the Auctioneers, plus VAT at the current rate at the date of the Sale from which the goods are withdrawn.
After any auction if Property remains unsold the Auctioneers shall be authorised to sell the Property at the next appropriate Sale unless otherwise instructed by the Vendor that the Property is to be withdrawn If the Property is unsold against a reserve the Auctioneers shall be authorised to sell the Property at their earliest convenience without any reserve being applied unless a revised reserve is notified to the Auctioneers at least 48 hours prior to the next appropriate Sale.
Should a dispute arise the Auctioneers are authorised by the Vendor to determine the dispute and to put up the Property again at the last undisputed bid. The Vendor authorises the Auctioneers to bid on his behalf at their discretion up to the amount of the reserve to buy in the Property on the Vendor’s behalf as unsold below the reserve or to withdraw the Property as unsold if the reserve is not reached.
No Vendor may bid nor may any third party bid on a Vendors behalf.
The Vendor authorises the Auctioneers to bid on behalf of those persons who have left with them before the Auction written authority to bid on their behalf, neither the Auctioneers nor their servants or agents being responsible for any neglect or default relating to bids left to be made in that way, or for any failure of telecommunications relating to bids made.
The Auctioneers are authorised to take reasonable steps to regulate the bidding and to refuse undesirable bids at their discretion.
The Auctioneers have the Vendor’s authority to divide any lot, to combine any two or more lots or withdraw any lot(s) from the Sale.
The Vendor authorises Sutton Hill Farm Country Auctions to deduct commission at the stated rates, plus VAT at the current rate on the date of the Sale, in addition to expenses from the hammer price and acknowledges Sutton Hill Farm Country Auctions right to retain the Buyer’s Premium payable by the Buyer in accordance with Sutton Hill Farm Country Auctions Conditions of Sale.
Auctioneers may deduct their commission and charges from any sum received by them from the Buyer and authorised by the Vendor to retain possession of the Property until such time as all charges relating to the goods and the Sale price plus Buyers Premium and VAT have been paid provided the Auctioneers have been duly paid by the Buyer subject to the Conditions of Sale.
The Auctioneers shall pay the Vendor the net proceeds of the Sale less any sum due to the Auctioneers from the Vendor less any charges incurred within 28 days of the date of the Sale however if by that date the Auctioneers have not received the total amount due from the Buyer, then the Auctioneers will remit the sum due to the Vendor within 5 working days after the date on which the total amount is received from the Buyer. The Auctioneers act as the Vendor’s agents and are liable to the Vendor for any default by the Buyer.
If the property or any part thereof sold as a separate lot prove to be a deliberate forgery the Vendor authorises the Auctioneers to repay the Buyer the purchase price including Buyers Premium and VAT already paid by the Buyer and the Vendor shall pay to the Auctioneers a sum equal to the Buyer’s Premium plus VAT at the current rate.
The Vendor undertakes to notify the Auctioneers immediately of any change of address.
The Auctioneers reserve the right to store or arrange for the storage of Property delivered to them for sale, either on their own premises or elsewhere, at their sole discretion. If the Property is left in the Auctioneers possession for 14 days after written notification to the Vendor to remove them the Auctioneers will charge storage at £10 per lot per week for furniture and £2 per lot per week for small items plus VAT at the current rate and are authorised by the Vendor to sell the Property at their discretion to defray costs and storage charges. Unless otherwise instructed Sutton Hill Farm Country Auctions will cover all Property whilst in their possession against the risk of fire, burglary and water damage (but not against accidental breakage or damage) for which the Vendor will be charged 1% of the hammer price plus VAT at the current rate on the day of sale, or if unsold, the reserve price or if no reserve by reference to an estimated price reasonably fixed by the Auctioneers. In respect of any article delivered to Sutton Hill Farm Country Auctions if the Vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the Vendor shall notify his insurers of and shall himself note Sutton Hill Farm Country Auction’s interest as Bailee in such policy or policies.
The Vendor of electrical or mechanical goods warrants and undertakes to Sutton Hill Farm Country Auctions that at the date on which the Property is consigned to Sutton Hill Farm Country Auctions that they are safe if reasonably used for the purpose for which they were designed and free from any defect not evident on external inspection which could prove dangerous to human life or health and will indemnify Sutton Hill Farm Country Auctions, its servants and all agents against any loss or damage suffered by any of them in consequence of any breach or alleged breach of the above warranty and undertaking.
Any Properties which the Auctioneers consider unsaleable or in any way unsuitable may be returned to the Vendor or disposed of at the Auctioneers discretion for which a charge will be incurred and is payable by the Vendor. The Auctioneers assume the right to take and use photographs at their discretion for which a contribution shall be made by the Vendor to a maximum of £10 per colour photograph.