- 1. Introduction. The following informative notes are intended to assist Buyers,
particularly those inexperienced or new to our salerooms. All sales are conducted
on our printed Conditions of Sale which are readily available for inspection and
normally accompany catalogues. Our staff will be happy to help you if there is 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. Estimates. Estimates are designed to help buyers gauge what sort of sum might
be involved for the purchase of a particular lot. The lower estimate may represent
the reserve price and certainly will not be below it. Estimates do not include the
Buyer’s Premium or VAT (where chargeable). Estimates are prepared some time before
the sale and may be altered by announcement before the sale. They are in no sense
definitive.
- 4. Buyer's Premium. The Conditions of Sale oblige buyers to pay a buyer's premium
at 22% on the hammer price of each lot purchased. VAT is charged on the premium
(see below).
- 5. VAT. (*) indicates that VAT is payable by the purchaser at the standard rate
(presently 20%) on the hammer price as well as being an element in the buyer's premium.
This imposition of VAT is likely to be because the seller is registered for VAT
within the European Union and is not operating the Dealers Margin Scheme or because
VAT is due at 20% on importation into the UK. The double symbol (**) indicates that
the lot has been imported from outside the European Union and the present position
is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price
(i.e. both the hammer price and the buyer's premium). Lots which appear without
either of the above symbols indicate that no VAT is payable on the hammer price.
This is because such lots are sold using the Auctioneers' Margin Scheme and it should
be noted that the VAT included within the Premium is not recoverable as input tax.
- 6. We are, primarily, agents for the seller. We are dependent on information provided
by the seller and whilst we may inspect lots and act reasonably in taking a general
view about them we are normally unable to carry out a detailed or any examination
of lots in order to ascertain their condition in the way in which it would be wise
for a buyer to do. Intending buyers have ample opportunity for inspection of goods
and, therefore, accept responsibility for inspecting and investigating lots in which
they may be interested. Please note carefully the exclusion of liability for the
condition of lots contained in the Conditions of Sale. Neither the seller nor we,
as the auctioneers, accept any responsibility for their condition. In particular,
mechanical objects of any age are not guaranteed to be in working order. However,
in so far as we have examined the goods and make a representation about their condition,
we shall be liable for any defect which that examination ought to have revealed
to the auctioneer but which would not have been revealed to the buyer had the buyer
examined the goods. Additionally, in specified circumstances lots misdescribed because
they are 'deliberate forgeries' may be returned and repayment made. There is a 3
week time limit. (The expression 'deliberate forgery' is defined in our Conditions
of Sale).
- 7. Electrical goods (unless they are sold as 'antiques' only) are checked over for
compliance with safety regulations by a qualified electrician and are guaranteed
up until the Wednesday following the sale.
- 8. Export of goods. Buyers intending to export goods should ascertain (a) whether
an export licence is required and (b) 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.
- 9. Bidding. Bidders are required to register before the sale commences and lots
will be invoiced to the name and address on the registration form. Some form of
identification will be required if you are unknown to us. Please enquire in advance
about our arrangements for telephone bidding.
- 10. Commission bidding. Commission bids may be left with the auctioneers indicating
the maximum amount to be bid excluding buyers' premium. They will be executed as
cheaply as possible having regard to the reserve (if any) and competing bids. If
two buyers submit identical commission bids the auctioneers may prefer the first
bid received. The auctioneers reserve the right to exceed the maximum amount by
one bid in order to secure the lot on your behalf. Please enquire in advance about
our arrangements for the leaving of commission bids by telephone, email or FAX.
- 11. Methods of Payment. These are cash, debit or credit card or banker’s draught.
- 12. Collection and storage. Please note what the Conditions of Sale state about
collection and storage. It is important that goods are paid for and collected promptly.
Any delay may involve the buyer in paying storage charges.
- 13. DROIT DE SUITE pleases see point 21 in CONDITIONS OF SALE.
- 14. LIVE BIDDING please see point 22 in CONDITIONS OF SALE
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 the Auctioneers.
- 2. Commission is charged to sellers at the following rates:- 10% over £1001 and
15% up to £1000. The standard entry fee for illustrated lots is £10, (cover illustration
fees will be at auctioneers discretion). Entry fee for lots not illustrated is £1.
(Entry fees are charged sold or unsold). Minimum commission charge is £6 per lot.
- 3. Collection costs. We have vans available to collect and will be pleased to quote.
- 4. Loss and Damage of goods. Loss and Damage – Duggleby Stephenson Ltd is not authorised
by the FSA to provide insurance to its clients, and does not so do. However David
Duggleby Ltd for its own protection, assumes liability for property consigned to
it at the lower pre-sale estimate until the hammer falls. To justify accepting liability,
Duggleby Stephenson Ltd makes a charge of 1% of the hammer price plus VAT. The liability
assumed by Duggleby Stephenson Ltd shall be limited to the lower pre-sale estimate, or
the hammer price if the lot has sold, or to the reserve if the lot was unsold. (b)
If the owner of goods consigned instructs us in writing not to take such action,
the goods then remain entirely at the owner’s risk unless and until the property
in them passes to the Buyer or they are collected by or on behalf of the owner,
and clause 4(a) is inapplicable.
- 5. Illustrations. The cost of any illustrations is borne by you (see 2.) The copyright
in respect of such illustrations shall be the property of us, the auctioneers, as
is the text of the catalogue.
- 6. Reserves.
- (a) You are entitled to place prior to the auction a reserve on any lot consigned
over the value of £50, 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 an unreasonably high reserve (in which case goods carry the
storage and insurance charges stipulated in these Terms of Consignment).
- (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.
- 7. Electrical items. These are subject to detailed statutory safety controls. Where
such items are accepted for sale you accept responsibility for the cost of testing
by external contractors. Goods not certified as safe by an electrician (unless antiques)
will not be accepted for sale. They must be removed at your expense on your being
notified. We reserve the right to dispose of unsafe goods as refuse, at your expense
.
- 8. Soft furnishings. The sale of soft furnishings is strictly regulated by statute
law in the interests of fire safety. Goods found to infringe safety regulations
will not be offered and must be removed at your expense. We reserve the right to
dispose of unsafe goods as refuse, at your expense. The rights of disposal referred
to in clause 8 and 9 are subject to the provisions of The Torts (Interference with
Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request
- 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 15 of the Conditions of Sale and we have accounted to you for the proceeds
of sale you agree to reimburse us the sale proceeds. The liability to reimburse
the sale proceeds shall not arise where you are acting reasonably and honestly and
are unaware of the forgery but we are or ought to have been aware of it.
- 10. Unsold and withdrawn items. If an item is unsold it may with your consent 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. We reserve the right to charge for storage in these
circumstances at a reasonable daily rate.
- 11. Withdrawn and bought in items. These are liable to incur a charge of 10% plus
VAT on being bought in or withdrawn after being catalogued.
- 12. Conditions of Sale. You agree that all goods will be sold on 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.
- (a) You authorise us to deduct commission at the stated rate and all expenses incurred
for 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.
- (b) You authorise us in our discretion to negotiate a sale by private treaty 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. Warehousing. We disclaim all liability for goods delivered to our saleroom without
sufficient sale instructions and reserve the right to make minimum warehousing charge
of £1 per lot per day. Unsold lots are subject to the same charges if you do not
remove them within a reasonable time of notification. If not removed within three
weeks we reserve the right to sell them and defray charges from any net proceeds
of sale or at your expense to consign them to the local authority for disposal.
- 15. Settlement. After sale settlement of the net sum due to you normally takes place
within 14 days of the sale (by crossed cheque to the seller) unless the buyer has
not paid for the goods. In this case no settlement will then 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.
You must note the liability to reimburse the proceeds of sale to us as under the
circumstances provided for in Condition 10 above. You should therefore bear this
potential liability in mind before parting with the proceeds of sale until the expiry
of 21 days from the date of sale.
CONDITIONS OF SALE
Duggleby Stephenson Ltd carries on business with bidders, buyers and all those present
in the auction room prior to or in connection with a sale on the following General
Conditions and on such other terms, conditions and notices as may be referred to
herein.
1. DEFINITIONS
In these Conditions:
- (a) "auctioneer" means the firm of Duggleby Stephenson Ltd or its authorised auctioneer,
as appropriate;
- (b) "deliberate 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 catalogue as being the work of a particular creator and which at
the date of the sale had a value materially less than it would have had if it had
been in accordance with the description;
- (c) "hammer price" means the level of bidding reached (at or above any reserve)
when the auctioneer brings down the hammer;
- (d) "terms of consignment" means the stipulated terms and rates of commission on
which Duggleby Stephenson Ltd accepts instructions from sellers or their agents;
- (e) "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;
- (f) "sale proceeds" means the net amount due to the seller, being the hammer price
of the lot sold less commission at the stated rate, Value Added Tax chargeable and
any other amounts due to us by the seller in whatever capacity and however arising;
- (g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
- (h) The singular includes the plural and vice versa as appropriate.
2. BIDDING PROCEDURES AND THE BUYER
- (a) Bidders are required to register their particulars before bidding and to satisfy
any security arrangements before entering the auction room to view or bid;
- (b) the maker of the highest bid accepted by the auctioneer conducting the sale
shall be the buyer at the hammer price and any dispute about a bid shall be settled
at the auctioneer's absolute discretion by reoffering the Lot during the course
of the auction or otherwise. The auctioneer shall act reasonably in exercising this
discretion.
- (c) Bidders shall be deemed to act as principals.
- (d) Once made, no bid may be withdrawn.
(2) 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. INCREMENTS
Bidding increments shall be at the auctioneer’s sole discretion.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 16.67% which
plus VAT on the premium at the rate imposed by law.
5. 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 buyers of relevant Lots.
(Please refer to "Information for Buyers" for a brief explanation of the VAT position).
6. PAYMENT
(1) Immediately a Lot is sold you will:
- (a) give to us, if requested, proof of identity, and
- (b) pay to us the total amount due in cash or in such other way as is agreed by
us.
(2) 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.
7. TITLE AND COLLECTION OF PURCHASES
- (1) 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.
- (2) You shall at your own risk and expense take away any lots that you have purchased
and paid for not later than 3 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.
- (3) No purchase can be claimed or removed until it has been paid for.
8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
(1) 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.
(2) 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
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note
the lay-out of the accommodation and security arrangements. Accordingly neither
the auctioneer nor our employees or agents shall incur liability for death or personal
injury (except as required by law by reason of our negligence) or similarly for
the safety of the property of persons visiting prior to or at a sale.
10. COMMISSION 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 we will if
so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer
nor our employees or agents shall 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.
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you 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 property free
from any third party claims.
12. AGENCY
The auctioneer normally acts as agent only and disclaims any responsibility for
default by sellers or buyers.
13. 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 as notified to the
consignor at the time of the entry of the Lot.
14. DESCRIPTIONS AND CONDITION
(1) Whilst we seek to describe lots accurately, it may be impractical for us to
carry out exhaustive due diligence on each lot. Prospective buyers are given ample
opportunities to view and inspect 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
neither we the auctioneer nor our employees or agents nor the seller accept liability
for the correctness of such opinions and all conditions and warranties, whether
relating to description, condition or quality of lots, express, implied or statutory,
are hereby excluded. This Condition is subject to the next following Condition concerning
deliberate forgeries and applies save as provided for in paragraph 6 “information
to buyers”.
(2) Private treaty sales made under these Conditions are deemed to be sales by auction
for purposes of consumer legislation.
15. FORGERIES
Notwithstanding the preceding Condition, any Lot which proves to be a deliberate
forgery (as defined) 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 presented that the Lot is a deliberate
forgery we shall refund the money paid by you for the Lot including any buyer's
premium provided that (1) if the catalogue description reflected the accepted view
of scholars and experts as at the date of sale or (2) you personally are not able
to transfer a good and marketable title to us, you shall have no rights under this
condition.
The right of return provided by this Condition is additional to any right or remedy
provided by law or by these Conditions of Sale.
GENERAL
16. We shall have the right at our discretion, to refuse admission to our premises
or attendance at our auctions by any person.
17. (1) 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 the seller and/or the auctioneer as appropriate.
(2). 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.
18. Any notice to any buyer, seller, bidder or viewer may be given by first class
mail in which case it shall be deemed to have been received by the addressee 48
hours after posting.
19. 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.
20. Any indulgence extended to bidders buyers or sellers by us notwithstanding the
strict terms of these 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.
21. DROIT DE SUITE royalty charges. From 14th February 2006 all UK art market professionals
(which includes but is not limited to auctioneers, dealers, galleries, agents and
other intermediaries) are required to collect a royalty payment for all works of
art that have been produced by living artists. This payment is only calculated on
qualifying works of art which are sold for a hammer price more than the UK sterling
equivalent of EURO 1,000- the UK sterling equivalent will fluctuate in line with
prevailing exchange rates. It is entirely the responsibility of the buyer to acquaint
himself with the precise EURO to UK sterling exchange rate on the day of the sale
in this regard and the auctioneer accepts no responsibility whatsoever if the qualifying
rate is different to the rate indicated. All items in this catalogue that are marked
with DDS are potentially qualifying items and the royalty charge will be applied
if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000.
The royalty charge will be added to the to all relevant buyers’ invoices and must
be paid before items can be cleared. All royalty charges are passed on to the Design
and Artists Copyright Society (‘DACS’) no handling costs or additional fees with
respect to these charges will be retained by the auctioneers. The royalty charge
that will be applied to qualifying items which achieve a hammer price of more than
the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent
of 50,000 is 4%. For qualifying items that sell for more than the UK sterling equivalent
of EURO 50,000 a sliding scale of royalty charges apply – for a complete list of
royalty charges and threshold levels please see www.dacs.org.uk. There is no VAT
payable on this royalty charge.
22. ONLINE BIDDING
Duggleby Stephenson Ltd offer an online bidding service via the-saleroom.com for bidders
who cannot attend the sale.
In completing the bidder registration on www.the-saleroom.com and providing your
credit card details and unless alternative arrangements are agreed with Duggleby Stephenson
Ltd you:
- A. authorise Duggleby Stephenson Ltd, if they so wish, to charge the credit card given
in part or full payment, including all fees, for items successfully purchased in
the auction via the-saleroom.com, and
- B. confirm that you are authorised to provide these credit card details to David
Duggleby Ltd through www.the-saleroom.com and agree that Duggleby Stephenson Ltd are
entitled to ship the goods to the card holder name and card holder address provided
in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will
be subject to an additional % commission charge + VAT at the rate imposed on the
hammer price
23. English law applies to the interpretation of these Conditions.
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