CONDITIONS OF SALE (“CONDITIONS”)
1. These Conditions shall apply to individuals and organisations have dealings with the Auctioneers.
2. In these Conditions the following definitions shall apply:-
“ARR” means Artists Sale Rights.
“ARR Regulations” means the Artists Resale Right Regulations 2006 and the Artists Resale Right (Amendment) Regulations 2011.
“Auctioneers” means John Milne Auctioneers, 9 North Silver Street, Aberdeen AB10 1RJ and “auctioneer” means the representative of John Milne Auctioneers conducting the auction sale.
“bidder” means an individual person or organisation bidding at an auction and includes a Bidder User.
“Bidder User” means buyers bidding on-line.
“Buyer” means the person to whom a Lot is knocked down to by the auctioneer and will include any bidder or potential buyer.
“Buyer’s number/paddle” means the number used by the Buyer to purchase Lots.
“Commission bid, Absentee bid or Silent bid” means a bid left with the auctioneer who bids on your behalf
“Hammer Price” means the price for which the Lot is knocked down to by the auctioneer.
“Lot” means any item consigned to the Auctioneers with a view to being sold at auction.
“Lot Number” means the separate number assigned to each item for sale.
“POA” means proof of address, comprising a recent (from the last three months) utility bill, council tax bill or bank statement)for the purpose of the relevant Anti Money Laundering Regulations.
“POI” means proof of identity, comprising government issued photo identification (eg passport or driver’s licence)for the purpose of the relevant Anti Money Laundering Regulations;
“Reserve Price” has the meaning attributed to it in condition 5 below.
“vendor” means a person consigning goods for auction with the Auctioneers.
“Working Day” means day (excluding public holidays) when clearing banks are open for business in Edinburgh.
“writing” includes email and fax.
Words used in the plural shall include the singular and vice versa.
3. All Goods delivered to Auctioneers shall be deemed as intended for sale by auction. Instructions to the Auctioneers to the contrary must be in writing. By delivery of goods to the Auctioneers, the vendor is bound by these Conditions of Sale. The Auctioneers reserve the right at their absolute discretion to store goods delivered to them with insufficient instructions and to levy a storage charge of £1 per day for each lot or purported lot until clear and sufficient instructions are received. The Auctioneers may intimate to the vendor in writing that goods are to be removed and a charge of £1 per day or part day per lot will be charged from the date of intimation requiring the removal of goods until the date of removal. In the event of the Auctioneers receiving no instructions for the period of twenty-one days from the date of such intimation they reserve the right to expose the Lots for sale with no liability to the Auctioneers consequent upon proceeding with such exposure for sale.
4. If requested by a vendor, the Auctioneers can arrange for the collection of goods for sale at auction. The goods will be covered by the Auctioneers by insurance for loss or damage during transit and while the goods are on the Auctioneers’ premises unless instructed in writing by the vendor not to do so, in which case the goods will be transported by the Auctioneers to their premises at the vendor’s risk. Damage to picture frames and picture glass are not covered by the Auctioneers’ insurance. A charge of 1½ % plus V.A.T. will be made to cover the cost of insurance. (Minimum charge for insurance is £1). Such insurance charge will be based on the Hammer Price, the Reserve Price, or at a figure deemed reasonable by a member of the Auctioneers’ Valuation Department.
5. A Reserve Price may be placed on a Lot, to which a Lot Number will be allocated, on the written instructions of the vendor. In the absence of such instructions there will be deemed to be no Reserve Price. No reserve will be accepted on a Lot under the value of £30. In the event of a Lot failing to reach a Reserve Price the Auctioneers will levy a charge of not less than 5 % plus V.A.T. of the Reserve Price. In the event of a Reserve Price not being reached at Auction, the Auctioneers reserve the right to sell the lot by private treaty at a price not less than the Reserve Price.
6. The Auctioneers shall have the right to bid on behalf of a vendor for any lot on which a Reserve Price has been placed.
7. A Commission bid, Absentee bid or Silent bid authorises the auctioneer to act as the Buyer’s representative for the purpose of securing the purchase of a Lot at the lowest possible price, subject to any Reserve Price and interest from other bidders.Where identical Commission, Absentee or Silent bids are received for a Lot, the auctioneer reserves the right to give priority to the first recorded bid.
8. In the event that goods offered at auction are not sold at auction, or are withdrawn before auction, the owner (i.e. the intending vendor) of such goods shall no later than seven days after the auction in question or such withdrawal give instructions to the Auctioneers regarding the disposal (including sale) of such goods. In the absence of instructions, the Auctioneers shall (after a period of7WorkingDays) be entitled to dispose of the property in such manner or means as they determine including sale at their discretion without giving notice to the vendor. The Auctioneers may apply a charge or levy of 10 % plus VAT to goods withdrawn from auction at short notice.
9. The vendor warrants and represents to the Auctioneers the transfer of good and marketable title to the goods to the Buyer of the goods free from any liens, charges, encumbrances or other impediments. The vendor undertakes to indemnify and hold harmless the Auctioneers against any loss, damages, liability, or costs (including reasonable legal and professional costs) sustained by the Auctioneers attributable to any claim in respect of a defect or alleged defect in the vendor’s title to the goods. If the vendor shall cancel in writing his instructions to the Auctioneers with regard to goods once the catalogue containing details of the goods has been printed, the vendor shall pay or re-imburse to the Auctioneers the prevailing cataloguing charge at that time.
10. At all times, the Auctioneers acts in the sale of goods as agent of the vendor, whose identity is not normally disclosed, and the Auctioneers are not responsible for any default on the part of the vendor. As agent for the vendor the Auctioneers rely on information from the vendor concerning a Lot. Accordingly, it is the responsibility of the Buyer to inspect the Lot and ascertain its condition.
11. Private individual vendors, in addition to full contact details, will be required to exhibit satisfactory POI and POA in accordance with the Auctioneers’ and other governmental requirements. Corporate vendors will require to exhibit a copy of the Certificate of Incorporation or equivalent documentation and proof of identification of directors and persons with significant control.
12. Subject to Condition 15below in so far as it relates to Buyers bidding on-line, the Auctioneers reserve the right at their discretion to refuse admission to the premises or attendance at their auction sales.
13. All persons on the Auctioneers’ premises are there at their own risk and must ensure that they note the premises plan and emergency exits. No partner, officer or employee of the Auctioneers will be liable for personal injury or death (unless caused by negligence on the party of the Auctioneers or staff) or for the safety of personal property [including vehicles].
14. The highest bidder shall be the Buyer. If any dispute arises the Auctioneers shall have absolute discretion to settle it and put any disputed Lot up again. The Auctioneers shall have absolute discretion to refuse any bidding, to divide any Lot, to combine one or two Lots and to withdraw any lot or lots from the sale without in any case giving any reason. A sale is complete when the auctioneer announces its completion by the fall of the hammer but until such announcement is made a Buyer may retract his bid.
15. Immediately the Lot is sold, the Buyer (subject to having complied with all the Auctioneers registration requirements as set out below in this clause) shall provide if required satisfactory bank or other references and shall pay down the full purchase price or such other amount as the Auctioneers in their absolute discretion may determine as part payment of the price, in default of which, the Lot or Lots purchased may be put up again and resold by the Auctioneers as soon as practical as determined by them in their absolute discretion. Property in the Lot shall pass only when the purchase price or such other amount as the Auctioneers in their absolute discretion may determine in part payment of the price is paid. However, Bidder Users using the Auctioneers’ website shall be required to pre-register and open an account in order to use the Auctioneers’ web-based platform. Bidder Users will make payment for goods purchased and the Auctioneers’ charges in accordance with the Auctioneers’ requirements specified in such website. Private individuals (physically present at the auction sale, intending to bid but not bidding on-line), shall be required to register to bid and receive a paddle and in addition to full address and contact details, shall be required to exhibit satisfactory POI and POA in accordance with the Auctioneers’ legal obligations. Similarly, corporate buyers will require to exhibit a certified copy of the Certificate of Incorporation or equivalent documentation and proof of identification of directors and persons with significant control. The Auctioneers shall have the absolute discretion to refuse pre-registration and access to the Auctioneers’ White Label Suite any without assigning any reason for such refusal.
16. Under no circumstances will the names of Buyers be altered or substituted once provided by Buyers or purported buyers after purchase of the relevant Lot.
17. Any statements as to authorship, attribution, origin, date, age, provenance, and condition are statements of opinion and are not to be taken as statements or representations of fact. The Auctioneers reserve the right in forming their opinion to consult any expert of authority considered by them in their absolute discretion to be reliable.
18. All Lots are sold as shown and seen with all limits, imperfections, and errors of description. Neither the Auctioneers nor any vendor (except in the case of fraud on the part of the vendor) are responsible for errors of description or for the genuineness or authenticity of any Lot or for any fault or defect in such Lot however caused. Buyers are deemed to have inspected the Lot purchased to their complete satisfaction and to be fully aware of its condition including any defects. No warranty whatever is given by the Auctioneers or any vendor to any Buyer in respect of any Lot and any implied conditions or warranties, except in the case of the vendor those implied under Section 12 of the Sale of Goods Act 1893, as amended by the Supply of Goods (Implied Terms) Act 1973, are hereby excluded.
19. All Lots prefixed ARRindicate that they are subject to Artists Resale Rights. This will only apply to items selling for a Hammer Price of £1000 or greater, converted into the currency of the sale using the European Central Bank reference rate prevailing on the date of sale. The additional premium will be payable to the Auctioneers by the Buyer (including Bidder Users) to cover the Auctioneers’ expenses relating to the payment of royaltiesin terms of the ARR Regulations. The royalty is calculated as a percentage of the Hammer Price and is set out on a sliding scale from 4% to 0.25% as fully specified in the Regulations. As stated in the ARR Regulations the maximum royalty is capped at £12,500.
20. All goods offered for sale at sales (other than Catalogue or Online/Internet Sales) shall be paid for in terms of Clauses15, 23 and 24and removed from the premises within two working days of the sale. All goods offered for sale at Catalogue or Online/Internet sales shall be removed within seven working days of the sale. On expiry of these periods a storage or handling charge of £2 per lot per day will be charged with a minimum charge of £5. Lots neither paid for nor removed within fourteen days of a weekly sale or within twenty- one days of a Catalogue or Online/Internet sale may be disposed of by the Auctioneers in such manner as they determine at their absolute discretion without notice to the buyer who shall remain liable forany shortfall inthe eventual purchase price of the lot and any extra costs arising from a resale.In these circumstances a buyer shall be deemed to have received notice of the Auctioneers intention to re-sell the Lot in terms of Section 48(3) of the Sale of Goods Act 1979.
21. It is the responsibility of the Buyer who intends to export items to determine whether a licence is required to do so and to ensure that export of the item in question is permitted.
22. A Buyer’s Premium. General sales will be subject to a Buyer’s Premium of 20% on the Hammer Price. VAT will be charged on this premium. Internet sales will have an additional 4.95% on the hammer price andVAT will be charged on this additional premium.
23. The Commissions payable by vendors charged on the Hammer Price is as follows: 25% per lot + V.A.T- up to an amount of £100.00, 20% per lot + V.A.T.– from £101.00 to £500.00, 15% per lot + V.A.T. – from £501.00 upwards.
The minimum charge per lot is £2.00 + V.A.T. and a Minimum charge per consignment of £10 + V.A.T, which may be requested on goods being received for auction, in which case such minimum charge shall be treated as a payment to account of final commissions determined by reference to the hammer price Commissions on special sales of individual works of high value may be negotiated prior to auction. Photographing and cataloguing charges will be deducted from sale proceeds where relevant and appropriate.For large, low-cost assignments additional administration costs as agreed in advance may be incurred.
The symbol Y next to a Lot number indicates that VAT is payable by the Buyer at the standard rate on the day of the auction on the Hammer Price as well as payable as part of the Buyer’s Premium.
24. Payment for Lots must be made by the Buyer. Payment by a third party will be refused. Payments may be made in cash up to Euro 10,000(approximately GB pounds sterling £9000) or by debit or credit card. Cheques are accepted where a cheque guarantee card accompanies the cheque. In the case where a cheque guarantee card isnot provided, the goods will not be released until the cheque has cleared which may take up to seven working days. Payments by credit or debit card can be made in person or by phone subject to compliance with Condition 15. Bidder Users will use the Auctioneerssecure on-line payment system in order to make payment.
25. These terms and conditions are governed by the laws of Scotland and parties agree to the exclusive jurisdiction of the Scottish Courts.