Buyers & Sellers

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 not 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 of 15% on the hammer price of each lot purchased. In addition, VAT is payable on this premium (see below).

 

Artists Re-Sale Right. Buyers of the re- sold art of living artists will be charged the royalty where applicable. Currently this is 4% on any items sold at 1000 Euros or over, diminishing above 50,000 Euros. VAT is not applicable. Further details can be obtained from our office.

5. VAT.

(*) Indicates that VAT is payable by the purchaser at the standard rate (presently 15%) 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 15% on importation into the UK. Lots which appear without the above symbol 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. Conditions of Lots.

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 exclusions 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 2 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale).

7. Condition Reports.

We may be able to assist buyers unable to view by posting or faxing a condition report, but these reports are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view. We can only provide reports up to the end of the day before sale day. (Please see our Conditions of Sale) Without prejudice to the above, where a problem arises regarding a purchase resulting from a Condition Report supplied by us, the item must be returned no later than 14 days after the sale date.

 

8. Electrical Goods.

These are sold as 'antiques' only, and if bought for use, must be checked over for compliance with safety regulations by a qualified electrician first.

 

9. 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.

 

10. Bidding.

Bidders may be 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 may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding. This is normally limited to items where the current lower estimate is no less than £500, and can only be arranged up to the end of the day before sale day.

 

11. Commission Bidding.

Commission bids may be left with the auctioneers indicatihg the maximum amount to be bid excluding buyer's 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 will prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or fax, and please note that they should always be with us no later than 30 minutes before the start of the sale.

12. Methods of Payment.

As a general rule, any cheques tendered will need to be cleared before removal of the goods is permitted unless prior arrangements have been made with us. Credit and debit card payments may be made in person, but please note that with credit cards there will be a surcharge of 2% plus VAT on all transactions. Please discuss with our Office in advance of the sale if any other methods of payment are envisaged (except cash). Under Government Money Laundering Regulations, the maximum amount of cash we can receive in payment or part payment of any single sale account is £9500.

 

13. 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, and in any event NO LATER THAN TWO DAYS AFTER THE SALE. Any delay may involve the buyer in paying our storage charges.

 

14. Smoking Regulations

For the comfort of our patrons, smoking is not permitted at any time on the Saleroom premises.

 

15. Parking

The police have requested that visitors leave vehicles in the Leeds Road public car park and not in Little Lane except when loading.

 

GLOSSARY OF PICTURE TERMS

1. Herbert Royle In our opinion, a work by the artist
2. Attributed to Herbert Royle In our opinion a work of the period of the artist, which may be wholly or partly the work of the artist
3. Circle of Herbert Royle In our opinion a work from the period of the artist and showing his influence
4. Follower of Herbert Royle or Manner of Herbert Royal In our opinion a work executed in the style of the artist and or uncertain date
5. After Herbert Royle In our opinion a copy of any date after the work by the artist “Bears Signatures” or “Bears Inscription” In our opinion the signature/inscription is not by the hand of the artist

 

1. Description

We shall have the sole right as to the description of any article offered for sale and to its grouping with any other belonging to the Seller. We will also select the appropriate sale for each item which in our opinion will be the most beneficial to the Seller. We reserve the right to proceed on this basis without further reference to the Seller. Please assist us with accurate information as to provenance etc. where relevant. In some circumstances responsibility for the accuracy of descriptions lies with the Seller. We will assume you have approved the catalogue description of your lots unless informed to the contrary.

 

2. Charges

Victorian and Later Sales: £10 entry fee plus 15% (reducing to 15% for single items over £500)
Subject to Minimum Commission Charge of £5

Antiques and Fine Arts Sales: 10%
Subject to Minimum Consignment Charge of £15

Toys and Dolls Sales, Wine Sales: 15%
Subject to Minimum Consignment Charge of £15

No charge is made for "buying in" items below a previously agreed reserve.

 

No extra charge is made for insurance on our premises, or photography in our catalogues.

Removals are arranged using either our own transport and staff or an outside contractor. The hire of two men and a van will be charged out at an hourly rate (usually approximately £35 per hour).

All charges are subject to VAT at the standard rate.

 

3. Reserves

The Seller may place reserve prices on items which will be sold subject to these reserves provided they are agreed in advance with us. A 10% discretion may be employed below that figure where the bidding stops close to the reserve price. The Seller is not permitted to bid on his/her own behalf without prior agreement with us. Where the reserve is specifically agreed with us prior to the sale, no charge is made for withdrawing items unsold below their reserve. Otherwise, where an item is withdrawn by the Seller after the final entry date and prior to the sale taking place we will make a charge of 10% of the reserve price. In the absence of a reserve price, this will be calculated using the printed catalogue presale estimate. In general sales where no estimates are published, there will be a £10 fixed fee per item.

 

4. Collections

We can undertake the collection of goods with our own transport, charging the cost to the Seller at an hourly rate. Alternatively acting expressly as agents we will if required instruct a removal contractor on the Seller's behalf.

 

5. Warehousing

Goods delivered for sale to our salerooms are stored without charge. However we exempt ourselves from any liability for goods left on our premises after the Seller has been informed that they are unsold. We also reserve the right to make a charge for warehousing of 50p per lot per day from three days after the sale. If then the goods are not removed within twenty eight days of the sale, we reserve the right to sell them and pay ourselves the outstanding charges before submitting the net proceeds to the Seller.

 

6. Unsaleable Goods

Any lot for which a bid has not been obtained, or which we consider is unfit for sale, must be collected by the Seller within seven days of being so informed. Warehousing will be charged as per 5 (above), together with any tipping charges, which may be incurred in disposing of the items, if this is appropriate.

 

7. Statutory Regulations

(a) Upholstered goods of any kind are now controlled by regulation. Items manufactured after 1950 must bear approved manufacturers labels relating to flammability. These labels only appear from March 1990. Items without labels may not be offered. Pre-1950 items are exempt, and thus, subject to their condition are saleable.

(b) Electrical goods must have approved wiring and an insulated 13 amp plug. Heaters and fires must have approved guards. All items must be in full working order.

(c) Other items we can no longer sell:-
Any gas appliance, oil and paraffin heaters, crash helmets, foam filled pillows and cushions, modern prams, pushchairs and baby items, certain modern toys and oil lamps.

 

8. Insurance

We will without charge hold all goods awaiting sale on our premises covered against the risks of fire, theft and water damage at the agreed auction sale reserve price. If this has not been agreed, we will use our estimate of the sale price. In the event of any dispute over this figure, this will be fixed independently by a member of the Society of Fine Arts Auctioneers.

 

9. Agency

We act throughout as agents only and are not responsible for any default by the Purchaser. After sale, settlement of the net sum due to you normally takes place within seven working days (Victorian and Later Sales) and ten working days (all other sales) by crossed cheque to the Seller. We disclaim liability to pay the Seller until we have received full settlement from the Purchaser.

You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business of the day after the sale, in the case of lots sold at auction. In this case the same charges will be payable as of such lots had been sold at auction, and so far as is appropriate these terms apply.

 

10. Value Added Tax

This is not normally payable on items sold by us unless they form part of the Sellers registered business. If however, any VAT registered items are sold, this will be done INCLUSIVE of VAT which will then be deducted from the gross proceeds of sale payable to the Seller.

11. Buyer's Premium

A Buyers Premium of 15% plus VAT will be charged to the purchasers based on the hammer price of each item.

 

 

Conditions of Sale

HARTLEYS 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 HARTLEYS 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 HARTLEYS 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 for 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 refers 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 satisfy any security arrangements before entering the auction room to view or bid, and to register their particulars immediately on purchasing their first lot on the day.

(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 re-offering the Lot during the course of the auction or otherwise.

(c) Bidders shall be deemed to act as principals.

(d) 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. Incremants

Bidding increments shall be at the auctioneer's sole discretion.

4. The Purchace Price

The buyer shall pay the hammer price together with a premium thereon of 15% together with VAT on the premium at the rate imposed by law.

ARTISTS RE-SALE RIGHT. Buyers of the re-sold art of living artists will be charged the royalty where applicable. Currently this is 4% on any item sold at 1000 Euros or over, diminishing about 50,000 Euros. VAT is not applicable. Further details can be obtained from our office.

5. Value Added Tax

Valued Added Tax on the hammer price is imposed by law on all items affixed with an 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 case 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 Purchase

(1) The ownership of any Lots purchased shall not pass on 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 no later than two working days following the day of the auction 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 Purchase

(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 shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise all or any 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, at the cost of £1 per lot per day;

(e) to charge interest at a rate not exceeding 1½% per month on the total amount due to the extent it remains unpaid for more than two 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 on any of your property in our possession for any purpose.

(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 layout 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 neglect or default in so doing or failing to do so. 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 property 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

(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 the 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, and hereby excluded. This 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 for buyers”.

(2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.

15. Forgerise

Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 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 (but not the amount of any consequential loss, damages, expenses or interest) 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.

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. Any indemnity or exclusion under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and the auctioneer declares itself to be a trustee of the benefit of every such clause so far as it is expressed to be for the benefit of its employees and agents.

18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or Swift 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 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 constructed as having full force and effect.

21. English law applied to the interpretation of these Conditions.