The paragraph numbers refer to these conditions as printed on the Entry Form and in the catalogue.
1. In these conditions the following words shall have the following meanings:-
"The Auctioneer" means Rosebery Fine Art Limited.
"Hammer Price" the price at which the Lot is sold to the Buyer.
"Buyer" the highest bidder for any Lot acceptable to the Auctioneer.
"Lot" goods delivered to the Auctioneer by the Seller for sale by auction.
2. The Auctioneer sells as agent for the Seller and as such is not responsible for any default of the Seller or Buyer.
3. All goods delivered to the Auctioneer's premises will be deemed to be delivered for sale by auction unless otherwise stated in writing, they will be catalogued and sold at the Auctioneer's discretion and are accepted by the Auctioneer subject to these conditions. By delivering goods to the Auctioneer for inclusion in auction the Seller acknowledges accepts and agrees to all these conditions, and grants the Auctioneer full authority to photograph and illustrate any Lot and use such photographs at any time at his discretion.
4. The Seller warrants the Auctioneer and the Buyer that he is the true owner of the Lot or is properly authorised to sell the Lot by the true owner and is able to transfer good title thereto free of any third party claims.
5. The Seller shall indemnify the Auctioneer, its servants and agents and the Buyer against all claims made or proceedings brought by persons entitled to the Lot and shall reimburse the Auctioneer on demand for all payments, cost, or expenses or any other loss or damage whatsoever made, incurred or suffered as a result of any breach by the Seller of these conditions.
6. (a) The Seller may place a reserve on any Lot by agreement in writing with the Auctioneer. The Auctioneer shall have the sole right to bid on behalf of the Seller up to the amount of the reserve. The Seller shall not bid on any Lot on which a reserve has been placed. The Auctioneer holds itself responsible only for reserves or other sale instructions received in writing from the vendor.
(b) Where any Lot fails to sell the Auctioneer retains the right to re-offer the Lot at a reduced estimate and reserve (if any) and sold at the Auctioneers discretion unless written instructions are received to the contrary.
(c) If the Seller does not wish to re-enter the Lot, or the Auctioneer advises the Seller that it does not wish to re-enter the Lot on their behalf, the Seller shall collect the Lot within 5 working days of the last auction, failing which they shall be responsible for storage charges at £2 per Lot per day in addition to any other charges at £2 per day in addition to any other charges to which they are liable.
(d) If the Lot remains uncollected 2 months after the date of the sale, the Auctioneer shall have the right to sell the Lot at auction without reserve and to deduct from the "hammer price" any sum owing to the Auctioneer including expenses arising from all sales in which the Lot has been included and storage and insurance charges.
7. The Auctioneer shall remit the proceeds of the Seller 28 days after the day of the auction provided that the Auctioneer has received the total sum due from the Buyer. The Auctioneer shall not be deemed to have received the total sum until any cheque delivered by the Buyer has been received and cleared. If the Auctioneer exercises its right to rescind the sale under clauses 9 and 18 hereof it shall not have any obligation to the Seller hereunder.
8. If the Seller withdraws instructions to the Auctioneer to sell any Lot the Auctioneer may charge the Seller such amount as the Auctioneer deems necessary to compensate the Auctioneer for all expenses incurred in respect of the Lot together with a cancellation charge which shall not be less than 15% of the Auctioneers low estimate of the auction price of the Lot withdrawn together with VAT thereon.
9. If before the net proceeds of the sale have been paid to the Seller the Auctioneer receives notice from the Buyer that in it's view the Lot is a forgery (and is not as described in the catalogue) and the Auctioneer agrees with that view, the Auctioneer will rescind the sale and refund the Buyer any amount paid to the Auctioneer in respect of that Lot.
10. (a) Unless otherwise instructed in writing any Lot on the Auctioneer's premises and in their custody will be insured at the Auctioneers current mid estimate of its value against the risk of fire, burglary, water damage and accidental breakage or damage for which insurance the Seller shall pay a premium of 1.75% of the hammer price. Should an item be subject to a claim following it's sale by auction the settlement figure will be the price achieved less charges and should the item be subject to a claim following an auction where it has been unsold then the highest bid, if any, shall be the settlement figure.
(b) The Auctioneer it's servants or agents shall not be responsible for loss or damage of any kind to Lots whether caused by the negligence or otherwise unless such a Lot is covered by insurance effected by the Auctioneer in accordance with 10 (a) above.
(c) Any liability of the Auctioneer its servants or agents for any claim for loss or damage whatsoever and howsoever arising in respect of the Lots whether caused by negligence or otherwise shall be limited to the amount of insurance cover affected in accordance with Clause 10(a) above.
11. Commission: A commission rate of 15% is payable by the vendor on the hammer price of all lots up to £1000 and a commission of 10% is payable thereafter.
Insurance: The rate payable by the vendor is 1.75% of the hammer price plus VAT. Insurance cover is provided at mid auction estimate. In the event of a claim settlement settlement will be made at this level less normal charges as if the lot had actually sold for the mid estimate price.
Lottage charge: There is a lottage charge of : £15.00 on every lot sold, there are no unsold lot charges.
VAT: Commission, illustrations and any other miscellaneous charges are subject to VAT for U.K. residents and those residents of EEC countries who are not registered for VAT.
11. (a) Catalogue Illustrations: A charge will be made for illustration of any lots. Illustrations will be at Rosebery’s discretion, and is normally in the region of £20 for a colour illustration in the Quarterly catalogue & £10 for a black & white illustration in the monthly Antique sale.
Internet Images: There is a high level of interest and bids generated by the internet and where relevant we endeavour to post an image of the majority of the lots in our antiques auction. The charge for posting an image on our website and/or on any other antiques related website ( which includes The Antique Trade Gazette and Invaluable ) is £10.00 plus VAT and is at our discretion.
1st Jan 2008
