Seller Terms and Conditions
Premiums Sellers 15%+ Vat
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”
refer to the Auctioneers.
2. Commission
for auctions is charged to sellers at 15%. All charges
are subject to VAT.
3. Removal and clearance
costs. Items for sale must be consigned to
the sale room by any stated deadline and at your
expense. We are able to collect and deliver items and
carry out clearance at your request. There is a charge
for the services that has to be agreed before collection
or delivery is made. In addition, if there are tipping
costs these will be charged at cost.
4. Loss and damage
warranty. We are not regulated by the FSA for
the provision of insurance to clients. However, we for
our own protection assume liability for property
consigned to us at the lower pre-sale estimate up to a
value of £500. Items over this value must be kept on the
vendors own insurance until the fall of the hammer. To
justify accepting liability, we make a charge of 1.5% of
the hammer price plus VAT. If the owner of the goods
consigned instructs us in writing not to insure them,
they then remain at owner’s risk until the property
passes to the buyer or they are collected back by the
owner.
5. Illustrations.
All items will be illustrated for the online catalogue
and this will be included within the fees. The copyright
in respect of such illustrations shall be the property
of us, the auctioneers, as is the text in the catalogue.
6. Minimum bids and our
discretion. Goods will normally be offered
subject to a reserve agreed between us before the sale
in accordance with clause 7. We may sell lots below the
reserve provided we account to you the same sale
proceeds as you would have received had the reserve been
the hammer price. By default, we assume you give us a
“discretion” that we may accept a bid of up to 15% below
the formal reserve, unless you tell us otherwise when
the reserve is agreed.
7. Reserves.
A). you are entitled to place prior to the auction a
reserve on any lot consigned, being the minimum hammer
price at which that lot may be sold. Reserves must be
reasonable and we may decline to offer any 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 term of
consignment) B). a reserve once set cannot
be changed except without consent C). where
a reserve has been placed only we may bid on your behalf
and only up to the reserve (if any) and in no
circumstances is the seller permitted to bid personally.
8. Electrical items.
These are subject to detailed statutory safety
regulations. 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 vintage/antique) will not be
accepted for sale. They must be removed at your expense
on you being notified. We reserve the right to dispose
of unsafe goods as refuse, at your expense.
9. Soft furnishings.
The sale of soft furnishings is strictly regulated by
statute law in the interest of fire safety. Goods found
to infringe safety regulations will not be offered for
sale and must be removed at your expense. We reserve the
right to dispose of unsafe goods as refuse.
10. 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 the 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 terms of consignment 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 ought to have been aware of it.
11. Unsold items. If an item is
unsold it may be re-offered at a future sale at a reduce
reserve. Lots with £50 or less reserve will be
re-entered without reserve. Any unsold uncollected lots
will be disposed of at your expense.
12. Withdrawn and bought in
items, or where a reserve is changed. Any expense
incurred prior to the printing of the catalogue will be
charged to the client. After the catalogue has been
printed these items incur charges comprising of the
vendor’s commission, the buyer’s premium, the
illustration cost, the insurance costs and other
expenses relating to the item. These are calculated on
Clarke’s auctions published high estimate, plus VAT.
There is a minimum charge for withdrawal or reserve
change of £15 per lot plus VAT.
13. Condition 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.
14. 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 at our
discretion to negotiate a sale by private treaty in the
case of unsold lots at auction, in which case the same
charges will be payable as if such lots have been sold
at auction and so far as appropriate, these term apply.
15. Settlement. After the sale,
settlement of the net sum due normally takes place 20
working days after the sale (by bank transfer) 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
clause 10 above. You should therefore bear this
potential liability in mind before parting with the
proceeds of the sale until the expiry of 28 days from
the date of the sale.