Terms & Conditions

Conditions of Sale

Definitions:

In these conditions:

(a) ‘Auctioneer’ means the firm of Andover Marlborough Winchester Auctions LTD

or its authorised auctioneer

(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) “Information for sellers” means the stipulated terms and rates of commission on which Andover Marlborough Winchester Auctions LTD accept 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) The singular includes the plural and vice versa as appropriate.

2. Bidding procedures and the buyer:

(a) Bidders are required to register their details before bidding and to satisfy any security arrangements before entering the auction room to view or bid (security arrangements can be viewed in the saleroom).

(b) The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price. If a dispute has arisen regarding a bid the auctioneer has absolute discretion to settle this or re-offer the lot during the auction. 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(d) Once made, no bid may be withdrawn. 

(e) The auctioneer has absolute discretion to combine, divide or withdraw any lots from the auction, to regulate bidding or to refuse bids.

(f) Andover Marlborough Winchester Auctions LTD have the right to cancel any sale without giving reason or notice.

3. Increments:

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

4. The purchase price:

The buyer shall pay the hammer price, a buyer’s premium and other commissions as stated. There is an additional charge of £8.00 for international bank payments.

5. Value added tax:

Value Added Tax is not charged at the current time.

6. Payment:

(1) Immediately a lot is sold the buyer will:

(a) give to us, if requested, proof of identity

(b) pay to us the total amount due in cash, or credit card or debit card or in such other way as is agreed by us. We do not accept credit card transactions over the telephone (cardholder not present). Payments by credit card are limited to £250.

(2) Any payments by the buyer to us may be applied by us towards any sums owing from the buyer to us on any account whatever without regard to any directions of the buyer or their agent, whether express or implied.

(3) Telephone bidders must pay either by bank transfer prior to collection of lots or by credit/debit card on collection, cheque or cash in person prior to collection of goods.

7. Online Bidders: 

Andover Marlborough Winchester Auctions LTD accepts “live online bidding” via easyliveauction.com, the-saleroom.com, and here at AMW (absentee bids) for bidders who cannot attend the sale. 

Please note that any lots purchased via the-saleroom.com, or easyliveauction.com live auction service will be subject to additional additional charges respectively.

8. Ownership and Collection of purchases:

(1) The ownership of any lots purchased shall not pass to the buyer until they have made payment in full to us of the total amount due.

(2) The buyer shall at their own risk and expense take away any lots that they have purchased and paid for not later than seven working days following the day of the auction or upon the clearance of any cheque used for payment after which they shall be responsible for any removal, storage and insurance charges. After seven working days, the buyer may be liable for a charge of £5 per day.

(3) No purchase can be claimed or removed until it has been paid for.

(4) If it becomes apparent that an item has been sold without good title or without authorisation then the buyer agrees to return the item promptly subject to being reimbursed any purchase costs and any reasonable expenses incurred in returning the item. If the buyer fails to return the item, then if applicable the seller agrees to accept the hammer price achieved as recompense for the sale of the item.

9. 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 the buyer for damages for breach of contract

(b) To rescind the sale of that lot and/or any other lots sold by us to the buyer

(c) To resell the lot (by auction or private treaty) in which case the buyer may 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 the buyer’s expense. In the case of storage this may be either at our premises or elsewhere

(e) To retain that or any other lot sold to the buyer until the total amount due has been paid

(f) To reject or ignore bids from the buyer or their agent at future auctions or to impose conditions before any such bids shall be accepted

(g) To apply any proceeds of sale of other lots due or in future becoming due to the buyer towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of the buyer’s 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.

10. 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, personal injury or loss except when caused by our negligence.

11. Commission bids:

Whilst prospective buyers are strongly advised to attend the auction, and are always responsible for any decision to bid for a 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 carry out such bids. 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.

12. Warranty of title and availability:

The seller warrants to the auctioneer and the buyer 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. See 7(4) above.

13. Agency:

The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.

14. Terms of sale:

The seller acknowledges that lots are sold subject to the stipulations of these conditions in their entirety and on the ‘Information for sellers’ as notified to the consignor at the time of the entry of the lot.

15. Descriptions and condition:

(1) Whilst we seek to describe lots accurately, it is impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunity to view and inspect items 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 (See 15) and applies save as provided for in ‘information to buyers’.

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

16. Forgeries:

Notwithstanding the preceding condition (See 14 (1)), any lot which proves to be a deliberate forgery (as defined) may be returned to us by the buyer 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 the buyer for the lot including any buyer’s premium. The seller and the buyer agree to be bound by the decisions made by Andover, Marlborough, Winchester Auctions LTD. In the event of a dispute, the matter will be settled by arbitration and the buyer and the seller agree to be bound by the decision.

17. Compensation:

(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.

(3) Compensation will be paid to the seller for any damaged or lost items equivalent to the lower estimate of value (less any commission charges and other normal selling expenses) as agreed on entering the item for sale or as subsequently set by the valuer. In the event of dispute then the level of compensation payable will be referred to an independent expert for resolution.

18. Artist Resale Rights

According to the European Union’s Artist’s Resale Rights Directive, which has been adopted by the United Kingdom, living artists and artists who died within 70 years prior to the date of the sale are entitled to receive a resale royalty each time their art work is sold by an art market professional in the European Union or United Kingdom, subject to certain conditions. Andover Marlborough Winchester Auctions LTD will collect the resale royalty due to the artists or their estates from buyers of lots with a hammer price (excluding buyer’s premium and excluding VAT) in excess of €1000. Any purchaser of a lot to which Artist’s Resale Right applies will be charged the amount of the resale royalty, which will be added to the invoice. VAT is not payable on any royalty. The rate payable for items 0 to 50,000 is 4%. Contact the Auction Rooms for further rates.

General conditions:

19. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.

20. Any notice directed 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.

21. Special terms may be used in catalogue descriptions. Any descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.

22. Any indulgence extended to bidders, buyers or sellers by us notwithstanding the strict terms of these conditions or of the “Information for buyers’ 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.

23. Any accidental damage caused by persons attending any premises used by Andover Marlborough Winchester Auctions LTD will be paid for by that person. The auction rooms reserve the right to forward the details of that person to the seller should they refuse to make payment. This also applies to the accidental damage of property owned by Andover Marlborough Winchester Auction Rooms LTD.

24. English law applies to the interpretation of these conditions.

Information for Buyers

1. Introduction:

The following notes are intended to assist buyers. All sales are conducted in accordance with our ‘Conditions of sale’. 

2. Agency:

As auctioneers, we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly, when buying, the buyer’s 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 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 20% on the hammer price of each lot purchased. If you are buying at a specialist auction, the fee is 25%. The online bidding fee will apply for any purchases made online. There is an additional charge of £8.00 for international bank payments.

5. VAT:

The buyer shall pay the hammer price and a premium based on this hammer price. VAT is not applicable.

6. Agents:

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. 

7. Electrical goods:

These are not accepted for sale unless they have been rendered incapable of use or have been rewired by a qualified electrician and the appropriate certification supplied.

8. Export of goods:

Buyers intending to export goods are responsible for ascertaining (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. 

9. Bidding:

When attending the saleroom, bidders will be required to register before the sale commences. Identification may be required. Lots will be invoiced to the name and address on the registration form. Bids will be accepted by paddle number (bid number) only.

10. Commission, telephone and online bidding:

(a) 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. Commission bids must be received prior to the start of the sale and will not be accepted once the sale has started. This service is free of charge and provided at the buyer’s risk.

(b) Telephone bids can be booked enabling a buyer to bid live over the telephone with a member of staff liaising with the auctioneer. This service is free of charge and available for lots with a minimum guide price of £50. This is subject to sufficient lines being available. As the number of telephone lines are limited, telephone bids must be booked at least 24 hours in advance of sale day. This service is provided at the buyer’s risk. Telephone bidders will be required to register on the amw.auction website, or to provide 2 forms of identification prior to bid acceptance to verify identity.

11. Online Bidders: 

Andover Marlborough Winchester Auctions LTD offers an online bidding service via easyliveauction.com and the-saleroom.com for bidders who cannot attend the sale. 

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 4.95% commission charge plus VAT at the rate imposed on the hammer price.

12. Methods of payment:

Payment can be made by cash, debit card, credit card and bank transfer. Cheques can be accepted only if agreed with us. Any cheques tendered will need to be cleared before removal of the goods is permitted. Telephone bidders must pay either by bank transfer prior to collection of lots or by credit/debit card, or cash in person prior to collection of goods.

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. Any delay may involve the buyer in paying storage charges.

14.Title/Returns:

If it becomes apparent that an item has been sold without good title or without authorisation, then the buyer will return the item promptly subject to the purchase costs and any other reasonable costs incurred in returning the item being paid by the seller and/or auctioneers.

15. Artist Resale Rights

According to the European Union’s Artist’s Resale Rights Directive, which has been adopted by the United Kingdom, living artists and artists who died within 70 years prior to the date of the sale are entitled to receive a resale royalty each time their art work is sold by an art market professional in the European Union or United Kingdom, subject to certain conditions. Andover Marlborough Winchester Auctions LTD will collect the resale royalty due to the artists or their estates from buyers of lots with a hammer price (excluding buyer’s premium and excluding VAT) in excess of €1000. Any purchaser of a lot to which Artist’s Resale Right applies will be charged the amount of the resale royalty, which will be added to the invoice. VAT is not payable on any royalty. The rate payable for items 0 to 50,000 is 4%. Contact the Auction Rooms for further rates.

Information 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

(a) Commission at most auctions is charged to sellers at 20% for single lots selling for up to £10000 and thereafter at 15%. Commission is subject to VAT. Lots are also subject to a lotting fee of £3 inclusive of VAT.

(b) In the case of a specialist sale commission will be charged at 20% inclusive of VAT. Lots will attract a lotting fee of £5 inclusive of VAT which will include a photographic fee.

(c) Andover Marlborough Winchester Auctions LTD operate under the Auctioneers Margin Scheme.

3. Removal and clearance costs.

Items for sale must be consigned to the sale room by any stated deadline and at your expense. We can recommend individuals or companies who are able to collect and deliver items, and to carry out clearances at your request. Andover Marlborough Winchester Auctions LTD are not responsible for loss or damage to goods and for damage to premises caused by any contractor who should hold their own insurance for such risks.

4. Loss and damage.

(a) We are not regulated by the FSA for the provision of insurance to clients. However, we for our own protection, insure goods against the risk of fire, burglary and water damage. For most auctions, we make a charge of 1.5% of the hammer price plus VAT. In the case of a specialist auction this will be 2% plus VAT. Compensation will be paid to the seller for any damaged or lost items equivalent to the hammer price (less any commission charges and other normal selling expenses) as agreed on entering the item for sale or as subsequently set by the valuer. In the event of loss or damage prior to the sale this will be based on the reserve, or in the case of there being no reserve or the item being unsold, the lower estimate will be used. In the event of dispute then the level of compensation payable will be referred to an independent expert for resolution.

(b) We are not responsible for the loss or damage of an item, which upon the seller’s instructions, is not insured.

(c) We are not responsible for accidental loss or damage unless caused by the negligence of an employee.

(d) Andover Marlborough Winchester Auctions LTD reserves the right to settle any legitimate claim by their own methods and not necessarily through their insurers.

5. Minimum bids and our discretion.

Goods may be offered subject to a reserve agreed between us before the sale in accordance with clause 7. We assume you give us a “discretion” that we may accept a bid of up to 10% below the formal reserve, unless you tell us otherwise when the reserve is agreed.

6. Reserves.

(a) All goods are put up for sale without reserve unless written instructions as to reserve are received by Andover Marlborough Winchester Auctions LTD prior to the start of the sale.

(b) 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 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 this “Information for sellers”).

(c) A reserve once set cannot be changed except in writing and with our consent.

(d) 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 not accepted for sale unless they have been 1) rendered incapable of use or 2) re-wired by a qualified electrician and the appropriate certification supplied. 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. 

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.

10. Unsold items.

If an item is unsold at a live auction it may be automatically placed in to a timed auction or it may be re-offered at a future sale and the estimate may be reduced. Where in our opinion an item is unsaleable, it will not be re-offered, and you must collect it from the offices 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. Change of reserve.

Should you choose to change the reserve after the catalogue has been printed, this will incur a charge of £15 per lot plus VAT.

12. Withdrawn items.

Should you choose to withdraw an item prior to the printing of the catalogue, you will be charged for any expenses that have been incurred. If you choose to withdraw an item after the catalogue has been advertised and/or printed you will be charged for lotting and the illustration cost (if applicable), the insurance costs and any other expenses relating to the item. You will also incur the seller’s commission and the buyer’s premium calculated on our published high estimate plus VAT.

13. Conditions of Sale.

You agree that all goods will be sold on our Conditions of Sale. 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 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.

15. The copyright in respect of photographs shall be the property of us, the auctioneers, as is the text of the catalogue.

16. Settlement.

(a) After sale settlement of the net sum due to you normally takes place within three weeks of the sale (by cheque made out to the seller or by bank transfer into the account nominated by 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.

(b) 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.