Sellers 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.