CONDITIONS OF SALE
The Auctioneer acts only as agent for the Seller (unless otherwise specifically declared). Lots sold are likely to have been subject to wear and tear caused by user or the effects of age and may therefore have faults and imperfections. Buyers are given ample opportunity at viewing times to examine lots to be sold and will be assumed to have done so. They must rely solely on their own skill or judgement as to whether lots are fit for any particular purpose.
1. Bids
All bids made shall be treated as offers made upon these Conditions of Sale and all persons present and approved to bid are admitted to a sale on the basis that they have notice of these Conditions.
2. Ascertainment of the Buyer
The Buyer shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. No bid may be retracted. In the case of a dispute the Auctioneer may either declare the purchaser or put the lot up again.
3. Auctioneer’s discretion
The Auctioneer has sole discretion, (a) to refuse any bid, (b) to advance the bidding as he may decide, (c) to withdraw or divide any lot or combine one lot with another or others, (d) to exclude any person from the auction rooms, and (e) to require pre-payment in full.
4. Reserves and Seller’s right to bid
Lots put up for sale are subject, (a) to any reserve price imposed by the Seller, (b) the right of the Auctioneer to bid on behalf of the Seller, and (c) where no reserve has been imposed (but in no other case) for the Seller to bid personally or through any one agent. It is the responsibility of the Seller to ensure any reserves are received by the Auctioneer.
5. Buyer’s Duties
The Buyer shall forthwith or as soon as possible after the sale, (a) supply his name and address, (b) supply, if so required, bank or other suitable references, (c) pay the full purchase price in a way acceptable to the Auctioneer, notwithstanding any prior arrangement for advance payment required by the Auctioneer, and (d) on proof of payment clear the lots purchased by the times specified. Lots may not be cleared during the sale except by permission of the Auctioneer.
6. Payments
Methods of payment include direct bank transfer, debit card, credit card, cash to a maximum of £8,500, Building Society cheque or Banker’s draft. Cheques will only be accepted when supported by a guarantee card. For fraud protection we no longer accept payments by credit or debit cards for ‘Customer not Present’ transactions. Card payments at the saleroom will be accepted but must be supported by Chip and PIN. Card payments for live internet bidding will only be accepted if they have been AVS and 3D Secure authorised with a maximum transaction value of £1000. All payments must be cleared before the release of goods.
6A. Anti-Money Laundering Policy
New clients spending over £5000 on an individual transaction must be verified, by supplying a current form of ID confirming their name and address to match the invoice. This must be supplied to complete the transaction before the release of goods
7. Liability of the Auctioneer and Sellers
Subject to Condition 8: (a) faults and imperfections (if any) are not stated in the catalogue and neither the Seller nor the Auctioneer is responsible for any defects whatsoever, (b) no warranty is given or authorised to be given by the Seller or the Auctioneer with regard to any lot other than the Seller’s right to sell it, (c) any express or implied conditions or warranties relating to description or quality, are hereby excluded.
8. Catalogue Descriptions
Descriptive statements contained in the advertisements or catalogues or made up by the Auctioneer or any member of his staff should be taken as matters of opinion only and shall not be taken as statement of fact.
i) Items in the catalogue are sold as seen. Where possible significant damage is mentioned, but this does not include all faults and imperfections. The absence of such reference does not imply that the lot is in good condition or free from restoration or repair. Condition reports are available upon request
ii) ’Inscribed’ or ‘Signed’ does not imply that the lot is wholly or partly by that maker
9. Forgeries
Notwithstanding Conditions 6 and 7, if the Auctioneer receives notice in writing from the Buyer WITHIN 7 DAYS OF THE SALE that in his opinion a lot is a forgery (as defined in Condition 12) and on giving such notification the lot in question is returned to the Auctioneer at his working premises in the same condition as when bought, then if on considering such evidence as the Buyer supplies to prove his assertion, the Auctioneer decides that the lot is a forgery the sale of the lot will be rescinded and the purchase price repaid to the Buyer.
10. Property in lots and risk
The Buyer shall not become the owner of any lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price in full together with any other charges due, but after the fall of the hammer the risk of damage or loss shall nevertheless be the Buyer’s.
11. The Premium
The Buyer shall pay to the Auctioneer a premium of 20% of the hammer price together with VAT.
12. Default by Buyer
If the Buyer fails to make payment in a way acceptable to the Auctioneer or to remove any lot or lots bought by him within 7 days of the auction or in any other material respect fail to comply with these conditions, the Auctioneer shall have the right, (a) to resell the lot or lots by public auction or otherwise without notice to the Buyer, and if any deficiency arises on such resale, after deducting the Auctioneer’s full costs and expenses, the Buyer shall be responsible to the Auctioneer therefore (but any net surplus to be the Seller’s) or, alternatively, (b) to store the lot at the Auctioneer’s premises or elsewhere and to release the lot to the Buyer only after payment in full of the purchase price together with any other charges due. The Auctioneer reserves the right to charge storage of 50p per lot per day on any lot or lots uncleared by the time specified together with any removal expenses. In addition, interest will be charged at 2.5% per month or part thereof (34.4% APR) on any accounts that remain unpaid in part or full 1 week after the sale. Interest and storage will be charged from the date of sale. In addition, the Buyer shall be liable for all legal and court costs incurred by the Auctioneers in pursuit of payment from the Buyer. The Auctioneer reserves the right to refuse any cheques and will not release lots purchased until evidence has been received that any cheque accepted has been cleared.
13. Release of Goods
Payment and clearance should be made within seven days after the sale. Goods will not be released until full payment has been cleared and a paid invoice produced. For clients arranging courier or third-party collection: written instruction must be received by the purchaser; identification will be requested from the courier and their vehicle’s registration number taken.
14. Definitions and interpretation
In these conditions: (a) Reference to the ‘the Auctioneer’ shall be taken to mean the firm of John Rolfe Auctions or any director, partner or employee thereof at the time of sale; (b) Buyers shall be deemed to be the principals unless to the prior knowledge of the Auctioneer they are acting as agent on behalf of a named principal; (c) ‘Forgery’ means a lot (i) which is so constituted as deliberately to deceive when considered in the light of its catalogue description, and (ii) whose value as such is materially less that if it had complied with the catalogue description; (d) The Interpretation Act 1978 shall apply to the general construction of terms and expressions used in these Conditions as if contained in a statute.
15. Law and Jurisdiction
These Conditions of sale are subject to English law, which shall apply to their construction as well as their effect. The Seller and Buyer agree to submit to the exclusive jurisdiction of the English courts.
16. CITES Restrictions
Any lots containing any amount of Brazilian rosewood and endangered species may be subject to restrictions when exporting outside of the EU. It will be the buyer’s responsibility to make sure that the relevant paperwork is in place before shipping.
Some lots are sold with CITES article 10 certificates, allowing the commercial use of an item containing an endangered species. Lots subject to this are marked in the catalogue
Import/Export
It is the buyer’s responsibility to obtain the correct import/export licenses and CITES licenses for items which they have purchased. John Rolfe Auctions take no responsibility for the export of goods.
17. Gemstones
Many gemstones have been treated in various ways to enhance their appearance. For example, sapphires and rubies are routinely heat treated and emerald treated with oils and resins. Some stones may require re-treating or oiling periodically. Enhancement affects market value, and all John Rolfe Auctions estimates assume that gemstones may have been enhanced.
18. Artists Resale Rights (or Droit de Suite)
On certain lots marked in the catalogues and which are sold for a hammer price of 1000 Euros or greater (converted into the currency of the sale using The Design and Artists Copyright Society threshold calculator on the date of the Sale) the Additional Premium will be the percentage of the amount of the Hammer Price calculated as follows:
0-50,000 Euros 4%
50,000.01 to 200,000 3%
200,000.01 to 350,000 1%
350,000.01 to 500,000 0.5%
Exceeding 500,000 0.25%
TERMS OF CONSIGNMENT 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 - We will charge you a Commission on the sale of the goods calculated as a percentage of the hammer price at 15% plus VAT with a minimum charge of £5.00 plus VAT per lot. Additionally, we will charge you a lotting charge of £5.00 plus VAT per lot.
3. Removal Costs - Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist with this process, but any liability incurred to a carrier for haulage charges is solely your responsibility
4. Reserves - (a) Reserves must be reasonable and may not exceed our lower pre-sale estimate for that Lot. (b) We may decline to offer goods which, in our opinion, would be subject to an unreasonably high reserve (in which case the goods carry the storage and insurance charges set out in these Terms of Consignment). (c) Once we have agreed a reserve, this cannot be changed except with your and our consent. (d) Where a reserve has been agreed, only we may bid on your behalf and only up to one bid below the reserve (if any) and you may in no circumstances bid personally or ask anyone else to bid on your behalf.
5. Minimum bids and our discretion - Goods may be offered subject to a reserve agreed between you and us before the auction in accordance with Clause 9. We may sell goods below the reserve provided that we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a “discretion” we may accept a bid of up to 10% below the formal reserve.
6. Illustrations – All lots in every sale will be illustrated on major auction search websites, for which a fee of £10.00 plus VAT is charged per lot. Some lots will also be selected for illustration in John Rolfe Auctions Ltd printed catalogue, at no additional cost to the vendor. The copyright in respect of such illustrations shall be the property of John Rolfe Auctions Ltd as is the text in the catalogue.
7. Settlement - Provided that the Buyer has paid for the goods, we will usually pay the net sum due to you within 30 days of the day of the auction, by BACS transfer direct into the bank account you notified to us in writing. If the Buyer has not paid for the goods, we will not submit payment to you. In this case no settlement will be made. We will however discuss with you the rights that we may exercise under Clause 9 of our Terms of Sale in relation to a Buyer’s failure to pay. We will not release the goods to the Buyer until we have received payment in full of the price for the goods. You must notify us in writing if your bank account details change. We will not be responsible for any payments made to the incorrect bank account if this is because you have not provided us with the correct bank account details. If we make payments to your bank account in error, we may request reimbursement by sending you an invoice. We may deduct any sums that you owe to us from the Proceeds.
8. Warehousing - We have no liability for goods that you deliver to our saleroom without sufficient sale instructions. We reserve the right to charge you a minimum warehousing charge of £5 per Lot per day plus any applicable VAT. We will notify you to ask you to remove any of your unsold or withdrawn goods. Unsold and withdrawn goods will be subject to the charges set out above if you do not remove them within 7 days of the sale in which last offered unless alternative arrangements have been made with the Auctioneer. If you do not remove your unsold or withdrawn goods within thirty days of being offered for sale, we may either: (a) sell such goods and off set charges from any net proceeds of sale; or (b) at your expense dispose of such goods.
9. Authority to deduct Commission and expenses and retain Premium and interest - You authorise us to deduct our commission at the stated rate and all expenses incurred on your account from the hammer price, plus any applicable VAT. You consent to our right to charge the Buyer and retain beneficially the premium plus any applicable VAT paid by the Buyer in accordance with our Terms of Sale and any interest earned on the sale proceeds until the date of settlement.
10. Unsold Items - If the goods are unsold at auction, you authorise us to negotiate a sale by private treaty not later than the close of business three working days following the last day of the auction. In this case you will pay to us the same charges as if such goods had been sold at auction and, so far as appropriate, these Terms of Consignment will apply to any such sale. In addition, we may, with your consent, re-offer unsold goods at a future auction (or by private treaty thereafter). We may recommend a variation in estimates or reserve. Where, in our opinion, goods are unsaleable, we will notify you and you must collect such goods from the saleroom within three business days of the date of our notice to do so. If you fail to collect such goods promptly, we may charge you reasonable storage charges at a daily rate.
11. Withdrawn and Bought-in items - You will pay us a charge of 5% of the reserve or, in the case of a reserve not having been agreed, the lower estimate for the lot plus VAT on any goods that are withdrawn from the auction after being catalogued and/or marketed by us prior to the auction in any way.
12. Terms of Sale - You agree that the goods will be sold to the Buyer in accordance with our Terms of Sale (a copy of which will be available to view at www.johnrolfeauctions.com). In particular 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.
13. Loss and damage to Goods - (6.1) John Rolfe Auctions Ltd are not authorised by the FCA to provide insurance to its clients and does not do so. However, subject only to Clauses 6.3 and 6.4, we accept liability for goods from the time we take possession of the goods until title passes to the Buyer. (6.2) Our liability for goods is limited to our lower pre-sale estimate for the Lot before the sale, or our valuation if no estimate has been agreed, or the hammer less our commission if the Lot has sold. (6.3) The liability accepted by us in Clause 6.1 does not include any liability for loss or damage to the goods that is caused by or results from: (i) any inherent vice or defect affecting the goods; (ii) acts of God, flood, drought, earthquake, or other natural disaster; (iii) acts of terrorism, civil commotion, riots, or war; or (iv) nuclear, chemical, or biological contamination. 6.4 If you (or your agent) instruct us in writing not to assume liability for goods, the goods remain entirely at your risk unless and until the goods pass to the Buyer or are collected by you or on your behalf. In this case Clauses 6.1 - 6.3 will not apply.
14. Electrical items - Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. goods not certified as safe will either be made safe or not be accepted for sale and must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense.
15. Unsafe Goods - If in our opinion any of your goods, in particular those which are soft furnishings, infringe safety regulations we will not offer these goods for sale. You must remove such goods at your expense. If you do not collect such goods within seven days of our notice to do so, we may dispose of the goods at your expense.
16. Picture frames - Due to the fragile nature of picture frames, the Auctioneer accepts no responsibility for any damage, however caused, to picture frames whilst in our possession, either in the auction room, in store or in transit.
17. Warranties and information about the Goods – (14.1) You must provide us with all information that you have relating to the provenance, export/import history, condition, attribution, and authenticity of the goods (and any additional information that may be relevant). (14.2) In addition to any warranties implied by law, you warrant to us and the Buyer that: (14.2.1) Any information that you provide in relation to the goods is complete, correct and up to date. (14.2.2) The goods will match any description of the goods that you provide to us. (14.2.3) As far as you are aware, the main characteristics of the goods set out in the auction catalogue (as amended by any notice displayed in the saleroom or announced by us at the auction) are correct. (14.2.4) To the best of your knowledge, the goods have been lawfully imported and lawfully and permanently exported as required by the laws of any country in which the Goods were located; required declarations upon the export and import of the goods have been properly made; and any duties and taxes on the export and import of the goods have been paid; and (14.2.5) You will pay all taxes and duties potentially due on the sale of the goods. (14.3) You must let us know promptly, and in any event before the auction, if you find out that any of the information you have provided to us relating to the goods is incorrect or incomplete and/or if the goods do not match the description that you provided to us, or the main characteristics of the goods set out in the auction catalogue. (14.4) Any information that you provide in relation to the goods may form part of the contract between both of us and the Buyer and you acknowledge that the Buyer may have a statutory right to reject the goods if the information provided is incorrect. (14.5) If we have to refund the price of any goods to the Buyer due to the goods being a deliberate forgery, you must promptly, and in any event within seven days, reimburse to us any proceeds that we have transferred to you for those goods following receipt of our written notice requesting you to do so.
