Standard Terms and Conditions of sale
Standard Terms and Conditions of sale
1. In these conditions:
- Anthemion Auctions act as auctioneers and agents for the vendors and are referred to as “the Auctioneers” and any such reference shall include all employees and agents or representatives this reference shall mean either gender singularly shall include the plural or vice versa. The clause headings are for general guidance and do not form part of the interpretation of the conditions.
- “Hammer Price” means the price at which a lot is knocked down by the Auctioneer to the buyer.
- “Catalogue” includes any advertisement, brochure, estimate, price list and any other publication.
- “Net Proceeds” means the net amount due to the Vendor being the hammer price of the lot sold less the commission at the prevailing rates plus VAT together with expenses and any other amounts due the Auctioneers by the Vendor in whatever capacity and howsoever arising.
- “Buyer” shall mean the highest bidder as outlined in section 4.
- “Vendor” shall mean the individual, company or other body on whose behalf the Auctioneer acts as agent in the sale of the items.
17.5% of the hammer price for individual lots, unless shown otherwise on the auction contract.
A minimum charge of £10.00 per lot will be applied if a lot is sold, unsold or withdrawn.
Unless Anthemion Auctions has been instructed to the contrary in writing all goods in Anthemion Auctions custody will be held insured against the risk of fire, burglary, water damage and accidental breakage or damage. The Auctioneers and insurers shall not be responsible for damage to picture frames or picture frame glass or damage arising therefrom caused by woodworm or atmospheric conditions.
Unsold lots will be charged at £10.00 and will be reofferred for sale at the Auctioneer’s discretion, unless Anthemion Auctions has requested the vendor to collect the lot. A charge equal to 17.5% of the reserve for that lot will be made if a reserve has been imposed by the vendor that Anthemion Auctions believes to be excessive and has notified the vendor of this belief prior to the auction.
On lots withdrawn prior to the sale, a fee of 17.5% of the reserve (or, where no reserve has been stated, 17.5% of the lower auction estimate as printed in the catalogue) or the minimum charge, whichever is the greater. The vendor will also be liable to any other charges incurred in the processing of this lot.
These will be charged at £50.00 for a Black and White photograph, £100.00 for a colour photograph or as otherwise agreed. Internet illustrations are charged at £5.00 per lot.
VAT on the charges:
Value Added Tax is applicable at the appropriate rate on all charges and fees. The above rates are net of VAT.
With reference to any publication detailing descriptions of lots all statements whether printed or made orally are statements of opinion only and are not to be taken as statements of fact unless instructed by the vendor in writing to so certify. As such the Auctioneers do so act as agents and cannot be held responsible for such claims. All buyers or their agents shall acknowledge responsibility to examine these conditions and terms, description of the lots and also satisfy themselves as to condition, damages and restorations before the sale.
Unless stated otherwise on this form, the vendor warrants to Anthemion Auctions that he/she possesses a marketable title free from encumbrances in all goods which he/she instructs Anthemion Auctions to sell. Unless Anthemion Auctions have been advised otherwise in writing prior to the items being consigned for sale, the vendor is deemed to instruct Anthemion Auctions as an individual on his/her own behalf. The vendor indemnifies Anthemion Auctions fully in all respects in connection with any claims which may be received in relation to the title of any items consigned for sale.
4. The Auction:
The Auctioneers may at their absolute discretion, divide any lot, combine any lots, withdraw any lots, refuse bids, regulate bids and cancel any sale at any time without reason or notice.
The Auctioneers may bid for any goods on behalf of the vendor, which are offered subject to reserve or auctioneers discretion.
The Auctioneers’ decision shall be deemed to be final in all cases of dispute and any statement made by him concerning any change of description or other matter regarding any lot shall take precedence over previous published statements or descriptions.
In general the highest bidder shall be the buyer at the hammer price however in the case of a dispute, the above clause shall be enforced.
5. Default by the Purchaser:
The Auctioneers act as agents to the vendor and will not pay out the net proceeds to the vendor until full settlement is made by the buyer.
6. Storage and carriage:
The Auctioneers shall undertake to arrange suitable carriage for the vendor’s items if required and any charges shall be deducted from the vendor’s proceeds. This may include storage and insurance. Risk in the items will therefore remain with the Auctioneer until such time as the goods are sold to the buyer.
All goods are sold without reserve unless written instructions are received by the Auctioneers prior to the commencement of the relevant auction.
The vendor shall indemnify Anthemion Auctions against all or any claims in respect of any goods sold by Anthemion Auctions on the vendor’s behalf.
9. Value Added Tax:
Any vendor who instructs Anthemion Auctions to sell any items which forms an asset of their business shall supply relevant details with respect to their VAT status within the EU and whether they intend to operate under “the special scheme”. All details to be supplied in writing at the time of entering the goods for sale and failure to supply that information and any subsequent penalties shall be the sole responsibility of the vendor.
10. Vendor Authorisation:
The vendor permits commission and all other charges at the published rates and any Government taxes thereon to be deducted from the proceeds and the vendor also accepts the retention of any premium payable on the purchases by the buyer to be retained by Anthemion Auctions.
11. Photographs and illustrations:
Vendors and buyers of all or any lots give Anthemion Auctions absolute discretion to use in any publication or promotional matter any photographs and illustrations whether supplied by the client or commissioned by the Auctioneer for any purposes whatsoever whether in connection with the sale or not, except where the vendor has informed Anthemion Auctions in writing to the contrary, the vendor represents and warrants that no lot is subject to any copyright restrictions.
12. Bidder’s Agents:
All bidders shall supply to Anthemion Auctions full details of name and permanent address and if required formal identification. Any bidder shall be deemed to act as a principal and shall be responsible for all accounts unless Anthemion Auctions receive in writing instructions that they are acting for the named principal.
13. Purchase Price:
The Buyer shall pay the Hammer Price plus a premium of 17.5% on all lots this premium shall be subject to VAT and any VAT on the Hammer Price as indicated in the catalogue or notices displayed or to announcements made verbally by the Auctioneer prior to the commencement of the auction. Any requests to refund VAT on the premium should be made in writing to Anthemion Auctions and shall be assessed on the individual basis.
14. Settlement of Accounts and Removal of Goods:
All accounts to be settled in full within five working days and all items to be removed within five working days, failing which, Anthemion Auctions shall not be held responsible if the lots are stolen, lost, damaged or destroyed and any lots remaining with the Auctioneers shall remain at the risk of the Buyer.
Any account not settled by the end of business on the fifth day after the sale shall be subject to a minimum storage charge of £5.00 per item per lot per day (plus VAT at the appropriate rate).
All accounts to be settled by cash or cheques with appropriate guarantee cards, credit or debit cards, or direct bank transfer to the Anthemion Auctions bank account. (For details contact the main office). Third party cheques are not accepted under any circumstances.
All goods sold shall be removed from the premises within seven working days of the sale date otherwise they shall be removed to commercial storage premises entirely at the Buyers risk and expense and any charges made by that company shall be paid direct to that company before release of the relevant items and subject to all associated accounts with the Auctioneers having been settled in full.
The Auctioneer may take a lien over the lots purchased by the defaulting Buyer and any other items in the Auctioneers’ possession belonging to that purchaser and if necessary resell by public auction or otherwise these items to defray any charges or accounts outstanding.
The defaulting Buyer shall be responsible for any losses occurring from the resale of any lots.
If the Buyer fails to comply with the terms and conditions the Auctioneer has the right to refuse to accept bids in any future sale whether from the principal or their agent and that they may require a cash sum to be deposited with the auctioneer prior to any bids being made by that principal or their agent and that sum shall be decided by the Auctioneers.
15. Payment by Bank Transfer
Our prefered remote payment method is by bank transfer, please find below the details
23 Market Place
For and on behalf of Anthemion Auctions No.2 Account.
IBAN NO. GB58MIDL40180511207849
BIC No. MIDLGB2126R
16. Payment by Debit and Credit Card
Anthemion Auctions are able to accept payments by Visa, Switch or Delta debit cards and by Mastercard or Visa credit cards in settlement of clients’ accounts in person with a valid PIN number only, we do not accept remote payments by cards, only in person. No charge will be made in respect of payments made by Visa, Switch or Delta debit cards. However a surcharge equal to 2.5% (inclusive of VAT at the appropriate rate of the amount payable will be levied in respect of payments by Mastercard or Visa credit cards. We regret that we are not able to accept payment by other credit or charge cards.
17. Third Party Liability:
Any person in the premises of Anthemion Auctions shall be there at their own risk and that they shall have no claim against the Auctioneers, their employees or agents in respect of any incident, accident, loss or damage however caused, unless that injury, accident, or incident shall be as a result of the direct negligence of any employee of Anthemion Auction.
We accept the following methods of payment
- Cheque (Supported by a valid payment card) if in excess of the payment card, the cheque must clear before the items are removed.
- Bankers Draft
- Debit Card (Maestro, Delta, Switch etc..)
- Credit Card (Visa, MasterCard etc., but not American Express or Diners Club.)
There is a surcharge of 2.5% for the use of credit cards. No charge is made for debit cards. All cheques should be made payable to “Anthemion Auctions”.
All invoices not paid within seven days of the auction are subject to an interest charge.
Collection of Goods
Goods will not be released to buyers until cleared funds are received in full. Goods left at the auction house five days after the sale will be taken into storage and after 5 days will be charged at £5.00 per lot per day.
Packing and despatch
We are a very small team and are unable to post and pack items, however we recommend the local franchise company of Mailboxes cardiff, please contact them for details, Mailboxes Cardiff Website
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