1. DEFINITIONSIn these Conditions:
2. BIDDING PROCEDURES AND THE BUYER
3. INCREMENTSBidding increments shall be at the auctioneer's sole discretion.
4. THE PURCHASE PRICEThe buyer shall pay the hammer price together with a premium thereon of 15% plus VAT on the premium at the rate imposed by law. All lots bought through www.the-saleroom.com will attract an additional buyer's premium of 3% plus VAT.
5. VALUE ADDED TAXValue Added Tax on the hammer price as imposed by law on all item affixed with an asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of the sale and is payable by buyers of relevant lots.
7. TITLE & COLLECTION OF PURCHASES
8. REMEDIES FOR NON PAYMENT OR FAILURE TO COLLECT PURCHASESIf 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 shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise all or any of the following rights and remedies:
9. THIRD PARTY LIABILITYAll 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 or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property or persons visiting prior to or at a sale.
10. COMMISSION BIDSWhile prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular 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 neglect or default in so doing or failing to do so. 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. Please note that all lots bought through www.the-saleroom.com will attract an additional buyer's premium of 3% plus VAT.
11. WARRANT OF TITLE & AVAILABILITYThe seller warrants to the auctioneer and to you 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 encumbrance and any third party claims.
12. AGENCYThe auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. TERMS OF SALEThe seller acknowledges that Lots are sold subject to the stipulation of these Conditions in their entirety and on the Terms of Consignments as notified to the consignor at the time of the entry of the Lot.
14. STANDARD VENDOR CHARGES
15. DROIT de SUITE(ARR) indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the UK on 14th February 2006. In accordance with legislation we are required to collect a Royalty for all qualifying works of art. This legislation was updated in January 2012 to include living artists and artists who have died in the last seventy years. This Royalty will be charged to the Buyer on the hammer price and in addition to the buyer's premium / commission rate. The Royalty rate only applies to works of art where the hammer price exceeds 1,000 (Euros). The rate is applied at 4% on works selling for 1,000 and up to 50,000. This means that if you purchase a lot which includes a work of art by a qualifying artist and it sells for over 1,000 Euros and below 50,000 Euros then you are required to pay the surcharge of 4% of the hammer price to The Design and Artists Copyright Society (DACS). Browns will detail this DACS payment on your invoice and the ARR will be paid across to DACS. A sliding scale applies to works of art selling for over 50,000 Euros. Royalties in their entirety are paid to the Design and Artists Copyright Society (DACS) and no handling fees or costs are retained by the Auctioneer. Resale Royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the Sale. Royalties are not subject to VAT charges. If you have further queries then please contact the DACS helpline on 0845 410 3410 or alternatively email firstname.lastname@example.org or visit www.dacs.org.uk
16. DESCRIPTIONS & CONDITION
17. FORGERIESNotwithstanding the proceeding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 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 for the Lot including any buyer's premium (but not the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of the sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
18. GENERALWe shall have the right at our discretion to refuse admission to our premises or attendance at our auctions by any person.
19.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.
20.Any indemnity or exclusion under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and the auctioneer declares itself to be a trustee of the benefit of every such clause so far as it is expressed to be for the benefit of its employees and agents.
21.Any notice to the 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.
22.Special terms may be used in catalogue descriptions or particular classes of items in which case the description must be interpreted in accordance with any glossary appearing within the catalogue.
23.Any indulgence extended to buyer or sellers by us notwithstanding the strict terms of these conditions or of the Terms of Consignment shall effect 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.
24.Scottish law applies to the interpretation of these Conditions.