IMPORTANT NOTES FOR BUYERS
We will be pleased to execute bids on behalf of intending buyers, and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted to the Commissions Department at least half an hour before the Salecommences. Bids left by telephone or electronically will be accepted only on the condition that they are at the sender’s risk.
Mailboxes – email@example.com - can offer a full packing and shipping service and aim to collect weekly from us during the weeks following a sale in order to combine collections and provide a competitive quote.
As a courtesy to our clients, we are happy to provide a postage & packing service for individual, small, lightweight items only upto 5kg, to be sent via Royal Mail Special Delivery, Standard Parcel or Parcelforce 48 where appropriate, all costs applicable to be met by the Buyer. As we do not have shipping department, purchasers must be aware that this could take up to 14 days.
International buyers must check, prior to the purchase of any item, the possibility of shipping.
Postage is charged at cost, but will attract a packing fee of around £10 per parcel to cover materials and time. These costs can be established prior to settlement of the account, to make one easy payment. Payments made by credit card must be shipping to the registered address.
Boulton & Cooper are unable to assist in the shipping of lots deemed too large/heavy, too delicate including ceramic/glass or glazed items or requiring extensive packing or special export permission etc. And that we do not pack or post any edged weapons or firearms of any type.
Please ensure if you intend to bid on this type of item that you are able to arrange collection or are able to instruct Mailboxes to collect on your behalf.
In the special circumstances of a request to bid by telephone during the sale, the undertaking is entirely at the risk of the intending telephone bidder. The Auctioneer or his staff may be unable to contact the intending bidder at the desired time and such requests therefore will be entirely at the bidder’s risk.
Any estimates printed in this catalogue are intended as a guide for prospective purchasers. Any bid between the listed figures, would, in our opinion, offer a fair chance of success. However, all lots depending on the degree of competition can realise prices either above or below the listed estimates. It is always advisable to consult us nearer the time of sale as estimates can be subject to revision.
Your attention is drawn to the following Notice and Condition of Sale
Third Party Liability. Every person on Boulton & Cooper’s premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against Boulton & Cooper in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be cause by the direct negligence of Boulton & Cooper’s employees.
STANDARD CONDITION OF SALE
1. Definitions. In these Conditions Boulton & Cooper Limited, who act only as auctioneers and agents for the vendor, are called “The Auctioneers”, and the representative of Boulton & Cooper conducting the auction is called “The Auctioneer”.
2. General. Whilst The Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any lot:
(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are note themselves responsible for such claims.
(c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by The Auctioneers, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(d) Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of the sale.
3. The Auction.
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from any sale, to refuse bids, regulate bidding or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
(c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any person (who may be the Auctioneer).
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statement modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
4. Rescission. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale. The Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to The Auctioneers in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies The Auctioneers that considering in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institute of Chartered Surveyors. Both the buyer and the vendor agree to be bound by the decision.
5. Default. The Auctioneers disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
6. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.
7. Inspection. Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions the physical condition of description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
8. Property and Risk. Legal title will not pass to the buyer until the lot(s) has been paid for in full and The Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 11. below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by The Auctioneer shall forthwith pay to The Auctioneers such proportion of the purchase price as The Auctioneer may require. If the buyer fails to do so, the lot may at The Auctioneer’s sole discretion be put up again and resold.
9. Every bidder shall be deemed to act as principal unless there is in force written acknowledgement by The Auctioneers that he acts as agent on behalf of a named principal.
10. Removal of Goods.
(a) No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by the end of the second working day after the sale, failing which The Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at risk of the buyer and subject to a minimum warehousing charge of 25p per lot per day. If they are not paid for and removed within seven days of the sale The Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of The Auctioneer is respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
(b) In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or The Auctioneers from the defaulter shall include any loss arising on any resale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above Midland Bank plc Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by The Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder’s own cheque. Cheques drawn by third parties whether in The Auctioneer’s favour or requiring endorsement cannot be accepted.
11. Purchase Price. The purchaser shall pay the hammer price together with a premium of 15% plus V.A.T. This premium is payable by all purchasers. The amount invoiced in respect of the premium will be inclusive of V.A.T. but this V.A.T. will not normally be recoverable by the buyer. The vendor authorises The Auctioneer’s right to retain the premium payable by the purchaser.
12. Rights to Photographs and Illustrations. The buyer gives Boulton & Cooper Limited full and absolute right to use such photographs and illustrations of lots sold at auction at any time at its absolute discretion (whether or not in connection with the auction).
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