Buyer`s Premium 19.5% + VAT
Lots purchased online with the-saleroom.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed
Shipping:
Anderson & Garland do not offer a postage or packing service. We ask buyers to arrange this themselves after payment has been made. Mail Boxes Etc pack and ship for most of the UK`s major auction houses and now offer a total door to door service to all Anderson & Garland clients
Andrew at Mail Boxes Etc
Email: info@mbenewcastle.co.uk
58 Low Friar Street, Newcastle, NE1 5UE ENGLAND
Tel: 0191 222 0018
Fax: 0191 222 0028
Terms and conditions:
Third Party Liability. Every person onAnderson & Garland Ltd.’s premises at anytime shall be deemed to be there at his own
risk. He shall have no claim against Anderson& Garland Ltd. in respect of any accidentwhich may occur or injury, damage or loss
howsoever caused, save insofar as the injury,damage or loss shall be caused by the directnegligence of Anderson & Garland Ltd.’s
employees.
GENERAL CONDITIONS OF SALE
1. Definitions.
In these Conditions Anderson& Garland Ltd. who act only asauctioneers and agents for the vendor,are called “The Auctioneers’’, and therepresentative of Anderson & GarlandLtd. conducting the auction is called “TheAuctioneer’’.
2. General.
Whilst Anderson & Garland Ltd.make every effort to ensure the accuracyof their catalogue and the description of
any lot:
(a) Each lot as set out in the catalogueor as divided or combined with anyother lot or lots is sold by the vendor
with all faults, imperfections anderrors of descriptions.
(b) Anderson & Garland Ltd. do notaccept responsibility for theauthenticity, attribution,genuineness, origin, authorship,
date, age, period, condition or qualityof any lot, unless they have beeninstructed in writing by the vendor
so to certify, and in such case theAuctioneers do so as agents of thevendor and are not themselvesresponsible for such claims.
(c) All statements, whether printed inthe catalogue or made orally, as toany of the matters set out in (b)above are statements of opiniononly and are not to be taken asbeing or implying any warranties orrepresentations of fact by Anderson& Garland Ltd., unless they havebeen instructed in writing by thevendor so to certify, and in suchcase the Auctioneers do so asagents of the vendor and are notthemselves responsible for suchclaims.
(d) Any claim under any Statute mustbe received in writing by theAuctioneer within ten days of theday of the sale.
3. The Auction.
(a) The Auctioneer has absolutediscretion to divide any lot, tocombine any two or more lots or towithdraw any lot or lots from the
sale, to refuse bids, regulate biddingor cancel the sale without in anycase giving any reason or withoutprevious notice. He may bid onbehalf of the vendor for all goodswhich are being offered subject toreserve or at the Auctioneer’sdiscretion.
(b) The highest bidder shall be the buyerexcept in the case of a dispute. Ifduring the auction the Auctioneerconsiders that a dispute has arisen,he has absolute discretion to settleit or to re-offer the lot. TheAuctioneer may at his sole discretiondetermine the advance of bidding orrefuse a bid.
(c) Each lot is put up for sale subject toany reserve price placed by thevendor. Where there is no reserveprice (but not otherwise) the sellerhas the right to bid either personallyor by any one person (who may bethe Auctioneer).
(d) All conditions, notices, descriptions,statements and other matters in thecatalogue and elsewhere concerningany lot are subject to anystatements modifying or affectingthe same made by the Auctioneerfrom the rostrum prior to any bidbeing accepted for the lot.
4. Rescission.
Notwithstanding any otherterms of these conditions, if within sevendays after the sale Anderson & GarlandLtd. have received from the buyer of anylot notice in writing that in his view the lotis a deliberate forgery and within fourteendays after such notification the buyerreturns the same to Anderson & GarlandLtd. in the same condition as at the timeof sale and by producing evidence, the
burden of proof to be upon the buyer,satisfies Anderson & Garland Ltd. thatconsidered in the light of the entry in thecatalogue the lot is a deliberate forgery,then the sale of the lot will be rescindedand the purchase price of the samerefunded. In the event of a dispute thenthe matter shall be settled by arbitration,the arbitrator to be nominated by thePresident of the Royal Institution of
Chartered Surveyors. Both the buyer andthe vendor agree to be bound by thedecision.
5. Default.
Anderson & Garland Ltd. disclaimresponsibility for default by either thebuyer or the vendor because they act asagents for the vendor only and thereforedo not pay out to the vendor untilpayment is received from the buyer.Instructions given by telephone are
accepted at the sender’s risk and mustbe confirmed in writing forthwith.
6. In the event of a sale by private treatyboth the vendor and the buyer agree tobe bound by the General and any Special
Conditions of Sale.
BUYERS CONDITIONS
7. Inspection.
Each buyer by making a bidfor a lot acknowledges that he hassatisfied himself fully before bidding byinspection or otherwise as to all the Saleconditions the physical condition of anddescription of the lot including but notrestricted to whether the lot is damaged
or has been repaired or restored.
7a. Photography Information.
Whilst everycare is taken to photograph lotsaccurately, it is only possible to giveapproximate representations in ourcatalogues, on our website andelsewhere.Images are for general guidance only, andcolours in particular will vary – especiallywhen viewed on a screen.Bidders are directed to item 7 of ourGeneral Conditions of Sale and areadvised to attend our viewing days.We cannot accept returns on the basis ofinaccuracies caused by the limitations ofphotographic reproduction.
8. Property and Risk.
Legal title will not passto the buyer until the lot(s) has been paidfor in full and the Auctioneers shall beentitled to a lien on any lot sold until thepurchase price (as defined in 11 below) ispaid in full but each lot is at the sole riskof the buyer from the fall of the hammer.Each buyer shall forthwith give his fullnames and permanent address and ifcalled upon to do so by the Auctioneer
shall forthwith pay to Anderson & GarlandLtd. such proportion of the purchase priceas the Auctioneer may require. If thebuyer fails to do so, the lot may at theAuctioneer’s sole discretion be put upagain and re-sold.
9. Every bidder shall be deemed to act asprincipal unless there is in force a writtenacknowledgement by Anderson & Garland
Ltd. that he acts as agent on behalf of anamed principal.
10. Removal of Goods.
(a) No purchase shall be claimed orremoved until it has been paid for andthe sale has been concluded. Allpurchases shall be paid for and removedat the buyer’s risk and expense by theend of the second working day after thesale, failing which the Auctioneer shallnot be responsible if the same are lost,stolen, damaged or destroyed, and alllots not so removed shall remain at therisk of the buyer and subject to aminimum warehousing charge of £1 perlot per day. If they are not paid for andremoved within seven days of the salethe Auctioneer may re-sell them byauction or privately without notice to thebuyer. Any liability which there may be on
the part of the Auctioneer in respect ofany loss shall be restricted to amaximum of the price paid by the buyerof the lot.
(b) Goods will only be released to thesuccessful bidder who can produce proofif identification. In the case of thirdparty/courier collection we will requirewritten instructions from the buyer whomust have already paid by bank transfer,cash or card payment in person. Anybuyer paying by cheque must wait sevendays for funds to clear. Any paymentmade by debit and credit cards over the
telephone will be treated as a non securetransaction and goods will only bereleased following our security clearanceprocedure.
(c) In the event of any failure of thebuyers to comply with any of the aboveconditions the damages recoverable bythe seller or the Auctioneers from thedefaulter shall include any loss arising onany re-sale of the lot, together with thecharges and expenses in respect of bothsales, and together with interest at 2%above Barclays Bank PLC Base Rate uponthe price of any lot which has not beenpaid for within 48 hours of the sale, andany money deposited in part paymentshall be held by the Auctioneers onaccount of any liability of the defaulter tothem or to the seller. The Auctioneers areunable to accept payment fromsuccessful bidders other than in cash orby the bidder’s own cheque. Chequesdrawn by third parties, whether in theAuctioneer’s favour or requiring
endorsement, cannot be accepted.
11. Purchase Price.
The purchaser shall paythe hammer price together with apremium of 19.5% of the hammer price(adjusted for VAT as necessary). Thepremium at the appropriate rate ispayable by all purchasers. The amountinvoiced will be premium plus VAT (whereVAT is chargeable) but this VAT will notnormally be recoverable by the buyer. Allpayments made by credit card wil incur a1.5% surcharge on the total invoice value.This will be applied at the point ofpayment and an updated invoice will beissued to the buyer along with paymentreceipt. The vendor authorises theAuctioneer to deduct commission andexpenses at the stated rates from the
hammer price and acknowledges theAuctioneer’s right to retain the premiumpayable by the purchaser.
IMPORTANT NOTES FOR BUYERS
BIDS
We will be pleased to execute bids on behalfof intending buyers, and no charge is madefor this service. Lots will be purchased as
cheaply as permitted by other bids andreserves. Bids must be submitted to theCommissions Department at least half an
hour before the sale commences, and shouldbe entered on the forms provided. Bids left bytelephone will be accepted only on the
condition that they are at the sender’s risk,and must in any case be confirmed in writing.
TELEPHONE BIDS
Telephone bidding is not currently available for Town & County Sales.
EXPORT LICENSING REGULATIONS
FOR WORKS OF ART, ANTIQUES,
COLLECTORS’ ITEMS AND
FIREARMS
In general, an export licence is required for theexport of any item manufactured or producedmore than 50 years (60 years in the case ofphotographic positives and negatives) beforethe date of exportation which falls within anyof the following categories:
(a) its value exceeds £20,000* or, in thecase of photographs and photographalbums exceed £500*; or(b) British historical portraits having avalue of £5,000* or more; or
(c) documents, manuscripts or archives(other than printed books) includingarchitectural, scientific or engineeringdrawings to scale produced by handof any value; or
(d) archaeological items.(*inclusive of the buyer’s premiumand VAT)
NOTE: Archaeological items include any itemwhich has been recovered at any time fromthe soil of the United Kingdom or from the
bed of any lake, river, stream or other area ofwater therein or from the bed of the seawithin the territorial waters of the UnitedKingdom (other than coins or articlesrecovered only after burial or concealment ata date less than 50 years before the date ofexportation).
FIREARMS: An export licence is required forall types of firearm, rifles, pistols, shotgunsand firearms of all types not more than 00
years old irrespective of value. However,firearms over 100 years old may still require acertificate for possession in the U.K.
IMPORTANT NOTICE
Droit de Suite Royalty Charges
From 1st January 2012 all UK art marketprofessionals (which includes, but is notlimited to: auctioneers, dealers, galleries,agents and other intermediaries) are requiredto collect a royalty payment for all works ofart that have been produced by living artistsand works by artists who have died within thelast 70 years (following the existing term ofcopyright). This is an extension of the
previous legislation.
Please note that payment of a royalty is notrequired in every case and will only becollected when the hammer price equals or
exceeds the UK sterling equivalent of 1,000euros.
The threshold level is for estimation purposesonly, it is entirely the responsibility of thebuyer to acquaint himself with the actualEURO to UK Sterling exchange rate on theday of the sale in this regard, and theauctioneer accepts no responsibilitywhatsoever if the qualifying rate is differentto the rate indicated. The actual qualifyingthreshold will be calculated by the Artist'sResale Right Service Hub based on theEuropean Central Bank reference ratepublished at 2.15pm on the day of the sale,and can be found on www.dacs.org.uk.All items in this catalogue that are markedwith ‘ä’ are potentially qualifying items, and
the royalty charge will be applied if thehammer price achieved is more than the UKsterling equivalent of EURO 1,000. The royalty
charge will be added to all relevant invoices,and must be paid before items can becleared. All royalty charges are paid to the
Design and Artists Copyright Society (‘DACS’),no handling costs or additional fees withrespect to these charges will be retained by
the auctioneer.
The royalty charge that will be applied toqualifying items which achieve a hammerprice of more than the UK sterling equivalent
of EURO 1,000, but less than the UK sterlingequivalent of EURO 50,000 is 4%. Forqualifying items that sell for more than the UK
sterling equivalent of EURO 50,000 a slidingscale of royalty charges will apply - for acomplete list of the royalty charges and
threshold levels, please seewww.dacs.org.uk. There is no VAT payable onthis royalty charge.
For all questions relating the regulationsregarding Droit de Suite royalty charges,please see www.dacs.org.uk, telephone+44 (0) 845 410 3410, or emailarr@dacs.org.uk.
LIVE AUCTION CREDIT CARD
USERS
In completing the bidder registration onwww.the-saleroom.com and providing yourcredit card details and unless alternativearrangements are agreed with Anderson &Garland Ltd. you
(i) authorise Anderson & Garland Ltd., if theyso wish, to charge the credit card given inpartor full payment, including all fees, for itemssuccessfully purchased in the sale via thesaleroom.com, and
(ii) confirm that you are authorised to providethese credit card details to Anderson &Garland Ltd. through www.the-saleroom.com
and agree that Anderson & Garland Ltd. areentitled to ship the goods to the credit cardholder name and card holder address providedin fulfilment of the sale