Conditions for Sale
1. INSTRUCTIONS : All goods submitted to Thimbleby & Shorland for sale will be accepted by them subject to these Sale Conditions. By signing or receiving the reverse of the vendors standard sale entry confirmation form the Vendors will be deemed to acknowledge and agree to these conditions.
2. CHARGES : Commission is charged on a lot by lot basis at the rate of 15% (subject to a minimum of £2 per lot) + a £5 entry fee. This includes inspection, advice, cataloguing and all national and local advertising. Prior to the publishing of the catalogue, fees for withdrawing lots are 5% of the reserve or Auctioneer’s estimated value and any other cost incurred. If the catalogue has already been printed and the lot advertised or published on the Internet the full rate of commission applies.
3. LOTTING : The Auctioneers reserve the right to lot and catalogue items in what they consider to be the most appropriate way. The Auctioneers will use their best endeavours to describe lots as accurately as possible.
4. RESERVES : All goods are offered without reserve unless written instructions are received by the Auctioneers prior to the sale. In the event of an article not being sold at Auction the Auctioneers will, if possible, re-sell by private treaty at a minimum price of the agreed reserve. No reserves of less than £50 are accepted. Instructions given by telephone are at the sender’s risk and all instructions should be confirmed in writing.
The right is reserved to charge a buying-in fee of 5% on reserve prices left by Vendors, but no additional charge is made for articles not sold where the reserve was at the discretion of the Auctioneers. Unless Vendors give other instructions, unsold lots will be re-offered in a subsequent sale without reserve or returned at the discretion of the Auctioneers.
5. ILLUSTRATION : No additional charge is made for photographs used for illustrating Vendors’ goods in the catalogue and/or on the Internet. No additional charge is made for national or local advertising.
6. INSURANCE : All goods are covered under the Auctioneer’s policy whilst on their premises. The value for insurance purposes shall be at the assessment of the Auctioneers and shall not exceed the lower figure of the published sale estimate.
7. STORAGE AND TRANSPORT : We or our carriers will collect in any area as economically as possible. Alternatively, goods can be brought to our premises at any time by appointment. Transport costs are the responsibility of the Vendor and will be deducted from the proceeds of sale. Storage charges are also made on lots that are unsold or withdrawn. No liability will be accepted for loss or damage to goods delivered to the Auctioneer’s premises without sufficient instructions or identification. The Auctioneers reserve the right to donate to charity or otherwise dispose of any items sent in for sale, which are unworthy of submitting for sale by auction or which prove to be un-saleable.
8. UNSOLD ITEMS : In the event of any lot failing to sell, it may (at the Auctioneer’s discretion) be re-offered without reserve in the next available sale unless contrary instructions are received within seven days of the Vendor receiving notification that it is unsold. In the absence of contrary instructions any unsold items considered by the Auctioneers to be unworthy of re-offering will be disposed of without further reference. Any items marked for collection and not collected by the given date will be disposed of without further reference, items being retained by vendors must be collected by the given date or storage charges will be applied.
9. BUYER’S PREMIUM : A Buyer’s Premium of 16% is charged on the hammer price and is payable to the Auctioneers on all lots together with VAT on such premium.
10. VAT : Commission, insurance and other charges (also Buyer’s Premium) are subject to VAT. If the Vendor is registered for VAT he should declare this fact and state clearly whether he is operating a special scheme for antiques. It is a condition of sale that all items should be inclusive of VAT and it is the sole responsibility of that person to account to Customs and Excise. Goods sent in for sale by private vendors are not subject to VAT on the hammer price.
11. DEFAULT : The Auctioneers disclaim responsibility for any default by the purchaser. In the event of a purchaser failing to complete their purchase, payment to the vendor will in turn not be completed and the article in question will either be re-offered for sale on behalf of the Vendor or returned.
12. DROIT DE SUITE : This levy applies to all works of art and is levied at varying rates according to the hammer price. Items, which in the opinion of the auctioneers may be liable to the DdS levy, will be marked by a “δ”. The absence of such a mark does not imply that the levy is not payable. Vendors are reminded that a variable surcharge of 4% is made on all works of art falling within the remit of the DdS act. This will be collected by the auctioneers and forwarded to DdS. For full details see the www.dacs.org.uk Website.
13. THE CONSUMER PROTECTION ACT FROM UNFAIR TRADING REGULATIONS 2008 – Electrical & Mechanical Goods. It is an offence to sell goods that are unsafe. Consignors of electrical or mechanical warrant that they are safe to be used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health, and indemnify the Auctioneers against any loss or damage suffered in consequence of any breach of this warranty and undertaking. All electrical goods must have a current PAT test label and accompanying certificate, and if not then the Auctioneers will conduct a test at a cost of £5 plus VAT per item payable prior to testing. Any items not passing a PAT test will not be offered for sale and must be removed from the premises by the Seller.
