IMPORTANT INFORMATION
Any customer visiting the auction center is expected to comply with government guidelines in force at the time.
We encourage potential buyers to bid through the-saleroom.com or place commission bids directly with the auction center.
Please note that we cannot guarantee that condition reports/picture requests received after 11am on the Saturday prior to the sale will be answered. Upon request, we will periodically upload more images to the website.
It is the responsibility of each prospective bidder to personally inspect each lot and verify its condition prior to bidding.
Payment, pickup & shipping:
Successful buyers will receive an invoice after the end of the auction. We ask that you pay for and collect the auctioned items by noon on the day following the auction.
Payment can be made via the post-sale link provided on the-saleroom.com, by personal debit card or bank transfer.
PLEASE NOTE WE DO NOT ACCEPT PAYMENTS BY CREDIT CARD, BUSINESS CARD OR CHECK.
For buyers via the online portals, we reserve the right to collect payment on the third working day after the auction if payment has not been received.
Particular attention is drawn to Clause 12 of our Terms of Service which has been revised and is strictly enforced due to lack of space. Buyers will not be rushed to collect their purchased lots during the 10 business day period and collection is the sole responsibility of the buyer. If it is unlikely that you will be able to meet the collection window set out in clause 12, please do not bid.
Clarke & Simpson Auctions do not offer packaging or postage services and all buyers must make their own arrangements.
Independent shipping companies include:
MAILBOXES - 01206 368881 / 01473 218637 / shipping@mbecolchester.co.uk
JENTEL PACKAGING - 01268 776777 /enquiries@jentelpacking.co.uk
GENERAL CONDITIONS OF SALE
1 INTRODUCTION
The following defining terms are used in these Terms:-
"Auction" means any auction held by Clarke and Simpson Auctions Ltd. conducted either on their premises or elsewhere (including any internet-based auction);
"Auctioneer" Means the person appointed by Clarke and Simpson Auctions Ltd. authorized auctioneer, where applicable, along with any online platform;
“Bidder” means a bidder at an Auction, including bidders who are personally present at the Venue and those bidding on commission, by telephone, internet or otherwise;
"Buyer" means the bidder whose bid was the last bid when the Auctioneer completes the bidding;
"Terms" means these Terms of Sale;
“Clearing Price” means the Bid Level reached (at or above a Reserve) when the Auctioneer stops bidding;
"Lot" means any property sold by Clarke and Simpson Auctions Ltd. is accepted for bid at an auction;
"Seller" means the seller of a Lot offered at Auction;
2. DESCRIPTION
No warranty is given or implied by the description in the catalogue. Each lot is sold in its condition at the time of sale with all faults, blemishes, defects and description errors (if any). As far as books are offered, they are not sorted and will not be taken back. While every effort has been made to fairly and accurately describe the items, the buyer assumes that they personally inspected the lot at the time of purchase. All catalogues, condition reports and seller and buyer guides are for information only and are not part of the contract.
3. LEGAL REQUIREMENTS
The buyer is deemed to have satisfied himself of the legal requirements in force (e.g. the Occupational Health and Safety Act) before making the purchase and the bidder is expressly informed that the equipment for sale may not necessarily comply with these regulations. Each buyer must ascertain all legal requirements for the use of an item and there is no liability on the part of the sellers or the auctioneers.
4. THE AUCTION
All auctions are conducted at the auctioneer's discretion. The auctioneer conducts the auction with reasonable skill and care. The seller reserves the right to sell all lots with reservations. What constitutes a bid is at the absolute discretion of the auctioneer, acting with reasonable skill and care. The auctioneer has the right to reject a bid in all cases, but in particular if such a bid does not exceed the previous bid by at least 10% or such proportion as the auctioneer may determine in its sole discretion. If the auctioneer receives two or more bids of the same amount at the same time, the auctioneer shall, at its discretion, decide which bid is preferred. If two or more bids of the same amount are received by the auctioneer at the same time, the bid submitted in the auction room takes precedence over a bid of the same amount submitted by telephone or online. A bid made or attempted by telephone or internet is only deemed to have been made when it has been received by the auctioneer. The auctioneer reserves the right to withdraw, combine or split lots or lots or submit them in any order. The Auctioneer has the right, in its absolute discretion, to refuse any person access to its premises or to attend (or participate in) any Auction. In the event of a dispute, the auctioneer shall be the sole arbitrator in all matters arising during or out of the sale.
5. BIDDER
All bidders must register their particulars, bidders who are present in person and those accompanying them must provide photo ID and separate confirmation of address before viewing or participating in any part of the sale and before entering any part of the premises to view it to visit . All bidders assume full liability for all bids submitted. Subject to the clause in this document entitled “The Auction”, the highest bidder at the end of bidding shall be deemed to be the buyer. Disputes about a bid will be decided at the auctioneer's discretion.
All bidders shall be deemed principals unless there is prior written confirmation from Clarke and Simpson Auctions Ltd. that a bidder is acting as agent for a named principal. Bidders are strongly advised to attend the auction in person. Bidders are responsible for any decision to bid on a particular lot and are deemed to have carefully assessed the condition and satisfied themselves. Neither Clarke and Simpson Auctions Ltd. nor their employees or agents are responsible for any negligence or omissions they do or do not do. Bidders will be given ample opportunity to view and inspect prior to the sale and must satisfy themselves of all matters.
6. STANDARD
Clarke and Simpson Auctions Ltd. acts only as an agent of the seller. All contracts for the sale of a lot are between the seller and the buyer. Only Clarke and Simpson Auctions Ltd. is liable as agent. not for defaults of the seller or the buyer. If a lot is not paid for in full and taken away in accordance with these terms or there is any other breach of the terms Clarke and Simpson Auctions Ltd. acting as Seller's agent, in its sole discretion and without prejudice to any other rights it may have, may exercise all or any of the following rights and remedies:
6.1 to take legal action against the Buyer for liability or damages for breach of contract;
6.2 the sale of the lot or lots sold by Clarke and Simpson Auctions Ltd. sold to a defaulting buyer;
6.3 resell the Lot (by auction or private sale), in which event the defaulting Buyer shall be liable for any resulting shortfall in the total amount due (after crediting any installment payment plus any resale costs), any excess including to the Seller;
6.4 to remove, store and insure the Lot at the defaulting Buyer's expense and, if stored, the location of such storage shall be at Clarke and Simpson Auctions Ltd.'s discretion;
6.5 charge late payment interest at a maximum of 2% per month of the total amount due if unpaid more than five working days after the sale;
6.6 to hold all Lots sold to the defaulting Buyer until the Buyer pays the total amount due;
6.7 reject or ignore any bids made by the defaulting Buyer in future auctions or impose conditions before accepting such bids;
6.8 to use all proceeds from the sale of other Lots which are or will be due to the defaulting Buyer to settle the entire outstanding balance.
7. DAMAGES, PENALTIES AND LIMITATIONS OF LIABILITY
Buyers must be responsible for any damage caused by them or their agents in removing their lots. Participation in the auction is at the risk of those present as well as their goods and vehicles.
Any indemnification under these Conditions shall extend to all suits, costs, expenses, claims and demands suffered or incurred by the person entitled thereto and Clarke and Simpson Auctions Ltd. declares itself to be the trustee of the compensation insofar as it expresses itself to the advantage of its employees and vicarious agents.
While Clarke and Simpson Auctions Ltd. While trying to ensure that the information on their websites is correct, they do not guarantee the accuracy or completeness of the material on their website or any other website. In addition, Clarke and Simpson Auctions Ltd. may make changes to the material on its or any other website, or change the products and prices described therein, at any time without notice. Material on the website(s) may be out of date, Clarke and Simpson Auctions Ltd. make no commitment to update this material. All materials on the website(s) are provided "as is" without conditions, warranties or other terms at all times. Accordingly, to the fullest extent permitted by law, the Website(s) are made available to all parties on the basis that Clarke and Simpson Auctions Ltd. disclaims all representations, warranties, conditions and other terms which, without this Legal Notice, could have any effect with respect to the Website(s).
8. ELECTRICAL SAFETY REGULATIONS
All electrical lots are subject to and covered by electrical safety regulations„The Low Voltage Electrical Equipment (Safety) Regulations 1989”- All items have been PAT tested for safety but are not guaranteed to work.
9. GENERAL
All notices to Buyer, Seller, Bidder or Viewer may be made by post or email, in which case it will be deemed received by the recipient forty-eight hours after it is posted or sent. All communications to Clarke and Simpson Auctions Ltd. must be in writing, e-mail will not be accepted. Any estate made available to a person by Clarke and Simpson Auctions Ltd. granted, notwithstanding the strict terms of these Terms or the Terms of Delivery, will only affect position at the relevant time and only affect compliance with that particular concession; in all other respects these Terms shall be deemed to be in full force and effect. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
10. ADVERTISING
All catalogs and buyer's and seller's guides are provided for informational purposes only and do not form part of these Terms. The Catalog and Buyer and Seller Guides may contain additional terms and conditions. Clarke and Simpson Auctions Ltd. reserves the right to use photos, videos, background information and research for promotional purposes before, during and after the sale.
11. PURCHASE PRICE AND PAYMENT TERMS
A buyer's premium of 20% plus VAT is due on sale. An additional internet surcharge applies to purchases made via one of the online portals. The current prices are as follows:
Monday, Fine Art, Art Deco and Rural Bygones 5% of the hammer price plus VAT (3% throughwww.clarkeandsimpson.co.uk). Agricultural machinery 2% of the hammer price plus VAT.
Preferred payment is cash, bank transfer, personal debit card or via the payment prompt from the online platform. Payments over £350 over the phone will not be accepted. We do not accept checks, credit cards, business debit cards, or international debit cards. Payment is due on the day of sale, but no later than two working days after the day of sale. Cash over €10,000 (including VAT and bonuses) will not be accepted from any person in accordance with the Money Laundering Regulations 2007. All monies received will be deposited into Clarke & Simpson Auctions Ltd customer account #2. held at Barclays Bank plc, Suffolk. Account number 83428591. Bank code 20 98 07. Clarke and Simpson Auctions Ltd. assume no responsibility for lots between the end of the bid and payment and subsequent collection. All payments from buyers from abroad are made by bank transfer and additional bank charges to be paid. Please note that all payment policies are enforced and appropriate precautions must be taken.
12. REMOVAL OF LOTS
Title to lots purchased will not pass to the respective purchaser until full payment has been made to Clarke and Simpson Auctions Ltd. has done.
The buyer is responsible for insuring his purchases and takes away all the lots he has bought and paid for at his own risk and expense no later than five working days after the day of the auction.
Lots not picked up by the buyer will be resold 10 business days after the auction day, regardless of payment status. These lots will be sold on behalf of the buyer if paid for and all proceeds will be retained in lieu of storage, or on behalf of the seller if unpaid. Buyers will not be hounded for collection during this period and collection is solely their responsibility.
The removal of items from the room is the responsibility of the buyer and he will be liable for any damage caused by the removal.
13. QUANTITY BID
This is used for speed and efficiency as with all of our sales. All parties wishing to bid must fill out a registration form and register at the office on prospect day or the morning of the auction to receive a bid number.
Please also note that photo ID and additional address confirmation are required.
14. ONLINE BIDDING
Clarke & Simpson Auctions Ltd. offers an online bidding service through the-saleroom.com, bidspotter.co.uk and ibidder.com for those who wish to bid but are unable to attend the auction.
Upon completing the bidder registration on the-saleroom.com, bidspotter.co.uk or ibidder.com and providing your payment card details and unless otherwise agreed with Clarke & Simpson Auctions Ltd. were hit:
1. authorize Clarke & Simpson Auctions Ltd., if they so choose, to charge the payment card provided, in whole or in part, including all fees, for items successfully purchased at auction via the-saleroom.com, bidspotter.co.uk or were ibidder.com and
2. Confirm that you are authorized to use Clarke & Simpson Auctions Ltd. provide such payment card details via the-saleroom.com, bidspotter.co.uk or ibidder.com and agree that Clarke & Simpson Auctions Ltd. is authorized to ship the goods to that address using the cardholder's name and address provided in the fulfillment of the sale.
Please note that for all lots bought via any of the online platforms there is an additional internet surcharge of 5% + VAT on the hammer price (the-saleroom.com) or 2% + VAT on the hammer price (bidspotter. co.uk and ibidder.com).
15. TELEPHONE BIDDING
Where possible, we offer a telephone bidding service in specialist shops, but this service can never be guaranteed. No requests for telephone bids will be accepted after the end of the pre-sale viewing day. All potential telephone bidders must provide a valid landline number and email address and agree that they have read and understood the Terms and Conditions and are satisfied of each Lot in accordance with these Terms and Conditions. Telephone bids will not be accepted for lots with a lower guideline of less than £250.
Anyone wishing to bid over the phone is expected to use one of Clarke and Simpson Auctions Ltd. specified amount and not less than the minimum guide value for all lots they wish to bid on, previously deposited into Clarke and Simpson Auctions Ltd's customer account. deposit the sale begins. This payment is not accepted by card.
In the event of default, this amount will be retained as part payment or a portion may be retained to make up losses in accordance with Clause 6 of these Terms and Conditions. We expect BACS to pay the balance due the following day, any payment not made within five working days will result in the forfeiture of the deposit paid.
16. IF ERROR (A.F.) LOTS
Certain lots are cataloged as defective (A.F.), damaged, restored, etc., however, the absence of such an indication does not mean that the piece is free from defects, nor does it mean that other defects are absent. No mention is made of breaks, cracks, chips or any other damage that may be noticed upon careful inspection, therefore bidders MUST in all cases determine the condition of the lots themselves, either personally or upon request of condition reports or additional detailed photos.
17. ESTIMATES
Presale estimates are given as a guide only for those wishing to bid, are given to the best of our knowledge and are subject to revision.
18. CONDITION REPORTS
Clarke and Simpson cannot guarantee that incoming requests for condition reports/pictures will be answered. Clarke and Simpson are happy to provide a condition report on the physical condition of the goods where possible. This is being prepared on behalf of the seller on the understanding that Clarke and Simpson do not contract with you for the condition report and accordingly have no responsibility to you. All lots are available for your own inspection or for inspection by an appraiser on your behalf, therefore these condition reports are for guidance only and all lots are being sold "as is". Status reports are not part of a contract.
19. COMMISSION OFFERS
For those unable to attend the auction, the auctioneers are happy to carry out bids. Lots will be purchased at the lowest bid permitted by room bids, internet bids, or any reserves. In the case of identical bids, the earliest bid received has priority. A maximum limit must always be specified. Buy or unlimited bids will not be accepted. Commission bids submitted by telephone are accepted at the risk of the customer. We urge our customers to place such bids before the sale begins. All such orders are entirely at the customer's risk.
20. VAT
The * or V symbol after a lot number or description indicates that the buyer is responsible for paying VAT on the hammer price.
21. AUCTION MARGIN SCHEME
The Auctioneers Margin Scheme allows auctioneers to sell items at the hammer price without VAT. As part of the differential taxation, an amount equal to the VAT at the applicable rate will be added to the buyer's premium. This amount is non-refundable. The VAT portion is not shown separately on the buyer's invoice. This sales tax is non-refundable as input tax. We do not allow buyers to opt out of the margin program.
22. ATTRIBUTION OF PICTURES AND DRAWINGS
Every effort is made to ensure the accuracy of all information regarding authorship, attribution, provenance, date, age, provenance and condition of any lot, whether or not such information forms part of the description of such lot. Regardless of whether such a statement is made orally or in the catalogue, it is an expression of opinion and not a guarantee or representation of facts by the auctioneers. Any buyer who bids on a lot confirms that they are fully satisfied of the attribution and condition of the lot. The following is for guidance only and does not form part of any contract.
A. An artist's first name(s) (or dots where not known) and last name are, in our opinion, indicative of a work by the artist.
B. The initials of the artist's first name(s) and surname indicate, in our opinion, a work of the artist's time, which may be his work in whole or in part.
C. The artist's surname suggests, in our opinion, a work of the school or one of its followers or in its style and of uncertain dating.
D. Signed, dated, inscribedIn our opinion the work is signed/dated/inscribed by the artist.
E. bears signatureindicates, in our opinion, that this is not the artist's signature.
Attributed to Fcan be used to denote a traditional mapping based on style.
G. wayindicates in our opinion a work executed in the style of the artist/craftsman, but later.
H. Aftermeans, in our opinion, a copy (of any date) of the work of an artist or craftsman.
The addition of a question mark after any of the above cataloging terms indicates a doubt.
23. LICENSE FEES
All UK art market professionals (including auctioneers) are required to collect a royalty on all qualifying artworks. This applies to living artists and artists who have died in the last 70 years. This payment will be charged on qualifying artworks sold at a hammer price in excess of the sterling equivalent of €1,000 (sterling equivalent will vary according to applicable interest rates calculated by the artist's Resale Right Service Hub based on the European Central Bank reference rate published at 2.15pm on the day of sale, available at www.dacs.org.uk).
All items in this catalog marked 'ü' are Potential Qualifying Items and the royalty will be payable if the hammer price is over the £1,000 equivalent in British Pounds. The license fee is added to the purchase invoices and must be paid before the items can be released. All royalties are paid by the auctioneers to the Design and Artists Copyright Society (DACS) and the auctioneer does not withhold any handling charges or additional fees in relation to these fees. This fee may also apply to lots not marked 'ü' and buyers need to see for themselves.
The royalty on qualifying items that sell for more than the £1,000 sterling equivalent but less than the £50,000 sterling equivalent is 4%. Tiered royalty rates apply to qualifying items sold for more than the UK equivalent of €50,000. A full list of royalty rates and thresholds can be found at www.dacs.org.uk. There is no VAT on this license fee.
24. ENDANGERED SPECIES
Lots sold at auction may contain endangered or other animal and plant species such as ivory, tortoiseshell, crocodile skin, whalebone, ebony or rosewood. Some countries restrict or prohibit the import or export of items containing these materials, or require a license/permit for their transfer (e.g. a CITES license). Before bidding on any lot that may contain these or similar materials, buyers must familiarize themselves with the relevant laws and regulations governing their movement.
25. SCHMUCK
Gemstones are often treated to enhance color and improve appearance. They can be heated or treated with oil or resin to intensify color and transparency. Other techniques such as dyeing, blasting, coating and impregnating can also be used. Buyers must be aware that the stone is a natural stone unless otherwise specifically stated in the catalogue. Buyers must understand that any treatment may not be permanent and that special care may be required in the future.
26. EXPORT
Any lot purchased at auction may be subject to export restrictions and may require a license to export from the UK. Buyer is responsible for obtaining all necessary licenses (including any licenses that may be required for importation into the country of destination) - refusal of such license is no reason for Buyer to cancel the purchase.
27. THIRD PARTY LIABILITY
All members of the public on the premises of Clarke and Simpson Auctions Ltd. go there at your own risk and must observe the layout of the buildings and grounds and the relevant safety precautions. Accordingly, neither the Auctioneer nor its employees or agents shall be liable for death or personal injury (except as required by law) or similar security or persons visiting the premises.
28. SHIPPING
All sellers have received a copy of Clarke & Simpson's auction terms and conditions relating to the submission of lots for sale and these terms and conditions should be read in accordance with this consignment documentation.