CRITERION AUCTIONEERS LIMITED TERMS AND CONDITIONS OF BUSINESS 2017
Definitions and Interpretations in these terms and conditions: (a) Reference to the ‘the Auctioneer’ shall be taken to mean the firm of Criterion Auctioneers Limited or any director, partner or employee thereof at the time of sale; (b) ‘Buyers’ shall be deemed to be the principals unless to the prior knowledge of the Auctioneer they are acting as agent on behalf of a named principal; (c) ‘Forgery’ means a Lot (i) which is so constituted as deliberately to deceive when considered in the light of its catalogue description, and (ii) whose value as such is materially less than if it had complied with the catalogue description; (d) ‘The Interpretation Act 1978’ shall apply to the general construction of terms and expressions used in these Conditions as if contained in a statute. (e) ‘Small items’ defined as being a Lot carried safely by one person; (d) ‘Large items’ defined as being a Lot carried safely by two or more persons.
* Auctions are unpredictable, and valuing anything is an imprecise science. We do our utmost best to ensure the highest prices possible for your goods, however Lots sometimes sell under expectations or don’t sell at all. You are strongly advised to check with the saleroom immediately after each sale to discuss any unsold Lots – as re-entered low value Lots can become a drain on your final proceeds.
* To minimize this, we shall enter each consignment for a maximum of two weekly sales at Islington and or one sale in Bath and any Lots that remain unsold after these sales shall within a further 10 days be relisted in an Online timed auction for a period of 10 more days. ALL unsold Lots from the previous sale the reserve shall be reduced by between 10% as a minimum and up to 50% as a maximum at the Auctioneers discretion.
* If items are taken in without reserve that is precisely how the Auctioneer executes the sale, as the Auctioneer is required to do by law. Occasionally it could mean, that a Lot estimated at £80 – £120, sells to the highest bidder (perhaps the only bidder) for as little as £10.
* Upholstered furniture made after 1950, regardless of original source, MUST have a fire label indicating that it conforms to modern fire regulations BS7177, otherwise it cannot be sold by law.
* Ivory and other wildlife products now fall under new legislation and are frequently problematic.
* Birds’ eggs are illegal to sell in the UK.
* The Auctioneer cannot sell any offensive weapons that are not antique, and modern firearms must come from a vendor with a proven firearms license.
1. STANDARD RATES
1.1. Vendor Commission Fees are charged at 15% for Private and 12% for Trade, unless defined in the commissions box, on the hammer price plus our Minimum Commissions (see clause 1.2) whichever is the greater. Commissions and reserves should be agreed with the Auctioneer at the time of acceptance and may not be altered after a Consignment Agreement receipt has been issued. In the event a Consignment Agreement is received and unsigned by a Vendor the consignment shall be deemed as void and the lots shall not be entered for sale;
1.2. Minimum Commission Fees of £10 per Lot per sale for Small items and £20 per Lot per sale for Large items whether sold, unsold or withdrawn. Withdrawn Lots will also be subject to costs as defined in clause 1.6 which have been incurred by the Auctioneer;
1.3. Entry Fees of £5 per Lot for Smalls and £10 per lot for Large items chargeable each time a Lot goes under the hammer, sold or unsold;
1.4. Loss & Damage Warranty Fees are charged at 2% of the hammer price of each Lot sold (minimum fee £2.00 per Lot) or the reserve price agreed upon first consignment if unsold. The Auctioneer will indemnify the Vendor up to a maximum value of £100 per Lot for all goods in its care unless otherwise instructed in writing to the Auctioneer;
1.5. Catalogue, Illustration & Photography Fees may apply to all Lots where these services have been incurred at a rate of £5 per Lot. Catalogue, Illustration & Photography fees will be agreed in advance, where applicable;
1.6. Withdrawn Lot Fees are charged at 20% of the (last listed) Reserve price or a minimum fee of £50 per Lot plus 2% Loss & Damage Warranty;
1.7. Storage Fees will be applied when late collection is NOT agreed in writing with the Auctioneer at a rate of £5 per Lot per day for Small items and £10 per Lot per day for Large items. All Lots not entered for sale must be collected by Thursday 6pm following the sale unless by prior arrangement with the Auctioneer or these fees will be applied;
1.8. Carriage & Shipping Fees are charged at a rate of £40 for the first 30 minutes and £30 per hour thereafter, our prices may vary from time to time and shall be listed on our website. When they appear to conflict with these charges the website charges shall prevail; and
1.9. Value Added Tax the above charges are subject to Value Added Tax charged at the current rate and is payable on all commissions and fees.
2. RESERVES all goods are put up for sale WITHOUT RESERVE at the discretion of the Auctioneer, unless a Consignment Agreement is completed with written instruction duly signed by the Vendor and accepted by the Auctioneer and received prior to the sale. The Auctioneer retains the right to sell Lot/s at 90% of the agreed Reserve price. The Auctioneer retains the right to refuse to offer for sale any item where, in the Auctioneers opinion, the Reserve price is too high and the item would not sell. Where a Reserve price is set by the Vendor against the Auctioneers advice the Vendor will be subject to an unsold fee should the Lot not sell as per the charges set out in clause 5 Unsold charges.
3. CONSIGNMENT AGREEMENT, ADVICE NOTICES & STATEMENTS
3.1. Consignment Agreement – all Vendors’ will complete and duly sign and be counter signed by the Auctioneer a Consignment Agreement for their Lots to be accepted for sale prior to delivery of the items to the saleroom. These terms and conditions of business shall prevail unless altered and countersigned by the Auctioneer. Every Lot will be detailed and recorded for its description and condition, size, reserve, low and high estimate values, the Vendor’s proof of identity and authority to sell and general contact details. Additional details for Trade Vendors may be required to validate their status;
3.2. Pre-Sale Advice Notice - is only emailed to the Vendor following the consignment process but prior to the catalogue being finalised and published. The Vendor shall review the details of the notice and pay particular attention to the accuracy of the descriptive narratives and the correct setting of reserves and estimates. The Auctioneer shall presume the accuracy and acceptance of the Pre-Sale Advice Notice sent to the Vendor unless the Vendor informs the Auctioneer prior to the publishing of the catalogue each week of any changes. The publishing time of the catalogue may vary from week to week and or sale to sale.
3.3. Post-Sale Advice Notice – is produced and emailed usually within 24 hrs of the sale finishing, detailing the hammer results of the Vendors sold and unsold Lots and the expected settlement date of the sale.
3.4. Statements – are generated on the processing day which can be between one and five weeks from the sale date. The Statement lists the Lots sold and unsold and the respective fees applied in relation to the Auctioneers fees and or any other rates agreed with the Vendor in accordance with the Consignment Agreement or in writing prior to each sale. The Statement is emailed to the Vendor or posted as specified in the Consignment Agreement or as may be changed from time to time by the Vendor and duly notified without delay to the Auctioneer in writing.
4. HARDWOOD FURNITURE all NEW Hardwood furniture will not be accepted for auction, unless a valid certificate complying with FSC (Forest Steward Council) or similar standard is provided.
5. UNSOLDS the Auctioneer will not charge an un-sold fee.
5.1. All unsold Lots must be removed from the saleroom by 6pm on Thursday following the sale or Storage Fees shall be charged if no prior arrangement has been made with the Auctioneer in writing; or
5.2. All unsold Lots are sold by private treaty (after the sale); or
5.3. All unsold Lots after week 2 shall be prepared for sale at any of the Auctioneer’s offices for an online timed auction or other auction and or if instructed by the Vendor or at the Auctioneers discretion may be given to charity but as directed by this agreement.
6. CONSIGNMENT AGREEMENT the Auctioneer requires and accepts the signed Consignment Agreement as a statement from the Vendor to the effect that the goods submitted are their own unencumbered property or that they have authority to dispose of them on behalf of the true owner and are able to transfer good and marketable title to the property free from any third-party claims. The Vendor may be required to provide written evidence to the Auctioneer in addition to the Consignment Agreement if they act as an Agent for the true owner to enter the Lots for sale and or if the Auctioneer feels further evidence is required from the Vendor of the goods authenticity or true ownership; and
7. STANDARD RATES the Vendor authorises the Auctioneer to deduct commission at the rates as defined in this agreement and agreed by signing the Consignment Agreement the Vendor is deemed to have accepted the Auctioneers Terms and Conditions of business.
8. CATALOGUE DESCRIPTIONS descriptive statements contained in the advertisements or catalogues or made up by the Auctioneer or any member of his staff shall be taken as matters of opinion only, and shall not be taken as statement of fact.
9. DISCLOSURES the Vendor has a duty to disclose all defects, restorations or alterations to the goods (if any) at the time they are entered for sale and to draw them to the Auctioneer’s attention in writing. Failure to do so, notwithstanding any description of the goods given by the Auctioneer, can result in the sale being rescinded and the Vendor being responsible for all allied costs incurred by the Buyer and Auctioneer.
10. ELECTRICAL AND MECHANICAL GOODS the Vendor warrants in respect of any item or mechanical or electrical equipment that it is (a) in working order; (b) reasonably fit for the purpose for which it is designed or adapted; (c) that it can be used safely and without risk of causing injury or damage, and(d) will indemnify the Auctioneer against any loss or damage suffered in consequence of any breach of the above warranty and undertaking.
11. LOSS AND DAMAGE WARRANTY unless otherwise instructed the Auctioneer will insure property (other than motor vehicles) consigned to it or put under its control for sale at the rates stated above. If the Vendor instructs not to insure a Lot, it shall at all times remain at the risk of the Vendor who hereby undertakes to indemnify the Auctioneer against all claims made or proceedings brought in respect of loss or damage to the Lot of whatever nature howsoever occurring and in any circumstances, even where negligence is alleged or proven.
12. PHOTOGRAPHY the Vendor gives the Auctioneer full and absolute right to photograph and illustrate any Lot placed in their hands for sale and to use such photographs and illustrations at any time at their absolute discretion (whether or not in connection with the auction).
13. VALUED ADDED TAX Vendors selling any assets of their business through the Auctioneer must disclose at the time the item is submitted for sale whether they are registered for VAT and must disclose the VAT registration number and whether the items are to be sold under the special scheme covering works of art, etc. Commission fees will be shown inclusive of VAT, which will not normally be recoverable by the Vendor.
14. SETTLEMENTS to Vendors are normally processed within four to five weeks after the sale date by either BACS (usually received into the Vendor’s bank account 3 days from the processing date) or by Cheque (sent by 1st class post) subject to our accounts department receiving correct current bank details; payment for all Lot or Lots have been received from the Buyer; the Lot/s is not subject to any dispute or third party claim/s; a statement will be posted or emailed to you with the sale results less any relevant fees. Cheques will not be issued below £40, payments will ONLY be made by BACS and NO settlements will be made by cash from the Salerooms. The Auctioneer acts as agents only and do not accept responsibility for any default on the part of either the Buyer or the Vendor and shall not be liable for payment to the Vendor for any Lot or Lots until they have themselves received payment from the Purchaser. The Auctioneer reserves the right to retain any interest accrued on cleared net monies held to the order of the Vendor.
The Auctioneer reserves the right to refuse any goods if they are deemed unsuitable for sale. Any Lots left for valuation, but not accepted, must be collected within 48 hours or Storage Fees s hall be applied.
Any goods delivered to the saleroom without a delivery note and or a completed and signed Consignment Agreement will be rejected and or returned to the Vendor or its Agent at the Vendor’s costs.
The Auctioneer acts only as agent for the Vendor (unless otherwise specifically declared). Lots sold are likely to have been subject to wear and tear caused by user or the effects of age and may therefore have faults and imperfections. Buyers are given ample opportunity at viewing times to examine Lots to be sold and will be assumed to have done so. They must rely solely on their own skill or judgment as to whether Lots are fit for any particular purpose and not from any materials, descriptions or photography presented by the Auctioneer.
15. BIDS all bids made shall be treated as offers made upon these Conditions of Sale and all persons’ present are admitted to a sale on the basis that they have notice of these Conditions.
16. ASCERTAINMENT OF THE BUYER the Buyer shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. No bid may be retracted. In the case of a dispute the Auctioneer may either declare the purchaser or put the Lot up again.
17. AUCTIONEER’S DISCRETION the Auctioneer has sole discretion, (a) to refuse any bid, (b) to advance the bidding as he may decide, (c) to withdraw or divide any Lot or combine one Lot with another or others, (d) to exclude any person from the auction rooms, (e) to require pre-payment in full, and (f) to accept offers of not less than 90% of the agreed reserve.
18. RESERVES AND VENDOR’S RIGHT TO BID for Lots put up for sale are subject, (a) to any reserve price imposed by the Vendor, (b) the right of the Auctioneer to bid on behalf of the Vendor, and (c) where no reserve has been imposed (but in no other case) for the Vendor to bid personally or through any one agent. It is the responsibility of the Vendor to ensure any reserves are received by the Auctioneer prior to the commencement of the sale.
19. BUYER’S DUTIES the Buyer shall forthwith or as soon as possible after the sale, (a) supply his name, address and contact details, (b) supply, if so required, bank or other suitable references, (c) pay the full purchase price by the first Wednesday 6pm immediately after the sale in a way acceptable to the Auctioneer, notwithstanding any prior arrangement for advance payment required by the Auctioneer, and (d) on proof of payment clear the Lots purchased by the times specified. Lots may not be cleared during the sale except by permission of the Auctioneer.
20. LIABILITY OF THE AUCTIONEER AND VENDORS subject to Condition 20: (a) faults and imperfections (if any) are not stated in the catalogue and neither the Vendor nor the Auctioneer is responsible for any defects whatsoever, (b) no warranty is given or authorised to be given by the Vendor or the Auctioneer with regard to any Lot other than the Vendor’s right to sell it, (c) any express or implied conditions or warranties relating to description or quality, are hereby excluded.
21. CATALOGUE DESCRIPTIONS descriptive statements contained in the advertisements or catalogues or made up by the Auctioneer or any member of his staff should be taken as matters of opinion only, and shall not be taken as statement of fact.
22. FORGERIES notwithstanding Conditions 19 and 20, if the Auctioneer receives notice in writing from the Buyer WITHIN 7 DAYS OF THE SALE that in his opinion a Lot is a forgery (as defined in Definitions and Interpretations) and on giving such notification the Lot in question is returned to the Auctioneer at his working premises in the same condition as when bought, then if on considering such evidence as the Buyer supplies to prove his assertion, the Auctioneer decides that the Lot is a forgery the sale of the Lot will be rescinded and the purchase price repaid to the Buyer.
23. PROPERTY IN LOTS AND RISK the Buyer shall not become the owner of any Lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price in full together with any other fees due, but after the fall of the hammer the risk of damage or loss shall nevertheless be the Buyer’s.
24. THE BUYER’S PREMIUM the Buyer shall pay to the Auctioneer a premium of 24% of the hammer price inclusive of VAT on such premium. Live internet bidding incurs an additional charge of 3% on the hammer plus VAT. A 3% surcharge is levied on credit card payments (there is a maximum £9,000 limit when paying by credit card). No charge is levied when paying by debit card.
25. DEFAULT BY BUYER if the Buyer fails to make payment in a way acceptable to the Auctioneer or to remove any Lot or Lots bought by him by Wednesday 6pm after the auction or in any other material respect fail to comply with these conditions, the Auctioneer shall have the right, (a) to resell the Lot or Lots by public auction or otherwise without notice to the Buyer, and if any deficiency arises on such resale, after deducting the Auctioneer’s full costs and expenses, the Buyer shall be responsible to the Auctioneer therefore (but any net surplus to be the Vendor’s) or, alternatively, (b) to store the Lot at the Auctioneer’s premises or elsewhere and to release the Lot to the Buyer only after payment in full of the purchase price together with any other fees due. The Auctioneer reserves the right to charge storage of £5 per Lot per day for Small items and £10 per day for Large items on any Lot or Lots not collected by the Thursday 6pm after the sale or by the time specified in writing from the Auctioneer together with any removal expenses. In addition, interest will be charged at 2.5% per month or part thereof (34.4% APR) on any accounts that remain unpaid in part or full after Thursday 1pm after the sale. Interest and storage will be charged from the date of sale. In addition, the Buyer shall be liable for all legal and court costs incurred by the Auctioneers in pursuit of payment from the Buyer. The Auctioneer reserves the right to refuse any cheques and will not release Lots purchased until evidence has been received that any cheque or other payment method accepted has been cleared.
26. ARTISTS RESALE RIGHTS Certain art works may incur an Artists Resale Right royalty charge of 4% when sold with a hammer price of 1,000 euros (approx. £850) or more. Artists Resale Right royalties are not subject to VAT.
27. GENERAL TERMS
27.1. all images and other materials produced for the auction remain the copyright of the Auctioneer for use at its discretion;
27.2. notices to the Auctioneer should be in writing and addressed to the relevant department. Notices to the Vendor shall either be emailed or posted to the details provided by the Vendor; and
27.3. should any of these Conditions be held unenforceable for any reason, the remaining provisions shall remain in force and effect.
28. DATA PROTECTION
28.1. the Auctioneer will use information provided by its clients or obtained by the Auctioneer relating to its clients for the provision of auction related services, insurance, marketing and to manage and operate its business, or as required by law; the Auctioneer may wish to record and review video images of you and or telephone conversations for security or legal reasons or as necessary to provide a higher quality of service; and clients agree that the Auctioneer may use any sensitive information that they supply to the Auctioneer, unless by law, the Auctioneer will not process sensitive personal data without express written consent.
29. LAW AND JURISDICTION
29.1. Governing Law these Conditions of sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with English law, which shall apply to their construction as well as their effect; and Jurisdiction for the benefit of the Auctioneer, all Vendors and Buyers/Clients agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Business relate or apply. All parties agree that the Auctioneer shall retain the right to bring proceedings in any court other than the Courts of England.
29.2. Conditions of business are published in the sale catalogue and on our website and your attention is drawn to them.