Sworders Modern British & 20th Century Art 20 April 2021
137 TERMS AND CONDITIONS 1. INFORMATION FOR BUYERS Introduction The following notes are intended to assist Bidders and Buyers, particularly those that are inexperienced or new to our salerooms. All of our auctions are governed by our Terms and Conditions and any notices that are displayed in our salerooms or announced by the Auctioneer at the auction. Our Terms and Conditions are available for inspection at our salerooms and the Terms of Sale are printed in the back of our auction catalogues. Our staff will be happy to help you if there is anything in our Terms and Conditions that you do not fully understand. Please make sure that you read our Terms of Sale carefully before bidding in the auction. If your bid is successful, you will be obliged to comply with our Terms of Sale. Methods of payment Lots must be paid for before they are collected or shipped. For those attending the auction we ask that Lots are paid for on the day of the sale. Methods by which we accept payment are detailed on our Website, including online payment upon receipt of your invoice, and these should be paid by 5pm on the Friday following the sale. We accept cash to an upper limit of 10,000 euros equivalent. We accept credit card payments to an upper limit of £5,000. Usually any cheques will need to be cleared before you can take the Goods away. Collection and storage All Lots should be paid for and collected by 5pm on the Friday following the sale. Commission Bidders should check the success of their bids and arrange payment, and collection or shipping within this time. For our specialist auctions please refer to the collection and storage requirements detailed in the catalogue and on our Website, which specifies the applicable fees. For our Homes and Interiors auctions, items not removed by 5pm on Friday may be removed at the purchaser’s expense and storage charges of £10 (plus VAT) for administration and £2 (plus VAT) per lot per day. Agency As Auctioneers we usually act on behalf of the Seller whose identity, for reasons of confidentiality, is not normally disclosed. If you buy at auction your contract for the Goods is with the Seller, not with us as Auctioneer. Estimates Estimates are designed to help you gauge what sort of sum might be involved for the purchase of a particular Lot. Estimates may change and should not be thought of as the sale Price. The lower estimate may represent the Reserve Price (the minimum Price for which a Lot may be sold) and will not be below the Reserve Price. Estimates do not include the Buyer’s Premium or VAT (where chargeable). Estimates are prepared some time before the auction and may be altered by a saleroom notice or announcement by the Auctioneer before the auction of the Lot. They are not definitive. Buyer’s Premium The Terms of Sale oblige you to pay a Buyer’s Premium at 25% on the Hammer Price of each Lot purchased, except for our Fine Wine and Port auctions when it is 15%. In addition, VAT is charged on these Premiums (see below). VAT Items in our catalogue may be marked with a dagger † or double dagger ‡, which indicates that VAT is payable by the Buyer on the Hammer Price and the Buyer’s Premium at either the standard rate (currently 20%) or a reduced rate (currently 5%), depending upon the legal requirements relating to that Lot. Lots which do not have either of the above symbols have no VAT payable on the Hammer Price. This is because such Lots are sold using the Auctioneers’ Margin Scheme. The VAT included within the Premium is not recoverable as input tax. Shipping Costs are liable for VAT and are payable by the Buyer. Inspection of Goods by the Buyer As we act on behalf of the Seller, we are dependent on information provided by the Seller about their Goods. We may inspect Lots and will act reasonably in taking a general view about them. However, we are normally unable to carry out detailed examinations of Lots to check their condition in the way a Buyer would do. You will have ample opportunity to inspect the Goods. You must inspect and investigate Lots that you might wish to bid for. Please note carefully the exclusion of liability for the condition of Lots set out in the Terms of Sale at clause 12.4. Condition reports We may be able to assist Buyers unable to view by emailing a condition report, but these are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending Buyers are strongly encouraged to view. Condition reports cannot be prepared on the day of the sale. Shipping of Goods We offer a delivery service for Lots purchased. Estimates for Shipping Costs for smaller items can be calculated pre-sale on our website under each Lot and are based on value, size and your chosen UK destination. For items purchased the actual cost can be added to your account and paid online after the sale. If you purchase multiple Lots from the same auction, we will combine packaging/deliveries to reduce the Shipping Costs. For lots for which Shipping Costs cannot be automatically calculated, such as furniture, you can obtain a bespoke Shipping Cost from our website to any destination in the world either in advance of the sale or after you have purchased. Estimates of Shipping Costs on our website are based on the low estimate, whilst the actual cost is based on Hammer Price. Electrical goods These are sold as ‘antiques’ only. If you buy electrical Goods for use you must ask a qualified electrician to check them for compliance with safety regulations before you use them. Export of Goods If you intend to export Goods you must find out: a. whether an export licence is needed; and b. if there is a prohibition on importing Goods of that character e.g. because the Goods contain prohibited materials such as ivory. Bidding Bidders will be required to register with us before the auction starts. We Reserve the right to impose a deadline prior to the auction by which you must register or by which we must receive a Commission bid. If you wish to bid on high value Lots this deadline may be several days before the auction in order to allow us sufficient time to carry out the necessary checks. Lots will be invoiced to the name and address on the registration form. You will need to provide us with proof of your identity in a form acceptable to us and such other information as we may require. Please enquire in advance about our arrangements for telephone or online bidding. Please note that we may refuse to register you if you do not provide us with all the information and documentation that we ask for or at our discretion. Commission bidding You may leave Commission bids with us indicating the maximum amount to be bid against a Lot (excluding the Buyers’ Premium and/or any applicable VAT). We will execute Commission bids as cheaply as possible having regard to the Reserve (if any) and competing bids. If two Buyers submit identical Commission bids we may prefer the first bid received (where this can be reasonably ascertained). We recommend leaving Commission bids online via our Website, though please contact us about leaving bids by telephone or fax/email. All absentee bids should be received at least 30 minutes before the auction commences; we cannot guarantee to execute Commission bids received after this time. Telephone bidding If you are unable to come to the auction it may be possible to bid on the telephone for higher value Lots. Please note that this service is for Lots with an estimate of £500 or more. The number of lines is limited so we would urge serious telephone bidding only and ask that you be prepared to bid over the top estimate. It is advisable to leave a maximum covering bid in case we are not able to contact you by telephone. All lines must be booked and confirmed in writing before the day of the auction and preferably some time in advance. Telephone bidding involves many variables and whilst we take every care to ensure the smooth operation of this service, we cannot be held liable if your bids are missed for any reason. Online bidding Any Lots purchased via a live online bidding service will be subject to an additional Commission charge on the Hammer Price payable by the Bidder, in accordance with rates specified by the online service. From 1 January 2020, these charges will be charged at 0% while bidding via Sworders Website. If bidding through the-saleroom.com this will be charged at 4.95% plus VAT. These charges will be payable to us on top of the Hammer Price and our Buyer’s Commission. IMPORTANT NOTICES Removal of Lots All Lots are to be removed from the premises by 5.00pm at the latest on the Friday following each sale. Sworders retain the right to remove Lots remaining after this time into safe storage, for which a charge will be made. Electrical Goods All electrical Goods offered in this sale have either been tested and certified safe or unsafe by an appropriately qualified electrician. All electrical Goods certified safe must be re-Commissioned by an appropriately qualified electrician and we recommend those certified safe are similarly re-Commissioned. Post 1950 Upholstered Furniture All items of furniture included in this sale are offered for sale as works of art. The items may not comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and for this reason, they should not be used in a private dwelling. Furniture made of Brazilian Rosewood (Dalbergia Negra) To comply with CITES Regulations on Post-1947 furniture made of Brazilian Rosewood, all post-war rosewood furniture items have Article 10 certificates. If you are purchasing rosewood furniture for commercial purposes and not solely for your own use, CITES regulations require you to obtain your own certificate. You would need to contact the Animal Health and Veterinary Laboratories Agency (‘AHVLA’) and, as part of the process of obtaining your document, it is a requirement that you have seen sight of the Sworders’ certificate or are aware of its reference number. It is therefore the responsibility of commercial Buyers to ensure that they obtain a copy of the appropriate certificate, or the certificate reference number, after purchase from Sworders Fine Art Auctioneers. Items are marked with this sign §.