1.

Definitions. In these conditions Hampton & Littlewood Limited who act only as auctioneers and agent for the vendor, is called the ‘Company’, and the representative of the Company conducting the auction is called the ‘Auctioneer’.

2.

General. Whilst the Company makes every effort to ensure the accuracy of their catalogues and the description of any lot:

(a)

Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of description.

(b)

The Company does not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot.

(c)

All statements, whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Company, unless they have been instructed in writing by the vendor so to certify, and in such case the Company does so as agent of the vendor and is not itself responsible for such claims.

(d)

Any claim under any statute must be  received in writing by the Company within ten days of the day of the sale.

3.

Copyright. The copyright of the text, photographs and illustrations contained in catalogues and other publicity material shall rest in the Company. Where the vendor provides the text, photographs and illustrations for publication the vendor warrants that the use is authorized by the copyright owner and indemnifies the Company against claims and costs arising from wrongful use.

4.

The Auction

(a)

The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.

(b)

The highest bidder shall be the buyer. The auctioneer shall be solely responsible for the regulation and control of the bidding. If during

(c)

Each lot is put up for sale subject to any reserve price placed by the vendor. Where no reserve has been placed (but not otherwise) the vendor has the right to bid either personally or by any one person on his behalf (who may be the Auctioneer).

(d)

) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.

5.

Default

The Company disclaims responsibility for default by either the buyer or the vendor, because it acts as agent for the vendor and therefore does not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.

6.

Rescission. Notwithstanding any other terms of these conditions, if within three months after the sale the buyer of any lots serves formal notice alleging that the lot is a deliberate forgery and returns the lot to the Company in the same condition at the time of the sale and produces evidence acceptable to the Company that the lot is a deliberate forgery, then the sale of the lot will be rescinded. The Company will reimburse the buyer for the amount paid for the lot within seven days of the vendor refunding to the Company the net proceeds of the sale. Any dispute between vendor and buyer relating to goods consigned to the Company for sale, including rescission which cannot be settled by agreement shall be settled by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors. The vendor and the buyer shall be bound by the decision of the arbitrator including the incidence of costs.

7.

Private Treaty. If an item is sold by private treaty, both the vendor and the buyer agree to be bound by the general and any special conditions of sale.

8.

Third Party Liability. Every person on the Company’s premises at any time shall be deemed to be there at his/her own risk. He/she shall have no claim against the Company in respect of any accident which may occur or injury, damage or loss however caused, save in so far as the injury, damage or loss shall be caused by the direct negligence of the Company’s employees.

Vendor’s Conditions

9.

Instructions. As the Company is an auctioneer all goods delivered to the Company’s premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold by the Company without reserve and accepted by the Company subject to all the sale conditions. By delivering the goods to the Company for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions.

If the lot is withdrawn from sale by the Company on the grounds that it believes that the reserve placed on that lot by the vendor is unreasonable or because the Company believes that the vendor has described the lot to the Company incorrectly then withdrawal fees of 10% of the requested reserve or in the absence of a reserve  of 10% of the Company’s estimate of the auction value of the lot shall be payable by the vendor to the Company.

10.

Collections and  Returns. The Company does not itself usually undertake the collection of goods. It will if requested in writing, instruct a contractor on the vendors behalf in their capacity as agents. The Company disclaims all responsibility for loss or damage to goods or for unauthorized removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of the sale.

11.

Loss or Damage. The Company disclaims all responsibility or loss or damage to goods or for the unauthorized removal of goods unless caused by the direct negligence of its employees.

12.

Storage. The Company reserves the right to store or arrange for the storage of goods delivered to it for sale either on its own premises or elsewhere at its sole discretion. The Company exempts itself from any liability for loss or damage to goods delivered to its salerooms without sufficient sale instructions and reserves the right to make a minimum storage charge of two pounds per day for such goods (unless the loss or damage is caused by the negligence of its employees).

13.

Right to sell. If goods are not removed within seven days of a request that they be so, sent by recorded delivery letter from the Company to the vendor at the address shown on the Auction Contract, the Company shall be entitled to sell such goods to defray all amounts due from the vendor including storage charges without further notice to the vendor.

14.

Insurance. All goods held in the Company’s custody will be insured against the risk of fire, burglary, water damage and accidental damage except for damage to picture frames and glass or for damage caused by woodworm or changes in atmospheric conditions. For this facility the Company shall charge the vendor 1.5% plus VAT of the hammer price of a lot or the value a lot might have achieved as assessed by the auctioneer. The value of the goods concerned shall be the net proceeds of sale or the assessed value net of charges.

15.

Reserves. All goods are put up for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserves are received by the Company prior to the commencement of the sale.

In the event of any reserve price not being reached at auction the Company is empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on the Company’s premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.

16.

Indemnity. The vendor shall duly indemnify the Company, its agents, employees and the auctioneer against any claims in connection with any goods sold by the Company on the vendor’s behalf.

17.

Value Added Tax. Vendors selling any assets of their business through the Company must disclose to the Company at the time the items are submitted for sale whether they are registered for VAT. They must also disclose at that time their VAT registration number and whether the items are being sold under the dealer’s margin scheme for second hand goods, works of art, antiques and collectors items. The vendor warrants that he/she has advised the Company in full as required under this clause and fully indemnifies the Company in respect of any errors or penalties which may occur as a result of the Company acting in accordance with the information given by the vendor. The vendor undertakes to inform the Company immediately of any change of VAT status or registration number and acknowledges that no alterations affecting the VAT treatment of the items shall be made by the Company after the items have been catalogued for sale. For goods sold under the VAT Auctioneers Scheme, the Company will not reclaim any VAT input tax in respect of the hammer price of goods sold on behalf of VAT registered vendors.

18.

The vendor authorizes the Company to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Company’s right to retain any premium payable by the purchaser.

19.

Settlement. Settlement of the net sale proceeds, being the hammer price (adjusted for VAT as appropriate) less the Company’s charges to the vendor and VAT thereon as appropriate, will only be made by means of a crossed account payee only cheque drawn in sterling on an account at a United Kingdom clearing bank. Any alterations to the payment instructions given by the vendor should be received by the Company at least seven days before the normal date of payment to the vendor for the relevant sale. Payment will be made to the vendor approximately 21 days after the date of the sale provided settlement has been received in full from the buyer. If settlement has not been received in full from the buyer by this date , then payment will be made to the vendor approximately seven days after payment is received.

If the buyer has not paid within 21 days of the  auction then the Company will endeavour to obtain instructions from the vendor as to how to proceed. Notwithstanding the absence of such instruction, the vendor hereby authorizes the Company at the cost of the vendor to take such reasonable action as the Company in its absolute discretion deems necessary to obtain settlement from the buyer or if necessary to cancel the sale and refund the monies paid on account to the buyer.

In cases where a buyer owes the Company money in respect of lots purchased from more than one vendor at one or more sales, the Company shall have absolute discretion to allocate any payments which it might receive from that buyer against the balances outstanding in respect of those lots purchased by that buyer.

The Company reserves the right to allocate the proceeds from the sale of goods referred to in this contract to any outstanding purchases in the name of the vendor which have not been paid in accordance with its standard conditions of sale.

20.

Charges.

(a)

Commission. Commission to the vendor for selling is 10% of the hammer price for individual lots selling for more than 1000 pounds and 15% for lots selling for 1000 pounds or less, unless shown otherwise on the signed Auction Contract.

(b)

Unsold Lots. If a lot is unsold at auction a charge equal to 5% of the reserve for that lot will be made if the Company has advised the vendor prior to the sale that that reserve is excessive in the Company’s opinion. Any unsold lots will be re-offered for sale at the Auctioneers discretion without reserve unless the Company has requested the vendor to collect the lot.

(c)

Withdrawal Fees. Withdrawal fees on lots withdrawn prior to the sale are 10% of the reserve (or where no reserve has been stated, 10% of the estimated auction value as assessed by the specialist staff of the Company in their absolute discretion).

(d)

Illustration Fees. These will be charged at the current rate.

(e)

Insurance. Unless the Company have been instructed otherwise in writing by the vendor, all goods will be held insured by the Company. Withdrawn lots and unsold lots are subject to insurance and other charges where applicable.

(f)

VAT on Charges. The above rates of charge and fees are net of VAT, which will be payable at the appropriate rate in addition to the amounts shown. All charges made to vendors will appear on vendor settlement statements and invoices

21.

Inspection.  Each buyer by making a bid for a lot acknowledges that he/she has satisfied themselves fully before bidding by inspection of otherwise as to all the sale conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.

22.

Property And Risk.  Legal title will not pass to the buyer until the lot(s) has been paid for in full, but each lot is at the sole risk of the buyer at the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the auctioneer shall forthwith pay to the company such proportion of the purchase price as the company may require. If the buyer    fails to do so, the lot may at the Company’s discretion be put up again and re-sold.

23.

Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by the company that he acts as agent on behalf of a named principal.

24.

Removal of Goods.  No purchase shall be claimed or removed until it has been paid for in full and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense at the end of the second working day after the sale, failing which the Company shall no be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a warehousing charge. If they are not paid for and removed within seven working days of the sale the Company may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Company in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.

In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the auctioneer from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and any money deposited in part payment shall be held by the Company on account of the liability of the defaulter to them or to the seller. The Company is unable to accept payment from successful bidders other than in cash, by certain debit and credit cards (as stated below in clause 26), by the buyer’s own cheque drawn on an account at a UK clearing bank or by direct transfer of cleared funds into the Company’s nominated bank account. Cheques drawn by third parties, whether in the Company’s favour or requiring endorsement, cannot be accepted.

25.

Purchase Price/Buyers Premium.  The purchaser shall pay the hammer price together with a premium of 17.5% of the hammer price. The premium attract VAT at the standard rate and is payable by all purchasers. The vendor authorizes the Company to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Company’s right to retain the premium payable by the purchaser.

26.

Payment By Debit/Credit Card.  The Company is able to accept payment by Visa, Switch or Delta cards and by Mastercard or Visa Credit Cards. No charge will be made in respect of payments made by Visa, Switch or Delta Debit Cards. However, a surcharge equal to 1.76% (inclusive of VAT at the standard rate) of the amount will be levied in respect of payments by Mastercard or Visa credit cards. The Company regrets that it is not able to accept payment by other credit or debit cards.

METHODS OF PAYMENT 

If you have not bought with Hampton and Littlewood before, please make arrangements for payment prior to the sale.

1.

Cash

2.

Cheque - Cheques should be made payable to 'Hampton and Littlewood Ltd'. Cheques not supported by a cheque card valid for the amount due must be cleared before purchases can be released. This usually takes at least five working days.

3.

Debit Cards

Delta, Switch and Connect debit cards are accepted.

4.

Credit Cards

We are able to accept payment by Visa or Mastercard only. Please note these payments carry a surcharge.

5.

BANK TRANSFER

Bank details will be given on request with the office.

Please note that all our sales are subject to our Standard Terms and Conditions of Sale, copies of which are displayed in the saleroom and are available on request. If we can assist in any way please do not hesitate to ask a member of staff.

WRAPPING, PACKING AND DESPATCH 

Competitive rates have been negotiated with Mail Boxes Etc., specialist in the provision of wrapping, packing and despatch services to the Antiques and Fine Art business sector. They provide for all services for lots purchased from our saleroom.

Unfortunately, Hampton and Littlewood are unable to provide any other wrapping, packing and despatch service of their own.

Mail Boxes Etc. collect items weekly from our saleroom, though special collections can be arranged if required. They offer a professional, domestic and International service by post, courier, road, air and sea, depending on the lot size, destination and speed required. Bespoke cases can also be made up for your lot or lots.

While indicative pricing is always obtainable by contacting Mail Boxes Etc., firm pricing is agreed after wrapping and packing prior to despatch.

The minimum cost with Mail Boxes Etc. is £24.50 plus VAT, which will include collection, professional wrapping, packing and domestic delivery. Payment can be made with all major credit and debit cards.

Insurance

Full comprehensive transit insurance is available at a cost of £5.50 per £1000 value.For any further information please call the team at Mail Boxes Etc., telephone 01752 257224 or email info@mbeplymouth.co.uk.Telephone 0800 783 1381 Facsimile 01752 257225 Web: www.mbeplymouth.co.uk.

GLOSSARY OF PICTURE CATALOGUING TERMS 

A work catalogued with the forename(s) and surname or recognised designation of an artist in our opinion is or probably is a work by the artist, e.g. THOMAS LUNY. Nevertheless, intending buyers are reminded that, while a full designation is our highest category of authenticity, no unqualified statement as to authorship is made or intended. A full cataloguing does not necessarily imply a full warranty.

Attributed to THOMAS LUNY in our opinion a work of the period of the artist which may be in whole or in part the work of the artist.

Studio of THOMAS LUNY in our opinion a work by an unknown hand, which may have been executed in the studio of the artist.

Circle of THOMAS LUNY in our opinion a work from the period of the artist and showing his influence.

Follower of THOMAS LUNY in our opinion a work executed in the style of the artist but not necessarily by a pupil.

Manner of THOMAS LUNY in our opinion a work executed in the style of the artist but of a later date.

After THOMAS LUNY in our opinion a copy of any date after a work by the artist.

Signed/inscribed/dated in our opinion the work has been signed/inscribed/dated by the artist.

Bears\with signature/inscription/date in our opinion the signature/inscription/date are not by the hand of the named artist.

The term 'ascribed to' may in certain cases be used to denote a traditional attribution based on style, though this attribution is not necessarily confirmed by the auctioneers.

A work catalogued as 'School' accompanied by the name of a place or country and a date means that in our opinion the work was executed at that time and in that location, e.g. English School Circa 1700.

All references to signatures, inscriptions and dates refer to the present state of the work, i.e. as at the time of inspection for the purpose of cataloguing.

Important Information for Buyers 

Estimates

The estimated purchase price of each lot is printed beside the lot description. These estimates are prepared well in advance of the sale and may be subject to revision. They are not definitive and do not include the Buyer's Premium (or VAT, when this is charged on the hammer price, as indicated by the symbol*, see below).

Buyer's Premium

There is a buyer's premium of 17.5% payable on the hammer price of all lots. This is subject to VAT at the standard rate. (Please note VAT is not payable on purchases of books).

VAT

Lots marked with a * indicates that VAT at the standard rate (presently 17.5%) is payable by the purchaser on the hammer price.

Bidding

All potential buyers will need to register on the day of sale and collect a bidding number. Please note that proof of identification will be required in order to register.

Absentee Bidding

If you are unable to attend the sale then bids may be left with the auctioneer, up to one hour prior to the commencement of the sale, indicating the maximum amount to be bid. This does not include the buyer's premium. These bids will be executed as cheaply as possible allowing for other bids or reserves (if any). In the event of two identical bids being left then the first bid received takes precedence. On lots of higher value it is usually possible to bid on the telephone, however due to limited lines it is advisable to arrange this with the office as soon as possible to avoid disappointment.

All telephone bids must be booked by 5.30pm on the day prior to the sale.

Damaged and Restored Lots

All intending buyers are to satisfy themselves fully as to the condition of each lot (see clause 21 of the conditions of sale). Please note that the absence from the lot description of any condition notes does not imply that the lot is in perfect condition.

Condition Reports

To assist buyers unable to attend we would be pleased to provide a condition report on any lot where practical. Please note that these reports are for guidance only and no responsibility is accepted for their accuracy.

Electrical Goods

All electrical goods are sold on the basis of decorative value only. It is essential that they are checked by a qualified electrician before use to comply with the current safety regulations.

Clearance

All purchases must be paid for in full before they can be released (see methods of payment). In order to avoid incurring removal and storage charges it is important that goods are paid for and collected promptly.