Adam Partridge Ltd.
Auction conditions of business
A - GENERAL CONDITIONS
1 - Definitions
"the Auctioneer" means the representative of Adam Partridge Ltd conducting the auction.
"the Buyer" means the bidder (including a commission bidder under Condition 30) whom Adam Partridge Ltd has accepted by the fall of the auctioneer's hammer.
"the Catalogue" means any advertisement, brochure, price list or other publication relating to the auction published on behalf of Adam Partridge Ltd.
"Dangerous Substances" means any natural or artificial substance capable of causing harm to any living organism supported by the environment, or damaging the environment or public health or welfare.
"Environmental Law" means all laws, regulations, codes of practice, circulars, guidance notices and the like (whether in the UK or elsewhere) concerning the protection of human health or the environment or the conditions of the work place or the generation, transportation, storage, treatment or disposal of Dangerous Substances.
"Expenses" means Adam Partridge Ltd's charges for illustrations, special advertising, insurance, import, packing and freight and any other expenses and VAT on these amounts.
"Hammer Price" means the price at which a Lot is knocked down by the Auctioneer to the Buyer.
"Lot" means any item or items of any kind accepted by Adam Partridge Ltd with a view to its or their sale at auction;
"the Purchase Price" means the Hammer Price in pounds sterling together with any premium inclusive of VAT chargeable and additional charges and expenses due from a defaulting buyer under Condition 35;
"the Reserve" means the minimum Hammer Price set by the Vendor at which a Lot may be sold and otherwise subject to Condition 12;
"the Sale Proceeds" means the net amount due to the Vendor, being the Hammer Price less commission at the Stated Rates and Expenses and any other amounts due to Adam Partridge Ltd;
"the Vendor" means the seller or prospective seller of any Lot; "Special Goods" means boats, motor vehicles, firearms and mechanical and electrical goods;
"the Stated Rates" means Adam Partridge Ltd's published rates of commission for the time being and VAT;
"Storage Charges" means charges imposed by Adam Partridge Ltd in respect of the removal, storage and transportation of any Lot;
"VAT" means Value Added Tax.
1.2 - The heading and divisions in General Conditions, Vendor's Conditions and Buyer's Conditions in these Conditions are for convenience only and shall not affect their interpretation.
1.3 - In these Conditions the singular includes the plural and the masculine indicates the feminine and neuter.
2 - General
2.2 - Adam Partridge Ltd has the right to refuse admission to its premises or attendance at its auction by any person. All persons are admitted to Adam Partridge Ltd's premises to attend an auction on the basis that they have notice of these Conditions.
2.3 - The copyright in all illustrations and written matter (including the Catalogue) relating to each Lot is the absolute property of Adam Partridge Ltd and no person may use or copy the same without the prior written consent of Adam Partridge Ltd.
2.4 - Adam Partridge Ltd makes every effort to ensure that the Catalogue and description of the Lot are accurate but Adam Partridge Ltd makes no warranty to that effect.
2.5 - All Statements whether made verbally or in the Catalogue are statements of opinion only and neither Adam Partridge Ltd or its employees or agents will be responsible for the accuracy of any opinion given. Each Lot is sold by the Vendor with any and all errors of description, faults and imperfections.
2.6 - Adam Partridge Ltd has the right to divide any Lot or combine two or more Lots, refuse any bid, withdraw any Lot from auction or (in the case of dispute) put any Lot up for auction again. The Auctioneer shall have the right to advance the bidding as he may decide.
2.7.1 - Adam Partridge Ltd shall be under no liability for any damage or loss sustained by any person while on Adam Partridge Ltd's premises or while attending auctions conducted by Adam Partridge Ltd except for death or personal injury caused by the negligence of Adam Partridge Ltd, its employees and agents.
2.7.2 - Adam Partridge Ltd shall not be liable for any damage caused by the Vendor or the Buyer to third parties or their property while on Adam Partridge Ltd's premises or on any other premises from which Adam Partridge Ltd is conducting auctions.
2.8 - In the event of a sale after the auction of any Lot by private treaty the Vendor and the Buyer agree to be bound by these Conditions and any agreed special conditions of sale.
2.9 - These Conditions shall be the only terms applicable to the sale of any Lot at an auction conducted by Adam Partridge Ltd.
2.10 - Any notice by Adam Partridge Ltd to a Vendor, prospective Vendor, consignor, prospective bidder or Buyer may be delivered by hand, sent by first class mail or air mail or facsimile to the address last notified to Adam Partridge Ltd and shall be deemed to be received:
2.10.1 - if hand delivered, at the time of delivery;
2.10.2 - if sent by facsimile within 8 hours of transmission during business hours;
2.10.3 - if sent by mail within 48 hours of posting if posted to an address within the UK and 7 days of posting if posted to a country outside the UK.
B - VENDORS' TERMS & CONDITIONS
3 - Default
4 - Warranty of Title
4.2 - The Vendor warrants to Adam Partridge Ltd, its servants and agents and the Buyer against any loss or damage suffered in consequence of any breach of the above on the part of the Vendor.
4.3 - The Vendor warrants that all information supplied to Adam Partridge Ltd in connection with the Lot is accurate to the best of his knowledge, information and belief.
5 - Instructions
6 - Collection
6.2 - Adam Partridge Ltd will not collect goods for sale unless otherwise agreed and where Adam Partridge Ltd agrees to collect any such goods, the risk in such goods remains with the Vendor.
7 - Loss or Damage
8 - Storage
8.2 - Storage charges may apply at the rate of £5 per lot per day.
9 - Unsaleable Goods
10 - Right To Sell
11 - Risk of Loss or Damage
11.2 - Unless otherwise instructed in writing, all goods on Adam Partridge Ltd's premises and in their custody will be held insured against the risks of fire, theft following forcible entry, and water damage, but not against damage caused by humidity or temperature changes, inherent conditions or defects, error in processing, war, nuclear radiation or radioactive contamination. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the reserve; in the absence of a reserve or in the case of goods withdrawn prior to sale that which the specialist staff of Adam Partridge Ltd shall in their absolute discretion estimate to be the auction value of such goods.
11.3 - Adam Partridge Ltd shall not be responsible for accidental breakage, loss or damage unless caused directly by the negligence of their employees. In no event will Adam Partridge Ltd be liable for damage to glass or picture frames (or cleavage of stones) whether forming the whole or part of any Lot, or depreciation in value following repairable damage to any lot.
11.4 - In respect of any article delivered to Adam Partridge Ltd, if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Adam Partridge Ltd's interest as bailees in such policy or policies.
12 - Reserves
12.2 - All reserves are subject to 10% Auctioneers discretion. An unsold fee will be charged on items entered with unagreed reserves - this charge is 20% of the reserve with a minimum charge of £20 + VAT.
13 - Special Goods and Dangerous Substances
13.1.1 - they are safe (if used for the purpose for which they were designed) and free from
any defect which might cause personal injury or death; and
13.1.2 - they comply with all applicable legislation such as (but not limited to) the Health and Safety at Work Act 1974 as amended from time to time, Health and Safety Regulations and Dangerous Substances Regulations.
13.2.1 - the Vendor has obtained all requisite environmental licences and approvals
required by Environmental Law; and
13.2.2 - the vendor has complied with all the Environmental Law and Environmental licences, which are applicable to the dangerous substances.
13.4 - The Vendor acknowledges that Adam Partridge Ltd are the Vendor's agents and for the purposes of all legislation applicable to Special Goods and Dangerous Substances, including, but not limited to, Health and Safety legislation and regulations and Consumer Protection Act 1987, the Vendor acts as consignor and supplier.
13.5 - Adam Partridge Ltd reserve the right to make a minimum charge of £5.00 per item to have electrical goods checked by an electrician if required.
14 - Indemnity
15 - Value Added Tax
16 - The Auctioneers' Margin Scheme
17 - Commission
18 - Photographs and Illustrations
19 - Payment of Sale Proceeds to the Vendor
19.1 - The Sale Proceeds received from the buyer in cleared funds will be forwarded to Vendors no later than 28 working days after the auction. Where the Buyer makes a payment more than 23 working days after the auction we shall send to the vendors the Sale Proceeds within 5 working days of receipt of cleared funds. The Sale Proceeds are the hammer price less commission and expenses set out in the terms of business. The vendor waives any right to interest that may be earned during the period from payment by the buyer to receipt of the 'net sale proceeds' by the Vendor.
19.2 - Vendors should note that notwithstanding any other terms of these conditions, the vendor(s) may on certain circumstances be liable to Buyer(s) in respect of disputed catalogue descriptions, even though they have been made innocently and in good faith.
19.3 - If the Buyer fails to pay the Purchase Price within 28 working days of the auction, Adam Partridge Ltd will notify the Vendor who will instruct Adam Partridge Ltd as to the appropriate course of action to take and if in the opinion of Adam Partridge Ltd such action is practicable, it will endeavour to assist the Vendor to recover the Purchase Price, but Adam Partridge Ltd shall be under no obligation to institute proceedings against the Buyer in its own name. If Adam Partridge Ltd do not receive instructions from the Vendor or if in the opinion of Adam Partridge Ltd such proposed course of action is not practicable for whatever reason then Adam Partridge Ltd shall be entitled to:
19.3.1 - agree terms with the buyer for payment of the Purchase Price;
19.3.2 - where necessary, rescind the sale of the Lot and refund any monies paid by the Buyer
20 - Buyer's Premium
20.2 - The Vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer's right to retain the premium payable by the purchaser.
21 - Withdrawn Lots
21.2 - Upon withdrawal of the Lot/s, the Vendor shall arrange for the collection and removal of the same at his own expense on or before 2 working days after the date of withdrawal. If the Vendor fails to remove the lot within the specified time he shall pay storage charges at the rate of £5 per lot per day backdated to the date of withdrawal.
21.3 - Any legal fees, expert's fees and any other expenses that Adam Partridge Ltd may incur investigating any claim concerning ownership of the Lot shall be borne by the Vendor, who shall reimburse to Adam Partridge Ltd all such fees and other expenses on a full indemnity basis.
22 - Rescission of Sale
22.2 - If the Vendor has received any monies in respect of the sale of a Lot and that sale is rescinded as mentioned in condition 22.1, Adam Partridge Ltd has the right to recover such monies from the Vendor.
23 - Unsold Lots
23.2 - In the event that the Vendor fails to remove the Lot by the agreed time on the day following the auction, the Vendor shall pay to Adam Partridge Ltd the Storage Charges, as specified in conditions 8 & 10.
24 - Private Sales
25 - Post and Packaging
C - BUYER'S CONDITIONS
26 - Inspection
26.2 - Condition reports. All condition reports given are statements of opinion only and subject to conditions 2.4 and 2.5.
27 - The Buyer
27.2 - Every bidder at an auction run by Adam Partridge Ltd shall be deemed to act as principal unless prior to the start of the auction Adam Partridge Ltd has been given a written acknowledgment that a bidder is acting as agent for a named principal.
28 - Buyer's Premium
The buyer shall pay the Hammer Price together with a premium of 18% of the Hammer Price inclusive of VAT. This premium is payable by all buyers. The amount invoiced will be premium plus VAT (where VAT is chargeable) but this VAT will not normally be recoverable by the buyer. Any lot purchased through the services of ATG Media www.the-saleroom.com will be subject to a further charge of 3% of the hammer price in addition to the Buyer’s Premium (plus VAT). The Buyer also acknowledges that Adam Partridge Ltd may receive commission from the Seller in accordance with Condition 17 hereof.
29 - VAT
30 - Commission Bids
30.2 - In the event that Adam Partridge Ltd has received commission bids on a Lot for identical amounts and at auction those commission bids are the highest bids for the Lot, subject to Condition 27.1 and to Adam Partridge Ltd's ultimate discretion it shall be sold to the person whose commission bid was received first.
30.3 - Telephone bids can be arranged for items expected to realise at least £250 and are accepted at the Auctioneer's discretion. No liability rests with Adam Partridge Ltd.
31 - Title and Risk
31.2.1 - a contract of sale for the Lot in question is completed between the Buyer to which Adam Partridge Ltd is not a party and will not be liable for any breach thereof by either the Vendor or the Buyer.
31.2.2- the Lot will be at the sole risk of the Buyer who shall forthwith show his bidding registration card or give his full name and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Adam Partridge Ltd such proportion of the Purchase Price as the Auctioneer may require. Failure by the Buyer to do so may (at the Auctioneer's sole discretion) lead to the Lot being put up again and re-sold.
31.3 - Legal title to the Lot will not pass to the Buyer until the Purchase Price has been paid (and all monies cleared) in accordance with Condition 32.3. Adam Partridge Ltd shall be entitled to a lien on any Lot sold until the Purchase Price has been paid in accordance with Condition 32.3.
32 - Payment
32.2 - The Purchase Price must be paid to Adam Partridge Ltd not later than 48 hours following the auction.
32.3 - Full payment for all Lots must be made to Adam Partridge Ltd by means of banker’s draft, cash, certified cheque, debit or credit card in pounds sterling. Where the Buyer wishes to pay by cheque, the Lot will not be released to the Buyer until the cheque has been cleared unless arrangements have been made with Adam Partridge Ltd prior to the date of the auction. A 3% surcharge applies to credit card payments.
32.4 - Any payments by a Buyer to Adam Partridge Ltd may be applied by Adam Partridge Ltd towards or set off against any sums owing from that Buyer to Adam Partridge Ltd on any account whatever regardless of any directions of the Buyer or his agents whether express or implied.
33 - Removal of purchased Lots
33.2 - Subject to Condition 33.1, if the Buyer shall not remove (and arrange for transport/carriage) at his expense any Lot purchased by him within 2 days of the Sale, then the Buyer shall pay to Adam Partridge Ltd the Storage Charges.
34 - Responsibility for purchased Lots
34.2 - The Buyer of a Lot being a "motor vehicle" is responsible for complying with the provisions of the Road Traffic Act 1988 and all relevant regulations made thereunder (including the Motor Vehicles Construction and Use Regulations 1986) and statutory modifications thereof and for ensuring that any necessary test certificate is in force.
34.3 - The Buyer shall be solely responsible for obtaining any export licence or any other certificate or authority (including but not limited to a firearm certificate) required in connection with a Lot. Adam Partridge Ltd will not deliver Lots (being firearms) to Buyers without production of evidence of compliance with all UK firearm regulations.
34.4 - The Purchaser of any Lot containing Dangerous Substances agrees to comply with all Environmental Laws and the terms and conditions of all environmental licences and approvals required by Environmental Law, which are applicable to Dangerous Substances.
35 - Non-Payment or failure to collect
35.1 - issue legal proceedings against the Buyer for damages for breach of contract;
35.2 - Rescind the sale of the Lot and re-sell the Lot by auction, private treaty or any other means;
35.3 - charge the Buyer all the charges and expenses of the re-sale (including but not limited to) any commissions for the rescinded sale which remain unpaid and the deficiency (if any) between the Hammer Price of the resale and the Hammer Price of the rescinded sale;
35.4 - remove, store and insure the Lot at the expense of the Buyer;
35.5 - charge interest on the Purchase Price at a rate not exceeding 4% per month to the extent that it remains unpaid for more than 5 working days after the date of the auction;
35.6 - retain any Lot knocked down to the Buyer at the same time or any other auction until payment of a Purchase Price by the Buyer;
35.7 - exercise a lien on any other property of the Buyer in Adam Partridge Ltd's possession for any purpose;
35.8 - rescind the sale of that Lot or any other Lot knocked down to the Buyer at the same or any other auction;
35.9 - reject or ignore any bids made by or on behalf of the defaulting Buyer at any future auctions or obtain a deposit before accepting any bids from the Buyer in the future.
36 - Liability of Adam Partridge Ltd and the Seller
36.2 - Notwithstanding any other terms of these Conditions, if within two months after the sale Adam Partridge Ltd has received from the Buyer of any Lot notice in writing that in his view the Lot is a deliberate forgery and within one month after such notification the Buyer returns the same to Adam Partridge Ltd in the same condition as at the time of sale then the sale will be rescinded and any amount paid in respect of the Lot will be refunded. Provided that the Buyer shall have no right under this Condition if;-
36.2.1 - the Buyer is not able to satisfy Adam Partridge Ltd that the Lot is a deliberate
forgery on the basis of written evidence from experts;
36.2.2 - the only method of establishing at the date of publication of the Catalogue that the Lot was a deliberate forgery was by means of scientific processes not generally accepted for use until after publication of the Catalogue or a process which was unreasonably expensive or impractical, or;
36.2.3 - the Buyer is not able to transfer a good and marketable title to the Lot free from any third party claims;
36.4 - The benefit of this Condition shall not be assignable and shall only extend to the Buyer, being the person to whom the original invoice was made out by Adam Partridge Ltd in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership of that Lot.
37 - Photographs and Illustrations
38 - Client Money
39 - Droit de Suite Royalty Charges
It is entirely the responsibility of the Buyer to acquaint himself with the actual EURO to UK sterling exchange rate on the day of the sale in this regard. The actual qualifying threshold will be 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, and can be found on www.dacs.org.uk.
All items in this catalogue that are marked with 'D' are potentially qualifying items, and the royalty charge will be applied for if the hammer price achieved is more than the UK sterling equivalent of EURO 1,000. The royalty charge will be added to all relevant invoices, and must be paid before items can be cleared. All royalty charges are paid to the Design and Artists Copyright Society ('DACS'), no handling costs or additional fees with respect to these charges will be retained by the auctioneer.
The royalty charge that will be applied to qualifying items which achieve a hammer price of more than the UK sterling equivalent of EURO 1,000, but less than the UK sterling equivalent of EURO 50,000 is 4% payable by the buyer. For qualifying items that sell for more than the UK sterling equivalent of EURO 50,000 a sliding scale of royalty charges will apply - for a complete list of the royalty charges and threshold levels, please see www.dacs.org.uk. There is no VAT payable on this royalty charge.
For all question relating to the regulations regarding Droit de Suite royalty charges, please see www.dacs.org.uk, telephone +44 (0)845 410 3410, or email email@example.com.