PLEASE NOTE WE DO NOT UNDERTAKE ANY POSTAGE OR PACKING – CONTACT MAILBOXES, NEWCASTLE ON: 0191 222 0018.
Please note our buyer's commission is 25% plus VATand to bid via the-saleroom there is a 4.95% plus VAT charge
Terms and conditions:
Third Party Liability. Every person onAnderson & Garland Ltd.’s premises at anytime shall be deemed to be there at his own
risk. He shall have no claim against Anderson& Garland Ltd. in respect of any accidentwhich may occur or injury, damage or loss
howsoever caused, save insofar as the injury,damage or loss shall be caused by the directnegligence of Anderson & Garland Ltd.’s
employees.
GENERAL CONDITIONS OF SALE
1. Definitions.
In these Conditions Anderson& Garland Ltd. who act only asauctioneers and agents for the vendor,are called “The Auctioneers’’, and therepresentative of Anderson & GarlandLtd. conducting the auction is called “TheAuctioneer’’.
2. General.
Whilst Anderson & Garland Ltd.make every effort to ensure the accuracyof their catalogue and the description of
any lot:
(a) Each lot as set out in the catalogueor as divided or combined with anyother lot or lots is sold by the vendor
with all faults, imperfections anderrors of descriptions.
(b) Anderson & Garland Ltd. do notaccept responsibility for theauthenticity, attribution,genuineness, origin, authorship,
date, age, period, condition or qualityof any lot, unless they have beeninstructed in writing by the vendor
so to certify, and in such case theAuctioneers do so as agents of thevendor and are not themselvesresponsible for such claims.
(c) All statements, whether printed inthe catalogue or made orally, as toany of the matters set out in (b)above are statements of opiniononly and are not to be taken asbeing or implying any warranties orrepresentations of fact by Anderson& Garland Ltd., unless they havebeen instructed in writing by thevendor so to certify, and in suchcase the Auctioneers do so asagents of the vendor and are notthemselves responsible for suchclaims.
(d) Any claim under any Statute mustbe received in writing by theAuctioneer within ten days of theday of the sale.
3. The Auction.
(a) The Auctioneer has absolutediscretion to divide any lot, tocombine any two or more lots or towithdraw any lot or lots from the
sale, to refuse bids, regulate biddingor cancel the sale without in anycase giving any reason or withoutprevious notice. He may bid onbehalf of the vendor for all goodswhich are being offered subject toreserve or at the Auctioneer’sdiscretion.
(b) The highest bidder shall be the buyerexcept in the case of a dispute. Ifduring the auction the Auctioneerconsiders that a dispute has arisen,he has absolute discretion to settleit or to re-offer the lot. TheAuctioneer may at his sole discretiondetermine the advance of bidding orrefuse a bid.
(c) Each lot is put up for sale subject toany reserve price placed by thevendor. Where there is no reserveprice (but not otherwise) the sellerhas the right to bid either personallyor by any one person (who may bethe Auctioneer).
(d) All conditions, notices, descriptions,statements and other matters in thecatalogue and elsewhere concerningany lot are subject to anystatements modifying or affectingthe same made by the Auctioneerfrom the rostrum prior to any bidbeing accepted for the lot.
(e) Vehicles:Can all potential new bidders wishing to bid on a vehicle, please be aware that prior to the sale, they will need to provide full ID in the form of a driving licence/passport and a copy of a utility bill.
Agents buying on behalf of a third party must have written authority from their principal clearly stating their authorisation to bid.
We will also require a 10% deposit of the lower estimate at the time of registering, which can be done during the viewing period. If unsuccessful, then we will issue a refund immediately.
Please check further auction details as vehicles are usually but not exclusively sold at midday on auction day.
4. Rescission.
Notwithstanding any otherterms of these conditions, if within sevendays after the sale Anderson & GarlandLtd. have received from the buyer of anylot notice in writing that in his view the lotis a deliberate forgery and within fourteendays after such notification the buyerreturns the same to Anderson & GarlandLtd. in the same condition as at the timeof sale and by producing evidence, the
burden of proof to be upon the buyer,satisfies Anderson & Garland Ltd. thatconsidered in the light of the entry in thecatalogue the lot is a deliberate forgery,then the sale of the lot will be rescindedand the purchase price of the samerefunded. In the event of a dispute thenthe matter shall be settled by arbitration,the arbitrator to be nominated by thePresident of the Royal Institution of
Chartered Surveyors. Both the buyer andthe vendor agree to be bound by thedecision.
5. Default.
Anderson & Garland Ltd. disclaimresponsibility for default by either thebuyer or the vendor because they act asagents for the vendor only and thereforedo not pay out to the vendor untilpayment is received from the buyer.Instructions given by telephone are
accepted at the sender’s risk and mustbe confirmed in writing forthwith.
6. In the event of a sale by private treatyboth the vendor and the buyer agree tobe bound by the General and any Special
Conditions of Sale.
BUYERS CONDITIONS
7. Inspection.
Each buyer by making a bidfor a lot acknowledges that he hassatisfied himself fully before bidding byinspection or otherwise as to all the Saleconditions the physical condition of anddescription of the lot including but notrestricted to whether the lot is damaged
or has been repaired or restored.We will be happy to provide a condition report and additional images upon request.
7a. Photography Information.
Whilst everycare is taken to photograph lotsaccurately, it is only possible to giveapproximate representations in ourcatalogues, on our website andelsewhere.Images are for general guidance only, andcolours in particular will vary – especiallywhen viewed on a screen.Bidders are directed to item 7 of ourGeneral Conditions of Sale and areadvised to attend our viewing days.We cannot accept returns on the basis ofinaccuracies caused by the limitations ofphotographic reproduction.
8. Property and Risk.
Legal title will not passto the buyer until the lot(s) has been paidfor in full and the Auctioneers shall beentitled to a lien on any lot sold until thepurchase price (as defined in 11 below) ispaid in full however each lot is at the sole riskof the buyer from the fall of the hammer.Each buyer shall forthwith give his fullnames and permanent address and ifcalled upon to do so by the Auctioneer
shall forthwith pay to Anderson & GarlandLtd. such proportion of the purchase priceas the Auctioneer may require. If thebuyer fails to do so, the lot may at theAuctioneer’s sole discretion be put upagain and re-sold.
9. Every bidder shall be deemed to act asprincipal unless there is in force a writtenacknowledgement by Anderson & Garland
Ltd. that he acts as agent on behalf of anamed principal.
10. Removal of Goods.
(a) No purchase shall be claimed orremoved until it has been paid for andthe sale has been concluded. Allpurchases shall be paid for and removedat the buyer’s risk and expense by theend of the second working day following a Town & County sale or Specialist sale and by the end of the fifth working day following a Fine Art sale, failing which the Auctioneer shallnot be responsible if the same are lost,stolen, damaged or destroyed. Alllots not so removed shall remain at therisk of the buyer and at the end of our terms following the sale, goods not collected will be placed in a temporary storage area, the buyers account charged with £20 + VAT administration fee and will be subject to aminimum warehousing charge of £1 perlot per day after the fifth working day. If they are not paid for andremoved within seven days of the salethe Auctioneer may re-sell them byauction or privately without notice to thebuyer. Any liability which there may be onthe part of the Auctioneer in respect ofany loss shall be restricted to amaximum of the price paid by the buyerof the lot.
(b) Goods will only be released to thesuccessful bidder who can produce proofif identification. In the case of thirdparty/courier collection we will requirewritten instructions from the buyer whomust have paidprior to collection. Anybuyer paying by cheque must wait sevendays for funds to clear. We are unable to accept any card holder not present transactions ie telephone payments or card details via email - should you wish to pay with a card please use the facility on our website or call into the auction house in person.
(c) In the event of any failure of thebuyers to comply with any of the aboveconditions the damages recoverable bythe seller or the Auctioneers from thedefaulter shall include any loss arising onany re-sale of the lot, together with thecharges and expenses in respect of bothsales, and together with interest at 2%above Barclays Bank PLC Base Rate uponthe price of any lot which has not beenpaid for withinseven working daysof the sale, andany money deposited in part paymentshall be held by the Auctioneers onaccount of any liability of the defaulter tothem or to the seller. Chequesdrawn by third parties, whether in theAuctioneer’s favour or requiringendorsem*nt, cannot be accepted.
(d) Although Anderson & Garland Ltd. do not offer a post and packing service they are pleased to recommend Mailboxes etc. Newcastle who can be contacted by email info@mbenewcastle.co.uk or telephone 0191 222 0018.
11. Purchase Price.
The purchaser shall paythe hammer price together with apremium of 25% of the hammer price(adjusted for VAT as necessary). Thepremium at the appropriate rate ispayable by all purchasers. The amountinvoiced will be the hammer price plus premiumadjusted forVAT (whereVAT is chargeable) but the VAT will notnormally be recoverable by the buyer. This will be applied at the point of sale and an invoice will be issued to thebuyer which will be marked as paid upon receipt of payment in full.The vendor authorises theAuctioneer to deduct commission andexpenses at the stated rates from thehammer price and acknowledges theAuctioneer’s right to retain the premiumpayable by the purchaser.
IMPORTANT NOTES FOR BUYERS
BIDS
We will be pleased to execute bids on behalfof intending buyers, and no charge is madefor this service. Lots will be purchased as
cheaply as permitted by other bids andreserves. Bids must be submitted to theCommissions Department at least half an
hour before the sale commences, and shouldbe entered on the forms provided. Bids left bytelephone or e-mail will be accepted only on thecondition that they are at the sender’s risk,and in the case of verbal instructionsmust in any case be confirmed in writing.
TELEPHONE BIDS
Telephone bidding is not currently available for Homes & Interiors Auctions.
EXPORT LICENSING REGULATIONS
FOR WORKS OF ART, ANTIQUES,
COLLECTORS’ ITEMS AND
FIREARMS
In general, an export licence is required for theexport of any item manufactured or producedmore than 50 years (60 years in the case ofphotographic positives and negatives) beforethe date of exportation which falls within anyof the following categories:
(a) its value exceeds £20,000* or, in thecase of photographs and photographalbums exceed £500*; or(b) British historical portraits having avalue of £5,000* or more; or
(c) documents, manuscripts or archives(other than printed books) includingarchitectural, scientific or engineeringdrawings to scale produced by handof any value; or
(d) archaeological items.(*inclusive of the buyer’s premiumand VAT)
NOTE: Archaeological items include any itemwhich has been recovered at any time fromthe soil of the United Kingdom or from the
bed of any lake, river, stream or other area ofwater therein or from the bed of the seawithin the territorial waters of the UnitedKingdom (other than coins or articlesrecovered only after burial or concealment ata date less than 50 years before the date ofexportation).
FIREARMS: An export licence is required forall types of firearm, rifles, pistols, shotgunsand firearms of all types not more than 00
years old irrespective of value. However,firearms over 100 years old may still require acertificate for possession in the U.K.
IMPORTANT NOTICE
Droit de Suite Royalty Charges
From 1st January 2012 all UK art market professionals (which includes, but is not limited to: auctioneers, dealers, galleries, agents and other intermediaries) are required to collect a royalty payment for all works of art that have been produced by living artists and works by artists who have died within the last 70 years (following the existing term of copyright). This is an extension of the previous legislation. Please note that payment of a royalty is not required in every case and will only be collected when the hammer price equals or exceeds £1,000. The threshold level is for estimation purposes only, and the auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated. 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 the sale and can be found on www.dacs.org.uk. All items in this catalogue that are marked with ‘ä’ are potentially qualifying items, and the royalty charge will be applied if the hammer price achieved is more than £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 £1,000, but less than £50,000 is 4%. For qualifying items that sell for more than £50,000 a sliding scale of royalty charges will apply - for a complete list of the royalty charges and threshold levels, please seewww.dacs.org.uk. There is no VAT payable on this royalty charge. For all questions relating to the regulations regarding Droit de Suite royalty charges, please see www.dacs.org.uk, telephone+44 (0) 845 410 3410, or emailarr@dacs.org.uk.
Changes to ARR from 1st April 2024:
- All ARR payments will be calculated in Pounds.
- The maximum ARR royalty is capped at £12,500.
- The payment thresholds and percentages will remain the same.
LIVE AUCTION CARD
USERS
In completing the bidder registration onwww.the-saleroom.com and providing yourcard details and unless alternativearrangements are agreed with Anderson &Garland Ltd. you
(i) authorise Anderson & Garland Ltd., if theyso wish, to charge the card given inpartor full payment, including all fees, for itemssuccessfully purchased in the sale via thesaleroom.com, and
(ii) confirm that you are authorised to providethese card details to Anderson &Garland Ltd. through www.the-saleroom.com
and agree that Anderson & Garland Ltd. areentitled torelease goods for shipmentto the cardholder name and card holder address providedin fulfilment of the sale
