Minster Auctions Ltd
General Conditions of Sale
Minster Auctions Ltd are referred to as “Minster Auctions”, “we”, “us” or “our” throughout these Conditions. A representative of Minster Auctions conducting an auction is referred to as the Auctioneer. These definitions apply to these Conditions and to the buyer’s information form. Auctioneers’ Margin Scheme – As described at clause 20. Buyer – the highest bidder on a Lot as determined by the Auctioneer. Buyer’s Premium – percentage of the Hammer Price added to the Hammer Price payable to Minster Auctions as set out in clause 28. Conditions – These Terms of Business including the Buyers’ Information form. Condition Report – a report conducted by us as to the condition of a Lot upon written request from a Prospective Buyer following the guidance found in the How to buy section. Sale – a purchase by the Buyer of a Lot from the Seller. Prospective Buyer – any person registering an interest in making a purchase of a Lot. Day of Sale – the date upon which an auction takes place for a Lot. Lot(s) – An item offered for sale by a Seller at an auction conducted at our premises by an Auctioneer. Hammer Price – the final price bid by a Prospective Buyer prior to the Auctioneer concluding an auction. View Day or Days – a day determined at our discretion for Prospective Buyers to view Lots. Time allocated for viewing will be determined according to the size and nature of the Lots.
Minster Auctions act throughout as agents only and we cannot be held responsible for any default by Buyers.
3. Attribution and Condition of Lots
Reasonable endeavours are made to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot whether or not such statement forms part of the description of any such lot. Whether any such statement is made orally or in the catalogue it is merely an expression of opinion given by us. Each Prospective Buyer by making a bid for a Lot acknowledges that they have satisfied themselves fully as to the attribution and condition of the Lot. We make no warranty or representation as to the condition or attribution of any Lot. In respect of pictures, these have not been removed from their frames unless specifically mentioned in the Condition Report. We accept no liability for any damage for any lot arising during the viewing, during the sale or after the sale. We act as agents only. Forgery: Any Lot that proves to be a deliberate forgery may be returned to Minster Auctions by the Buyer within 14 days of the Sale provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If Minster Auctions are satisfied from the evidence presented that the Lot is a deliberate forgery Minster Auctions shall refund the amount paid (including Buyer’s Premium and VAT) unless:
(a) if the catalogue description or condition report reflected the accepted view of scholars and experts at the time of the sale; or
(b) you are unable to transfer a good and marketable title to us, you shall have no rights under this condition.
Nothing in these Conditions limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quit possession). Subject to this clause, our total liability to either the Buyer or the Seller (as appropriate) shall not exceed the value of the Lot sold by the Seller to the Buyer. The following types of loss are wholly excluded by us:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill; and
(f) indirect or consequential loss.
Any dispute not herein proved for shall be settled at the sole discretion of Minster Auctions.
Minster Auctions shall have the right, at their discretion, to refuse admission to their premises or attendance at their auctions by any person. No party shall be in breach of these Conditions nor liable for the delay in performing, or failure to perform, any of its obligations under these Conditions (or otherwise) if such delay or failure results from events, circumstances or causes beyond its reasonable control. The Conditions constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Except as set out in these Conditions, no variation of these Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives). These Conditions, and any dispute or claim (including noncontractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England. Each party irrevocably agrees that the Court of England shall have exclusive jurisdiction to settle any dispute of claim (including non- contractual disputes or claims) arising out of or in connection with the Conditions or its subject matter or formation.
Value Added Tax at the current rate is payable on all commissions, premiums and charges.
Relating to the Seller
8. Commission and Charges
Seller’s commission is 16% of the Hammer Price of each Lot on all sales. Commission is payable upon demand by the Seller to Minster Auctions.
Each lot will be charged a £3 entry fee
Commission and charges are subject to VAT at the current rate
9. Right to Refuse
We reserve the right to use our discretion to refuse any Lot for sale.
10. Unsold Items
An unsold Lot will be subject to an entry fee of £3.00. A Lot which fails to sell, and which the Seller does not wish to be re-offered, will be stored free of charge for seven working days, after which a storage and handling charge of £5.00 per Lot per day will be applied. Any storage charges accrued must be paid by the Seller to Minster Auctions prior to the release of any stored Lots.
11. Haulage can be arranged and will be charged to the Vendor
12. Withdrawn Items/Cancellation of Sale by Seller
The fee for cancelling a Sale or for withdrawal of a Lot prior to the Sale is 20% of the estimated value or the reserve (determined at our sole discretion), plus any reasonable costs incurred.
13. Withdrawn item/cancellation of Sale by Minster Auctions
We accept no liability for any cancellation/postponement/default of a Sale. We reserve the right to withdraw any Lot from a Sale at our discretion and no liability will be accepted should we, at our discretion, withdraw a Lot for Sale.
14. Illustrations and Photographic Images
Illustration and Photography charges will be agreed with the Seller before publication in any catalogue or media channel. Any illustrations must be approved by the Seller prior to publication. Minster Auctions own the copyright to all images created prior to sale which may be used in subsequent marketing activities across any media channel.
Sellers are entitled to place reserves on any Lot they have consigned valued in excess of £80. A reserve cannot be higher than the bottom estimate advertised at the time of the Sale and may include a 10% decrease at the Auctioneer’s sole discretion.
16. Electrical Items
Electrical items must comply with all current trading standards legislation. Minster Auctions reserve the right to dispose of any Lot which does not comply, at our sole discretion.
17. Soft Furnishings The sale of soft furnishings is strictly regulated by the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010). Any Lot found not to comply with these regulations will not be accepted for sale and must be removed at the Sellers expense or disposed of by Minster Auctions at the Sellers expense. For the avoidance of doubt, we do not conduct testing of soft furnishings for compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010) and no warranty or representation in relation to the same is accepted or given. It is the sole responsibility of the Seller to ensure compliance.
18. Disposal of Items
Minster Auctions will dispose of items from house clearances which, in our opinion and at our sole discretion, are of no saleable value. Any charge incurred by Minster Auctions in disposing of these items will be passed to the client.
Value Added Tax at the current rate is payable on all commissions, premiums and charges.
20. The Auctioneers’ Margin Scheme
This allows Minster Auctions to sell items without VAT on the Hammer Price and under the scheme, Minster Auctions shall not separate out the VAT from the Seller’s commission or Buyer’s Premium.
The “net sale proceeds” received from the Buyer in cleared funds will be forwarded to the Seller no later than 28 working days after the auction (Minster Auctions shall use reasonable endeavours to settle Antique and Contemporary sales within 14 working days after the auction). Where the buyer makes a payment more than 21 working days after the auction Minster Auctions shall send to the Seller the “net sale proceeds” within five working days of receipt of cleared funds from the Buyer. The “net sale proceeds” are the Hammer Price less commission and expenses set out on the Entry Form/Receipt. The Seller 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 Seller. For the avoidance of any doubt, the Seller shall have no recourse to Minster Auctions where payment is not received by Minster Auctions from the Buyer.
22. Consigning Lots
We may, at our absolute discretion, put any Lots not sold at a Sale, in a future Sale with a reduction to estimate and reserve of 25%. Whilst we will use reasonable endeavours to notify a Seller of this, such actions are not contingent of notice being given.
Relating to the Buyer
Prospective Buyers must register in writing before a Sale, giving their full name, address, contact telephone number(s) and email address. First time buyers will be required to provide proof of
identity (i.e. driving licence/passport), a valid debit or credit card and a copy of a utility bill or a document showing their name and address. Upon receipt of the above a paddle will be issued, which is only valid for the Sale. This paddle may be used to indicate your bids to the Auctioneer during the Sale. If successful, the Prospective Buyer must ensure that the Auctioneer can see their number as indicated on the paddle and that it is their number that is called out. Should there be any doubts as to price or Buyer, please draw the Auctioneer’s attention to it immediately. No liability shall be accepted for failure to rectify an error during a Sale.
24. Condition Reports
Only certain lots have reference to damage and restoration. However, the absence of any such notice does not imply that a Lot is free from defects, nor does it indicate that other defects are not also present. All Potential Buyers are deemed to have viewed all pieces they intend to bid for, and to have fully satisfied themselves as to the condition of the same. Condition Reports for Lots with a value of £50 and over are available at www.minsterauctions.co.uk All Lots are sold as seen.
25. Telephone Bidding
Requests for telephone bidding must be registered a minimum of one hour prior to the close of the View Day. We will not accept requests on a Sale Day. Telephone lines are booked on a first come first served basis and are subject to a minimum Lot value of £500 for the Fine Art Sale and £200 for all other sales. Full name, address and telephone numbers will be required together with proof of identity and address. Bank and credit/debit card details are also necessary to secure the line.
26. Online Bidding
Minster Auctions offers an online bidding service via easyliveauction.com By completing registration with this online bidding platform and providing your debit card details and unless alternative arrangements are agreed with Minster Auctions you:
(a) authorise Minster Auctions, if they so wish, to charge the credit/ bank card given in part or full payment, including all fees, for items successfully purchased in the auction via either of these online bidding platforms;
(b) confirm that you are authorised to provide these credit/bank details to Minster Auctions and agree that Minster Auctions are entitled to permit the shipping of the goods to the card holder and card holder address provided in fulfilment of the sale; and
(c) Agree that Minster Auctions accepts no liability for any losses, however arising, for usage of www.easyliveauction.com which operates pursuant to its own terms and conditions. These Conditions solely regulate the relationship between us and you.
27. The Buyer
The highest bidder acknowledged as such by the Auctioneer will be the Buyer. If any dispute arises, the Auctioneer shall have sole discretion to settle the matter. The Auctioneer shall rule the bidding and no bid may be retracted. The Auctioneer reserves the right to refuse any bid. The Buyer who is successful in purchasing any Lot or Lots is entirely responsible for paying for such Lot or Lots in accordance with these Conditions. Purchases made on behalf of a third party are the responsibility of the Buyer in the room. The Auctioneer reserves the right to bid on behalf of the Seller for any Lot and to withdraw, consolidate or divide any Lot or Lots.
28. Buyer’s Premium
A Buyer’s Premium of 20% of the Hammer Price payable on each Lot (subject to VAT at the current rate)
29. Auctioneers’ Margin Scheme
The Auctioneers’ Margin Scheme allows the Auctioneer to sell items without VAT on the Hammer Price. Under the Auctioneers’ Margin Scheme an amount equivalent to VAT is added to the Buyer’s Premium. This amount cannot be refunded. VAT will not be shown separately on the Buyer’s invoice.
Payment is due immediately from the Buyer after the auction and must be paid in pounds sterling. The following methods of payment may be used:
- Bankers draft;
- cashier’s cheque;
- personal cheque;
- credit/debit card;
- cash up to £8,000; and
- Bank transfer
Bank transfers should be sent to:
Card payments where the card holder is not present will only be accepted for transactions up to £500.00. Payment can be made, and purchases collected, during the auction.
31. Transfer of Risk
The risk in the Lot shall pass to the Buyer upon the completion of the Sale by the Auctioneer. Minster Auctions are not responsible for the correct description, genuineness or authenticity of any Lot as
per these Conditions. The Buyer is deemed to have inspected each Lot and satisfied himself as to its condition.
32. Ownership of the Lot
Title to the Lot(s) purchased will not pass to the Buyer until the Buyer has paid Minster Auctions in full the total amount due pursuant to these conditions and Minster Auctions have applied such payment to the Lot.
33. Storage and Collection
Storage charges will be levied on all lots not collected within seven working days of the Sale. Lots may not be collected until these charges have been paid without set off or deduction.
34. Droit De Suite/Artist’s Resale Rights
From 14 February 2006 United Kingdom art market professionals (which includes auctioneers) are required to collect a royalty payment for all works of art that have been produced by living artists, and those who have died within the last 70 years. This payment is calculated on qualifying works of art which are sold for a hammer price more that the UK sterling equivalent of €1,000 (the UK sterling equivalent will fluctuate in line with prevailing exchange rates) and will be calculated on the day of sale.
35. Jewellery Notice
It should be noted that gemstones are often treated to improve their appearance. Heating, for instance, can intensify the colour or transparency of sapphires and rubies, whilst oiling can improve the clarity of emeralds. The international jewellery trade generally accepts these methods. Once heated, the colour enhancement is permanent, though there may be some effect on the durability of the gemstone in question. Once a gemstone has been oiled, the process may need to be repeated in the future to maintain the clarity.