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TOOVEY’S
RUPERT TOOVEY & CO LTD, T/A TOOVEY’S TERMS OF SALE BY AUCTION AND CONDITIONS OF BUSINESS MAINLY CONCERNING BIDDERS AND BUYERS
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1. |
A Buyer’s Premium of 17.5% plus VAT on the hammer price
is payable on all purchased lots.
(The VAT rate may alter and will be levied at the appropriate
rate.) Any lots marked with
an asterisk (*) will, in addition, be subject to VAT at the appropriate
rate on the hammer price. |
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2. |
Payment for all purchased lots must be made
by the Wednesday following the sale.
After this period, the Auctioneers reserve the right to cancel
any sale at their sole discretion or to re-offer lots for which payment
has not been received in a future sale without reserve. In this latter event, the original bidder will be held liable
for any shortfall between the selling price at re-offer, plus expenses,
and the total amount due on their unpaid account. |
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3. |
At the Auctioneers discretion, goods will not be released
to clients paying by cheques unsupported by a valid and adequate cheque
guarantee card until their cheques have been cleared through the banking
system. A period of five bank
working days will be needed to clear cheques. Purchasers will be held liable for any expenses arising from their
method of payment. |
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4. |
No lots may be cleared whilst the auction
is in progress. Payments,
however, may be made to the cashiers in the Accounts Department whilst
the auction is in progress. |
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5. |
Lots purchased and paid for may be claimed and cleared
at the conclusion of the sale. Lots
will be released only on production of a release slip receipted by
the Accounts Department. Ownership
of a purchased lot shall not pass to a buyer until full payment of
the ‘total amount due’ has been made to the Auctioneers. |
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6. |
Free storage of all purchased lots will be provided
for three working days following the sale; thereafter a storage and
handling charge of £5.00 plus VAT per lot per day will be levied upon
the buyer, as will all carriage charges incurred by the Auctioneers
in having goods removed to storage. |
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7. |
In reference to Condition 6, all purchased lots uncollected
within three working days of the sale will be transferred to the storage
facilities of Messrs G.A. Lomer & Son Ltd, 17 King’s Stone Avenue,
Steyning, West Sussex BN44 3FJ and will be subject to the charges
outlined in Condition 6. No
lots will be released until carriage and storage charges have been
paid in full. |
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8. |
Bidding - |
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(i) Bidders.
By participating in this sale, the bidder agrees to be bound
by Rupert Toovey & Co. Ltd.’s Conditions of Business.
Any buyer acting for any person who is not bidding shall be
jointly and severally liable with that person for satisfaction of
all arising obligations and liabilities, with the exception of the
Auctioneers where they are acting on behalf of commission or other
bidders. |
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(ii) Paddles.
All intending bidders are required to register for a paddle
bidding number with the Accounts Department prior to the auction.
Bidders new to the salerooms will be required to complete a
paddle registration form available at the Accounts Office and will
be required to present proof of identity, proof of address and details
of a valid debit or credit card in their name, which details may be
retained on file by the Auctioneers and used to secure payment for
purchased lots. The Auctioneer will not accept bids from
a bidder in the room who has not registered for a paddle number. When a buyer is successful, the buyer will
hold the paddle aloft and the Auctioneer will record the paddle number
as the buyer of the lot. |
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(iii) Commission Bids. Any person
unable to attend the auction may request the Auctioneer to bid on
their behalf. This service
is free of charge. Bidding
forms will be available so that clients may complete these fully. These should be handed in at the Accounts Office. All commission bidders will be required to
supply proof of identity and address and/or details of a valid debit
or credit card in their name, which details may be retained on file
by the Auctioneers and used to secure payment for purchased lots. Commission bidders are urged to ascertain
whether or not they have been successful on the day of the sale or
on the Monday following the sale.
Lots will be purchased by the Auctioneer on behalf of the commission
bidder for the lowest price allowed by other bids and/or reserves
if any, up to and including their maximum bid amount recorded.
‘Buy’ bids will not be accepted by the Auctioneers. The Auctioneers cannot accept responsibility
for any neglect or default in executing or failing to execute commission
bids, or where a bidding slip has been completed incorrectly. We urge commission bidders, therefore, to
ensure that the correct lot number(s) and price(s) are recorded on
their bidding forms. |
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(iv) Telephone
Bids. Any person unable to attend the auction may request to bid on
a specific lot by telephone. This
facility is only available by prior arrangement with the Auctioneers,
is dependent on the availability of telephone lines, and is only available
on lots carrying a lower estimate of at least £300 (e.g. catalogue
estimate £300-500). All telephone
bidders will be required to supply proof of identity and address and/or
details of a valid debit or credit card in their name, which details
may be retained on file by the Auctioneers and used to secure payment
for purchased lots. The Auctioneers
cannot accept responsibility for any neglect or default in executing
or failing to execute telephone bids. |
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(v) Condition
Reports. Reports on the condition
of any lot are offered by the Auctioneers as a statement of opinion
only, and not of fact. Rupert
Toovey & Co. Ltd. are not liable for any errors or omissions contained
therein. |
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(vi) In the
case of a dispute, the Auctioneers reserve the right to re-offer any
lot. |
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(vii) The bidding
increments will be at the sole discretion of the Auctioneer. |
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(viii) Responsibility
for risk, loss or damage to any lot falls to the bidder upon the fall
of the hammer or, if the lot is purchased privately, to the purchaser
on the day when the contract is made. The Auctioneers are not liable for any loss or damage occurring
to a lot during clearing. Buyers
may accept assistance from the Auctioneers’ staff members during clearing,
but any loss or damage occurring to lots will be at the buyers’ risk. |
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9. |
Liability of Auctioneers and Sellers - |
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Goods sold are not new and all goods are
sold with all faults and imperfections and errors of description. Illustrations in the catalogue and any other
illustrations provided are for identification only; colours and general appearance may differ
to the original item due to the limitations of the printing process. |
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(i) Bidders
should prior to the sale satisfy themselves as to the condition of
each lot and whether or not in their own judgment the lot accords
with the description. |
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(ii) Neither
the Auctioneers nor the seller, nor their servants and agents, are
responsible for errors of description or for the authenticity of any
lot. |
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(iii) Neither
the Auctioneers nor the seller, nor their servants and agents, give
any warranty whatsoever other than hereinafter contained to any buyer
in respect of any lot; any
express or implied conditions or warranties are hereby excluded. |
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10. |
Rupert Toovey & Co. Ltd. reserves the right to
reproduce illustrations and to publish sale results. |
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11. |
Electrical Goods. Goods offered for sale which were once operated
by electricity may not comply with statutory requirements and are
offered for sale for display and historical research purposes only; these goods are not suitable for connection
to the mains electricity supply.
It is imperative that anyone wishing to use these goods for
their original purpose have them checked by a qualified electrician
prior to such use. |
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12. |
Where a member of the public causes damage to a lot
(or part thereof) the Auctioneers reserve the right to: |
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(i) sell the
aforementioned without reserve and to hold that specific individual
liable for the amount of any difference between the hammer price and
the reserve or lower estimate, whichever be the higher; |
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(ii) hold that
specific individual liable for the cost of restoration where appropriate; |
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(iii) hold
that specific individual liable for the full amount of the reserve
price or lower estimate, whichever be the higher. |
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N.B. Except
where full payment has been made under Condition 12(iii), title to
the lot will remain solely with the seller. |
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13. |
Rupert Toovey & Co. Ltd. draw your attention to
‘TERMS OF SALE BY AUCTION AND CONDITIONS OF BUSINESS, MAINLY CONCERNING
SELLERS’, ‘GENERAL CONDITIONS AND DEFINITIONS APPLICABLE TO BIDDERS,
BUYERS AND SELLERS’ and ‘IMPORTANT NOTICE TO BIDDERS AND BUYERS’. |
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14. |
Lots entered into this sale are subject to Reserve
Prices. |
| 15. | Certain property sold at auction may be subject to laws governing export from the country where it was purchased and import into another country. It is the buyer's responsibility to be aware of these restrictions and obtain any relevant licenses. |
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16. |
Rupert Toovey & Co. Ltd. reserve the right to amend
any or all of their Terms and Conditions of Business at any time. Further details on request. |
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N.B. |
References to ‘The Auctioneer’ and ‘The Auctioneers’
include Rupert Toovey & Co. Ltd., its directors, employees, consultants,
servants and agents. |
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RUPERT TOOVEY & CO LTD, T/A TOOVEY’S TERMS OF SALE BY AUCTION AND CONDITIONS OF BUSINESS MAINLY CONCERNING SELLERS
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1. |
A commission rate of 15% plus VAT is payable by sellers
on the hammer price of individual lots sold. (The VAT rate may alter and will be levied
at the appropriate rate.) |
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2. |
An additional charge of £6.00 inclusive
of VAT is levied in respect of each lot sold, covering Internet marketing,
lotting and administration. |
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3. |
Rupert Toovey & Co. Ltd. are not regulated
by the F.S.A. for the provision of insurance to its clients. However, Rupert Toovey & Co. Ltd., for
its own protection, insures property consigned to it at mid pre-sale
estimate, unless the item has been sold, in which instance property
is insured at the hammer price, for loss, occasioned as a result of
theft, fire or negligence whilst in their custody or control. |
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4. |
The seller undertakes to reimburse Rupert Toovey &
Co. Ltd. for all expenses incurred, inclusive of VAT, where the seller’s
instructions are withheld after chattels have been deposited at the
salerooms, e.g. transport, storage, etc. |
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5. |
Illustrations in the catalogue will be charged
to the seller at an agreed rate. |
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6. |
All reserves will be subject to up to 10% discretion
unless Rupert Toovey & Co. Ltd. are instructed to sell items without
reserve, whereby the Auctioneer will sell the lot for the highest
price bid but not for less than £20.
‘Auctioneer’s Discretion’ is half the lower estimate. The Auctioneers reserve the right to alter
reserves prior to auction should prevailing market conditions force
the Auctioneers to do so. Reserves
once fixed may only be altered with the express permission of the
Auctioneer. Where a reserve has been placed, only the
Auctioneer may bid on behalf of the seller.
The Auctioneer reserves the right to sell at a ‘hammer price’
below the reserve, but in any such case the sale proceeds to the seller
shall be the same as if the lot had sold at reserve. |
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7. |
VAT. Conditions
1, 2, 4, 8 and 13 are subject to VAT at the appropriate rate. |
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8. |
The Auctioneers reserve the right to charge a withdrawal
fee of 15% plus VAT of mid pre-sale estimate for any lots entered
for sale but subsequently withdrawn prior to auction. |
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9. |
The Auctioneers reserve the right to reproduce photographs
and illustrations of any items placed with them for sale and retain
copyright of those images. The
Auctioneers reserve the right to use images of any items placed with
them for sale for pre-sale or post-sale marketing purposes. |
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10. |
If a buyer returns a lot within seven working days
of purchase for an alleged breach of any matters referred to in Condition
9 of the Buyers Conditions or Condition 10 of the Sellers Conditions,
and the Auctioneer is of the opinion that the buyer’s complaint is
justified, the Auctioneer is authorized to cancel the sale and refund
the total amount paid for the lot to the buyer. |
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11. |
The Auctioneers reserve the right to cancel any sale
at any time, at their sole discretion. |
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12. |
The seller of any lot warrants to the Auctioneer and
to the buyer that the seller is the true owner of the property up
for sale or is legally authorized to sell the property by the true
owner and is able to give good and marketable title to the property,
free from any third party claims, and that the seller will indemnify
the Auctioneers, their servants and agents, and the buyer against
any loss or damage suffered as a result of any breach of the terms
of this clause by the seller. |
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13. |
Sale proceeds will be posted to the seller
within 28 working days after the end of the week of the auction in
all cases, except as stated in Condition 9 and where payment has not
been made to the Auctioneers and it is held in the Auctioneers’ opinion
to be in the seller’s best interest to extend the period for the buyer
to make payment in full. In
such instances Rupert Toovey & Co. Ltd. will post the sale proceeds
within five working days after the day on which the total amount due
is received from the buyer. A charge will be made for each payment to
a seller requested or required in any form other than a sterling cheque. The Auctioneers reserve the right to retain
any interest accruing on monies held pending payment. |
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14. |
Unsold Lots. The
Auctioneers will notify the seller of any unsold lots within 10 working
days after the sale. The seller
can choose to either re-offer the lot(s) with a lower reserve in a
future auction or to collect the lot(s) within 28 days. If the Auctioneers have not received instructions
within 28 days, the lot will be re-offered without a reserve and sold
to the highest bidder. Where
a request has been made to a seller to remove goods from the saleroom
and they are not removed within 28 days of such a request, the aforementioned
conditions will also apply. |
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15. |
The seller authorizes the Auctioneers to deduct commission
at the stated rates and any expenses from the hammer price, and acknowledges
the Auctioneers’ right to retain the Buyer’s Premium in accordance
with Condition 1 of the Buyers Conditions. In addition the seller agrees to indemnify
the Auctioneers against any costs, legal or otherwise, arising from
a claim against a bidder being made on the seller’s instructions,
where a dispute has arisen. |
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16. |
Rupert Toovey & Co. Ltd. must be notified of any
changes in seller’s address in writing.
Where a seller is ‘unknown’ at their stated address and correspondence
is returned to the Auctioneers offices, Rupert Toovey & Co. Ltd.
reserve the right to offer their goods for sale without reserve to
be sold to the highest bidder after a period of 90 days from the date
of the initial posting. Any
monies realized will be held by Rupert Toovey & Co. Ltd., until
claimed by the seller. The Auctioneer reserves the right to deduct
commission and expenses. |
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17. |
Private Sales. If
any lot fails to sell or is subject to damage at the auction, the
seller authorizes Rupert Toovey & Co. Ltd., as the seller’s exclusive
agent, for a period of fourteen days following the auction to sell
the lot privately for a price that will result in a payment to the
seller of not less than the net amount (after commission and expenses)
to which the seller would have been entitled had the lot been sold
at a price equal to the agreed reserve.
The Auctioneers reserve the right to deduct commission and
expenses: all other items and conditions will be held to apply. |
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18. |
Rupert Toovey & Co. Ltd. reserves the right to
retain any amounts accruing from interest on clients’ monies being
held pending settlement to sellers. |
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19. |
To conform with Trading Standards, electrical goods
are sold only as decorative objects or for historical research purposes
and not for use. Therefore
all cables, plugs, etc. will be removed and disposed of prior to the
sale. |
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20. |
In respect of Furniture & Furnishing Fire Safety
Regulations, no items can be accepted for sale which do not conform
to the current legislation. In
the case of dining chairs and similar pieces, the seat frames may
be given to a buyer but the upholstery will have been removed, prior
to the sale, where it does not comply with the aforementioned. |
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21. |
The seller authorizes Rupert Toovey & Co. Ltd.
to undertake any tests, research or enquiries or to consult and rely
on any outside experts, consultants or restorers in relation to any
item, as Rupert Toovey & Co. Ltd. may at its sole discretion deem
appropriate. |
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22. |
Neither Rupert Toovey & Co. Ltd. nor any affiliated
company, nor their respective servants or agents, will be liable for
loss or damage to frames or glass covering prints, paintings or other
works or the loss or damage to property caused by: |
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(i) any third party instructed to deal with the property
with the seller’s consent; |
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(ii) changes in humidity or temperature; |
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(iii) normal
wear and tear, gradual deterioration or inherent defect; |
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(iv) errors
in processing. |
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23. |
Estimates. Rupert
Toovey & Co. Ltd. makes no representations or warranties as to
the anticipated selling prices of property. Estimates are offered only as a guide and not as a statement of
fact. |
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24. |
Rupert Toovey & Co. Ltd. would draw your attention
to ‘TERMS OF SALE BY AUCTION & CONDITIONS OF BUSINESS, MAINLY
CONCERNING BIDDERS & BUYERS’, ‘GENERAL CONDITIONS AND DEFINITIONS
APPLICABLE TO BIDDERS, BUYERS AND SELLERS’ and ‘IMPORTANT NOTICE TO
BIDDERS & BUYERS’. |
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N.B. |
References to ‘The Auctioneer’ and ‘The Auctioneers’
include Rupert Toovey & Co. Ltd., its directors, employees, consultants,
servants and agents. |
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RUPERT TOOVEY & CO LTD, T/A TOOVEY’S GENERAL
CONDITIONS AND DEFINITIONS
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1. |
The Auctioneer sells as agent for the seller
and as such is not responsible for any default by seller or buyer. |
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2. |
Any representation or statement by the Auctioneers
in any catalogue as to ownership, attribution, genuineness, origin,
date, age, provenance, condition or estimated selling price is a statement
of opinion only and the Auctioneers, their servants or agents hereby
disclaim responsibility for the correctness of such opinions. |
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3. |
In these conditions: |
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(i) ‘Hammer
Price’ means the price at which a lot is knocked down by the Auctioneer
to the buyer. |
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(ii) ‘Balance
Due’ means the hammer price in respect of the lot sold together with
any premium, value added tax chargeable and additional charges and
expenses, e.g. storage charges and insurance, in pounds sterling. |
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(iii) ‘Sale
Proceeds’ means the net amount due to the seller being the hammer
price of the lot sold less commission at the stated rate and expenses
and any other amounts due to the Auctioneers from the seller. |
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4. |
The Auctioneer has the right at his absolute discretion
without giving any reason to refuse any bid, to advance the bidding
as he may decide, to withdraw or divide any lot, to combine any two
or more lots and, in the case of a dispute, to put up any lot for
auction again. |
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5. |
Rupert Toovey & Co. Ltd. at its absolute discretion
has the right to refuse admission to its premises or attendance at
its auctions by any person. |
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N.B. |
References to ‘The Auctioneer’ and ‘The Auctioneers’
include Rupert Toovey & Co. Ltd., its directors, employees, consultants,
servants and agents. |
ANTIQUE AND FINE ART AUCTIONEERS AND VALUERS
SPRING GARDENS, WASHINGTON, WEST
SUSSEX, RH20 3BS, UNITED KINGDOM