Special Conditions of Sale

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Special Conditions of Sale

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For goods accepted by Brightwells Ltd for inclusion in a Sale at their Saleroom in Leominster.

All auctions are held under the auctioneers vat margin scheme.

Special Conditions of Sale 

For goods accepted by Brightwells Ltd for inclusion in a Sale at their Saleroom in Leominster.

All auctions are held under the auctioneers vat margin scheme.

1. No Lot will be accepted unless entered on an appropriate Entry Form. Completion of Entry Forms does not necessarily reserve space in any sale, dates being subject to the Auctioneer’s discretion, and dependent upon availability of space.

2. COLLECTION AND DELIVERY. The Auctioneers do not themselves undertake the collection and delivery to and from their Saleroom, but will instruct a Contractor at the owner’s expense.

3. UNSALEABLE GOODS. In the interest of all Clients unserviceable goods WILL NOT be accepted and the auctioneers and their staff reserve the right at all times to refuse to offer any goods which in their opinion are unsuitable to auction.

4.SOFT FURNISHINGS. Only acceptable if manufactured prior to 1950 or bearing the label compliant with Furniture and Furnishings (Fire Safety) Regulations, of clean and fine quality (At discretion of Brightwells Staff).
Not Acceptable - Beds and Fitted Carpets.

5. IDENTIFICATION. Each Vendor is allocated a code, which will be attached to all goods on or before being accepted in Store or Saleroom.

6. All items fitted for electricity will require a current Electrician’s Safety Certificate and any Article delivered without a certificate will be charged at £5, plus V.A.T. per item for testing by our Electrician.

7. No gas appliances are accepted for inclusion in Sales.

8. AGENCY. The Auctioneers act in the sale of goods as Agents only and all lots are taken with all faults and mis-descriptions (if any). In particular they disclaim liability for payments to the seller until they have received payments from the buyer.

9. Payment to Vendors will be made as soon as possible, but certainly within 28 days, providing payment has been received from the purchaser. 

If the Buyer fails to pay the Purchase Price within 14 days of the Auction, Brightwells will notify the Seller who may instruct Brightwells as to the appropriate course of action. Brightwells will endeavour to assist the Seller but Brightwells shall be under no obligation to institute proceedings in its own name.

In the absence of any written instructions from the Seller to Brightwells within 7 days of Brightwells having notified the Seller under 14.5 above then Brightwells shall be entitled to do any of the following :-
To agree terms for the payment of the Purchase Price;
To remove, store and insure the Lot;
To settle claims and/or proceedings made by or against the Buyer on such terms as Brightwells shall at its absolute discretion think fit;
To take such steps as Brightwells shall at its absolute discretion consider necessary to collect the monies due from the Buyer;
Where appropriate to rescind the sale and refund any monies to the Buyer;
To offer the Lot for re-sale, by Auction or private treaty, with or without Reserve;
Where appropriate to rescind the contract with the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to Brightwells on its election and Brightwells shall remit the Purchase Price to the Seller within fourteen days of its election less the commission and Expenses or sums due to Brightwells which would have been payable had the contract not been rescinded.

10. BRIGHTWELLS LTD shall not be liable for loss or damage to goods on their premises whether due to negligence of BRIGHTWELLS LTD their servants or Agents or otherwise. Neither the Vendors, nor the Auctioneers will be responsible for any accident or injury occuring on the premises.

11. All goods are accepted for absolute sale unless a special arrangement is agreed by the Auctioneers. Goods “bought in” by the Owner will be regarded as “reserved” goods and the usual fees referring to reserves will be charged.

12.CHARGES.
Minimum Charge - £5.00 per lot.
Commission (to include Damage/Loss/Indemnity) - 16%
Lotting & Photography Fee £5 per lot
Feature Photography Max £75 per illustration
Lotting Fee for Wine is £3 per lot
Photography - Maximum £50 per illustration
Buying in fee at 5% of Reserve Price at discretion of Auctioneer
A withdrawal fee may be implemented at the discretion of the Auctioneers.
All charges shown are subject to VAT at current rate.

13.RESERVES. The Auctioneers will not agree to reserve prices on goods to the value of £100 or less and other reserves must be agreed mutually between the Auctioneers and the Vendor. THIS CONDITION WILL STRICTLY BE ENFORCED.

14. UNSOLD. Lots may at the entire discretion of the Auctioneers be re-offered in another sale. Otherwise, the Vendor will be asked to remove unsold lots immediately or a charge of £1 plus V.A.T. per day for each item may be levied at the Auctioneers’ discretion.

Any unsold lots which fail to attract a bid of any sort will AUTOMATICALLY be sent to the Tip and will attract an Environmental Disposal Charge.

15. The Auctioneers reserve the right to sell any lot at 10% less than the reserve price.

16. ALL GOODS WILL BE DEEMED TO BE UNRESERVED unless the Vendor inserts a reserve figure in the appropriate column on the entry form. 

17. All measurements of size and weight are given for guidance only. The specific mention of damaged items i.e. (A/F) does not imply that all other items are perfect or unrestored.

18. Notwithstanding the preceding Conditions, if within 14 days after the Sale, the Buyer of any lot gives notice in writing and returns the lot to Brightwells Ltd in the condition as at the time of sale and satisfies the Auctioneers that considered in the light of the terms of the Catalogue, the lot is a deliberate forgery then the sale of the lot will be rescinded and the purchase price of the same refunded.

19. Brightwells reserves the right to operate a Private Treaty Sale of any unsold Lot at a price that will produce net proceeds equal to the amount that would have been received if it had been sold at auction.

20. Buyers Premium 22% plus VAT is payable on all Lots sold, with min charge of £10 per lot. Buyers Premium for Wine is 17.5% plus VAT, with min charge of £6 per lot. 

21. Droit De Suite Royalty Charges §. All paintings and prints in this auction by artist (of an EU nationality) who have died since 1942 will incur royalty charges, if the hammer price (at current exchange rates) is €1,000 or higher. The buyer of such lots agree to pay Brightwells this royalty and we shall forward it to the artists' collecting agents. The rate is 4% of hammer price between €1,000 and €50,000.

The above Special Conditions apply to all Fine Art Sales in addition to the General Conditions of Sale which apply to all sales held by Brightwells Ltd