TERMS & CONDITIONS OF SALE

NOTICE TO BIDDERS

This notice is addressed by Turner & Sons to any person who may be interested in a Lot, including Bidders and potential Bidders (including any eventual Buyer of the Lot). For ease of reference we refer to such persons as “Bidders” or “you”. Our List of Definitions and Glossary is incorporated into this Notice to Bidders. It is at Appendix 3 Where words and phrases are used in this notice which are in the List of Definitions, they are printed in italics.

 

IMPORTANT: Additional information applicable to the Sale may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed at the Sale venue and you should read them as well. Announcements affecting the Sale may also be given out orally before and during the Sale without prior written notice. You should be alert to the possibility of changes and ask in advance of bidding if there have been any.

 

1.  OUR ROLE

In its role as Auctioneer of Lots, Turner & Sons acts solely for and in the interests of the Seller. Turner & Sons’ job is to sell the Lot at the highest price obtainable at the Sale to a Bidder. Turner & Sons does not act for Buyers or Bidders in this role and does not give advice to Buyers or Bidders. When it or its staff make statements about a Lot or, if Turner & Sons provides a Condition Report on a Lot it is doing that on behalf of the Seller of the Lot. Bidders and Buyers who are themselves not expert in

the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them. The Seller has authorised Turner & Sons to sell the Lot as its agent on its behalf and, save where we expressly make it clear to the contrary, Turner & Sons acts only as agent for the Seller. Any statement or representation we make in respect of a Lot is made on the Seller’s behalf and, unless Turner & Sons sells a Lot as principal, not on our behalf and any Contract for Sale is between the Buyer and the Seller and not with us. If Turner & Sons sells a Lot as principal this will either be stated in the Catalogue or an announcement to that effect will be made by the Auctioneer, or it will be stated in a notice at the Sale or an insert in the Catalogue. Turner & Sons does not owe or undertake or agree to any duty or responsibility to you in contract or tort (whether direct, collateral, express, implied or otherwise). If you successfully bid for a Lot and buy it, at that stage Turner & Sons does enter into an agreement with the Buyer. The terms of that contract are set out in our Buyer’s Agreement, which you will find at Appendix 2. This will govern Turner & Sons’ relationship with the Buyer.

 

2.  LOTS

Subject to the Contractual Description printed in bold letters in the Entry about the Lot in the Catalogue (see paragraph 3 below), Lots are sold to the Buyer on an “as is” basis,   with all faults and imperfections. Illustrations and photographs contained in the Catalogue (other than photographs forming part of the Contractual Description) or elsewhere of any Lots are for identification purposes only. They may not reveal the

true condition of the Lot. A photograph or illustration may not reflect an accurate reproduction of the colour(s) of the Lot. Lots are available for inspection prior to the Sale and it is for you to satisfy yourself as to each and every aspect of a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price). It is your responsibility

to examine any Lot in which you are interested. It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance. In particular, parts may have been replaced or renewed and Lots may not

be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be damaged, as for example where it is covered by upholstery or material. Given the age of many Lots they may have been damaged and/ or repaired and you should not assume that a Lot is in good condition. Electronic or mechanical parts may not operate or may not comply with current statutory requirements. You should not assume that electrical items designed to operate on mains electricity will be suitable for connection to the mains electricity supply and you should obtain a report from a qualified electrician on their status before doing so. Such items which are unsuitable for connection are sold as items of interest for display purposes only. If you yourself do not have expertise regarding a Lot, you should consult someone who does to advise you. Please ask our staff for details.

Any person who damages a Lot will be held liable for the loss caused.

 

3.  DESCRIPTIONS OF LOTS AND ESTIMATES

Contractual Description of a Lot

The Catalogue contains an Entry about each Lot. Each Lot is sold by its respective Seller to the Buyer of the Lot as corresponding only with that part of the Entry which is printed in bold letters and (except for the colour, which may be inaccurately reproduced) with any photograph of the Lot in the Catalogue. The remainder of the Entry, which is not printed in bold letters, represents Turner & Sons’ opinion (given on behalf of the Seller) about the Lot only and is not part of the Contractual Description in accordance with which the Lot is sold by the Seller. 

Estimates

In most cases, an Estimate is printed beside the Entry. Estimates are only an expression of Turner & Sons’ opinion made on behalf

of the Seller of the range where Turner & Sons thinks the Hammer Price for the Lot is likely to fall; it is not an Estimate of value. It does not take into account any VAT or Buyer’s Premium payable. Lots can in fact sell for Hammer Prices below and

above the Estimate. Any Estimate should not be relied on as an indication of the actual selling price or value of a Lot. Estimates are in the currency of the Sale.

The Seller’s responsibility to you

The Seller does not make or agree to make any representation of fact or contractual promise, Guarantee or warranty and undertakes no obligation or duty, whether in contract or in tort (other than to the eventual Buyer as set out above), in respect of the accuracy or completeness of any statement

or representation made by him or on his behalf, which is in any way descriptive of any Lot or as to the anticipated or likely selling price of any Lot. Other than as set out  above, no statement or representation in any way descriptive of a Lot or any Estimate is incorporated into any Contract for Sale between a Seller and a Buyer.

Turner & Sons’ responsibility to you

You have the opportunity of examining the Lot if you want to and the Contract for Sale for a Lot is with the Seller and not with Turner & Sons; Turner & Sons acts as the Seller’s agent only (unless Turner & Sons sells the Lot as principal). Turner & Sons undertakes no obligation to you to examine, investigate or carry out any tests, either in sufficient depth or at all, on each Lot to establish the accuracy or otherwise of any Descriptions or opinions given by Turner & Sons, or by any person on Turner & Sons’ behalf, whether in the Catalogue or elsewhere. You should not suppose that such examinations, investigations or tests have occurred. Turner & Sons does not make or agree to make any representation of fact, and undertakes no obligation or duty (whether in contract or tort) in respect of the accuracy or completeness

of any statement or representation made by Turner & Sons or on Turner & Sons’ behalf which is in any way descriptive of any Lot or as to the anticipated or likely selling price of any Lot. No statement or representation by Turner & Sons or on its behalf in any way descriptive of any Lot or any Estimate is incorporated into our Buyer’s Agreement.

Alterations

Descriptions and Estimates may be amended at Turner & Sons’ discretion from time to time by notice given orally or in writing before or during a Sale. THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST FORM YOUR OWN OPINION IN RELATION TO IT. YOU ARE STRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE IT EXAMINED ON YOUR BEHALF BEFORE THE  SALE.

4.  CONDUCT OF THE SALE

Our Sales are public auctions which persons may attend and you should take the opportunity to do so. We do reserve the right at our sole discretion to refuse admission to our premises or to any Sale without stating a reason. We have complete discretion as to whether the Sale proceeds, whether any Lot is included in the Sale, the manner in which the Sale is conducted and we may offer Lots for Sale in any order we choose notwithstanding the numbers given to Lots in the Catalogue. You should therefore check the date and starting time of the Sale, whether there have been any withdrawals or late entries. Remember that withdrawals and late entries may affect the time at which a Lot you are interested in is put up for Sale. We have complete discretion to refuse any bid, to nominate any bidding increment we consider appropriate, to divide any Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, before the Sale has been closed, to put up any Lot for auction again. Auction speeds can exceed 100 Lots to the hour and bidding increments are generally about 10%. However these do vary from Sale to Sale and from Auctioneer to Auctioneer. Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not equalling or exceeding such Reserve) on behalf of the Seller. We are not responsible to you in respect of the presence or absence of any Reserve in respect of any Lot. If there is a Reserve it will normally be no higher than the lower figure for any Estimate in the Catalogue, The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable Reserve) to whom the Lot is knocked down by the Auctioneer at the fall of the Auctioneer’s hammer. Any dispute as to the highest acceptable bid will be settled by the Auctioneer in his absolute discretion. All bids tendered will relate to the actual Lot number announced by the Auctioneer. We may use video cameras to record the Sale .

5.  BIDDING

We do not accept bids from any person who has not completed and delivered to us one of our Bidding Forms, either our Bidder Registration Form, Absentee Bidding Form or Telephone Bidding Form. You will be asked for proof  of

identity, residence and references, which, when asked for, you must supply if your bids are to be accepted by us. Please bring your passport, driving licence (or similar photographic proof

of identity) and proof of address. We may request a deposit from you before allowing you to bid. We may refuse entry to a Sale to any person even if that person has completed a Bidding Form.

Bidding by post or fax

Absentee Bidding Forms should be completed and sent to the office responsible for the Sale. It is in your interests to return your form as soon as possible, as if two or more Bidders submit identical bids for a Lot, the first bid received takes preference. In any event, all bids should be received at least 30 minutes before the start of the Sale. Please check your Absentee Bidding Form carefully before returning it to us, fully completed and signed by you. It is your responsibility to check with our Bids Office that your bid has been received. This additional service is complimentary and is confidential. Such bids are made at your own risk and we cannot accept liability for our failure to receive and/or place any such bids. All bids made

on your behalf will be made at the lowest level possible subject to Reserves and other bids made for the Lot. Where appropriate your bids will be rounded down to the nearest amount consistent with the Auctioneer’s bidding increments. New Bidders must also provide proof of identity and address when submitting bids. Failure to do this will result in your bid not being placed.

Bidding via the internet

Please visit our Website at www.turnersauctions.co for details of how to bid via the internet.

Bidding through an agent

Bids will be accepted as placed on behalf of the person named as the principal on the Bidding Form although we may refuse to accept bids from an agent on behalf of a principal and will require written confirmation from the principal confirming

the agent’s authority to bid. Nevertheless, as the Bidding Form explains, any person placing a bid as agent on behalf of another (whether or not he has disclosed that fact or the identity of his principal) will be jointly and severally liable with the principal to the Seller and to Turner & Sons under any contract resulting from the acceptance of a bid. Subject to the above, please let us know if you are acting on behalf of another person when bidding for Lots at the Sale.Equally, please let us know if you intend to nominate another person to bid on your behalf at the Sale unless this is to be carried out by us pursuant to a Telephone or Absentee Bidding Form that you have completed. If we do not approve the agency arrangements in writing before the Sale, we are entitled to assume that the person bidding at the Sale is bidding on his own behalf. Accordingly, the person bidding at the Sale  will be the Buyer and will be liable to pay the Hammer Price and Buyer’s Premium and associated charges. If we approve the identity of your client in advance, we will be in a position to address the invoice to your principal rather than you. We will require proof of the agent’s client’s identity and residence in advance of any bids made by the agent on his behalf. Please refer to our Conditions of Business and contact our Customer Services Department for further details.

 

6.  CONTRACTS BETWEEN THE BUYER AND SELLER AND THE BUYER AND TURNER & SONS

On the Lot being knocked down to the Buyer, a Contract for Sale of the Lot will be entered into between the Seller  and the Buyer on the terms of the Contract for Sale set out in Appendix 1. You will be liable to pay the Purchase Price, which is the Hammer Price plus any applicable VAT. At the same time, a separate contract is also entered into between us as Auctioneers and the Buyer. This

is our Buyer’s Agreement, the terms of which are set out in Appendix 2. Please read the terms of the Contract for Sale and our Buyer’s Agreement  contained in the Catalogue in case you are the successful Bidder. We may change the terms of either or both of these agreements in advance of their being entered into, by setting out different terms in the Catalogue and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before and during the Sale. You should be alert to this possibility of changes and ask if there have been any.

7.  BUYER’S PREMIUM AND OTHER CHARGES PAYABLE BY THE BUYER

Under the Buyer’s Agreement, a premium (the Buyer’s Premium) is payable to us by the Buyer in accordance with the terms of the Buyer’s Agreement and at rates set out below, calculated by reference to the Hammer Price and payable in addition to it. Storage charges and Expenses are also payable by the Buyer as set out in the Buyer’s Agreement. All the sums payable to us by the Buyer are subject to VAT. For this Sale the following rates of Buyers Premium will be payable by Buyers of Lots:

16.67% (+VAT) up to £50,000 of the Hammer Price

12.5%(+VAT)  from £50,001 to £100,000 of the Hammer Price

On certain Lots, which will be marked “AR” in the Catalogue and which are sold for a Hammer Price of €1,000 or greater (converted into the currency of the Sale using the European Central Bank Reference rate prevailing on the date of the Sale), the Additional Premium will be payable to us by the Buyer to cover our Expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. The Additional Premium will be a percentage of the amount of the Hammer Price calculated in accordance with the table below, and shall not exceed €12,500 (converted into the currency of the Sale using the European Central Bank Reference rate prevailing on the date of the Sale).

Hammer Price                          Percentage amount

From €0 to €50,000                       3.5%

From €50,000.01 to €200,000      2.5%

8.  VAT

The prevailing rate of VAT at the time of going to press is 20%, but this is subject to government change and the rate payable will be the rate in force on the date of the Sale.

The following symbols are used to denote that VAT is due on the Hammer Price and Buyer’s Premium:

0 OR VAT RATED –   VAT at the prevailing rate on Hammer Price and Buyer’s Premium

Price and the prevailing rate on Buyer’s Premium

9.  PAYMENT

It is of critical importance that you ensure that you have readily available funds to pay the Purchase Price and the Buyer’s Premium (plus VAT and any other charges and Expenses to us) in full before making a bid for the Lot. If you are a successful Bidder, payment will be due to us by 1:30 pm on the first working day after the Sale so that all sums are cleared by the Seventh working day after the Sale. Unless agreed by us in advance payments made by anyone other than the registered Buyer will not be accepted. Payment will have to be by one of the following methods (all cheques should be made payable to Turner & Sons). Turner & Sons reserves the right to vary the terms of payment at any   time.

Sterling personal cheque drawn on a UK branch of a bank or building society: all cheques must be cleared before you can collect your purchases;

Bankers draft/building society cheque: if you can provide suitable proof of identity and we are satisfied as to the genuineness of the draft or cheque, we will allow you to collect your purchases immediately;

Cash: you may pay for Lots purchased by you at this Sale with notes, coins provided that the total amount payable by you in respect of all Lots purchased by you at the Sale does not exceed £3,000,  at the time when payment is made. If the amount payable by you for Lots exceeds that sum, the balance must be paid otherwise than in coins, notes.

Sterling travellers cheques: you may pay for Lots purchased by you at this Sale with travellers cheques, provided the total amount payable by you in respect of all Lots purchased by you at the Sale does not exceed £3,000. We will need to see your passport if you wish to pay using travellers cheques;

Bank transfer: you may electronically transfer funds to our Trust Account. If you do so, please quote your paddle number and invoice number as the reference. Our Trust Account details are  as follows:

Bank: HSBC Bank Plc

Address:  99-101 Lord Street

Liverpool

L2 6PG

Account Name: Turner & Sons

Account  Number: 31072900

Sort Code: 40-29-28

If paying by bank transfer, the amount received after the deduction of any bank fees and/or conversion of the currency of payment to pounds sterling must not be less than the sterling amount payable, as set out on the invoice.

Debit cards: there is no additional charge for purchases made with personal debit cards, issued by a UK bank. Debit cards issued by an overseas bank, deferred and company debit cards and all credit cards will be subject to a 2%  surcharge;Union Pay cards: these are now accepted, when presented in person by the card holder. These cards are subject to a 2% surcharge. Credit cards: Visa and Mastercard only. Please note there is a 2% surcharge on the total invoice value when payments are made using credit cards. It may be advisable to notify your card provider of your intended purchase in advance to reduce delays caused by us having to seek authority when you come to pay. If you have any questions with regard to payment, please contact our Customer Services Department.

10.   COLLECTION AND STORAGE

The Buyer of a Lot will not be allowed to collect it until payment in full and in cleared funds has been made (unless we have made a special arrangement with the Buyer). For collection and removal of purchased Lots, Our offices are open 9.00am –4:45pm Monday to Friday. Details relating  to  the collection of a Lot, the storage of a Lot and our Storage Contractor after the Sale are set out in the Catalogue.

 

11. RESTRICTIONS

It is your sole responsibility to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import licence(s). Export licences are issued by Arts Council England and application forms can be obtained from its Export Licensing Unit. The detailed provisions of the export licencing arrangements can be found on the ACE website http://www.artscouncil.org.uk/what-we-do/supporting- museums/cultural-property/export-controls/export-licensing/or by phoning ACE on +44 (0)20 7973 5188. The need for import licences varies from country to country and you should acquaint yourself with all relevant local requirements and provisions. The refusal of any import or export licence(s) or any delay in obtaining such licence(s) shall not permit the rescission of any Sale nor allow any delay in making full payment for the Lot. Generally, please contact our shipping department before the Sale if you require assistance in relation to export regulations.

12.   CITES REGULATIONS

Please be aware that all Lots marked with the symbol Y are subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites/ or may be  requested from:Animal Health and Veterinary Laboratories Agency (AHVLA) Wildlife Licencing

Floor 1, Zone 17, Temple Quay House 2 The Square, Temple Quay BRISTOL BS1 6EB

Tel: +44 (0) 117 372 8774

13.   THE SELLERS AND/OR TURNER & SONS’ LIABILITY

Other than any liability of the Seller to the Buyer of a Lot under the Contract for Sale, neither we nor the Seller are liable (whether in negligence or otherwise) for any error or misdescription or omission in any Description of a Lot or any Estimate in respect of it, whether contained in the Catalogue or otherwise, whether given orally or in writing and whether given before or during the Sale. Neither we nor the Seller will be liable for any loss of Business, profits, revenue or income, or for loss of reputation, or for disruption to Business or wasted time on the part of management or staff, or for indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract (if any) or statutory duty, restitutionary  claim or otherwise. In any circumstances where we and/or the Seller are liable in relation to any Lot or any Description or Estimate made of any Lot, or the conduct of any Sale in relation to any Lot, whether in damages, for an indemnity or contribution, or for a restitutionary remedy or otherwise, our and/or the Seller’s liability (combined, if both we and the Seller are liable) will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach

of contract (if any) or statutory duty or otherwise. Nothing set out above will be construed as excluding or restricting (whether directly or indirectly) our liability or excluding  or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or by the negligence of any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law or (v) our undertakings under paragraphs 9 (in relation to specialist Stamp or Book Sales only) and 10 of the Buyer’s agreement. The same applies in respect of the Seller, as if references to us in this paragraph were substituted with references to the Seller.

14.   BOOKS

As stated above, all Lots are sold on an “as is” basis, subject to all faults, imperfections and errors of Description save as set out below. However, you will be entitled to reject a Book in the circumstances set out in paragraph 11 of the Buyers Agreement. Please note that Lots comprising printed Books, unframed maps and bound manuscripts are not liable to VAT on the Buyer’s Premium.

15.   CLOCKS AND WATCHES

All Lots are sold “as is”, and the absence of any reference to the condition of a clock or watch does not imply  that the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, Turner & Sons makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Bidders should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Bidders should be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches may not be shipped to the USA and can only be imported personally.

Taxidermy and Related Items

As a Seller of these articles, Turner & Sons undertakes to comply fully with Cites and DEFRA regulations. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange.

     FURNITURE

16.   Upholstered Furniture

Whilst we take every care in cataloguing furniture which has been upholstered we offer no Guarantee as to the originality of the wood covered by fabric or upholstery.

17.   JEWELLERY

˜  Ruby  and  Jadeite

Ruby and jadeite gemstones of Burmese (Myanmar) origin may not be imported into the US. Rubies and jadeite of non–Burmese origin require certification before import into the US and it is the Buyer’s responsibility to obtain all relevant and required export/import licences,   certificates and documentation before shipping. Failure by the Buyer to successfully import goods into the US does not constitute grounds for non payment or cancellation of Sale. Turner & Sons will not be responsible for any additional costs in this regard howsoever incurred.

Gemstones

Historically many gemstones have been subjected to a variety of treatments to enhance their appearance.   Sapphires and   rubies are routinely heat treated to improve their colour and clarity, similarly emeralds are frequently treated with oils    or resin for the same purpose. Other treatments such as staining, irradiation or coating may have been used on other gemstones. These treatments may be permanent, whilst others may need special care or re-treatment over the years to retain their appearance. Bidders should be aware that Estimates assume that gemstones may have been subjected to such treatments. A number of laboratories issue certificates that give more   detailed Descriptions of gemstones. However there may not be consensus between different laboratories on the degrees, or types of treatment for any particular gemstone. In the event that Turner & Sons has been given or has obtained certificates for any Lot in the Sale these certificates will be disclosed in the Catalogue.  Although, as a matter of policy,  Turner & Sons

endeavours to provide certificates from recognised laboratories for certain gemstones, it is not feasible to obtain certificates for each Lot. In the event that no certificate is published in the Catalogue, Bidders should assume that the gemstones may have been treated. Neither Turner & Sons nor the Seller accepts any liability for contradictions or differing certificates obtained by Buyers on any Lots subsequent to the Sale.

Estimated Weights

If a stone(s) weight appears within the body of the Description in capital letters, the stone(s) has been unmounted and weighed by Turner & Sons.  If the weight of the stone(s) is  stated to be approximate and does not appear in capital letters, the stone(s) has been assessed by us within its/their settings, and the stated weight is a statement of our opinion only. This information is given as a guide and Bidders should satisfy themselves with regard to this information as to its accuracy.

  1. 20.   PHOTOGRAPHS Explanation of Catalogue Terms
  • “Philip Eden”: in our opinion a work by the artist.
  • “Attributed to Philip Eden”: in our opinion probably a work by the artist, but less certainty to authorship is expressed than in the preceding category.
  • “Signed and/or titled and/or dated and/or inscribed”: in our opinion the signature and/or title and/or date and/or inscription are in the artist’s hand.
  • “Signed and/or titled and/or dated and/or inscribed in another hand”: in our opinion the signature and/or title and/or date and/or inscription have been added by another hand.
  • The date given is that of the image (negative). Where no further date is given, this indicates that the photographic print is vintage (the term “vintage” may also be  included  in the Lot Description). A vintage photograph is one which was made within approximately 5-10 years of the negative.

Where a second, later date appears, this refers to the date of printing. Where the exact printing date is not known, but understood to be later, “printed later” will appear in the Lot Description.

  • Unless otherwise specified, dimensions given are those of the piece of paper on which the image is printed, including any margins. Some photographs may appear in the Catalogue without margins illustrated.
  • All photographs are sold unframed unless stated in the Lot Description.

21.   PICTURES

Explanation of Catalogue Terms

The following terms used in the Catalogue have the following meanings but are subject to the general provisions relating to Descriptions contained in the Contract for Sale:

  • “E L Holt”: in our opinion a work by the artist. When the artist’s forename(s) is not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist named;
  • “Attributed to E L Holt”: in our opinion probably a work by the artist but less certainty as to authorship is expressed than in the preceding category;
  • “Studio/Workshop of E L Holt”: in our opinion a work by an unknown hand in a studio of the artist which may or may not have been executed under the artist’s direction;
  • “Circle of E L Holt”: in our opinion a work  by a hand closely associated with a named artist but not necessarily his pupil;
  • “Follower of E L Holt”: in our opinion a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily his pupil;
  • “Manner of E L Holt”: in our opinion a work in the style of the artist and of a later date;
  • “After E L Holt”: in our opinion, a copy of a known work of the artist;
  • “Signed and/or dated and/or inscribed”: in our opinion the signature and/or date and/or inscription are from the hand of the artist;
  • “Bears a signature and/or date and/or inscription”: in our opinion the signature and/or date and/or inscription have been added by another hand.

22.   PORCELAIN AND GLASS

Damage and Restoration

For your guidance, in our Catalogues we detail, as far as practicable, recorded all significant defects, cracks and restoration. Such practicable Descriptions of damage cannot be definitive, and in providing Condition Reports, we cannot Guarantee that there are no other defects present which have not been mentioned. Bidders should satisfy themselves by inspection, as to the condition of each Lot. Please see the Contract for Sale printed in this Catalogue. Because of the difficulty in determining whether an item of glass has been repolished, in our Catalogues reference is only made to visible chips and cracks. No mention is made of repolishing, severe or otherwise

. DATA PROTECTION – USE OF YOUR INFORMATION

Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed).

2 SELLER’S UNDERTAKINGS 4.2 The Seller will not be liable for any breach of any undertaking, whether implied by the Sale of Goods
2.1 The Seller undertakes to you that: Act 1979 or otherwise, as to the satisfactory quality
of the Lot or its fitness for any purpose.
2.1.1 the Seller is the owner of the Lot or is duly authorised to sell the Lot by the owner; 5 RISK, PROPERTY AND TITLE
2.1.2 save as disclosed in the Entry for the Lot in the 5.1 Risk in the Lot passes to you when it is knocked
Catalogue, the Seller sells the Lot with full title down to you on the fall of the Auctioneer’s
guarantee or, where the Seller is an executor, trustee, hammer in respect of the Lot. The Seller will not
liquidator, receiver or administrator, with whatever be responsible thereafter for the Lot prior to
right, title or interest he may have in the Lot; you collecting it from Turner & Sons or the Storage
Contractor, with whom you have separate contract(s)
2.1.3 except where the Sale is by an executor, trustee, as Buyer. You will indemnify the Seller and keep the
liquidator, receiver or administrator the Seller is both Seller fully indemnified from and against all claims,
legally entitled to sell the Lot, and legally capable proceedings, costs, expenses and losses arising in
of conferring on you quiet possession of the Lot respect of any injury, loss and damage caused to the
and that the Sale conforms in every respect with Lot after the fall of the Auctioneer’s hammer until
the terms implied by the Sale of Goods Act 1979, you obtain full title to it.
Sections 12(1) and 12(2) (see the Definitions and
Glossary); 5.2 Title to the Lot remains in and is retained by the
Seller until the Purchase Price and all other sums
2.1.4 the Seller has complied with all requirements, legal or payable by you to Turner & Sons in relation to the Lot
otherwise, relating to any export or import of the Lot, have been paid in full to, and received in cleared
and all duties and taxes in respect of the export or funds by, Turner & Sons.
import of the Lot have (unless stated to the contrary in the Catalogue or announced by the Auctioneer) 6 PAYMENT
been paid and, so far as the Seller is aware, all third
parties have complied with such requirements in 6.1 Your obligation to pay the Purchase Price arises when
the past; the Lot is knocked down to you on the fall of the
Auctioneer’s hammer in respect of the Lot.
2.1.5 subject to any alterations expressly identified as such
made by announcement or notice at the Sale venue 6.2 Time will be of the essence in relation to payment
or by the Notice to Bidders or by an insert in the of the Purchase Price and all other sums payable by
Catalogue, the Lot corresponds with the Contractual you to Turner & Sons. Unless agreed in writing with you
Description of the Lot, being that part of the Entry by Turner & Sons on the Seller’s behalf (in which case
about the Lot in the Catalogue which is in bold you must comply with the terms of that agreement),
letters and (except for colour) with any photograph all such sums must be paid to Turner & Sons by you in
of the Lot in the Catalogue and the contents of the currency in which the Sale was conducted by
any Condition Report which has been provided to not later than 4.30pm on the second working day
the Buyer. following the Sale and you must ensure that the
funds are cleared by the seventh working day after
3 DESCRIPTIONS OF THE LOT the Sale. Payment must be made to Turner & Sons by one
of the methods stated in the Notice to Bidders unless
3.1 Paragraph 2.1.5 sets out what is the Contractual otherwise agreed with you in writing by Turner & Sons. If
Description of the Lot. In particular, the Lot is not you do not pay any sums due in accordance with this
sold as corresponding with that part of the Entry in paragraph, the Seller will have the rights set out in
the Catalogue which is not printed in bold letters, paragraph 8 below.
which merely sets out (on the Seller’s behalf)Turner & Sons’ opinion about the Lot and which is not 7 COLLECTION OF THE LOT
part of the Contractual Description upon which the
Lot is sold. Any statement or representation other 7.1 Unless otherwise agreed in writing with you by
than that part of the Entry referred to in paragraph Turner & Sons, the Lot will be released to you or to your
2.1.5 (together with any express alteration to it order only when Turner & Sons has received cleared funds
as referred to in paragraph 2.1.5), including any to the amount of the full Purchase Price and all other
Description or Estimate, whether made orally or in sums owed by you to the Seller and to Turner & Sons.
writing, including in the Catalogue or on Turner & Sons’
Website, or by conduct, or otherwise, and whether 7.2 The Seller is entitled to withhold possession from you
by or on behalf of the Seller or Turner & Sons and of any other Lot he has sold to you at the same or
whether made prior to or during the Sale, is not part at any other Sale and whether currently in Turner & Sons’
of the Contractual Description upon which the Lot is possession or not until payment in full and in cleared
sold. funds of the Purchase Price and all other sums due to
the Seller and/or Turner & Sons in respect of the Lot.
3.2 Except as provided in paragraph 2.1.5, the Seller
does not make or give and does not agree to make 7.3 You will collect and remove the Lot at your own
or give any contractual promise, undertaking, expense from Turner & Sons’ custody and/ or control or
obligation, guarantee, warranty, or representation from the Storage Contractor’s custody in accordance
of fact, or undertake any duty of care, in relation to with Turner & Sons’ instructions or requirements.
any Description of the Lot or any Estimate in relation
to it, nor of the accuracy or completeness of any 7.4 You will be wholly responsible for packing, handling
Description or Estimate which may have been made and transport of the Lot on collection and for
by or on behalf of the Seller including by Turner & Sons. complying with all import or export regulations in
No such Description or Estimate is incorporated into connection with the Lot.
this Contract for Sale.
7.5 You will be wholly responsible for any removal,
4 FITNESS FOR PURPOSE AND SATISFACTORY storage or other charges or Expenses incurred
QUALITY by the Seller if you do not remove the Lot in
accordance with this paragraph 7 and will
4.1 The Seller does not make and does not agree indemnify the Seller against all charges, costs,
to make any contractual promise, undertaking, including any legal costs and fees, Expenses and
obligation, guarantee, warranty, or representation of losses suffered by the Seller by reason of your
fact in relation to the satisfactory quality of the Lot or failure to remove the Lot including any charges
its fitness for any purpose. due under any Storage Contract. All such sums
due to the Seller will be payable on demand.

 

APPENDIX 1

CONTRFOR SALE

IMPORTANT: These terms may be changed in advance of the Sale of the Lot to you, by the setting out of different terms in the Catalogue for the Sale and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before and during the Sale at the Sale venue. You should be alert to this possibility of changes and ask in advance of bidding if there have been any.

 

Under this contract the Seller’s liability in respect of the quality of the Lot, it’s fitness for any purpose and its conformity with any Description is limited. You are strongly advised to examine the Lot for yourself and/or obtain an independent examination of it before you buy it.

1            THE CONTRACT

1.1         hese terms govern the Contract for Sale of the Lot by the Seller to the Buyer.

1.2         The Definitions and Glossary contained in Appendix 3 are incorporated into this Contract for Sale and a separate copy can also be provided by Turner & Sons on request. Where words and phrases are used which are in the List of Definitions, they are printed in italics.

1.3         The Seller sells the Lot as the principal to the Contract for Sale, such contract being made between the Seller and you through Turner & Sons which acts in the sole capacity as the Seller’s agent and not as an additional principal. However, if the Catalogue states that Turner & Sons sells the Lot as principal, or such a statement is made by an announcement by the Auctioneer, or by a notice at the Sale, or an insert

in the Catalogue, then Turner & Sons is the Seller for the purposes of this agreement.

 

1.4         The contract is made on the fall of the Auctioneer’s hammer in respect of the Lot when it is knocked down to you

 

8            FAILURE TO PAY FOR THE LOT

8.1         If the Purchase Price for a Lot is not paid to Turner & Sons in full in accordance with the Contract for Sale the Seller will be entitled, with the prior written agreement of Turner & Sons but without further notice to you, to exercise one or more of the following rights (whether through Turner & Sons or otherwise):

 

8.1.1       to terminate immediately the Contract for Sale of the Lot for your breach of contract;

 

8.1.2       to resell the Lot by auction, private treaty or any other means on giving seven days’ written notice to you of the intention to resell;

 

8.1.3       to retain possession of the Lot;

 

8.1.4       to remove and store the Lot at your expense;

 

8.1.5       to take legal proceedings against you for any sum due under the Contract for Sale and/or damages for breach of contract;

 

8.1.6       to be paid interest on any monies due (after as well as before judgment or order) at the annual rate of 5% per annum above the base rate of Hsbc Bank Plc from time to time to be calculated on a daily basis from the date upon which such monies become payable until the date of actual payment;

 

8.1.7       to repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless the Buyer buys the Lot as a Consumer from the Seller selling in the course of a Business) you hereby grant an irrevocable licence to the Seller by himself and to his servants or agents to enter upon all or any of your premises (with or without vehicles) during normal Business hours to take possession of the Lot or part thereof;

 

8.1.8       to retain possession of any other property sold to you by the Seller at the Sale or any other auction or by private treaty until all sums due under the Contract for Sale shall have been paid in full in cleared funds;

 

8.1.9       to retain possession of, and on three months’ written notice to sell, Without Reserve, any of your other property in the possession of the Seller and/or of Turner & Sons (as bailee for the Seller) for any purpose (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such Sale in satisfaction or part satisfaction of any amounts owed to the Seller or to Turner & Sons; and

 

8.1.10     so long as such goods remain in the possession of the Seller or Turner & Sons as its bailee, to rescind the contract for the Sale of any other goods sold  to you by the Seller at the Sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the Seller or to Turner & Sons by you.

 

8.2         You agree to indemnify the Seller against all legal and other costs of enforcement, all losses and other Expenses and costs (including any monies payable to Turner & Sons in order to obtain the release of the Lot) incurred by the Seller (whether or not court proceedings will have been issued) as a result of Turner & Sons taking steps under this paragraph 8 on a full indemnity basis together with interest thereon (after as well as before judgment or order) at the

rate specified in paragraph 8.1.6 from the date upon which the Seller becomes liable to pay the same until payment by you.

 

8.3         On any resale of the Lot under paragraph 8.1.2, the Seller will account to you in respect of any balance remaining from any monies received by him or on his behalf in respect of the Lot, after the payment of all sums due to the Seller and to Turner & Sons,  within 28 days of receipt of such monies by him or on his behalf.

9            THE SELLER’S LIABILITY

9.1         The Seller will not be liable for any injury, loss or damage caused by the Lot after the fall of the Auctioneer’s hammer in respect of the Lot.

 

9.2         Subject to paragraph 9.3 below, except for breach of the express undertaking provided in paragraph 2.1.5, the Seller will not be liable for any  breach of any term that the Lot will correspond with any

Description applied to it by or on behalf of the Seller, whether implied by the Sale of Goods Act 1979 or otherwise.

 

9.3         Unless the Seller sells the Lot in the course of a Business and the Buyer buys it as a Consumer,

 

9.3.1       the Seller will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act  1967, or in any other way) for any lack of conformity with, or inaccuracy, error, misdescription or omission in any Description of the Lot or any Entry or Estimate in relation to the Lot made by or on behalf of the Seller (whether made in writing, including in the Catalogue, or on the Website, or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during the Sale;

 

9.3.2       the Seller will not be liable for any loss of Business, Business profits or revenue or income or for loss of reputation or for disruption to Business or wasted time on the part of the Buyer or of the Buyer’s management or staff or, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, restitutionary claim or otherwise;

 

9.3.3       in any circumstances where the Seller is liable to you in respect of the Lot, or any act, omission, statement, or representation in respect of it, or this agreement or its performance, and whether in damages, for

an indemnity or contribution or for a restitutionary remedy or in any way whatsoever, the Seller’s liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise.

 

9.4         Nothing set out in paragraphs 9.1 to 9.3 above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by the Seller’s negligence (or any     person under the Seller’s control or for whom the Seller is legally responsible), or (iii) acts or omissions for which the Seller is liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.

 

10          MISCELLANEOUS

10.1        You may not assign either the benefit or burden of the Contract for Sale.

 

10.2        The Seller’s failure or delay in enforcing or exercising any power or right under the Contract for Sale will not operate or be deemed to operate as a waiver of his rights under it except to the extent of any express waiver given to you in writing. Any such waiver will not affect the Seller’s ability subsequently to enforce any right arising under the Contract for Sale.

10.3        If either party to the Contract for Sale is prevented from performing that party’s respective obligations under the Contract for Sale by circumstances beyond its reasonable control or if performance of its obligations would by reason of such circumstances give rise to a significantly increased financial

cost to it, that party will not, for so long as such circumstances prevail, be required to perform such obligations. This paragraph does not apply to the obligations imposed on you by paragraph 6.

 

10.4        Any notice or other communication to be given under the Contract for Sale must be in  writing and may be delivered by hand or sent by first class post or air mail or fax transmission, if to the Seller, addressed c/o Turner & Sons at its address or fax number in the Catalogue, and if to you to the address or fax number of the Buyer given in the Bidding Form (unless notice of any change of address is given in writing). It is the responsibility of the sender of the notice or communication to ensure that it is received in a legible form within any applicable time period.

 

10.5        If any term or any part of any term of the Contract for Sale is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term.

 

10.6        References in the Contract for Sale to Turner & Sons will, where appropriate, include reference to Turner & Sons’ officers, employees and agents.

 

10.7        The headings used in the Contract for  Sale  are for convenience only and will not affect its interpretation.

 

10.8        In the Contract for Sale “including” means “including, without limitation”.

 

10.9        References to the singular will include reference to the plural (and vice versa) and reference to any one gender will include reference to the other genders.

 

10.10      Reference to a numbered paragraph is to a paragraph of the Contract for Sale.

 

10.11      Save as expressly provided in paragraph 10.12 nothing in the Contract for Sale confers (or purports to confer) on any person who is not a party to the Contract for Sale any benefit conferred by, or the right to enforce any term of, the Contract for Sale.

 

10.12      Where the Contract for Sale confers an immunity from, and/or an exclusion or restriction of, the responsibility and/or liability of the Seller, it will also operate in favour and for the benefit of Turner & Sons, and the successors and assigns of Turner & Sons and of such companies and of any officer, employee and agent of Turner & Sons and such companies, each of whom will be entitled to

rely on the relevant immunity and/or exclusion and/or restriction within and for the purposes of Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person who is not a party to the contract, and generally at law.

 

11          GOVERNING LAW

 

All transactions to which the Contract for Sale applies and all connected matters will be governed by and construed in accordance with the laws of that part

of the United Kingdom where the Sale takes place and the Seller and you each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that the Seller may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction. Turner & Sons has a complaints procedure in place.

APPENDIX 2

 

BUYER’S AGREEMENT

 

IMPORTANT: These terms may be changed in advance of the Sale of the Lot to you, by the setting out of different terms in the Catalogue for the Sale and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before and during the Sale at the Sale venue. You should be alert to this possibility of changes and ask in advance of bidding if there have been any.

3            PAYMENT

 

3.1         Unless agreed in writing between you and us or as otherwise set out in the Notice to Bidders, you must pay to us by not later than 4.30pm on the second working day following the Sale:

 

3.1.1       the Purchase Price for the Lot;

 

3.1.2       a Buyer’s Premium in accordance with the rates set out in the Notice to Bidders, and

 

3.1.3       4.4             If you have not collected the Lot by the date specified in the Notice to Bidders, you authorise us, acting

as your agent and on your behalf, to enter into a contract (the “Storage Contract”) with the Storage Contractor for the storage of the Lot on the then current standard terms and conditions agreed between Turner & Sons and the Storage Contractor (copies of which are available on request). If the Lot is stored at our premises storage fees at our current daily rates (currently a minimum of £3 plus VAT per Lot per day) will be payable from the expiry of the period referred to in paragraph 4.2.  These storage

 

1 THE CONTRACT 3.1.3 if the Lot is marked [AR], an Additional Premiumwhich is calculated and payable in accordance with fees form part of our Expenses.
1.1 These terms govern the contract between Turner & Sons the Notice to Bidders together with VAT on that sum 4.5 Until you have paid the Purchase Price and any
personally and the Buyer, being the person to whom if applicable so that all sums due to us are cleared Expenses in full the Lot will either be held by us as
a Lot has been knocked down by the  Auctioneer. funds by the seventh working day after the Sale. agent on behalf of the Seller or held by the Storage
Contractor as agent on behalf of the Seller and
1.2 The Definitions and Glossary contained in Appendix 3.2 You must also pay us on demand any Expenses ourselves on the terms contained in the Storage
3 to the Catalogue for the Sale are incorporated payable pursuant to this agreement. Contract.
into this agreement and a separate copy can also
be provided by us on request. Where words and 3.3 All payments to us must be made in the currency 4.6 You undertake to comply with the terms of any
phrases which are defined in the List of Definitions in which the Sale was conducted, using, unless Storage Contract and in particular to pay the charges
are used in this agreement, they are printed in italics. otherwise agreed by us in writing, one of the (and all costs of moving the Lot into storage) due
Reference is made in this agreement to information methods of payment set out in the Notice to under any Storage Contract. You acknowledge  and
printed in the Notice to Bidders, printed in the Bidders. Our invoices will only be addressed to the agree that you will not be able to collect the Lot from
Catalogue for the Sale, and where such information registered Bidder unless the Bidder is acting as an the Storage Contractor’s premises until you have paid
is referred to it is incorporated into this    agreement. agent for a named principal and we have approved the Purchase Price, any Expenses and all charges due
that arrangement, in which case we will address the under the Storage Contract.
1.3 Except as specified in paragraph 4 of the Notice to invoice to the principal.
Bidders the Contract for Sale of the Lot between you 4.7 You will be wholly responsible for packing,  handling
and the Seller is made on the fall of the Auctioneer’s 3.4 Unless otherwise stated in this agreement    all and transport of the Lot on collection and for
hammer in respect of the Lot, when it is knocked sums payable to us will be subject to VAT at the complying with all import or export regulations in
down to you. At that moment a separate contract is appropriate rate and VAT will be payable by you on connection with the Lot.
also made between you and Turner & Sons on the terms all such sums.
in this Buyer’s Agreement. 4.8 You will be wholly responsible for any removal,
3.5 We may deduct and retain for our own benefit from storage, or other charges for any Lot not removed
1.4 We act as agents for the Seller and are not the monies paid by you to us the Buyer’s Premium, in accordance with paragraph 4.2, payable at our
answerable or personally responsible to you for any the Commission payable by the Seller in respect current rates, and any Expenses we incur (including
breach of contract or other default by the Seller, of the Lot, any Expenses and VAT and any interest any charges due under the Storage Contract), all of
unless Turner & Sons sells the Lot as principal. earned and/or incurred until payment to the    Seller. which must be paid by you on demand and in any
event before any collection of the Lot by you or on
1.5 Our personal obligations to you are governed by this 3.6 Time will be of the essence in relation to any your behalf.
agreement and we agree, subject to the terms below, to the following obligations: payment payable to us. If you do not pay thePurchase Price, or any other sum due to us in 5 STORING THE LOT
accordance with this paragraph 3, we will have the
1.5.1 we will, until the date and time specified in the rights set out in paragraph 7 below. We agree to store the Lot until the earlier of your
Notice to Bidders or otherwise notified to you, store removal of the Lot or until the time and date set out
the Lot in accordance with paragraph 5; 3.7 Where a number of Lots have been knocked down to in the Notice to Bidders, on the Sale Information
you, any monies we receive from you will be applied Page or at the back of the catalogue (or if no date
1.5.2 subject to any power of the Seller or us to refuse to firstly pro-rata to pay the Purchase Price of each Lot is specified, by 4.30pm on the seventh day after the
release the Lot to you, we will release the Lot to you and secondly pro-rata to pay all amounts due to Sale) and, subject to paragraphs 6 and 10, to be
in accordance with paragraph 4 once you have paid Turner & Sons. responsible as bailee to you for damage to or the loss
to us, in cleared funds, everything due to us and the or destruction of the Lot (notwithstanding that it is
Seller; 4 COLLECTION OF THE LOT not your property before payment of the Purchase
Price).  If you do not collect the Lot before the time
1.5.3 we will provide guarantees in the terms set out in 4.1 Subject to any power of the Seller or us to refuse and date set out in the Notice to Bidders (or if no
paragraphs 9 and 10. to release the Lot to you, once you have paid to us, date is specified, by 4.30pm on the seventh day
in cleared funds, everything due to the Seller and after the Sale) we may remove the Lot to another
1.6 We do not make or give and do not agree to  make to us, we will release the Lot  to you or as you may location, the details of which will usually be set out
or give any contractual promise, undertaking, direct us in writing. The Lot will only be released on in the relevant section of the Catalogue. If you have
obligation, Guarantee, warranty, representation of production of a buyer collection document, obtained not paid for the Lot in accordance with paragraph  3,
fact in relation to any Description of the Lot or any from our cashier’s office. and the Lot is moved to any third party’s premises,
Estimate in relation to it, nor of the accuracy or the Lot will be held by such third party strictly to
completeness of any Description or Estimate which 4.2 You must collect and remove the Lot at your own Turner & Sons’ order and we will retain our lien over the
may have been made by us or on our behalf or by expense by the date and time specified in the Notice Lot until we have been paid in full in accordance with
or on behalf of the Seller (whether made orally or in to Bidders, or if no date is specified, by 4.30pm  on paragraph 3.
writing, including in the Catalogue or on Turner & Sons’Website, or by conduct, or otherwise), and whether the seventh day after the Sale. 6 RESPONSIBILITY FOR THE LOT
made before or after this agreement or prior to or 4.3 For the period referred to in paragraph 4.2, the Lot
during the Sale.  No such Description or Estimate is can be collected from the address referred to in the 6.1 Only on the payment of the Purchase Price to us
incorporated into this agreement between you and Notice to Bidders for collection on the days and times will title in the Lot pass to you. However under the
us. Any such Description or Estimate, if made by us specified in the Notice to Bidders. Thereafter, the Contract for Sale, the risk in the Lot passed to you
or on our behalf, was (unless Turner & Sons itself sells Lot may be removed elsewhere for storage and you when it was knocked down to  you.
the Lot as principal) made as agent on behalf of the must enquire from us as to when and where you can
Seller. collect it, although this information will usually be set 6.2 You are advised to obtain insurance in respect of the
out in the Notice to Bidders. Lot as soon as possible after the Sale.
2 PERFORMANCE OF THE CONTRACT FOR SALE
You undertake to us personally that you will
observe and comply with all your obligations and
undertakings to the Seller under the Contract for Sale
in respect of the Lot.

3            PAYMENT

3.1         Unless agreed in writing between you and us or as otherwise set out in the Notice to Bidders, you must pay to us by not later than 4.30pm on the second working day following the Sale:

3.1.1       the Purchase Price for the Lot;

3.1.2       a Buyer’s Premium in accordance with the rates set out in the Notice to Bidders, and

3.1.3 if the Lot is marked [AR], an Additional Premiumwhich is calculated and payable in accordance with
the Notice to Bidders together with VAT on that sum
if applicable so that all sums due to us are cleared
funds by the seventh working day after the Sale.
3.2 You must also pay us on demand any Expenses
payable pursuant to this agreement.
3.3 All payments to us must be made in the currency
in which the Sale was conducted, using, unless
otherwise agreed by us in writing, one of the
methods of payment set out in the Notice to
Bidders. Our invoices will only be addressed to the
registered Bidder unless the Bidder is acting as an
agent for a named principal and we have approved
that arrangement, in which case we will address the
invoice to the principal.
3.4 Unless otherwise stated in this agreement    all
sums payable to us will be subject to VAT at the
appropriate rate and VAT will be payable by you on
all such sums.
3.5 We may deduct and retain for our own benefit from
the monies paid by you to us the Buyer’s Premium,
the Commission payable by the Seller in respect
of the Lot, any Expenses and VAT and any interest
earned and/or incurred until payment to the    Seller.
3.6 Time will be of the essence in relation to any
payment payable to us. If you do not pay thePurchase Price, or any other sum due to us in
accordance with this paragraph 3, we will have the
rights set out in paragraph 7 below.
3.7 Where a number of Lots have been knocked down to
you, any monies we receive from you will be applied
firstly pro-rata to pay the Purchase Price of each Lot
and secondly pro-rata to pay all amounts due to
Bonhams.
4 COLLECTION OF THE LOT
4.1 Subject to any power of the Seller or us to refuse
to release the Lot to you, once you have paid to us,
in cleared funds, everything due to the Seller and
to us, we will release the Lot  to you or as you may
direct us in writing. The Lot will only be released on
production of a buyer collection document, obtained
from our cashier’s office.
4.2 You must collect and remove the Lot at your own
expense by the date and time specified in the Notice
to Bidders, or if no date is specified, by 4.30pm  on
the seventh day after the Sale.
4.3 For the period referred to in paragraph 4.2, the Lot
can be collected from the address referred to in the
Notice to Bidders for collection on the days and times
specified in the Notice to Bidders. Thereafter, the
Lot may be removed elsewhere for storage and you
must enquire from us as to when and where you can
collect it, although this information will usually be set
out in the Notice to Bidders.

4.4       If you have not collected the Lot by the date specified in the Notice to Bidders, you authorise us, acting

as your agent and on your behalf, to enter into a contract (the “Storage Contract”) with the Storage Contractor for the storage of the Lot on the then current standard terms and conditions agreed between Bonhams and the Storage Contractor (copies of which are available on request). If the Lot is stored at our premises storage fees at our current daily rates (currently a minimum of £3 plus VAT per Lot per day) will be payable from the expiry of the period referred to in paragraph 4.

fees form part of our Expenses.
Until you have paid the Purchase Price and any
Expenses in full the Lot will either be held by us as
agent on behalf of the Seller or held by the Storage
Contractor as agent on behalf of the Seller and
ourselves on the terms contained in the Storage
Contract.
You undertake to comply with the terms of any
Storage Contract and in particular to pay the charges
(and all costs of moving the Lot into storage) due
under any Storage Contract. You acknowledge  and
agree that you will not be able to collect the Lot from
the Storage Contractor’s premises until you have paid
the Purchase Price, any Expenses and all charges due
under the Storage Contract.
You will be wholly responsible for packing,  handling
and transport of the Lot on collection and for
complying with all import or export regulations in
connection with the Lot.
You will be wholly responsible for any removal,
storage, or other charges for any Lot not removed
in accordance with paragraph 4.2, payable at our
current rates, and any Expenses we incur (including
any charges due under the Storage Contract), all of
which must be paid by you on demand and in any
event before any collection of the Lot by you or on
your behalf.
STORING THE LOT
We agree to store the Lot until the earlier of your
removal of the Lot or until the time and date set out
in the Notice to Bidders, on the Sale Information
Page or at the back of the catalogue (or if no date
is specified, by 4.30pm on the seventh day after the
Sale) and, subject to paragraphs 6 and 10, to be
responsible as bailee to you for damage to or the loss
or destruction of the Lot (notwithstanding that it is
not your property before payment of the Purchase
Price).  If you do not collect the Lot before the time
and date set out in the Notice to Bidders (or if no
date is specified, by 4.30pm on the seventh day
after the Sale) we may remove the Lot to another
location, the details of which will usually be set out
in the relevant section of the Catalogue. If you have
not paid for the Lot in accordance with paragraph  3,
and the Lot is moved to any third party’s premises,
the Lot will be held by such third party strictly to
Bonhams’ order and we will retain our lien over the
Lot until we have been paid in full in accordance with
paragraph 3.
RESPONSIBILITY FOR THE LOT
Only on the payment of the Purchase Price to us
will title in the Lot pass to you. However under the
Contract for Sale, the risk in the Lot passed to you
when it was knocked down to  you.
You are advised to obtain insurance in respect of the
Lot as soon as possible after the Sale.

FAILURE TO PAY OR TO REMOVE THE LOT AND PART PAYMENTS

 

7.1         If all sums payable to us are not so paid in full at the time they are due and/or the Lot is not removed in accordance with this agreement, we will without further notice to you be entitled to exercise one or more of the following rights (without prejudice to any rights we may exercise on behalf of the Seller):

7.1.1       to terminate this agreement immediately for your breach of contract;

7.1.2       to retain possession of the Lot;

7.1.3       to remove, and/or store the Lot at your expense;

7.1.4       to take legal proceedings against you for payment of any sums payable to us by you (including the Purchase Price) and/or damages for breach of contract;

7.1.5       to be paid interest on any monies due to us (after as well as before judgement or order) at the annual rate of 5% per annum above the base lending rate of National Westminster Bank Plc from time to time to be calculated on a daily basis from the date upon

which such monies become payable until the date of actual payment;

7.1.6       to repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless you buy the Lot as a Consumer) you hereby grant an irrevocable licence to us, by ourselves, our servants or agents, to enter upon all or any of your premises (with or without vehicles) during normal business hours to take possession of any Lot or part thereof;

7.1.7       to sell the Lot Without Reserve by auction, private treaty or any other means on giving you three months’ written notice of our intention to do so;

7.1.8       to retain possession of any of your other property in our possession for any purpose (including, without limitation, other goods sold to you or with us for Sale) until all sums due to us have been paid in full;

7.1.9       to apply any monies received from you for any purpose whether at the time of your default or at any time thereafter in payment or part payment of any sums due to us by you under this agreement;

7.1.10     on three months’ written notice to sell, Without Reserve, any of your other property in our possession or under our control for any purpose (including other goods sold to you or with us for Sale) and to apply any monies due to you as a result of such Sale in payment or part payment of any amounts owed to us

7.1.11     refuse to allow you to register for a future Sale or to reject a bid from you at any future Sale or to require you to pay a deposit before any bid is accepted by us at any future Sale in which case we will be  entitled  to apply such deposit in payment or part payment, as the case may be, of the Purchase Price of any Lot of which you are the Buyer.

7.2         You agree to indemnify us against all legal and other costs, all losses and all other Expenses (whether or not court proceedings will have been issued) incurred by us as a result of our taking steps under this paragraph 7 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in paragraph 7.1.5 from the date upon which we become liable to pay the same until payment by you.If you pay us only part of the sums due to us such payment shall be applied firstly to the Purchase Price of the Lot (or where you have purchased more than one Lot pro-rata towards the Purchase Price of each Lot) and secondly to the Buyer’s Premium (or where you have purchased more than one Lot pro-rata to the Buyer’s Premium on each Lot) and thirdly to any other sums due to us.

7.3         We will account to you in respect of any balance we hold remaining from any monies received by us in respect of any Sale of the Lot under our rights under this paragraph 7 after the payment of all sums due to us and/or the Seller within 28 days of receipt by us of all such sums paid to us.

 

8            CLAIMS BY OTHER PERSONS IN RESPECT OF THE LOT

8.1         Whenever it becomes apparent to us that the Lot is the subject of a claim by someone other than you and other than the Seller (or that such a claim can reasonably be expected to be made), we may, at our absolute discretion, deal with the Lot  in  any manner which appears to us to recognise the

legitimate interests of ourselves and the other parties involved and lawfully to protect our position and

our legitimate interests. Without prejudice to the generality of the discretion and by way of example, we may:

8.1.1       retain the Lot to investigate any question raised or reasonably expected by us to be raised in relation to the Lot; and/or

8.1.2       deliver the Lot to a person other than you; and/or

8.1.3       commence interpleader proceedings or seek any other order of any court, mediator, arbitrator or government body; and/or

8.1.4       require an indemnity and/or security from you in return for pursuing a course of action agreed to by you

8.2         The discretion referred to in paragraph 8.1:

8.2.1       may be exercised at any time during which we have actual or constructive possession of the Lot, or at any time after such possession, where the cessation of such possession has occurred by reason of any decision, order or ruling of any court, mediator, arbitrator or government body; and

8.2.2       will not be exercised unless we believe that there exists a serious prospect of a good arguable case in favour of the claim.

 

9            FORGERIES

9.1         We undertake a personal responsibility for any Forgery in accordance with the terms of this paragraph 9.

9.2         Paragraph 9 applies only if:

9.2.1       your name appears as the named person to whom the original invoice was made out by us in respect of the Lot and that invoice has been paid; and

9.2.2       you notify us in writing as soon as reasonably practicable after you have become aware that the Lot is or may be a Forgery, and in any event within one year after the Sale, that the Lot is a Forgery; and

 

9.2.3       within one month after such notification has been given, you return the Lot to us in the same condition as it was at the time of the Sale, accompanied by written evidence that the Lot is a Forgery and details of the Sale and Lot number sufficient to identify the Lot.

9.3         Paragraph 9 will not apply in respect of a Forgery if:

9.3.1       the Entry in relation to the Lot contained in the Catalogue reflected the then accepted general opinion of scholars and experts or fairly indicated that there was a conflict of such opinion or reflected the then current opinion of an expert acknowledged to be a leading expert in the relevant field; or

9.3.2       it can be established that the Lot is a Forgery only by means of a process not generally accepted for use until after the date on which the Catalogue was published or by means of a process which it was unreasonable in all the circumstances for us to have employed.

9.4         You authorise us to carry out such processes and tests on the Lot as we in our absolute discretion consider necessary to satisfy ourselves that the Lot is or is not a Forgery.

9.5         If we are satisfied that a Lot is a Forgery we will (as principal) purchase the Lot from you and you will transfer the title to the Lot in question to us, with full title guarantee, free from any liens, charges, encumbrances and adverse claims, in accordance with the provisions of Sections 12(1) and 12(2) of the Sale of Goods Act 1979 and we will pay to you an amount equal to the sum of the Purchase Price, Buyer’s Premium, VAT and Expenses paid by you in respect of the Lot.

9.6         The benefit of paragraph 9 is personal to, and incapable of assignment by, you.

9.7         If you sell or otherwise dispose of your interest in the Lot, all rights and benefits under this paragraph will cease.

9.8         Paragraph 9 does not apply to a Lot made up of or including a Chinese painting or Chinese paintings, a motor vehicle or motor vehicles, a Stamp or Stamps or a Book or Books.

10          OUR LIABILITY

10.1        We will not be liable whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967 or in any other way for lack of conformity with or any inaccuracy, error, misdescription or omission in any Description of the Lot or any Entry or Estimate in respect of it, made by us or on our behalf or by or on behalf of the Seller (whether made in writing, including in the Catalogue, or on the Turner & Sons’

Website, or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during the Sale.

10.2        Our duty to you while the Lot is at your risk and/or your property and in our custody and/or control is to exercise reasonable care in relation to it, but we will not be responsible for damage to the Lot or to other persons or things caused by:

10.2.1     handling the Lot if it was affected at the time of Sale to you by woodworm and any damage is caused as a result of it being affected by woodworm; or

10.2.2     changes in atmospheric pressure; nor will we be liable for:

10.2.3     damage to tension stringed musical instruments; or

10.2.4     damage to gilded picture frames, plaster picture frames or picture frame glass; and if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we think fit and we will be under no liability to you for doing so.

10.3.1     We will not be liable to you for any loss of Business, Business profits, revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of the Buyer’s management or staff or, if you are buying the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of

the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed

in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.

10.3.2     Unless you buy the Lot as a Consumer, in any circumstances where we are liable to you in respect of a Lot, or any act, omission, statement, representation in respect of it, or this agreement or its performance, and whether in damages, for an indemnity or contribution or for a restitutionary

remedy or in any way whatsoever, our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot plus Buyer’s Premium (less any sum you may be entitled to recover from the Seller) irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from negligence, other tort,

breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.

You may wish to protect yourself against loss by obtaining insurance.

10.4   Nothing set out above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting  any person’s rights or remedies in respect of (i) fraud, or

(ii) death or personal injury caused by our negligence (or any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law, or

(v) under our undertaking in paragraph 9 of these conditions.

 

11          MISCELLANEOUS

11.1        You may not assign either the benefit or burden of this agreement.

11.2        Our failure or delay in enforcing or exercising any power or right under this agreement will not operate or be deemed to operate as a waiver of our rights under it except to the extent of any express waiver given to you in writing. Any such waiver will not affect our ability subsequently to enforce any right arising under this agreement.

11.3        If either party to this agreement is prevented from performing that party’s respective obligations   under  this  agreement  by  circumstances beyond  its reasonable control or if performance of its obligations would by reason of such circumstances give rise to a significantly increased financial cost to it, that party will not, for so long as such circumstances prevail, be required to perform such obligations. This paragraph does not apply to the obligations imposed on you by paragraph 3.

11.4        Any notice or other communication to be given under this agreement must be in writing and may be delivered by hand or sent by first class post or air mail or fax transmission (if to Turner & Sons marked for the attention of the Company Secretary), to the address or fax number of the relevant party given in the Contract Form (unless notice of any change of address is given in writing). It is the responsibility of the sender of the notice or communication to ensure that it is received in a legible form within any applicable  time period.

11.5        If any term or any part of any term of this agreement is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term.

11.6        References in this agreement to Turner & Sons will, where appropriate, include reference to Turner & Sons’ officers, employees and agents.

11.7        The headings used in this agreement are for convenience only and will not affect its interpretation.

11.8        In this agreement “including” means “including, without limitation”.

11.9        References to the singular will include reference to the plural (and vice versa) and reference to any one gender will include reference to the other genders.

11.10      Reference to a numbered paragraph is to a paragraph of this agreement.

11.11      Save as expressly provided in paragraph 12.nothing in this agreement confers (or purports to confer) on any person who is not a party to this agreement any benefit conferred by, or the right to enforce any term of, this agreement.

11.12      Where this agreement confers an immunity from, and/or an exclusion or restriction of, the responsibility and/or liability of Turner & Sons, it will also operate in favour and for the benefit of Turner & Sons’ holding company and the subsidiaries of such holding company and the successors and assigns of Turner & Sons and of such companies and of any officer, employee and agent of Turner & Sons and such companies, each

of whom will be entitled to rely on the relevant immunity and/or exclusion and/or restriction within and for the purposes of Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person who is not a party to the contract, and generally at law.

 

12          GOVERNING LAW

All transactions to which this agreement applies and all connected matters will be governed by and construed in accordance with the laws of that part of the United Kingdom where the Sale takes (or is to take) place and we and you each submit  to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that we may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction. Turner & Sons has a complaints procedure in place.

 

DATA PROTECTION – USE OF YOUR INFORMATION 

Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our Website www.Turner & Sons. com  or  by email from info@Turner & Sons.com.

APPENDIX 3

DEFINITIONS AND GLOSSARY

Where these Definitions and Glossary are incorporated, the following words and phrases used have (unless the context otherwise requires) the meanings given to them below. The Glossary is to assist you to understand words and phrases which have a specific legal meaning with which you may not be familiar.

LIST OF DEFINITIONS

“Additional Premium” a premium, calculated in accordance with the Notice to Bidders, to cover Turner & Sons’ Expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006 which is payable by the Buyer to Turner & Sons on any Lot marked [AR] which sells for a Hammer Price which together with the Buyer’s Premium (but excluding any VAT) equals or exceeds 1000 euros (converted into

the currency of the Sale using the European Central Bank Reference rate prevailing on the date of the Sale). “Auctioneer” the representative of Turner & Sons conducting the Sale.

“Bidder” a person who has completed a Bidding Form. “Bidding Form” our Bidding Registration Form, our Absentee Bidding Form or our Telephone Bidding Form.

“Turner & Sons” Turner & Sons 1793 Limited or its successors or assigns. Turner & Sons is also referred to in the Buyer’s Agreement, the Conditions of Business and the Notice to Bidders by the words  “we”,  “us”  and “our”.

“Book” a printed Book offered for Sale at a specialist Book Sale.

“Business” includes any trade, Business and profession. “Buyer” the person to whom a Lot is knocked down by the Auctioneer. The Buyer is also referred to in the Contract for Sale and the Buyer’s Agreement by the words “you” and “your”.

“Buyer’s Agreement” the contract entered into by Turner & Sons

with the Buyer (see Appendix 2 in the Catalogue).

“Buyer’s Premium” the sum calculated on the Hammer   Price

at the rates stated in the Notice to Bidders.

“Catalogue” the Catalogue relating to the relevant Sale, including any representation of the Catalogue published on our  Website.

“Commission” the Commission payable by the Seller to Turner & Sons calculated at the rates stated in the Contract Form. “Condition Report” a report on the physical condition of a Lot provided to a Bidder or potential Bidder by Turner & Sons on behalf of the Seller.

“Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s Agreement and Definitions and Glossary. “Consignment Fee” a fee payable to Turner & Sons by the Seller calculated at rates set out in the Conditions of Business. “Consumer” a natural person who is acting for the relevant purpose outside his trade, Business or profession.

“Contract Form” the Contract Form, or vehicle Entry form, as applicable, signed by or on behalf of the Seller listing the Lots to be offered for Sale by Turner & Sons.

“Contract for Sale” the Sale contract entered into by the Seller with the Buyer (see Appendix 1 in the Catalogue). “Contractual Description” the only Description of the Lot  (being that part of the Entry about the Lot in the Catalogue which is in bold letters, any photograph (except for the colour) and the contents of any Condition Report) to which the Seller undertakes in the Contract of Sale the Lot corresponds. “Description” any statement or representation in  any

way descriptive of the Lot, including any statement or representation relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value, estimated selling price (including the Hammer Price).

“Entry” a written  statement  in  the  Catalogue  identifying  the Lot and its Lot number which may contain a Description and illustration(s) relating to the   Lot.

“Estimate” a statement of our opinion of the range within which the hammer is likely to fall.

“Expenses” charges and Expenses paid or payable    by Turner & Sons in respect of the Lot including legal  Expenses, banking charges and Expenses incurred as a result of an electronic transfer of money, charges and Expenses for loss and damage cover, insurance, Catalogue and other reproductions and illustrations, any customs duties, advertising, packing or shipping costs, reproductions rights’ fees, taxes, levies, costs of testing, searches or enquiries, preparation of the Lot for Sale, storage charges, removal charges, removal charges or costs

of collection from the Seller as the Seller’s agents or from a defaulting Buyer, plus VAT if applicable.

“Forgery” an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Sale had a value materially less than it would have had if the Lot had not been such an imitation, and which is not stated to be  such  an imitation in any description of the Lot. A Lot will not be a Forgery by reason of any damage to, and/or restoration and/ or modification work (including repainting or over painting) having been carried out on the Lot, where that damage,

restoration or modification work (as the case may be) does not substantially affect the identity of the Lot as one conforming to the Description of the Lot.

“Guarantee” the obligation undertaken personally by Turner & Sons to the Buyer in respect of any Forgery and, in the case of specialist Stamp Sales and/or specialist Book Sales, a Lot made up of a Stamp or Stamps or a Book or Books as set   out  in the Buyer’s Agreement.

“Hammer Price” the price in the currency in which the Sale is conducted at which a Lot is knocked down by the  Auctioneer.

“Loss and Damage Warranty” means the warranty described in paragraph 8.2 of the Conditions of  Business.

“Loss and Damage Warranty Fee” means the fee described in paragraph 8.2.3 of the Conditions of  Business.

“Lot” any item consigned to Turner & Sons with a view to its Sale at auction or by private treaty (and reference to any Lot will include, unless the context otherwise requires, reference to individual items comprised in a group of two or more items offered for Sale as one Lot).

“Motoring Catalogue Fee” a fee payable by the Seller to Turner & Sons in consideration of the additional work undertaken by Turner & Sons in respect of the cataloguing of motor vehicles and in respect of the promotion of Sales of motor vehicles. “New Bond Street” means Turner & Sons’ saleroom at 101 New Bond Street, London W1S 1SR.

“Notional Charges” the amount of Commission and VAT     which would have been payable if the Lot had been sold at the Notional Price.

“Notional Fee” the sum on which the Consignment Fee payable to Turner & Sons by the Seller is based and which is calculated according to the formula set out in the Conditions of Business.

“Notional Price” the latest in time of the average of the high and low Estimates given by us to you or stated in the Catalogue or, if no such Estimates have been given or stated, the Reserve applicable to the Lot.

“Notice to Bidders” the notice printed at the back or front of our Catalogues.

“Purchase Price” the aggregate of the Hammer Price and VAT on the Hammer Price (where applicable), the Buyer’s Premium and VAT on the Buyer’s Premium and any    Expenses. “Reserve” the minimum price at which a Lot may be sold (whether at auction or by private treaty).

“Sale” the auction Sale at which a Lot is to be offered for   Sale

by Turner & Sons.

“Sale Proceeds” the net amount due to the Seller from the Sale of a Lot, being the Hammer Price less the Commission, any VAT chargeable thereon, Expenses and any other amount due to us in whatever capacity and howsoever arising.

“Seller” the person who offers the Lot for Sale named on the Contract Form. Where the person so named identifies on the form another person as acting as his agent, or where the person named on the Contract Form acts as an agent for a

principal (whether such agency is disclosed to Turner & Sons or not), “Seller” includes both the agent and the principal who shall be jointly and severally liable as such. The Seller is also referred to in the Conditions of Business by the words “you” and “your”. “Specialist Examination” a visual examination of a Lot by a specialist on the Lot.

“Stamp” means a postage Stamp offered for Sale at a Specialist Stamp Sale.

“Standard Examination” a visual examination of a Lot by a non-specialist member of Turner & Sons’ staff.

“Storage Contract” means the contract described in paragraph 8.3.3 of the Conditions of Business or  paragraph

4.4 of the Buyer’s Agreement (as appropriate).

“Storage Contractor” means the company identified as  such in the Catalogue.

“Terrorism” means any act or threatened act of terrorism, whether any person is acting alone or on behalf of or in connection with any organisation(s) and/or government(s), committed for political, religious or ideological or similar purposes including, but not limited to, the intention to influence any government and/or put the public or any section of the public into fear.

“Trust Account” the bank account of Turner & Sons into which all sums received in respect of the Purchase Price of any

Lot will be paid, such account to be a distinct and separate account to Turner & Sons’ normal business bank account.

“VAT” value added tax at the prevailing rate at the date of   the

Sale in the United Kingdom.

“Website” Turner & Sons Website at www.Turner & Sons.com “Withdrawal Notice” the Seller’s written notice to Turner & Sons revoking Turner & Sons’ instructions to sell a Lot.

“Without Reserve” where there is no minimum price at which a Lot may be sold (whether at auction or by private treaty).

 

GLOSSARY

The following expressions have specific legal meanings with which you may not be familiar. The following glossary is intended to give you an understanding of those expressions but is not intended to limit their legal meanings:“artist’s resale right”: the right of the creator of a work of art to receive a payment on Sales of that work subsequent to the original Sale of that work by the creator of it as set out in the Artists Resale Right Regulations 2006.

“bailee”: a person to whom goods are entrusted. “indemnity”: an obligation to put the person who has the benefit of the indemnity in the same position in which he would have been, had the circumstances giving rise to the indemnity not arisen and the expression “indemnify” is construed accordingly.

“interpleader proceedings”: proceedings in the Courts to determine ownership or rights over a Lot.

“knocked down”: when a Lot is sold to a Bidder, indicated by the fall of the hammer at the Sale.

“lien”: a right for the person who has possession of the Lot to retain possession of it.

“risk”: the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or    value.

“title”: the legal and equitable right to the ownership of a Lot. “tort”: a legal wrong done to someone to whom the wrong doer has a duty of care.

 

SALE OF GOODS ACT 1979

The following is an extract from the Sale of Goods Act 1979: “Section 12 Implied terms about title, etc

(1)             In a contract of sale, other than one to which subsection below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell  he will have such a right at the time when the property is to pass.In a contract of sale, other than one to which subsection below applies, there is also an implied term that-the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and  the buyer will enjoy quiet possession of the goods except in so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.

(2)             This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.  In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.  In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer’s quiet possession of the goods, namely:  the seller;     in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person; anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.”