INFORMATION FOR BUYERS
- 1. Introduction. The following informative notes are intended to assist Buyers,
particularly those inexperienced or new to our salerooms. All sales are conducted
on our printed Conditions of Sale which are readily available for inspection and
normally accompany catalogues. Our staff will be happy to help you if there is anything
you do not fully understand.
- 2. Agency. As auctioneers we usually contract as agents for the seller whose identity,
for reasons of confidentiality, is not normally disclosed. Accordingly if you buy
your primary contract is with the seller.
- 3. Estimates. Estimates are designed to help buyers gauge what sort of sum might
be involved for the purchase of a particular lot. The lower estimate may represent
the reserve price and certainly will not be below it. Estimates do not include the
Buyer’s Premium or VAT (where chargeable). Estimates are prepared some time before
the sale and may be altered by announcement before the sale. They are in no sense
- 4. Buyer’s Premium. The Conditions of Sale oblige buyers to pay a buyer’s premium
at 21% on the hammer price of each lot purchased. VAT is charged on the premium
- 5. VAT. (*) indicates that VAT is payable by the purchaser at the standard rate
(presently 20%) on the hammer price as well as being an element in the buyer’s premium.
This imposition of VAT is likely to be because the seller is registered for VAT
within the European Union and is not operating the Dealers Margin Scheme or because
VAT is due at 20% on importation into the UK. The double symbol (**) indicates that
the lot has been imported from outside the European Union and the present position
is that these lots are liable to a reduced rate of VAT (5%) on the gross lot price
(i.e. both the hammer price and the buyer’s premium). Lots which appear without
either of the above symbols indicate that no VAT is payable on the hammer price.
This is because such lots are sold using the Auctioneers’ Margin Scheme and it should
be noted that the VAT included within the Premium is not recoverable as input tax.
- 6. We are, primarily, agents for the seller. We are dependent on information provided
by the seller and whilst we may inspect lots and act reasonably in taking a general
view about them we are normally unable to carry out a detailed or any examination
of lots in order to ascertain their condition in the way in which it would be wise
for a buyer to do. Intending buyers have ample opportunity for inspection of goods
and, therefore, accept responsibility for inspecting and investigating lots in which
they may be interested. Please note carefully the exclusion of liability for the
condition of lots contained in the Conditions of Sale. Neither the seller nor we,
as the auctioneers, accept any responsibility for their condition. In particular,
mechanical objects of any age are not guaranteed to be in working order. However,
in so far as we have examined the goods and make a representation about their condition,
we shall be liable for any defect which that examination ought to have revealed
to the auctioneer but which would not have been revealed to the buyer had the buyer
examined the goods. Additionally, in specified circumstances lots misdescribed because
they are ‘deliberate forgeries’ may be returned and repayment made. There is a 3
week time limit. (The expression ‘deliberate forgery’ is defined in our Conditions
- 7. Electrical goods (unless they are sold as ‘antiques’ only) are checked over for
compliance with safety regulations by a qualified electrician and are guaranteed
up until the Wednesday following the sale.
- 8. Export of goods. Buyers intending to export goods should ascertain (a) whether
an export licence is required and (b) whether there is any specific prohibition
on importing goods of that character because, e.g. they may contain prohibited materials
such as ivory. Ask us if you need help.
- 9. Bidding. Bidders are required to register before the sale commences and lots
will be invoiced to the name and address on the registration form. Some form of
identification will be required if you are unknown to us. Please enquire in advance
about our arrangements for telephone bidding.
- 10. Commission bidding. Commission bids may be left with the auctioneers indicating
the maximum amount to be bid excluding buyers’ premium. They will be executed as
cheaply as possible having regard to the reserve (if any) and competing bids. If
two buyers submit identical commission bids the auctioneers may prefer the first
bid received. The auctioneers reserve the right to exceed the maximum amount by
one bid in order to secure the lot on your behalf. Please enquire in advance about
our arrangements for the leaving of commission bids by telephone, email or FAX.
- 11. Methods of Payment. These are cash, debit or credit card or banker’s draught.
- 12. Collection and storage. Please note what the Conditions of Sale state about
collection and storage. It is important that goods are paid for and collected promptly.
Any delay may involve the buyer in paying storage charges.
- 13. DROIT DE SUITE pleases see point 21 in CONDITIONS OF SALE.
- 14. LIVE BIDDING please see point 22 in CONDITIONS OF SALE
TERMS OF CONSIGNMENT FOR SELLERS
- 1. Interpretation. In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller
and if the consignment of goods to us is made by an agent we assume that the Seller
has authorised the consignment and that the consignor has the Seller’s authority
to contract. Similarly the words ‘we’, ‘us’, etc. refer to the Auctioneers.
- 2. Commission is charged to sellers at the following rates:- 10% over £1001 and
15% up to £1000. The standard entry fee for illustrated lots is £10, (cover illustration
fees will be at auctioneers discretion). Entry fee for lots not illustrated is £1.
(Entry fees are charged sold or unsold). Minimum commission charge is £6 per lot.
- 3. Collection costs. We have vans available to collect and will be pleased to quote.
- 4. Loss and Damage of goods. Loss and Damage – David Duggleby Ltd is not authorised
by the FSA to provide insurance to its clients, and does not so do. However David
Duggleby Ltd for its own protection, assumes liability for property consigned to
it at the lower pre-sale estimate until the hammer falls. To justify accepting liability,
David Duggleby Ltd makes a charge of 1% of the hammer price plus VAT. The liability
assumed by David Duggleby Ltd shall be limited to the lower pre-sale estimate, or
the hammer price if the lot has sold, or to the reserve if the lot was unsold. (b)
If the owner of goods consigned instructs us in writing not to take such action,
the goods then remain entirely at the owner’s risk unless and until the property
in them passes to the Buyer or they are collected by or on behalf of the owner,
and clause 4(a) is inapplicable.
- 5. Illustrations. The cost of any illustrations is borne by you (see 2.) The copyright
in respect of such illustrations shall be the property of us, the auctioneers, as
is the text of the catalogue.
- 6. Reserves.
- (a) You are entitled to place prior to the auction a reserve on any lot consigned
over the value of £50, being the minimum hammer price at which that lot may be sold.
Reserves must be reasonable and we may decline to offer goods which in our opinion
would be subject to an unreasonably high reserve (in which case goods carry the
storage and insurance charges stipulated in these Terms of Consignment).
- (b) A reserve once set cannot be changed except with our consent.
- (c) Where a reserve has been placed only we may bid on your behalf and only up to
the reserve (if any) and you may in no circumstances bid personally.
- (a) You are entitled to place prior to the auction a reserve on any lot consigned
- 7. Electrical items. These are subject to detailed statutory safety controls. Where
such items are accepted for sale you accept responsibility for the cost of testing
by external contractors. Goods not certified as safe by an electrician (unless antiques)
will not be accepted for sale. They must be removed at your expense on your being
notified. We reserve the right to dispose of unsafe goods as refuse, at your expense
- 8. Soft furnishings. The sale of soft furnishings is strictly regulated by statute
law in the interests of fire safety. Goods found to infringe safety regulations
will not be offered and must be removed at your expense. We reserve the right to
dispose of unsafe goods as refuse, at your expense. The rights of disposal referred
to in clause 8 and 9 are subject to the provisions of The Torts (Interference with
Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request
- 9. Descriptions. Please assist us with accurate information as to the provenance
etc. of goods where this is relevant. There is strict liability for the accuracy
of descriptions under modern consumer legislation and in some circumstances responsibility
lies with sellers if inaccuracies occur. We will assume that you have approved the
catalogue description of your lots unless informed to the contrary. Where we are
obliged to return the price to the buyer when the lot is a deliberate forgery under
Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds
of sale you agree to reimburse us the sale proceeds. The liability to reimburse
the sale proceeds shall not arise where you are acting reasonably and honestly and
are unaware of the forgery but we are or ought to have been aware of it.
- 10. Unsold and withdrawn items. If an item is unsold it may with your consent be
re-offered at a future sale. Where in our opinion an item is unsaleable you must
-collect such items from the saleroom promptly on being so informed. Otherwise,
storage charges may be incurred. We reserve the right to charge for storage in these
circumstances at a reasonable daily rate.
- 11. Withdrawn and bought in items. These are liable to incur a charge of 10% plus
VAT on being bought in or withdrawn after being catalogued.
- 12. Conditions of Sale. You agree that all goods will be sold on our Conditions
of Sale. In particular you undertake that you have the right to sell the goods either
as owner or agent for the owner. You undertake to compensate us and any buyer or
third party for all losses liabilities and expenses incurred in respect of and as
a result of any breach of this undertaking.
- 13. Authority to deduct commission and expenses and retain premium and interest.
- (a) You authorise us to deduct commission at the stated rate and all expenses incurred
for your account from the hammer price and consent to our right to retain beneficially
the premium paid by the buyer in accordance with our Conditions of Sale and any
interest earned on the sale proceeds until the date of settlement.
- (b) You authorise us in our discretion to negotiate a sale by private treaty in
the case of lots unsold at auction, in which case the same charges will be payable
as if such lots had been sold at auction and so far as appropriate these Terms apply.
- (a) You authorise us to deduct commission at the stated rate and all expenses incurred
- 14. Warehousing. We disclaim all liability for goods delivered to our saleroom without
sufficient sale instructions and reserve the right to make minimum warehousing charge
of £1 per lot per day. Unsold lots are subject to the same charges if you do not
remove them within a reasonable time of notification. If not removed within three
weeks we reserve the right to sell them and defray charges from any net proceeds
of sale or at your expense to consign them to the local authority for disposal.
- 15. Settlement. After sale settlement of the net sum due to you normally takes place
within 14 days of the sale (by crossed cheque to the seller) unless the buyer has
not paid for the goods. In this case no settlement will then be made but we will
take your instructions in the light of our Conditions of Sale. You authorise any
sums owed by you to us on other transactions to be deducted from the sale proceeds.
You must note the liability to reimburse the proceeds of sale to us as under the
circumstances provided for in Condition 10 above. You should therefore bear this
potential liability in mind before parting with the proceeds of sale until the expiry
of 21 days from the date of sale.
CONDITIONS OF SALE
David Duggleby Ltd carries on business with bidders, buyers and all those introduce in the auction room prior to or in connection with a sale on the follow general Conditions and on such other terms, conditions and notices as may be referred to herein .
In these Conditions :
Reading: The London Mint Office ‘A War to End all Wars’ coin set ‘Lone Soildier’ 9 carat gold coin, 10 grams, three cupronickel commemorative ‘gold layered’ coins, ‘By Air’, ‘By Sea’ and ‘By Land’ and ‘The Ba
- (a) “auctioneer” means the firm of David Duggleby Ltd or its authorised auctioneer,
- (b) “deliberate forgery” means an imitation made with the intention of deceiving
as to authorship, origin, date, age, period, culture or source but which is unequivocally
described in the catalogue as being the work of a particular creator and which at
the date of the sale had a value materially less than it would have had if it had
been in accordance with the description;
- (c) “hammer price” means the level of bidding reached (at or above any reserve)
when the auctioneer brings down the hammer;
- (d) “terms of consignment” means the stipulated terms and rates of commission on
which David Duggleby Ltd accepts instructions from sellers or their agents;
- (e) “total amount due” means the hammer price in respect of the lot sold together
with any premium, Value Added Tax chargeable and any additional charges payable
by a defaulting buyer under these Conditions;
- (f) “sale proceeds” means the net amount due to the seller, being the hammer price
of the lot sold less commission at the stated rate, Value Added Tax chargeable and
any other amounts due to us by the seller in whatever capacity and however arising;
- (g) “You”, “Your”, etc. refer to the buyer as identified in Condition 2.
- (h) The singular includes the plural and vice versa as appropriate.
2. invite PROCEDURES AND THE BUYER
- (a) Bidders are required to register their particulars before bidding and to satisfy
any security arrangements before entering the auction room to view or bid;
- (b) the maker of the highest bid accepted by the auctioneer conducting the sale
shall be the buyer at the hammer price and any dispute about a bid shall be settled
at the auctioneer’s absolute discretion by reoffering the Lot during the course
of the auction or otherwise. The auctioneer shall act reasonably in exercising this
- (c) Bidders shall be deemed to act as principals.
- (d) Once made, no bid may be withdrawn.
( 2 ) Our correctly to bid on behalf of the seller is expressly reserved up to the measure of any reserve and the right to refuse any bid is besides reserved .
bid increments shall be at the auction ’ s sole discretion .
4. THE PURCHASE PRICE
The buyer shall pay the malleus price together with a bounty thereon of 16.67 % which plus VAT on the agio at the pace imposed by jurisprudence .
5. VALUE ADDED TAX
Value Added Tax on the hammer monetary value is imposed by jurisprudence on all items affixed with an asterisk or double star. Value Added Tax is charged at the appropriate rate predominate by law at the date of sale and is account payable by buyers of relevant Lots. ( Please refer to “ Information for Buyers ” for a brief explanation of the VAT position ) .
( 1 ) immediately a Lot is sold you will :
- (a) give to us, if requested, proof of identity, and
- (b) pay to us the total amount due in cash or in such other way as is agreed by
( 2 ) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without involve to any directions of you or your agentive role, whether express or implied .
7. title AND COLLECTION OF PURCHASES
- (1) The ownership of any Lots purchased shall not pass to you until you have made
payment in full to us of the total amount due.
- (2) You shall at your own risk and expense take away any lots that you have purchased
and paid for not later than 3 working days following the day of the auction or upon
the clearance of any cheque used for payment after which you shall be responsible
for any removal, storage and insurance charges.
- (3) No purchase can be claimed or removed until it has been paid for.
8. REMEDIES FOR NON-PAYMENT OR FAILURE TO COLLECT PURCHASES
( 1 ) If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any early breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute delicacy and without bias to any early rights we may have, be entitled to exercise one or more of the pursue rights and remedies :
- (a) to proceed against you for damages for breach of contract;
- (b) to rescind the sale of that Lot and/or any other Lots sold by us to you;
- (c) to resell the Lot (by auction or private treaty) in which case you shall be
responsible for any resulting deficiency in the total amount due (after crediting
any part payment and adding any resale costs). Any surplus so arising shall belong
to the seller;
- (d) to remove, store and insure the Lot at your expense and, in the case of storage,
either at our premises or elsewhere;
- (e) to charge interest at a rate not exceeding 1.5% per month on the total amount
due to the extent it remains unpaid for more than 3 working days after the sale;
- (f) to retain that or any other Lot sold to you until you pay the total amount due;
- (g) to reject or ignore bids from you or your agent at future auctions or to impose
conditions before any such bids shall be accepted;
- (h) to apply any proceeds of sale of other Lots due or in future becoming due to
you towards the settlement of the total amount due and to exercise a lien (that
is a right to retain possession of) any of your property in our possession for any
purpose until the debt due is satisfied.
( 2 ) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make allow convalescence in respect of breach of these conditions
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own hazard and must note the lay-out of the adjustment and security arrangements. accordingly neither the auction nor our employees or agents shall incur liability for death or personal injury ( except a required by police by reason of our negligence ) or similarly for the safety of the property of persons visiting anterior to or at a sale .
10. commission BIDS
Whilst prospective buyers are powerfully advised to attend the auction and are always responsible for any decisiveness to bid for a particular bunch and shall be assumed to have cautiously inspected and quenched themselves as to its condition we will if so instruct distinctly and in writing execute bids on their behalf. Neither the auction nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more deputation bids at the same level are recorded we reserve the correctly in our absolute discretion to prefer the first base bid sol made .
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auction and you that the seller is the true owner of the property consigned or is by rights authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any one-third party claims.
The auction normally acts as agent entirely and disclaims any duty for nonpayment by sellers or buyers .
13. price OF SALE
The seller acknowledges that Lots are sold national to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consigner at the time of the entrance of the Lot .
14. DESCRIPTIONS AND CONDITION
( 1 ) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due application on each set. prospective buyers are given ample opportunities to view and inspect before any sale and they ( and any mugwump experts on their behalf ) must satisfy themselves as to the accuracy of any description applied to a set. prospective buyers besides bid on the understand that, inevitably, representations or statements by us as to authorship, authenticity, beginning, date, age, birthplace, condition or estimated betray price involve matters of public opinion. We undertake that any such public opinion shall be honestly and sanely held and accept indebtedness for opinions given negligently or fraudulently. subject to the foregoing neither we the auction nor our employees or agents nor the seller accept indebtedness for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This stipulate is subject to the following keep up condition concerning careful forgeries and applies save as provided for in paragraph 6 “ information to buyers ” .
( 2 ) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation .
Notwithstanding the preceding Condition, any Lot which proves to be a careful counterfeit ( as defined ) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bribe, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a careful counterfeit we shall refund the money paid by you for the Lot including any buyer’s premium provided that ( 1 ) if the catalog description reflected the accept watch of scholars and experts as at the date of sale or ( 2 ) you personally are not able to transfer a adept and marketable title to us, you shall have no rights under this condition .
The right of retort provided by this Condition is extra to any right or remedy provided by law or by these Conditions of Sale .
16. We shall have the right at our delicacy, to refuse admission to our premises or attendance at our auctions by any person .
17. ( 1 ) any right to compensation for losses liabilities and expenses incurred in deference of and as a consequence of any transgress of these Conditions and any exclusions provided by them shall be available to the seller and/or the auction as appropriate .
( 2 ). such rights and exclusions shall extend to and be deemed to be for the profit of employees and agents of the seller and/or the auctioneer who may themselves enforce them .
18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail in which encase it shall be deemed to have been received by the addressee 48 hours after posting .
19. extra terms may be used in catalog descriptions of particular classes of items in which case the descriptions must be interpreted in accord with any glossary appear at the beginning of the catalog .
20. Any indulgence extended to bidders buyers or sellers by us notwithstanding the hard-and-fast terms of these Conditions or of the Terms of Consignment shall affect the military position at the relevant clock time only and in respect of that detail concession alone ; in all other respects these Conditions shall be construed as having full push and impression .
21. DROIT DE SUITE royalty charges. From 14th February 2006 all UK art commercialize professionals ( which includes but is not limited to auctioneers, dealers, galleries, agents and other intermediaries ) are required to collect a royalty requital for all works of artwork that have been produced by living artists. This requital is lone calculated on qualifying works of art which are sold for a mallet price more than the UK sterling equivalent of EURO 1,000- the UK sterling equivalent will fluctuate in line with prevail exchange rates. It is wholly the province of the buyer to acquaint himself with the accurate EURO to UK sterling substitution pace on the day of the sale in this regard and the auction accepts no responsibility any if the qualify rate is different to the rate indicated. All items in this catalogue that are marked with DDS are potentially modify items and the royalty charge will be applied if the hammer price achieved is more than the UK greatest equivalent of EURO 1,000. The royalty charge will be added to the to all relevant buyers ’ invoices and must be paid before items can be cleared. All royalty charges are passed on to the Design and Artists Copyright Society ( ‘ DACS ’ ) no handling costs or extra fees with deference to these charges will be retained by the auctioneers. The royalty charge that will be applied to qualifying items which achieve a malleus price of more than the UK sterling equivalent of EURO 1,000, but less than the UK greatest equivalent of 50,000 is 4 %. For qualifying items that sell for more than the UK greatest equivalent of EURO 50,000 a sliding scale of royalty charges apply – for a complete list of royalty charges and threshold levels please see www.dacs.org.uk. There is no VAT payable on this royalty charge .
22. ONLINE bid
David Duggleby Ltd offer an online wish serve via the-saleroom.com for bidders who can not attend the sale.
Read more: Possum Magic Coins
In completing the bidder registration on www.the-saleroom.com and providing your credit tease details and unless alternative arrangements are agreed with David Duggleby Ltd you :
- A. authorise David Duggleby Ltd, if they so wish, to charge the credit card given
in part or full payment, including all fees, for items successfully purchased in
the auction via the-saleroom.com, and
- B. confirm that you are authorised to provide these credit card details to David
Duggleby Ltd through www.the-saleroom.com and agree that David Duggleby Ltd are
entitled to ship the goods to the card holder name and card holder address provided
in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction overhaul will be subjugate to an extra % committee consign + VAT at the rate imposed on the mallet price
23. english police applies to the interpretation of these Conditions .