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Buyer's Premium£1 - 5,000: 33.0%
CONDITIONS OF SALE
SHIPPING. Please note shipping is more expensive in the UK than in USA and buyers should be aware that it will not be economic to purchase low value lots for shipping abroad. The auctioneers do not ship direct themselves but can put buyers in touch with shippers
REGISTRATION. All internet bidders must register with us before placing any commission bids or bidding live during the auction
BUYERS PREMIUM Internet buyers agree to pay a buyers premium at 30% on the hammer price, inclusive of Value Added Tax at 20% on that buyers premium. (For example on a purchase at £100 hammer price the buyer will pay a buyers premium of £30.00, plus VAT on that £20.00. ie TOTAL including hammer price £130.) NOTE Where goods are being exported from the European Union VAT is payable on buyers premium, but it can be reclaimed on export. PLEASE NOTE THAT THERE ARE ADDITIONAL CHARGES FOR PURCHASING LIVE ON LINE OF A FURTHER 3% INCLUSIVE OF VAT
COLLECTION. Any delay beyond five working days from the date of sale will involve buyers in paying our storage charges calculated at £5.00 per lot per day unless prior alternative arrangements have been agreed. NO LOTS MAY BE REMOVED IN RESPECT OF PAYMENTS UNTIL FUNDS ARE CLEARED IN OUR ACCOUNT.
ARTISTS RESALE RIGHTS Saleroom notice:Artist's Resale Rights Regulations 2006 may apply to some lots marked § Please note that by bidding in this sale you agree that if you are the successful bidder for a lot covered by these regulations you will pay an amount equal to the resale royalty, and this amount will be added to your invoice (in addition to Buyers Premium) at a maximum rate of 4% of the hammer price for lots sold for a price in excess of the equivalent of 1,000 Euros. We undertake to the buyer to pay such amount to the artist's collection agent.
CONDITION REPORTS . Where immediately available these are included in the catalogue. If there is no report or you require further information or further images please advise us and we shall endeavour to post these on the site as soon as possible. PLEASE BE PATIENT AS SOMETIMES WE MAY BE UNABLE TO DEAL WITH YOUR REQUEST IMMEDIATELY. ALL ENQUIRIES ARE DEALT WITH IN THE ORDER RECEIVED.
METHODS OF PAYMENT. INTERNET BIDDERS MUST MAKE PAYMENT WITHIN 5 WORKING DAYS BY DEBIT OR CREDIT CARD OR BY BANK TRANSFER. FOR BANK TRANSFERS CONTACT US FOR OUR BANK DETAILS AFTER SECURING YOUR PURCHASE. There is a surcharge of 2.5% plus 20% VAT on credit cards. Any queries relating to purchases must be completed within 10 working days of the sale.
OTHER 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 set out below 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 definitive.
4. Buyer's Premium. See above
5. VAT. (†) indicates that VAT is payable by the purchaser at the standard rate (presently 20%) on the hammer price on the marked lot 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.
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 from the date of the sale. (The expression 'deliberate forgery' is defined in our Conditions of Sale).
7. Electrical goods. These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
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.
9. Bidding. Bidders may be 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 may be required if you are unknown to us.
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. Please enquire in advance about our arrangements for the leaving of commission bids by telephone or FAX.
11 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.
EXPLANATION OF PICTURE CATALOGUING TERMS
Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of representation of fact. The Auctioneers reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
The forename(s) and surname of the artist: In our opinion a work by the artist.
The initials of the forename(s) and the surname of the artist: In our opinion a work of the period of the artist which may be wholly, or in part his work.
The surname only of the artist: In our opinion a work of the school or by one of the followers of the artist or in his style and of uncertain date.
'English School', 'Italian School': etc: In our opinion a work executed at a later date that the style may suggest.
'Signed': Has a signature which in our opinion is a recognised signature.
'Dated': Is so date and in our opinion was executed at that date.
The term 'bears' a signature and/or date and/or an inscription: Means that in our opinion the artist's name and/or date and/or inscription have been added by another hand.
Measurements: Height precedes width.
CONDITIONS OF SALE
Ewbank Auctioneers carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
In these Conditions:
(a) "auctioneer" means the firm of Ewbank Auctioneers or its authorised auctioneer, as appropriate;
(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 Ewbank Auctioneers 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. BIDDING 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 discretion.
(c) Bidders shall be deemed to act as principals.
(d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
Bidding increments shall be at the auctioneer's sole discretion.
4. THE PURCHASE PRICE
The buyer shall pay the hammer price together with a premium thereon of 30% plus VAT on the premium ONLY ie not on the hammer price see above. Plus a further 3% online buyers premium. Total 33%.
5. VALUE ADDED TAX
Value Added Tax on the hammer price is imposed by law on all items affixed with a '†' or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is 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(In House Only) or in such other way as is agreed by us.
(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 regard to any directions of you or your agent, 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 5 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 Loss and Damage Warranty 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 other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following 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;
(2) 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.
(3) 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 appropriate recovery in
respect of breach of these conditions
9. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
10. COMMISSION BIDS
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
11. WARRANTY OF TITLE AND AVAILABILITY
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly 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 third party claims.
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
13. TERMS OF SALE
The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry 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 diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability 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 Condition is subject to the next following Condition concerning deliberate 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 deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery we shall refund the money paid by you for the Lot including any buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
Autographs - We check all autographs when they are valued and believe to the best of our knowledge they are authentic. Many autographs come from private sellers and are sold without any history or COA. We urge buyers to satisfy themselves BEFORE bidding. If you strongly fee an item has been miss-described please contact us within one calendar month after the auction. If you are an overseas buyer it is your prerogative to arrange shipping in good time to avoid the one month cut off period. If a concern is raised before the end of the timescale we will place the item on hold for another calendar month. During this time a letter of rejection must be obtained from PSA/DNA and NO ONE else. Details can be found here http://www.psacard.com/Services/AutographAuthentication
If a letter of rejection is provided by PSA/DNA we will offer a full refund, not inclusive of shipping or authentication. This is why we urge buyers to satisfy themselves BEFORE bidding.
16. We shall have the right at our discretion, 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 respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.
(2). Such rights and exclusions shall extend to and be deemed to be for the
benefit 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 or Swiftmail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
20. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
21. English law applies to the interpretation of these conditions
There is a surcharge of 2.5% plus VAT on credit cards
Your Bid is a binding and legally enforceable contract.
INTERNET BIDDERS MUST MAKE PAYMENT WITHIN 5 WORKING DAYS BY DEBIT OR CREDIT CARD OR BY BANK TRANSFER. FOR BANK TRANSFERS CONTACT US FOR OUR BANK DETAILS AFTER SECURING YOUR PURCHASE. GOODS WILL NOT BE RELEASED UNTIL WE HAVE THE CLEARED FUNDS IN OUR ACCOUNT. WE NOW HAVE A SECURE INTERNET BASED PAYMENT PLATFORM VIA WORLD PAY (ACCESSED THROUGH OUR WEBSITE)
SHIPPING. The auctioneers do not ship direct themselves. May be arranged through local carriers and shippers. Please contact the auctioneer for suggested shippers or you are welcome to arrange your own packers and shippers.
Buyers agree to pay to the auctioneers a buyers premium at 30% on the hammer price, inclusive of Value Added Tax) at 20% on that buyers premium) plus a further 3% online buyers premium making a total of 33%. For example on a purchase at £100 hammer price the buyer will pay a buyers premium of £30.00 plus online buyers premium at 3% = a total of £33. NOTE Where goods are being exported from the European Union no VAT is payable on buyers premium, which can be reclaimed on export. There is an additional premium for bidding live on line set on invaluable at 3%
Value Added Tax on hammer prices is not normally charged although on rare occasions it has to be paid by a purchaser depending on the tax status of the vendor. If VAT is payable on the hammer price on any lot this will be clearly stated and the lot will be marked with a dagger † . NOTE Where goods are being exported from the European Union no VAT is payable on buyers premium.
The following are the TERMS OF SALE for bidding in Live Auction, Thursday, June 22, 2016.
AUCTION will start at 9 a.m. MT, 11 a.m. EST, 8 a.m. PST - Live Online / Absentee Bidding only.
Please read the following "Terms of Sale" carefully. These terms are applicable to all bidders in this auction, collectors and dealers alike. Please do not bid in this auction if you do not agree to all of the terms listed below. Your submission of bids in this auction constitutes your acceptance of these "Terms of Sale."
1. All items in this auction have been legally acquired, are legal to sell, and guaranteed to be as described or your money back.
2. This is an auction sale, not an approval sale. By bidding in this auction, the bidder personally guarantees payment. The auctioneer has final discretion in all matters. In case of dispute, the lot(s) in question may be resold. Lots will be sold in their numerical sequence unless the auctioneer directs otherwise.
3. HIGH and LOW ESTIMATES are provided for each lot for reference only.
4. No lots will be released until payment in full has been made. Payment(in U.S. funds) may be made via personal check or money order, via credit card (MasterCard, Visa or Discover), PayPal or Bank Wire Transfer. For PayPal payments please use "[email protected]" email address for processing payments.
5. BUYER'S PREMIUM: A 22.5% Buyer's Premium will be added to the final price of each lot purchased through Artemis Gallery LIVE and will be paid by all bidders without exception.
6. CO SALES TAX: Appropriate Colorado Sales Tax will be added to all invoices, unless a valid CO seller's permit is on file with Artemis Gallery/Artemis Gallery Live prior to any bidding in the auction. Items shipped outside of CO (United States or international) are also sales tax exempt.
7. RETURN POLICY: If our description of the item is not as described, we will accept return of the item; however, WE MUST HAVE WRITTEN NOTIFICATION OF RETURN WITHIN TWO BUSINESS DAYS FROM RECEIPT OF ITEM BY BIDDER, as shown by FedEx, UPS or USPS tracking data, and the item must be received by us within ten days in the condition received. A written letter from a recognized expert in the field pertaining to the item in dispute must be presented for refund. No lots may be returned without prior written consent. Late remittance constitutes just cause for revocation of all return privileges. Return shipping is at the bidder's expense. In no event may any lot(s) be returned after fifteen (15) days from the date of the auction. As of July 5, 2016 ALL SALES ARE FINAL!
8. BIDDING will be conducted ONLINE / LIVE as the auction progresses. Bidders may place their bids LIVE, via PHONE or by leaving ABSENTEE BIDS via the Live Auctioneers auction catalog. Please keep in mind that Phone Bids will be accepted on a limited basis and must be arranged in advance.
9. SHIPPING: As a convenience to our buyers, all shipping services are handled in-house. All buyers will receive an invoice detailing their purchases, sales tax (if applicable), buyer's premium, and shipping/insurance charges. Items will be shipped only upon receipt of payment in full and will be insured for their full value. **For shipments outside of the USA, customs and duties may apply upon entry in to said country, and this fee, if any, is the buyer's responsibility. We will NOT falsify customs value on international shipments - what you pay is what we declare, no exceptions. If you have questions about this, please inquire BEFORE bidding**
9a. REQUEST TO DELAY SHIPPING FOR LOTS WON: We are happy to delay shipping on all paid lots for up to 30 days with no storage fees. After 30 days, storage fees will accrue based on a % of invoice total.
10. ESTIMATES for each lot are given only as a guide to help gauge bidding. Lots may sell for a price greater than or less than these estimates.
11. STARTING PRICES may or may not be the actual price at which any item will sell. At the discretion of the auctioneer, starting prices may be lowered to encourage bidding, but this is up to the auctioneer.
12. The auctioneer may open the bidding on any lot by placing a bid on behalf of the seller. The auctioneer may accept or decline any bid, or challenge to any bid, as he in his sole discretion shall determine.
13. ALL BIDDERS must register in order to bid.
14. In the event a successful bidder fails to make payment when due, Artemis Gallery reserves the right to re-sell the merchandise and bidder agrees to pay for the reasonable cost of such a sale and also to pay any difference between the resale price and the previously successful bid, together with any incidental costs of sale and disbursements.
15. If the auction invoice is not paid for in full when due per invoice terms, including any applicable credit card processing fees, the unpaid balance will bear interest at the highest rate permitted by law until paid in full. If the matter is referred to an attorney for collection, bidder agrees to pay all reasonable attorney fees, court costs and other collection cost incurred by Artemis Gallery to collect past due invoices and that the services of process by certified or registered mail, return receipt requested, shall be sufficient to confer "in personam" jurisdiction over bidder.
16. Buyer agrees that any claim of controversy arising out of, or relating to the formation, interpretation of performance of these terms and underlying transactions or the breach thereof, is subject to arbitration or judicial proceedings and shall take place within the County of Boulder, CO subject to the laws of the State of Colorado.
17. QUESTIONS? Feel free to email us at [email protected] with questions prior to bidding or feel free to call us at 720-890-7700. Please be sure to ask all questions at least 30 minutes prior to auction start time, as we will not be able to take calls or answer emails sent to us during the auction.