Lot 452: *** Kim Donaldson (born 1952) - Pastel - "Zebra Sketch II" (Mother/Young), 11.25ins x 9.5ins, signed, in painted frame and glazed Provenance: The Halcyon Gallery, 59/60, The Pallasades, Birmingham
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Conditions of Sale
Terms and Conditions
Third Party Liability
Every person on The Canterbury Auction Galleries' premises at any time shall be deemed to be there at his own risk. He shall have no claim against The Canterbury Auction Galleries in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of The Auction Galleries Employees.
Standard Conditions of Sale
In these Conditions The Canterbury Auction Galleries, who act as Auctioneers and agents for the vendor, are called "the Auctioneers", and the representative of The Canterbury Auction Galleries conducting the auction is called "The Auctioneer".
Whilst the Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any lot:
• Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of description.
• The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such cases the Auctioneers do so as agents for the vendor and are not themselves responsible for such claims.
• All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by the Auctioneers, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
• Any claim under any statute must be received in writing by the Auctioneer within seven days of the day of sale.
• The Auctioneer has absolute discretion to divide any lot to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer's discretion.
• The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advances of bidding or refuse a bid.
• Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
• All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
Notwithstanding any other terms of these Conditions, if within 14 days after the sale the Auctioneers have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within 21 days after such notification the buyer returns the same to the Auctioneers in the same condition as the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies the Auctioneers that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the buyer and the vendor agree to by bound by the decision.
The Auctioneers disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.
In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the Auctioneers Conditions of Sale.
As the Canterbury Auction Galleries are Auctioneers, all goods delivered to their premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at the Auctioneer's discretion and accepted by the Auctioneers subject to all the Sale Conditions. By delivering the goods to the Auctioneers for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
The Auctioneers do not themselves usually undertake the collection of goods but will, if required in writing, instruct a contractor on the vendor's behalf in their capacity as agents. The Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of sale.
Loss or Damage
The Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
The Auctioneers reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability from loss or damage to goods delivered to them without sufficient sale instructions and reserve the right to make a minimum storage charge at 50p per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
Right to Sell
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within seven days of such request the Auctioneers reserve the right to sell the goods to defray costs and storage charges.
• Unless otherwise instructed in writing all goods on the Auctioneers premises and in their custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage or damage) for which insurance is included in the Vendor Commission Rate. The value of the goods so covered shall be gross amount realised, or in the case of unsold lots the best bid, or in the case of goods withdrawn prior to a sale the reserve price or where there is no reserve that which the Auctioneers shall in their absolute discretion estimate to be the auction value of such goods.
• The Auctioneers shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner's written instructions.
• The Auctioneers shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees.
• In respect of any article delivered to the Auctioneers if the vendor has in force a policy or policies of Insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note the Auctioneers interest as bailees in such policy or policies.
• All goods are put up for sale WITHOUT RESERVE at the Auctioneer's discretion unless written instructions as to reserves are received by the Auctioneers prior to the commencement of the sale.
• In the event of any reserve price not being reached at auction the Auctioneers are empowered to sell after the auction by private treaty, at not less than the reserve price, as long as the goods remain on their premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.
The vendor shall duly indemnify the Auctioneers against any claims in connection with any goods sold by them on the vendor's behalf.
Value Added Tax
A vendor who sends for sale by auction any chattel(s) which is an asset of his business must disclose to the Auctioneers whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
The Vendor authorises the Auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneers right to retain any premium payable by the purchasers.
Rights to Photographs and Illustrations
The vendor gives the Auctioneers full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction).
Each buyer, by making a bid for a lot, acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot, including but not restricted to whether the lot is damaged or has been repaired or restored
Property and Risk
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 22 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full name and permanent address and if called upon to do so by the Auctioneers shall forthwith pay such proportion of the purchase price as the Auctioneers may require. If the buyer fails to do so, the lot may at the Auctioneer's sole discretion be put up again and re-sold.
Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by the Auctioneers that he acts as agent on behalf of a named principal.
Removal of Goods
No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer's risk and expense by mid-day on the day after the sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of 50p per lot per day. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
In the event of any failure of the buyers to comply with any of the above conditions the damages recoverable by the seller or the Auctioneers from the defaulter shall include any loss arising on an re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 2% above National Westminster Bank PLC Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller. The Auctioneers are unable to accept payment from successful bidders other than in cash or by the bidder's own cheque. Cheques drawn by third parties, whether in the Auctioneers' favour or requiring endorsement, cannot be accepted.
The purchaser shall pay the hammer price together with a premium of 20% (including V.A.T.) of the hammer price. The premium is payable by all purchasers.
An Export Licence is required for certain items leaving the United Kingdom. The obtaining of a relevant Licence is the responsibility of the buyer.
We are open all day on the Thursday following an auction for payment and collection and request that all lots are collected within two weeks following an auction. This is especially important for furniture purchases and we reserve the right to charge for storage of uncollected furniture lots at the rate of £5 per day after this two week threshold.
If you need your purchase sent to you, we can send goods within the UK - please contact us for a quote.
We do not offer an international shipping service and instead recommend Mail Boxes Etc, who have a branch local to us in Canterbury - email [email protected]/tel 01227 464161.
We respectfully request that all successful buyers pay for their purchases promptly and certainly within two weeks following an auction.
Payment for purchases can be made in cash, by credit or debit card, by bank transfer or by cheque drawn on a British bank. No lots will be handed over until payment is made in full.
We cannot accept card payments in excess of £1000 over the phone, and instead ask that a bank transfer be made.
Prospective purchasers not well known to us must supply us at least four days prior to the auction with the address of their bank, their account number, and an indication of the likely total amount of their purchases. Cheques drawn on foreign banks may be subject to a surcharge and delay in clearance.
Payment can be made by Visa, Access, Mastercard and Eurocard, but this will be subject to an additional charge of 2% of the total amount to cover the cost of the transaction. No lots may be transferred to another party and all lots will be invoiced to the person bidding, unless by prior agreement with the Auctioneer.
NEW PAYMENT TERMS FROM APRIL 2012 Due to the recent bout of fraudulent bidding in our sales, we have been forced to impose a new policy regarding payment for purchases of silver, jewellery, watch, coins and other high value items. We will now only accept payment for these items by bank transfer or by card payments or cash payments in person. With the exception of regular buyers known to us, we will no longer accept payment by card over the telephone or by cheque. This policy applies regardless of the invoice total. Thank you for your understanding.