Auctioneers and Valuers
Remnantz, Marlow, Bucks. SL7 2BS
01628 488188 Fax: 01628 488111
CONDITIONS OF BUSINESS
Any person, body or organisation
who participates in this auction is bound by the following Conditions which are
subject to English Law. Please read them carefully.
1. BOSLEYS act
as an agent for the Seller at public auctions. The contract for the sale of any
lot will be between the Seller and the Buyer.
2. TITLE. The
highest bidder will be the Buyer and no person may retract any bid. Tendering a
bid is a legal offer to buy. Upon the fall of the hammer, the successful bidder
enters into a legally binding contract subject to English law and the lot
becomes the sole risk of the Buyer however legal title of any lot shall not
pass to the Buyer until the lot is paid for in full including the Buyers
premium and any other charges although at no time do Bosleys warrant such
3. BUYERS PREMIUM. 20% plus VAT (at the current rate) on the hammer price. Please note there is no VAT on the hammer price. (The VAT on the hammer price applies to UK & overseas buyers as the service is provided in England.)
4. BIDDING & REGISTRATION. All bidding is by paddle
numbers. Every prospective Buyer must complete and sign a registration card
before viewing and being issued with a bidding number. All lots purchased in
the room must be paid for and cleared on the day of sale - any purchased lots
uncollected will be removed to safe storage at a minimum fee of £10 per
5. NEW CLIENTS attending the sale must provide proof of
identity and of their permanent place of residence and may be required to
undergo a credit check.
6. PAYMENT AT THE SALE. Acceptable methods of payment are cash, cheques and Visa or MasterCard. Cheques will only be accepted if supported by a cheque guarantee card, up to the limit specified on the card unless by prior agreement with Bosleys.
7. EXAMINATION OF LOTS. Bosleys warrant all items to be genuine, however prospective buyers are strongly advised to personally examine any lots in public sales on which they intend bidding and are responsible for satisfying themselves concerning the condition of the items, any faults or imperfections and the matters referred to in the catalogue.
8. CATALOGUE DESCRIPTIONS. Whilst Bosleys make every
effort to ensure the accuracy of their catalogue and descriptions as well as
the authenticity and genuineness of all lots, most lots are of some
considerable age and buyers should note that condition stated in a description
is relative to an item’s age. The condition given is the
cataloguer’s considered opinion but should not be relied on as a
statement of definitive fact. No sale can be rescinded on grounds of
VGC indicates Very Good Condition for an item of its age
GC indicates Good Condition for an item of its age or type;
AF indicates At Fault.
(i) Each lot as set out in the
catalogue is sold by the Seller with all faults, imperfections and errors of
(ii) Bosleys do not accept responsibility for the
attribution, condition or quality of any lot.
illustrations are provided purely for the guidance of prospective buyers and
are not to be relied to determine the colour or condition of any item.
Occasional errors in applying the correct lot number to an illustration may
occur however the description will take precedence over any illustration in
identifying any lot.
(iv) Estimates are often prepared long in
advance of the sale and are maybe subject to revision. They are provided purely
for the guidance of prospective Buyers and are not to be relied on as a
statement of fact.
9. FORGERIES. Notwithstanding the preceding
condition (8), if within 14 days of the sale, the Buyer returns any lot giving
notice to Bosleys, in writing, that the item is a deliberate forgery and that
the lot is in the same condition in which it was sold; Bosleys are authorised
to rescind the sale. It is Bosleys policy to require the Buyer to obtain,
at the Buyers expense, the written opinion of two recognised experts in
the field, mutually acceptable to the Buyer and Bosleys, before Bosleys
determine whether to rescind the sale. Should Bosleys decide to rescind the
sale and the proceeds have already been paid to the Seller, Bosleys will
approach the Seller for the return of the proceeds. This guarantee applies only
to the original Buyer named on the original invoice and is not valid if the
Buyer has sold or disposed of the lot to a third party at any time.
Buyers claim is limited to a refund of the hammer price, puchasers
commission and any VAT paid; it does not extend to any other expense, loss or
damage suffered by the Buyer.
10. AGENTS. Any person acting as
an agent for a Buyer should be aware of the fact that the sole responsibility
for payment rests with the agent, that payment must be made on the day of sale
and that lots must be cleared on the day of sale. Any agent should also be
aware that all items purchased through an agent in the room will be considered
11. AUCTIONEERS DISCRETION. The
auctioneer has the right at his absolute discretion to refuse any bid, to
advance the bidding in any such manner as he may decide, to rescind a sale, to
withdraw or divide any lot, and in the case of any dispute or error, put the
lot up for sale again.
12. ADMISSION. Bosleys have the right at
their complete discretion to refuse admission or attendance at any of their
sales whether on their own premises or on premises over which they have control
for the sale.
13. VIDEO SCREENS. At some sales a video screen
displaying lot numbers will be used for the convenience of those attending.
Errors may occur and Bosleys cannot be liable to any Buyer that the number
being displayed is that of the lot being sold.
14. COMMISSION /
POSTAL BIDS. Bosleys are pleased to execute commission bids for clients
unable to attend the sale and will use all reasonable efforts to secure lots as
cheaply as permitted by other bids and/or reserves if any and subject to their
Conditions of Business. This is a free service and is undertaken subj ect to
Bosleys other commitments during the sale. Bosleys cannot accept any liability
for failure to execute any commission bid. Prospective Buyers are strongly
advised to attend personally to be certain of bidding. All commission bids should be received 24 hours before the sale and should be written on the bidding form provided in each catalogue or be entered at mycommissionbids.com . Bosleys are not responsible for
wrong lot numbers entered against descriptions. Commission bids cannot be
accepted from a Post Office box address. In order that Sellers are paid on
time, all overseas clients are required to pay by Visa or MasterCard. Please note that clients unknown to Bosleys may have, for verification purposes, a test charge placed on their card prior to the sale and refunded immediately.
Minimum bidding increments/steps (at the sole discretion of the Auctioneer) £5 up to £100, £10 up to £200, £20 up to £500,£50 up to £1000 and £00 thereafter.
step bids will be rounded down. Plus one bid instructions
are quite acceptable.
There are no collection facilities after saleday. All lots bought through a commission bids or online will be removed during the sale by Mail Boxes Etc. who pack, insure and ship the items on the buyer's behalf.
15. PAYMENT. All invoices must be paid in
full within seven days of the sale. Goods will not be released to any Buyer,
unless specifically agreed to the contrary in writing, until all amounts due
have been received. Items purchased and still in Bosleys possession will
be covered by their insurance for a period of seven days after the sale, or if
collected before the seven days, up to the time of collection.
(i) Any amounts still outstanding 14 days after the sale will be subject
to interest at a rate not exceeding 5% above Coutts & Co. Base Rate.
Bosleys reserve the right to exercise a lien on any of the Buyers
property in Bosleys possession for any purpose and after giving the Buyer 14
days written notice of such intent, to arrange the sale of such property to
recover any outstanding amounts due to Bosleys.
(ii) If the Buyer
fails to pay within by the end of the month in which the sale is held, Bosleys
may take any of the following actions
a. Issue proceedings against
the Buyer on behalf of the Seller to recover the full amount due including
commission, storage charges, interest etc.
b. Resell the lots either
by public sale or private treaty to recover the full amount due including
commission, storage charges, interest etc.
c. Cancel the sale of the
16. SUCCESSFUL POSTAL BIDDERS. Where purchases
are not paid for within 14 days after the sale, Bosleys will arrange storage at
the Buyer’s expense unless prior arrangements have been made in writing.
Storage charges are currently £3 per lot, per day plus VAT. Goods will
not be released until all such charges are paid for in full.
PACKING AND SHIPPING. Bosleys do not have the collection facilites not facilities for postage, packing or shipping however a professional packing company,
MAIL BOXES ETC.will attend the sale and remove ALL lots purchased by online/postal bidders.
Overseas clients please note that all customs documentation will be completed accurately and any import duty or tax incurred is the sole responsibility of the Buyer.
18. SELLING AT AUCTION. Bosleys offer the following attractive terms to sellers. Only 20% commission on the hammer price.
No fees for unsold lots as long as the reserve was agreed by
Bosleys, in writing, prior to the auction.
No lotting fees.
No minimum commission per lot.
Insurance fee of only 1 % of the hammer price or lower estimate if unsold (minimum fee £10 per sale).
Any charges attract VAT at the current rate.
Seller will bear all costs relating to transporting items for sale to Bosleys
together with any insurance fees, import duty or charges by HM Customs.
19. RESERVES. If any lot carries a reserve which has been agreed
between the Seller and Bosleys, the lot will be sold subject to this reserve.
the Seller automatically gives Bosleys 10% discretion on any reserve agreed. By
law, no reserve can be higher than the lower estimate published in the
catalogue. The Seller may not bid, or employ any agent to bid, on lots which
the Seller has put up for sale although Bosleys may bid on the Sellers
20. PAYMENT TO SELLERS. Payment for lots sold, less
relevant charges, will usually be paid to the Seller within 14 working days of
the sale as long as payment for such lots has been received by Bosleys. Please
note that Bosleys will not pay the proceeds to the Seller until payment has
been received from the Buyer. Should payment still be outstanding from the
Buyer 30 days after the sale Bosleys have right to rescind the sale. Bosleys
have no liability to pay the Seller if the lots have not been paid for by the
Buyer or the sale of the lots have been rescinded.
DESCRIPTIONS. Bosleys have complete discretion as to the manner in which
items described, whether to illustrate any item or to combine it in a lot and
whether or not further expert advice or research should be sought. They also
have complete discretion to withdraw any lot from auction should they have any
doubt concerning its authenticity or attribution.
22. WITHDRAWAL OF
LOTS. A Seller may not withdraw any lot from the sale without Bosleys
permission. If either Bosleys or the Seller withdraw a lot, the Seller will be
charged a fee equal to 30% of lowest estimate or highest bid received, plus any
photography, advertising, publicity and research charges incurred with a
minimum fee of £50 per lot.
23. UNSOLD LOTS. All unsold
items remaining uncollected 14 days after the sale , unless agreed with Bosleys
in writing, will be liable to storage charges of £3 per lot, per day plus
insurance. The goods will not be released to the Seller until any such charges
have been paid in full. The Seller will also bear all costs, including
insurance, of returning unsold items. If any lots remain uncollected 90 days
after the date of the sale, Bosleys may dispose of the items as they see fit in
order to recover any outstanding charges. For a period of 14 days after the
sale, the Seller gives Bosleys complete discretion to accept late bids or other
offers in order to obtain an amount for the Seller equal to the net proceeds
had the lot sold at its reserve or for a lesser amount agreed between the
Seller and Bosleys. All such transactions are subject to the same conditions as
if the items had sold at auction.
24. PHOTOGRAPHS AND
ILLUSTRATIONS, for which no charge is made, are solely produced at
Bosleys discretion. The Seller gives Bosleys the full and absolute right
to photograph any item consigned to auction and to use or publish such
photographs at any time in connection with the sale or in any way they see fit.
All rights of these images will belong to Bosleys.
AND MECHANICAL ITEMS. All such items or items which include such parts are
sold as historical items only and are not recommended for use.
26. IVORY AND OTHER CITES ITEMS. Any items which are made, in full or part, from ivory or other CITES prohibited items cannot be exported by Mail Boxes.
Bosleys. All rights reserved. No part of the catalogue or website may be
reproduced, photocopied, scanned, stored in a retrievable system, or
transmitted in any form by any means electrical, mechanical or otherwise
without the written permission of Bosleys.