CONDITIONS OF SALE
the law of England)
1. MARLOW'S 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 Buyer's premium and any other charges
although at no time do Marlow's warrant such title.
PREMIUM. 20% plus VAT 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. ADMISSION. Admission to all public sales
is by catalogue only (each catalogue admits two people) however Marlow's 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.
5. 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.
6. NEW CLIENTS must provide proof of identity and of their
permanent place of residence and are usually required to undergo a credit
check. All abstentee bidders are required to pay with Visa / MasterCard. Please note that clients unknown to us may have, for verification purposes, a test charge placed on their card prior to the sale and refunded after the sale.
7. 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 "as
8. EXAMINATION OF LOTS. Prospective buyers are
strongly advised to personally examine any lots 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
9. CATALOGUE DESCRIPTIONS. Whilst Marlow's 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 age and
this is reflected when the condition is cited in a description. A difference of
opinion as to condition of any lot is not grounds for the sale to be rescinded.
VGC indicates Very Good Condition for an item of its age or type; GC indicates
Good Condition for an item of its age or type; AF indicates At Fault.
Each lot as set out in the catalogue is sold by the Seller with all faults,
imperfections and errors of descriptions.
(ii) Marlow's do not accept
responsibility for the attribution, condition or quality of any lots.
Catalogue illustrations are provided purely for the guidance of prospective
buyers and are not to be relied to determine the colour or condition of any
(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.
Marlow's 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.
Notwithstanding the preceding condition (9), if within 7 days of the sale, the
Buyer returns any lot giving notice to Marlow's, in writing, that the item is a
deliberate forgery and that the lot is in the same condition in which it was
sold; Marlow's are authorised to rescind the sale. It is Marlow's policy to
require the Buyer to obtain, at the Buyer's expense, the written opinion of two
recognised experts in the field, mutually acceptable to the Buyer and Marlow's,
before Marlow's determine whether to rescind the sale. Should Marlow's decide
to rescind the sale and the proceeds have already been paid to the Seller,
Marlow's 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. The Buyer's claim is limited to a refund of the hammer price, buyer's
premium and any VAT paid; it does not extend to any other expense, loss or
damage suffered by the Buyer.
11. AUCTIONEER'S 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. PAYMENT. All lots must be paid in full on the day 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. Acceptable methods of payment are cash, 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 Marlow's.
COLLECTION. All lots must be cleared on the day of sale except absentee bidders' purchases which are handled by Mail Boxes Etc. (see 14). If uncollected, they will be removed at the end of the day by Mail Boxes Etc. to Windsor with a removal charge of £10. If payment has not been received 7 days after the sale, storage charges will commence, they are currently £5 per lot, per day plus VAT. Goods will not be sent until all such charges are paid for in full.
14. COMMISSION / POSTAL BIDS. Marlow's 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 subject to Marlow's other commitments during the sale. Marlow's 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 sent through mycommissionbid.com. Marlow's are not responsible for wrong lot numbers entered against descriptions. Commission bids cannot be accepted from a Post Office box address. Minimun bidding increments/steps (at the sole discretion of the Auctioneer) £5 up to £100, £10 up to £200, £20 up to £500 and £50 or £100 thereafter. Out of step bids will be rounded down. "Plus one bid" instructions are quite acceptable
All lots bought through online/commission bids will be removed on the Tuesday following the sale by Mail Boxes Etc. who pack, insure and ship the items on the buyer's behalf. The buyer authorises the card indicated on their bidding form to be charged by Mail Boxes Etc. for this service.
15. PAYMENT TO SELLERS. Payment for lots sold, less relevant
charges, will usually be paid to the Seller within a few days of the sale as
long as payment for such lots has been received by Marlow's. Please note that
Marlow's 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 Marlow's have right to rescind the sale. Marlow's 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.
16. WITHDRAWAL OF
LOTS. A Seller may not withdraw any lot from the sale without Marlow's
permission. If either Marlow's 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.
17. PHOTOGRAPHS AND
ILLUSTRATIONS, for which no charge is made, are solely at Marlow's
discretion. The Seller gives Marlow's 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 Marlow's.
18. ELECTRICAL AND MECHANICAL
ITEMS. All such items or items which include such parts are sold as
historical items only and are not recommended for use.
19. 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.
20. FIRERMS ACT. Bids are accepted on the strict understanding that you are not a prohibited person as per the terms of Section 21 of the Firearms Act 1968. Should you have any doubt, please contact the saleroom without delay.