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1. Introduction. The following informative notes are intended to assist Bidders and Buyers and form part of our Conditions of Business. All sales are governed by our printed Conditions of Business, including the Information for Buyers, Conditions of Sale, and the Terms of Consignment for Sellers, which are readily available for inspection in our printed catalogues or in our saleroom. Buyers should carefully read the Conditions of Sale and Terms of Consignment for Sellers prior to bidding at auction, as Bidders and Buyers will be deemed to have accepted these terms and conditions once a bid has been placed. Our staff will be happy to help you if there is anything you do not fully understand.
Please refer to clause 1 of the Conditions of Sale if you are unsure about the meaning of a defined term.
2. Agency. As auctioneers we act as agent for the Seller whose identity, for reasons of confidentiality, is not normally disclosed to the Buyer. If a Buyer purchases at auction, the contract of sale is made directly between the Buyer and the Seller.
3. Pre-sale Estimates. Pre-sale estimates are intended as a guide to help Buyers gauge approximate prices for the purchase of a particular lot. The actual Hammer Price realised at auction may be higher or lower than the pre-sale estimate. The lower estimate may represent a reserve price which we have agreed with the Seller. Pre-sale estimates do not include the Buyer's Premium or VAT. Estimates printed in the sale catalogue are prepared some time before the sale and may be altered by announcement prior to the auction. It is advisable for the Buyer to consult us nearer the time of the auction for any updates or revisions to pre-sale estimates.
4. Buyer's Premium. A Buyer's Premium on the Hammer Price of each lot purchased is payable to us by the Buyer and will consist of an amount calculated by applying the following bands and rates:
24.5% on the first ?200,000 of the Hammer Price;
20% on the excess of ?200,001 and up to ?3,000,000 of the Hammer Price; and
12.5% on the excess of ?3,000,001 of the Hammer Price.
In addition, VAT is chargeable on the Buyer's Premium (see paragraph 5 of this Information For Buyers section in relation to VAT).
Please note, an online surcharge of 3% is payable on top of our standard premium.
5. VAT. Our sale catalogues include guidance in relation to the VAT implications of purchasing particular lots. Please note that this is general guidance only and is subject to relevant tax legislation in force at the time of sale. Buyers should seek independent advice from a tax advisor.
The dagger symbol (?) indicates a lot on which VAT is payable by the Buyer at the standard rate (presently 20%) on the Hammer Price.
The asterisk symbol (*) indicates that the lot has been imported from outside the European Union and is currently liable to a reduced rate of VAT (5%) on the hammer price, the buyer's premium of 29.4% (24.5% + VAT at the standard rate) is also due.
Lots which appear without either of the above symbols indicate that no VAT is payable on the Hammer Price. Such lots are sold using a Margin Scheme.
Buyers should note that any VAT which may be included within the Buyer's Premium for these lots is not recoverable as input tax.
When a Buyer is located outside of the European Union, VAT will be charged to the Buyer but can be refunded once the Buyer has provided us with proof of export from the European Union for the purchased lot within 3 months of the date of the sale. We can assist you with the forms necessary for recovering VAT.
6. Description and Condition of Lots. As agents for the Seller, we are primarily dependent on information provided by the Seller, and any statement made by us in respect of any lot, as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price, including condition reports that may be provided at the Buyer's request, is a statement of opinion honestly held by us. It is recommended that prospective Buyers inspect the lots on which they intend to bid at pre-sale viewings in our saleroom. Accordingly, we accept bids from potential Buyers on the basis that Buyers (or their advisors) have fully inspected the lot prior to bidding and have satisfied themselves prior to bidding in relation to the condition and accuracy of the description of the lot.
The nature of the lots sold at auction is such that they will rarely be in perfect condition and are likely, due to their nature and their age, to show signs of wear and tear, damage, or other imperfections, restoration or repair. Any reference to condition by Cheffins will not amount to a full description of condition. Photographs included in Cheffins' sale catalogues are not representative of the condition of any lot.
We draw the Buyer's attention to 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 the condition of any lot.
In certain specified circumstances, lots that are misdescribed because they are deliberate forgeries may be returned by the Buyer and repayment made by the Seller. There is a 3-week time limit for a Buyer to return a lot on this basis (please see the Conditions of Sale for the definition of "Deliberate Forgery").
7. Electrical and Mechanical Goods. All electrical and mechanical goods are sold for their decorative and artistic value and are not guaranteed to be in working order. Prior to use, the electrical system of such goods must be checked and approved by a qualified electrician for compliance with safety regulations.
8. Soft Furnishings. Soft furnishings sold at auction may not comply with statutory safety and fire regulations. Prior to use, it is the Buyer's responsibility to ensure that such goods are reupholstered, restuffed and/or recovered as appropriate in order that they comply with safety regulations.
9. Endangered Species. Property sold at auction may incorporate endangered or other species of wildlife and plant life, for example ivory, tortoiseshell, crocodile skin, whale bone, ebony or rosewood. Several countries restrict or prohibit the import or export of objects containing these materials or require a permit for their movement (for example, a CITES licence). Prior to bidding on an item which may include these or similar organic materials, Buyers should familiarise themselves with the relevant customs laws and regulations if they intend to move the property to another country.
10. Jewellery. Gemstones are often treated to enhance their colour and improve their appearance. They may be heated or treated by oil or resin to intensify colour and transparency. Other techniques such as dyeing, irradiation, coating and impregnation may also be used. Buyers should be aware that unless the catalogue description specifically states that the stone is natural, Cheffins has assumed that any treatment may not be permanent, and that special care of the stone may be needed in the future.
11. Bidding. Bidders will be required to register before a sale commences in order to place a bid on any lot. Proof of identification (photo identification and proof of current address) will be required at the time of registration if the Bidder is unknown to us.
Lots will only be invoiced to the name and address on the bid registration form and cannot be transferred to another name and address. We can only accept payment for the lot from the registered Bidder.
12. Other Ways to Bid. There are several alternatives to bidding in person in the sale room at the time of the sale.
Commission bids may be left with the Auctioneer by a Bidder indicating the maximum amount to be bid (excluding VAT and Buyer's Premium and any other charges that may apply). Subject to the reserve price of the lot and any other bids received, the sale may be concluded for less than the maximum bid.
Bidders may also register to bid on the telephone or online during the sale. Please enquire in advance about our arrangements for alternative means of placing bids. Bids must be received by Cheffins not less than 24 hours before the sale.
If two Bidders submit identical bids, the Auctioneer will endeavour to ensure the first bid received has priority.
13. Payment. Payment is due immediately after the auction. We accept the following methods of payment:
? Bank Transfer - direct to our bankers, Barclays Bank, 9-11 St. Andrews St, Cambridge, CB2 3AA, Sort Code: 20-17-68, Account number: 50690961, IBAN: GB44BARC20176850690961, Swift Code: BARCGB22
? Secure Online Gateway - an electronic invoice will be provided to the Buyer which contains a link to our secure payment page for online payment by credit or debit card.
? Cash - As a consequence of the Money Laundering Regulations 2003, we are no longer able to accept cash payments for sums in excess of ?7,500. This includes single payments amounting to this sum or multiple payments totalling ?7,500.
? Cheques - supported by a valid guarantee card, cheques are accepted entirely at our discretion and any cheques tendered will need to be cleared before removal of the lot is permitted (please note you must allow 6 working days for a cheque to clear before we release any goods purchased).
? Debit cards - payments can be made in person or over the telephone (please note there is a ?500 limit for payments over the telephone).
? Credit cards - Payments can be made in person or over the telephone (please note there is a ?500 limit for payments over the telephone).
Sold lots can only be released to the Buyer on Cheffins' receipt of payment in full and cleared funds of the Purchase Price.
14. Export of Goods. Any lot purchased at auction may be subject to export restrictions or may require a licence for export out of the United Kingdom, for example depending on the age and value of the lot or if the lot contains organic or endangered materials that are restricted from export (as discussed at paragraph 9 above).
The Buyer is responsible for obtaining any licences that may be required (including any licence that may be required for import into the destination country). The delay or denial of any such licence will not be grounds for the Buyer to cancel any purchase.
At the Buyer's request, we can assist in the application for the export of goods outside of the UK.
15. Collection and storage. Please note that all lots must be paid for and collected by the Buyer promptly following the auction and in any event within 10 days following the sale. Lots cannot be released until payment (including Buyer's Premium and VAT where applicable) has been received by us in full and cleared funds. Any delay of payment may involve the Buyer in incurring storage charges.
At the Buyer's request, we may assist in arranging shipment of lots. Otherwise, collection of lots is the Buyer's sole responsibility. Buyers will be required to produce proof of identity on collection of the lot.
If a Buyer arranges for a third party to collect a sold lot on the Buyer's behalf, we will require from the Buyer written evidence of the third party's authority to collect the lot in advance of releasing it. Cheffins accepts no liability for loss or damage to any lot once it has been collected.
Failure by the Buyer or their authorised representative to collect within the specified timeframe may lead to removal of the lot to offsite storage for which the Buyer will be charged removal and storage.
