TERMS AND CONDITIONS
Keys Fine Art Auctioneers is a trading name of Keys Auctioneers Limited whose registered office is: Palmers Lane, Aylsham, NR11 6JA
1. CAPACITY. Keys Auctioneers Ltd act only as auctioneers and agents for the seller and the representative of Keys Auctioneers Ltd conducting the auction is the ‘Auctioneer’.
2. The offices of Keys Auctioneers Ltd and Salerooms are situated at Palmers Lane, Aylsham, Norwich, Norfolk (hereinafter known as ‘the site’).
3. Keys Auctioneers Ltd reserves the right at their sole discretion to:
3.1 refuse admission to and/or eject from the site, any person or persons;
3.1.1 withdraw any Lot;
3.1.2 alter the arrangement of any Lot, and if deemed necessary amend the description of any Lot;
3.1.3 sell two or more Lots as one Lot or in any way they may think proper;
3.1.4 regulate the amount of any bidding;
3.1.5 refuse the bid of any person or persons.
4. The highest bidder at the fall of the hammer shall be the buyer, except where it is clear to the Auctioneer that a dispute has arisen.
5. In cases where a dispute arises the Auctioneer will try to resolve the matter to the parties’ satisfaction. If a dispute arises, at or immediately after the fall of the hammer of any Lot, the Auctioneer, will immediately re-offer the Lot if in his reasonable opinion it seems appropriate.
6. The Auctioneer acts in every respect relating to Goods, and the sale thereof as agent only of the person(s) by whom the Auctioneer is authorised to sell such Goods as may have been deposited with him for that purpose (hereinafter referred to as ‘the Seller’).
7. Each Lot put up for sale may be subject to a reserve price which will have been determined by the Seller and communicated to the Auctioneer prior to the auction. The Auctioneer may bid on behalf of the Seller for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
8. CATALOGUE AND OTHER DESCRIPTIONS
8.1 Keys Auctioneers Ltd take great care to ensure that any statements as to attribution, age, date, origin, provenance and condition are reliable and accurate but it should be noted that all such statements are skilled opinions prepared with due care, if provenance (written or historical fact) cannot be produced. However, Keys Auctioneers Ltd do not guarantee that condition reports, whether included in the catalogue, or given at a later time, cover all aspects of an item(s) condition. Keys Auctioneers Ltd would ask that prospective buyers view Lots themselves wherever issues regarding condition are seen as important to them.
8.2 Keys Auctioneers Ltd reserve the right, in forming their opinion to consult any expert or authority they consider to be helpful in making their decision bearing in mind the statements made in condition 8.1 above (no charge for this service will be made to any person or vendor) and the decision of the skilled expert need not be relied upon.
8.3 All conditions, notices, descriptions, statements and other matters in Keys Auctioneers Ltd’s 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 made or accepted.
8.4.1 Keys Auctioneers Ltd both for themselves and for the Seller of each Lot point out that the following expressions have the meaning ascribed to them below:
8.4.2 The full name(s) or recognised Designation of an artist stated i.e. ‘Claude Monet’. In the opinion of Keys Auctioneers Ltd the work is by the artist specified.
8.4.3 ‘Attributed to’
In the opinion of Keys Auctioneers Ltd the work is probably by the artist in whole or in part.
8.4.4 ‘Circle of’: In the opinion of Keys Auctioneers Ltd the work is of the period of the artist and showing his influence.
8.4.5 ‘Follower of’: In the opinion of Keys Auctioneers Ltd the work is executed in the artist’s style but is not necessarily by a pupil.
8.4.6 ‘Manner of’: In the opinion of Keys Auctioneers Ltd the work is executed in the artist’s or school’s style but of a later date.
8.4.7 ‘After’: In the opinion of Keys Auctioneers Ltd the work is a copy (of any date) of a work of the artist.
8.4.8 Bears ‘Signature/Date/Label/Stamp’ etc: In the opinion of Keys Auctioneers Ltd the work may or may not be that of the artist, make, period or of that date etc.
8.4.9 ‘A/F’: The work is as found (or all faults).
8.4.10 ‘Style’: In the opinion of Keys Auctioneers Ltd the work is a copy of an earlier period but of that design.
9. DAMAGE OF LOTS DURING VIEW OR SALE AND DAMAGE TO SITE
Damage caused by any person to the Premises by the removal of a Lot or Lots, or by any other cause, shall be made good by him/her at a sum to be agreed between parties after reasonable discussion. The Auctioneers will consider any reasonable offer or approach to settle the matter.
10. Any person wilfully or accidentally breaking or damaging Lots during a View Day or Sale Day will be responsible for any loss or damage.
11. BUYER’S CONDITIONS
11.1 Sufficient time is given for inspection of each Lot by Keys Auctioneers Ltd and it is recommended that the potential buyer will have satisfied himself by way of inspection, as to the physical condition and description of such goods/works.
11.2 Commission bids will be accepted by Keys Auctioneers Ltd but the buyer should if possible inspect the particular works/goods and satisfy himself as to the physical condition and description before submitting such a bid (see 8.1 above). Commission bids will be treated in the strictest of confidence by Keys Auctioneers Ltd. A bid communicated to the Auctioneer at the time of the sale shall always take preference to a commission bid of the same value.
11.3 Any prospective buyer can request a Condition Report and Keys Auctioneers Ltd will use best endeavours to ensure that all details are recorded as accurately as possible. The Condition Report will be prepared by one of the Saleroom Personnel employed by Keys Auctioneers Ltd; such a report will be carried out with reasonable care and skill. Such a request can be made by telephone, fax or email.
11.3.1 The ownership of the goods/works shall not pass to the buyer until payment has been made in full and will be held by the Auctioneer until that time, subject to the provisions of clause 12.3, 12.4 and 12.5 below.
11.4 Any person wishing to bid in the sale may be required to register prior to commencement of sale. Overseas buyers will be required to forward card details before bids are accepted:
11.4.1 his full name;
11.4.2 his address and contact telephone numbers.
11.5 The sale of any Lot will be deemed to exclude any VAT (where applicable) unless due notice is given in Keys Auctioneers Ltd’s catalogue and/or by the Auctioneer at time of sale.
12. PAYMENT, PREMIUM AND REMOVAL
For all sales payment in full is to be made within seven days of the sale date. Any items not paid for within seven days of sale will be subject to a 10% interest charge of the hammer price.
12.1 Keys Auctioneers Ltd will accept payment by cash (maximum cash payment figure £5,000). Payment by debit cards is acceptable. Please note card payments exceeding £250 can only be made by the card holder in person. Payment can also be made via Bank Transfer, details are listed on all invoices. Please include name and sale date on all payments.
12.2 The buyer shall pay a premium of 20% on all Lots (or as advised by the Auctioneer prior to any auction taking place) which shall normally be deemed to exclude VAT in accordance with clause 11.5 (Book Sale premium 20%, VAT not applicable on actual Books). The buyer acknowledges and agrees that Keys Auctioneers Ltd will receive from the Seller commission on the sale of any Lot in addition to the premium.
12.2A Artist’s resale rights (Droit de Suite) in addition to our normal Buyer’s Premium of 20% + VAT, a commission of 4% (No VAT) will be payable on resale works of qualifying artists, for a period of up to 70 years after their death, on pictures making over one thousand Euros (payable in Sterling at the rate applicable on the day of the sale); such Lots are marked with an ‘*’, this will be payable by the purchaser of the picture.
12.3 Subject to any arrangements made in writing with Keys Auctioneers Ltd prior to the sale no Lot shall be removed or claimed until payment of the total amount due has been received by Keys Auctioneers Ltd. Storage charges at the rate of one pound (£1.00) per day for each Lot left in storage will be applied, starting seven days after the Auction date if the Lot(s) have not been collected. Collections can normally be made (providing full payment has been received) during or at conclusion of the sale or during the hours of 9 am – 1 p.m. and 2pm – 4.30 pm on Tuesdays to Fridays inclusive and 9 am – 12 noon on Saturdays.
12.4 Lots not paid for and not removed from the Salerooms within seven days of the sale or without prior arrangement with Keys Auctioneers Ltd may be resold by auction or privately with due notice given to the buyer if name and address are available on the Auctioneers records.
a) 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:
i. to proceed against you for damages for breach of contract;
ii. to rescind the sale of that lot and/or any other lots sold by us to you;
iii. 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.
iv. to remove, store and insure the lot at your expense and, in the case of storage, either at our premises or elsewhere;
v. to charge interest at a rate not exceeding 10% on the hammer price to the extent it remains unpaid for more than 7 working days after the sale;
vi. to retain that or any other lot sold to you until you pay the total amount due;
vii. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
viii. 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).
b) 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.
12.5 Keys Auctioneers Ltd disclaim all responsibility for accidental breakages, loss or damage to Lots howsoever caused when being removed from the Site by the Purchaser including unauthorised removal unless such breakage, loss, damage or removal is caused by the negligence of the Auctioneer or any employee of Keys Auctioneers Ltd.
12.6 The liability on the part of Keys Auctioneers Ltd towards the buyer, howsoever caused shall be as accepted practice under English Law. For further information about your statutory rights contact your Local Authority Trading Standards Department or Citizens’ Advice Bureau.
13. DELIVERY AND PACKING
13.1 Keys Fine Art Auctioneers provide an in-house postage and packing service, at the discretion of the packing department and may refuse to post certain items. Keys Auctioneers are unable to send furniture or similarly larger items. We can also provide the following details for a local shipping company: Mailboxes – 37 St Andrews Street, Norwich NR2 4TP Tel: 01603 926420 or email email@example.com Mailboxes operate independently of Keys Auctioneers so postage and packing will need to be organised and paid direct to their team. Upon being paid, Mailboxes will send their team to Keys to collect the item and organise shipping.
14. COMPLAINTS AND FORGERIES
14.1 The buyer shall notify Keys Auctioneers Ltd in writing as soon as practicable and within a reasonable time of the sale (normally fourteen days) of any complaint that he has in respect of a Lot and give good reason for his complaint. If Keys Auctioneers Ltd agrees that the complaint is justified then Keys Auctioneers Ltd will make a full refund subject to clause 12.6 above. In the event of a dispute the Buyer and Keys Auctioneers Ltd will make all reasonable efforts to agree compensation, i.e., refunds and damages. If not possible then the Buyer can resort, if he wishes, to legal argument of a Court of Law.
14.2 If a buyer’s complaint is that a Lot is a forgery Keys Auctioneers Ltd will rescind the sale and compensate the buyer as per clause 14.1above, subject to the following conditions:
14.3 The buyer must provide written proof of the forgery and evidence on which he relies, the number of the Lot and the date of the auction at which it was purchased. This written proof should be in the form of a signed letter or statement from an acknowledged expert in the specific field of the item(s) in dispute.
14.4 The Auctioneers request that they are informed by the Buyer of the Lot if he has passed on good ownership of the Lot in dispute to another person.
14.5 The buyer must prove that the Lot alleged by him to be a forgery is the Lot actually purchased by him through Keys Auctioneers Ltd.
14.6 A forgery means an imitation or copy intended by a person/persons to be a reproduction of the original and made to deceive, with regard to authorship, date or provenance, and provided that it is not shown to be such in the catalogue description at the date of the sale.
14.7 Notwithstanding the above clauses 14.1 to 14.6 inclusive the buyer should take into consideration the following point when making claims as to forgery:
(i) the catalogue description at the date of the sale, as to whether it was fair and correct and produced with known and accepted practices at that time.
15. SPECIAL CONDITIONS FOR BOOK AND MAGAZINE SALES
15.1 It should be noted that books and magazines can be affected by wormholes to margins etc or other damage not seriously affecting text such as foxing stains, lack of blank leaves, lack of plate lists, supplements and any subsequently published volume. Keys Auctioneers Ltd will use best endeavours to highlight and accurately describe such damage in the catalogue description and/or other statements, where it is prominent and obvious. The buyer should satisfy himself as to the damage prior to bidding by inspection or by verbal report.
15.2 Keys Auctioneers Ltd will highlight and describe as accurately as possible in the catalogue description and or other statements, any damage affecting text. The buyer should satisfy himself as to the damage by inspection or verbal report prior to bidding.
16. ELECTRICAL GOODS IN ANTIQUE AND COLLECTORS’ SALES
16.1 The buyer acknowledges that the above electrical goods sold by auction by Keys Auctioneers Ltd are offered for sale for HISTORICAL INTEREST AND/OR DISPLAY PURPOSES ONLY. The goods are NOT SUITABLE FOR CONNECTION TO MAINS ELECTRICITY SUPPLY and Keys Auctioneers Ltd do not accept any liability for loss or damage incurred as a result of contravention of this clause unless such loss or damage was caused by the negligence of the Auctioneer or any other employee of Keys Auctioneers Ltd.
16.2 All electrical goods sold for historical interest and/or display purposes by auction by Keys Auctioneers Ltd are sold untested and there are no warranties or guarantees as to working order or serviceability in respect of such goods. If the buyer intends to use, or purchases the goods for any reason other than historical interest and or display purposes he does so at his own risk and shall be solely responsible for ensuring suitability and safety of the goods by for example arranging for the goods to be checked and warranted by a qualified and competent electrician.
17. DISPUTES AND ARBITRATORS
If the amount of the dispute exceeds £5,000 and the Auctioneer and Buyer are unable to agree a figure for compensation, then the matter can be referred to any Independent Arbitrator agreed by both parties. The decision of the Arbitrator shall be final and binding on both parties.