1. In these conditions Thos. Mawer & Son act only as auctioneers and agents and the representative of Thos. Mawer & Son conducting the auction is called ‘The Auctioneer’
2. Whilst Thos. Mawer & Son make every effort to ensure the accuracy of their catalogue and the description of any lot:
(i) Each lot set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults and imperfections and errors or descriptions
(ii) Thos. Mawer & Son 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 buyer to so certify.
(iii) All statements whether printed in the catalogue or made orally as to any of the matters set out in (ii) above are statements or opinion only and are not to be taken as being or implying any warranties or representations of fact by Thos. Mawer & Son unless they have been instructed in writing by the buyers to so certify.
3. The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from 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.The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. If during the auction the Auctioneer considers that a dispute has arisen, has absolute discretion to settle it, or to re-offer the lot. 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
4. The buyer shall pay the hammer price together with a premium of the hammer price – 17.25% inclusive of VAT
5. Notwithstanding any other terms of these Conditions, if within seven days after the sale Thos. Mawer & Son have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyers return the same to Thos. Mawer & Son in the same condition as at the time of the sale and by producing evidence, the burden of proof to be on the buyer, satisfies Thos. Mawer & Son 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. The vendor agrees to be bound by Thos. Mawer & Son’s decision.
6. Thos. Mawer & Son disclaim any responsibility for default by either the buyer or the vendor because they act as Auctioneers 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.
7. Every person on Thos. Mawer & Son’s premises at any time shall be deemed to be there at his own risk. He shall have no claim against Thos. Mawer & Son in respect of any accident which may occur or injury, damage, loss howsoever caused, save in so far as the injury, damage loss shall be caused by the negligence of Thos. Mawer & Son’s employees.
8. Each lot shall be at the purchasers risk from the fall of the hammer and must be paid for in full before the delivery and must be taken away by the purchaser at his own expense within 7 working days following the conclusion of the sale.The Auctioneer shall be entitled to charge storage charges in respect of lots not taken away as aforesaid (minimum charge of £10 plus VAT) and interest on unpaid accounts @ 4% above clearing bank base rate (per day)
9. Cheques which are not honoured by the payee’s bank will incur a handling charge of £20 plus VAT for each presentation.
The Auctioneers are pleased to execute commissions for intending buyers in confidence as cheaply as is allowed by any other bids. All bids must be confirmed in writing or by fax by 4pm the day prior to sale.
Telephone bids will only be accepted on lots estimated at £500 + and must be confirmed by fax or email with debit card details. Bids must be confirmed at the latest by 3pm day before 1st saleday and cannot be accepted after this time. We have limited lines and bids are taken on first come basis.
Arrangements to collect lots are the responsibility of the buyer, we do not provide post and packing services. Mail Boxes Etc collect from us regularly (t: 0114 272 0777 e: info@mbesheffield.co.uk)
There is a 17.25% premium payable on the final hammer price of each lot.
All prospective purchasers are requested to register and obtain a bidding number prior to the start of the sale.
Care is taken to ensure that any statement as to authorship, attribution, origin, date and provenance is reliable and accurate, but all such statements are statements of opinion and are not to be taken as statement or representations of fact.Thos. Mawer & Son Ltd. reserve the right, in forming their opinion, to consult and rely upon any expert or authority reasonably considered by them to be reliable.While an identification of damage is given in some instances, an absence of such advice does not imply that a lot is free from defect. Prospective purchasers are strongly advised to inspect any lot on which they intend to bid.All measurements and weights are approximate and should be verified by intending purchasers
We regret that we are unable to provide condition reports on the morning of the sale.
On lots that are reserved, the reserve will not be greater than the published estimate at the time the catalogue goes to press or is placed on the Internet.
Please note we will no longer accept payment by cheque from January 2010. All Lots should be paid for and collected immediately following the sale. Any lots not collected by 4.00pm on the Wednesday following sale day will incur storage charges (minimum £25.00 plus VAT per lot). Payment for all lots must be made on the day of sale and methods are (1) CASH, (2) BANKERS DRAFT, (3) DIRECT DEBIT CARDS such as “Switch’, “Delta”, “Classic”, “Connect” (Not Amex), (4) CREDIT CARDS subject to a 2% premium charge.
Thos. Mawer & Son at times offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Thos. Mawer & Son you
1. authorise Thos. Mawer & Son, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via thesaleroom. com, and
2. confirm that you are authorised to provide these credit card details to Thos. Mawer & Son through www.the-saleroom.com and agree that Thos. Mawer & Son are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.
Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price This contract is governed by English Law.