Auction Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern all auction sales conducted by the Auctioneer. By registering, bidding, or consigning goods in any auction (whether in-person in our saleroom or online through our platforms), all parties agree to be bound by these Terms. These Terms outline the rights and obligations of bidders, buyers, sellers, and the Auctioneer in relation to the auction process. In case of any inconsistency with any other information (such as catalogues or announcements), these Terms shall prevail unless otherwise explicitly stated by the Auctioneer.

2. Definitions

For the purposes of these Terms:

Auctioneer: The entity or its authorized agent conducting the auction sale.
Auction or Sale: The public sale at which Lots are offered by the Auctioneer, including in-person and online auctions.
Lot: Any item or set of items consigned for sale at the auction, identified by a lot number.
Seller: The person or entity that has consigned a Lot for sale by the Auctioneer.
Bidder: Any person or entity registered to bid or actually bidding on Lots at the auction.
Buyer: The winning Bidder to whom a Lot is sold. The Buyer is deemed to be the Bidder who made the highest bid accepted by the Auctioneer for a Lot.
Hammer Price: The highest bid price accepted for a Lot at the fall of the hammer (or the close of bidding in an online auction), excluding any additional fees.
Buyer’s Premium: The additional fee (expressed as a percentage of the Hammer Price or a fixed amount) payable by the Buyer to the Auctioneer on each Lot, as set out by the Auctioneer.
Purchase Price: The total sum due from the Buyer for a sold Lot, comprising the Hammer Price plus the Buyer’s Premium and any applicable taxes (such as VAT) or other charges.
Reserve Price: A confidential minimum price established by the Seller in agreement with the Auctioneer, below which the Lot will not be sold. The Auctioneer may bid on behalf of the Seller up to the Reserve Price.
Contract of Sale: The contract formed between the Seller and the Buyer upon the Auctioneer’s acceptance of the highest bid and the fall of the hammer, at which point the Lot is deemed sold.
Business Day: Any day other than a Saturday, Sunday or public holiday in England, on which banks are open for business.

3. Bidder Registration

3.1 Registration Requirement – All prospective Bidders must register with the Auctioneer prior to bidding. Registration typically requires providing accurate contact information, proof of identity (such as photo ID), and any other details the Auctioneer may request. The Auctioneer reserves the right to require the payment of a refundable deposit or submission of credit/debit card details as a condition of registration, especially for new Bidders or high-value auctions.

3.2 Eligibility – By registering to bid, the Bidder represents and warrants that they are at least 18 years of age and legally capable of entering into binding contracts. The Auctioneer may refuse to register or permit bidding by any person at its sole discretion, without stating a reason.

3.3 Bidding Number/Account – Upon successful registration, in-person Bidders will typically be issued a bidding paddle or number, and online Bidders will receive a bidder account or identifier. Bidders are responsible for all bids made using their paddle, number, or account. Bidding on behalf of another person or entity is only permitted if disclosed to the Auctioneer and subject to the Auctioneer’s approval prior to the auction.

3.4 Acceptance of Terms – By registering, the Bidder acknowledges that they have read these Terms and agree to abide by them. All bids placed (whether in person, online, by phone, or by absentee/commission bid) shall be treated as made in accordance with these Terms.

4. Inspection of Lots and Descriptions

4.1 Pre-Auction Inspection – All Lots are available for inspection prior to the auction at times designated by the Auctioneer. Prospective Bidders are strongly encouraged to examine Lots in person (or request condition reports or additional information) before bidding to satisfy themselves as to the condition, authenticity, and suitability of each item. By placing a bid, the Bidder acknowledges that they have either inspected the Lot or waived their right to do so, and that they accept the Lot’s condition.

4.2 Catalogue Descriptions – The Auctioneer endeavors to describe each Lot accurately in the auction catalogue or online listing, including any known provenance, authorship, origin, measurements, or condition information. However, all such descriptions, whether in writing or made orally by the Auctioneer or its staff, are statements of opinion and not guarantees of fact. Photographs and illustrations of Lots are for identification purposes only; they may not reveal all imperfections or true colors, and should not be relied upon for an exact representation of condition.

4.3 No Warranties – Except as expressly provided in these Terms, all Lots are sold “as is,” in the condition they are in at the time of sale, with all faults and imperfections. Neither the Auctioneer nor the Seller provides any guarantees or warranties of any kind, express or implied, as to the merchantability, condition, attribution, authenticity, rarity, or fitness for purpose of any Lot. Any written or oral statements made by the Auctioneer (including in catalogues, condition reports, or announcements) regarding any Lot are not representations of fact but rather reflect opinions or beliefs, and the Auctioneer shall not be held liable for any errors or omissions in such statements.

4.4 Electrical and Mechanical Items – If a Lot is an electrical or mechanical item, it is sold on the assumption that it may not be in working order unless expressly stated otherwise. The Buyer is responsible for arranging the inspection of such items by a qualified electrician or mechanic before use. The Auctioneer shall not be liable for any damage or injury resulting from use of an electrical or mechanical Lot after sale.

4.5 Seller’s Statements – Any statements or representations made by the Seller of a Lot (for example, in a provided provenance letter or verbally on the sale day) are the sole responsibility of that Seller. The Auctioneer has no obligation to verify such claims. If a Seller provides a specific written warranty for a Lot (for example, an authenticity guarantee on a piece of art), any claim under that warranty shall be between the Buyer and the Seller, though the Auctioneer may facilitate communication.

5. Bidding Process

5.1 Bidding Format – The Auctioneer will offer Lots in numerical order (unless announced otherwise). Bidding is conducted in increments determined by the Auctioneer. The Auctioneer may open bidding on any Lot and set bidding increments or adjust them as needed. Bidders may participate by various methods (as available for a given sale):

In-Person Bidding: Attending the auction at the specified venue and bidding using the assigned paddle or bidder number.
Online Bidding: Placing bids in real time through the Auctioneer’s approved online bidding platform (or an authorized third-party platform).
Telephone Bidding: Arranging prior to the auction to bid by phone, wherein a representative of the Auctioneer will call the Bidder during the sale and relay bids on the Bidder’s behalf.
Absentee/Commission Bids: Submitting a written or electronic bid before the auction, indicating the maximum bid amount for a Lot. The Auctioneer will execute such bids confidentially, aiming to obtain the Lot at the lowest price possible subject to other bids and any reserve.

5.2 Bidder Responsibility – Once made, a bid is a binding offer to purchase the Lot at that price. Each Bidder is responsible for any bid placed under their bidder number or account, whether the bid is made personally by the Bidder or by an agent or through electronic means. Bids cannot be retracted after they are accepted by the Auctioneer. The Auctioneer will not accept bids that are subject to additional conditions; all bids are made outright and unqualified.

5.3 Bidding Priority – If identical high bids are placed by multiple parties (for example, two absentee bids at the same amount, or an in-room bid and an online bid simultaneously), the Auctioneer has sole discretion to determine which bid is accepted. Typically, the earliest bid received or the floor bid (in-person bid) might be given priority, but the Auctioneer’s decision on such matters is final. The Auctioneer may also resolve tied bids by asking those Bidders to place an additional higher bid, if they are present or can be contacted.

5.4 Reserve Bids – Many Lots carry a Reserve Price. In executing the auction, the Auctioneer (and its staff) may bid on behalf of the Seller up to the amount of the Reserve, by placing counter-bids when necessary to reach the Reserve Price. Such bidding will not exceed the Reserve. If no bid meets or exceeds the Reserve Price, the Auctioneer may withdraw the Lot from sale. Lots offered without reserve will be sold to the highest Bidder regardless of price.

5.5 Auctioneer’s Discretion – The Auctioneer has absolute discretion and authority to: refuse any bid or bidder participation; divide any Lot or combine Lots (prior to auction); vary the order of sale; and, in the case of error or dispute, to reopen or cancel the sale of a Lot. If any dispute arises after the sale, the Auctioneer’s sale record shall be conclusive. The Auctioneer also reserves the right to reject any bid it deems indisputably too low or too high (e.g., a nominal or plainly frivolous bid), and to continue the bidding at a reasonable increment.

5.6 Fall of the Hammer – A Lot is sold when the Auctioneer announces “Sold” or by the fall of the hammer (or in an online auction, when the bidding time expires and the highest bid is finalized). The contract of sale between the Seller and the Buyer is thereby concluded at that moment, with the Hammer Price being the winning bid. The Buyer is then fully responsible for payment and compliance with these Terms. The Auctioneer will typically confirm the sale by announcing the winning bidder’s number or name and the Hammer Price.

5.7 Online Bidding and Technology – Bidders using an online platform for bidding acknowledge that the internet can be unreliable. The Auctioneer is not responsible for technical difficulties or failures that may prevent a bid from being placed or acknowledged (such as network delays, software malfunctions, or power outages). In the event of a widespread technical issue (for example, if the Auctioneer’s online system crashes or becomes unavailable to most users), the Auctioneer may at its discretion pause the auction, restart the bidding on the affected Lot, or take other appropriate measures to ensure a fair outcome. However, the Auctioneer does not guarantee uninterrupted access to online bidding and shall not be liable for any errors or missed bids due to technical issues.

5.8 Currency of Bids – All bids are in the currency stated for the auction (typically Pounds Sterling (GBP) for UK auctions). Bidders are responsible for accounting for any currency exchange differences if they are bidding from outside the UK; the obligation remains to pay the amount in GBP as invoiced.

6. Auctioneer’s Role and Liability

6.1 Agent for the Seller – Except where the Auctioneer is expressly identified as selling a Lot as owner (which will be indicated in the catalogue or by announcement), the Auctioneer acts solely as the agent for the Seller. The Auctioneer facilitates the sale and is not a party to the Contract of Sale between the Seller and the Buyer. As agent, the Auctioneer makes no warranty of its own about any Lot (all representations are made on behalf of the Seller).

6.2 Limitation of Auctioneer’s Liability – The Auctioneer shall carry out its duties with reasonable care, skill, and judgment. However, to the fullest extent permitted by law, the Auctioneer (and its employees or agents) shall not be liable for any errors or omissions in the conduct of the auction or in the handling or description of any Lot. The Auctioneer’s potential liability to a Buyer or Seller in connection with the sale of any Lot is limited to the amount of the Auctioneer’s commission and Buyer’s Premium received on that Lot. The Auctioneer is not liable for any indirect or consequential losses (such as loss of profit, loss of opportunity, or expected savings) suffered by any party. Nothing in these Terms shall limit or exclude the Auctioneer’s liability for death or personal injury caused by its negligence, or for any other liability which cannot be excluded under English law.

6.3 No Liability for Bidders’ Actions – The Auctioneer is not responsible for the acts or omissions of any Bidder, Buyer, or Seller. If a Buyer fails to complete a purchase or a Seller fails to honour a sale, the resulting dispute is between the Buyer and Seller, and the Auctioneer’s obligation is limited to reasonable assistance in trying to resolve the issue. The Auctioneer may, however, seek to enforce a Buyer’s obligations on the Seller’s behalf or take legal steps in its own name to collect amounts due, at its discretion.

6.4 Withdrawal of Lots – The Auctioneer reserves the right to withdraw any Lot from the auction at any time before it is announced as sold, without incurring liability. This may occur for various reasons, such as discovery of a title issue, questions about authenticity, damage to the Lot, or at the Seller’s request (by mutual agreement with the Auctioneer). If a Lot is withdrawn, any pre-auction payments or deposits specific to that Lot will be returned to the Bidder (if applicable), but the Auctioneer shall not be liable for any additional costs or losses incurred by would-be bidders (e.g., travel expenses or lost opportunity).

6.5 Condition of Auction Site – Persons attending the auction premises or any preview/storage site do so at their own risk. The Auctioneer shall not be liable for any accidents, theft, or damage to persons or property suffered on the premises, except where such injury or damage is caused by the negligence of the Auctioneer or its staff. Bidders and visitors must observe all posted safety warnings and instructions given by the Auctioneer’s staff. Parents or guardians are responsible for the safety and behavior of any minors accompanying them.

7. Seller’s Responsibilities

7.1 Ownership and Authority – The Seller warrants that they are the sole owner of the Lot or have full authority from the owner to sell the Lot, and that they can transfer good and marketable title to the Lot free of any encumbrances. The Seller guarantees that any item offered for sale is free from liens, charges, or third-party claims. If the Seller is acting as an agent (e.g., an executor of an estate or a dealer selling on behalf of an owner), the Seller must disclose this and warrants they have authority to act in that capacity.

7.2 Accuracy of Information – The Seller must provide the Auctioneer with all relevant information about the Lot, including (to the extent known) the origin, maker/artist, age, provenance, authenticity, and condition of the item. Any material issues or defects (restorations, damages, alterations, etc.) known to the Seller should be disclosed. The Seller will be responsible for any errors or omissions in the information provided if such errors materially affect the value or saleability of the Lot. The Seller indemnifies the Auctioneer and the Buyer against any loss or damage resulting from any breach of this clause, including scenarios where the Lot is later claimed to be a stolen item, subject to a third-party ownership claim, or a forgery (deliberate deception) and the Seller had misrepresented or failed to disclose such facts.

7.3 Reserves – If a Reserve Price has been agreed for a Lot, it shall be recorded in writing with the Auctioneer prior to the auction. The Auctioneer will not sell the Lot below this Reserve (without the Seller’s permission during the auction). The Seller shall not take any action to “bid up” their own Lot, either by bidding personally or through an agent or acquaintance (no shill bidding). If the Auctioneer suspects that the Seller or their agent has attempted to bid on their own items (beyond any permitted vendor bidding by the Auctioneer up to the reserve), the Auctioneer may withdraw the Lot or take other actions, and the Seller may be liable for the commission as if the Lot had sold. After the auction, if the Lot fails to reach its Reserve, the Auctioneer may discuss with the Seller the possibility of a sale to the highest bidder at a price below the Reserve, but no such sale will occur without the Seller’s consent.

7.4 Fees and Commissions – The Seller shall pay the Auctioneer the agreed seller’s commission for the sale of the Lot, as well as any other agreed charges (for example, a listing/entry fee, photography fees, insurance, storage, or handling fees). These charges must be agreed in the auction consignment contract. The Auctioneer is authorized to deduct all such fees and any applicable taxes from the proceeds of sale. The Seller acknowledges that the Auctioneer will also charge the Buyer a Buyer’s Premium on the sale, which the Auctioneer retains. The Seller has no rights to any portion of the Buyer’s Premium.

7.5 Payment of Proceeds – After a successful sale, provided the Auctioneer has received full payment from the Buyer, the Auctioneer will remit the net sale proceeds to the Seller. Net sale proceeds are the Hammer Price minus the seller’s commission and any other agreed deductions (and minus any VAT or statutory deductions applicable). Payment to the Seller is typically made within a specified period (e.g., 14 to 30 days after the auction), subject to variation if there is a delay in the Buyer’s payment. If the Buyer fails to pay in full within a reasonable time, the Auctioneer will inform the Seller and seek the Seller’s instructions (while the Auctioneer pursues the Buyer for payment). The Auctioneer is not obliged to pay the Seller for the Lot until the Buyer’s payment is received and cleared; the Auctioneer cannot guarantee and is not financially responsible for the solvency of any Buyer.

7.6 Unsold Lots – If a Lot does not sell (because it fails to meet the Reserve or attracts no bids), the Auctioneer will notify the Seller. The Seller then must decide, within a reasonable timeframe, either to re-consign the item for a future sale (subject to the Auctioneer’s consent) or to collect the item. Unsold Lots must be collected by the Seller within the deadline given by the Auctioneer (for example, within 7–14 days after notification). If the Seller does not collect the unsold Lot within that time, the Auctioneer may charge the Seller for storage and insurance from that point forward. In the event the Seller fails to make arrangements for an unsold Lot, the Auctioneer, after giving written notice to the Seller, may return the Lot to the Seller at the Seller’s last known address at the Seller’s cost, or place the item in external storage at the Seller’s cost, or, if lawful, sell the item at auction without reserve and deduct any outstanding fees from the proceeds (with any remaining amount held for the Seller).

7.7 Withdrawal by Seller – If the Seller withdraws a Lot from the auction after entering into a consignment agreement (and before the auction takes place), the Auctioneer reserves the right to charge a withdrawal fee. This fee is often a percentage of either the low estimate or the Reserve Price, plus any incurred costs (e.g. photography, cataloguing, advertising). The Auctioneer will not withdraw a Lot at the Seller’s request without written confirmation from the Seller and agreement on any applicable withdrawal charges.

7.8 Indemnity – The Seller shall indemnify and hold harmless the Auctioneer (and its employees and agents) and the Buyer from any claim, expense, loss or damage arising out of or related to: (a) any breach of the Seller’s representations or obligations under these Terms, or (b) any actual or alleged defect in or title to the Lot. This indemnity extends to legal fees and costs incurred by the Auctioneer or Buyer in defending against such claims.

8. Buyer’s Responsibilities

8.1 Payment Obligation – The Buyer must pay the Purchase Price (Hammer Price + Buyer’s Premium + applicable VAT/taxes) for each Lot purchased, in accordance with the payment terms in Section 9. Bidders should familiarize themselves with the Buyer’s Premium rate and any additional charges applicable to the sale, which are typically published by the Auctioneer in advance. By bidding, the Buyer agrees that, if successful, they will fulfill all payment and other obligations as outlined in these Terms.

8.2 Contractual Commitment – When the hammer falls and a Lot is declared sold to the Buyer, a binding contract is formed between the Buyer and the Seller. The Buyer is legally obligated to complete the purchase and make full payment. Failure to do so constitutes a breach of contract. Buyers are strongly advised to arrange financing or have funds available prior to bidding. Neither the Auctioneer nor the Seller is obliged to cancel the sale due to the Buyer’s lack of funds or change of mind.

8.3 Taxes and Duties – The Buyer is responsible for any taxes or duties that may apply to the purchase. This includes UK Value Added Tax (VAT) where applicable, import or export duties for international shipments, or any local taxes applicable in the Buyer’s jurisdiction. The auction catalogue or notices will indicate when VAT is applicable on the Hammer Price or Buyer’s Premium (for example, if a Lot is being sold by a VAT-registered business, VAT may be added to the Hammer Price). If the Buyer is eligible for any tax exemptions or refunds (such as buying under a VAT margin scheme, exporting the Lot outside the UK, etc.), it is the Buyer’s responsibility to notify the Auctioneer and provide any required documentation promptly. The Purchase Price must be paid in full (including any VAT); the Auctioneer may later refund or adjust VAT according to law upon receipt of proper evidence for exemption (e.g., proof of export).

8.4 Compliance with Laws – The Buyer must comply with all applicable laws and regulations regarding the possession, transport, and import/export of Lots. Certain Lots may be subject to specific restrictions (for instance, items containing ivory or other protected materials, firearms, or cultural goods subject to export licensing). It is the Buyer’s responsibility to acquire any necessary licenses or permits for owning or shipping the Lot. The inability to obtain necessary permissions or licenses does not void the sale; the Buyer will remain responsible for payment. The Auctioneer can assist by providing information on known restrictions, but the responsibility remains with the Buyer.

8.5 Risk and Insurance – As set forth in Section 11, the risk of loss or damage to a Lot passes to the Buyer at the time of sale (even though title may not pass until full payment). The Buyer should consider obtaining insurance coverage for their purchased Lots immediately following the auction. The Auctioneer will exercise reasonable care for sold Lots while they remain on the Auctioneer’s premises, but neither the Auctioneer nor the Seller will be liable for loss or damage to any Lot after the fall of the hammer, except as stated in these Terms. If the Auctioneer is to ship the Lot for the Buyer, the Buyer should ensure shipping insurance is in place (either through the carrier or their own policy).

8.6 Removal of Purchases – The Buyer is responsible for the removal of purchased Lots in accordance with Section 10 (Collection and Shipping). This includes making any necessary appointments or arrangements to pick up the item, and providing any required equipment or labor to safely remove the item. The Buyer must adhere to any deadlines provided for collection. If the Buyer fails to collect the Lot within the designated time, storage fees and handling charges may apply (as detailed in Section 10.7).

8.7 Prohibited Acts – The Buyer must not engage in any illegal or unethical activities in relation to the auction. This includes bid rigging or collusion (agreeing with other bidders to manipulate the auction outcome), fraud, or any form of misrepresentation. The Auctioneer reserves the right to report any suspicious or unlawful conduct by bidders to the appropriate authorities and to seek any appropriate legal remedies.

8.8 No Set-Off or Withhold – The Buyer is not entitled to set off any amounts they owe to the Auctioneer or Seller against any claims they believe they have against the Auctioneer or Seller. All payments due must be made in full as provided, without deduction or withholding. Likewise, the Buyer should not delay payment pending the resolution of any claim or complaint they may have; such issues will be addressed separately as per these Terms.

8.9 Default and Future Participation – A Buyer who fails to comply with their obligations (including payment and collection) may be deemed in default. As a result, the Auctioneer may impose sanctions on the Buyer, including barring them from future auctions or requiring a deposit before any future bidding. The Buyer will be liable for any losses incurred due to their default as described in Section 9.5 and 9.6.

9. Payment Terms

9.1 Payment Deadline – The Buyer must pay the full Purchase Price promptly, and no later than the deadline stated by the Auctioneer. Unless otherwise specified, the standard deadline is within five (5) Business Days after the auction. The exact due date will be stated on the Buyer’s invoice. Time is of the essence with regard to payment; the Auctioneer is entitled to strict compliance with payment deadlines.

9.2 Invoicing – After the auction, the Auctioneer will issue an invoice or statement to the Buyer detailing each Lot purchased along with the Hammer Price, Buyer’s Premium, any VAT/taxes, and any other charges that apply (e.g., online platform fee or handling fee, if applicable). The Buyer is responsible for ensuring they receive this invoice (if not received within 24 hours after the sale, the Buyer should contact the Auctioneer). The total invoice amount must be paid in full.

9.3 Accepted Payment Methods – The Auctioneer will indicate acceptable payment methods. Generally, these include:

Bank Transfer (Wire): Electronic transfer of funds directly to the Auctioneer’s bank account (the Auctioneer will provide bank details on the invoice). This method is preferred for large amounts.
Debit/Credit Card: Most major cards are accepted for in-person payments or through a secure online payment system. The Auctioneer may set a limit on card payments for high-value transactions and may require the cardholder to be present or to provide identification. Some Auctioneers do not accept credit cards above a certain amount or at all due to fees, or they may pass on card processing fees to the Buyer (this will be stated in advance if applicable).
Cash: Acceptable only up to any limits set by law or the Auctioneer’s policy. In the UK, cash payments may be restricted (often a maximum of £5,000 – £10,000) due to money laundering regulations. Large cash payments will generally not be accepted.
Banker’s Draft/Certified Cheque: By prior arrangement, a banker’s draft or certified cheque can be accepted, subject to verification. Ordinary personal or business cheques are usually not accepted unless cleared in advance, because release of Lots will be held until the cheque fully clears.

All payments must be made in the currency of the invoice (GBP for UK auctions). The Buyer is responsible for any bank fees or charges associated with their payment to ensure the Auctioneer receives the full invoiced amount.

9.4 Late Payment and Interest – If the Buyer fails to make full payment by the due date, the Auctioneer is entitled to charge interest on the overdue amount. The interest rate will be as specified by the Auctioneer (for example, 5% per annum above the Bank of England’s base lending rate), accruing from the payment due date until the date of actual payment in full. Interest is charged as a genuine pre-estimate of the funding costs and administrative burden to the Auctioneer from the delay in payment.

9.5 Remedies for Non-Payment – In the event of non-payment or any other material breach of these Terms by the Buyer, the Auctioneer (as agent for the Seller and for itself) may take one or more of the following actions:

Cancel the Sale: Rescind the sale of the Lot to the defaulting Buyer. The Buyer will forfeit any deposit or partial payments made, which may be applied toward damages and costs.
Resell the Lot: Re-sell the Lot, either by private treaty or at a subsequent auction, on behalf of the Seller. The defaulting Buyer shall be liable for any shortfall between the original Purchase Price and the net proceeds from the resale (after deducting resale costs). Any surplus from a resale will belong to the Seller.
Storage and Insurance: Move the item into storage and charge the Buyer for the reasonable costs of storage (plus insurance) from the original collection deadline until eventual removal or resale of the Lot.
Cost Recovery: Hold the Buyer liable for all costs incurred due to their default. This includes storage, moving and insurance costs, auctioneer’s expenses, and legal fees on a full indemnity basis for actions taken to pursue the Buyer or enforce the contract.
Interest: Continue to charge interest on the unpaid amount as described in 9.4 until the Buyer’s obligations are fulfilled.
Retain Other Items: Apply any payments made by the Buyer toward any outstanding amounts on this or other transactions, or retain any other Lots purchased by the Buyer (even if fully paid for) until full payment is made for all purchases.
Future Auctions: Reject any bids made by the defaulting Buyer or their representative at future auctions, or require an advanced deposit or payment guarantee before allowing future bidding.

The defaulting Buyer will be notified of the action(s) taken. These remedies are cumulative and in addition to any others provided by law.

9.6 Third-Party Debt Collection – The Auctioneer reserves the right to engage a collection agency or pursue legal action to recover any outstanding debt from the Buyer. The Buyer will be responsible for any additional costs incurred in such process, including court fees and collection agency charges. Furthermore, the Auctioneer may report the default to credit rating agencies or relevant auction industry forums, which could affect the Buyer’s ability to participate in future auctions elsewhere.

10. Collection and Shipping

10.1 Collection Timeframe – The Buyer is expected to collect or make shipping arrangements for their purchased Lots within the timeframe specified by the Auctioneer. Typically, collection can be made once full payment has cleared and must occur within a few days after the auction (for example, within five (5) Business Days after the sale) unless otherwise agreed. The Auctioneer will provide details for pickup (dates, times, location) on the invoice or sale website. It is the Buyer’s responsibility to adhere to these timelines or promptly contact the Auctioneer if an extension is required (which may be granted at the Auctioneer’s discretion and may incur storage fees).

10.2 Collection Process – Before removing a Lot, the Buyer (or their authorized agent) must check in with auction staff and present identification and proof of purchase (such as the paid invoice). The Auctioneer will release the Lot only after verifying payment in full. If a third-party is collecting on behalf of the Buyer, the Buyer should provide written authorization (e.g., an email or letter) to the Auctioneer naming that party, and the third party should present identification. This security step is to ensure Lots are handed over to the correct person.

10.3 Packing and Handling – The Buyer is responsible for any packing or handling of items at collection. The Auctioneer may offer limited assistance (for example, helping to carry small items to a vehicle) but is not obligated to pack or secure goods for transit. If the Auctioneer’s staff do assist, they do so at the Buyer’s risk, and the Auctioneer assumes no liability for any damage that occurs in the course of such voluntary assistance. It is recommended that the Buyer bring appropriate packing materials and equipment, especially for fragile or heavy items.

10.4 Shipping Services – If the Buyer cannot collect in person, it is the Buyer’s responsibility to arrange for shipping or delivery. The Auctioneer may provide information on recommended shippers or may offer in-house shipping for certain items (charges will apply in either case). All shipping and related costs (packing, insurance during transit, customs fees, etc.) are the Buyer’s expense. When the Auctioneer arranges shipping on the Buyer’s behalf, the Auctioneer acts as the Buyer’s agent and is not liable for any acts or omissions of the carrier or shipper. Shipping arrangements should be requested as soon as possible after the sale to avoid storage charges.

10.5 Export/Import Requirements – The Buyer is responsible for compliance with export or import regulations for moving Lots across country borders. Certain Lots may require export licenses (for example, items containing wildlife material or items over a certain age and value that are considered national cultural property). The granting of an export license or any customs clearance is beyond the Auctioneer’s control and is not guaranteed. If the Buyer needs to apply for licenses or permits, they should do so promptly. The Buyer remains obligated to pay for the Lot even if the required permits are delayed or denied. If a Buyer is exporting the Lot and wishes to avoid paying UK VAT, they must provide proof of export in accordance with HMRC regulations; the Auctioneer can usually refund VAT if valid proof is provided within the required timeframe.

10.6 Insurance and Risk During Collection – After the auction, while the Lot remains on the Auctioneer’s premises awaiting pickup, the Auctioneer will exercise due care in storing the item. However, as noted in Section 11, the risk for the item has passed to the Buyer at sale. The Auctioneer’s insurance may cover the item for a short grace period after the sale (often until the stated collection deadline), but this coverage may be limited to the Hammer Price or a stated value and is subject to the Auctioneer’s policy terms. Once the Lot is removed by the Buyer or their agent, the Buyer assumes all responsibility and liability for the item. The Buyer should ensure that any courier or transporter has appropriate insurance in place.

10.7 Storage and Uncollected Items – If the Buyer does not collect the Lot within the specified period and has not made alternative arrangements, the Auctioneer may transfer the Lot to a storage facility. The Buyer will be responsible for all costs incurred, including transportation to storage, storage fees, and insurance during storage. The Auctioneer will attempt to notify the Buyer of the move to storage using the contact details provided. Storage fees can be charged per day or per week per Lot (the Auctioneer’s schedule of storage charges will be provided on request or in the post-auction information).

If a Lot remains uncollected for an extended period (for example, more than 30 days after the auction) and the Buyer has not arranged shipping or pickup and has not responded to the Auctioneer’s communications, the Auctioneer may treat the Lot as abandoned. In such case, the Auctioneer may (after giving a final notice by recorded delivery or email to the Buyer’s last known address) take action to dispose of the item. Disposal may include offering the item for sale in a future auction without reserve or selling it privately on behalf of the Buyer. Any proceeds from such sale will be applied to the outstanding storage charges, handling fees, resale costs, and the original Purchase Price owed by the Buyer. Any remaining balance may be returned to the Buyer (if the Buyer can be located), and if there is a shortfall, the Buyer will remain liable for the difference. Alternatively, the Auctioneer may return the item to the Seller (if the Seller is willing), in which case the Buyer will forfeit any monies paid and remain liable for any costs incurred.

10.8 Special Arrangements – If the Buyer anticipates difficulty in collecting within the standard timeframe, it is crucial to contact the Auctioneer immediately after the sale to discuss possible arrangements. The Auctioneer may, at its discretion, agree to hold items for a longer period or ship items at a later date, but such arrangements should be confirmed in writing. Additional fees may apply for extended storage or delayed shipping.

11. Transfer of Title and Risk

11.1 Transfer of Title – The ownership (title) of a Lot will not pass to the Buyer until the Auctioneer has received full payment of the Purchase Price for that Lot (and for any other Lot purchased by the Buyer at the same auction, if the Auctioneer so requires, as a condition of releasing any of them). Until title passes, the Auctioneer and/or the Seller retain full legal and beneficial title to the Lot. In practical terms, this means that if the Buyer has taken possession of the Lot but has not yet fully paid, the Auctioneer or Seller can demand its return and has the right to withhold title. Once full payment is received by the Auctioneer in cleared funds, title will pass to the Buyer, and the Buyer will be entitled to receive any documents of title (if applicable) or provenance in the Auctioneer’s possession.

11.2 Risk of Damage or Loss – Although title passes only upon full payment, risk in the Lot (responsibility for loss or damage) passes to the Buyer at the moment the Lot is sold (fall of the hammer or equivalent online closing). Therefore, the Buyer has an insurable interest in the Lot from that time and should consider obtaining insurance immediately. The Auctioneer will assume responsibility for loss or damage after the sale only to the extent covered by their insurance and only until the agreed collection deadline. Beyond that, any loss or damage will be at the Buyer’s risk. If the Auctioneer’s insurance policy pays out for loss or damage to a Lot after sale but before collection, those proceeds (up to the amount of the Purchase Price) will be paid to the Buyer in lieu of the item, and the Buyer shall have no further claim against the Auctioneer or the Seller.

11.3 Lien and Right of Retention – The Auctioneer shall have a lien over any Lots sold to the Buyer, which have not been collected, for any and all monies due from the Buyer to the Auctioneer (whether relating to this sale or any other). This means the Auctioneer can refuse to release the Lot to the Buyer until full payment is made, and it can ultimately sell or dispose of the Lot as described in Section 10.7 to satisfy the debt. The Auctioneer also reserves the right to offset any proceeds from the sale of a Lot owed to a Seller against any unpaid account of that Seller with the Auctioneer.

11.4 Buyer’s Property in Auctioneer’s Possession – If the Buyer has consigned other items for sale with the Auctioneer, the Buyer agrees that the Auctioneer shall have the right to retain those items or any sale proceeds from them as security for payment of amounts the Buyer owes in relation to this auction purchase. The Auctioneer may apply such proceeds to the Buyer’s outstanding balance or sell such consigned items to recover amounts due, following notification to the Buyer.

11.5 Passing of Title to Buyer’s Default – If the Buyer fails to pay and the sale is cancelled or rescinded as a result (whether by mutual agreement of Auctioneer and Seller, or through the Auctioneer’s remedies on default), title reverts to the Seller (or remains with the Seller, having never passed). The Buyer will have no claim to title and must return the Lot (if they have already obtained possession) to the Auctioneer or the Seller in the same condition as when released. The Auctioneer’s actions to cancel the sale and recover the Lot shall be without prejudice to the Seller’s and Auctioneer’s rights to seek any legal remedy for breach of contract.

12. Limitation of Liability and Warranty

12.1 As-Is Sale; Exclusion of Implied Warranties – All Lots are sold “as is,” without any guarantees except those specifically provided for in these Terms. To the maximum extent permitted by law, the Auctioneer and the Seller exclude any implied warranties or conditions that may otherwise apply to a Lot. This includes (but is not limited to) warranties of merchantability, fitness for a particular purpose, absence of defects, or accuracy of description. Buyers buy relying on their own examination and judgment. If a Lot fails to meet the Buyer’s expectations in any respect (for example, condition or quality), the Buyer shall have no recourse against the Auctioneer or the Seller, unless it can be shown that a material misrepresentation or breach of an express warranty was made in the catalogue or by the Auctioneer, and even then any remedy will be subject to these Terms and applicable law.

12.2 Auctioneer’s Liability to Buyers – If the Auctioneer is found liable to a Buyer for any reason (including for negligence, breach of contract, or statutory duty), the Auctioneer’s liability shall be limited to the Purchase Price actually paid by the Buyer for the Lot in question. The Auctioneer shall not be liable for any loss of chance or expectation, loss of profits, or other indirect damages. This limitation does not exclude or limit the Auctioneer’s liability for fraud, or for death or personal injury resulting from the Auctioneer’s negligence, or other liabilities which cannot be limited by law.

12.3 Seller’s Liability to Buyers – The Seller’s warranties are outlined in Section 7. If a Seller is found liable to the Buyer for breach of any obligation in connection with the Lot or the sale (for example, if the item is proven to be a stolen item or a forgery and the Seller had warranted good title or authenticity), the Seller’s liability to the Buyer shall generally not exceed the total amount paid by the Buyer (and in many cases, would entail returning the Purchase Price to the Buyer against return of the Lot, as per Section 13.3 on authenticity disputes). Sellers are not liable for minor inaccuracies or flaws not known to them. Any claim by a Buyer against a Seller shall be made through or in consultation with the Auctioneer, and in any case within any time limits prescribed (see Section 13.3 for authenticity claims). Beyond such claims, the Buyer’s sole remedy for any issues shall be against the Seller and not the Auctioneer.

12.4 Indirect and Consequential Loss – Neither the Auctioneer nor the Seller shall be responsible for any indirect or consequential losses. For example, if a Buyer purchases an item and incurs a loss because they had planned to resell it at a profit which did not materialize, or if a Buyer or Seller incurs costs due to a breach by the other (like travel, accommodation, loss of time or business), those types of damages are not recoverable from the Auctioneer (and generally not from the defaulting party either, except to the limited extent of the remedies specified in these Terms or allowed by law).

12.5 Force Majeure – The Auctioneer shall not be liable for any failure or delay in performing its obligations (such as holding an auction as scheduled or handling a Lot) if that failure or delay is due to causes beyond its reasonable control. This includes, but is not limited to: natural disasters, fires, floods, wars, civil disturbances, terrorist acts, government actions, power or communication outages, or any other extreme events. In such circumstances, the Auctioneer may cancel, postpone, or make necessary changes to the auction or related arrangements and will not be considered in breach of contract as a result.

12.6 Limited Survival of Certain Terms – The provisions of this Section 12 and any related warranties or exclusions shall survive the completion of any sale and the termination of the auction. This means that even after a sale is completed, the rights, limitations, and obligations set forth in this section remain in effect between the relevant parties (Auctioneer, Buyer, Seller).

12.7 Consumer Rights – If the Buyer is considered a “consumer” under applicable law (for instance, buying an item for personal use as opposed to business use, in some cases), certain limitations and exclusions in these Terms may be restricted by the UK Consumer Rights Act 2015 or other consumer protection legislation. In particular, nothing in these Terms is intended to exclude or limit any statutory rights a consumer Buyer may have that cannot be waived. Consumer Buyers should note, however, that many purchases at auction (especially at public auction in person) are not subject to the usual “distance selling” cancellation rights that apply to online retail purchases. If in doubt about your consumer rights, please consult the Auctioneer before bidding.

13. Dispute Resolution

13.1 Auctioneer’s Decision is Final (Bidding Disputes) – During the auction, the Auctioneer has the final say in any dispute about a bid or sale of a Lot. If any dispute arises as to who the high bidder was, or whether a bid was made before the hammer fell, or any other bidding issue, the Auctioneer may, at their discretion, either declare a particular bidder as the Buyer, or reopen the bidding between the disputed parties, or re-offer the Lot entirely. The Auctioneer’s resolution of such disputes is final. The Auctioneer’s recording of the sale (whether in the sale ledger, audio/video recording, or electronic log) will be considered conclusive evidence regarding the conduct of that auction and the bids made.

13.2 Post-Sale Disputes and Claims – If the Buyer has a complaint or discovers an issue with a purchased Lot (for example, significant undisclosed damage or questions of authenticity), the Buyer should promptly notify the Auctioneer. Similarly, if a Seller has a concern (for example, non-payment by the Buyer or damage to the Lot while in the Auctioneer’s possession), the Seller should notify the Auctioneer. The Auctioneer may act as an intermediary to facilitate a resolution. Both Buyer and Seller agree to cooperate with the Auctioneer in investigating any claims, including providing any evidence or expert opinions reasonably requested.

13.3 Authenticity Guarantee and Time Limit – If the Auctioneer has expressly warranted in the catalogue that a Lot is the work of a particular artist or maker (using an unqualified name or title in the Lot description), and if the Buyer subsequently believes that the Lot is a deliberate forgery (an imitation created with intent to deceive as to authorship or origin), the Buyer must notify the Auctioneer in writing within 14 days of the auction (or such other time as specified by the Auctioneer for that category of Lot) providing the Lot number, reasons for the claim, and any supporting evidence from a qualified expert. The Lot must be returned to the Auctioneer in the same condition as when sold. If the claim is validated by the Auctioneer (which may include obtaining expert opinions), the sale will be rescinded. The Buyer will receive a refund of the Purchase Price (Hammer Price plus Buyer’s Premium and any VAT) in exchange for the return of the Lot, and the Seller will be liable to refund to the Auctioneer any proceeds paid out. This Authenticity Guarantee does not apply if: (a) the catalogue description was consistent with the generally accepted scholarly opinion at the time of sale or indicated there was a conflict of opinion; or (b) the issue is a matter of degree (for example, condition or restoration) rather than authenticity of authorship; or (c) the Lot’s description or lack thereof did not directly attribute the work to a named creator (for example, if the Lot was sold as “attributed to” or “in the style of” someone, or was unidentified). This section may not apply to all auctions (e.g., it is most relevant to fine art and similar collectibles) – if the Auctioneer does not provide an authenticity warranty, this clause may be considered inapplicable.

13.4 Resolution Between Buyer and Seller – In most cases, the Auctioneer’s role and obligations are fulfilled when the Lot is sold and payment is collected. However, if a dispute arises between the Buyer and the Seller (such as allegations of misrepresentation, or a material defect discovered post-sale that was not disclosed), the Auctioneer will use reasonable efforts to mediate the dispute. If mediation fails, the parties (Buyer and Seller) must resolve the dispute through appropriate legal channels. Both Buyers and Sellers agree that they will not engage in public disparagement (such as on social media) of the other party or the Auctioneer as a tactic in a dispute; all issues should be dealt with through the formal processes set out in these Terms or by law.

13.5 Complaints – Should a Buyer or Seller have a complaint about the Auctioneer’s services (unrelated to a specific sale dispute), they should submit it in writing to the Auctioneer’s management. The Auctioneer may have a formal complaint handling procedure or may be a member of a professional association that can assist in resolving certain issues. The Auctioneer will review and respond to complaints in a timely manner.

13.6 Legal Proceedings – If a dispute cannot be resolved amicably or through mediation, all parties agree that it will be resolved in accordance with the Governing Law and Jurisdiction provision set forth in Section 14. This means, unless otherwise agreed in writing, disputes will typically be resolved by the courts of England and Wales. Both Buyer and Seller (and the Auctioneer, as applicable) agree to submit to this jurisdiction.

14. Governing Law and Jurisdiction

14.1 Governing Law – These Terms and Conditions, and any disputes or claims arising out of or in connection with them or the auction and sale of any Lot, shall be governed by and construed in accordance with the laws of England and Wales.

14.2 Jurisdiction – All parties (including the Auctioneer, Buyers, Sellers, and Bidders) agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising from or connected with these Terms or any auction conducted under these Terms. However, the Auctioneer retains the right, at its sole discretion, to initiate proceedings in the courts of any other country (for example, against a Buyer or Seller in the country of their residence or assets) in order to enforce its rights or any judgment, where appropriate.

14.3 Rights of Third Parties – Unless otherwise expressly stated, a person who is not a party to these Terms (such as a shipper or an agent who is not acting in the capacity of a Bidder, Buyer, or Seller) has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.4 Severability – If any provision of these Terms is found by any court or competent authority to be invalid, unlawful, or unenforceable, that part shall be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by law. The parties shall negotiate in good faith to replace an invalid provision with a valid provision that, as far as possible, achieves the intended commercial effect of the original.

14.5 No Waiver – No failure or delay by the Auctioneer (or any Seller or Buyer) to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict further exercise of that or any other right or remedy. A waiver of any term shall only be effective if explicitly given in writing by the party granting the waiver.

14.6 Entire Agreement – These Terms, along with any special terms set out in writing by the Auctioneer for a specific auction (such as additional conditions in a specific catalogue or announcement), constitute the entire agreement between the Auctioneer and the Buyer, and between the Auctioneer and the Seller, regarding the subject matter hereof. They supersede any prior representations, understandings, or agreements (whether oral or written) relating to the same subject. Each party acknowledges that, in entering into the contract, they have not relied on any statement or representation not expressly set out in these Terms. No variation to these Terms shall be effective unless made in writing and agreed by the Auctioneer.

For any questions about these Terms or for further information regarding a specific sale, please contact the Auctioneer. These Terms and Conditions are intended to ensure a fair and transparent auction process for all participants.