1.BEFORE THE SALE
1.1 Agent for the Seller
Chiswick Auctions Ltd (hereafter C.A. Ltd) acts as an agent for the
Seller. The Seller agrees that C.A. Ltd shall promote and offer the
Lot(s) for sale on their behalf.
For the purposes of the present Terms and Conditions, the
Seller is defined as the legitimate owner of the Lot(s).
The Contract of Sale is between the Buyer and the Seller.
1.2 Seller Undertakings
The Seller undertakes to C.A. Ltd that they are the true owner
of the Lot, or have been duly mandated by the true owner to
sell the Lot, and that there are no claims relating to ownership
or title or any other claim thereon.
All information provided by the Seller prior to the sale, including
but not limited to attribution or provenance is deemed to be
true and accurate.
The Seller shall be bound by such assertions and may be liable
to indemnify C.A. Ltd for any false statements made. Any
Seller acting in the course of Business shall be bound by the
description they make.
In relation to imported items, the Seller undertakes that the
Laws of the countries from which the item was exported
have been complied with and that the item has been lawfully
imported. It is the Seller’s duty to obtain necessary licenses and
authorisations for the purposes of the sale.
1.3 Proof of identity
The Seller shall be required to provide proof of identification in
the form of a passport and photocard driving licence. No other
forms of ID are acceptable. Proof of address of main residence
is also required. Only official documents showing name and
address will be accepted.
1.4 Lot examination and description
C.A. Ltd shall proceed to a free standard examination of the
Seller’s Lot, which does not involve in-depth investigation
or tests unless otherwise agreed. The Seller may request
further research and tests which may incur extra costs. Such
undertakings by C.A. Ltd shall be at the Seller’s expense.
Identification and description of the Lot is a statement of
opinion by C.A. Ltd and at this point is made for the sole
purposes of informing the Seller. Until the Lot is entered for
sale, the basic description given by C.A. Ltd is not binding.
Estimates at C.A. Ltd are made for indicative purposes only and
are merely a statement of the auctioneer’s opinion, based on a
variety of factors such as the item’s market value at the time of
the sale, quality, rarity etc.
The Seller accepts that any estimate or valuation provided by
C.A. Ltd is a genuinely held opinion only and can in no way be
considered as a guarantee of the selling price or value of the
item. Estimates do not include Seller’s Commission or VAT.
C.A. Ltd shall not be held responsible if a Lot does not sell
within the range of the provided estimate and by no means can
the sale be cancelled by the Seller in such circumstances.
The Seller may place a reserve price on items offered for
auction. Reserve prices of less than £100 shall not be accepted.
Where Lots are entered on a signed contract or receipt
without reserve, the Lot may be sold to the highest bidder,
irrespective of the price achieved by the said Lot at auction.
Lots with discretionary reserves may be sold at 15% below the
1.7 Cataloguing / Marketing
A basic description of the Lot shall be made prior to
cataloguing. This basic description is for identification purposes
only and by no means is C.A. Ltd held by such assertions.
A marketing charge will be incurred on sold lots only:
Interiors & Design sales: £15 per lot
Preferential rate of £20 +VAT per lot
Marketing and any promotion of a lot(s) in any medium is at
the sole discretion at C.A. Ltd.
C.A. Ltd shall own the copyright on all images, illustrations and
written material produced by or for C.A. Ltd relating to a Lot,
including catalogue contents. The Seller shall not use the said
materials without the prior consent of C.A. Ltd.
1.8 Item withdrawal before the sale
In the event a catalogued Lot is withdrawn by the Seller prior
to the sale, a charge of £40 plus VAT or 8% of the reserve
plus VAT (whichever is greater) will be levied. C.A. Ltd may at
its entire discretion and at any time before or during the sale
withdraw a Lot consigned by the Seller for any reason it deems
reasonable, such as where disputes have arisen with respect to
questionable authenticity or attribution, or in the event of any
other claim on the Lot.
Any costs in relation to the sale that may arise, such as
Seller’s Commission, taxes, and any other costs relating to
the promotion of the Lot by C.A. Ltd or obtaining relevant
authorisations for the purposes of the sale shall be at the
Seller’s expense. C.A. Ltd may, upon the Seller’s request or prior
consent, arrange additional services such as restoration of the
item or authenticity tests. Any costs that may be incurred for
the purposes of promoting and selling the Lot shall be at the
2. DURING THE SALE
2.1 Bidding policies
C.A. Ltd shall regulate the bidding at its entire discretion.
Neither the Seller nor anyone on behalf of the Seller shall be
permitted to bid for their own Lots.
Where Lots are entered with a reserve, C.A. Ltd alone shall
have the right to bid on behalf of the Seller and up to the set
reserve price only. Bidding thereafter shall be incremented
at the auctioneer’s discretion in response to interested third
3. AFTER THE SALE
3.1 Unsold Lots
If a Lot does not sell during the auction, the Seller must collect
said Lot no later than close of business on the Friday following
C.A. Ltd does not store unsold Lots. Uncollected items shall be
sold without reserve, or prior notice. Storage of said items shall
incur storage fees at the Seller’s expense until collection by the
Seller or disposal by C.A. Ltd. Unsold or withdrawn Lots will not
be released until all outstanding charges have been settled in full.
3.2 Unsold without reserve
Should any item (estimated at £100 or under) without reserve
not attract a bid during the auction, C.A. Ltd reserves the right
to dispose of the item.
3.4 Seller’s Commission
A commission charge of 4% of the hammer price on any Lot,
plus VAT on that commission, shall be payable by the Seller to
Chiswick Auctions Ltd.
Please note a storage fee of £8 plus VAT is charged on Wine
& Spirits lots.
Subject in all cases to prior receipt of cleared funds by C.A Ltd
and subject to cancellation of the sale under condition 3.7, C.A
Ltd shall make payment by bank transfer of the proceeds of sale
within 35 days or 5 working days after receipt of the buyers full
and cleared payment (whichever is later).
Payment shall be made within the above mentioned time limit
after full payment for any outstanding amounts owed by the
seller has been made to C.A Ltd.
3.6 Loss or Damage
C.A. Ltd shall store consigned Lots on its premises.
C.A. Ltd is not authorised by the Financial Services Authority
(F.S.A.) to provide insurance to its clients and does not do
so. However, C.A. Ltd provides a Loss or Damage Liability
Warranty, therefore assuming liability for Lots consigned to it at
the lower pre-sale estimate, until title passes to the Buyer at the
fall of the hammer. A Loss and Damage Liability Warranty fee of
1.5% of the hammer price plus VAT will be charged.
The liability assumed by C.A. Ltd under the present section shall
be limited to the lower pre-sale estimate or to the set reserve
price if the Lot was unsold.
C.A. Ltd shall not be liable for loss or damage to: frames or glass
covered prints, paintings or other works OR for damage caused
by: moths, vermin, woodworm, insufficient packing, preparation
carried out by the Seller or on their behalf.
Old frames are often fragile or subject to deterioration and
whilst C.A. Ltd will do its upmost to ensure the safety and care
of frames and glass, it will not compensate for loss or damage
to property caused by changes in humidity or temperature;
normal wear and tear; gradual deterioration; or inherent defect.
Settlement in any claim arising shall be subject to commission as
if the lot had sold in the normal manner.
In the event C.A. Ltd becomes aware of any error or dispute
of any nature during or after the auction, it may entirely at its
discretion cancel the sale or reoffer and resell the Lot, whether
or not title has passed to the Buyer, and up to a period of 6
months after said sale.
Grounds for cancellation under the present section shall include
but not be limited to: any dispute relating to the attribution
or provenance of the Lot; ownership and title; fraud or deceit;
lack of relevant licences or certificates; any subsequent changes
in domestic or international legislations restricting the sale of
export of goods etc.
In the event fraud is committed, the Seller may be liable to
indemnify both the Buyer and C.A. Ltd.
By no means can the Seller cancel the sale upon the fall of the
hammer. However, the Seller must notify C.A. Ltd within 28
days of any event which may give rise to a claim failing in which
C.A. Ltd reserve the right to decline any such claim.
If C.A. Ltd has made payment for the proceeds of the sale to
the Seller prior to cancellation of the said sale, the Seller shall
make a full refund of the proceeds within 5 working days from
notification of the cancellation by C.A. Ltd.
3.8 Data protection
The Seller agrees that personal information transmitted to C.A.
Ltd may be disclosed exclusively for the purposes of business,
or as required by Law.
C.A. Ltd shall not use personal information for any other
purpose without the Buyer’s prior consent.
C.A. Ltd shall never sell, lend or trade in personal data provided
by any Party.
Whenever and to the extent that any provisions of these
terms would or might contravene the provision of any relevant
legislation, such provision is to take effect only in so far as it
may do so without contravening such legislation and the legality,
validity and enforceability of any of the remaining provisions are
not in any way to be affected or impaired as a result.
3.10 Law and Jurisdiction
The rights and obligations of the parties with respect to these
Conditions of Sale and the conduct of the auction and any
matters related to any of the foregoing shall be governed by
and interpreted in accordance with the Law of England and
For the benefit of C.A. Ltd all bidders and sellers agree that the
Courts of England are to have exclusive jurisdiction to settle all
disputes arising in connection with all aspects of all matters or
transactions to which these Conditions of Sale and Authorship
warranty relate or apply. All parties agree that C.A. Ltd shall
retain the right to bring proceedings in any court other than the
Courts of England