Conditions of Sale of Goods by Auction

In the following conditions the expression "the auctioneers" means Beckford Fine Art

1. The auctioneers reserve the right to fix a reserve price for any lot.

2. The auctioneers may without giving any reason refuse to accept the bidding of any person and may exclude any person from the auction room.

3. In the case of a dispute as to any bid, the auctioneers may immediately determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot.

4. No person may advance less at a bid than the sum to be named from time to time by the auctioneers.

5. Lots on which VAT is payable by the buyer are indicated in the catalogue.  VAT is payable at the rates prevailing on the day of the auction.

6. The highest bidder for each lot shall be the buyer of that lot.  The buyer shall pay commission to the auctioneers at the rate notified in respect of each lot prior to the auction plus VAT at the appropriate rate on such commission.

7. The buyer for each lot shall give in his name and address and proof of identity (if required) to the auctioneers at the sale and shall also provide such references (which may include a bank reference) as the auctioneers may require.

8. Each lot shall be at the buyer's risk from the fall of the hammer but must be paid in full before property in the goods passes to the buyer.

9. Each buyer shall pay the purchase price plus commission and VAT to the auctioneers' cashier and shall remove his purchase within seven days of the day of the sale.  No purchase may be removed during the sale or until such time as all money due from the buyer shall have been paid.

10. The buyer is liable for a reasonable storage charge per lot per day (whether or not the lot has been paid for) starting from the seventh day following the day of sale and continuing until the lot is removed or resold.

11. Upon failure by the buyer to comply with conditions 7,9 or 10 above, the auctioneers may in their discretion either hold the buyer to the contract or rescind the contract and resell the lot by public auction or private sale.  If the contract is rescinded then any money deposited in part payment shall be forfeited to the owner of the lot (he paying out of it all just expenses) and the deficiency (if any) arising upon the resale of the lot together with the expenses (plus any VAT chargeable thereon) of it shall be due as a debt from the buyer in default upon the first sale.

12. The auctioneers accept no responsibility in connection with the commissioning of their staff to bid for any lots.  Reserves and commissions given by telephone are accepted at the sender's risk and must be confirmed in writing before the date of sale and the cheque must be cleared in advance of bidding taking place.

13. Every person on the auctioneers' premises before during or after the sale shall be deemed to be there at his own risk and with notice of the condition of the premises and their contents.  Such person shall have no claim against the auctioneers in respect of any injury sustained or any accident which may occur from any cause whatsoever.

14. The auctioneers sell as agents for the seller (except where they are stated wholly or partly to own any lot as principal) and as such are not responsible for any default by seller or buyer.

15. All goods are sold with all faults and imperfections and errors of description.  Illustrations in catalogues are for general identification only.  Buyers should satisfy themselves prior to the auction as to the condition of each lot.  Any statement by the auctioneers as to the lot is a statement of opinion only and every person should rely on his own judgement as to all matters affecting the lot.

16. Neither the seller of any lot nor the auctioneers, their servants or agents is responsible for errors of description or for the authenticity of any lot or for any misstatement as to the matter affecting the lot.  Neither the seller of any lot nor the auctioneers, their servants or agents makes or gives, nor has any person in the employment of the auctioneers any authority to make or give any representation or warranty in relation to any lot and any implied conditions or warranties are excluded.

17. Notwithstanding any other terms of these conditions if, within fourteen days after the sale, the auctioneers receive from any buyer of any lot notice in writing that in his view the lot is a forgery, and within fourteen days after such notification the buyer returns it to the auctioneers in the same condition as at the time of sale and by producing evidence (the burden of proof to be upon the buyer) satisfies the auctioneers that, considered in the light of the entry in the catalogue, the lot is a forgery, and further that the buyer is able to transfer a good and marketable title to the lot free from any third party claims, then the sale of lot will be rescinded and the purchase price refunded.  The seller and the buyer agree to be bound by the auctioneers' decision.  In deciding whether or not the lot is a forgery the auctioneers shall be entitled to seek the views of any expert or other authority.

18. These conditions shall be governed by and construed in accordance with English law.  All transactions to which these conditions apply and all connected matters shall also be governed by English law.