The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our new bidding platforms. All sales are conducted on our printed Conditions of Sale which are readily available for inspection and on our website. Our staff will be happy to help you if there is anything you do not fully understand.
As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller.
Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price and certainly will not be below it. Estimates do not include the Buyer's Premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive.
The Buyer shall pay the hammer price together with a premium. Buyer’s premium is at 26% (plus VAT) below 500,000. At 500,000 or above, it becomes 20% (plus VAT).
The addition of (*) or (VAT applied on hammer price) to the lot description indicates that VAT is payable by the purchaser at the standard rate, presently 20%, on the hammer price as well as being payable on the buyer’s premium. This imposition of VAT is likely to be because the seller is registered for VAT within the European Union and is not operating the Dealers Margin Scheme or because VAT is due at 20% on importation into the UK. Lots which appear without either of the above symbols indicate that no VAT is payable on the hammer price. This is because such lots are sold using the Auctioneers’ Margin Scheme and it should be noted that the VAT included within the premium is not recoverable as input tax.
We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them we are normally unable to carry out a detailed or any examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots in which they may be interested. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. Neither the seller nor we, as the auctioneers, accept any responsibility for their condition. In particular, mechanical objects of any age are not guaranteed to be in working order. Additionally, in specified circumstances lots misdescribed because they are 'deliberate forgeries' may be returned and repayment made. There is a 3 week time limit. (The expression 'deliberate forgery' is defined in our Conditions of Sale)
These are sold as 'antiques' only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first.
Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character because, e.g. they may contain prohibited materials such as ivory. Ask us if you need help.
Bidders may be required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification will be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding.
Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone, fax or email. It may not be possible to execute bids left on the day of the sale itself.
Live online bidding is now available for most of our auctions via auctions.bennettanddykes.co.uk. To bid online you need to register at auctions.bennettanddykes.co.uk. In completing the bidder registration on auctions.bennettanddykes.co.uk and providing your credit card details and unless alternative arrangements are agreed with Bennett & Dykes Ltd, you:
(a) authorise Bennett & Dykes Ltd, 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 bid.bennettanddykes.co.uk, and
(b) confirm that you are authorised to provide these credit card details to Bennett & Dykes Ltd through auctions.bennettanddykes.co.uk and agree that Bennett & Dykes Ltd are entitled to permit the shipping of the goods to the card holder name and card holder address provided in fulfilment of the sale.
As a general rule any cheques tendered will need to be cleared before removal of the goods is permitted. Please discuss with our Office in advance of the sale if other methods of payment are envisaged (except cash).
Please note what the Conditions of Sale state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges.
In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. Similarly, the words 'we', 'us', etc. refer to the Auctioneers.
(a)Commission for sellers is 15% plus VAT on each lot sold, up to ￡9999. The commission figure will be reduced to 10% plus VAT on each lot realising ￡10,000 and above.
(b)A fee of ￡15 plus VAT will be charged on each lot, whether the lot is sold or unsold. This is in addition to seller’s commission.
The cost of any illustration is borne by the seller. If a lot is illustrated in a catalogue a charge of between ￡20-60 per illustration is applicable, dependent on size.
For example a quarter page illustration is charged at ￡20, a half page is ￡40, and a three quarter/full page is ￡60.
The copyright in respect of such illustrations shall be the property of the auctioneers, as is the text of the catalogue.
Our insurance charge is 1.5% of the hammer price plus VAT. If the lot is unsold, the insurance charge will be set at 1.5% of the reserve figure plus VAT.
a) Bennett and Dykes will provide a free standard examination of the seller's lot which does not include tests or in-depth investigation. Bennett and Dykes may recommend further research and tests which may incur extra costs. Such undertakings by Bennett and Dykes shall be at the seller's expense. Identification and description of the lot is a statement of opinion by Bennett and Dykes and is made for the purposes of the seller. Until the lot is entered for sale, the basic description given by Bennett and Dykes is not binding.
(b) Estimates. Estimates 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 Bennett and Dykes 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. Bennett and Dykes 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
If a seller specifically agrees to ‘auctioneers discretion' on a reserve, we are then able to sell at 10% below the reserve figure, unless there are further bids.
Prior to the auction you are entitled to place a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable, and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. If we are unable to offer goods, they may be subject to storage charges if uncollected. A reserve once set cannot be changed except with our consent and confirmed by you in writing. Where a reserve has been placed only, we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally.
These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense
The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense. The rights of disposal referred to in clauses 8 and 9 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule I, a copy of which i is available for inspection on request
Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances, responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale, and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery or where we are or ought to have been aware of it.
Unsold lots will automatically be re-offered in the next appropriate live or online auction with the reserve reduced by 25% , unless the seller arranges to collect promptly. If the revised low estimate is ￡300 or less it will be offered without reserve.
Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed.
Otherwise, storage charges may be incurred. Minimum storage charge is ￡10 per item per day. Unsold lots are subject to the same charges if not collected within ten working days of notification. If they are not removed within twenty-one days, we reserve the right to sell them and defray charges from any net proceeds of sale, or at your expense to consign them to the local authority for disposal.
Please note that any lot that is withdrawn by the seller after it has been consigned and agreed for auction is liable to incur a charge of up to 10% plus VAT of the agreed reserve figure.
You agree that all goods will be sold according to our Conditions of Sale. You undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking.
(a) You authorise us to deduct commission from the hammer price at the stated rate plus all applicable expenses incurred on your account and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.
(b) You authorise us at our discretion to negotiate a sale by private treaty in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply.
We disclaim all liability for goods delivered to our saleroom without sufficient written sale instructions, client contact details or without our prior written agreement to take delivery and reserve the right to either refuse to receive such goods or to make a minimum warehousing charge of £10 per item per day. Unsold lots are subject to the same charges if you do not remove them within 10 working days of notification. If not removed within twenty-one days we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.
Settlement of the net sum due to you normally takes place 28 working days after the sale (by bank transfer to the seller) unless the buyer has not paid for the goods. In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 10 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 28 days from the date of sale.
In these Conditions:
(a) 'auctioneer' means Bennett & Dykes Ltd or its authorised auctioneer, as appropriate;
(b) 'deliberate forgery' means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description;
(c) 'hammer price' means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) 'terms of consignment' means the stipulated terms and rates of commission on which Bennett & Dykes Ltd accepts instructions from sellers or their agents;
(e) 'total amount due' means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) 'sale proceeds' means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising.
(g) ''You', 'Your', etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
(a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
(b) the maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
(c) Bidders shall be deemed to act as principals.
(d) Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
Bidding increments shall be at the auctioneer's sole discretion.
The buyer shall pay the hammer price together with a premium. Buyer’s premium is at 26% (plus VAT) below 500,000. At 500,000 or above, it becomes 20% (plus VAT)
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant lots. (Please refer to 'Information for Buyers' for a brief explanation of the VAT position).
(a) Immediately a lot is sold you will:
(i) give to us, if requested, proof of identity, and
(ii) pay to us the total amount due in pounds sterling.
(b) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
(a) The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
(b) You shall at your own risk and expense collect any lots that you have purchased and paid for from our premises not later than 3 working days following the day of the auction or upon the clearance of any cheque used for payment (if later) after which you shall be responsible for any collection, storage and insurance charges.
(c) No purchase may be collected and we shall not release any lot to you or your agent until it has been paid for.
(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 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 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.
All members of the public on our premises are there at their own risk and must note the layout of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made.
The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims.
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
The seller acknowledges that lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the lot
(a) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This Condition is subject to the next following Condition concerning deliberate forgeries and applies save as provided for in paragraph 6 'information to buyers'.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
Notwithstanding the preceding Condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer's premium.
This will not apply provided that:
1) The catalogue description reflected the accepted view of scholars and experts as at the date of the sale;
or 2) if you personally are not able to transfer a good and marketable title to us.
In either of these cases you will have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
17. (a) Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate.(b) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail or email in which case it shall be deemed to have been received by the addressee 48 hours after posting.
19. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue.
20. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
21. English law applies to the interpretation of these Conditions