Conditions Of Business
Sellers are advised to read carefully the following Conditions of Business.
Third Party Liability
All persons on Rowley’s premises at any time are there at their own risk. They shall have no claim against Rowley’s in respect of any accident which may occur or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the negligence of Rowley’s or its employees.
Tattersalls shall not be liable for any injury, damage or loss that may be suffered by any person on Tattersalls' premises in connection with business of Rowley’s save that nothing in the condition shall be taken as excluding or restricting or as attempting to exclude or restrict Tattersalls' liability for death or personal injury resulting from negligence as defined in the Unfair Contract Terms Act 1977.
Conditions Applicable To Sellers
Sellers are advised to read carefully the following conditions of business, including any explanations of cataloguing practice, that contain the terms on which Rowley’s Fine Art Auctioneers and Valuers Limited conduct their sales and handle other related matters.
- Any item deposited with Rowley’s (hereinafter the "Lot") will be assumed to have been deposited for sale unless written instructions to the contrary are received by Rowley’s;
- Rowley’s shall have absolute discretion as to:
- the description or otherwise of any Lot in the catalogue;
- the promotion date and procedure for sale of any Lot.
- By delivery of the Lot to Rowley’s the Seller agrees to be bound by these conditions of business.
Warranties and Indemnities
- The Seller warrants to Rowley’s and to the Buyer that he has and will be able to transfer a good and marketable title to the Lot free from all liens and encumbrances;
- The Seller shall indemnify Rowley’s, its employees and agents and the Buyer against all claims made or proceedings brought by persons entitled or purporting to be entitled to ownership or possession of the Lot.
All goods will be sold without reserve unless instructions to the contrary are received by Rowley’s in writing not less than 48 hours before the auction. Instructions to be irrevocable unless otherwise agreed in writing by Rowley’s any time prior to auction.
Commission and Expenses
- The Seller authorises Rowley’s to deduct commission on the Hammer Price at the following rates:
- The Seller authorises Rowley’s to deduct commission at 15% of the Hammer Price together with VAT thereon at the standard rate.
- Rowley’s reserves the right to charge commission on unsold Lots at the rate of 5% on the highest bid together with VAT thereon at the standard rate. Rowley’s determination as to the highest bid shall be final and binding.
- The Seller accepts and acknowledges that Rowley’s may also receive commission from the purchaser.
Loss and Damage Warranty
- Unless otherwise instructed by the Seller in writing, Rowley’s will accept liability for loss of, or damage to, whether by fire, burglary, water or physical, of all items deposited with Rowley’s or with one of Rowley’s agent. Rowley’s liability is limited to the upper estimate of unsold items.
- Such liability will commence from the time the property is handed over to Rowley’s, or one of Rowley’s agents, and shall cease at the fall of the hammer. In the case of unsold lots Rowley’s liability will cease upon collection of the item by the vendor, or his/her agent, or a period of up to 28 days after the auction, whichever is the lesser.
- In the event that an unsold lot is to be re-entered in a later auction then Rowley’s will continue to accept liability as set out in clause (b).
- To justify accepting liability for property consigned to us Rowley’s make a charge of 2.5% of the manner price with a minimum charge of £3 per lot for items that sell for £100 or less. In the case of unsold items Rowley’s will continue to accept liability up to the time the item is collected by the vendor, or his/her agent, or a period of 28 days after the auction, whichever is the lesser, but will make no charge.
- If you have instructed Rowley’s that you do not wish us to accept liability the items consigned for sale will remain at your risk at all times or, if sold, until the fall of the hammer. In such circumstances you accept that Rowley’s will not be liable for any physical loss of, or damage to, the Lots.
Payment of Proceeds of Sale
- Rowley’s shall pay the proceeds of sale to the Seller not less than fourteen days and not more than twenty one days after the date of sale if Rowley’s has by then been paid the purchase price in full by the Buyer.
- If, by the due date (as determined by the agreement for sale to the Buyer), Rowley’s has not received the purchase price in full from the Buyer, then Rowley’s will pay the proceeds of sale within seven working days after the date on which the purchase price is received in full from the Buyer.
Charges for Withdrawn Lots
The Seller may not withdraw the Lot prior to the auction without the consent of Rowley’s. In the event that consent is given, a charge of 25% of the Upper Estimated Value will be made together with any expenses or charges incurred and VAT at the standard rate.
Any Lot unsold for whatever reason must be collected at the Seller's expense or instructions to re-offer the Lot received within fourteen days of receipt by the Seller of notice from Rowley’s that a Lot has not been sold. If the goods are not so collected and no written instructions received then Rowley’s may at its absolute discretion re-offer the Lot at any auction without reserve and deduct any charges or costs incurred from the proceeds or otherwise dispose of the same without liability or store at the Seller's risk and cost for up to 6 months from the date of notice to the Seller.
Sellers VAT Status
Where the Seller is a person or business registered for VAT and the Lot being sold forms part of the stock or business of that person or business then they must inform Rowley’s upon delivery and disclose their registration number and state whether the goods are to be sold under the special scheme covering works of art or not.
Photographs and Illustrations
The Seller gives to Rowley’s the full and absolute rights to photograph and illustrate any Lot consigned for sale and to use such photographs and illustrations and any photographs supplied by the Seller at any time at Rowley’s absolute discretion whether or not in connection with the auction (in catalogues, on web site and in other promotional material). The copyright of any such illustration or photograph shall remain in Rowley’s at all times.
Electrical and Mechanical Goods
A Seller who consigns electrical and mechanical goods to Rowley’s warrants and undertakes to Rowley’s and to the Buyer that at the date on which the goods are consigned to Rowley’s they are safe if used for the purpose for which they were designed and free from any defect not obvious on external inspection which could be dangerous to human life or health and will indemnify Rowley’s, its employees and agents, against any loss or damage suffered by any of them due to the breach of the above warranty and undertaking. The Seller authorises Rowley’s to extend the benefit of this warranty and undertaking in the terms of any agreement made between the Buyer and Rowley’s.
- Rowley’s can arrange through recommended transporters, packers or shippers, collection and delivery of goods consigned to sale. In this event Rowley’s shall not be liable for any loss or damage to any Lot howsoever caused.
- Rowley’s will not be responsible for any accidental breakage, loss or damage including picture frames and glass therein, howsoever caused unless directly caused by the negligence of its employees.
- In the event of sale by private treaty both the Seller and Buyer agree to be bound by these conditions of business or any other special conditions of business.
- Data Protection: Rowley’s will use information provided by its clients or obtained by Rowley’s relating to its clients for the provision of auction and art-related services, marketing and to manage and operate its business, or as required by law. Rowley’s may wish to record and video images of you and or telephone conversations for security or legal reasons or as necessary to provide a higher quality of service. Clients agree that Rowley’s may use any sensitive information that they supply to Rowley’s. Unless permitted by law, Rowley’s will not otherwise process sensitive personal data without express consent. By agreeing to these Conditions of Business, clients agree to the processing of their personal information.
Rowley’s has absolute discretion to refuse any bid, to determine the advance of the bidding, to divide or split any Lot, to combine any amount of Lots and to cancel the sale without giving any reason and without previous notice.
Each Lot is put up for sale subject to any reserve price put on it. Where there is no reserve price (but not otherwise) the Seller has the right to bid either personally or by any one person who may be the auctioneer.
Rowley’s disclaim responsibility for any default by the Seller for whom it acts as agent. Neither the seller nor any person in the employment of Rowley’s, makes or has the authority to make any representation of fact nor to give any warranty.
Rowley’s have the absolute right to refuse any person admission to it's premises or attendance to its auctions.
These Conditions of Business are governed by and shall be construed in accordance with English law and all parties concerned hereby submit to the non exclusive jurisdiction of the English courts.
In the event of a sale by private treaty both the Seller and Buyer agree to be bound by these Conditions of Business or any other special condition of business. Rowley’s hereby excludes itself from all liability, express or implied, in relation to such a sale, to the fullest extent permitted by law.
In these Conditions of Business and in any catalogue caused to be published by Rowley’s the following words and expressions have the following meanings:
- "Rowley’s" Rowley’s Fine Art Auctioneers and Valuers Limited
- "Lot" any items consigned to Rowley’s with a view to being sold by auction by Rowley’s, and in particular any item described against a Lot number in any catalogue.
- "Hammer Price" the price at which a Lot is knocked down to a Buyer.
- "Purchase Price" the Hammer Price plus premium, chargeable VAT and any additional charges and expenses due from a defaulting Buyer.
- "Forgery" a Lot made or substantially made with the intention to deceive as to authorship, origin, age, date or period which is not shown as such in the catalogue 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 catalogue description, the burden of proof of forgery upon the Buyer.