TERMS OF CONSIGNMENT FOR SELLERS
These terms apply to Rosebery Fine Art Ltd trading as Roseberys and Roseberys London.
1. Interpretation. 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.
2. Commission and Entry Fee
(a) Entry Fee: A charge of £20 is made to each lot sold in addition to vendor’s commission. This charge covers our specialist research, catalogue description, website illustration, marketing on our website and other third party sites as well as live or timed bidding on various internet platforms.
(b) Vendors Commission: Is charged on each lot at 15%.
3. Catalogue Illustration Fee. The cost of any illustrations is borne by you. Lots may be illustrated in a catalogue and thus a charge of between £20-60 per illustration is applicable, dependent on size. For example a quarter page illustration £20, half page £40, three quarter/full page £60. The copyright in respect of such illustrations shall be the property of the auctioneers, as is the text of the catalogue; any persons to be found to have reproduced such illustrations or text without prior written approval will be deemed as being in breach of copyright law and appropriate legal action may be taken.
4. Loss and Damage of Goods
(a) Roseberys is not authorised by the FSA to provide insurance to its clients, and does not so do. However Roseberys, for its own protection, assumes liability for property consigned to it at the lower pre-sale estimate until title passes to the buyer. To justify accepting liability, Roseberys makes a charge of 1.75% of the hammer price plus VAT. The liability assumed by Roseberys shall be limited to the lower pre-sale estimate or to the reserve if the lot was unsold. Settlement in any claim arising shall be subject to commission as if the lot had sold in the normal manner.
(b) If the owner of goods consigned instructs us in writing not to take such action, the goods then remain entirely at the owner’s risk unless and until the property in them passes to the Buyer or they are collected by or on behalf of the owner, and clause 4(a) is inapplicable.
(c) Roseberys will not be liable for the loss or damage to frames or glass covering prints, paintings or other works. Old frames are often fragile or subject to deterioration and whilst Roseberys will do their upmost to ensure the safety and care of
frames and glass we will not compensate for loss or damage to property caused by changes in humidity or temperature, normal wear and tear, gradual deterioration, inherent defect or errors in processing.
5. Removal Costs. Items for sale must be consigned to the sale room by any stated deadline and at your expense. We may be able to assist you with this process but any liability incurred to a carrier for haulage charges is solely your responsibility.
6. Minimum Bids and our Discretion. Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 7. We may sell Lots below the reserve provided we account to you for the same sale proceeds that you would have received had the reserve been the hammer price. If you specifically give us a “discretion” we may accept a bid of up to approximately 15% below the low estimate and “wide discretion” allows to use accept a bid of up to approximately 30% below the low estimate.
7. Reserves
(a) 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.
(b) A reserve once set cannot be changed except with our consent, and confirmed by you in writing.
(c) 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.
8. Electrical Items. 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.
9. Soft Furnishings. 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 clause 8 and 9 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request
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