English and Continental Antique Furniture

Terms INFORMATION FOR BUYERS The following information is intended to assist our buyers. All sales are conducted in accordance with our Conditions of Sale reproduced below. PAYMENT Successful bidders will receive an invoice by email within 2 days of the sale. You are welcome to contact us earlier than this to check the success of your bids. Payment should be forwarded as soon as possible. We accept payment in cash up to a limit of £10,000.00, as well as face-to-face credit or debit card payment. We do not accept payment by Amex. Please note that we do not accept remote card payments. We accept payments by PayPal. Payments by credit card are subject to a charge of 2% plus VAT. In addition, we accept payment by bank transfer. We accept cheques. Bank details can be found at the bottom of your invoice. All cheques must be cleared before removal of goods and this may take up to 10 working days. REMOVAL All lots are to be removed from the premises by 5pm on the Friday following the sale. Items not collected by 5pm will be removed to store. We are unable to provide a packing or carriage service but are able to provide details of recommended carriers on request. BUYERS PREMIUM Our buyers do not pay premium. ESTIMATES 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 are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive. CONDITION OF LOTS We are, primarily, the seller. Sometimes we act as an agent for the seller and this we will specifically announce. We normally carry out a detailed examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Please note carefully the exclusion of liability for the condition of lots contained in the Conditions of Sale. We, neither as a seller, nor as the auctioneers, accept any responsibility for the condition of lots. In particular, mechanical objects of any age are not guaranteed to be in working order. However, in so far as we have examined the goods and make a representation about their condition, we shall be liable for any defect, which that examination ought to have revealed to the auctioneer but which would not have been revealed to the buyer had the buyer examined the goods. Additionally, in specified circumstances, lots mis-described because they are 'deliberate forgeries' may be returned and repayment made. There is a 14 days time limit for returns. CONDITION REPORTS We may be able to assist buyers unable to view by e-mailing a condition report, but these reports are based solely on our own opinion and are for guidance only and no responsibility is accepted for their accuracy. Intending buyers are strongly encouraged to view. Condition reports cannot be prepared on day of sale. Please see our Conditions of Sale. EXPORT OF GOODS 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, eg they may contain prohibited materials such as ivory. CONDITIONS OF SALE QUINTESSENTIAL ANTIQUES LIMITED carries on business with bidders and buyers on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. 1. Definitions In these Conditions. a.'auctioneer' means the firm of QUINTESSENTIAL ANTIQUES LIMITED, 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 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 QUINTESSENTIAL ANTIQUES LIMITED accepts instruction from sellers or their agents; e.'total amount due' means the hammer price in respect of the lot sold. 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 excluding commission if such is due. 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. 2.Bidding procedures and the buyer 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. c.Bidders shall be deemed to act as principals. d.Once made no bid may be withdrawn. (2) 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. 3.Increments Bidding increments shall be at the auctioneers sole discretion. 4.The purchase price The buyer shall pay the hammer price plus VAT imposed by law. 5. Value Added Tax 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. 6. Payment (1) Immediately a lot is sold you will: a. give to us, if requested, proof of identity and b. pay to us the total amount due in cash or in such other way as is agreed by us. (2) 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. 7. Title and collection of purchases (1) 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. (2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction after which you shall be responsible for any removal, storage and insurance charges. (3) No purchase can be claimed or removed until it has been paid for. 8. Remedies for non-payment or failure to collect purchases 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 shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise all or any of the following rights and remedies: a. to proceed against you for damages for breach of contract; b. to rescind the sale of that lot and/or any other lots sold by us to you; c. 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; d. to remove, store and insure the lot at your expense and in the case of storage, either at our premises or elsewhere; e. 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; f. to retain that or any other lot sold to you until you pay the total amount due; g. to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted. h. 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 on any of your property in our possession for any purpose. 9. Third Party liability 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. 10. Commission bids 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 neglect or default in doing so or failing to do so. 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 made. 11. Warranty of title and availability The seller warrants to the auctioneer and you that the seller is a 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. 12. Agency The auctioneer may act as agent and disclaims any responsibility for default by seller or buyers. 13. Terms of sale 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. 14. Descriptions (1) Subject to the next following Condition concerning deliberate forgeries, any representation or statement by us in any catalogue as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Prospective buyers are given ample opportunities to view and inspect before any sale and prospective buyers must satisfy themselves as to all such maters. Neither the auctioneer nor its employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, express, implied or statutory are hereby excluded. (2) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation. 15. Forgeries Notwithstanding the preceding Condition, any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 10 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 buyers premium (but no the amount of any consequential loss, damages, expenses or interest) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. General 16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. 17. Any indemnity or exclusion under these Conditions shall extend to all actions, costs, expenses, claims and demands whatsoever suffered or incurred by the person entitled to the benefit of it and the auctioneer declares itself to be a trustee of the benefit of every such clause so far as it is expressed to be for the benefit of its employees and agents. 18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail 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 at the commencement of the catalogue. 20. Any indulgence extended to bidders or buyers 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.