Terms of Business

For the purpose of the following:

• The Company, Pretty & Ellis (Auctions) Ltd trades as Amersham Auction Rooms and is referred to as the Auctioneer(s)
• The Seller is the person instructing the Auctioneers to sell goods by Auction
• The Buyer is the person who has acquired goods at an Auction
• Every auction, these Conditions of Engagement, the Glossary of Certain Terms and Conditions of Sale shall be governed by and construed in accordance with English Law and are subject to the jurisdiction of the English Courts

Terms & Conditions of Engagement

1. In addition to the following, the Auctioneers’ Terms & Conditions for buying are also published on this website: and Sellers are considered to have had notice of these, together with the Terms & Conditions of Engagement and have agreed acceptance of the same, where applicable, when requesting the entry of goods for sale
   These have been designed to protect all parties concerned but in the event of any doubt as to their interpretation, please contact one of the Directors who will assist in clarifying any queries or misunderstandings
2. Upon receipt of the completed Entry Form, the Seller will be notified of the appropriate auction date(s) with delivery instructions (where applicable). Subsequently altered instructions are at the Seller’s risk unless confirmed in writing
3. When instructed, the Auctioneers will arrange collection and delivery by Clarks of Amersham, an independent firm of acknowledged ability and integrity, whose charges will be deducted from the proceeds of sale, unless otherwise agreed in writing beforehand
   When requested, the Auctioneers will obtain an estimate of Clarks’ charges or alternatively, prospective sellers may contact them direct on 01494 774186 or via their website www.bluelorry.com but it is essential, when the Seller obtains the quote, that the cost be noted on the application form at the time of submission
4. The Auctioneers reserve the right to catalogue goods as they see fit, determine in which Auction(s) these shall be included (i.e. General or Specialist) and refuse any lots considered to be unsalable or of negligible value: and shall not be held responsible for any expenses or loss, thereby incurred. Nor shall they be liable in respect of any loss or expenses due to the postponement or cancellation of an auction(s)
5. Sellers do not incur storage charges for goods held at Amersham Auction Rooms, pending sale
6. The seller will receive an emailed Pre-auction Advice, prior to the relevant auction(s) confirming allocated lot numbers, a full description of each item and where applicable, agreed reserves/estimates.
7. The Auctioneers act as agents only and do not hold themselves responsible for any default on the part of the Sellers or Buyers. Furthermore, the Auctioneers give notice that they are not liable for faults or imperfections found with any lot, nor for any errors of description, made innocently or otherwise, by the Seller, themselves, or their contractors
8. The Auctioneers give notice that when consigning electrical or mechanical goods for auction, Sellers understand that these are neither tested, guaranteed nor warranted to be in working order or suitable for purpose. As they may not conform to current Health & Safety regulations, they are offered as Works of Art/Antiques or for Display/Historical Purposes only
   In all cases, plugs and sometimes also the cables, will be removed and the lots will be labelled accordingly but the Auctioneers do not undertake to return these to Sellers or re-instate to original condition, those appliances which are unsold or withdrawn prior to auction
   Notwithstanding the foregoing the Auctioneers reserve the right to employ a suitably qualified electrician to undertake PAT testing of ‘white goods’ and televisions and the Seller agrees to bear that cost, together with any subsequent disposal expenses in the event that the lot in question fails to pass. An estimate of that cost will be provided upon request
9. The Auctioneers give notice to Sellers that second-hand upholstered furnishings are offered subject to strict regulations. Items manufactured since 1988 must carry appropriate Fire Safety labels and all that do not are offered for Non Domestic Use, Display/Research purposes only. Items manufactured before 1950 are exempted from the foregoing regulations and are offered as ‘antiques’
   Notwithstanding the foregoing, the Auctioneers reserve the right to reject goods in this category where they deem it inappropriate to offer them for sale and the Seller shall be responsible for the costs of removing the same when this occurs
10. The Seller shall indemnify the Auctioneers against any claims in connection with goods sold on the Seller’s instructions
11. The Auctioneers are not authorised by the FCA to sell insurance to its clients and does not do so: but, for mutual protection, unless otherwise instructed, in writing, all goods on their premises and in their custody will be held insured by the Auctioneers against the risks of fire, burglary and water damage (but not accidental damage or breakage). The value of goods so covered shall be the gross amount realised or in the case of unsold lots, the best bid or the reserve price when the latter has been fixed or the Auctioneers’ assessment of value, as appropriate. In the case of any dispute, the Auctioneers’ decision shall be final
12. The Auctioneers disclaim responsibility for all loss or damage to goods or for unauthorised removal of the same, unless proven to be directly as a result of negligence on their part or one of their contractors
13. The Auctioneers use best endeavours to protect picture, mirror and other frames but often due to the fragile and unstable nature of such objects, they are susceptible to damage when handled; and notwithstanding the foregoing, they shall not be liable (nor does their insurance cover), damage to the same, however sustained
14. Seller’s commission is charged on the hammer price at the rate of 15% plus 1% for insurance cover, the latter subject to minimum of £1 and a Lotting Fee of £4.50 per lot. This comprises all charges except removal, storage, PAT testing, illustration and advertising (where applicable). The Auctioneers reserve the right to collect the appropriate Lotting Fee with the entry form
15. Unsold lots, which shall include lots offered subject to estimates or reserves – where the reserve or estimate has been specifically agreed with the auctioneers – will attract a Lotting Fee and the insurance charge. In all other cases, the charge is based upon 10% of the Seller’s reserve or mid estimate, plus the Lotting Fee and the insurance charge.
    Goods re-offered at any subsequent auction(s) will be subject to further lotting fees and insurance charges
16. Goods consigned for sale and withdrawn prior to Auction, will attract a charge based upon 30% of the reserve/the mid estimate/a valuation provided by the Auctioneers or the highest registered absentee bid, whichever shall be the higher figure, (which shall be binding on the Seller) – subject to a minimum of £30 per lot, plus the Lotting Fee and insurance charge
17. Sellers, whose goods remain at the Auction Rooms, after notice has been given for removal of the same, will be charged £1 per lot per day but goods may alternatively be removed by Clarks of Amersham to their store. The costs of which shall be borne by the Seller. Continued failure to collect may result in goods being sold without further notice, without reserve, to recover costs. Goods will not be released until all charges (including agreed expenses) have been paid with cleared funds
18. Payment (without interest) will usually be made to the Seller approximately 14 days following the Auction, after the deduction of premium, commission, VAT and expenses (where applicable): but the Auctioneers shall not be liable for payment to the Seller until they themselves receive full payment from the Buyer
19. The Seller shall not be entitled to receive any levy due under Artists Resale Rights (Droite de Suite) legislation. For details refer to www.dacs.org.uk.
    For additional information, please refer to Clause 24 in the Auctioneer’s Terms & Conditions for buying
20. Buyers are afforded limited rights to return goods which have been proven to be and accepted as deliberate forgeries and Sellers shall be bound by the same in all respects (see Clause 21 below)
21. Notwithstanding any other terms in the Conditions of Sale/Glossary of certain Terms & Conditions, if within seven days of an Auction, a Buyer gives notice in writing to the Auctioneers, that in his/her opinion a particular lot (this shall not apply to books and other printed material, militaria and associated items) is a deliberate forgery, as defined below and within fourteen days after such written notice, returns the lot to the Auctioneers, in the same condition as it was at the time of the Auction – and by producing evidence, the burden of proof to be upon the Buyer (as are any incidental costs incurred providing such proof, together with any packing, carriage and associated expenses) satisfies the Auctioneers that the lot is a deliberate forgery, then the Auctioneers are authorised to and will rescind the transaction and refund purchase monies received by them. This benefit is not assignable
    In the context of this guarantee, a ‘deliberate forgery’ means a lot made with an intention to deceive, when considered in the light of the catalogue entry and at the date of the Auction had a value substantially less than it would have had, had it been in accordance with the description. However, there will be no right where the description in the catalogue at the time of the Auction was in accordance with the then general opinion of experts or it fairly indicated there to be a conflict of opinion. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority considered by them to be reliable
22. The Seller may place reserves on lots (minimum £50) but unless instructed to the contrary, all lots will be sold without reserve. Any lot failing to reach a reserve may be sold after the Auction by the Auctioneers, without reference to the Seller, at or above the reserve, subject to the same Terms & Conditions as set out herein
23. The Auctioneers reserve the right to dispose of all unsold lots which they consider to be of negligible re-sale value, including any that have not attracted a minimum bid of £20 and at the Seller’s expense
24. The copyright to all photographs and other promotional material, however published by the Auctioneers, shall remain their property, unless otherwise previously and specifically agreed and confirmed in writing

VAT (as applicable) will be levied on all fees, charges and expenses at the prevailing rate