ADAM PARTRIDGE LTD
AUCTION TERMS AND CONDITIONS
A - GENERAL CONDITIONS
1. The definition
1.1Under these conditions:"the auctioneer"means the Adam Partridge Ltd representative conducting the Auction.
"The buyer"means the bidder (including a commission bidder under Condition 30) accepted by Adam Partridge Ltd by the auctioneer's gavel.
"the catalog"means any advertisement, brochure, price list or other publication relating to the Auction made on behalf of Adam Partridge Ltd. is published.
"Dangerous substances"means any natural or man-made substance capable of causing harm to living organisms supported by the environment or damaging the environment or public health or welfare.
"environmental law"means any law, regulation, code of practice, circular, guide and the like (whether in the UK or elsewhere) relating to the protection of human health or the environment or workplace conditions or the production, transport, storage, treatment or disposal of hazardous substances fabrics.
"Bills"means Adam Partridge Ltd's charges for artwork, special advertising, insurance, import, packing and freight and all other charges and VAT on such amounts.
"hammer price"means the price at which the auctioneer brings a lot to the buyer.
"Charge"means any item or item of any kind accepted by Adam Partridge Ltd for sale by Auction;
"The buying price"means the hammer price in pounds sterling together with all premiums including applicable VAT and any additional fees and expenses payable by a Defaulting Buyer in accordance with Condition 35;
"die Reserve"means the minimum hammer price set by the seller at which a lot may be sold and is subject to Condition 12;
"Sales Proceeds"means the net amount owed to the Supplier, being the Awarded Price less commission at the Price Fixings and Expenses and any other amounts due to Adam Partridge Ltd;
"the seller"means the seller or prospective seller of a Lot;
"special goods"means boats, motor vehicles, firearms and mechanical and electrical goods;
"fixed tariffs"means Adam Partridge Ltd's currently published rates of commission and VAT;
"Storage Fees"means charges made by Adam Partridge Ltd in relation to the removal, storage and transport of a Lot;
"IVA"stands for VAT.
1.2- The headings and subdivisions in the General Conditions, Seller's Conditions and Buyer's Conditions in these Conditions are for convenience only and shall not affect their interpretation.
1.3- In these terms, the singular includes the plural and the masculine includes the feminine and the neuter.
2 - General
2.1Adam Partridge Ltd acts as agent for the seller (unless expressly stated as principal) and shall not be liable for any breach by the seller or buyer.
2.2Adam Partridge Ltd has the right to refuse anyone entry to its premises or participation in its auction. All persons are admitted to Adam Partridge Ltd premises to participate in an auction on the basis of their knowledge of these terms.
2.3The copyright in all illustrations and written materials (including the catalogue) relating to each lot is owned entirely by Adam Partridge Ltd and may not be used or copied by any person without the prior written consent of Adam Partridge Ltd.
2.4Adam Partridge Ltd makes every effort to ensure that the catalog and description of the lot are correct, but Adam Partridge Ltd makes no guarantees in this regard.
2.5All statements, whether oral or in the catalogue, are expressions of opinion only and neither Adam Partridge Ltd nor its employees or agents are responsible for the accuracy of any opinion expressed. Each lot is sold by the seller with all description errors, imperfections and blemishes.
2.6Adam Partridge Ltd has the right to split any lot or combine two or more lots, refuse a bid, withdraw a lot from auction or (in the event of a dispute) re-auction a lot. The auctioneer has the right to advance the bid at its own discretion.
2.7.1– Adam Partridge Ltd shall not be liable for any damage or loss suffered by anyone on Adam Partridge Ltd premises or while attending auctions conducted by Adam Partridge Ltd other than death or personal injury caused by the negligence of Adam Partridge Ltd employees . and agents
2.7.2- Adam Partridge Ltd shall not be liable for any damage caused by the seller or buyer to any third party or their property whilst on Adam Partridge Ltd premises or any other premises from which Adam Partridge Ltd conducts auctions.
2.8- In the event of a private sale of a lot, the seller and buyer agree to be bound by these terms and any special terms of sale agreed upon.
2.9- These conditions are the only conditions applicable to the sale of a lot at an Adam Partridge Ltd. conducted auction apply.
2.10- Any notice given by Adam Partridge Ltd to a supplier, prospective supplier, consignor, prospective bidder or buyer may be hand-delivered, sent by post, airmail or fax to the last address given to Adam Partridge Ltd and shall be deemed to have been delivered. :
2.10.1- in the case of personal delivery, at the time of delivery;
2.10.2- if transmitted by fax, within 8 hours of transmission during business hours;
2.10.3- if sent by post within 48 hours of posting if sent to an address within the UK and 7 days of posting if sent to a country outside the UK.
2.11- All transactions to which the Terms apply will be governed by English law.
In the event of a dispute between Adam Partridge Ltd, the seller and the buyer in relation to the sale of a lot at an auction conducted by Adam Partridge Ltd, the matter will be referred to a single arbitrator to be agreed by the parties.
B - SELLER TERMS AND CONDITIONS
3 - Standard
Adam Partridge Ltd is not responsible to the buyer or the seller as they only act as agent for the seller and will not pay the seller until payment has been received from the buyer.
4 - Title Guarantee
4.1The seller warrants to Adam Partridge Ltd and the buyer that he is the true owner of the property or has been duly authorized by the true owner to sell the property and that he has good and marketable title to the property free from any lien, charge or claim third party can transfer. If the seller is authorized by the true owner to sell the lot, the seller must identify the owner and provide written evidence of his power of attorney, which Adam Partridge Ltd may request.
- Seller warrants Adam Partridge Ltd, its employees and agents and Buyer against any loss or damage arising out of Seller's breach of any of the foregoing.
- The seller warrants that all information provided to Adam Partridge Ltd in relation to the lot is correct to the best of its knowledge.
5 - Instructions
Since Adam Partridge Ltd. auctioneers, all Goods delivered to their premises shall be deemed to be delivered for sale by auction unless otherwise stated in writing. All lots will be included in such sales as Adam Partridge Ltd deems fit and will be sold at the auctioneer's discretion. All products are accepted by Adam Partridge Ltd according to their terms of sale. By supplying goods to Adam Partridge Ltd each supplier acknowledges that he or she has accepted all of Adam Partridge Ltd's Conditions of Sale and has accepted to be bound by them.
6 - collection
6.1Adam Partridge Ltd will not normally arrange for the collection of goods itself but may employ a contractor on behalf of the seller in his capacity as agent. Adam Partridge Ltd accepts no liability for loss of or damage to or unauthorized removal of goods or damage to premises caused by the contractor who must be insured against such risks. Unless otherwise instructed in writing, these services will be deducted from the proceeds of sale.
6.2Adam Partridge Ltd will not collect any goods for sale unless otherwise agreed and where Adam Partridge Ltd agrees to collect such goods the risk of those goods remains with the supplier.
7 - Loss or Damage
Adam Partridge Ltd accepts no liability whatsoever for loss of or damage to property unless caused by the direct negligence of its employees.
8 - Storage
8.1Adam Partridge Ltd reserves the right, at its discretion, to stock or store any Goods supplied for sale either on its own premises or at another location. Adam Partridge Ltd accepts no liability whatsoever for loss of or damage to goods delivered to its shop or other premises without adequate sales instructions unless the loss or damage is caused by the direct negligence of an Adam Partridge Ltd employee.
8.2Storage charges of £5.00 plus VAT per batch per day may apply.
9 - Unsaleable Goods
Unless otherwise specified by prior written notice attached to or received by you, any goods delivered to your premises which Adam Partridge Ltd considers to have no resale value will be disposed of either for charity or by post, at Adam Partridge Ltd's discretion to annihilation. You will be billed for this service.
10 - Right to sell
Suppliers will be charged a fee of £5.00 plus VAT per lot per day for lots left on Adam Partridge Ltd premises after the supplier has been asked to remove them. This charge applies in arrears to the date of sale and if the goods are not removed within 21 days of such request Adam Partridge Ltd reserve the right to sell the goods at its discretion without notice in order to bear any costs and expenses.
11 - Risk of Loss or Damage
11.1The seller is responsible for insuring his goods until they are picked up at Adam Partridge Ltd's premises.
- Unless otherwise agreed in writing all property on and within Adam Partridge Ltd premises is insured against fire risks, theft following forced entry and water damage but not against damage caused by changes in humidity or temperature, inherent conditions or defects. Manufacturing defects, war, nuclear radiation or radioactive contamination. The value of the goods thus covered corresponds to the gross amount realized or, in the case of unsold lots, to the reserve; in the absence of a reservation or in the case of goods withdrawn prior to sale, the value which Adam Partridge Ltd's dedicated staff, in their sole discretion, estimate to be the auction value of those goods.
- Adam Partridge Ltd shall not be liable for any accidental breakage, loss or damage unless caused directly by the negligence of its employees. In no event shall Adam Partridge Ltd be liable for damage to glass or picture frames (or stone indentation) whether forming all or part of a lot, or for any loss in value following repairable damage to a lot.
- If the seller has an insurance policy or policies in force in relation to an item supplied to Adam Partridge Ltd which expressly state that the item must be insured whether for an agreed sum or value Seller will notify its insurers and do so itself indicate Adam Partridge Ltd's interest as custodian in any such policy or policies.
12 - Reservations
12.1All lots are offered for sale at the auctioneer's discretion WITHOUT RESERVATION unless written instructions are given to Adam Partridge Ltd prior to the commencement of the sale. On request, a booking consultation will be discussed and agreed. Telephone reservations are accepted at the sole risk of the seller and must be confirmed in writing by the seller before the start of the auction for receipt by the auctioneers.
12.2All reservations are subject to the auctioneer's discretion at 10%. Items entered with non-agreed bookings will be subject to an unsold item fee - this fee is 20% of the booking with a minimum charge of £20.00 plus VAT.
13 – Special Goods and Dangerous Substances
13.1The seller of a batch containing special goods or hazardous substances warrants and undertakes to Adam Partridge Ltd that it will be dispatched to Adam Partridge Ltd or placed under the control of Adam Partridge Ltd on the date
13.1.1are safe (when used as intended) and free from defects that could result in personal injury or death; Y
13.1.2They apply with all applicable laws such as (but not limited to) the Health and Safety at Work Act 1974 and its amendments from time to time, the Health and Safety Regulations and the Dangerous Substances Regulations.
13.2The seller of a batch containing Hazardous Substances warrants and undertakes to Adam Partridge Ltd that the Hazardous Substances will be in good condition on the date the Hazardous Substances came under Adam Partridge Ltd's control.
13.2.1Seller has obtained all environmental licenses and permits required by Environmental Law; Y
13.2.2Seller has complied with all environmental laws and environmental licenses applicable to hazardous materials.
13.3Seller agrees to indemnify Adam Partridge Ltd, its employees or agents against any loss or damage suffered by any or all of them as a result of breach of any of the warranties contained in this Condition 13 or any negligence of Seller, its employees and agents
13.4The Supplier acknowledges that Adam Partridge Ltd are the Supplier's agents and for the purposes of all applicable Special Goods and Dangerous Goods legislation including but not limited to Health and Safety Laws and Regulations and the Consumer Protection Act 1987, the Supplier is acting as Consignor. and providers
13.5Adam Partridge Ltd reserve the right to charge a minimum fee of £5.00 plus VAT per item to have electrical items checked by an electrician if required.
14 - Compensation
The seller duly indemnifies Adam Partridge Ltd against all claims in relation to goods sold by Adam Partridge Ltd on behalf of the seller.
15 - Value Added Tax
The seller who auctions chattels that are part of his business property must notify the auctioneers whether he is a VAT registered person and if so, his registration number and whether he has one or not intends to apply the special regime for works of art and antiques. This information must be provided to the auctioneers upon or prior to delivery of the lot.
16 - The margin rules of the auctioneers
The Auctioneers Margin Scheme allows auctioneers to sell items at the hammer price without VAT. Under the Auctioneers Margin Scheme, an amount equal to VAT at the current rate will be added to the buyer's premium. This amount is non-refundable. The VAT portion is not shown separately on the buyer's invoice.
17 - Commission
The seller authorizes Adam Partridge Ltd to deduct commissions and expenses from the auction price at the stated rates and acknowledges the auctioneer's right to withhold the premium payable by the buyer. Seller's commission is calculated at a rate of 20% inclusive of VAT, with a minimum charge of £5.00 excluding VAT per lot.
18 - Photographs and illustrations
The seller grants Adam Partridge Ltd the full and unrestricted right to photograph and illustrate each lot and to use such photographs and illustrations and any photographs supplied by the seller at its sole discretion at any time, whether in connection with the auction or not. Adam Partridge Ltd shall have the sole discretion to reproduce all lots in the catalog at the seller's expense up to a maximum of £50.00 excluding VAT for black and white and £150.00 excluding VAT for colour.
19 - Payment of Proceeds of Sale to Seller
19.1Sales proceeds received from the buyer in cleared funds will be sent to the sellers no later than 28 days after the auction. If the buyer makes a payment more than 23 days after the auction, we will ship the sale proceeds to the sellers within 5 business days of receipt of cleared funds. The sale product is the auction price minus the commission and the costs specified in the terms and conditions. Seller waives any right to any interest that may be earned during the period from Buyer's payment until Seller's receipt of the “Net Proceeds of Sale”.
19.2Suppliers should note that notwithstanding any other provision of these Terms, Suppliers may, in certain circumstances, be held liable to Buyer in relation to disputed catalog descriptions, even if found innocent and in good faith.
19.3If the buyer does not pay the purchase price within 28 days of the auction, Adam Partridge Ltd will notify the seller who will advise Adam Partridge Ltd on the appropriate action to take and whether in Adam Partridge Ltd's opinion such action is feasible. , will endeavor to assist the seller in collecting the purchase price, but Adam Partridge Ltd is under no obligation to bring an action against the buyer on its own behalf. If Adam Partridge Ltd does not receive instructions from the supplier, or if in Adam Partridge Ltd's opinion such proposed course of action is for any reason not practicable, Adam Partridge Ltd shall be entitled to:
19.3.1agree with the buyer on the terms of payment of the purchase price;
19.3.2if applicable, terminate the sale of the lot and refund all monies paid by the buyer
19.4If, despite the buyer's failure to pay the purchase price, Adam Partridge Ltd remits the proceeds of the sale to the seller, ownership of the property shall pass to Adam Partridge Ltd.
20 - Buyer's Commission
20.1The buyer pays the auction price together with a premium of 20% of the auction price including VAT. This premium is payable by all buyers. The amount invoiced is the premium plus VAT (where VAT is due) but this VAT is normally non-refundable by the buyer. All lots purchased through ATG serviceswww.the-saleroom.comA surcharge of 4.95% plus VAT will be added to the auction price. Any lot purchased through the services ofwww.adampartridge.co.ukA surcharge of 2% plus VAT will be added to the auction price.
20.2The seller authorizes the auctioneer to deduct commissions and expenses from the auction price at specified rates and acknowledges the auctioneer's right to withhold the premium payable by the buyer.
21 - loosely withdrawn
21.1If the seller cancels his instructions to sell at any time, Adam Partridge Ltd reserves the right to charge a fee of 20% of Adam Partridge Ltd's latest estimate of the auction price of the lot or the conditional placed on the lot (if any) , plus VAT and expenses, with a minimum charge of £20.00 plus VAT.
21.2If the Lot(s) are returned, the Seller will collect and return them at its own expense on or before 2 business days after the date of return. If the seller fails to collect the lot within the specified time, the seller will be liable for storage charges of £5.00 plus VAT per lot per day retrospective to the date of collection.
21.3All legal fees, experts' fees and all other costs incurred by Adam Partridge Ltd in investigating claims relating to ownership of the property will be borne by the seller, who will reimburse Adam Partridge Ltd for all such fees and other costs for full compensation.
22 – Withdrawal from Sale
22.1If the Buyer makes a claim for the sale to be terminated on the basis of Condition 36.2 and Adam Partridge Ltd believes that such claim is justified, or Adam Partridge Ltd decides to terminate the Sale on the basis of Condition 19.3, Adam Partridge Ltd will You may end the sale. without further consultation with the seller and reimburse the buyer for any amounts already paid for the lot.
- If the seller has received money for the sale of a property and that sale is terminated as described in condition 22.1, Adam Partridge Ltd will be entitled to recover that money from the seller.
23 - Unsold Lots
23.1 - If a lot fails to sell at auction Adam Partridge Ltd will notify the seller who will arrange for it to be withdrawn from Adam Partridge Ltd the day after the auction or instruct Adam Partridge Ltd to put the lot up for sale again.
23.2 - In the event that the seller fails to collect the lot at the agreed time on the day after the auction, the seller must pay Adam Partridge Ltd the storage charges as set out in conditions 8 and 10.
24- Private sale
If after 28 days notice of an unsold lot or a withdrawn lot the seller has not collected the lot, the seller authorizes Adam Partridge Ltd to sell that lot privately and to deduct from the sale price all amounts due to Adam Partridge Ltd , but not limited to commissions of up to half of the stated fees and expenses.
25 - Postage and Packing
Adam Partridge Ltd are not a freight forwarder or packer but if you are unable to organize your own packing and courier service they are happy to help. We pack and post small items for a small administration fee and send the package using Royal Mail's dedicated delivery service for small packages and DHL for larger items. Adam Partridge Ltd accepts no liability for loss of or damage to goods; claims in this regard must be made to Royal Mail or DHL. We cannot pack or ship watches or barometers using our in-house shipping as we cannot professionally insure the movement during transit. We cannot ship guns due to strict firearm shipping laws. Check the individual requirements for posting weapons.
C - BUYER'S TERMS
26 – Inspection
26.1Buyers and prospective buyers are deemed to be satisfied, prior to bidding, by inspection or otherwise, as to (but not limited to) the physical condition (including defects) of the lot and its description in the catalogue. Buyers and prospective buyers must take into account the provisions of General Conditions 2.4 and 2.5 in relation to the descriptions of the lot in the catalogue.
26.2status reports. Any condition reports provided are opinions only and are subject to Conditions 2.4 and 2.5.
27 - The buyer
27.1Any dispute as to who the purchaser of a lot is will be settled by Adam Partridge Ltd. attached.
27.2Each bidder in an auction organized by Adam Partridge Ltd shall be deemed to be a principal unless Adam Partridge Ltd has received written confirmation prior to the start of the auction that a bidder is acting as agent for a particular principal.
28 - Buyer's Commission
The buyer pays the auction price together with a premium of 20% of the auction price, including VAT. This premium is payable by all buyers. The amount invoiced is the premium plus VAT (where VAT is due) but this VAT is normally non-refundable by the buyer.
All lots purchased through ATG serviceswww.the-saleroom.comIn addition to the buyer's premium (plus VAT), a surcharge of 4.95% of the auction price will be charged. Any lot purchased through the services ofwww.adampartridge.co.ukA surcharge of 2% plus VAT will be added to the auction price.
Buyer also acknowledges that Adam Partridge Ltd may receive a commission from Seller subject to condition 17 hereof.
29 - VAT
If the buyer has to pay VAT on the auction price, this is marked with an asterisk in the catalogue.
30 - Commission Offers
30.1- Adam Partridge Ltd will, if instructed to do so, make written offers up to a specified limit to potential buyers. The Buyer shall give all instructions relating to offers of commission by post, fax, telephone or in person to Adam Partridge Ltd's designated officer, Auctioneer, or any person authorized to accept such instructions. Neither Adam Partridge Ltd nor any of its employees or agents shall be liable for any negligence, breach or omission in connection with any commission offer or telephone offer.
30.2In the event that Adam Partridge Ltd has received offers of commission for a lot of identical value and at an auction such offers of commission are the highest bidders for the lot, subject to condition 27.1 and at Adam Partridge Ltd's absolute discretion, they will be sold to the person whose commission offer was received first.
30.3Telephone bids can be arranged on items with a minimum estimate of £200.00 and will be accepted at the auctioneer's discretion. Adam Partridge Ltd shall have no liability.
31- Title and Risk
31.1- Upon acceptance of an offer (indicated by the falling of the gavel) by Adam Partridge Ltd.
31.2.1- a contract of sale of the relevant property is made between the buyer of which Adam Partridge Ltd is not a party and shall not be held liable for any breach of which by either the seller or the buyer.
31.2.2 -The lot is at the sole risk of the buyer who promptly produces his bidder registration card or gives his full name and permanent address and Adam Partridge Ltd, if required by the auctioneer, pays that portion of the bid price forthwith. Buy. as requested by the auctioneer. Failure by the buyer to do so may (at the auctioneer's sole discretion) result in the lot being relisted and resold.
31.2.3- Legal title to the Lot shall not pass to the Buyer until the purchase price has been paid (and all monies settled) in accordance with Condition 32.3. Adam Partridge Ltd shall be entitled to a lien on any property sold until the purchase price has been paid in accordance with condition 32.3.
32 - payment
32.1- A prospective buyer must, if possible, register to bid prior to an auction and then provide Adam Partridge Ltd with their full name and permanent address and, if requested by Adam Partridge Ltd, bank or other appropriate references and proof of identity.
32.2- The purchase price must be paid to Adam Partridge Ltd no later than 48 hours after the auction.
32.3- Full payment for all lots must be made in Pounds Sterling by bank check, cash, certified cheque, debit or credit card to Adam Partridge Ltd. If the buyer chooses to pay by cheque, the lot will not be released to the buyer until the check has cleared unless arrangements have been made with Adam Partridge Ltd prior to the auction date. Credit card payments up to €200 are accepted.
32,4 -Any payment made by a Buyer to Adam Partridge Ltd may be offset by Adam Partridge Ltd or set off against any amounts owed by that Buyer to Adam Partridge Ltd in any account, notwithstanding any express or implied instruction of the Buyer or its agents.
33 - Return of Purchased Lots
33.1- The buyer may not withdraw any lot until the purchase price has been paid in full and the money settled in accordance with condition 32.3.
33.2- Subject to condition 33.1, if the buyer fails to collect (and arrange for transport at his own expense) a lot which he has purchased within 7 days of the sale then the buyer must pay Adam Partridge Ltd the storage charges.
34 - Liability for Lots Purchased
34.1- As the risk in relation to a Lot passes to the Buyer upon the winning of the bid (as provided for in Condition 22.1), the Buyer will be responsible for any loss of or damage to the Lot thereafter.
34.2- The purchaser of any property which is a "motor vehicle" is responsible for compliance with the provisions of the Road Traffic Act 1988 and any relevant regulations made under that Act (including the Motor Vehicle Construction and Use Regulations 1986) and the legal changes to the same and to ensure that any test certificates that may be required are in force.
34.3- Buyer shall be solely responsible for obtaining any export license or other certificate or agency (including but not limited to a firearms certificate) required in connection with any lot. Adam Partridge Ltd will not release lots (which are firearms) to buyers without proof of compliance with all UK Firearms Regulations.
34.4- The buyer of a lot containing hazardous materials agrees to comply with all environmental laws and the terms of any environmental licenses and permits required by environmental law applicable to hazardous materials.
35 - Non-Payment or Failure to Pay
If a Lot is not paid for in full and withdrawn in accordance with Conditions 32 and 33, Adam Partridge Ltd, acting as agent for the seller, shall be entitled, at its sole discretion, without notice to the buyer, to exercise one or more of the following remedies (without prejudice to any other rights you may have) :-
35.1- sue the buyer for damages for breach of contract;
35.2- stop selling the lot and resell the lot by auction, private contract or otherwise;
35.3- collect from Buyer all resale fees and costs (including but not limited to), any unpaid referral fees for canceled sales and the difference (if any) between the Resale Hammer Price and the Resale Hammer Price that the sale ended;
35.4- collect, store and insure the goods at the expense of the buyer;
35.5- charge interest on the purchase price, up to a maximum of 4% per month, if it remains unpaid more than 5 working days after the auction date;
35.6- hold any lot awarded to Buyer or other auction pending payment of a purchase price by Buyer;
35.7-exercise a lien on any other property owned by the Buyer owned by Adam Partridge Ltd for any purpose;
35.8- terminate the sale of this lot or any other lot awarded to the buyer at the same or any other auction;
35,9- in future auctions, refuse or ignore bids made by or on behalf of the defaulting buyer, or require a deposit before accepting any future bid from the buyer.
36 - Liability of Adam Partridge Ltd and the Seller
36.1- Neither the seller, Adam Partridge Ltd nor their employees or agents are responsible for any error in the description (oral or in a catalogue) or for the authenticity or authenticity of any lot. Adam Partridge Ltd, its employees or agents make no warranty to any Buyer in relation to any Lot and any warranties or conditions of any kind, express or implied, are excluded.
36.2- Notwithstanding any other provision of these Conditions, if within two months of the sale Adam Partridge Ltd has received written notification from the buyer of a lot that in his opinion the lot is a deliberate counterfeit and within one month of a such notice the buyer shall return the same to Adam Partridge Ltd in the same condition as it was sold at the time of sale, the sale will then be terminated and any monies paid for the lot returned. Provided the buyer has no rights under this condition if:
36.2.1- the buyer fails to convince Adam Partridge Ltd that the lot is a deliberate counterfeit based on written expert evidence;
36.2.2- the only way to establish at the date of publication of the catalog that the lot was a deliberate counterfeit was to use generally accepted scientific methods which could be used until after publication of the catalogue, or a method which was excessively expensive or impractical, or ;
36.2.3- The buyer shall not transfer good, marketable title to the lot free from third-party claims;
36.3- Any claim by a Buyer under Condition 36.2 shall be limited to the amount paid for the Lot and shall not extend to any consequential loss suffered by the Buyer as a result of the Lot being a willful counterfeit.
36.4- The benefit of this condition is non-transferable and extends only to the purchaser who is the person to whom Adam Partridge Ltd issued the original invoice in respect of the lot at the time of sale and who has held it unencumbered and unencumbered since sale. ownership of this property.
37 - Photographs and illustrations
The buyer grants Adam Partridge Ltd the full right to use his photographs and illustrations of lots at any time at Adam Partridge Ltd's sole discretion (whether in connection with the auction or not).
38 - Client Money
Adam Partridge Ltd will hold all monies belonging to either the seller or the buyer in separate designated client accounts.
39 – Royalties for the resale right
Since 14 February 2006 all professionals in the UK art market (including but not limited to auctioneers, dealers, galleries, agents and other intermediaries) have been required to collect royalties on all artworks produced by artists. This payment will only be charged for qualifying artworks sold at a hammer price in excess of the UK Pound equivalent of €1000; The British Pound equivalent will vary according to prevailing exchange rates.
It is the buyer's sole responsibility to familiarize themselves with the actual exchange rate of the euro to the pound sterling on the date of sale in this regard. The actual valuation threshold is calculated by the Artist Resale Right Service Center based on the European Central Bank reference rate published at 2:15 p.m. m. on the day of sale and can be found atwww.dacs.org.uk.
All items in this catalog marked with(D)are potentially Eligible Items and the royalty will apply if the auction price realized is greater than the UK pound equivalent of €1,000. The license fees are added to all relevant invoices and must be paid before items can be released. All royalties are paid to the Design and Artists Copyright Society ('DACS'), the auctioneer will not withhold any handling charges or additional fees in relation to these fees.
The royalty levied on qualifying items whose auction price is over the UK pound equivalent of €1,000 but under the UK pound equivalent of €50,000 is 4% of the buyer's fee. Tiered royalties apply to qualifying items sold for more than the equivalent of €50,000 in GBP; For a full list of royalties and thresholds, seewww.dacs.org.uk. There is no VAT on this license fee.
For any questions related to the Droit de Suite license fee terms, seewww.dacs.org.uk, Phone +44 (0)845 410 3410, E-Mail Addressarr@dacs.org.uk.
40 – Money Laundering Ordinance
In order to comply with money laundering regulations, no cash payments will be accepted in excess of the daily pound sterling equivalent of 10,000 EURO.