Elmwood’s Auctioneers carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. The following should be read extremely carefully before bidding.
In these Terms & Condition of sale:
(a) 'auctioneer', 'agent', 'we', 'us', etc means Elmwood's Auctioneers (which is a trading name of Samuel Hill Antiques Limited) or its authorised auctioneer or representative as appropriate;
(b) 'seller', 'vendor', 'consignor' refer to the individual, organisation or institution who is in ownership of any given item which the agent has been contracted to offer for sale;
(c) 'buyer' refers to the holder of the highest bid accepted by the auctioneer conducting the sale and shall be contractually bound to complete the purchase at this price;
(d) 'you', 'your', etc. refer to the buyer as identified in Conditions 1 (c);
(e) 'hammer price' refers to the level of bidding reached in the auction (at or above any given reserve price) at the time the auctioneer drops the hammer;
(f) 'total amount due' means the sale price for any given lot sold, together with any other premium, other additional charges payable, and Value Added Tax chargeable;
(g) ‘deliberate forgery’ means imitation goods made with the deliberate intention of deceiving as to authorship, origin, date, age, period, source, etc, but which is unequivocally described by Elmwood’s in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had it been in an accordance with the description;
(a) Elmwood’s Auctioneers, unless otherwise agreed, acts only as agent for the seller, whose identity, for reasons of confidentiality, is not normally disclosed. Any contract for the sale of property is therefore made between the buyer and the seller.
(b) The Auctioneer is dependent upon the seller for information relating to any items being sold and whilst we may inspect lots and express a general view about them, we are not normally able to undertake any in depth investigation or research in the manner which the buyer should.
(c) The seller warrants to the auctioneer and you that the seller is the 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.
3. Descriptions and Condition
(a) Whilst we seek to describe lots accurately, our employees are not professionally trained restorers or conservators, and due to the nature of the auction business it is not possible for us to carry out the sort of research which might be undertaken by professional historians or scholars.
(b) Prospective buyers are given ample opportunities to view and inspect before any sale and they must satisfy themselves as to the accuracy of any description applied to a lot. In cases of items of significant value, we strongly recommend you seek advice on such matters from independent professional advisors.
(c) Any mention of condition of lots within a catalogue entry does not constitute a full description of condition. Condition reports are available on request and will assess the condition of a lot with reasonable care and honesty.
(d) Prospective buyers bid on the understanding that, inevitably, representations or statements by us, whether in the form of a catalogue entry, condition report or other, as to authorship, genuineness, origin, date, age, provenance, condition, or estimated selling price involve matters of opinion only. We undertake that any such opinion shall be honestly and reasonably held however neither Elmwood’s nor its employees or agents, nor the vendor accept liability for the correctness of such opinions or views, and all conditions and warranties, express, implied or statutory are hereby excluded.
Any estimates, where given, are designed only as a loose guide to help buyers gauge the sort of sum of money that may be involved in purchasing any given lot. It will always be our belief that any bid within the given estimate should have a fair chance at buying any item, however estimates should not be relied on as a statement that this is the price at which the item will sell, nor should they be relied on as a valuation of the item for any other purpose.
5. Registration and Admission
(a) Bidders are required to register their particulars with us before bidding and may be asked for proof of ID, address and proof of funds, and to satisfy any security arrangements before entering the auction room to view or bid.
(b) We reserve the right at our complete discretion to refuse admission to the premises or participation in any auction and also reserve the right to refuse any bid at our complete discretion.
6. Bidding in Principal
All bidders shall be deemed to act as principals. When making a bid, a bidder