379
An English part dessert service, painted with different large flower sprays, the borders moulded...
Currency:GBP
Category:Everything Else / Other
Start Price:NA
NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2004 Mar 18 @ 10:30UTC+00:00 : GMT
An English part dessert service, painted with different large flower sprays, the borders moulded and gilt with entwined leaves and ribbon, comprising oval dish, oblong dish, two shell shaped dishes, two plates and a comport, pattern 5/261, registration mark for 1847, probably Coalport (comport stand missing) (7) 200/300
Auction Location:
United Kingdom
Previewing Details:
Sunday 14 March 2 pm - 5 pm; Tuesday 16 March 10 am - 8 pm (evening viewing); Mornings of Sales from 9 am
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2 Definitions
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3 General
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(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of description. Neither the Auctioneers nor the Seller are responsible for any references as to the condition of lots listed. The absence of any such reference does not imply that a lot is in good condition or free from faults or imperfections. Intending buyers must satisfy themselves by inspection prior to the sale of the condition of any lot. Attention is drawn to Clause 25.
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(d) Any claim under Statute must be received in writing by the Auctioneers within fourteen days of the day of the sale.
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8 The Auction
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Notwithstanding any other terms of these Conditions, if within fourteen days after the sale Neales has received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to Neales in the same condition as at the
time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies Neales that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. In the event of a dispute then the matter shall be settled by arbitration, the arbitrator to be nominated by the President of the Royal Institution of Chartered Surveyors. Both the buyer and the vendor agree to be bound by the decision. "Deliberate Forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, etc., and which at the date of the sale had a value materially less than it would have had if it had been in accordance with that description.
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CONDITIONS MAINLY APPLICABLE TO VENDORS
11 Warranty of Title
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12 Instructions
As Neales are Auctioneers, all goods delivered to their premises will be deemed to be delivered for sale by auction unless otherwise stated in writing. All goods will be entered in those sales which Neales consider suitable, sometimes within three days of delivery, and sold at the Auctioneers discretion. All goods are accepted by Neales subject to all their Conditions of Sale. By delivering goods to Neales for inclusion in their auction sales, each vendor acknowledges that he or she has accepted and agreed to be bound by all Neales Condition of Sale.
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Unless otherwise instructed by accompanying or previously received written notice, all goods delivered to their premises which in Neales opinion have no saleable value will be disposed of at Neales discretion either to a charity or by consignment for destruction.
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All goods are offered for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserve are received by Neales prior to the commencement of the sale. A reserve once placed by the vendor, shall not be changed without the consent of Neales. Reserves placed by telephone are accepted at the sole risk of the vendor and must be confirmed by the vendor in writing to be received by the Auctioneers prior to the commencement of the sale.
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A vendor who sends for sale by auction any chattel which is an asset of his business must disclose to the Auctioneers whether or not he is a registered person for Value Added Tax purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering works of art, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
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CONDITIONS MAINLY CONCERNING BUYERS
25 Inspection
Each buyer by making a bid for a lot acknowledges that he has satisfied himself fully before bidding, by inspection or otherwise, as to all the Conditions of Sale, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired or restored.
26 Property and Risk
Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Auctioneers shall be entitled to a lien on any lot sold until the purchase price (as defined in 29 below) is paid in full but each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer shall forthwith pay to Neales such proportion of the purchase price as the Auctioneer may require. If the buyer fails to do so, the lot may at the Auctioneer’s sole discretion be re-sold by auction or private treaty.
27 Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Neales that he acts as agent on behalf of a named principal.
28 Removal of Goods
(a) No purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by the end of the first working day (weekly non-catalogue sales) or seventh working day (catalogue sales) after the sale. The Auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a minimum warehousing charge of £1 (small items) and £2.50 (furniture and large items) per lot per day. If they are not paid for and removed within three days (weekly non-catalogue sales) or twenty-one days (catalogue sales) of the sale the Auctioneers may re-sell them by auction or privately without notice to the buyer. Any liability which they may be on the part of the Auctioneers in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot.
(b) In the event of any failure of the buyer to comply with any of the above Conditions of Sale the damages recoverable by the vendor or the Auctioneers from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses in respect of both sales, and together with interest at 10% above National Westminster Bank Plc Base Rate upon the price of any lot which has not been paid for within twenty-four hours (weekly non-catalogue sales) or seven working days (catalogue sales) of the sale. Any Money deposited in part payment shall be held by the Auctioneer on account of any liability of the defaulter to them or the vendor.
(c) Accepted methods of payment are cash, Visa, Switch or Delta debit cards, bankers draft, bank transfer, personal and company cheques, subject to the limit of guarantee. We also accept most credit cards subject to an additional charge of 2% plus VAT thereon. No charge is made for payment by debit cards. All cards must be presented in person.
29 Purchase Price and Buyers Premium
The purchaser shall pay the hammer price together with a premium of 15.0% (plus Value Added Tax on the premium) on the hammer price. By the making of a bid the buyer acknowledges that his attention has been drawn to this fact and that he assents to the Auctioneers receiving and retaining the said premium.
30 Motor Vehicles
The buyer of a ‘motor vehicle’ is responsible for complying with the provisions of the Road Traffic Act 1982 and all relevant regulations made under section 40 thereof (including the Motor Vehicles (Construction and Use) Regulations 1973) and any statutory modifications thereof.
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Every person on Neales premises at any time shall be deemed to be there at his or her own risk. They shall have no claim against Neales, its employees or agents in respect of any accident which may occur, or injury, damage or loss howsoever caused, save insofar as the injury, damage or loss shall be caused by the direct negligence of Neales' employee
32 Rights to Photographs and Illustrations
The buyer gives Neales the absolute right to use any photographs and illustrations of lots purchased at any time (whether or not in connection with the auction).