NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Jun 12 @ 03:00UTC-8 : PST/AKDT
Hawkes and Son 'Excelsior Sonorous' Class A silver alto saxophone and case Est:£50/80
Auction Location:
United Kingdom
Previewing Details:
Tuesday June 11th from 9.30 a.m. to 5.00 p.m. & morning of sale from 9 a.m.
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
Methods of Payment: Payment may be by cash or cheque accompanied by a current cheque guarantee card only up to the limit shown on the card. Credit and debit cards are now accepted. N.B. There is a 1.5% surcharge for credit card payments.
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Unless prior arrangements have been made, in the case of payment by a cheque unsupported by a cheque guarantee card, goods will not be released until the cheque has cleared.
CONDITIONS OF SALE
GENERAL
1) Definitions. In these Conditions Warner Auctions Ltd, who act only as Auctioneers and agents for the vendor, are called ‘The Auctioneers’ and the representative of Warner Auctions Ltd is called ‘The Auctioneer’.
2) The Auctioneers carry on business (whether with actual or prospective buyers and sellers or consignors requiring inspection, appraisal or valuation of property or persons reading catalogues or otherwise) on the following terms and conditions and on such other terms conditions and notices as may be set out in any relevant catalogue.
3) Third Party Liability. Every person on Warner Auctions’ premises or on their designated saleroom premises at any time shall be deemed to be there at his own risk. He shall have no claim against Warner Auctions Ltd 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 Warner Auctions’ employees.
4) Catalogue. Whilst the Auctioneers make every effort to ensure the accuracy of their catalogue and the description of any lot:
(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 descriptions.
(b) The Auctioneers do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(c) All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Warner Auctions Ltd, unless they have been instructed in writing by the vendors so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.
(d)Buyers should satisfy themselves prior to the auction as to the condition of each lot, and every person should rely on his own judgement as to all matters affecting the lot.
(e) Illustrations in catalogues are for general identification only.
(f)Any claim under any Statute must be received in writing by the Auctioneer within ten days of the day of sale.
(g) Lots on which VAT is payable by the buyer are indicated in the catalogue or announced at time of sale. VAT is payable at the rates prevailing on the day of the auction
5) Registration. Any person intending to bid for any lot shall give his name and address and proof of identity to the Auctioneers prior to bidding and shall advise the Auctioneers of his intended method of payment according to the terms and conditions of payment (see 26 below). Any intending purchaser shall appraise themselves of the Auctioneers’ terms regarding payment prior to sale.
6) The Auction.
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at the Auctioneer’s discretion.
(b) The highest bidder shall be the buyer except in the case of a dispute. If during the auction the Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid.
(c) Each lot is put up for sale subject to any reserve price placed by the vendor or the Auctioneer. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot, or listed elsewhere.
7) Recission. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale the Auctioneers have 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 the Auctioneers in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies the Auctioneers 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. The seller and the buyer agree to be bound by the Auctioneers’ decision. In deciding whether or not the lot is a forgery the Auctioneers shall be entitled to seek the views of any expert or other authority.
8) Default. The Auctioneers disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith.
9) Private Treaty. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.
VENDOR’S CONDITIONS
10) Instructions. As Warner Auctions Ltd are auctioneers, all goods delivered to Warner Auctions’ premises or their designated saleroom premises will be deemed to be delivered for sale by Auction unless otherwise stated in writing and will be catalogued and sold at the Auctioneers’ discretion and accepted by the Auctioneers subject to all the Sale Conditions. By delivering the goods to the Auctioneers for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these conditions.
11) Collections. The Auctioneers do not themselves usually undertake the collection of goods but will, if required in writing, instruct a contractor on the vendor’s behalf in their capacity as agents. The Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be normally deducted from the proceeds of sale.
12) Loss or Damage. The Auctioneers disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
13) Storage. The Auctioneers reserve the right to store or arrange for the storage of goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their salerooms without sufficient sale instructions and reserve the right to make a minimum storage charge at 50p per lot per day for such goods (unless the loss or damage is caused by the negligence of their employees).
14) Right to Sell. Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within twenty-one days of such request the Auctioneers reserve the right to sell the goods to defray costs and storage charges.
15) Insurance.
(a) Unless otherwise instructed in writing all goods on the Auctioneers’ premises and in their custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage or damage) for which insurance the Auctioneers will charge a premium of £1 per £100 (minimum 10p). The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the best bid, or in the case of no bid or goods withdrawn prior to sale that which the specialised staff of the Auctioneers shall in their absolute discretion estimate to be the auction value of such goods.
(b) The Auctioneers shall not be responsible for damage to or the loss, theft or destruction of goods not so insured upon the owner’s written instructions.
(c) The Auctioneers shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees.
(d) In respect of any article delivered to the Auctioneers if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note the Auctioneers’ interest as bailees in such policy or policies.
16) Reserves.
(a) All goods are put up for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserves are received by the Auctioneers prior to the commencement of the sale.
(b) In the event of any reserve price not being reached at auction the Auctioneers are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on the premises or designated saleroom premises of the Auctioneers. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.
(c) Reserves given by telephone are accepted at senders’ risk and must be confirmed in writing before the date of sale.
17) Withdrawal Charges. A minimum of 6% of the reserve price will be charged on any lot withdrawn after cataloguing. In the case of lots withdrawn prior to salel where no reserve has been set, charges will be based on the Auctioneers’ estimate of what in their absolute discretion to be the auction value of such goods. Goods withdrawn prior to cataloguing may incur charges for insurance only (See item 15 in these Conditions of Sale), however the Auctioneers reserve the right to charge a suitable fee for any work, photography, advertising or otherwise which they have carried out or contracted.
18) Indemnity. The vendor shall duly indemnify the Auctioneers against any claims in connection with any goods sold by the Auctioneers on the vendor’s behalf.
19) Value Added Tax. A vendor who sends for sale by auction any chattel(s) which is an asset of business must disclose to the Auctioneer 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 goods.
20) Charges. The vendor authorises the Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneer’s right to retain any premium payable by the purchaser.
21) Rights to Photographs and Illustrations. The vendor gives the Auctioneer full and absolute right to photograph and illustrate any lot placed in its hands for sale and to make suitable charge for such photographs if used in advertising or catalogues. The vendor also gives the Auctioneer full and absolute right to use such photographs and illustrations and any photographs provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction).
BUYERS CONDITIONS
22) Inspection. Each buyer by making a bid for a lot, whether in person, in writing, on the telephone or howsoever, acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, 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.
23) 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 until the purchase price (as defined in 26 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 do to so by the auctioneer shall forthwith pay to the Auctioneers 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 put up again and re-sold.
24) Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by the Auctioneers that he acts as agent on behalf of a named principal.
25) Commission Bids. Commission bids will be taken by the Auctioneers entirely at the risk of the bidder and will only be accepted provided the purchaser has viewed the lot or lots in question and that their signed instruction is received by the Auctioneers at least one hour prior to the start of the sale. Commission bidders are required to contact the Auctioneers immediately after the sale and any purchases are subject to the same terms for payment and collection as laid down in the Conditions of Sale.
26) Telephone Bids. The Auctioneers will only extend a telephone bidding service on lots expected to realise in the region of £1000 or over and the undertaking is entirely at the risk of the intending telephone bidder. Bids will only be accepted over the telephone provided the purchaser has viewed the lot or lots in question. A charge may be made at the Auctioneers’ discretion for the telephone bidding service. Lots purchased on the telephone are subject to the same terms for payment and collection as laid down in the Conditions of Sale.
27) Purchase Price. The purchaser shall pay the hammer price together with a premium of 10% of the hammer price (adjusted for VAT as necessary). The premium attracts VAT at the standard rate and is payable by all purchasers.
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 5.30 p.m. on the day of sale, failing which the Auctioneer 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 50p per lot per day. If they are not paid for and removed within seven days of the sale the Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Auctioneer 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 buyers to comply with any of the above conditions the damages recoverable by the seller 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 2% above Barclays Bank plc Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by the Auctioneers on account of any liability of the defaulter to them or to the seller.
(c) Payment may be by cash or cheque accompanied by a current cheque guarantee card only up to the limit shown on the card or by certain credit or debit cards specified by the Auctioneer at point and time of sale. In the case of payment by a cheque unsupported by a cheque guarantee card, goods will not be released until the cheque has cleared.
28) Health and Safety (1). It is expressly brought to the buyer’s attention that at the time of sale any items of plant, machinery or equipment contained in the lot(s) may not necessarily comply with the Health and Safety at Work Etc. Act 1974 or any Act or Regulations thereunder governing the use of that plant, machinery or equipment in a working environment. Successful buyers of any plant, machinery or equipment are hereby required to ensure that the use of any such items at a place of work within the United Kingdom does not contravene any such Act or Regulation applicable to such use.
29) Health and Safety (2). It is expressly brought to the attention of buyers (successful or otherwise) that certain types of plant, or main service installations, could contain blue and white asbestos, dangerous chemicals etc. which if not handled correctly during their removal from the site could be in breach of the Health and Safety at Work Etc. Act 1974 Section 2-9, or other current legislation regulating the use of such substances in a working environment.
Revised November 6th 2001