NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Dec 06 @ 03:00UTC-8 : PST/AKDT
JOHN DUNCAN FERGUSSON
R.B.A (1874-1961)
THE FORTH NEAR EDINBURGH, EVENING
Oil on board
14.5cm x 12cm (5.5in x 4.5in)
Exhibited: The Scottish Colourists, Festival Exhibition, 1997
£2,000-3,000
Auction Location:
United Kingdom
Additional Fees:
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General Notices and Conditions of Sale -
<p>1. This Notice and Conditions of Sale apply to all sales including sales by private treaty.
<p>1.2. Unless otherwise stated a premium at the rate of 18% of the hammer price of each lot sold up to the first £30,000 and 12% thereafter (together with any Value Added Tax chargeable thereon) is payable by the buyer to Lyon and Turnbull Ltd. for their own retention and will not be waived.
<p>1.3. While every care has been taken by Lyon & Turnbull in the preparation of this catalogue, any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement or representation of fact. Lyon & Turnbull reserve the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.
<p>1.4. A licence from the Department of Trade is required before items of certain kinds can be exported from the United Kingdom (in such event an application can be made by Lyon & Turnbull on the buyer's behalf).
<p>1.5. Lyon & Turnbull for themselves and for the seller of each lot give notice to intending buyers that certain terms used in descriptions of lots contained in Lyon & Turnbull's catalogues have the meanings ascribed to them in any notice in the printed catalogue.
<p>1.6. Lyon & Turnbull reserve the right at their absolute discretion to refuse admission to their premises or attendance at their sales, without giving any reason therefore.
<p>- Conditions of Sale -
<p>1. Definitions In these Conditions: "Lyon & Turnbull" means Lyon and Turnbull Ltd.; "the hammer price" means the price at which any lot is knocked down to the buyer; "the premium" means the premium payable by the buyer under Condition 3.5 below; "the aggregate price" means the aggregate of the hammer price and the premium and any Value Added Tax chargeable on the hammer price and the premium; "total amount due" means the aggregate price together with any additional charges and expenses due from a defaulting buyer under Condition 4.2.
<p>2. Conduct of the Sale
<p>2.1. The seller of any lot shall be entitled to place a reserve on such lot, provided that notice of such reserve has been received by Lyon & Turnbull prior to the sale. Neither the seller on his own behalf, nor any other person on the seller's behalf except the auctioneer, may make any bid in respect of lots of which the seller is the owner.
<p>2.2. The auctioneer has the right to advance the bidding at his absolute discretion, divide any lot, combine any two or more lots, withdraw any lots from the sale and vary the order in which lots are offered for sale without in any case giving previous notice or any reason therefore.
<p>2.3. Lyon & Turnbull act as agents only, except: (i) in respect of any obligation to repurchase under Condition 6; or (ii)in respect of their retention of the premium and any sums payable under Condition 4.2.
<p>Lyon & Turnbull shall be under no obligation to account to the seller of any lot for sums due in respect thereof until payment for the lot bought has been made by the buyer to Lyon & Turnbull as required by Condition 4.1.
<p>2.4. Lyon & Turnbull accept no responsibility to anyone in connection with the commissioning by intending buyers of any of their employees to bid for lots on behalf of such intending buyers.
<p>3. Purchase, risk, title and aggregate price
<p>3.1. The highest bidder acceptable to the auctioneer prior to the fall of the hammer shall be the buyer, but if, during or after the sale of the lot, but before the end of the sale as a whole, the auctioneer considers, at his absolute discretion, that a dispute has arisen or that the buyer has not complied satisfactorily with Condition 3.3. or 3.4., or that there is any other reason for so doing, he may at his absolute discretion, put up the lot again for sale. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Lyon & Turnbull that he acts as agent on behalf of a named principal.
<p>3.2. At the fall of the hammer risk in the lot sold shall pass to the buyer, and none of the seller, Lyon & Turnbull, their servants or agents. The Buyer shall be responsible for any loss or damage whether caused by negligence or otherwise, but ownership of such lot shall not pass until payment in respect thereof has been made in accordance with Condition 4. In the event that Lyon & Turnbull shall have agreed and made payment to the seller in respect of any lot before the buyer has made payment to Lyon & Turnbull in accordance with Condition 4, title in the property shall pass to and remain with Lyon & Turnbull until the buyer has made payment to Lyon & Turnbull.
<p>3.3. On the fall of the hammer in respect of each lot sold the buyer shall, if so required by Lyon & Turnbull, forthwith give his name and permanent address to the auctioneer or his assistant together with his bank or other suitable references, and any such other proof of his identity as Lyon & Turnbull may at their absolute discretion require.
<p>3.4. The buyer may be required to pay down forthwith the whole or any part of the aggregate price, and if he fails to do so any lot or lots bought by him may, at the auctioneer's absolute discretion, be offered again for resale at any time before the conclusion of the auction.
<p>3.5. The buyer shall pay a premium of 18% up to the first £30,000 and 12% thereafter on the hammer price on all sales. Where the items are zero rated for vat( e.g books, maps etc.) then no vat is charged on the buyers premium. Full details can be obtained from the accounts office at Lyon and Turnbull. The buyer acknowledges that Lyon & Turnbull will receive from the seller commission at their usual rates, on the sale of any lot, in addition to the said premium and assents to Lyon & Turnbull receiving the said commission.
<p>3.6. In the case of certain lots the buyer will be liable to pay Value Added Tax on the hammer price. All such lots are indicated in the catalogue with the sign *.
<p>4. Payment and collection and title
<p>4.1. Subject only to any arrangements made in writing with Lyon & Turnbull prior to the sale, or where payment has already been made in accordance with Condition 3.4., the buyer shall pay the aggregate price to Lyon & Turnbull not later than 3.0 p.m. on the 5th working day following the sale and shall, upon making such payment, be required to take away the lot purchased from Lyon & Turnbull premises at his own expense.
<p>4.2. No lot purchased shall be claimed or removed until the sale has been concluded. If any buyer fails to pay for and take away any lot in accordance with Condition 4.1, or if any cheque tendered in payment of the aggregate price or any part thereof is not met upon first presentation, Lyon & Turnbull as agents for the seller shall, following seven working days after the conclusion of the sale, be entitled at their absolute discretion and without prejudice to any other rights or remedies:
(i) to proceed against the buyer for damages for breach of contract;
(ii) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;
(iii) without notice to the defaulting buyer at any time to resell the lot or cause it to be resold by public auction or private sale and the defaulting deficiency in the total amount due (adjusted for Lyon & Turnbull resale costs, and any part payments received);
(iv) to remove, store and insure the lot at the expense of the defaulting buyer;
(v) to charge interest at the rate of 4% above the base rate of Lloyds TSB Scotland on the total amount due to the extent it remains unpaid for more than seven working days after the conclusion of the sale. Such interest will run until both the total amount due and any interest has been settled in full.
(vi) to retain that or any other lot sold to the same buyer at the same or any other auction and release it only after payment of the total amount due;
(vii) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtain a deposit before accepting any bids in future;
(viii) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the total amount due and to exercise a lien on any property of the defaulting buyer which is in Lyon & Turnbull's possession for any purpose.
<p>4.3. Any sums received by Lyon & Turnbull from any buyer may be appropriated by Lyon & Turnbull towards any amounts owed by such buyer to Lyon & Turnbull on any account whatever, without regard to any purported appropriation of such sums by the buyer, whether express or implied.
<p>4.4. Ownership in the lot shall not pass to the buyer unless and until payment of the aggregate price has been received by Lyon & Turnbull. A cheque given by the buyer in payment shall not be treated as a receipt until the same has been cleared.
<p>4.5. Where a Buyer has entered into an arrangement with Lyon & Turnbull to purchase a lot on credit, in the avoidance of doubt, Lyon & Turnbull shall be entitled at its sole discretion to apply any payment received in or towards the aggregate price of any lot contracted to be sold to the buyer.
<p>A CHARGE OF 1.5% is made on CREDIT CARD PURCHASES.
<p>5. Responsibility to buyers
<p>5.1. Subject to Condition 6 all lots are sold as shown and neither Lyon & Turnbull nor the seller accept any responsibility for any faults, imperfections or errors of description, authorship, attribution, origin, date, age, or provenance however caused in or with regard to any lot, and all lots are to be taken and paid for whether genuine or not. Buyers should satisfy themselves as to the condition of any lot before bidding for it.
<p>5.2. The attention of buyers is drawn to the general notices elsewhere in Lyon & Turnbull's catalogues to the effect that all statements made and contained in the catalogue or elsewhere in any advertisement or brochure are statements of opinion only and are not to be relied on as statements or representations of fact.
<p>5.3. Neither Lyon & Turnbull nor the seller makes or gives, neither has Lyon & Turnbull, nor any person employed by Lyon & Turnbull, any authority to make or give, any representation or warranty to any person in respect of any lot, and any conditions or warranties implied by law (except, in the case of the seller, those implied under Section 12 of the Sale of Goods Act 1979) are hereby excluded.
<p>5.4. Lyon & Turnbull on their own behalf give no guarantee as to the right of any seller to offer any lot for sale, and will not be responsible for any defect in the seller's title to such lot.
<p>6. Forgeries
6.1. In the event of any lot proving to be a forgery Lyon & Turnbull will, at their absolute discretion and subject to the following Conditions, either rescind the sale of any lot and refund such of the aggregate price has been received by them or repurchase the lot for such sum as, taken together with the amount of any Value Added Tax chargeable thereon, shall equal the aggregate price paid for the lot by the buyer, provided that this obligation shall only arise if:
(i) within one year of the sale of the lot the buyer gives notice in writing to Lyon & Turnbull that the lot purchased by him through Lyon & Turnbull is a forgery (as hereinafter defined); and
(ii) the buyer returns the lot to Lyon & Turnbull in the same condition as it was at the time of the auction accompanied by written proof of forgery, the number of the lot, and the date of auction at which it was purchased; and
(iii) the buyer proves to Lyon & Turnbull's reasonable satisfaction that the lot is a forgery and that he is able to transfer a good title thereto free from any liens, charges or encumbrances; and
(iv) the buyer demonstrates to Lyon & Turnbull's reasonable satisfaction that the lot alleged by him to be a forgery is the lot actually purchased by him through Lyon & Turnbull.
<p>6.2. A 'forgery' means an imitation intended by the maker or any other person to deceive as to authorship, date or provenance, provided that it is not shown to be such in the catalogue description and 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. Notwithstanding the above, the buyer shall have no rights in respect of a forgery (as defined) if;
(i) the catalogue description at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or
(ii) it can be established that the lot is a forgery only by means of process not generally accepted for use until after publication of the catalogue or by means of a process which at the date of the sale was unreasonably expensive or impractical (or likely to have caused damage to the lot).
<p>6.3. The benefits of this Condition shall be personal to the buyer who, for the purpose of this Condition, shall be the person to whom the original invoice is made out by Lyon & Turnbull in respect of the lot sold. The benefit of this Condition shall not be assignable by the buyer.
<p>7. General
<p>7.1. Any claim by a buyer against Lyon & Turnbull whether under any of these Conditions or otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot and shall not extend to any consequential or other loss or damage or expense suffered by the buyer.
<p>
7.2. The above Conditions and all 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.
<p>7.3. Each bidder by the making of any bid acknowledges his acceptance of these Conditions and the terms of any Notices and other Conditions in the catalogue.
<p>7.4. Lyon & Turnbull are under no obligation to disclose to any person the identify of either buyer or seller of any lot.
<p>7.5. Each sale and matters connected therewith, including these Conditions, shall be governed by and construed in accordance with the laws of Scotand. By taking part in the sale;
(i) every bidder who is for the purposes of the E.E.C. Convention on Jurisdiction and the Enforcement of Judgments domiciled in a member state of the E.E.C. submits to the exclusive jurisdiction of the Scottish courts;
(ii) every other bidder submits to the non-exclusive jurisdiction of the Scottish courts.
<p>7.6. The buyer of a firearm is responsible for obtaining a valid firearm certificate, shot gun certificate or certificate of registration as a firearms dealer and for conforming with regulations in force in Great Britain relating to firearms, notice of which is published in catalogues of firearms. Lyon & Turnbull will not deliver lots to buyers without production of evidence of compliance with this condition.
<p>7.7. The headings are for convenience only and shall be ignored in construing these Conditions.
<p>SPECIAL NOTICE STORAGE AND SHIPPING
<p>SHIPPING
All shipping inquiries should be directed to 'mailboxes etc' 28 Elm Row , Edinburgh, tel 0131 557 0222/ info@elmrow.mbe.uk.com.
<p>STORAGE - Lots not collected by Friday following the sale will be removed to T & S TRANSPORT in Edinburgh. They can be contacted for shipping on +44 131 553 3830. STORAGE CHARGES are as follows;
<p>ADMIN
£20+VAT
<p>PER LOT PER DAY
£3.00 + VAT including insurance
<p>Small items
£2.50 + VAT including insurance
(insured up to hammer price)