NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Mar 28 @ 00:00UTC-08:00 : PST/AKDT
PAINTINGS - Edwin Ellis (1841 - 1895) - After The Gale, Whitby, figures on the quay, signed, verso inscribed, 17.5in x 31.5in
Auction Location:
United Kingdom
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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.
1 Neales Conditions of Sale shall be construed in accordance with English Law. All transactions to which these Conditions of Sale apply shall be governed by English Law. Neales hereby submits to the exclusive jurisdiction of the English Courts and all other parties concerned hereby submit to the no-exclusive jurisdiction of the English Courts.
2 Definitions
In these Conditions Neales, who act only as auctioneers and agents for the vendor, are called "the Auctioneers", and the representative of Neales conducting the auction is called "the Auctioneer".
3 General
Whilst Neales 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 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.
(b) Neales do not accept responsibility for the authenticity, attribution, genuineness, original authorship, date, age, period, condition or quality of any lot.
(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 representation of fact by Neales.
(d) Any claim under Statute must be received in writing by the Auctioneers within fourteen days of the day of the sale.
4 Instructions given by telephone are accepted at the sender’s sole risk and must be confirmed in writing forthwith.
5 Any notice by Neales to a vendor, consignor, prospective bidder or buyer will be given by first class mail and shall be deemed to have been duly received by the addressee 48 hours after posting.
6 In the event of a sale by private treaty both the vendor and the buyer agree to be bound by all Neales Conditions of Sale.
7 Neales shall have the right at their absolute discretion to refuse admission to its premises or attendance at its auctions by any person.
8 The Auction
(a) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or 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 refuse a bid.
(c) All conditions, notices, description, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statement modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.
9 Rescission
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.
10 Default
Neales 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.
CONDITIONS MAINLY APPLICABLE TO VENDORS
11 Warranty of Title
(a) The vendor warrants to Neales and the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the goods free from any third party claims.
(b) The vendor will indemnify Neales its servants and agents and the buyer against any loss or damage suffered by either in consequence of any breech of (a) above on the part of the vendor.
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.
13 Collection
Neales do not themselves usually undertake the collection of goods but will, if requested instruct a contractor on the vendor’s behalf in their capacity as agents. Neales disclaim all responsibility for loss or damage of goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless written instructions are received to the contrary the charge for these services will be deducted from the proceeds of sale.
14 Loss or Damage
Neales disclaim all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of their employees.
15 Storage
Neales reserve the right to store or arrange for the storage of goods delivered to them for sale either to their own premises or elsewhere at their sole discretion. Neales exempt themselves from any liability for loss or damage of goods delivered to their salerooms without sufficient sale instructions unless the loss or damage is caused by the direct negligence of Neales' employees. Neales reserve the right to make a minimum storage charge of £1 (small items) and £2.50 (furniture and large items) per lot per day for such goods.
16 Unsaleable Goods
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.
17 Right to Sell
Vendors will be charged at a rate of £1 (small items) and £2.50 (furniture and large items) per lot per day for goods left on Neales premises after the vendor has been requested to remove them. If the goods are not removed within seven days (weekly non-catalogue sales) or twenty-one days (catalogue sales) of such request Neales reserve the right to sell the goods at their absolute discretion without further notice in order to defray costs and storage charges.
18 Insurance
(a) Unless otherwise instructed in writing all goods on Neales premises and in their custody will be held insured against the risks of fire, theft following forcible entry, water damage, accidental breakage or damage for which insurance Neales will charge a premium of £1 per £100. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the reserve, in the absence of reserve the best bid obtained, or in the case of goods withdrawn prior to sale that which the specialised staff of Neales shall in their absolute discretion estimate to be the auction value of such goods.
(b) Neales shall not be responsible for damage to or the loss, theft or destruction of any goods not so insured upon the owner’s written instructions
(c) In respect of any article delivered to Neales if the vendor has in force a policy or policies of insurances in which the article is specifically mentioned as being insured, whether or not for any agreed sum of value, the vendor shall notify his insurers of and shall himself note Neales interest as bailees in such policy or policies.
19 Reserves
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.
20 Electrical and Mechanical Goods
The seller or consignor of electrical or mechanical goods warrants and undertakes to Neales that at the date on which the same are consigned to Neales or put under Neales control and except as previously disclosed to Neales the same are safe if used for the purpose for which they were designed and free from any defect which could prove dangerous to human life or health and will indemnify Neales, its servants and agents against any loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking.
21 Indemnity
The vendor shall duly indemnify Neales against any claims in connection with any goods sold by Neales on the vendors behalf.
22 Value Added Tax
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.
23 The vendor authorises the Auctioneers to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Auctioneers right to retain the premium payable by the purchaser.
24 Rights to Photographs and Illustrations
The vendor gives Neales full and absolute right to photograph and illustrate any lot placed in its hands for sale and 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).
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.
31 Third Party Liability
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).