1094
T Kirkley; an oak framed naive style oil on canvas of cattle grazing, believed to be Bowden, Cheshir
Currency:GBP
Category:Everything Else / Other
Start Price:NA
Estimated At:1.00 - 2.00 GBP
NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 May 21 @ 02:00UTC-08:00 : PST/AKDT
T Kirkley; an oak framed naive style oil on canvas of cattle grazing, believed to be Bowden, Cheshire, signed and dated 1925
Auction Location:
United Kingdom
Previewing Details:
SATURDAY 18TH 11AM-3PM, SUNDAY 19TH 11AM-3PM, MONDAY 20TH 10AM-6.30PM
Additional Fees:
Shipping Details:
No Info Available
Payment Details:
No Info Available
<b>CONDITIONS OF SALE – ON SITE AUCTIONS</b>
<p>1. In the event of a dispersal sale on the premises, or on such premises to which the lots are removed for convenience of sale or for the benefit of the vendor or vendors, no warranties shall apply.
<p>The attention of prospective purchasers or bidders is drawn to the current legislation governing the conduct of sales by auction, of which they shall be deemed to have full knowledge, and in accordance with which the sale will be held.
<p>2. The order of sale will be catalogued or announced prior to or at sale time, but the Auctioneers reserve the right to deviate therefrom by amalgamating, providing, altering, consolidating, withdrawing or in any other way presenting the lot in any manner which they deem advisable for the vendor or vendors.
<p>3. No lot or lots may be withdrawn from the sale. As all entries are accepted by the Auctioneers, either for themselves or as agents for the party under whose authority the sale is being conducted, in good faith, neither they, as agents, the vendor or vendors, nor the party under whose authority the sale is held, accept any responsibility whatsoever for the failure of any lot or lots to come under the hammer.
<p>4. All bidding will be regulated by the Auctioneer for the time being, and no person shall retract a bid. The Auctioneer reserves unto himself the right to refuse any bid without giving a reason, to bid on behalf of a vendor and to bide by any upset (minimum price set by, and agreed with, a third party). The refusal of a bid shall in no way be construed as indicative of the creditworthiness or otherwise of the person attempting to bid, nor shall it be deemed to reflect upon the character of the bidder.
<p>All prospective purchasers are required to register with the Auctioneers providing full details of their name and address and where requested their bankers details. Registration must take place in advance of bidding for or purchasing any items in the sale and the Auctioneer will not accept any bids from a bidder who has not previously registered and obtained a bidders number.
<p>5. All lots must be taken with any fault, imperfections and/or errors of description (if any) but no lots will be allowed to be moved until full payment has been made in accordance with these Conditions of Sale unless alternative arrangements are made with the Auctioneers prior to commencement of sale. Whilst descriptions, measurements, etc stated in the catalogue are believed to be correct, neither the vendor nor the Auctioneers for their part accept any responsibility for any error or mistake therein and no purchaser shall make any objection thereto, nor be entitled to any compensation in respect of such error or mistake.
<p>The vendor does not make or give, and neither the Auctioneer nor any other person either in their employ, or reported to be in their employ, have any authority to make or give any representations or warranty whatsoever in relation to any of the lots, accepting such warranties as may be stated by the Auctioneer on behalf of the vendor at the time of sale of each particular lot, or such warranties as are specifically contained within the catalogue, unless such written warranties are withdrawn and/or amended prior to the sale of that particular lot. In all respects, any warranties given by the Auctioneer are given by him as agent on behalf of the vendor.
<p>Notwithstanding the above, in the event of a part, or all, of the description of a lot or lots contained in a catalogue being obtained from a third party, then such descriptions will be accepted as materially correct by each vendor until written notice is given to the Auctioneers prior to sale time, making full note of any inaccuracies and detailing the correction.
<p>6. All lots are the responsibility, and under the care of the vendor, until such time as the hammer falls when the responsibility and care is immediately transferred to the purchaser, irrespective of whether or not full payment has been made, or part thereof, or none at all.
<p>Accordingly, the onus of insurance is upon either the vendor or the purchaser, as the case may be, and under no circumstances do the Auctioneers undertake the insure any goods offered for sale and/or goods subsequently sold. At no time, other when due care is expected of an agent, do the Auctioneers accept responsibility.
<p>In the event of a private sale, the details of which are recorded in the Auctioneers books, the sale shall be deemed to have been completed at the time that the details were recorded in the books of the Auctioneers, and the lot or lots will be further deemed to have been sold in accordance with the Conditions of Sale unless the Auctioneers are advised of the contrary by the two parties to the sale.
<p>7. The highest bidder shall be the purchaser, as declared by the Auctioneer. In the event of a dispute, the Auctioneer may, at his sole discretion, cause the lot or lots to be reoffered.
<p>In the event of failure to comply with any of the Conditions of Sale or in the event of a dispute, the Auctioneers reserve the right to reoffer any uncleared lots for sale, whether by Private Treaty or Public Auction, with notice, and the right is also reserved unto the vendor to charge the original purchaser with the deficiency (if any) and all other expenses incurred. In the event of any surplus, this will be retained by the original vendor, subject to the usual deductions.
<p>In cases of resale, the Auctioneers are only responsible to the vendor for the sale price, less commission and other charges, based on the first sale.
<p>8. In the event of a claim by the purchaser under these or any other Conditions of Sale, alleging that the lot or lots is or are not in accordance with the description applicable at the time of sale, then, whilst the onus of proof is upon the purchaser, in the event of a successful claim the vendor will be responsible to the purchaser for the full reinstatement of all costs as are necessary to prove such a claim. Under no circumstances are the Auctioneers obliged to refund any charges they may have made, or be entitled to make, in respect of the original sale. Should the claim prove to be abortive, then all such costs as have been involved in alleging such a claim shall be borne by the purchaser.
<p>9. Under no circumstances will the Auctioneers accept any transfer of ownership from the original purchaser, who alone shall be held to be responsible for all the purchase monies, unless and until such a purchaser indicates, prior to the auction, the identity of his principal or principals, and the Auctioneers then give written consent that they are prepared to accept such bidder as agent for the declared purchaser or purchasers. This is not withstanding the requirement of a purchaser to disclose the identity of his principal under condition 11, as required and requested.
<p>10. The terms of sale are payment on the day by coin of the realm, certified cheque or bankers draft as otherwise agreed. Notwithstanding that, each purchaser shall in advance of bidding and purchasing have registered with the Auctioneers confirming in writing his full name and address and/or disclose the full name and address of the principal on whose behalf he is acting and the bankers name and address and the account number on which any cheques may be drawn, if so required and requested, immediately after his first purchase, declare in writing his full name and address and/or disclose the full name and address of the principal on whose behalf he is acting and the bankers name and address and the account number on which any cheques may be drawn. The Auctioneers may, at their own discretion, accept a cheque in payment of an account, but if this is not properly supported by a recognised bank cheque card, no stock or goods will be released, accept as otherwise agreed, nor will full payment be recognised
until such time as the Auctioneers bankers have confirmed that full credit has been acknowledged.
<p>The Auctioneers request of buyers unknown to them the provision of, prior to sale time, suitable bankers and/or personal references, but, even so, they retain the right to insist on full payment by coin of the realm, certified cheque or bankers draft, without giving any reason for so doing, nor imply that any person or persons is or are considered to be uncreditworthy. After the first and subsequent purchase the Auctioneers may request and require that full or part settlement of the amount involved is made, in the manner specified above.
<p>Prospective purchasers are, therefore, respectfully requested to contact the Auctioneers office for the time being, in order to present their credentials and to deposit any advance payment, references etc. This could well be of assistance in the prompt settlement of accounts after completion of the sale, by which all lots must be paid for in full.
<p>11. The Auctioneers bankers are The Royal Bank of Scotland plc, 2 Canute Square, Knutsford, Cheshire, WA16 6BJ. Their telephone number is Knutsford (10565) 654826. The branch sorting code is 16-22-27 and forward payment by transfer should be made to the credit of “Frank R Marshall & Company – Auction Sales Account – 11980892.
<p>12. Notwithstanding any of the above, the Auctioneers reserve the right to charge interest at 3% over the base rate for the time being of the Royal Bank of Scotland plc on any outstanding accounts, from the day of sale until settlement.
<p>13. If any damage be done to any building, structure or freehold or to any stock, chatels or the like during the course of removal of any of the lots, such damage shall be made good by, or at the expense of, the person or persons committing such damages.
<p>As appropriate, delivery of electrical appliances connected to the mains electricity system, or such other appliances as are connected to a mains supply, will be given the day following the sale, unless announced otherwise and/or by specific arrangement with the Auctioneers and/or the vendor, after the power supply has been disconnected. Notwithstanding this, purchasers should ascertain that all appliances have been isolated from the mains supply before attempting to remove them, and they alone remain responsible for any damage caused by failure to make adequate enquiries and/or to take suitable precautions. In the event of any dispute as to the responsibility and/or the cost of making good, the Auctioneers shall act as sole arbitrators and their decision shall be binding.
<p>14. Neither the Auctioneers for their part, nor the vendor, accept responsibility or liability for any accident or damage to life, limb or property which may occur prior to and during the progress of the sale or after, or at any time during the removal of the items, which rests solely with the purchaser. Any persons attending prior to, during and after the sale, does so entirely at his or her own risk, deemed to be in full knowledge of the conditions of sale.
<p>15. In the event of any dispute whatsoever in connection with the conduct of the sale of any conditions attached thereto, the Auctioneers reserve the right to apply to the then President of the Royal Institution of Chartered Surveyors, for the appointment of an arbitrator or, at their sole discretion, they themselves shall act as arbitrators, in either of which event the decision of the arbitrator shall be binding upon all parties.
<p>16. The Auctioneers reserve unto themselves the right to deduct from, or add to, as the case may be, the accounts of vendors or purchasers, such deductions or additions are they are obliged so to do by statute, common law, custom or whatever at the rates then prevailing.
<p>17. IMPORTANT NOTICE
a) The property in the goods sold by Frank R Marshall & Company whether by auction or private treaty, shall remain vested in the vendor until payment in full has been made by the purchaser (or his duly authorised agent), to the said vendors agents Frank R Marshall & Company, even if payment is not demanded and the purchaser is allowed to remove the goods from the sale premises.
b) Until the said vendors agents, Frank R Marshall & Company have been paid in full for all the goods, the relationship of buyer and seller shall be fiduciary in respect of the said goods.
c) Such goods are to be kept separate and apart from any other goods until payment has been made in full, as above.
d) Default by the purchaser in making payment when due or if the purchaser commits any act of bankruptcy or if the purchaser being a company is wound up either compulsory or voluntarily or a receiver of its assets is appointed may result in resumption of possession by the vendors agents, Frank R Marshall & Company, if payment for goods is overdue in whole or in part the company may (without prejudice to any of its other rights) recover the goods and may enter upon the purchasers premises by its employees for that purpose.
e) Until complete payment is made the purchaser shall keep the goods in his possession fully insured, in a good and marketable and readily identifiable condition, and shall not sell any of the goods which remain the property of the vendor.
f) If the vendor has been paid for the goods by the Auctioneers, then Frank R Marshall & Company reserve the right to take proceedings against the purchaser for recovery of monies in the event of non-payment.
g) The purchaser is held bound to indemnify the vendors agents against any loss or injury to the goods howsoever arising following on failure by the purchaser to adhere to Clause (e).
h) In the event of the purchaser purporting to sell the goods, or any part thereof, before paying for them in full, he shall be deemed to have sold them as agent for Frank R. Marshall & Company.
i) Further in the event of a sale by a purchaser of goods originally purchased from Frank R Marshall & Company prior to payment having been made to the said Frank R Marshall & Company the purchaser shall not under any circumstances whatsoever part with the possession of these goods either in part or in total, until payment has been made in full to the first purchaser and further that in the event all monies received by the first purchaser shall be kept separate and apart from other monies of the first purchaser and in trust for the said Frank R Marshall & Company.
<p>18.
Frank R Marshall & Company undertake to pay to the vendor the proceeds of sale, less commission, and other notified deductions, as displayed, irrespective of whether payment has been received from the purchaser.
All monies paid to the Auctioneers therefore are held to be the property of Frank R Marshall & Company and are not held in trust for the vendor EXCEPT in cases whereby a variation to the proceeding undertaking is notified to the vendor in writing prior to the sale. In such cases money paid to the Auctioneers will be held in a separate client account before payment of net proceeds, after deduction of commission and other notified expenses, is made to the vendor. The Auctioneers however reserve the right to withhold payment for goods until paid in full where they have reasonable grounds for suspecting that the sale is not bona fide.
<p>19. Not only will any bidder or purchaser at any sales be deemed to be purchasing, or to have purchased, in the full knowledge of, and agreement with, these and any other printed or announced conditions of sale, he will also be deemed to be in full knowledge of, and agreement with, such other conditions of sale as are on display during normal office hours in the offices of the Auctioneers.
<p>20. Any person bringing on to any premises used by Frank R Marshall & Company any hazardous substances must provide the relevant information for use by the Auctioneers, members of the public and all prospective purchasers. Vendors of all goods are reminded of their duty to comply with the relevant Health & Safety Acts. Purchasers are reminded that any second hand goods purchased through an auction sale should be thoroughly checked by a competent person before use.
<p>21. In order to comply with Section 47 of the VAT Act 1994, all qualifying second hand goods will have VAT at the prevailing rate added to the purchase price unless the correct declarations are completed and signed by the vendor, and full name and address provided by the purchaser.
<p>22. RICS MEMBERS ACCOUNTS REGULATIONS 1993
The Auctioneers are not required to comply with the requirements of the Members’ Accounts Regulations of The Royal Institution of Chartered Surveyors. No monies paid to the Auctioneers are covered by any scheme for the protection of clients’ money operated by the Royal Institution of Chartered Surveyors. This Notice is published in accordance with the requirements of The Royal Institution of Chartered Surveyors from whom a more detailed explanation can be obtained by writing to The Standards and Practice Department, The Royal Institution of Chartered Surveyors, 12 Great George Street, Parliament Square, London SW1P 3AD
<p>23. VAT
For the purpose of this sale we will be operating the Auctioneers Margin Scheme. VAT will therefore not be added to the hammer price.