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DEFINITIONS AND GENERAL CONDITIONS
DEFINITIONS
1. In these conditions the following words and expressions shall have
the followingmeaings:
‘Auctioneer’ – James Adam & Sons.
‘Auctioneer’s Commission’ – The commission payable to the
Auctioneer by the buyer and seller as specified in conditions 13 and
25.
‘Catalogue’ – Any advertisement, brochure, estimate, price list or other
publication.
‘Forgery’ – A Lot which was made with the intention of deceiving with
regard to authorship, culture, source, origin, date, age or period and
which is not shown to be such in the description therefore in the
Catalogue and the market value for which at the date of the auction
was substantially less than it would have been had the Lot been in
accordance with the Catalogue description.
‘Hammer Price’ – The price at which a Lot is knocked down by the
Auctioneer to the buyer.
‘Lot’ – Any item which is deposited with the Auctioneer with a view
to its sale at auction and, in particular, the item or items described
against any Lot number in any Catalogue.
‘Proceeds of Sale’ – The net amount due to the seller being the
Hammer Price of the Lot after deducting the Auctioneer’s Commission
thereon under condition 25 the seller’s contribution towards insur-
ance under condition 26, such VAT as is chargeable and any other
amounts due by the seller to the Auctioneer in whatever capacity
howsoever arising.
‘Registration Form or Register’ – The registration form (or, in the case
of persons who have previously attended at auctions held by the
Auctioneer and completed registration forms, the register maintained
by the Auctioneer which is compiled from such registration forms) to
be completed and signed by each prospective buyer or, where the
Auctioneer has acknowledged pursuant to condition 12 that a bidder
is acting as agent on behalf of a named principal, each such bidder
prior to the commencement of an auction.
‘Sale Order Form’ – The sale order form to be completed and signed
by each seller prior to the commencement of an auction.
‘Total Amount Due’ – The Hammer Price of the Lot sold, the
Auctioneer’s Commission due thereon under condition 13, such VAT
as is chargeable and any additional interest, expenses or charges due
hereunder.
‘V.A.T.’ – Value Added Tax.
Cataloguing Practice and Catalogue Explanations
2. Terms used in Catalogues have the following meanings and the
Cataloguing Practice is as follows:
The first name or names and surname of the artist;
In the opinion of the Auctioneer a work by the artist.
The initials of the first name(s) and the surname of the artist;
In the opinion of the Auctioneer a work of the period of the artist and
which may be in whole or in part the work of the artist.
The surname only of the artist;
In the opinion of the Auctioneer a work of the school or by one of the
followers of the artist or in his style.
The surname of the artist preceded by ‘after’;
In the opinion of the Auctioneer a copy of the work of the artist.
‘Signed’/’Dated’/’lnscribed’;
In the opinion of the Auctioneer the work has been signed/dated/
inscribed by the artist.
‘With Signature’/’with date’/’with inscription’;
In the opinion of the Auctioneer the work has been signed/
dated/inscribed by a person other than the artist.
‘Attributed to’;
In the opinion of the Auctioneer probably a work of the artist.
Studio of/Workshop of’
In the opinion of the Auctioneer a work executed in the studio
of the artist and possibly under his supervision.
‘Circle of’;
In the opinion of the Auctioneer a work of the period of the
artist and showing his influence.
‘Follower of’;
In the opinion of the Auctioneer a work executed in the artist’s
style yet not necessarily by a pupil.
‘Manner of’;
In the opinion of the Auctioneer a work executed in artist’s
style but of a later date.
‘*’;
None of the terms above are appropriate but in the
Auctioneer’s opinion the work is a work by the artist named.
GENERAL CONDITIONS
Auctioneer Acting as Agent
3. The Auctioneer is selling as agent for the seller unless it is
specifically stated to the contrary. The Auctioneer as agent for
the seller is not responsible for any default by the seller or the
buyer.
Auctioneer Bidding on behalf of Buyer
4. It is suggested that the interests of prospective buyers are
best protected and served by the buyers attending at an auc-
tion. However, the Auctioneer will, if instructed, execute bids
on behalf of a prospective buyer. Neither the Auctioneer nor
its employees, servants or agents shall be responsible for any
neglect or default in executing bids or failing to execute bids.
Admission to Auctions
5. The Auctioneer shall have the right exercisable in its absolute
discretion to refuse admission to its premises or attendance at
its auctions by any person.
Acceptance of Bids
6. The Auctioneer shall have the right exercisable in its absolute
discretion to refuse any bids, advance the bidding in any man-
ner it may decide, withdraw or divide any Lot, combine any two
or more Lots and, in the case of a dispute, to put any Lot up for
auction again.
Indemnities
7. Any indemnity given under these conditions shall extend to
all actions, proceedings, claims, demands, costs and expenses
whatever and howsoever incurred or suffered by the person
entitled to the benefit of the indemnity and the Auctioneer
declares itself to be a trustee of the benefit of every such
indemnity for its employees, servants or agents to the extent
that such indemnity is expressed to be for their benefit.
Representations in Catalogues
8. Representations or statements made by the Auctioneer in
any Catalogue as to contribution, authorship, genuineness,
source, origin, date, age, provenance, condition or estimated
selling price or value is a statement of opinion only. Neither
the Auctioneer nor its employees, servants or agents shall be
responsible for the accuracy of any such opinions. Every person
General Terms and Conditions of Business
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as may be expressly
agreed with the Auctioneer or set out in any relevant Catalogue. Conditions 12-21 relate mainly to buyers and conditions 22-32 relate
mainly to sellers. Words and phrases with special meanings are defined in condition 1. Buyers and sellers are requested to read carefully
the Cataloguing Practice and Catalogue Explanation contained in condition 2.