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D
EFINITIONS AND GENERAL CONDITIONS
Definitions
1.
In these conditions the following words and expressions shall have the following
meanings:
‘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 publica-
tion.
‘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 insurance 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 auction. 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 manner 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 responsi-
ble for the accuracy of any such opinions. Every person interested in a Lot must
exercise and rely on their own judgment and opinion as to such matters.
9.
The headings of the conditions herein contained are inserted for convenience
of reference only and are not intended to be part of, or to effect, the meaning or
interpretation thereof.
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..