Terms and Conditions 2021
Spicers Auctioneers carries on business with bidders, buyers and all those present in the auction room or online prior to, or in connection with, an auction on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.
Information applicable to the Auction may also be set out in the Online Sales Catalogue and/or in Special Notices on our website, it is your responsibility to review that information.
Please note that additional clauses relate to our Classic Car, Motorcycles & Automobila Auctions at Section 5.
In these Conditions:
(a) "auctioneer" means the firm of Spicers Auctioneers or its authorised auctioneer, as appropriate;
(b) "deliberate forgery" means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator 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 the description;
(c) "hammer price" means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer;
(d) "terms of consignment" means the stipulated terms and rates of commission on which Spicers Auctioneers and Valuers accepts instructions from sellers or their agents;
(e) "total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these Conditions;
(f) "sale proceeds" means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising;
(g) "You", "Your", etc. refer to the buyer as identified in Condition 2.
(h) The singular includes the plural and vice versa as appropriate.
2. Commission Rates for antiques, collectibles, memorabilia, art, jewellery, homewares and automobilia auctions
Spicer’s charge 15% commission up to £1,000 and 10% on the balance thereafter, in addition we charge 1% loss and damage cover, all lots are subject to a minimum fee of £7 and £3 for internet exposure.
All charges are plus VAT.
Spicer’s charge 20% plus non-recoverable VAT.
Commission rates for classic cars, motorcycles, boats & vintage tractors auctions
Spicer’s charge 5% to sell your vehicles, no loss and damage cover is offered on these items, vendors should keep their own insurance in place and inform their insurer, although we can arrange this if required.
We charge 15% to sell automobilia plus 1% loss and damage, all lots are subject to a minimum fee of £7 and £3 for internet exposure.
All charges are plus VAT.
The premium on vehicles entered for a classic auction (classic cars, bikes, boats & vintage tractors) is 15% including VAT.
Premium on automobilia is 20% plus VAT.
3. Bidding procedures and the Buyer
Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid;
The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by reoffering the Lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.
Bidders shall be deemed to act as principals.
Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.
Where the Buyer is represented by an agent, the agent undertakes that if the Buyer does not complete on the purchase of any Lot, the agent will be personally liable to purchase the Lot and to indemnify the Agent and the Seller against any costs, losses or expenses incurred by the Buyer’s default.
Bidding increments shall be at the auctioneer’s sole discretion.
The buyer will pay the hammer price together with a premium of 20% plus VAT.
4. Caveat Emptor
Let the buyer beware. The principle that it is the buyer's responsibility, not the seller's, to find out if there is anything wrong with what they are being sold.
All goods are sold untested and without warranty unless specifically noted on the description. All Lots are sold as seen and the absence of any reference to the condition does not imply the Lot is/are in good condition and without defects, repairs or restorations. We do not carry out inspections prior to any Sale.
5. Classic Car, Motorcycles and Automobilia
Each Lot, in the condition as described on the Entry Form, and with all keys, spare or extra items and documents shall be delivered to the Premises at the expense of the Seller. The Seller of a Lot not held by the Auctioneer at the Premises or under its control warrants and undertakes to the Auctioneer that the Lot will be made available and in a deliverable state at the time stated by the Auctioneer.
The Seller warrants to the Auctioneer and to the Buyer either that they are the true owner of the Lot or that they are duly authorised to sell the Lot by the true owner, and is able to transfer or procure transfer of good and marketable title to the Lot free from a third party claims or encumbrances As a precaution all potential buyers are encouraged to carry out an HPI Check to ensure that the vehicle has not been an insurance write off, does not have any outstanding finance on it and is not stolen for your own piece of mind.
The Seller may by notice to the Auctioneer withdraw the Lot from the Auction. If the Seller does so, they shall be liable to pay the Auctioneer the stated rate of the Seller’s and Buyer’s commission calculated on the estimated value of the Lot that the Auctioneer would have received had the Lot been sold for the estimated value. For the purposes of this clause the estimated value shall be the higher of: -
• the Seller’s estimate of value as previously notified to the Auctioneer or if more than one figure the highest figure or if none;
• the value estimated in the catalogue or if more than one figure is given the highest figure, or if none, the Auctioneer’s reasonable estimate of its value;
• VAT will be added on such fee in either case and expenses;
The Seller of a Lot which is a road going means of transport warrants and undertakes to the Auctioneer that, as at the date of the Sale, either:
• the Lot will be VAT paid in the EU and registered in the UK, will be lawfully usable on the public road, complying with the provisions of current Road Traffic Legislation and all relevant regulations made thereunder and any statutory modifications thereof, and there is or will be in force an MOT Certificate required in relation to such use; or (alternatively)
• the Seller has notified the Auctioneer that the Lot does not or will not meet these requirements, and cannot legally be used on the road.
The Seller shall maintain their insurance of the Lot until they are in receipt of the Sale Proceeds
In the event that the Seller withdraws the Lot from the Auction the Seller shall arrange for the collection/removal of the Lot at his own expense within 2 working days after the date of withdrawal provided that the Seller may not collect the Lot unless or until any withdrawal fee payable under Conditions or shall have been paid in full and any storage charges have been met by the Seller.
Any motor vehicle offered is not sold as a means of transport. Buyers are specifically warned that any vehicle sold as such may well have had parts replaced and paint renewed or be made up of parts from other vehicles the condition of which may be difficult to establish.
The Auctioneer has to rely on information as to the date, condition and authenticity provided by the Seller and does not provide its own description, and does not and cannot undertake its own inspection of vehicles or other Lot and it is the responsibility of the Buyer to ensure that the Lot conforms to the description in the catalogue.
The Auctioneer cannot check or verify the authenticity of the chassis or VIN number under which a vehicle is offered, but relies on the Seller’s description. Buyers should take particular care to verify in advance the authenticity of a vehicle that is claimed to have important racing, rallying or ‘ex-works’ history as it was common in period for a competition vehicle of a single identity to have more than one chassis, body or other mechanical components. This may have happened several times, both in a vehicle’s ‘works’ career and thereafter in private owner hands. Sometimes ‘works’ vehicles were fitted with different registration plates, so that a vehicle could meet a particular event’s start date deadline. These historical factors may lead to there being in existence multiple and competing claimants to the same vehicle identity.
If the Seller wishes to retain the registration number of a Lot, it is the Seller’s responsibility to notify the Auctioneer in writing on the Entry Form. It is the Seller’s responsibility to take all necessary steps to ensure that the current registration number is retained and a new number allocated prior to the Lot being sold. If the Seller does not do so, the Auctioneer shall not be responsible for any loss or damage whatsoever and howsoever arising out of the Seller’s loss of the right to the registration number following the sale of the Lot.
The Auctioneer shall be under no liability for any injury, damage or loss sustained by any person while on the Auctioneers premises (including any premises where a sale may be conducted or where a Lot, or a part of a Lot, may be on view from time to time) except for death or personal injury caused by the negligence of the Auctioneers or its employees and agents in the course of their duties to the Auctioneers.
The buyer shall pay the hammer price together with a premium thereon of 15% including VAT.
6. Value Added Tax
Value Added Tax on the hammer price is imposed by law on all items affixed with an asterisk or double asterisk. Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by buyers of relevant Lots. (Please refer to "Information for Buyers" for a brief explanation of the VAT position).
On the fall of the hammer, a contract of sale is completed between the seller and the buyer. Spicer’s Auctioneers is not a party to the contract of sale and shall not be liable for any breach thereof by the buyer or the seller.
If successful in buying a lot, please ensure that your number can be seen by the auctioneer and that it is your number that is called out. Should there be any doubts as to price or buyer, please draw the auctioneer's attention to it immediately.
• Give to us, if requested, proof of identity, and
• Pay to us the total amount due.
Any payments made by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied.
We can accept cash up to £5000, debit cards and bank transfers (BACS/IBAN).
8. Title and collection of purchases
The ownership of any Lots purchased shall not pass to you until you have made payment in full to us of the total amount due.
You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 3 working days following the day of the auction after which you shall be responsible for any removal, storage and insurance charges.
No purchase can be claimed or removed until it has been paid for.
9. Remedies for non-payment or failure to collect purchases
If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
To proceed against you for damages for breach of contract;
To rescind the sale of that Lot and/or any other Lots sold by us to you;
To resell the Lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller;
To remove, store and insure the Lot at your expense and, in the case of storage, either at our premises or elsewhere;
To charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;
To retain that or any other Lot sold to you until you pay the total amount due;
To reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
To apply any proceeds of sale of other Lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied.
We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.
10. Third Party Liability
All members of the public on our premises are there at their own risk and must note the layout of the accommodation and security arrangements. Accordingly, neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.
11. Commission Bids
Whilst prospective buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so, instructed clearly and in writing execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded, we reserve the right in our absolute discretion to prefer the first bid so made.
12. Warranty of title and availability
The seller warrants to the auctioneer and the buyer that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third-party claims.
The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers.
14. Terms of Sale
The seller acknowledges that Lots are sold subject to the stipulations of these Conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.
The Auctioneers’ Margin Scheme allows the Auctioneer to sell items without VAT on the Hammer Price. Under the Auctioneers’ Margin Scheme an amount equivalent to VAT is added to the Buyer’s Premium. This amount cannot be refunded. VAT will not be shown separately on the Buyer’s invoice.
Sellers are entitled to place reserves on any Lot they have consigned. A reserve cannot be higher than the bottom estimate advertised at the time of the Sale and may include a 10% increase at the Auctioneer’s sole discretion.
15. Descriptions and Condition
Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot.
Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently.
Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded.
A Condition Report is an honest expression of our opinion, not a statement of fact and is provided as a service to the Seller. We accept no liability for the opinions expressed in any Condition Report.
Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation.
Some furniture offered in the sale (as applicable) was not originally intended for use in a private home and will be sold under the category “works of art”. It is possible that some furniture does not comply with the Furniture and Furnishings Regulations 1989 and, for this reason, should not be used in a private home or re-upholstered. We do not provide any warranty or guarantee as to the safety of such furniture or the compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1989.
The sale of soft furnishings is strictly regulated by the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010). Any Lot found not to comply with these regulations will not be accepted for sale and must be removed at the Sellers expense or disposed of at the Sellers expense. For the avoidance of doubt, we do not conduct testing of soft furnishings for compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010) and no warranty or representation in relation to the same is accepted or given. It is the sole responsibility of the Seller to ensure compliance
INTANGIBLE ASSETS – Where any Lot comprises, or includes, any intangible asset, such as, but not limited to, goodwill, a database, website, domain name, telephone or facsimile number, the Buyer will be responsible for taking all steps necessary at the Buyer’s cost to complete the transfer of the relevant Lot. The Buyer shall be responsible for all costs related to the transfer, including any fees or professional or other costs. The Buyer shall deliver or procure the delivery to, and collection from, the Seller of all documentation that requires signature by the Seller.
If the Seller requires legal advice on any documents produced by the Buyer the Buyer shall be responsible for meeting all legal costs incurred by the Seller.
COMPUTER EQUIPMENT – Unless otherwise specified in the Sale Details, computers are sold without hard drives, operating systems, or software of any description. The Buyer undertakes to ensure that any computer systems are used only with properly licensed software. The Buyer undertakes that it will not use, copy, or release to any person, and will ensure secure deletion of, any data found on any computer or computer media purchased, and immediately advise the Seller or Agent that data was found. The Buyer agrees to indemnify the Agent and the Seller against any claims made relating to misuse of data caused by the act of the Buyer.
TRANSFER OF ANY DATABASE – If the Buyer receives from the Seller by any means any database containing personal information the following provisions will apply:
• the Seller gives no warranty as to ownership of the database or the information contained in it.
• the Seller gives no warranty that it has complied with the requirements of any relevant data protection legislation.
• the Buyer, by making an offer for the database or any equipment on which the database is contained, warrants that it requires the information for the purpose of using the Lots which it purchases and that it is registered under all relevant data protection legislation.
• the Buyer warrants that it will comply with all relevant data protection legislation applying to the transfer of the database and that it will seek the consent of every person on the database to the transfer.
• the Buyer warrants that it will delete all personal information contained on any database for those people who do not consent, or if so, requested any person on the database.
• the Buyer hereby indemnifies the Seller and the Agent against any claims, losses, damages, costs (including all legal fees) and expenses incurred by or awarded against the Seller or the Agent arising out of or in connection with the processing of the any data on the database except to the extent that the claims against the Seller have arisen out of or in connection with any negligence or wilful default of the Seller.
Any Lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 21 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the Lot is a deliberate forgery, we shall refund the money paid by you for the Lot including any buyer's premium provided that;
(1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or
(2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition.
The right of return provided by this Condition is additional to any right or remedy provided by law or by these Conditions of Sale.
17. Artist Resale Rights
If you buy a work of art by a living artist or an artist who has died in the last 70 years, which costs more than the UK sterling equivalent of €1,000, you will have to pay a royalty relating to the Artists Resale Right Regulations 2006. The royalties are administered by the Design and Artists Copyright Society (DACS), or the Artist’s Collecting Society (ACS), and no handling costs are retained by Spicer’s.
Items that may qualify for this royalty are marked in the catalogue with a tick next to the lot number.
The current royalty charge for qualifying items over €1,000 are:
Up to €50,000 – 4%
€50,000.01 to €200,000 – 3%
€200,000.01 to €350,000 – 1%
€350,000.01 to €500,000 – 0.5%
Exceeding €500,000 – 0.25%
Royalty charges are calculated using the Euro to UK sterling exchange rate on the day of the sale.
It is your responsibility to obtain the correct import/export licenses and CITES (Convention on International Trade in Endangered Species) licenses for items which you are buying. Spicer’s take no responsibility for the export of goods which you have bought. It is entirely the responsibility of the buyer to acquaint himself with the precise Foreign Currency to UK sterling exchange rate on the day of the sale in this regard and the auctioneer accepts no responsibility whatsoever if the qualifying rate is different to the rate indicated.
Clients intending to import/export any item derived from natural history specimens into/from a non-European country should first check for any Import/Export and possession restrictions prior to bidding/selling.
Certain species are also subject to CITES regulations when exporting/importing these items out of the EU. CITES regulations are given on www.ukcites.gov.uk
19. Online Bidding
We offer an online bidding service via Spicersauctioneers.com, Easyliveauction.com and Thesaleroom.com for bidders who cannot attend the sale.
Bidding through Spicer’s Auctioneers.com will incur a 3% surcharge plus VAT
Easy Live - Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3% commission charge plus VAT at the rate imposed on the hammer price or no commission for the internet bidding if the ‘Flat Fee’ has been chosen at registration.
The Saleroom – Please note that any lots purchased via thesaleroom.com live auction service will be subject to an additional 4.95% plus VAT.
20. Postage and Packing
Spicer’s can only offer shipping in padded envelopes in either large letter size (750g, 35.3cm x 25cm x 2.5cm) £15 plus £3 VAT or small parcel (2kg, 45cm x 35cm x 16cm) £20 plus £4 VAT. Any packing and handling of purchased lots by the Auctioneers’ staff is undertaken solely as a courtesy to clients.
We may be able to offer ‘pack, weigh, measure’. A service for buyers to arrange their own collection couriers. Spicer’s will charge £12 plus VAT for this service to pack securely using our own materials, weigh the package, take dimensions. Email these to the buyer who can source their own courier service, then advise Spicer’s returning a delivery note to be printed and applied to the package, securely sealed and await collection by the appointed service.
We may not, for legal reasons or our own policy offer shipping, packing or postage of certain items. The potential purchaser should check in advance of bidding if there are concerns about receiving their purchased goods. It is the buyer’s responsibility to ensure they can receive their purchased items.
We have a list of recommended couriers which buyers can request, to ensure their Lot’s can be received to their appointed destination. This list is not exhaustive. We will work with buyers to be as helpful and supportive as staff time and availability will allow at our discretion.
In no event will the Auctioneers be held responsible for damage incurred by their packing and handling of sold lots and therefore any claims will be made solely by the purchaser. We can provide details of a courier on request.
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
All Buyers must be over the age of 18 to bid for any Lot.
Any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these Conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate. Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them.
Where Lots are sold on the instruction of an insolvency practitioner advising, or appointed to, a Seller, the insolvency practitioner acts solely as agent for the Seller and shall be under no personal liability whatsoever in respect of the sale.
Any notice to any buyer, seller, bidder or viewer may be given by email in the first instance or post, in either case it shall be deemed to have been received by the addressee within 48 hours.
Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue.
Spicer’s Auctioneers will dispose of items from house clearances which, in our opinion and at our sole discretion, are of no saleable value, these may be donated to charity or to waste disposal services. A charge for disposal will be made for this service.
Any indulgence extended to bidders’ buyers or sellers by us notwithstanding the strict terms of these Conditions or of the Terms of Consignment shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these Conditions shall be construed as having full force and effect.
English law applies to the interpretation of these Conditions.
Based upon recommended Conditions of Sale by Society of Fine Art Auctioneers and Valuers and the Royal Institute of Chartered Surveyors.
In line with government legislation, we expect all staff and clients to adhere to social distancing measures. Whilst providing PPE, adequate space and limiting numbers, we expect a level of responsibility to be held by those on site. Where possible, it is requested that card payments or BACS/IBAN transfers are made as opposed to cash, and that caution is taken when making transactions in order to limit and prevent any contact. Digital temperature checks will be made on entry, with any temperatures of 37.8C or greater being declined entry. If you have had any symptoms, or have been in contact with anyone with symptoms in the last 14 days, we politely ask that you stay at home, make use of our live online bidding sites and strictly do not attend the auction.
Vendors: - We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make minimum warehousing charge of £5 per lot per day. Unsold lots are subject to the same charges if you do not remove them within in a reasonable time of notification. If not removed within three weeks we reserve the right to sell them and defray charges from any net proceeds of the sale or at your expense to consign them for disposal.
Buyers: - Goods will be stored free or charge for 5 working days following the auction. Storage fees of £50 per month or part thereof plus VAT will be applied for non-collection. Each additional month goods remain uncollected a further £50 will be charged on a monthly basis.
Notification to collect will be sent with initial invoices. It is the buyer’s responsibility to advise Spicer’s of collection arrangements and adhere to the collection period. Collections may be made in person or by nominated courier. Buyers should ensure their communication information is up to date and any changes advised which may impact on payment or storage.
Non-payment of storage costs, non-collection, non-communication may result in the Lot/s being reoffered for sale.
24. Catalogue practice and terminology for paintings
Terms used in this catalogue have the meanings ascribed to them below and any statement as to authorship, attribution, origin, date, age, provenance and condition, is an opinion and is not to be taken as a statement or representation of fact. Buyers are advised to inspect the property themselves. Written condition reports are usually available on request.
Full Name(s) or recognised title of an artist, without any qualification: - In our opinion a work by the artist.
Initials of the forename(s) and the surname of the artist: - In our opinion a work of the period of the artist which may be wholly or in part his work.
‘Attributed to ….’ – In our opinion probably a work by the artist in whole or in part.
‘Manner of ….’ or ‘Circle of ….’ – In our opinion a work executed in the artists style, or showing his influence, either of the period or at a later date.
‘After ….’ – In our opinion a copy of any date of a work by the artist.
‘signed ….’ / ‘dated ….’ / ‘inscribed ….’ – In our opinion a work by the artist.
‘bears signature ….’ / ‘bears date ….’ / ‘bears inscription ….’ – In our opinion appears to be by another hand.
25. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
Spicer’s Auctioneers Ltd, November 2021.