General Conditions of Sale

1. Definitions. In these Conditions Woolley & Wallis Salisbury Salerooms Limited who act only as auctioneers and agent for the vendor, is called the ‘Company’, and the representative of the Company conducting the auction is called the ‘Auctioneer’.

2. General. Whilst the Company makes 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 descriptions.

(b) The Company does not accept responsibility for the authenticity, attribution, genuiness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Company does so as agent of the vendor to certify, and in such case the Company does so as agent of the vendor and is not itself responsible for such claims.

(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 representations of fact by the Company, unless they have been instructed in writing by the vendor so to certify, and in such case the Company does so as agent of the vendor and is not itself responsible for such claims.

(d) Any claim under any Statute must be received in writing by the Company within ten days of sale.

3. Third Party Liability. Every person on the company's premises at any time shall be deemed to be there at his or her own risk. He or she shall have no claim against the Company 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 the Company's employees.

4. 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 to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse the bid.

(c) Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer).

(d) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the Auctioneer from the rostrum prior to any bid being accepted for the lot.

5. Rescission. Notwithstanding any other terms of these Conditions, if within fourteen days after the sale the Company has received from the buyer of any lot notice in writing that is in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to the Company in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies the company 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 the 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.

6. Default. The company disclaims responsibility for the default by either the buyer or the vendor because it acts as agent for the vendor only and therefore does not pay out to the vendor until the payment is received form the buyer. Instructions given by telephone are accepted at the sender's risk and must be confirmed in writing forthwith.

7. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale.

8. Instructions. As the Company is an auctioneer, all goods delivered to the Company's premises will be deemed to be delivered for sale by auction unless otherwise stated in writing and will be catalogued and sold at the Company's discretion and accepted by the Company subject to all the Sale Conditions. By delivering the goods to the Company for inclusion in their auction sales each vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.

9. Collections. The Company does not itself usually undertake the collection of goods. It will if requested in writing , instruct a contractor on the vendor's behalf in their capacity as agents. The Company disclaims all responsibility for the loss or damage to goods or for unauthorised removal of goods and for damage to premises caused by the contractor who should be insured for such risks. Unless instructions are received to the contrary the charge for these services will be deducted from the proceeds of sale.

10. Loss or Damage. The Company disclaims all responsibility for loss or damage to goods or for unauthorised removal of goods unless caused by the direct negligence of its employees.

11. Storage. The Company reserves the right to store or arrange for the storage of goods delivered to it for sale either on its own premises or elsewhere at its own discretion. The Company exempts itself from any liability for loss or damage to goods delivered to its salerooms without sufficient sale instructions and reserves the right to make a minimum storage charge of £2 per lot per day for such goods (unless the loss or damage is caused by negligence of its employees).

12. Right to Sell. Vendors will be charged for goods left on the premises if the vendor has been requested to remove within twenty-one days of such request the Company reserves the right to sell the goods to defray costs and storage charges.

13. Insurance.

(a) Unless otherwise instructed in writing all goods on the Company's premises and in its custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against accidental breakage or damage) for which insurance the Company will charge a premium of 1.5%. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the best bid, or in the case of goods withdrawn prior to a sale that which the specialised staff of the Company shall in their absolute discretion estimate to be the auction value of such goods.

(b) The Company 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) The Company shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of its employees.

(d) In respect of any article delivered to the Company if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note the Company's interest as bailees in such policy or policies.

14. Reserves.

(a) All goods are put up for sale WITHOUT RESERVE at the Auctioneer's discretion unless written instructions as to reserves are received by the Company prior to the commencement of the sale.

(b) In the event of any reserve price not being reached at auction the Company is empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on the Company's premises. In the event of such a sale by private treaty the Conditions of Sale applicable to a buyer governing the auction will apply.

15. Indemnity. The vendor shall duly indemnify the Company against any claims in connection with any goods sold by the Company on the vendor's behalf.

16. Value Added Tax. A vendor who sends for sale by auction any chattel(s) which is an asset of his business must disclose to the Auctioneer whether or not he is a registered person for Value Added Tax (Vat) purposes and, if so, his registered number and whether or not he intends to operate the special scheme covering the works of art, etc. This information must be supplied to the Company on or prior to delivery of the goods.

17. The vendor authorises the Company to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Company's right to retain any premium payable by the purchaser.

18. Rights to Photographs and Illustrations. The vendor gives the Company 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).

19. Where a buyer cancels instructions for sale for any reason apart from misattribution or authenticity, Woolley & Wallis reserve the right to charge a fee equal to 10% of the reserve prices or the low estimate if no reserve has been agreed, together with any expenses incurred in relation to the withdrawn property.

BUYER'S CONDITIONS

20. Inspection. Each buyer by making a bid for a lot acknowledges that he satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions 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.

21. Property and Risk. Legal title will not pass to the buyer until the lot(s) has been paid for in full and the Company shall be entitled to a lien on any sold until the purchase price (as defined in 22 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 or her full name and permanent address and if called upon to do so shall forthwith pay to the Company such proportion of the purchase price as the Company's sole discretion be put up again and re-sold.

22. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by the Company that he acts as an agent on behalf of a named principal.

23. 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 second working day after the sale, failing which the Company 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 warehousing charge. If they are not paid for and removed within seven days of the sale the Company may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the Company 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 buyers to comply with any of the above conditions the damages recoverable by the seller 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 any money deposited in part payment shall be held by the Company on account of any liability of the defaulter to them or to the seller. The Company is unable to accept payment from successful bidders other than in cash or by the bidder's own cheque. Cheques drawn by third parties, whether in the Company's favour or requiring endorsement, cannot be accepted.

24. Purchase Price. Each lot is subject to a Buyer's Premium of 19.5% plus Vat at 17.5%. The vendor authorises the Company to deduct commission and expenses at the stated rates from the hammer price and acknowledges the Company's right to retain the premium payable by the purchaser.

PAINTINGS, DRAWINGS, LITHOGRAPHS, ENGRAVINGS AND PRINTS

In accordance with long standing practice in Fine Art Sale Rooms certain terms used in descriptions in the Catalogue have the meanings ascribed to them in the glossary below.

Glossary

Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of fact. The Company reserves the right, in forming their opinion, to consult and rely upon any expert or authority considered by them to be reliable.

(a) Edward Lear: In our opinion a work by the artist. (When the artist's forename(s) is not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist named.

(b) Attributed to Edward Lear: In our opinion probably a work by the artist but less certainly as to authorship is expressed than in the preceding category.

(c) Studio of Edward Lear: In our opinion a work by an unknown hand in the studio of the artist which may or may not have been executed under the artist's direction.

(d) Circle of Edward Lear: In our opinion a work by an as yet unidentified but distinct hand, closely associated with the named artist but not necessarily his pupil.

(e) Style of …; Follower of Edward Lear: In our opinion a work by a painter working in the artist's style, contemporary, but not necessarily his pupil.

(f) Manner of Edward Lear: In our opinion a work in the style of the artist and of a later date.

(g) After Edward Lear: In our opinion a copy of a known work artist.

(h) The term signed and / or dated and / or inscribed means that in our opinion the signature and / or inscription are from the hand the artist.

(i) The term bears a signature and / or date and / or inscription means that in our opinion the signature and / or date and / or inscription have been added by another hand.

(j) Dimensions are given height before width.

(k) Pictures are framed unless otherwise stated.

EXPORT LICENCES

European Community and United Kingdom

The following are examples of categories with the current limits above which either an EC or UK licence is required for the export of cultural goods more than 50 years old.

Archaeological Objects                                                         Zero

Elements of artistic, historical or religious monuments             Zero

Manuscripts, documents and archives                                    Zero
(excluding printed matter)

Architectural, scientific and engineering drawings
produced by hand                                                                £10,200

Photographic positive or negative or any assemblage of
such photographs                                                                £10,200

Textiles (excluding carpets and tapestries)                             £34,300

Paintings in oil or tempera                                                    £103,000

Watercolours, gouache and pastels                                        £20,600

Prints, Engravings, Drawings and Mosaics                               £10,200

An EC licence is required for the export from the European Community of cultural goods controlled by EC regulations. A UK licence is required for the export from the UK to another member state of the EC of all cultural goods valued at or above the UK licence limit but below the EC licence limit. EC and UK licences are issued by the Department of National Heritage.

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