General

1. Definition

In these terms of business:

Potteries Auctions Ltd is referred to as ‘PA’.

The PA representative conducting the auction is referred to as the ‘auctioneer’.

2. Attribution and Condition of Lots

We make every effort to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot, whether or not such a statement forms part of the description of any such lot. 

Any statement made orally or in the catalogue is an opinion given after careful consideration and research.

Written condition reports are available upon request for buyers unable to attend viewing in person. We are unable to offer comprehensive condition reports on low value lots comprising multiple items.

It should be noted that pictures have not been removed from their frames unless this is specifically mentioned in the condition report. 

When bidding, you acknowledge that you are fully satisfied as to the attribution and condition of the lot.

If any damage is done to any lot at the viewing or before, during or after the sale, it shall be made good by:

• the person who caused the damage; or
• the person for whom they are acting.

PA will assess the extent of the damage to be repaired.

3. Attribution of Pictures

(a) If the forename(s) and surname of the artist are given, this indicates that in the opinion of PA the picture is a work by the named artist.

(b) If the initials of the forename(s) and the surname of the artist are given, this indicates that in the opinion of PA the picture is a work of the period of the named artist and may be wholly or in part his work.

(c) If the surname of the artist is given, this indicates that in the opinion of PA the picture is a work of the same school of the named artist, or by one of his followers, or in his style and of uncertain date.

4. Third Party Liability

Every person on PA premises before, during or after a sale shall be deemed to be there at their own risk and shall have no claim against PA in respect of any injury they may sustain or any accident which may occur.

5. Disputes

Any dispute not covered in these terms of business will be settled at the sole discretion of PA.

The Seller

6.  

a. PA sell as agents for the seller (except where PA are stated as wholly or partly to own any lot as principle). As such PA are not responsible for any default by the seller or the buyer.

b. PA reserve the right to fix a reserve price for any lot.

c.  Sellers commission rate is 16% + Vat on lots sold with a hammer price of over £61. Lots sold for £60 or less are charged at 25% + vat. There is also a lot fee of £2 + vat per lot in general auctions, and £5 + vat per lot in fine art auctions.

d. The withdrawal of lots from a sale are subject to a withdrawal fee of 25% of the lowest estimate per lot. On lots with a value of less than £40 the withdrawal fee is £3 plus vat per lot.

e. Lots with a value of £40 or less will be offered for sale with no reserve unless otherwise stated.

f. PA reserve the right to dispose of any item that in their opinion is unsaleable. Electrical goods and soft furnishings which do not comply with current legislation will not be offered at auction. Consignments will be assessed by PA and if any items are deemed unsuitable for auction they will be donated to charity at the discretion of PA. (This is usually most relevant to house clearances where there is usually an element of superfluous goods but may also be relevant to other consignments).

Payment

Once your buyer’s funds have cleared in our account we aim to pay you no later than 28 working days after the auction.

We do not pay interest on the period between your buyer’s payment and your receipt of the payment.

Please remember that you will have to pay certain charges on your sale.

We act as agents and cannot be held responsible if your buyer does not pay. We cannot pay you until we have received cleared funds.

The Buyer

7. 

The highest bidder acknowledged as such by the auctioneer will be the buyer. If any dispute arises, the auctioneer has absolute discretion to settle the matter. The auctioneer rules the bidding and bids cannot be retracted. The auctioneer reserves the right to refuse any bid. 

The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with PA terms of business. 

The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots.

8. Registration

Prospective buyers need to register with us, giving their full name, address, contact telephone number(s) and email address. First time buyers will be required to provide proof of identity (i.e. driving licence/passport), a valid debit or credit card and a copy of a utility bill or a document showing their name and address. Upon receipt of the above a buyer number will be issued, which is only valid for the current sale. This card may be used to indicate your bids to the Auctioneer during the sale. If successful, the bidder must ensure that their number can be seen by the Auctioneer and that it is their number that is called out. Should there be any doubts as to price or buyer, please draw the Auctioneer’s attention to it immediately.

9. Buyer’s Premium

Commission Charges

You will pay a premium of 25% plus VAT of the hammer price of your purchase on each lot.

10. Value Added Tax

The buyer must pay VAT at the rates that apply on the day of the auction.

11. Auctioneers Margin Scheme

This scheme allows auctioneers to sell items without VAT on the hammer price. The buyer then pays an amount equivalent to VAT. This amount cannot be refunded and is not shown separately on the invoice.

12. Payment

Buyers must pay in full before their purchases can be released to them.

Invoices that are not paid within FIVE days will incur storage charges. (See 19. Storage and Colelction). During this time PA do not accept responsibility for damage or loss of stored items. All storage charges must be paid in full before purchases can be released.

If buyers are unknown to us, we cannot hand over purchases unless we have adequate references or payment is cleared.

Payment Methods

We accept payment by:

• Cash
• Debit card
• Paypal

Please note a charge of 5% plus VAT needs to be added to Paypal payments.

• Credit card – but not American Express or Diners Club.

Please note a charge of 3 % plus VAT is added to credit card payments. 

• Bank transfer to:

Lloyds Bank plc, Fountain Square Hanley Branch, PO Box 1000 BX1 1LT

Account no.                491 982 68

Account name           Potteries Auctions Limited a/c

Sort code                    30 93 83

IBAN                           GB77LOYD30938349198268

BIC Code                  LOYDGB21080     

Please note: We no longer accept debit or credit card payments over £250 for Customer Not Present Transactions. If you are not able to pay in person at our cash office then please arrange to pay via direct bank transfer prior to goods being collected or dispatched. This also applies to buyers purchasing goods via the.saleroom.com. 

13. Internet Bidding

PA offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale.

In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Potteries Auctions Ltd:

1. Authorise Potteries Auctions Ltd, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com, and

2. Confirm that you are authorised to provide these credit card details to PA through www.the-saleroom.com and agree that PA are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 4.95% commission charge + VAT at the rate imposed on the hammer price

14.  Ownership of Purchases

Ownership of lot(s) purchased will not pass to the buyer until they have paid PA in full and PA has applied the payment to the lot.

15. Transfer of Risk

Each lot is the buyer’s sole responsibility from the fall of the hammer and is sold with all faults and imperfections.

PA is not responsible for the correct description, genuineness or authenticity of any lot and makes no warranty whatsoever. The buyer is deemed to have inspected each lot and satisfied himself as to its condition.

Written condition reports are available upon request for buyers unable to attend viewing in person. We are unable to offer comprehensive condition reports on low value lots comprising multiple items. Refunds cannot be given with regards to condition on items purchased by buyers who have viewed their purchased lots. Refunds will only be considered if a written condition report has been issued and the description of condition is not as described.

16. Commission Bids

If instructed, PA will execute bids and advise prospective buyers.  

Buyers who cannot come to a sale may leave their bid with our staff after viewing, or make their bid in advance by telephone or email. Such bids are placed at the buyer’s own risk.

Bids must be made at least one hour before the sale starts, and we advise buyers to make bids within one hour of the close of the view day.

When making bids, buyers must provide:

• Their full name
• Address
• Email address
• Contact telephone numbers
• The number of the lot they wish to buy
• Their maximum bid amount – excluding commission which will be added to the invoice afterwards.

Buyers must state what their maximum bid would be. We cannot accept an instruction to ‘buy’ or unlimited bids.

We will ensure that lots are bought as cheaply as possible depending on the bids made and other reserves. If identical bids are placed, the person who bid first will take precedence.

17. Telephone Bids

Requests for telephone bidding must be registered one hour prior to the close of the view day. Lines are booked on a first come first served basis. Full name, address and telephone numbers will be required together with proof of identity and address. Bank and credit/debit card details are also necessary. 

18. Absentee Bidding

Whilst every effort is made to execute absentee bidding, PA cannot be held responsible for any default or neglect in connection with this service. All such arrangements are made entirely at the prospective buyer’s risk.

19. Storage and Collection

Storage charges will be levied on all lots not collected within FIVE working days of the sale. This will include a handling fee of £5 plus VAT per consignment as well as a storage charge of £1 plus VAT per lot per day. No goods may be collected until these charges have been paid.

20. Droit de Suite Royalty Charges

A work of art by a living artist, or those who have died within the last 70 years, which costs more than the UK sterling equivalent of €1,000 will incur a royalty charge. We pass this payment onto the Design and Artists Copyright Society (DACS), and do not charge a handling fee. Buyers can calculate royalty charges on the DACS website.

We use the euro to UK sterling exchange rate which applies on the day of the sale. It is the buyer’s responsibility to check the relevant exchange rate.  

The actual qualifying threshold is calculated by the Artist’s Resale Right Service Hub based on the European Central Bank reference rate and can be found on the DACS website.

The royalty charge for pictures which achieve a hammer price of more than the UK sterling equivalent of €1,000, but less that the UK sterling equivalent of €50,000 is four per cent. The royalty charge is added to invoices, and must be paid before purchases are removed. VAT is not paid on royalty charges.

21.Cites License

Important Notice Relating to Sporting and Natural History

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 the EU.  CITES regulations are given on www.ukcites.gov.uk or maybe obtained from Animal Health, Wildlife Licensing and Registration Service, Zone 1/17, Temple Quay House, 2 The Square, Bristol BS1 6EB.  Those species that are covered by the US Endangered Species Act (USESA) or The Migratory Bird Treaty Act (MBTA): potential US bidders should check with USF&W (US Fish and Wildlife Services) for trade/possession restrictions in the US prior to bidding.