Terms of consignment for sellers

1. Interpretation

In these Terms the words ‘you’, ‘yours’, etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller’s authority to contract. Similarly the words ‘we’, ‘us’, etc., refer to the Auctioneers

2. Commission

Commission is charged to sellers at the following rates:-

(a) 15% + VAT on the first £3,000, thereafter 10% + VAT per lot

(b) £5.00 + VAT per sold lot, lotting and internet fee

(c) No minimum commission

3. Removal costs

Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We will be able to assist you with this process but any cost liability incurred to a carrier for haulage charges is solely your responsibility. This may be deducted from the proceeds of the sale if appropriate

4. Loss or damage warranty

(a) All goods on our premises or under our control are covered for loss or damage while so placed and sellers are charged at the rate of 1 ½% of the hammer price plus VAT. (b) If the owner of goods consigned instructs us in writing not to cover them, they then remain at owner’s risk unless and until the property in them passes to the Buyer or they are collected back by or on behalf of the owner, and clause 4(a) is inapplicable

5. Illustrations

The cost of any illustrations is borne by you at a nominal £10.00 + VAT per sold lot. £50 + VAT for a half page image and £90 + VAT for a full page image in a catalogue. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue

6. Minimum bids and our discretion

All lots are sold at the auctioneers discretion unless a reserve is agreed between us before the sale in accordance with clause 7. We may see Lots below the reserve provided we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. If you specifically give us a “discretion” we may accept a bid of up to 10% below the formal reserve

7. Reserves

(a) You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. These must be confirmed in writing. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve. Lots with a lower estimate of £100 or less will be sold without reserve unless otherwise instructed

(b) A reserve once set cannot be changed except with our consent

(c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally

8. Electrical items

These are subject to detailed statutory safety controls. Where such items are accepted for sale you accept responsibility for the cost of testing by external contractors. Goods not certified as safe by an electrician (unless antiques) will not be accepted for sale. They must be removed at your expense on your being notified. We reserve the right to dispose of unsafe goods as refuse, at your expense

9. Soft furnishings

The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense

The rights of disposal referred to in clause 8 and 9 are subject to the provisions of The Torts (Interference with Goods) Act 1977, Schedule 1, a copy of which is available for inspection on request

10. Descriptions

Please assist us with accurate information as to the provenance etc., of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery but we are or ought to have been aware of it

11. Unsold items

There are no unsold charges.

(a) You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business 48 hours after the day of sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply

(b) Unsold lots must be collected promptly on being so informed. We reserve the right to charge for storage after one week at a reasonable daily rate and if not removed within three weeks we reserve the right to sell them and defray charges from any net proceeds of sale or at your expense to consign them to the local authority for disposal.

12. Withdrawn items

These are liable to incur a charge of 20% plus VAT of the higher estimate if withdrawn after being catalogued

13. Conditions of Sale

You agree that all goods will be sold on our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses, liabilities and expenses incurred in respect of and as a result of any breach of this undertaking

14. Authority to deduct commission and expenses and retain premium and interest

You authorise us to deduct commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement

You authorise us in our discretion to negotiate a sale by private treaty not later than the close of business on the day following the day of the sale in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply

15. Warehousing

We disclaim all liability for goods delivered to our saleroom without sufficient sale instructions and reserve the right to make minimum warehousing charge of £5.00 per lot per day. Unsold lots are subject to the same charges if you do not remove them within 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 sale or at your expense to consign them to the local authority for disposal

16. Settlement

After sale settlement of the net sum due to you normally takes place within 18 working days of the sale (by crossed cheque to the seller) unless the buyer has not paid for the goods. In this case no settlement will then be made but we will take your instructions in the light of our Conditions of Sale. You authorise any sums owned by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 10 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale until the expiry of 18 working days from the date of sale

17. Goods accepted for sale in deteriorating condition

Although taking every care Mallams Ltd do not accept liability for the continuing deterioration of items received in poor condition and pending sale or remaining unsold. Non-exclusive examples include fragile works on paper, dry or peeling paint on canvas, moth damage to carpets, rising veneers on furniture and loose book bindings nor do Mallams Ltd accept liability for damage to plaster or gesso picture or mirror frames.

18. Data protection

Personal data obtained about you will be used in accordance to our Privacy Policy. A copy of our Privacy Policy can be found on our website www.mallams.co.uk or requested by post from our Data Officer, Catherine Leach at Bocardo House, St Michael’s Street, Oxford, OX1 2EB, or by Email from privacy@mallams.co.uk.

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