Terms & Conditions for Sellers

Terms and Conditions of Sale Applicable to Vendors

No goods accepted by Bamfords other than under these terms and conditions of sale.
The Auctioneer, Bamfords Auctioneers & Valuers Ltd, hereafter referred to as Bamfords, acts as agent for the vendor. The contract for sale of property is therefore made between the Vendor and the Buyer, and as such, Bamfords is not responsible for any default by Vendor or Buyer.
Terms Our vendor commission rates are 20% of the hammer price plus £3.00 lotting fee for general sales and £6.00 lotting fee for specialist sales, this includes commission, insurance, photography, cataloguing and marketing on all of our online websites and selling platforms. All our charges are subject to VAT. The minimum charge whether sold or unsold is £5 per lot (non catalogued sales) and £10 per lot (catalogue sales).
1. Default Bamfords disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out the vendor until payment is received and funds are cleared from the buyer.
2. Lot Examination, description and estimates. (a) Bamfords will provide a free standard examination of the seller’s lot which does not include tests or in depth investigation. Bamfords may recommend further research and tests which may incur extra costs. Such undertakings by Bamfords shall be at the seller’s expense. Identification and description of the lot is a statement of opinion by Bamfords and is made for the purposes of the seller. Until the lot is entered for sale, the basic description given by Bamfords is not binding. (b) Estimates. Estimates are made for indicative purposes only and are merely a statement of the auctioneer’s opinion based on a variety of factors such as the item’s market value at the time of the sale, quality, rarity, etc. The seller accepts that any estimate or valuation provided by Bamfords is a genuinely held opinion only and can in no way be considered as a guarantee of the selling price or value of the item. Estimates do not include Seller’s Commission or VAT. Bamfords shall not be held responsible if a Lot does not sell within the range of the provided estimate and by no means can the sale be cancelled by the seller in such circumstances. 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 27 (Cancellation), of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. Vendors should note that notwithstanding any other terms of these conditions, the vendor(s) may in certain circumstances be liable to Purchaser(s) in respect of disputed catalogue descriptions, even though they have been made innocently and in good faith. Marketing and any promotion of a lot(s) in any medium is at the sole discretion of Bamfords. Bamfords shall own the copyright on all images, illustrations and written material produced by or for Bamfords relating to a Lot, including catalogue contents. The Seller shall not use the said materials without the prior consent of Bamfords.
3. Warranty of Title a) The vendor warrants to Bamfords and the buyer that he is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the goods free from any third party claims
b) The vendor warrants to Bamfords its servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach of (a) above on the part of the vendor.
4. Instruction As Bamfords are Auctioneers, all goods delivered to their premises will be deemed to be delivered for sale by auction unless otherwise stated in writing. All goods will be entered in those sales which Bamfords consider suitable, sometimes within three days of delivery, and sold at the auctioneers discretion. All goods are accepted by Bamfords subject to their conditions of sale. By delivering goods to Bamfords each consignor acknowledges that he or she has accepted and agreed to be bound by all Bamford’s Conditions of Sale.
5. Collection Bamfords do not themselves usually undertake the collection of goods but will, if required, instruct a contractor on the vendor’s behalf in their capacity as agents. Bamfords disclaim all responsibility for 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 written instructions are received to the contrary, costs for these services will be deducted from the proceeds of sale.
6. Loss or Damage Bamfords disclaim all responsibility for loss or damage to goods unless caused by the direct negligence of their employees. Neither Bamfords nor any affiliated company, nor their respective servants or agents, will be liable for loss or damage to frames or glass covering prints, paintings or other works or the loss or damage to property caused by: A, any third party instructed to deal with the property with the seller’s consent; B, changes in humidity or temperature; C, normal wear and tear, gradual deterioration or inherent defect; D, errors in processing.
7. Storage Bamfords reserve the right to store or arrange for storage of delivered goods delivered to them for sale either on their own premises or elsewhere at their sole discretion. Bamfords exempt themselves from any liability for loss or damage of goods delivered to their salesrooms without sufficient sale instructions unless the loss or damage is caused by the direct negligence of Bamfords employees.
8. Unsaleable Goods Unless otherwise instructed by accompanying or previously received written notice, all goods delivered to their premises which in Bamfords opinion have no saleable value will be disposed of at Bamfords discretion where possible to a charity or as a last resort by consignment for destruction or recycling. A charge will be made for this service.
9. Right To Sell Vendors will be charged at a rate of £3 (small items) and £10 (furniture and large items) per lot per day for goods left on Bamfords premises after the vendor has stated that they wish to collect any lot or in the very unlikely event that Bamfords has requested the vendor to remove them. If the goods are not removed within twenty one days of such request Bamfords reserve the right to sell the goods at their absolute discretion without further notice in order to defray costs and storage charges.
10. Insurance Bamfords are not regulated by the F.S.A. for the provision of insurance to its clients. However, Bamfords, for its own protection, insures property consigned to it at mid pre-sale estimate, unless the item has been sold, in which instance property is insured at the hammer price, for loss, occasioned as a result of theft, fire or negligence whilst in their custody or control.
a) Unless otherwise instructed in writing, all goods on Bamfords premises and in their custody will be held insured against the risks of fire, theft following forcible entry and water damage (but not against damage caused by humidity changes) for which insurance Bamfords will charge a premium of 3%. The value of the goods so covered shall be the gross amount realised, or in the case of unsold lots the reserve, in the absence of reserve or in the case of goods withdrawn prior to sale that which the specialist staff of Bamfords shall in their absolute discretion estimate to be the lower of auction value of such goods.
b) Bamfords 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) Bamfords shall not be responsible for accidental breakage, loss or damage unless caused directly by the negligence of their employees.
d) In respect of any article delivered to Bamfords if the vendor has in force a policy or policies of insurance in which the articles is specifically mentioned being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Bamfords interest as bailees in such policy or policies.
11. Reserves All goods are offered for sale WITHOUT RESERVE at the Auctioneer’s discretion unless written instructions as to reserves are received by Bamfords prior to the commencement of the sale. Where requested, advice on reserves will be discussed and agreed. Reserves placed by telephone are accepted at the sole risk of the vendor and must be confirmed by the vendor in writing to be received by the Auctioneers prior to the commencement of sale. All reserves are subject to 10% Auctioneer's discretion. Estimates have 20% discretion. All estimates/reserves will be reduced after the initial sale if failing to sell at the Auctioneer’s discretion unless written instructions as to reserves/estimates are received by Bamfords prior to the commencement of the sale.
12. Electrical and Mechanical Goods The seller or consignor of electrical or mechanical goods warrants and undertakes to Bamfords that at the date on which the same are consigned to Bamfords or put under Bamfords control and excepted as previously disclosed to Bamfords the same are safe if reasonably used for the purpose for which they were designed and free from any defect not obvious on external inspection which could prove dangerous to human life or health and will indemnify Bamfords, its servants and agents against loss or damage suffered by any of them in consequence of any breach of the above warranty and undertaking. Bamfords reserve the right to make a minimum charge of £5.00 per item to have the goods checked by an electrician for the safety of the item.
13. 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 the vendor’s expense. We reserve the right to dispose of unsafe goods as refuse, at the vendor’s expense. The rights of disposal referred to in clause 8 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. In the case of dining chairs and similar pieces, the seat frames may be given to a buyer but the upholstery will have been removed, prior to the sale, where it does not comply with the aforementioned.
14.Unsold Items (a) Unsold lots will be automatically re-offered into the next appropriate live or online auction with the low estimate reduced by 40% and if the revised estimate is £200 or below it will be offered without reserve. If you do not wish to re-enter the lots please notify Bamfords in writing with collection instructions. (b) Storage fees: please note we reserve the right to charge for storage if lots are not collected within 10 working days, charges plus VAT will be applied at a rate of £3 (small items) and £10 (furniture and large items) If a lot remains uncollected 21 days after the date of the auction, Bamfords shall have the right to sell the lot at auction without reserve and to deduct from the ‘hammer price’ any sum owing to Bamfords as well as expenses arising from all auctions in which the lot has been included, plus storage and loss and damage warranty charges.
15 Withdrawal The withdrawal fee for a lot which has been catalogued is 25% of the reserve price or the auctioneers upper estimate of the auction value, subject to a minimum charge of £35 per lot plus VAT. This fee covers the sum of the vendor’s commission, the entry fee, the illustration cost, the loss and damage warranty, the buyer’s premium, the marketing fees and other expenses in relation to the item. VAT is applicable on all charges. Bamfords will store the withdrawn item for a period of five days with no charge, after this a storage charge will be applicable at a daily rate of £3 (small items) and £10 (furniture and large items) plus VAT for items that remain uncollected.
Unsold items and withdrawals must be collected from the saleroom, including in instances where items have been consigned to Bamfords at an offsite valuation event.
16. Indemnity The vendor shall duly indemnify Bamfords against any claim in connection with any goods sold by Bamfords on the vendor’s behalf.
17. Value Added Tax A vendor who sends for sale by auction any chattels which is an asset of his business must disclose to the Auctioneers whether or not he is registered person for Value Added Tax purposes, and, if so, his registered number and whether or not he intends to operate the special scheme covering work of arts, etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
18. The Auctioneer’s Margin Scheme allows the Auctioneer to sell items without VAT on the hammer price and under the scheme we are no longer allowed to separate the VAT from the vendor’s commission or buyer’s premium.
19. The Vendor Authorises the Auctioneers To Deduct Commission And Expenses
The vendor authorises the Auctioneer to deduct commission and expenses at the rates from the hammer price and acknowledges the Auctioneer’s right to retain premium payable by the purchaser.
20. Rights to photographs and Illustrations The vendor gives Bamfords full and absolute right to photograph and illustrate any lots 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 the connection with the auction. Bamfords will reserve the right to make a discretionary charge for any photographs used in the catalogue which will promote the items sale, prices range from £10 to £100 depending on size and format.
21. Bidding policies Bamfords shall regulate the bidding at it’s entire discretion. Neither the Seller nor anyone on behalf of the Seller shall be permitted to bid for their own Lots. Where Lots are entered with a reserve, Bamfords alone shall have the right to bid on behalf of the Seller and up to the set reserve price only. Bidding thereafter shall be incremented at the auctioneer’s discretion in response to interested third parties.
22. Payment The ‘net sale proceeds’ received from the buyer in cleared funds will be forwarded to Vendors no later than 28 working days after the auction (we endeavour to settle non specialist sales within 14 days after the auction). Where the Buyer makes a payment more than 23 days after the auction we shall send to the vendors the ‘net sale proceeds’ within 5 working days of receipt of cleared funds. The ‘net sale proceeds’ are the hammer price less commission and expenses set out in the terms of business. The vendor waives any right to interest that may be earned during the period from payment by the Buyer to receipt of the ‘net sale proceeds’ by the Vendor. Bamfords must be notified of any changes in seller’s address in writing. Where a seller is ’unknown’ at their stated address and correspondence is returned to the Auctioneers offices, Bamfords reserve the right to offer their goods for sale without reserve to be sold to the highest bidder after a period of 90 days from the date of the initial posting. Any monies realised will be held by Bamfords, until claimed by the seller. The Auctioneer reserves the right to deduct commission and expenses.
23. Due Diligence Checks and Anti-Money Laundering Procedures Bamfords will reserve the right to share vendors details in the event of possible money laundering in the event that any individual item or collection should sell for over £7000.
Under the money laundering regulations in force we are required to carry out relevant due diligence checks. This includes verifying the identity of all customers we transact with as well as any beneficial owners on behalf of whom they may transact. Vendors who are unable to or refuse to supply required identification documents and proof of address will not be able to consign to Bamfords. Copies of customer due diligence checks will be stored for as long as it is necessary to satisfy legal requirements in an appropriate storage facility, which for the avoidance of doubt may include storage solely in electronic form. We reserve the right to withhold the monies owed until the vendor provides the information necessary to complete the anti-money laundering checks.
24. Cites The seller or consigner of all goods undertakes to Bamfords that on the date on which the same are consigned to Bamfords are free from any material controlled under Cites legislation, in particular, Ivory, Rhino horn or any other material taken from endangered species whether it be animal or plant life.
25. Law and Jurisdiction The rights and obligations of the parties with respect to these Conditions of Sale and the conduct of the auction and any matters related to any of the foregoing shall be governed by and interpreted in accordance with the Law of England and Wales. For the benefit of Bamfords all bidders and sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale and Authorship warranty relate or apply.
26. Private Sales If any lot fails to sell or is subject to damage at the auction, the seller authorises Bamfords, as the seller’s exclusive agent, for a period of fourteen days following the auction to sell the lot privately for a price that will result in a payment to the seller of not less than the net amount (after commission and expenses) to which the seller would have been entitled had the lot been sold at a price equal to the agreed reserve. The Auctioneers reserve the right to deduct commission and expenses: all other items and conditions will be held to apply.
27. Cancellation In the event Bamfords becomes aware of any error or dispute of any nature during or after the auction, it may entirely at its discretion cancel the sale or reoffer and resell the Lot, whether or not title has passed to the Buyer, and up to a period of 6 months after said sale. Grounds for cancellation under the present section shall include but not be limited to: any dispute relating to the attribution or provenance of the Lot; ownership and title; fraud or deceit; lack of relevant licences or certificates; any subsequent changes in domestic or international legislations restricting the sale of export of goods etc. In the event fraud is committed, the Seller may be liable to indemnify both the Buyer and Bamfords. By no means can the Seller cancel the sale upon the fall of the hammer. However, the Seller must notify Bamfords within 28 days of any event which may give rise to a claim failing in which, Bamfords reserve the right to decline any such claim. If Bamfords has made payment for the proceeds of the sale to the Seller prior to cancellation of the said sale, the Seller shall make a full refund of the proceeds within 5 working days from notification of the cancellation by Bamfords. The Auctioneers reserve the right to cancel any sale at any time, at their sole discretion.
Bamfords would draw your attention to Terms & Conditions For Buyers & Privacy Policy