Lyon & Turnbull

Conditions of Sale

UK - Conditions of Sale for Buyers

The Auctioneer carries on business with bidders, Buyers and all those present in the auction room prior to, or in connection with, a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein.

1. DEFINITIONS

In these Conditions of Sale (Buyers):
"Auctioneer" means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or its authorised auctioneer, as appropriate;
"Hammer price" means the level of bidding reached (at or above any reserve) when the Auctioneer brings down the hammer;
"Lot" means each Item offered for sale by Lyon & Turnbull;
"Purchase Price" is the Hammer Price and applicable Buyer's Premium;
"Reserve" means the lowest price below which an item cannot be sold;
"Total amount due" means the hammer price in respect of the lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
“You”, “Your” means the Buyer
“Us”, “Our”, “We” etc. refers to Lyon & Turnbull Ltd
The singular includes the plural and vice versa as appropriate.

2. AGENCY

Lyon & Turnbull acts as agent solely for and in the interests of the Seller.  We do not act for Buyers in this role and does not give advice to Buyers.  When Lyon & Turnbull make a statement about a lot it is doing so on behalf of the Seller of the lot. 

The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.

3. BIDDING PROCEDURES AND THE BUYER

(a) Bidders are required to register their particulars before bidding and to satisfy any security and credit references or arrangements before entering the auction room to view or bid;

(b) High Value Lots and High Cumulative Value of Lots: If you wish to bid on any High Value Lot (a lot with a lower estimate of £30,000 or above) or if you are bidding on several lots with a total lower estimate value of £30,000 or above, you are invited to complete the High Value Lot pre-registration. After you have successfully registered as a bidder with Lyon and Turnbull, you should complete the High Value Lot pre-registration before the date of sale by contacting the Office Manager or on the date of sale at the registration area. Unless otherwise agreed by us, you will be permitted to bid for High Value Lots only if Lyon and Turnbull has confirmed your payment of deposit and your completion of the High Value Lot pre-registration before the sale. The Deposit required will be 10% of the lower estimate. Upon pre-registration, you should pay the deposit or such other sum as determined by Lyon and Turnbull dependant on circumstances, by way of bank transfer or credit card(s) acceptable to Lyon and Turnbull. Please note that Lyon and Turnbull does not accept payment from third parties and this also applies to agents.

If you are not successful in any bid and do not owe Lyon and Turnbull any debt, the deposit will be refunded to you by way of wire transfer or such other methods as determined by Lyon and Turnbull. Please make sure that you provide your bank details in the pre-registration form. The exchange rate provided to us by the bank on the date of exchange is final. We will arrange to refund the deposit to you within seven days after the date of sale, however we do not guarantee when you will receive the payment due to the variance in time for banks to process fund transfers.

Upon successful pre-registration, you will be given a numbered High Value Lot paddle for identification purposes. The auctioneer will usually only accept bids made with the High Value Lot paddle or by its High Value Lot registered bidder. This applies to saleroom, telephone and absentee bids. 
Lyon and Turnbull has the right to change the High Value Lot pre-registration procedures and requirements from time to time without notice.

(c) The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer's absolute discretion.
(d) Once made, no bid may be withdrawn.
(e) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any reserve.
(f) The right to refuse any bid is also reserved.
(g) Commission Bids: While 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 shall, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. 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.
(h) Telephone Bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in bidding by telephone.  We do not accept liability for failure to do so or for errors and omissions in connections. 
(h) Online Bidding: We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding. 

4. INCREMENTS

Bidding increments shall be at the Auctioneer's sole discretion.

5. THE PURCHASE PRICE

For each lot purchased a Buyer's Premium of 25% of the hammer price of each lot up to and including £100,000, plus 20% from £100,001 thereafter. VAT at the appropriate rate is charged on the Buyer's Premium. No VAT is payable on the hammer price or premium for printed books or unframed maps bought at auction.

Live online bidding is subject to an additional 3% premium (charged by the live bidding service provider Invaluable).  This additional premium is subject to VAT at the appropriate rate as above. 

6. VALUE ADDED TAX

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.
(1) Lots affixed with (†):  Value Added Tax on the hammer price is imposed by law on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme. 
(2) Lots affixed with (*): A reduced rate of Value Added Tax on the hammer price of 5% is payable.  This indicates that a lot has been imported from outwith the European Union.  This reduced rate is applicable to Antique items. 
(3) Lots affixed with [Ω]: Standard rate of Value Added Tax on the hammer price and premium is payable.  This applies to items that have been imported from outwith the European Union and do not fall within the reduced rate category outlined above. 

7. DROIT de SUITE

This symbol § indicates works which may be subject to the Droit de Suite or Artist's Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the hammer price and in addition to the Buyer’s premium. It will not apply to works where the hammer price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’) and no handling costs or additional fees are retained by the auctioneer. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.

8. PAYMENT

(1) Within 7 days of a lot being sold you will:  
(a) Pay to us the total amount due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. We do not accept American Express.
(b) Please note there is a surcharge of 2% when using credit cards.
(c)  Please note that we do not accept cash payments over £5,000. 

(2) Any payments by you to us may be applied by us towards any sums owing by you to us howsoever incurred and without agreement by you or your agent, whether express or implied.

9. TITLE AND COLLECTION OF PURCHASES

(1) 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.
(2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any cheque used for payment whichever is later. We can provide you with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us. 
(3) No purchase can be claimed or removed until it has been paid for.
(4) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for lots not collected by the appropriate time.
(5) Export of goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn.   It is the buyer’s sole responsibility to obtain any relevant export or import licence.  The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the lot. 

10. REMEDIES FOR NON·PAYMENT OR FAILURE TO COLLECT PURCHASES

(1) 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 Sellers and on their 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:
(a) to proceed against you for damages for breach of contract;
(b) to rescind the contract for sale of that lot and/or any other lots sold by us to you;
(c) 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).
(d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and to recover from you all costs incurred in respect thereof;
(e) to charge interest at a rate not exceeding 1.5% per month above the current base rate on all sums outstanding for more than 7 working days after the sale;
(f) to retain that or any other lot sold to you until you pay the total amount due;
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) to apply any proceeds of sale of other lots due or which become due to you towards the settlement of the total amount due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied.

11. DESCRIPTIONS AND CONDITION

 (1) 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 only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the lot and should not be relied upon as indicative of the overall condition of the lot. 

(2) Condition reports: Condition reports are provided on our website or upon request.  The absence of a report does not imply that a lot is without imperfections.  Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavor to respond to all requests although we offer no guarantee.  Any statement in relation to the lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the lot.  Lots are available for inspection prior to the sale and you are strongly advised to examine any lot in which you are interested prior to the sale.  Our condition reports are not prepared by professional conservators, restorers or engineers.  Our condition report does not form any contract between Lyon & Turnbull and the Buyer. The Condition Reports do not affect the Seller’s obligations in any way. 

(3) Estimates: Estimates are placed on each lot to help Buyers gauge the sums involved for the purchase of a particular lot.  Estimates do not include the Buyer’s Premium or VAT.  Estimates are a matter of opinion and prepared in advance.  Estimates may be subject to change and are for guidance only and should not be relied upon.

(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change.  Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware to any alterations which may have occurred.

(5) Electrical Goods: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.

(6) Upholstered items: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations (items manufactured prior to 1950 are exempt from any regulations). Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.  Lyon & Turnbull provide no guarantee as to the originality of any wood/material contained within the item. 

(7) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our terms and conditions of sales.

12. BOOKS, CLOCKS & WATCHES

(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots sold for less than £300.

(2) Clocks & Watches: All lots are sold “as seen”, and the absence of any reference to the condition of a clock or watch does not imply the lot is in good condition and without defects, repairs or restorations. Most clocks and watches will have been repaired during their normal lifetime and may now incorporate additional/newer parts. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Buyers should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed.  Buyers should be aware that the importing watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches cannot be shipped to the USA and only imported personally.

13. CITES

Please be aware that all lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites

Lyon & Turnbull accepts no liability for any lots which may be subject to CITES but have not be identified as such. 

14. SALE BY PRIVATE TREATY

(a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) Lyon & Turnbull undertakes to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.

15. THIRD PARTY LIABILITY

All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale. 

16. GENERAL

(a) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
(b) Any notice to any Buyer, Seller, bidder or viewer may be given by email if not available then first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to Gavin Strang at 33 Broughton Place, Edinburgh EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights.
(f) The contract between the parties may be varied by the parties by agreement and in writing.

17. DATA PROTECTION

In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law. 

If you would like further information on Lyon & Turnbull policies on personal data, or to make corrections to your information, please contact us on 0131 557 8844.

18.  FORCE MAJEURE 

Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. 

19.  LAW AND JURISDICTION

(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland 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 relate or apply.


UK - Conditions of Sale for Sellers

1. DEFINITIONS

In these Conditions of Sale (Sellers):
"Auctioneer" means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR)  or its authorised auctioneer, as appropriate;
"Buyer" is the person who makes the highest possible bid or offer accepted by the auctioneer, and/or such person's principal where bidding as agent;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Guide to Prospective Buyers and an amount in respect of applicable VAT;
"Hammer Price" is the highest bid accepted by the auctioneer by the fall of the hammer or in the case of a post-auction sale, the agreed sale price;
"Item" means each and every item consigned for sale following express written agreement between Lyon & Turnbull and the Seller;
"Lot" means each Item offered for sale by Lyon & Turnbull;
"Lower Estimate" means the low estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Lyon & Turnbull" means the company which has its registered office at 33 Broughton Place, Edinburgh, EHI 3RR registered in Scotland No. 191166
"Net Sale Proceeds" are the Hammer Price, less commissions and other charges, of the Lot sold, to the extent received by Lyon & Turnbull in cleared funds;
"Proposed Sale" means the intended sale through which the items will be sold on
"Purchase Price" is the Hammer Price and applicable Buyer's Premium;
"Reserve" means the lowest price below which an item cannot be sold;
"Terms of consignment" means the stipulated terms and rates of commission on which the Auctioneer accepts instructions from Sellers or their agents;
"Upper Estimate" means the high estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Without reserve" where there is no minimum price at which a lot may be sold (whether at auction or private treaty);
“You”, “Your” means the seller. The Seller means you are the owner of the lot or, if you are not the owner of the lot (whether or not you have notified us that you are acting as an agent for a principal), you are duly authorised by the owner of the lot to sell it. 
“Us”, “Our”, “We” etc refers to Lyon & Turnbull Ltd
The singular includes the plural and vice versa as appropriate.

2. WARRANTY OF TITLE AND AVAILABILITY

The Seller warrants:-
(a) that you are the true owner of the property consigned or are properly authorised by the true owner to consign it for sale and are able to transfer good and marketable title to the property free from any third party claims.
(b) that all requirements have been complied with, legal or otherwise, relating to any export or import of the property consigned, all duties and taxes in respect of the export or import of the lot have (unless agreed in writing with us) been paid and, so far as you and any principal for whom they are acting in relation to the lot are aware, all third parties have complied with such requirements in the past.
(c) that you have provided  Lyon & Turnbull  with any and all information concerning  the item’s provenance or any concerns  expressed by third  parties  concerning  its ownership, condition, authenticity, attribution, and export or import history; and
(d) Unless the Seller advises Lyon & Turnbull in writing to the contrary on delivery of the item to Lyon & Turnbull, there are no restrictions on Lyon & Turnbull rights to reproduce photographs or other images of the item in connection with the sale or any other marketing which will be done in accordance with good taste and decency.

3. PREPARATION FOR SALE

(a) Lyon & Turnbull  shall decide the way in which a lot may be included  in the sale, how any lot is described and illustrated in the catalogue  or any report, and the marketing, promotion, date, place and conduct of the sale.
(b) Lyon & Turnbull  will instruct, consult  with, and  rely  on, any  outside  experts  or  restorers, agents  or other  third  parties, and  carry  out such other  due diligence, inquiries, research or tests  in relation  to the property or its provenance, either  before  the Proposed Sale as it may deem appropriate in its reasonable discretion.
(c) Any oral or written estimate or evaluation or report provided by Lyon & Turnbull is a genuinely held opinion only.  It may not be relied on as a prediction of the selling price or value of the Item, and may in Lyon & Turnbull’s absolute discretion be revised at any time.
(d) The Seller acknowledges that attribution of Items is a matter of opinion and not of fact, and is dependent upon (amongst other things) information provided  by the Seller, the condition  of the property, the degree of research, examination or testing that is possible or practical  in the circumstances, and the status of generally accepted expert opinion at the time of cataloguing.

4. TERMS OF SALE

The Seller acknowledges that lots are sold subject to these Conditions  and on the Terms of Consignment as notified to the consignor at the time of the entry of the lot.

5. STANDARD SELLER  FEES AND CHARGES (Subject to VAT)

(1) Commission: 15% is charged on the selling price of each lot, (subject to a minimum charge of £45). Loss and damage warranty: 1.5% on value of lots sold. Photography: min charge £30. Online Listing: £10 per lot.

(2) Transport:  Items for sale must be consigned to the sale room by any stated deadline and at your expense. We may be able to assist you with this process.  When organised on the Seller’s behalf the provision of transport will be contracted to third parties.  Fees for transport will be deducted at the initial settlement. 

(3) Illustrations: The cost of any illustrations will be borne by the Seller , unless agreed otherwise prior.  The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue.

6. 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. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve.  A lot will be sold without reserve unless a reserve has been agreed.
(b) Firm reserves may be no greater than lower pre-sale estimate level.
(c) A reserve once set cannot be changed except with our agreement.
(d) You may not bid or instruct or permit any other  person  to bid on your behalf on your own property.   If the Seller breaches this prohibition, Lyon & Turnbull  may treat  the Seller as bound  as  Seller and  as  Buyer  but  without   the  benefit  of Lyon & Turnbull  Authenticity Guarantee or the reserve, and/or pursue  other remedies.
(e) We may sell lots below the reserve provided we account to you for the same sale proceeds as you would have received had the hammer price been the reserve.

7. LOSS & DAMAGE WARRANTY

(a) Subject to condition 7(c) below Lyon & Turnbull will assume liability for loss or damage to an item, commencing at the time that item is taken into physical control and possession by Lyon & Turnbull and ceasing on the earliest date of;
(i) when risk passes to the Buyer of the lot following its sale;
(ii) for unsold lots, when the lot is released to the Seller, or, within 3 months of the sale;or
(iii) 6 months from the date of delivery to Lyon & Turnbull for items still in the possession of Lyon & Turnbull but not consigned for sale (unless part of a long-term storage agreement).
(b) Lyon & Turnbull shall charge a loss and damage warranty fee of 1.5% of the hammer price, plus VAT.
(c) If any loss or damage should occur to the lot during the period identified in paragraphs (a) above, Lyon & Turnbull’s liability to compensate the Seller in respect of that loss shall be restricted to a maximum of the upper estimate,  or actual loss incurred, whichever is lower.  This compensation will be subject to a deduction of a 1.5% loss & warranty fee (subject to VAT).

8. UNSOLD ITEMS

(1) If an item is unsold it may, with your consent, be re-offered at a future sale. Where in our opinion an item is not suitable for a future sale we may either request (a) you collect such items from the saleroom promptly on being so informed. We shall be entitled to charge you for storage costs, charges shall be made at a reasonable daily rate;or (b) suggest that the item be transferred to a secondary saleroom for sale without reserve.  All transferred lots will be sold for the best price on the day, this may not bear any reflection on the item’s original estimate.  Lyon & Turnbull are not liable for any items (whether it be selling price or loss & damage) when transferred. 

(2) Aftersales: We reserve the right to accept an after-auction offer on a lot on behalf of the seller, at the agreed reserve price or above, for up to 48 hours after the original 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 Conditions apply. 

9. LOT WITHDRAWAL

If a Seller wishes to withdraw a lot organised for sale, a withdrawal fee will apply;
(a) if withdrawn over 28 working days prior to the sale, this will be charged at 10% of the mid estimate along with any ancillary charges incurred (such as photography), all subject to VAT at the current rate.
(b) if withdrawn within 28 working days of the sale, this will be charged at 20% of the mid estimate along with any ancillary charges incurred (such as photography), all subject to VAT at the current rate.
(c) Lyon & Turnbull may withdraw a lot from the proposed sale without any liability if:
(i) Lyon & Turnbull reasonably believes that there is any doubt as to the lot's authenticity or attribution; or
(ii) it reasonably doubts the accuracy of any of the Seller's warranties; or
(iii) the Seller breaches any provisions of the Conditions of Sale in any material respect; or
(iv) the lot suffers from loss or damage so that it is not in the state in which it was when Lyon & Turnbull took delivery of it.
(d)  if an item is withdrawn from sale under Condition 9(c) (i), or (iv), the Seller shall not be charged a withdrawal fee and the item shall be returned to the Seller or dealt with pursuant to Clause 8, as the Seller decides.

10. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST.

The Seller authorises us to deduct commission at the stated rate, and all expenses incurred for your account from the hammer price, and consents to our right to retain beneficially the premium paid by the Buyer in accordance with these Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.

11. NON-PAYMENT BY THE BUYER

(a) Lyon & Turnbull will, where it considers appropriate, take reasonable steps to investigate the ability of bidders to pay for lots and will use reasonable endeavours, in consultation with the Seller, to enforce payment of the Hammer Price by any Buyer.
(b) Lyon & Turnbull, in consultation with the Seller, will decide whether to pursue any of the remedies available to it, including those set out in Condition 10 of the Condition of Sale (Buyers) including the right to cancel the sale and return the property to the Seller. Lyon & Turnbull will inform the Seller of any action which it contemplates taking against the Buyer.
(c) lf the Seller elects to take action against any Buyer on its own behalf Lyon & Turnbull will provide the Seller with such assistance as may be reasonably necessary to pursue that action.
(d) The Seller hereby agrees to inform Lyon & Turnbull of any action which it chooses to take against the Buyer to enforce payment of the amount due to the Seller.
(e) In the event that a Buyer fails to pay for a lot in accordance with the Conditions of Sale for Buyers, that lot will be treated in the same way as an unsold or collected lot. 

12. SETTLEMENT PAYMENTS

Subject to full payment by the Buyer, payment of the net proceeds of sale due to you will be made over to you 28 working days following a sale. Provided we have received cleared funds.  Payment will be made by cheque or BACS (if requested).

13. SALE BY PRIVATE TREATY

(a) The same Conditions of Sale (Sellers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) Lyon & Turnbull  undertakes to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.

14. THIRD PARTY LIABILITY

All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale. 

15.  GENERAL

(a)  We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
(b)  Any notice to any Buyer, Seller, bidder or viewer may be given by email, or if not available then first class mail, in which case it shall be deemed to have been received by the addressee 48 hours after posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to Gavin Strang at 33 Broughton Place, Edinburgh EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent, but are binding on the seller's successor and representatives. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights.
(f) The contract between the parties may be varied by the parties by agreement and in writing.

16.  AGENCY

Lyon & Turnbull acts as agent solely for and in the interests of the Seller.  We do not act for Buyers in this role and does not give advice to Buyers.  When Lyon & Turnbull make a statement about a lot it is doing so on behalf of the Seller of the lot. 

The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.

17.  DATA PROTECTION

In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Seller to provide personal information about themselves or obtain information about the Seller from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law. 

If you would like further information on Lyon & Turnbull policies on personal data, or to make corrections to your information, please contact us on 0131 557 8844.

18.  LAW AND JURISDICTION

(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law
(b) Jurisdiction: The Seller agrees that the Courts of Scotland 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 relate or apply. 


HONG KONG - Conditions of Sale for Buyers (HK464)

The Auctioneer carries on business with Bidders, Buyers and all those present in the auction room prior to, or in connection with, a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. 

1. DEFINITIONS

In these Conditions of Sale for Buyers (HK464): 
"Auctioneer" means Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, United Kingdon, EH1 3RR) or its authorised auctioneer, as appropriate; 
"Bidder" means a person who bids at an auction organised by the Auctioneer;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Buyer’s Guide;
“Freeman’s” means Samuel T. Freeman & Co, Lyon & Turnbull’s marketing partner, registered address 1808 Chestnut Street, Philadelphia, Pennsylvania, USA, 19103;"Hammer Price" means the highest bid accepted by the Auctioneer by the fall of the hammer or in the case of a post-auction sale, the agreed sale price;
"HKD" or "Hong Kong Dollars" means the lawful currency of Hong Kong;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Item" means each and every item consigned for sale following express written agreement between Lyon & Turnbull and the Seller;
"Lot" means each Item offered for sale by Lyon & Turnbull; 
"Lower Estimate" means the low estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Lyon & Turnbull" means the company which has its registered office at 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR registered in Scotland No. 191166 along with its Hong Kong company, Lyon and Turnbull Hong Kong Limited;
“Premium Lot” means a lot which has a Lower Estimate above HKD300,000 
"Proposed Sale" means the intended sale through which the Items will be sold on;
"Purchase Price" is the Hammer Price and applicable Buyer's Premium; 
"Reserve" means the lowest price below which an Item cannot be sold; 
"Seller" means the person who owns the Lot or the person who is duly authorised by the owner of the Lot to sell it;
"Tax" has the meaning provided in Clause 6;
"Total Amount Due" means the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions; 
“You”, “Your” means the Buyer, the person who makes the highest possible bid or offer accepted by the Auctioneer, and/or such person's principal where bidding as agent; and 
“Us”, “Our”, “We” etc. refers to Lyon and Turnbull Hong Kong Ltd along with Lyon and Turnbull Ltd. 
 The singular includes the plural and vice versa as appropriate. 

2. AGENCY 

Lyon & Turnbull acts as agent solely for and in the interests of the Seller. We do not act for Buyers in this role and do not give advice to Buyers. When Lyon & Turnbull makes a statement about a Lot it is doing so on behalf of the Seller of the Lot. 

Please note Lyon & Turnbull are the principal. All information however will be shared with Freeman’s. By registering for this sale you hereby agree for information to be shared with Freeman’s who will be acting as an agent for Lyon & Turnbull only and have no liability due to any other party other than Lyon & Turnbull; 

The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers. 

3. PRE-REGISTRATION, BIDDING PROCEDURES AND THE BUYER 

(a) Pre-registration and Deposits: All Bidders are required to complete a pre-registration application form and to deliver to Lyon & Turnbull a deposit of HKD10,000 and any Bidders wishing to bid on Premium Lots should also pay a deposit of 10% of the Lower Estimate of specific lots in addition. Bidders wishing to bid on the Stem Cup (lot 84) will be required to pay a deposit of HKD2,500,000. You may also be asked for financial references, guarantees, and/or such other security as Lyon & Turnbull may require in its absolute discretion.

Lyon & Turnbull reserves the right to request at any time any additional deposit, guarantee and/or such other security as Lyon & Turnbull may determine from any Bidder whose total Purchase Price has reached or exceed ten times the amount of that Bidder’s deposit. The amount of an additional deposit shall be determined by Lyon & Turnbull at their sole discretion and Lyon & Turnbull reserves the right to reject any further bidding from that Bidder until such additional deposit has been delivered to Lyon & Turnbull. Lyon & Turnbull has no obligation to accept any pre-registration application. Lyon & Turnbull’s decision in this regard shall be final. 

Bidders are requested to contact Lyon & Turnbull at least three working days prior to the relevant sale in order to allow processing of the pre-registration. Deposits shall be paid in Hong Kong Dollars by way of bank transfer or debit card (cards must be presented in person).
Should you not be successful in bidding, Lyon & Turnbull will arrange for a refund (subject to any right of set off) of the deposit amount paid by the Bidder without interest within 14 working days of the date of the sale. Any exchange losses or fees associated with the refund shall be borne by the Bidder. 
Bidders may not be allowed to register for/bid on any Lot if Lyon & Turnbull fail to receive a completed pre-registration application form or any financial reference or deposits as requested by Lyon & Turnbull;

(b) The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer's absolute discretion. 

(c) Once made, no bid may be withdrawn after the bid is accepted following the fall of the Auctioneer’s hammer or other customary action as confirmed by the Auctioneer. 

(d) Our right to bid on behalf of Sellers is expressly reserved up to the amount of any Reserve. 

(e) The right to refuse any bid is also reserved. 

(f) Commission/Absentee Bids: While 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 shall use reasonable efforts to, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. 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. 

(g) Telephone Bids: If a prospective Buyer makes arrangements with us prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in bidding by telephone. We do not accept liability for failure to do so or for errors and omissions in connections. As the number of telephone lines is limited, it is necessary to make arrangements for this service a minimum 24 hours before the sale. Lyon & Turnbull suggest that you also leave a maximum bid (a covering bid) which we can execute on your behalf in the event we are unable to reach you by telephone. Please note that confirmation of telephone bids should be made in writing. 

(h) Online Bidding: We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding. Please note that online bidding will not be accepted for Premium Lots. Please note any online bidding will be subject to an additional transaction charged by the online bidding provider. 

(i) Bidding in person: To bid in person you will need to register for and collect a numbered paddle before the auction begins. Proof of identity will be required. Bidders must complete a paddle registration form and supply any information as requested by Lyon & Turnbull. Bidders act as principal unless they have prior written consent by Lyon & Turnbull to bid as an agent. Bidders are personally liable for their bid and jointly and severally liable with their principal if bidding as an agent. 

(j)  All Lots sold will be invoiced to the name and address in which the paddle has been registered and cannot be transferred to other names and addresses. Please do not mislay your paddle and ensure that it is returned at the end of the auction. In the event of loss, inform the Lyon & Turnbull staff immediately.

4. INCREMENTS/CONDUCT OF THE AUCTION

Bidding increments shall be at the Auctioneer's sole discretion. The Auctioneer has absolute discretion at any time to refuse or accept any bid, withdraw any Lot, reoffer a Lot for sale (including after the fall of the hammer, but before payment has been received) and take such other action as he reasonably thinks fit.
The Auctioneer will start and continue the bidding levels and increments he considers appropriate and is entitled to place a bid/bids on behalf of the Seller up to the Reserve on the Lot, and whether or not other bids are being placed. 

A currency converter may be used at the sale. This equipment is provided as a general guide as to the equivalent amount in certain currencies of a given bid. We do not accept any responsibility for any errors which may occur in the use of the currency converter. 
We hereby give you notice that we may use video cameras to record the sale and may record telephone calls for reasons of security and to assist in solving any disputes which may arise in relation to bids made at the sale. 

We may use screens to project images of the Lots for sale. This service is provided solely to assist with viewing of the sale. The image on the screen is only an indication of the current Lot. It should be noted that all bids tendered will relate to the actual lot number announced by the Auctioneer. Lyon & Turnbull do not accept any responsibility for any errors which may occur in the use of the screen.

Any post-auction sale of Lots shall incorporate these terms and conditions as if they had been sold in the auction. 

5. THE PURCHASE PRICE 

For each Lot purchased a Buyer's Premium will be added to the Hammer Price and is payable by the Buyer as part of the total Purchase Price.

For this sale (HK464) a Buyer’s premium of 25% is payable on the first HKD800,000 of the Hammer Price, 20% on any amount in excess of HKD800,000 up to and including HKD15,000,000 and finally 12% on any amount thereafter.  

Live online bidding is subject to an additional 3% premium on the Hammer Price (charged by the live bidding service provider Invaluable).

6. TAX

The Purchase Price payable by the Buyer is exclusive of any goods or service tax or other tax (whether imposed by Hong Kong law or otherwise) (“Tax”). If any such Tax was to be paid under Hong Kong laws or any other laws, the Buyer shall be solely responsible to pay such Tax and at the rate and time as required by the relevant law, or if such Tax is to be paid by Lyon & Turnbull we may add such tax to the Purchase Price payable by the Buyer. 

7. PAYMENT 

(1) Payment is due unless agreed otherwise, immediately in Hong Kong Dollars on conclusion of the sale. Any requirements for export, import or any such other permit will not impact on payment being due immediately.

(a) Pay to us the Total Amount Due by such payment method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. Please note single/multiple or linked cash payments in excess of HKD80,000 will not be accepted. There is a cap on payment by credit card of HKD1,000,000. Should you wish to pay by card, the card must be presented in person to Lyon & Turnbull. 
Please note that when paying by bank transfer, the amount received after the deduction of any bank fees and or conversion of the currency of payment to Hong Kong Dollars must not be less than the Hong Kong Dollars amount payable, as set out on the invoice. Invoices will be issued within two days of the sale.

(b) Please note there will be a surcharge when using credit cards, the amount of which will depend on the type of credit card. 

(c) Any Lots purchased and paid for by cheque will not be authorised for collection until payment has fully cleared. Should funds not be fully cleared by the two working days following the day of the auction then the Buyer must accept that storage charges may be incurred. Please refer to our sale information.  

(d) Any payments by you to us may be applied by us towards any sums owing by you to us howsoever incurred and without agreement by you or your agent, whether express or implied. 

8. TITLE AND COLLECTION OF PURCHASES

(1) 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. Payment is understood to mean cleared funds. Lyon & Turnbull is not obliged to release a Lot to the Buyer until the title has passed and appropriate identification has been provided. Should earlier release occur this will not affect any obligation of the Buyer to make payment nor affect the title passing. 

(2) You shall at your own risk and expense take away any Lots that you have purchased and paid for. Please be advised collection from the sale venue will not be possible after 2 working days following the day of the auction.

(3) No purchase can be claimed or removed until it has been paid for. 

(4) Collection must be made by Thursday 2nd June at 5pm. It is the Buyer’s responsibility to ascertain collection procedures. Any Lot not collected will be shipped to Michelle Art Services, 1 On Yip Street, Chai Wan, Hong Kong for subsequent storage and the cost will be the liability of the Buyer. 

(5) Risk is with the Buyer at the earliest of:
(i) Collection or
(ii) Thirty first calendar day after the auction.

(6) Export of goods: Buyers intending to export goods should ascertain (a) whether an export licence is required and (b) whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the Buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale nor any delay in making full payment for the Lot. 

9. REMEDIES FOR NON·PAYMENT OR FAILURE TO COLLECT PURCHASES 

(1) 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 Sellers and on their 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: 

(a) to proceed against you for damages for breach of contract; 
(b) to rescind the contract for sale of that Lot and/or any other Lots sold by us to you; 
(c) 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). 
(d) to remove, store and insure the lot in the case of storage, either at our premises or elsewhere and the risk and expense being with you. Lyon & Turnbull will be entitled to recover from you all costs incurred in respect thereof; 
(e) to charge interest at a rate not exceeding 1.5% per month above the current base rate on all sums outstanding for more than 5 working days after the sale; 
(f) to retain that or any other Lot sold to you until you pay the Total Amount Due; 
(g) to reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted; and
(h) to apply any proceeds of sale of other Lots due or which become due to you towards the settlement of the Total Amount Due by you and to exercise a lien over any of your property in our possession for any purpose until the debt due is satisfied. 

10. DESCRIPTIONS AND CONDITION 

(1) 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 only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the Auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of Lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the Lot and should not be relied upon as indicative of the overall condition of the Lot. 

(2) Condition reports: Condition reports are provided on our website or upon request. The absence of a report does not imply that a Lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavour to respond to all requests although we offer no guarantee. Any statement in relation to the Lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the Lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any Lot in which you are interested prior to the sale. Our condition reports are not prepared by professional conservators, restorers or engineers. Our condition report does not form any contract between Lyon & Turnbull and the Buyer. The Condition Reports do not affect the Seller’s obligations in any way. 

(3) Estimates: Estimates are placed on each Lot to help Buyers gauge the sums involved for the purchase of a particular Lot. Estimates do not include the Buyer’s Premium or Tax. Estimates are a matter of opinion and prepared in advance. Estimates may be subject to change and are for guidance only and should not be relied upon.

(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware to any alterations which may have occurred. Alterations may also be made at any time by notice orally or in writing before or during a sale. The Lot is available for inspection and you must form your own opinion in relation to it. You are strongly advised to examine any Lot or have it examined on your behalf by an independent party before the sale. 

(5) Electrical Goods: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given. 

(6) Upholstered items: are sold as “works of art” only and if bought for use must be checked over for compliance with current safety regulation. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given. Lyon & Turnbull provide no guarantee as to the originality of any wood/material contained within the item. 

(7) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our terms and conditions of sales. 

11. BOOKS, CLOCKS and WATCHES 

(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the Lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of Lots sold for less than £300. 
(2) Clocks and Watches: All Lots are sold “as seen”, and the absence of any reference to the condition of a clock or watch does not imply the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches will have been repaired during their normal lifetime and may now incorporate additional/newer parts. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Buyers should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed. Buyers should be aware that the importing watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches cannot be shipped to the United States and only imported personally. 

12. ENDANGERED SPECIES 

Please be aware that all lots marked with the symbol Y may be subject to CITES regulations or other regulations. These regulations may be found at https://www.afcd.gov.hk/english/conservation/con_end/con_end.html
Lyon & Turnbull accepts no liability for any Lots which may be subject to CITES but have not be identified as such. 

13. SALE BY PRIVATE TREATY 

(a) The same Conditions of Sale for Buyers (HK464) shall apply to sales by private treaty. 
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers. 
(c) For the purposes of a private treaty sale the currency will be Hong Kong Dollars. 

14. THIRD PARTY LIABILITY 

All members of the public on sale/storage premises are there at their own risk and must note the lay-out of the accommodation, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale. 

15. GENERAL 

(a) We shall have the right at our discretion, to refuse admission to sale/storage premises or attendance at our auctions by any person without explanation. 
(b) Any notice to any Buyer, Seller, Bidder or viewer may be given by email if not available then by registered post or registered airmail; if sent by registered post, it shall be deemed to have been received by the addressee 48 hours after posting and if by registered airmail, five days from the date of posting. 
(c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue. 
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect. 
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Lyon & Turnbull in exercising a right, power or remedy shall be deemed a waiver or release of any of its rights, power or remedy.  If Lyon & Turnbull waives a breach of any provision of these Conditions of Sale this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision of these Conditions of Sale. 
(f) The contract between the parties may be varied by the parties by agreement and in writing. 
(g) Any person who damages a Lot will be held liable for the loss caused. 
(h) Part of this catalogue is published in both Chinese and English. If there is any dispute in its interpretation, the English version will prevail. 
(i) We will not be liable in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong) or in any other way for lack of conformity with or any inaccuracy, error, misdescription in any description of the lot or any entry or estimate in respect of it, made by us or on our behalf or by or on behalf of the Seller and regardless of whether made before/after this agreement or prior/during the sale. 
(j) All parties participating in the Hong Kong auction organised by Lyon & Turnbull, including the Seller, the Bidder, the Buyer and all other related parties (including but not limited to the agents of the Seller, the Bidder and the Buyer) shall be deemed to accept in full and be bound by both Conditions of Sale (for Buyers and Sellers HK464), and shall comply with them in said auction, enjoy the rights and perform the obligations provided herein.
(k) The rights, powers and remedies provided in this Conditions of Sale are cumulative and shall not be deemed or construed to be exclusive of any rights, powers and remedies provided by law, or otherwise.
(l) Except where expressly stated in this Conditions of Sale to the contrary, this Conditions of Sale is not intended for the benefit of, and shall not be enforceable under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) by any other person who is not a party to this Conditions of Sale.

16. DATA PROTECTION 

In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information).  We will use your personal data for marketing purposes unless we receive your express wishes not to do so.  

Lyon & Turnbull may transfer information to Freeman's to allow the effective operation of this sale. The information will be used to allow registration, sale participation, credit control and any other function related to the effective running of the auction. Freeman’s will use this information for the auction along with retaining the information for marketing purposes for future auctions held by them (unless we received your express wishes not to do so). Lyon & Turnbull and Freeman’s will not give out personal information to third parties except as may be required by law.

If you would like further information on Lyon & Turnbull policies on personal data, or to access or make corrections to your information, please contact us on +44 131 557 8844. Please email laura.henderson@lyonandturnbull.com Office Manager for more information. 

17. FORCE MAJEURE 

Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. 

18. LAW AND JURISDICTION 

(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Hong Kong law.  
(b) Jurisdiction: The Buyer agrees that the Courts of Hong Kong 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 relate or apply. All parties agree that Lyon & Turnbull retain the right to bring proceedings in any court other than the Hong Kong Courts. 
(c) Service of Process: All Bidders and Sellers irrevocably consent to service of process of any documents in connection with any court proceedings by personal service, and delivery by email, or in any other manner permitted by Hong Kong law, the law of the place of service or the law of jurisdiction where proceedings are being held, at the last address of the Buyer known to Lyon & Turnbull or any other usual address.


HONG KONG - Conditions of Sale for Sellers (HK464) 

 

1. DEFINITIONS

In these Conditions of Sale for Sellers (HK464):
"Auctioneer" means Lyon and Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR) or its authorised auctioneer, as appropriate;
"Bidder" means a person who bids at an auction organised by the Auctioneer;
"Buyer" is the person who makes the highest possible bid or offer accepted by the Auctioneer, and/or such person's principal where bidding as agent;
"Buyer's Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Sale Catalogue Buyer’s Guide;
“Freeman’s” means Samuel T. Freeman & Co, Lyon & Turnbull’s marketing partner, registered address 1808 Chestnut Street, Philadelphia, Pennsylvania, USA, 19103;
"Hammer Price" means the highest bid accepted by the Auctioneer by the fall of the hammer or in the case of a post-auction sale, the agreed sale price;
"HKD" or "Hong Kong Dollars" means the lawful currency of Hong Kong;
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;
"Item" means each and every item consigned for sale following express written agreement between Lyon & Turnbull and the Seller;
"Lot" means each Item offered for sale by Lyon & Turnbull;
"Lower Estimate" means the low estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Lyon & Turnbull" means the company which has its registered office at 33 Broughton Place, Edinburgh, EHI 3RR registered in Scotland No. 191166 along with its Hong Kong company, Lyon and Turnbull Hong Kong Ltd; 
"Net Sale Proceeds" are the Hammer Price, less commissions and other charges and any withholding tax paid by Lyon & Turnbull on your behalf, of the Lot sold, to the extent received by Lyon & Turnbull in cleared funds;
"Proposed Sale" means the intended sale through which the Items will be sold on;
"Purchase Price" is the Hammer Price and applicable Buyer's Premium;
"Reserve" means the lowest price below which an Item cannot be sold;
"Terms of Consignment" means the stipulated terms and rates of commission on which the Auctioneer accepts instructions from Sellers or their agents;
"Upper Estimate" means the high estimate provided by Lyon & Turnbull to the Seller in relation to each Item, or in relation to any Item which Lyon & Turnbull holds on behalf of the Seller;
"Without Reserve" means where there is no minimum price at which a Lot may be sold (whether at auction or private treaty);
“You”, “Your” means the Seller, the owner of the Lot or, if you are not the owner of the Lot (whether or not you have notified us that you are acting as an agent for a principal), you are duly authorised by the owner of the Lot to sell it; 
“Us”, “Our”, “We” etc. refers to Lyon and Turnbull Hong Kong Ltd along with Lyon and Turnbull Ltd. 
The singular includes the plural and vice versa as appropriate.

2. WARRANTY OF TITLE AND AVAILABILITY

The Seller warrants:-
(a) that you are the true owner of the property consigned or are properly authorised by the true owner to consign it for sale and are able to transfer good and marketable title to the property free from any third party claims.
(b) that all requirements have been complied with, legal or otherwise, relating to any export or import of the property consigned, all duties and taxes in respect of the export or import of the Lot have (unless agreed in writing with us) been paid and, so far as you and any principal for whom they are acting in relation to the Lot are aware, all third parties have complied with such requirements in the past.
(c) that you have provided Lyon & Turnbull with any and all information concerning the Item’s provenance or any concerns  expressed by third  parties concerning its ownership, condition, authenticity, attribution, and export or import history; and
(d) unless the Seller advises Lyon & Turnbull in writing to the contrary on delivery of the Item to Lyon & Turnbull, there are no restrictions on Lyon & Turnbull rights to reproduce photographs or other images of the Item in connection with the Proposed Sale or any other marketing which will be done in accordance with good taste and decency.

3. PREPARATION FOR SALE

(a) Lyon & Turnbull shall decide the way in which a Lot may be included in the Proposed Sale, how any Lot is described and illustrated in the catalogue or any report, and the marketing, promotion, date, place and conduct of the Proposed Sale.
(b) Lyon & Turnbull  will instruct, consult  with, and  rely  on, any  outside  experts  or  restorers, agents  or other  third  parties, and  carry  out such other due diligence, inquiries, research or tests  in relation to the Lot or its provenance, either before or after the Proposed Sale as it may deem appropriate in its reasonable discretion.
(c) Any oral or written estimate or evaluation or report provided by Lyon & Turnbull is a genuinely held opinion only.  It may not be relied on as a prediction of the Hammer Price or value of the Item, and may in Lyon & Turnbull’s absolute discretion be revised at any time.
(d) The Seller acknowledges that attribution of Items is a matter of opinion and not of fact, and is dependent upon (amongst other things) information provided by the Seller, the condition of the Item, the degree of research, examination or testing that is possible or practical in the circumstances, and the status of generally accepted expert opinion at the time of cataloguing.

4. TERMS OF SALE

The Seller acknowledges that any Lot is sold subject to these Conditions and on the Terms of Consignment as notified to the consignor at the time of the entry of the Lot.

5. STANDARD SELLER FEES AND CHARGES 

(a) Commission: 15% is charged on the [Hammer Price] of each Lot, (subject to a minimum charge of HKD300). Loss and damage warranty: 1.5% on value of Lots sold. Photography: minimum charge HKD300. Online Listing: HKD100 per Lot.
(b) Transport:  Items for sale must be consigned to the saleroom by any stated deadline and at your expense. We may be able to assist you with this process. When organised on the Seller’s behalf the provision of transport will be contracted to third parties. Fees for transport will be deducted at the initial settlement, unless agreed otherwise.
(c) Illustrations: The cost of any illustrations will be borne by the Seller, unless agreed otherwise prior.  The copyright in respect of such illustrations shall be the property of us, the Auctioneer, as is the text of the catalogue.
(d) Non Hong Kong residents: All non-Hong Kong residents shall pay the tax of not more than 1% based on the gross proceeds from goods sold in Hong Kong to the government according to the provisions of relevant laws. As your agent, we have the obligation to withhold and pay this tax on your behalf.

6. 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. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high Reserve.  A Lot will be sold Without Reserve unless a Reserve has been agreed.
(b) Firm Reserves may be no greater than the Lower Estimate.
(c) A Reserve once set cannot be changed except with our agreement.
(d) You may not bid or instruct or permit any other person to bid on your behalf on your own property.   If the Seller breaches this prohibition, Lyon & Turnbull may treat the Seller as bound as Seller and as Buyer but without the benefit of Lyon & Turnbull Authenticity Guarantee or the Reserve, and Lyon & Turnbull or the Buyer may pursue other remedies. 
(e) We may sell Lots below the Reserve provided we account to you for the same Net Sale Proceeds as you would have received had the Hammer Price been the Reserve.

7. LOSS & DAMAGE WARRANTY

(a) Subject to condition 7(c) below Lyon & Turnbull will assume liability for loss or damage to an Item, commencing at the time that Item is taken into physical control and possession by Lyon & Turnbull and ceasing on the earliest date of;
(i) when risk passes to the Buyer of the Lot following its sale;
(ii) for unsold Lots, when the Lot is released to the Seller, or, within 3 months of the sale; or
(iii) 6 months from the date of delivery to Lyon & Turnbull for Items still in the possession of Lyon & Turnbull but not consigned for sale (unless part of a long-term storage agreement).

(b) Lyon & Turnbull shall charge a loss and damage warranty fee of 1.5% of the Hammer Price.
(c) If any loss or damage should occur to the Lot during the period identified in paragraph (a) above, Lyon & Turnbull’s liability to compensate the Seller in respect of that loss shall be restricted to a maximum of the Upper Estimate or actual loss incurred, whichever is lower.  This compensation will be subject to a deduction of a 1.5% loss and warranty fee.

8. UNSOLD ITEMS

(a) If an Item is unsold it may, with your consent, be re-offered at a future sale. Where in our opinion an Item is not suitable for a future sale we may either (a) request you collect such Items from the saleroom promptly on being so informed. We shall be entitled to charge you for storage costs, charges shall be made at a reasonable daily rate; or (b) suggest that the Item be transferred to a secondary saleroom for sale Without Reserve.  All transferred Lots will be sold for the best price on the day, this may not bear any reflection on the Item’s original estimate.  Lyon & Turnbull are not liable for any Items (whether it be selling price or loss & damage) when transferred. 
(b) Aftersales: We reserve the right to accept an after-auction offer on a Lot on behalf of the Seller, at the agreed Reserve price or above, for up to 48 hours after the original 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 Conditions apply. 
c) Collection: Following the auction any unsold Items will be returned to their original country of consignment and made available for collection within a reasonable time following the auction taking into account transit times.  Sellers will be notified once items are available for collection. The Seller shall be responsible for any compliance with any legal requirements and payment of any duties and taxes relating to the export or import of unsold Items.

9. LOT WITHDRAWAL

(a) If a Seller wishes to withdraw a Lot organised for sale, a withdrawal fee will apply:
(i) if withdrawn over 28 working days prior to the Proposed Sale, this will be charged at 10% of the mid estimate along with any ancillary charges incurred (such as photography); or
(ii) if withdrawn within 28 working days of the Proposed Sale, this will be charged at 20% of the mid estimate along with any ancillary charges incurred (such as photography).

(b) Lyon & Turnbull may withdraw a Lot from the Proposed Sale without any liability if:
(i) Lyon & Turnbull reasonably believes that there is any doubt as to the Lot's authenticity or attribution; or
(ii) it reasonably doubts the accuracy of any of the Seller's warranties; or
(iii) the Seller breaches any provisions of the Conditions of Sale in any material respect; or
(iv) the Lot suffers from loss or damage so that it is not in the state in which it was when Lyon & Turnbull took delivery of it.

(c)  if an item is withdrawn from sale under Condition 9(b) (i) (to the extent Lyon & Turnbull reasonably believes the Seller had no knowledge), or (iv), the Seller shall not be charged a withdrawal fee and the Item shall be returned to the Seller or dealt with pursuant to Clause 8, as the Seller decides.

10. AUTHORITY TO DEDUCT COMMISSION AND EXPENSES AND RETAIN PREMIUM AND INTEREST

The Seller authorises us to deduct commission at the stated rate, and all expenses incurred for your account and any withholding tax paid by us on your behalf, from the Hammer Price, and consents to our right to retain beneficially the Buyer's Premium in accordance with these Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.

11. NON-PAYMENT BY THE BUYER

(a) Lyon & Turnbull will, where it considers appropriate, take reasonable steps to investigate the ability of Bidders to pay for Lots and will use reasonable endeavours, in consultation with the Seller, to enforce payment of the Hammer Price by any Buyer.
(b) Lyon & Turnbull, in consultation with the Seller, will decide whether to pursue any of the remedies available to it, including those set out in Condition 9 of the Conditions of Sale for Buyers (HK464) including the right to cancel the sale and return the Lots to the Seller. Lyon & Turnbull will inform the Seller of any action which it contemplates taking against the Buyer.
(c) lf the Seller elects to take action against any Buyer on its own behalf Lyon & Turnbull will provide the Seller with such assistance as may be reasonably necessary to pursue that action.
(d) The Seller hereby agrees to inform Lyon & Turnbull of any action which it chooses to take against the Buyer to enforce payment of the amount due to the Seller.
(e) In the event that a Buyer fails to pay for a Lot in accordance with the Conditions of Sale for Buyers (HK464), that lot will be treated in the same way as an unsold or collected Lot. 

12. SETTLEMENT PAYMENTS

Subject to full payment by the Buyer, payment of the Net Sale Proceeds due to you will be made over to you within 28 working days following a sale, providing cleared funds have been received. Payment will be made by cheque or BACS (if requested). 
(a)    Payment will be made in Hong Kong Dollars, unless otherwise requested.
(b)    Should payment be requested in an alternative currency (GBP/USD) funds will be subject to the exchange rate on the date of cleared funds received to Lyon & Turnbull and not the day of sale. Payment in an alternative currency may be subject to additional transaction fees/charges which will be borne by the Seller. 

13. SALE BY PRIVATE TREATY

(a) The same Conditions of Sale for Sellers (HK464) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) Lyon & Turnbull undertakes to inform the Seller of any offers it receives in relation to an Item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale the exchange rate is to be taken on the date of cleared funds. The private treaty sale will be paid in accordance with clause 12.

14. THIRD PARTY LIABILITY

All members of the public on the sale/storage premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale. 

15.  GENERAL

(a)  We shall have the right at our discretion, to refuse admission to the sale/storage premises or attendance at our auctions by any person.
(b)  Any notices to any Buyer, Seller, bidder or viewer may be given by email, or if not available then by registered post or registered airmail; if sent by registered post, it shall be deemed to have been received by the addressee 48 hours after posting and if sent by registered airmail, five days from the date of posting.
(c) Notices to Lyon & Turnbull should be in writing and addressed to the Managing Director at 33 Broughton Place, Edinburgh, United Kingdom EH1 3RR, quoting the reference number specified at the beginning of the sale catalogue.
(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent, but are binding on the Seller's successor and representatives. No act, omission or delay by Lyon & Turnbull in exercising a right, power or remedy shall be deemed a waiver or release of any of its rights, power or remedy.  If Lyon & Turnbull waives a breach of any provision of these Conditions of Sale this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision of these Conditions of Sale.
(f) The contract between the parties may be varied by the parties by agreement and in writing.
(g) All parties participating in the Hong Kong auction organised by Lyon & Turnbull, including the Seller, the Bidder, the Buyer and all other related parties (including but not limited to the agents of the Seller, the Bidder and the Buyer) shall be deemed to accept in full and be bound by both Conditions of Sale (for Buyers and Sellers HK464), and shall comply with them in said auction, enjoy the rights and perform the obligations provided herein.
(h) The rights, powers and remedies provided in these Conditions of Sale are cumulative and shall not be deemed or construed to be exclusive of any rights, powers and remedies provided by law, or otherwise.
(g) Except where expressly stated in these Conditions of Sale to the contrary, these Conditions of Sale are not intended to be for the benefit of, and shall not be enforceable under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) by any other person who is not a party to these Conditions of Sale.

16.  AGENCY

Lyon & Turnbull acts as agent solely for and in the interests of the Seller.  We do not act for Buyers in this role and do not give advice to Buyers. When Lyon & Turnbull make a statement about a Lot it is doing so on behalf of the Seller of the Lot. 
Please note Lyon & Turnbull are the principal.  Freeman’s will be acting as an agent for Lyon & Turnbull only and have no liability due to any other party other than Lyon & Turnbull; 

The Auctioneer normally acts as agent only and disclaims any responsibility for default by Sellers or Buyers.

17. FORCE MAJEURE 

Lyon & Turnbull shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. 

18.  DATA PROTECTION

In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Seller to provide personal information about themselves or obtain information about the Seller from third parties (e.g. credit information).  We may use your personal data for marketing purposes unless we receive your express wishes not to do so. The types of personal data we use for such purpose are set out in the Terms of Consignment/ receipt.  
If you would like further information on Lyon & Turnbull policies on personal data, or to access or make corrections to your information, please contact us on +44 (0)131 557 8844. Please email laura.henderson@lyonandturnbull.com  Office Manager for more information. 

19.  LAW AND JURISDICTION

(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Hong Kong law.  
(b) Jurisdiction: The Seller agrees that the Courts of Hong Kong 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 relate or apply. All parties agree that Lyon & Turnbull retain the right to bring proceedings in any court other than the Hong Kong Courts. 

 

 

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