Terms and conditions
Terms at Rogers Jones & Co
Clients are strongly advised to read this document as they set out the terms on which property is BOUGHT or LEFT at our auction rooms.
Estimates are subject to revision. Buyers should not rely themselves upon estimates as a representation or prediction of actual selling prices. Estimates do not include the Buyers Premium or VAT.
The reserve is the confidential minimum price the consignor (vendor) will accept and will not exceed the low pre-sale estimate.
Rogers Jones & Co charge a premium to the buyer on the final bid price of each lot sold. Our Buyers Premium rate varies depending on the sale.
Pre-auction Viewing and Condition Reports
Pre-auction viewings are open to the public free of charge at set times only unless special arrangements have been made in exceptional circumstances. Condition reports given out by Rogers Jones & Co either verbally, by e-mail or by any other means are subjective, are opinions and must not be considered as fact. If bidding at auction viewing the item(s) in person to ascertain condition and suitability is advisable. Examining and inspection should take place prior to bidding, if the bidder is then successful in winning the lot(s) they then become a purchaser and full payment should be made prior to the purchaser inspecting / checking or examining their purchased lots.
Prospective buyers attending the sale are required to register for a number bidding card at anytime shortly before the commencement of the auction.
The auctioneer accepts bids from those present in the saleroom, from telephone bidders, live internet bids (when available) or by written absentee bids left in advance of the auction. The auctioneer may also execute bids on behalf of the seller up to the amount of the reserve. The auctioneer will not specifically identify bids placed on behalf of the seller.
Absentee bids are written instructions from prospective buyers directing Rogers Jones & Co to bid on their behalf up to a maximum amount specified for each lot. Verbal commission bids are not acceptable. Rogers Jones & Co will attempt to execute an absentee bid at the lowest possible price taking into account the reserve price. The auctioneer may execute absentee bids directly from the rostrum while clearly identifying them. Commission bidding forms are available to download from our web site, they are freely available in the saleroom, within some of our hard copy catalogues and they can be posted or faxed on request. Commission bids are required 30 minutes before the commencement of the auction.
Arrangements must be confirmed with the saleroom by completing the telephone bidding form. Return of the form is required by the end of the working day prior to the sale. There is a limit to the number of telephones available and so they are booked on a first come first serve basis. Rogers Jones & Co reserve the right to refuse telephone bidding for particular lots. Rogers Jones & Co are not liable for problems caused by communication error, technical error or human error in the execution of telephone bidding. To enable telephone bidding, bidders must complete and return a telephone bidding form which is available from the office or by email by 5pm on the day prior to the auction.
Rogers Jones & Co is not able to notify successful bidders by telephone. While invoices are sent out by mail or e-mail after the auction we do not accept responsibility for notifying the buyer of the result of their bids. Buyers are requested to contact us by phone or in person as soon as possible after the sale to obtain details of the outcome of their bids to avoid incurring unnecessary storage charges. Successful bidders will pay the price of the final bid plus premium plus any applicable VAT.
If in attendance, buyers are expected to pay for purchases before leaving the saleroom. Payment can be made by cash, cheque, BACS in sterling, VISA or Mastercard (3% credit card surcharge applicable) and debit cards (must be over £15) IN PERSON with chip and pin only. Clients, who are likely to buy high value items and wish to pay with debit / credit card, are advised to notify their bank to avoid banking security issues. Cheques are accepted with photo I.D but goods are not released until the cheque is fully cleared. Rogers Jones & Co reserve the right to not release goods until payment has reached our bank account. For bidders, not in attendance at the auction, payment is required within five days of the sale. Cash payments are acceptable under the value of £1000 per bidding number.
Storage, Shipping, Postage & Packing
It is the client's (purchaser / vendor) responsibility to collect items that they may have purchased, have left for valuation, or that have not sold . Collection of large furniture items purchased must be by 12 noon the day immediately after the auction unless special arrangement has been made with us prior to the sale and such special arrangement may be charged for. Rogers Jones cannot hold any item indefinitely and items left unclaimed after 6 months may be offered at auction to cover storage and other costs. This includes purchased items, items left for valuation and items which failed to sell. Low value items unclaimed may be disposed of after 14 days.
Rogers Jones can provide dtails of fine art courier services.
Export / Import Permits
Buyers should always check whether an export licence is required before exporting. 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 recission of any sale nor any delay in making full payment for the lot.
Storage & Collection for Vendors
After a four week period Rogers Jones & Co reserve the right to re-offer unsold lots without reserve. Uncollected items of low value may be passed to a charity or disposed of.
Conditions of Sale
These conditions of sale and the important notices and explanation of cataloguing practice contain all the terms on which Rogers Jones & Co and the seller contract with the buyer.
Rogers Jones & Co as Agent
Except as otherwise stated Rogers Jones & Co acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
2. Before the Sale
(a) Examination of property
Prospective buyers are strongly advised to examine personally any property in which they are interested, before the auction takes place. Condition reports are usually available on request but are subjective. THE PROPERTY IS OTHERWISE SOLD AS IS.
(b) Catalogue and other Descriptions
All statements by us in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. References in the catalogue entry or the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects of restoration nor does reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the items will sell or its value for any other purpose. Rogers Jones & Co nor the seller is responsible in any way for errors and omissions in the catalogue, or any other supplementary material.
(c) Buyer’s Responsibility
All property is sold “AS IS” without any representation or warranty of any kind by Rogers Jones & Co. or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue entry.
3. At the Sale
(a) Refusal of admission
Rogers Jones & Co has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.
(b) Registration before bidding
A prospective buyer must complete and sign a registration form and provide identification before bidding. We may require the production of bank or other financial references.
(c) Bidding as principal
When making a bid, a bidder is accepting personal liability to pay the purchase price, including the buyer’s premium and all applicable taxes, plus all other applicable charges.
(d) Absentee bids
We will use reasonable efforts to carry out written bids delivered to us prior to the sale for the convenience of clients who are not present at the auction in person. If we receive absentee bids on a particular lot for identical amounts and at the auction these are the highest bids on the lots it will be sold to the person whose written bid was received and accepted first.
(e) Telephone bids
If a prospective buyer makes arrangements with us the day prior to the commencement of the sale we will use reasonable efforts to contact them to enable them to participate in the bidding by telephone but we do not accept liability for failure to do so or for errors and omissions in connection with telephone bidding.
There is a limit to the number of telephones available and so they are booked on a first come first serve basis. Rogers Jones & Co reserve the right to refuse telephone bidding for particular lots.
(f) Digital images
We do not accept liability for errors with regards to the quality and the correctness of digital images on our saleroom digital screen and on our or third party web sites. During auctions errors may occur in screen operation.
Lots are offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the seller. The auctioneer may continue to bid on behalf of the seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.
(h) Auctioneer’s discretion
The auctioneer has the right at his absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he may decide, to withdrawn or divide any lot, to combine any two or more lots and in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute, if any dispute arises after the sale, our sale record is conclusive.
(i) Successful bid and passing of risk
Subject to the auctioneer’s discretion, the highest bidder accepted by the auctioneer will be the buyer and the striker of his hammer marks the acceptance the highest bid and the conclusion of a contract for sale between the seller and the buyer. Risk and responsibility for the lot (including frames and glass where relevant) passes to the buyer at the expiration of three calendar days from the date of the sale or on collection of the buyer, or third party, if earlier.
4. After the Sale
(a) Buyer’s Premium
In addition to the hammer price, the buyer agrees to pay to us the buyer’s premium.
(b) Payment and passing of title
Immediately following the sale, the buyer must provide us with their name and permanent address and, if so requested, details of the bank from which payment will be made. The buyer must pay the full amount due (comprising the hammer price, the buyer’s premium and any applicable taxes) immediately after the sale or at least within five working days of the sale. The buyer will not acquire title to the lot until all amounts due to us from the buyer have been received by us in good cleared funds.
(c) Collection of purchases
We shall be entitled to retain items sold until all amounts due to us have been received in good cleared funds or until the buyer has satisfied such other terms as we, in our sole discretion, shall require. Subject to this, the buyer shall collect purchased furniture lots by 12 noon the next day unless otherwise agreed with us.
(d) Packing and shipping
Although we shall us reasonable efforts to take care when handling, packing and shipping a purchased lot, we are not responsible for the acts or omissions of third parties whom we might retain for these purposes. Similarly, where we may suggest other handlers, packers, or carriers if so requested, we do not accept responsibility or liability for their acts or omissions.
(e) Export licence
Unless otherwise agreed by us in writing the fact that the buyer wishes to apply for an export licence
does not affect his or her obligation to make payment.
(f) Remedies for non payment
If the buyer fails to make payment full good cleared funds within the time required by paragraph 4(b) above, we shall be entitled to offer items to alternative purchasers at our discretion, alternatively legal action may be taken against the winning bidder.