CONDITIONS OF SALE (updated January 2020)

Monday Interiors, Vintage & Modern Auctions - there is a buyer’s premium of 22% + VAT on the hammer price. Viewing is on the Friday prior from 2.30-4.30pm and on the sale day from 9.30am strictly by appointment. Catalogues are available online.

Tuesday Specialist Sales - there is a buyer’s premium of 22% + VAT on the hammer price.

Every Lot is sold with all faults and errors of description and the auctioneers disclaim, for themselves and for the vendor, all responsibility for authenticity, age, origin, condition or quality. All statements on such matters whether printed in the Catalogue or made orally are statements of opinion and not representations of fact. Purchasers are deemed to have satisfied themselves on authenticity, condition, etc., before bidding and no-one in the Auctioneers’ employment has authority to make any representation of fact.

All weights and measurements are approximate

* Denotes that goods belong to registered persons and V.A.T. will also be charged on the hammer price for those lots

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING

Whilst Capes Dunn & Co Ltd makes every effort to ensure the accuracy of their catalogue and the description of any lot:

(a) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions.

(b) Capes Dunn & Co Ltd do not accept responsibility for the authenticity, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.

(c) All statements, whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by Capes Dunn & Co Ltd, unless they have been instructed in writing by the vendor so to certify, and in such case the Auctioneers do so as agents of the vendor and are not themselves responsible for such claims.

(d) Droit de Suite

Following the introduction of the Artist’s Resale Right Regulations on 14 February 2006, Capes Dunn & Co Ltd will implement the new levy as follows:

The right only applies to work sold in the secondary market, when the sale price reaches or exceeds £1,000 and is calculated on a sliding scale. Royalties are also capped so that the total amount of the royalty paid for any single sale of a work cannot exceed £12,500. The table below sets out the sliding scale of royalty payments.

4% FROM £1,000- £50,000

3% FROM £50,001- £200,000

1% FROM 200,000.01- £350,000

0.5% FROM £350,000.01 - £500,000

0.25% IN EXCESS OF £500,000

These price thresholds and royalty payments were introduced by The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023 and apply from 1 April 2024.

Prior to 1 April 2024, resale price thresholds and royalty percentages were in euros instead of pounds. For sales prior to 1 April 2024, the right applies to sales prices over €1,000 and royalties are capped at €12,500. Resale royalties are NOT subject to VAT

Capes Dunn & Co Ltd, will collect the same amount as the resale royalty from the buyer for any work of art covered by the regulations

ADDITIONAL TERMS OF BUSINESS RELATING TO JEWELLERY

All carat weights are approximate only, with the given limitations due to stone settings.

• Unmarked gold items may be tested with acids and any stated carat or carat range is approximate only.

• Any stated colour and/or clarity grades given for any diamonds or coloured gemstones are of the opinion of Capes Dunn & Co Ltd only and are to serve as a guide only, with the given limitations due to stone settings and use of standard, non-laboratory, gemmological equipment.

• Treatments to improve/enhance the colour, clarity and durability of coloured gemstones are now regarded as standard practice in the jewellery trade, treatments include, but are not limited to; heating, oiling, use of resins and other fillers, impregnation, irradiation, use of coatings and dyes. These treatments may be permanent, semi-permanent or temporary. It should therefore be assumed, unless expressly stated to the contrary, that all coloured gemstones have been treated in some way.

• Synthetic (man-made, lab grown) coloured gemstones are fairly common in the jewellery trade, and while every effort is made to detect and disclose the synthetic origin of coloured gemstones, this is not always possible with the given limitations due to stone settings and use of standard, non-laboratory, gemmological equipment. Capes Dunn & Co Ltd cannot guarantee the natural or synthetic origin of any coloured gemstone, unless there is accompanying documentation obtained from an internationally recognised Gemmological Laboratory stating such.

• Like coloured gemstones diamonds are now increasingly subject to colour and clarity treatments to improve their appearance, treatments include but are not limited to; HPHT, fracture filling, laser drilling and coatings. Although every effort is made to detect and disclose such treatments this is not always possible with the given limitations due to stone settings and use of standard, non-laboratory, gemmological equipment. Capes Dunn & Co Ltd therefore cannot guarantee the treated or untreated condition of any diamonds sold, unless there is accompanying documentation obtained from an internationally recognised Gemmological Laboratory disclosing the type of treatment/s present.

• Synthetic diamonds (man-made, lab grown), especially in small ‘melee’ sizes, are becoming more common in the market place. Due to the great difficulty in detecting the synthetic origin of diamonds without the necessary laboratory equipment, it is not possible for Capes Dunn & Co Ltd to guarantee a diamond is not synthetic, therefore there will be no comment made on a diamond’s natural or synthetic origin, unless there is accompanying documentation obtained from an internationally recognised Gemmological Laboratory stating such.

Bidding

The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots, to withdraw any lots, to refuse bids and to regulate the bidding. He may bid on the vendor’s behalf for all goods which are being offered subject to reserve or at the Auctioneers’ discretion.

Internet Bidding

Capes Dunn & Co Ltd offers online bidding on all lot in their sales, through the following websites:

www.capesdunn.com

www.easyliveAuction.com

www.the-saleroom.com

PLEASE NOTE: ADDITIONAL FEES WILL BE CHARGED BY THE ABOVE WEBSITES ON ALL LOTS PURCHASED. FULL DETAILS OF THE CHARGES AND TERMS AND BUSINESS CAN BE FOUND ON THE RELEVANT WEBSITE, AS DETAILED ABOVE

Our bidding increments are as follows:

From £5 - £99 = £5 increments

From £100 - £200 = £10 increments

From £200 - £500 = £20 increments

From £500 - £1000 = £50 increments

From £1000 - £2000 = £100 increments

From £2000 - £5000 = £200 increments

From £5000 - £10,000 = £500 increments

From £10 000 + = £1000 increments

Please ensure that any commission bids left with the auction house or with the-saleroom.com comply with the above increments, otherwise they will be rounded down to the nearest bidding increment

3. Fall of Hammer. The highest bidder shall be the buyer - if any dispute arises the Auctioneer has absolute discretion to settle the dispute or to re-offer the lot. At the fall of the hammer every lot shall be at the risk of the buyer, and the purchaser shall give to the Auctioneer his name and address and such proportion of the purchase price as the Auctioneer may require, in default of which the Auctioneer may re-offer and re-sell the lot or lots in question.

4. Clearance of Purchases. No purchases shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed strictly by appointment and at the buyer’s risk and expense at the end of the first working day following the sale, failing which the auctioneers shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at the risk of the buyer and subject to a warehousing charge of £10 per lot per day. If they are not removed within seven days of the sale the auctioneers may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of the auctioneers in respect of any loss shall be restricted to a maximum of the price paid by the purchaser of the lot.

5. Agency and General. The auctioneers act as agents only and they disclaim responsibility for default by either buyer or seller. They accept no responsibility in connection with the commissioning of members of their staff to bid for lots on behalf of intending purchasers. Instructions given by telephone are accepted at the sender’s risk. The auctioneers do not guarantee the title of any lot or lots sold by them and will not be responsible for any defect in such title.

6. Defaults. If any buyer fails to comply with any of the above conditions the damages recoverable from the defaulter shall include all loss arising from any re-sale of the lot together with the charges and expenses in respect of both sales and any money deposited in part payment shall be held by the auctioneers against the defaulter’s liability.

7. Third Party Liability. Every person on the auctioneer’s premises at any time shall be deemed to be there at his own risk and with notice of the condition of the premises and of the method of arranging furniture, etc. He or she shall have no claim against the auctioneers in respect of any injury he may sustain or any accident which may occur.

8. Viewers handling goods on display will be held fully responsible for any damage or breakage.

PLEASE NOTE

There is a buyer’s premium of 22% + V.A.T. on the hammer price

PAYMENTS

All goods must be paid for within 48 hours of the date of sale, any extension of this must be agreed with the saleroom prior to the date of sale

Internet Buyers

We do not have access to the payment card details that you have given to the internet bidding platform, and therefore, upon receiving your invoice, you will need to make payment directly to ourselves, using one of the methods listed below.

Following the sale, payment for the goods can be made either by:

Cash,

Due to money laundering regulations, we are unable to accept payment of more than £5,000 in cash

Debit Card,

From UK account, payment accepted in person by card holder, or a maximum of £500 if payment made over the telephone, only one telephone payment accepted per invoice.

Please note: payment will only be accepted if the address on the invoice matches the address that the card is registered to.

Direct Bank Transfer

Company Details:

Capes Dunn & Co Ltd

40 Station Road

Heaton Mersey

SK4 3QT

Bank Details

Santander Bank

Bootle

Merseyside

GIR 0AA

Acc Name: Capes Dunn & Co Ltd

Acc No: 10753361

Sort Code: 09 02 22

IBAN No: GB90 ABBY 0902 2210 7533 61

BIC/SWIFT: ABBY GB2L

COLLECTION OF GOODS

Appointments must be made to collect all goods which must be collected within 48 hours of the date of sale, any extension of this must be agreed with the saleroom prior to the date of sale.

Please Note:

The automated ‘logistics quote’ received by internet buyers, from the-saleroom.com, is outside our control and therefore is not a recommendation from us.

We do pack smaller, non-breakable items ourselves and will post out to UK mainland addresses via Royal Mail Special Delivery if agreed by ourselves, for larger or fragile items please contact either:

Mailboxes Etc (Piccadilly, Manchester)

+44 (0)161 236 7333

sales@mbemanchesterpiccadilly.co.uk

Pack & Send

+44 (0)161 393 5740

salfordquays@packsend.co.uk

Mailboxes Etc (Didsbury, Manchester)

+44(0)161 445 0444

sales@mbemanchesterdidsbury.co.uk

Please Note:

It is the buyer’s responsibility to provide to us, details of any third party or courier who may be collecting goods on the buyer’s behalf and, for collection by courier, an appointment must be made in advance with our office. Goods will not be released unless cleared payment funds have been received and confirmation of third party or courier details received via email.