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Conditions of Business

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The Buyer

1. Purchasers will be deemed:
a) To have inspected their lots prior to the sale
b) Accept that lots are sold with faults or imperfections, specifically mentioned or not, irrespective of whether they bid in person, by commission or by agent.

2. All goods are second hand and sold without warranty.

3. Catalogue descriptions are matters of opinion only and shall not be taken to be statements of fact.

4. Callans acts only as an agent for the seller and reserve the following rights:

a) To sell an item to a reserve price.
b) To bid on behalf of a vendor and/or purchasers.
c) To refuse any bid.
d) To rearrange, consolidate, divide, add or withdraw any lots in the sale.
e) To exclude any person from the premises if there is good reason for doing so.

5. The purchaser shall be the highest bidder acceptable to Callans and Callans shall have absolute discretion to settle any dispute.

6. At the fall of the hammer the purchaser is required to give his/her paddle number. If a bid is on behalf of another person, company or organisation he should make this clear to the auctioneer at the time or he will be held personally liable for the purchase under the terms of conditions.

7. Upon the sale of a lot, the purchaser shall pay to Callans, within 5 days, the hammer price plus a buyer’s premium of 17.5% together with VAT at the standard rate (20%) on the buyer’s premium. e.g. hammer price £10 – total price £12.10.

8. No transfer of lots or sub sale by any purchaser will be recognised by Callans, purchasers shall remain liable under these conditions.

9. All lots will be the purchasers risk from the fall of the hammer. Purchasers are therefore advised to check they have adequate insurance cover.

10. For purchasers not present we no longer accept any card payments – credit or debit cards. All payments must be made by Bank Transfer or Bankers Draft. Our bank details will be attached to all invoices. Payment must be made within five working days.

11. All lots must be cleared from the premises at the purchasers expense within five working days.

12. If a purchaser fails either to pay or to collect goods, Callans shall without notice to the purchaser, be entitled to:

a) Resell the lots by public or private sale, any deficiency from resale will be paid to Callans by the purchaser and any surplus shall belong to the seller.
b) Store lots at £5 per lot per week and release lots only after payment in full including all costs in connection with the lot.

13. Artist Resale Right: If a lot is affected by this right it will be identified with the symbol ARR next to the lot number. The buyer agrees to pay to Callan’s an amount equal to the resale royalty and we will pay such amount to the artist’s collecting agent. Resale royalty applies where the Hammer Price is 1,000 Euro or more and the amount cannot be more than 12,500 Euro per lot.

14. Online Bidding: Thomas R Callan offer an online bidding service via the-saleroom.com for bidders who cannot attend the sale. In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Thomas R Callan:

(1). authorise Thomas R Callan, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via the-saleroom.com and
(2). Confirm that you are authorised to provide these credit card details to Thomas R Callan through www.the-saleroom.com and agree that Thomas R Callan are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

Please note that any lots purchased via the-saleroom.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price.

The Seller

Callan’s shall have absolute discretion as to the following:

(i) Whether the lot is suitable for sale by Callan’s and if so as to the date of sale, the conditions of sale and the manner in which such sale is conducted.
(ii) Whether to divide any lots to combine any two or more lots. Warranty and Indemnity
(i) The seller warrants to Callan’s and to the buyer that he is and will be able to transfer goods and marketable title to the lot free from all liens and encumbrances.
(ii) The seller shall indemnify Callan’s and its employees and the buyer against all claims made or proceedings brought by persons entitled or purporting to be entitled to the lot and shall reimburse Callan’s for all expenses as a result of any breach by the seller of (i) above.

Reserves

(i) Lots may be offered subject to reserve as agreed between Callan’s and the seller and once a reserve has been agreed, it may be changed only with the consent of Callan’s.
(ii) The seller shall not bid for his property nor employ any person to bid for him. Callan’s alone shall have the right to bid on behalf of the seller up to the amount of the reserve.
(iii) The Auctioneer has the discretion to sell a reserved lot if the hammer price falls within 10% of the reserved price.
(iv) Minimum acceptable reserve for general interior sale is £50 and for specialist antique sales is £100.

Commission

(i) The seller authorises Callan’s to deduct commission (15% standard rate) from the hammer price plus VAT at 20%.
(ii) Minimum commission charge is £3.00 per lot

Insurance

(i) Unless otherwise instructed by the seller, all lots will automatically be covered by insurance under Callan’s policy.

Advertising

(i) The rate of advertising premium payable by the seller is 1.75% of the hammer price plus VAT at 20%.

Payment of proceeds of sale

(i) Callan’s shall pay the proceeds of sale to the seller ten days after receiving full payment from the buyer.
(ii) If by the due date Callan’s has not received the purchase price in full from the buyer, then Callan’s may resell the lot at the next suitable sale.

Unsold lots

(i) Lots unsold by auction must be collected at the seller’s expense within two days after notice from Callan’s. Upon the expiry of such a period Callan’s shall have the right to resell by auction, private sale or dispose of such lots.

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