The property offered in this sale and listed in this catalogue will be sold by The Artangel Trust. Any questions in relation to the auction should be directed to The Artangel Trust and not to Sotheby’s, which serves merely as auctioneer in conducting the sale and participates on the following terms and conditions which govern the sale of all the property offered (as amended by any posted notices or oral announcements during the auction):
1. a) Neither Sotheby’s nor The Artangel Trust assumes any risk, liability or responsibility for the authenticity or the authorship of any property identified in this catalogue (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified herein).
b) All property is sold with all faults and imperfections and errors of description and neither Sotheby’s nor The Artangel Trust makes any representations or warranties of any kind or nature, expressed or implied, with respect to the property and in no event shall either of them be responsible for the correctness of any descriptions of property, nor be deemed to have made, any representations or warranties of physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity or provenance of the property. No statement in the auction catalogue or other description made at the sale, in any sale invoice or elsewhere, shall be deemed such a representation or warranty.
c) Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.
d) Property may be offered subject to reserves.
2. Any property may be withdrawn by Sotheby’s or The Artangel Trust at any time before the actual sale.
3. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue.
4. Sotheby’s and The Artangel Trust reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, the sale records of The Artangel Trust shall be conclusive in all respects.
5. If the auctioneer determines that any opening bid is not commensurate with the value of the property, he may reject the same and withdraw the property from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.
6. On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof, (b) will sign a confirmation of purchase there of and (c) will pay the full purchase price or such part as The Artangel Trust may require. The Artangel Trust will not release a lot to a successful buyer until payment of the total amount due has been made. After payment, the purchaser shall remove the Property from Sotheby’s premises (if held at Sotheby’s). If the property is not so removed, it may be sent by The Artangel Trust at its discretion to storage for the account, risk and expense of the purchaser and such charges will then be added to the purchase price of the property. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to The Artangel Trust by law including, without limitation, the right to hold the purchaser liable for the bid price, The Artangel Trust, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property on three days’ notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any shortfall between the original sale price and the price achieved upon resale, all other charges due hereunder and any incidental damages.
7. Payments for purchases must be made in Sterling and in the following forms; cash, cheque (backed by cheque guarantee card) and all major credit cards (the latter for purchases under £25,000.00).
8. In the case of commission bids or bids transmitted by telephone, Sotheby’s and The Artangel Trust are not responsible for errors or omissions arising out of or resulting from mechanical difficulties or failure.
9. In no circumstances will Sotheby’s or The Artangel Trust rescind any purchase made or refund the amount paid in respect of any lot.
10. Neither shipping nor delivery costs are included in the price at which a lot is knocked down by the auctioneer to the buyer.
11. These Conditions of Sale, as well as respective rights and obligations hereunder of the purchaser, The Artangel Trust and Sotheby’s shall be governed by and con- strued and enforced in accordance with the laws of England and Wales. By bidding at an auction, whether present in person or by agent, commission bid, telephone or other means, the purchaser shall be deemed to have consented to the exclusive jurisdiction of Courts of England and Wales.