Full Terms & Conditions

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Definition/Interpretation

 

• KLM Whyte Auctioneers are referred to as ‘KLM Whyte Auctioneers', ‘we’, ‘us’ or ‘our’ throughout these conditions. A representative of KLM Whyte Auctioneers is referred to as the Auctioneer. These definitions apply to these conditions and to the buyer’s and seller’s conditions.

• Buyer – the highest bidder on a lot as determined by the auctioneer.

• Buyer’s premium – percentage of the hammer price added to the hammer price payable to KLM Whyte Auctioneers.

• Conditions – these Terms of Business including the Buyer’s information form.

• Condition Report – a report conducted by us as to the condition of a lot upon request from a prospective buyer following the guidance found in the buyer’s information form.

• Sale – a purchase by the buyer of a lot from the seller.

• Prospective buyer – any person registering an interest in making a purchase of a lot.

• Day of sale - the date upon which an auction takes place for a lot.

• Lot/s – an item offered for sale by a seller at an auction conducted at our premises by an auctioneer.

• Hammer price – the final price bid by a prospective buyer prior to the auctioneer concluding an auction.

• Viewing day or days – a day determined at our discretion for prospective buyers to view lots. Time allocated for viewing will be determined according to the size and nature of the lots.

• ‘Deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description.

• ‘Terms of consignment’ means the stipulated terms and a rate of commission on which KLM Auctioneers accepts instructions from sellers or their agents.

• ‘Total amount due’ means the hammer price in respect of the lot sold together with any premium, VAT chargeable and any additional charges payable by a defaulting buyer under these conditions.

• ‘Sale proceeds’ means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, VAT chargeable and any other amounts due to us by the seller in whatever capacity and however arising.

 

Agency

KLM Whyte Auctioneers act throughout as agents only and disclaims any responsibility for default by buyers or sellers.

 

We act as agents for the seller, whose details remain confidential. If a person buys at auction the contract is with the seller, not us.

 

Descriptions and condition of lots

• 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 lots 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 accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we, the auctioneer, nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory are hereby excluded. This condition is subject to the next following condition concerning deliberate forgeries and applies to private treaty sales made.

• Condition reports are not printed in the catalogue or on our website however we are happy to provide them when requested subject to our terms and conditions of sale in writing or orally. The absence of any reference to condition in any description does not imply the lot is without fault.

• We accept no liability for any damage for any lot arising during the viewing, during the sale or after the sale. We act as agents only.

• Forgery: any lot that proves to be a deliberate forgery may be returned to KLM Auctioneers by the buyer within 21 days of the sale provided it is in the same condition as when bought and is accompanied by particulars identifying it from the relevant catalogue description and a written statements of defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery we shall refund the amount paid (including buyer’s premium) provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of the sale or (2) you are unable to transfer a good and marketable title to us, you shall have no rights under this condition.

 

Liability

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 (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale.

 

Disputes

Any dispute regarding any aspect of an auction shall be settled at the sole discretion of KLM Auctioneers.

 

General

• KLM Whyte Auctioneers has the right, at our discretion, to refuse admission to our premises or attendance at our auctions by any person.

• The auctioneer reserves the right to regulate the amount of the bids.

• The auctioneer reserves the right to bid on behalf of the seller where the sale is subject to a reserve.

• The auctioneer has the right to refuse bids from any person (subject to anti-discrimination laws).

• It will be at the auctioneer’s discretion as to the lotting of property for sale and as to any subsequent combination or division of lots.

• The auctioneer has the right to withdraw any lot from the sale and to cancel or alter the date, time and place of the action.

 

Caveat Emptor

The principle of Caveat Emptor applies to the sale of all goods sold at auction by us. Furthermore, we have no control over the condition of any item offered for sale.

 

Data Protection

Personal data obtained about you will be used in accordance with our Privacy Policy. A copy of our Privacy Policy can be found at the bottom of this page, in hard copy from reception or by post from our Data Officer at KLM Whyte Auctioneers, Unit 22, Moderna Way, Mytholmroyd, HX75QQ.

 

Artist’s Resale Rights

• Pictures produced by European Artists can be subject to the Artist’s Resale Right or Droit de Suite which took effect in the United Kingdom on the 14th February 2006. Under this legislation KLM Whyte Auctioneers is required to collect a royalty payment for works by a living artist which sell for more than 1000 Euros. This also applies to works by artists who have died within the last seventy years. It is calculated on the Rate of Exchange at the European Central Bank on the date of sale. It is charged to the buyer as a percentage of the hammer price and in addition to the buyer’s premium. The Artist’s Resale Right is not subject to VAT. Works of art sold at or above 1000 Euros and below 50000 Euros is 4%. It is the responsibility of the buyer to acquaint themselves with the actual Euro to UK sterling exchange rate on the day of sale. The actual qualifying threshold will be calculated by the Artist’s Resale Right Service Hub based on the European Central Bank reference rate published at 2.15 pm on the day of sale and can be found on www.dacs.org.uk

• No additional fees or handling costs are retained by KLM Whyte Auctioneers. An asterisk against an item in the catalogue will indicate if the lot is a potentially qualifying item.

 

Endangered species

• Due to international laws, any item on the Endangered Species List (i.e. ivory, rhino horn etc.), whether it dates from the 18/19th century or the 1930s, requires re-export permits for bidders outside the EU(cities). Some countries also require import permits as well and all permits must be in place prior to shipment. KLM Whyte Auctioneers cannot be held liable if a purchaser buys a lot that falls within this field and then import/export licences cannot be arranged. Certain countries, particularly the USA, have their own Endangered Species Act (USASA) and possession or being involved in a commercial transaction with any item on this list can be an offence for a US resident. Therefore, it is the potential buyer’s responsibility to check Federal regulations before bidding for a lot, which comes under these or similar regulations.

• No license is required to sell or advertise within the EU if items are pre-1947.

 

Terms and Conditions for Sellers

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Commission

Fees for the sale of goods are:

• 12% of the hammer price plus £1 for each lot entered into the sale. The £1 fee for each lot is payable whether the lot is sold or not.

 

Warranty of Title

• The seller warrants to KLM Whyte Auctioneers that they are the true owner of the property consigned and has checked the appropriate databases or is properly authorised by the true owner to consign it for sale and is able to transfer goods and marketable title to the property free from third party claims.

 

Right to refuse

• We reserve the right to accept or reject goods for consignment.

• The auction house reserves the right to decide the appropriate date and place of sale, the lotting of property, and their division or combination with others belonging to the same seller.

 

Unsold Items

• Should any goods be unsold at the end of the auction generally they can be offered for sale in the following auction.

• The auctioneer reserves the right to ask for the property to be removed if he does not think it will sell in the next sale.

• A lot which fails to sell, and which the seller does not wish to be re-offered, will be expected to be removed from the premises by 2pm on the Tuesday following the sale. There are no facilities for storage.

• KLM Whyte Auctioneers reserve the right to dispose of goods which are not collected within 2 months of consignment unless a special arrangement has been made with the seller.

 

Loss or Damage Warranty

• Whilst every effort will be made to look after goods left for auction, KLM Whyte Auctioneers accepts no responsibility or liability for any theft, damage or breakages. Goods are left entirely at the seller’s own risk.

• Goods are at sellers risk until sold and it is for the vendor to make appropriate insurance arrangements until title is handed to the buyer on the fall of the hammer. All goods purchased are the buyer’s responsibility from the moment they are sold on the fall of the auctioneer’s hammer. The buyer should make their own insurance arrangements with effect from that time.

 

Minimum bids and our discretion

• All lots are sold at the auctioneer’s discretion unless a reserve is agreed between KLM Whyte Auctioneers and the seller. (See Reserves) We may sell lots below the reserve provided we account to the seller for the same sale proceeds as they would have received had the reserve been the hammer price. If the seller specifically gives us ‘discretion’ we may accept a bid of up to 10% below the formal reserve.

 

Withdrawn items/Cancellation of Sale by Seller

• The fee for cancelling a sale or for withdrawal of a lot prior to the sale is 20% of the estimated value or the reserve (determined at our sole discretion), plus any reasonable costs incurred.

 

Withdrawn item/cancellation of sale by KLM Whyte Auctioneers

• We accept no liability for any cancellation/postponement/default of a sale. We reserve the right to withdraw any lot from a sale at our discretion and no liability will be accepted should we, at our discretion, withdraw a lot for sale.

 

Reserves

• Sellers 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.

 

Illustrations and Photographic Images

• Any photographs of goods are covered by copyright to KLM Whyte Auctioneers and must not be reproduced without permission.

 

Electrical Items

• Electrical goods are sold as scrap and KLM Whyte Auctioneers hold no liability for the condition, safety or working of any item.

• We advise having any electrical items checked by a qualified electrician prior to using them.

 

Soft furnishings

• The sale of soft furnishings is strictly regulated by the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989, 1993 and 2010 and published in 2021). A lot found not to comply with these regulations will not be accepted for sale and must be removed at the seller’s expense or disposed of by KLM Whyte Auctioneers at the seller’s expense. For the avoidance of doubt, we do not conduct testing of soft furnishings for compliance with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and no warranty or representation in relation to the same is accepted or given. It is the sole responsibility of the seller to ensure compliance.

 

Descriptions

• We require accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under the forgery section of the conditions of sale and we have accounted to you for the proceeds of the sale you agree to reimburse us the sale proceeds. The liability to reimburse the sale proceeds shall not arise where you are acting reasonably and honestly and are unaware of the forgery that we are or ought to have been aware of it.

 

Disposal of Items

• KLM Whyte Auctioneers will dispose of items from house clearances which, in our opinion and at our sole discretion, are of no saleable value. A charge relating to the tip charge incurred by KLM Whyte Auctioneers in disposing of these items will be made for this service.

 

Haulage

• All goods are to be delivered to the sale room by the seller. KLM Whyte Auctioneers can provide the name of a local carrier but accepts no liability for loss and or damage in transit.

 

Authority to deduct commission and expenses and retain premium and interest

• You authorise us to deduct commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement.

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Private Treaty

• You authorise us in our discretion to negotiate a sale by private treaty not later than three days following the sale.

• Private Treaty sales made under these conditions are deemed to be sales by auction for the purposes of consumer legislation.

 

Payment

• The ‘net sale proceeds’ received from the buyer in cleared funds will be forwarded to the seller no later than 28 working days after the auction but KLM Whyte Auctioneers will use all reasonable endeavours to settle payment within 7 days of the sale and funds can be collected the Monday onwards following the sale.

• Clients’ money is held in a separate account which will be used to pay sellers in the days following the sale by cash or bank transfer.

 

Goods accepted for sale in deteriorating condition

• Although taking every, care KLM Whyte Auctioneers do not accept liability for the continuing deterioration of items received in poor condition and pending sale or remaining unsold. Non-exclusive examples include fragile works on paper, dry or peeling paint on canvas, moth damage to carpets, rising veneers on furniture and loose book bindings, nor do KLM Whyte Auctioneers accept liability for damage to plaster of gesso picture or mirror frames.

 

Terms and Conditions for Buyers

 

Registration, Bidding Procedures and the buyer

 

• Prospective buyers must register in writing before a sale, giving their full name, address, contact telephone number(s) and email address.

• First time buyers will be required to provide proof of identity (i.e. driving licence/passport, a copy of a utility bill or a document showing their name and address).

• Upon the receipt of the above information a paddle will be issued which is the buyer’s number indefinitely.

• The prospective buyer must ensure that the auctioneer can see their number as indicated on the paddle and that it is their number that is called out.

• Should there be any doubts as to price or buyer, please draw the auctioneer’s attention to it immediately. No liability shall be accepted for failure to rectify an error during a sale.

• The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer’s absolute discretion by reoffering the lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion.

• The buyer who is successful in purchasing any lot or lots is entirely responsible for paying for such lot or lots in accordance with these conditions.

• Purchases made on behalf of a third party are the responsibility of the buyer in the room.

• The auctioneer reserves the right to bid on behalf of the seller on any lot and to withdraw, consolidate or divide any lot or lots.

• Bidders shall be deemed to act as principles.

• Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved.

• The auctioneer has the right not to accept bids (subject to anti-discrimination and other relevant laws).

• Once made, no bid may be withdrawn.

 

Increments

• Bidding increments shall be at the auctioneer’s sole discretion.

 

Condition Reports

• The absence of any such notice does not imply that a lot is free from defects, nor does it indicate that other defects are not also present. All potential buyers are deemed to have viewed all pieces they intend to bid for and to have fully satisfied themselves as to the condition of the same.

• Viewing times are advertised so that the buyer has the opportunity to examine the lots prior to the sale.

• Condition reports are available on request.

• All lots are sold as seen.

 

Commission and Telephone Bids

• Whilst 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 will, if so instructed clearly and in writing, execute bids on their behalf or by telephone.

• Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable.

• 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.

• Requests for commission bids and telephone bidding must be registered a minimum of 30 minutes prior to the close of viewing at 10 am on sale day. We will not accept requests after that time. .

• Telephone lines are booked on a first come first served basis and a name and telephone number must be provided at the time of the request and in some cases full proof of identity.

 

Buyer’s Premium

• The buyer’s premium is 15% of the hammer price payable on each lot

 

Payment

• Payment is due immediately from the buyer after the auction.

• Payment may be made in cash, debit or credit cards or bank transfer.

 

Transfer of Risk

• The risk in the lot shall pass to the buyer upon the completion of the sale by the auctioneer. KLM Whyte Auctioneers are not responsible for the correct description, genuineness or authenticity of any lot as per these conditions.

• The buyer is deemed to have inspected each lot and satisfied himself as to its condition.

 

Ownership of the lot

• The ownership of any lots purchased shall not pass to you until you have made payment in full to KLM Whyte Auctioneers for the total amount due.

 

Storage and Collection

• Goods can be paid for and collected when the auction finishes, the following Saturday morning 10am – 12 pm, the Monday 9 am – 2 pm or Tuesday after the auction 9 am – 12 pm.

• All goods must be removed from the sale room by 12 pm on the Tuesday following the auction.

• Removal of lots purchased will be at your own risk and expense.

• You are responsible for any removal, storage and insurance charges relating to the lots purchased.

• There are no facilities for storage at KLM Whyte Auctioneers so lots must be removed within the timescale provided in these conditions unless by prior arrangement with the auctioneer.

• The buyer will be liable for the repair to the premises or other lots damaged during the removal of their property.

 

Remedies for non-payment or failure to collect purchases

 

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 seller and on our own behalf, shall at our absolute discretion and without prejudice to any other right we may have, be entitled to exercise one or more of the following rights and remedies:

• To proceed against you for damages for breach of contract;

• To rescind the sale of that lot and any other lots sold by us to you;

• 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). Any surplus so arising shall belong to the seller;

• To remove, store and insure the lot at your expense and, in the case of storage, either at or premises or elsewhere;

• To charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than 3 working days after the sale;

• To retain that or any other lot sold to you until you pay the total amount due;

• To reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted;

• To apply any proceeds of sale of other lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose the debt due is satisfied.

 

We shall, as agent for the seller and on our own behalf, pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions.

 

Terms of Sale

• The seller acknowledges that lots are sold subject to the stipulations of these conditions in their entirety and on the Terms of Consignment as notified to the consignor at the time of the entry of the lot.