Conditions of Sale
CONDITIONS OF SALE
These Conditions of Sale and the Important Notices and Explanation of Cataloguing Practice
set out the terms on which we offer the lots listed in this catalogue for sale. By registering to
bid and/or by bidding at auction you agree to these terms, so you should read them carefully
before doing so.
Unless we own a lot which will be specified in the catalogue, Plakas acts as agent for the
seller. This means that we are providing services to the seller to help them sell their lot and
that Plakas is concluding the contract for the sale of the lot on behalf of the seller. When
Plakas is the agent of the seller, the contract of sale which is created by any successful bid
by you for a lot will be directly between you and the seller, and not between you and Plakas
CONDITION
The condition of lots sold in our auctions can vary widely due to factors such as age,
previous damage, restoration, repair and wear and tear. Their nature means that they will
rarely be in perfect condition. Lots are sold 'as is', in the condition they are in at the time of
the sale, without any representation or warranty or assumption of liability of any kind as to
condition by Plakas or by the seller.
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 before any sale and they (and any independent experts on their behalf)
must satisfy themselves as to the accuracy of any description of a lot. Buyers are welcome
to make an appointment to view any lots listed on auction. 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. 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.
Any reference to condition in a catalogue entry or in a condition report will not amount to a
full description of condition, and images may not show a lot clearly. Colours and shades may
look different in print or on screen to how they look on physical inspection. Condition reports
may be available to help you evaluate the condition of a lot. Condition reports are provided
free of charge as a convenience to our buyers and are for guidance only. They offer our
opinion but they may not refer to all faults, inherent defects, restoration, alteration or
adaptation because our staff are not professional restorers or conservators. For that reason
they are not an alternative to examining a lot in person or taking your own professional
advice. It is your responsibility to ensure that you have requested, received and considered
any condition report.
VIEWING
If you are planning to bid on a lot, you should inspect it personally or through a
knowledgeable representative before you make a bid to make sure that you accept the
description and its condition. We recommend you get your own advice from a restorer or
other professional adviser. Pre-auction viewings are open to the public free of charge. Our
specialists may be available to answer questions at pre-auction viewings or by appointment.
ESTIMATES
Estimates are based on the condition, rarity, quality and provenance of the lots and on prices
recently paid at auction for similar property. Estimates can change. Neither you, nor anyone
else, may rely on any estimates as a prediction or guarantee of the actual selling price of a
lot or its value for any other purpose. Estimates do not include the buyer's premium or any
applicable taxes.
WITHDRAWAL
Plakas may, at its option, withdraw any lot at any time prior to or during the sale of the lot.
Plakas has no liability to you for any decision to withdraw
REGISTERING TO BID
NEW BIDDERS
If this is your first time bidding at Plakas or you are a returning bidder who has not bought
anything from any of our salerooms within the last two years you must register at least 48
hours before an auction to give us enough time to process and approve your registration.
We may, at our option, decline to permit you to register as a bidder. You will be asked for the
following:
(i) for individuals: Photo identification (driving licence, national identity card or passport)
and, if not shown on the ID document, proof of your current address (for example, a current
utility bill or bank statement).
(ii) for corporate clients: Your Certificate of Incorporation or equivalent document(s) showing
your name and registered address together with documentary proof of directors and
beneficial owners
RETURNING BIDDERS
We may at our option ask you for current identification as described in paragraph above, a
financial reference or a deposit as a condition of allowing you to bid. If you have not bought
anything from any of our salerooms in the last two years or if you want to spend more than
on previous occasions, please contact our sales department on +44 (0) 203 417 2450
IF YOU FAIL TO PROVIDE THE RIGHT DOCUMENTS
If in our opinion you do not satisfy our bidder identification and registration procedures
including, but not limited to completing any anti-money laundering and/or anti-terrorism
financing checks we may require to our satisfaction, we may refuse to register you to bid,
and if you make a successful bid, we may cancel the contract for sale between you and the
seller.
BIDDING ON BEHALF OF ANOTHER PERSON
(a) As authorised bidder. If you are bidding on behalf of another person who will pay Plakas
directly, that person will need to complete the registration requirements above before you
can bid, and supply a signed letter authorising you to bid for him/her.
(b) As agent for a principal: If you register in your own name but are acting as agent for
someone else (the "ultimate buyer(s)") who will put you in funds before you pay us, you
accept personal liability to pay the purchase price and all other sums due. We will require
you to disclose the identity of the ultimate buyer(s) and may require you to provide
documents to verify their identity.
BIDDING IN PERSON
If you wish to bid in the saleroom you must register for a numbered bidding paddle at least 1 hour before the auction. You may register online at www.plakasauctions.com or in person.
BIDDING SERVICES
The bidding services described below are a free service offered as a convenience to our
clients and Plakas is not responsible for any error (human or otherwise), omission or
breakdown in providing these services.
Phone Bids Your request for this service must be made no later than 24 hours prior to the
auction. We will accept bids by telephone for lots only if our staff are available to take the
bids. If you need to bid in a language other than in English, you must arrange this well before
the auction. We may record telephone bids. By bidding on the telephone, you are agreeing
to us recording your conversations. You also agree that your telephone bids are governed by
these Conditions of Sale.
Internet Bids on Plakas LIVE For auctions we will accept bids over the Internet.
Written Bids You can find a Written Bid Form at any Plakas office or by choosing the sale
and viewing the lots online at www.Plakasauctions.com. We must receive your completed
Written Bid at least 24 hours before the auction. Bids must be placed in the currency of the
saleroom in this case GBP. The auctioneer will take reasonable steps to carry out written
bids at the lowest possible price, taking into account the reserve. If you make a written bid
on a lot which does not have a reserve and there is no higher bid than yours, we will bid on
your behalf at around 50% of the low estimate or, if lower, the amount of your bid. If we
receive written bids on a lot for identical amounts, and at the auction these are the highest
bids on the lot, we will sell the lot to the bidder whose written bid we received first.
CONDUCTING THE SALE
WHO CAN ENTER THE AUCTION
We may, at our option, refuse admission to our premises or decline to permit participation in
any auction or to reject any bid.
RESERVES
Unless otherwise indicated, all lots are subject to a reserve. We identify lots that are offered
without reserve in the catalogue next to the lot number. The reserve cannot be more than
the lot's low estimate.
AUCTIONEER'S DISCRETION
The auctioneer can at his sole option: (a) refuse any bid; (b) move the bidding backwards or
forwards in any way he or she may decide, or change the order of the lots; (c) withdraw any
lot; (d) divide any lot or combine any two or more lots; (e) reopen or continue the bidding
even after the hammer has fallen; and (f) in the case of error or dispute related to bidding
and whether during or after the auction, to continue the bidding, determine the successful
bidder, cancel the sale of the lot, or reoffer and resell any lot. If you believe that the
auctioneer has accepted the successful bid in error, you must provide a written notice
detailing your claim within 1 business day of the date of the auction. The auctioneer will
consider such a claim in good faith.
If the auctioneer, in the exercise of his or her discretion under this paragraph, decides after
the auction is complete, to cancel the sale of a lot, or reoffer and resell a lot, he or she will
notify the successful bidder no later than by the end of the 1st calendar day following the
date of the auction. The auctioneer's decision in exercise of this discretion is final. This
paragraph does not in any way prejudice Plakas ability to cancel the sale of a lot under any
other applicable provision of these Conditions of Sale.
BIDDING
The auctioneer accepts bids from: (a) bidders in the saleroom; (b) telephone bidders, and
internet bidders through Plakas LIVE and written bids (also known as absentee bids or
commission bids) left with us by a bidder before the auction.
BIDDING ON BEHALF OF THE SELLER
The auctioneer may, at his or her sole option, bid on behalf of the seller up to but not
including the amount of the reserve either by making consecutive bids or by making bids in
response to other bidders. The auctioneer will not identify these as bids made on behalf of
the seller and will not make any bid on behalf of the seller at or above the reserve. If lots are
offered without reserve, the auctioneer will generally decide to open the bidding at 50% of
the low estimate for the lot. If no bid is made at that level, the auctioneer may decide to go
backwards at his or her sole option until a bid is made, and then continue up from that
amount. In the event that there are no bids on a lot, the auctioneer may deem such lot
unsold.
BID INCREMENTS
Bidding generally starts below the low estimate and increases in steps (bid increments). The
auctioneer will decide at his or her sole option where the bidding should start and the bid
increments.
CURRENCY CONVERTER
The saleroom video screens may show bids in some other major currencies as well as
sterling. Any conversion is for guidance only and we cannot be bound by any rate of
exchange used. Plakas is not responsible for any error (human or otherwise), omission or
breakdown in providing these services.
SUCCESSFUL BIDS
Unless the auctioneer decides to use his or her discretion as set out in, when the
auctioneer's hammer strikes, we have accepted the last bid. This means a contract for sale
has been formed between the seller and the successful bidder. We will issue an invoice only
to the registered bidder who made the successful bid. While we send out invoices by post
and/or email after the auction, we do not accept responsibility for telling you whether or not
your bid was successful. If you have bid by written bid, you should contact us by telephone
or in person as soon as possible after the auction to get details of the outcome of your bid to
avoid having to pay unnecessary storage charges.
LOCAL BIDDING LAWS
You agree that when bidding in any of our sales that you will strictly comply with all local
laws and regulations in force at the time of the sale for the relevant sale site.
THE BUYER'S PREMIUM, TAXES AND ARTIST'S RESALE ROYALTY
THE BUYER'S PREMIUM
In addition to the hammer price, the successful bidder agrees to pay us a buyer's premium
on the hammer price of each lot sold. On all lots we charge 29% of the hammer price up to
and including £1,000,000, 20% on that part of the hammer price over £1,000,000. VAT will
be added to the buyer's premium and is payable by you. For lots offered under the VAT
Margin Scheme or Temporary Admission VAT rules, the VAT may not be shown separately
on our invoice because of tax laws. You may be eligible to have a VAT refund in certain
circumstances if the lot is exported. Please see the "VAT refunds"
TAXES
The successful bidder is responsible for all applicable tax including any VAT, sales or
compensating use tax or equivalent tax wherever such taxes may arise on the hammer price
and the buyer's premium. VAT charges and refunds depend on the particular circumstances
of the buyer. It is the buyer's responsibility to ascertain and pay all taxes due. VAT is
payable on the buyer's premium and, for some lots, VAT is payable on the hammer price.
Following the departure of the UK from the EU (Brexit), UK VAT and Customs rules will
apply only. For lots Christie's ships or delivers to the United States, sales or use tax may be
due on the hammer price, buyer's premium and/or any other charges related to the lot,
regardless of the nationality or citizenship of the purchaser. Plakas will collect sales tax
where legally required. The applicable sales tax rate will be determined based upon the
state, county, or locale to which the lot will be shipped or delivered. Successful bidders
claiming an exemption from sales tax must provide appropriate documentation to Plakas
prior to the release of the lot. For shipments/deliveries to those states for which Plakas is not
required to collect sales tax, a successful bidder may be required to remit use tax to that
state's taxing authorities. Plakas recommends you obtain your own independent tax advice
with further questions.
ARTIST'S RESALE ROYALTY
In certain countries, local laws entitle the artist or the artist's estate to a royalty known as
'artist's resale right' when any lot created by the artist is sold. We identify these lots with the
symbol next to the lot number. If these laws apply to a lot, you must pay us an extra amount
equal to the royalty. We will pay the royalty to the appropriate authority on the seller's behalf.
The artist's resale royalty applies if the hammer price of the lot is 1,000 euro or more. The
total royalty for any lot cannot be more than 12,500 euro. We work out the amount owed as
follows: Royalty for the portion of the hammer price (in euros) 4% up to 50,000 3% between
50,000.01 and 200,000 1% between 200,000.01 and 350,000 0.50% between 350,000.01
and 500,000 over 500,000, the lower of 0.25% and 12,500 euro. We will work out the artist's
resale royalty using the euro to sterling rate of exchange of the European Central Bank on
the day of the auction.
WARRANTIES
SELLER'S WARRANTIES
For each lot, the seller gives a warranty that the seller: (a) is the owner of the lot or a joint
owner of the lot acting with the permission of the other co-owners or, if the seller is not the
owner or a joint owner of the lot, has the permission of the owner to sell the lot, or the right to
do so in law; and (b) has the right to transfer ownership of the lot to the buyer without any
restrictions or claims by anyone else. If one or more of the above warranties are incorrect,
the seller shall not have to pay more than the purchase price (as defined in paragraph
below) paid by you to us. The seller will not be responsible to you for any reason for loss of
profits or business, expected savings, loss of opportunity or interest, costs, damages, other
damages or expenses. The seller gives no warranty in relation to any lot other than as set
out above and, as far as the seller is allowed by law, all warranties from the seller to you,
and all other obligations upon the seller which may be added to this agreement by law, are
excluded.
OUR AUTHENTICITY WARRANTY
We warrant, subject to the terms below, that the lots in our sales are authentic (our
'authenticity warranty'). If, within forty days of the date of the auction or private treaty sales,
you give notice to us that your lot(s) is not authentic, subject to the terms below, we will
refund the purchase price paid by you.
The terms of the authenticity warranty are as follows:
(a) It will be honoured for claims notified within a period of forty days from the date of the
auction or private sale. After such time, we will not be obligated to honour the authenticity
warranty.
(b) It is given only for information shown in UPPERCASE type in the first line of the
catalogue description (the 'Heading') also known as the title (title refers to the private sale
title of sale). It does not apply to any information other than in the Heading even if shown in
UPPERCASE type.
(c) The authenticity warranty does not apply to any Heading or part of a Heading which is
qualified. Qualified means limited by a clarification in a lot's catalogue description or by the
use in a Heading of one of the terms listed in the section titled Qualified Headings on the
page of the catalogue headed 'Important Notices and Explanation of Cataloguing Practice'.
For example, use of the term 'ATTRIBUTED TO…' in a Heading means that the lot is in
Plakas opinion probably a work by the named artist but no warranty is provided that the lot is
the work of the named artist.
(d) The authenticity warranty applies to the Heading as amended by any Saleroom notice.
(e) The authenticity warranty does not apply where scholarship has developed since the
auction leading to a change in generally accepted opinion. Further, it does not apply if the
Heading either matched the generally accepted opinion of experts at the date of the sale or
drew attention to any conflict of opinion.
(f) The authenticity warranty does not apply if the lot can only be shown not to be authentic
by a scientific process which, on the date we published the catalogue, was not available or
generally accepted for use, or which was unreasonably expensive or impractical, or which
was likely to have damaged the lot.
(g) The benefit of the authenticity warranty is only available to the original buyer shown on
the invoice for the lot issued at the time of the sale and only if, on the date of the notice of
claim, the original buyer is the full owner of the lot and the lot is free from any claim, interest
or restriction by anyone else. The benefit of this authenticity warranty may not be transferred
to anyone else.
(h) In order to claim under the authenticity warranty, you must:
(i) give us written notice of your claim within forty days of the date of the auction or private
sale. And require full details and supporting evidence of any such claim;
(ii) at Plakas option, we require you to provide the written opinions of two recognised experts
in the field of the lot mutually agreed by you and us in advance confirming that the lot is not
authentic. If we have any doubts, we reserve the right to obtain additional opinions at our
expense; and
(iii) return the lot at your expense to the saleroom from which you bought it in the condition it
was in at the time of sale.
(i) Your only right under this authenticity warranty is to cancel the sale and receive a refund
of the purchase price paid by you to us. We will not, in any circumstances, be required to
pay you more than the purchase price nor will we be liable for any loss of profits or business,
loss of opportunity or value, expected savings or interest, costs, damages, other damages or
expenses.
YOUR WARRANTIES
You warrant that the funds used for settlement are not connected with any criminal activity,
including tax evasion, and you are neither under investigation, nor have you been charged
with or convicted of money laundering, terrorist activities or other crimes.
(b) Where you are bidding as agent on behalf of any ultimate buyer(s) who will put you in
funds before you pay Plakas for the lot(s), you warrant that:
(i) you have conducted appropriate customer due diligence on the ultimate buyer(s) and
have complied with all applicable anti-money laundering, counter terrorist financing and
sanctions laws;
(ii) you will disclose to us the identity of the ultimate buyer(s) (including any officers and
beneficial owner(s) of the ultimate buyer(s) and any persons acting on its behalf) and on our
request, provide documents to verify their identity;
(iii) the arrangements between you and the ultimate buyer(s) in relation to the lot or
otherwise do not, in whole or in part, facilitate tax crimes;
(iv) you do not know, and have no reason to suspect that the ultimate buyer(s) (or its
officers, beneficial owners or any persons acting on its behalf) are on a sanctions list, are
under investigation for, charged with or convicted of money laundering, terrorist activities or
other crimes, or that the funds used for settlement are connected with the proceeds of any
criminal activity, including tax evasion; and
(v) where you are a regulated person who is supervised for anti-money laundering purposes
under the laws of the EEA or another jurisdiction with requirements equivalent to the EU 4th
Money Laundering Directive, and we do not request documents to verify the ultimate buyer's
identity at the time of registration, you consent to us relying on your due diligence on the
ultimate buyer, and will retain their identification and verification documents for a period of
not less than 5 years from the date of the transaction. You will make such documentation
available for immediate inspection on our request.
PAYMENT
HOW TO PAY
(a) Immediately following the auction, you must pay the purchase price being:
(i) the hammer price; and (ii)
the buyer's premium; and
(iii) any amounts due under section above
(iv) any duties, goods, sales, use, compensating or service tax or VAT. Payment is due no
later than by the end of the seventh calendar day following the date of the auction, or no
later than 24 hours after we issue you with an invoice
(v) Additional bidding Surcharges relevant to third party bidding platforms are
payable directly to Plakas, failure to pay this will result in a delay of goods being
released.
(b) We will only accept payment from the registered bidder. Once issued, we cannot change
the buyer's name on an invoice or re-issue the invoice in a different name. You must pay
immediately even if you want to export the lot and you need an export licence.
(c) You must pay for lots bought at Plakas in the United Kingdom in the currency stated on
the invoice in one of the following ways:
(i) Wire transfer You must make payments to:
Bank: HSBC PLC
Bank Address: 45 Bank St, Canary Wharf, London, E14 5NY
Account Name: Plakas
Account number: 52775425
Sort Code: 40 05 16
IBAN: GB07 HBUK 4005 1652 7754 25
SWIFT/BIC: HBUKGB4B
(ii) Credit Card We accept most major credit cards subject to certain conditions. You may
make payment via credit card in person. You may also make a 'cardholder not present'
(CNP) payment by receiving a payment link from our post sales service team. Details of the
conditions and restrictions applicable to credit card payments are available from our Post-
Sale Services Department, whose details are set out in paragraph
(e) below. If you pay for your purchase using a credit card issued outside the region of the
sale, depending on the type of credit card and account you hold, the payment may incur a
cross-border transaction fee. If you think this may apply to, you, please check with your
credit card issuer before making the payment. Please note that for sales that permit online
payment, certain transactions will be ineligible for credit card payment.
2 • TRANSFERRING OWNERSHIP TO YOU
You will not own the lot and ownership of the lot will not pass to you until we have received
full and clear payment of the purchase price, even in circumstances where we have released
the lot to the buyer.
TRANSFERRING RISK TO YOU
The risk in and responsibility for the lot will transfer to you from whichever is the earlier of the
following:
(a) When you collect the lot; or
(b) At the end of the 30th day following the date of the auction or, if earlier, the date the lot is
taken into care by a third-party warehouse as set out on the page headed 'Storage and
Collection', unless we have agreed otherwise with you in writing.
WHAT HAPPENS IF YOU DO NOT PAY
If you fail to pay us the purchase price in full by the due date, we will be entitled to do one or
more of the following (as well as enforce our rights under remedies we have by law):
(i) to charge interest from the due date at a rate of 5% a year above the UK HSBC PLC
Bank base rate from time to time on the unpaid amount due;
(ii) we can cancel the sale of the lot. If we do this, we may sell the lot again, publicly or
privately on such terms we shall think necessary or appropriate, in which case you must pay
us any shortfall between the purchase price and the proceeds from the resale. You must
also pay all costs, expenses, losses, damages and legal fees we have to pay or may suffer
and any shortfall in the seller's commission on the resale;
(iii) we can pay the seller an amount up to the net proceeds payable in respect of the amount
bid by your default in which case you acknowledge and understand that Plakas will have all
of the rights of the seller to pursue you for such amounts;
(iv) we can hold you legally responsible for the purchase price and may begin legal
proceedings to recover it together with other losses, interest, legal fees and costs as far as
we are allowed by law;
(v) we can take what you owe us from any amounts which we or any company in the Plakas
Group may owe you (including any deposit or other part-payment which you have paid to
us);
(vi) we can, at our option, reveal your identity and contact details to the seller;
(vii)we can reject at any future auction any bids made by or on behalf of the buyer or to
obtain a deposit from the buyer before accepting any bids;
(viii) to exercise all the rights and remedies of a person holding security over any property in
our possession owned by you, whether by way of pledge, security interest or in any other
way as permitted by the law of the place where such property is located. You will be deemed
to have granted such security to us and we may retain such property as collateral security
for your obligations to us; and
(ix) we can take any other action we see necessary or appropriate.
(b) If you owe money to us or to another Plakas Group company, we can use any amount
you do pay, including any deposit or other part-payment you have made to us, or which we
owe you, to pay off any amount you owe to us or another Plakas Group company for any
transaction.
(c) If you make payment in full after the due date, and we choose to accept such payment
we may charge you storage and transport costs from the date that is 30 calendar days
following the auction in accordance with paragraphs Gd(i) and (ii). In such circumstances
paragraph Gd(iv) shall apply.
KEEPING YOUR PROPERTY
If you owe money to us or to another Plakas Group company, as well as the rights set out in
above, we can use or deal with any of your property we hold or which is held by another
Plakas Group company in any way we are allowed to by law. We will only release your
property to you after you pay us or the relevant Plakas Group company in full for what you
owe. However, if we choose, we can also sell your property in any way we think appropriate.
We will use the proceeds of the sale against any amounts you owe us and we will pay any
amount left from that sale to you. If there is a shortfall, you must pay us any difference
between the amount we have received from the sale and the amount you owe us.
COLLECTION AND STORAGE
(a) You must collect purchased lots within thirty days from the auction (but note that lots will
not be released to you until you have made full and clear payment of all amounts due to us).
(b) Information on collecting lots is set out on the Storage and Collection page and on an
information sheet which you can get from the bidder registration staff or Plakas Post-Sale
Services Department on +44 (0)20 3417 2450.
(c) If you do not collect any lot within thirty days following the auction we can, at our option:
(i) charge you storage costs at the rates set out in our terms and conditions.
(ii) move the lot to another Plakas location or an affiliate or third party warehouse and charge
you transport costs and administration fees for doing so and you will be subject to the third
party storage warehouse's standard terms and to pay for their standard fees and costs.
(iii) sell the lot in any commercially reasonable way we think appropriate.
TRANSPORT AND SHIPPING
We will enclose a transport and shipping quote with each invoice sent to you. You must
make all transport and shipping arrangements. However, we can arrange to pack, transport
and ship your property if you ask us to and pay the costs of doing so which will automatically
be included in your invoice. We recommend that you ask us for an estimate for 3rd party
shipping companies, especially for any large items or items of high value that need
professional packing before you bid. We may also suggest other handlers, packers,
transporters or experts if you ask us to do so. We will take reasonable care when we are
handling, packing, transporting and shipping a lot. However, if we recommend another
company for any of these purposes, we are not responsible for their acts, failure to act or
neglect.
EXPORT AND IMPORT
Any lot sold at auction may be affected by laws on exports from the country in which it is sold
and the import restrictions of other countries. Many countries require a declaration of export
for property leaving the country and/or an import declaration on entry of property into the
country. Local laws may prevent you from importing a lot or may prevent you selling a lot in
the country you import it into. We will not be obliged to cancel your purchase and refund the
purchase price if your lot may not be exported, imported or it is seized for any reason by a
government authority. It is your responsibility to determine and satisfy the requirements of
any applicable laws or regulations relating to the export or import of any lot you purchase.
(a) You alone are responsible for getting advice about and meeting the requirements of any
laws or regulations which apply to exporting or importing any lot prior to bidding. If you are
refused a licence or there is a delay in getting one, you must still pay us in full for the lot. We
may be able to help you apply for the appropriate licences if you ask us to and pay our fee
for doing so. However, we cannot guarantee that you will get one. For more information,
please contact Plakas Client Services Department at [email protected].
(b) You alone are responsible for any applicable taxes, tariffs or other government-imposed
charges relating to the export or import of the lot. If Plakas exports or imports the lot on your
behalf, and if Plakas pays these applicable taxes, tariffs or other government-imposed
charges, you agree to refund that amount to Plakas.
OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information given, by us or
our representatives or employees, about any lot other than as set out in the authenticity
warranty and, as far as we are allowed by law, all warranties and other terms which may be
added to this agreement by law are excluded. The seller's warranties contained in paragraph
above are their own and we do not have any liability to you in relation to those warranties.
(b) (i) We are not responsible to you for any reason (whether for breaking this agreement or
any other matter relating to your purchase of, or bid for, any lot) other than in the event of
fraud or fraudulent misrepresentation by us or other than as expressly set out in these
Conditions of Sale; or (ii) we do not give any representation, warranty or guarantee or
assume any liability of any kind in respect of any lot with regard to merchantability, fitness for
a particular purpose, description, size, quality, condition, attribution, authenticity, medium,
provenance, exhibition history, literature, or historical relevance. Except as required by local
law, any warranty of any kind is excluded by this paragraph.
(c) In particular, please be aware that our written and telephone bidding services, Plakas
LIVE, condition reports, currency converter and saleroom video screens are free services
and we are not responsible to you for any error (human or otherwise), omission or
breakdown in these services.
(d) We have no responsibility to any person other than a buyer in connection with the
purchase of any lot.
(e) If, in spite of the terms in paragraphs (a) to (d) or E2(i) above, we are found to be liable to
you for any reason, we shall not have to pay more than the purchase price paid by you to us.
We will not be responsible to you for any reason for loss of profits or business, loss of
opportunity or value, expected savings or interest, costs, damages, or expenses.
OTHER TERMS
OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel a
sale of a lot if:
(i) any of your warranties in paragraph are not correct;
(ii) we reasonably believe that completing the transaction is or may be unlawful; or
(iii) we reasonably believe that the sale places us or the seller under any liability to anyone
else or may damage our reputation.
RECORDINGS
We may videotape and record proceedings at any auction. We will keep any personal
information confidential, except to the extent disclosure is required by law. However, we
may, through this process, use or share these recordings with another Plakas Group
company and marketing partners to analyse our customers and to help us to tailor our
services for buyers. If you do not want to be videotaped, you may make arrangements to
make a telephone or written bid or bid on Plakass LIVE instead. Unless we agree otherwise
in writing, you may not videotape or record proceedings at any auction.
COPYRIGHT
We own the copyright in all images, illustrations and written material produced by or for us
relating to a lot (including the contents of our catalogues unless otherwise noted in the
catalogue). You cannot use them without our prior written permission. We do not offer any
guarantee that you will gain any copyright or other reproduction rights to the lot.
ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid or is illegal or impossible to
enforce, that part of the agreement will be treated as being deleted and the rest of this
agreement will not be affected.
TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these
terms on the contract of sale with the buyer unless we have given our written permission.
This agreement will be binding on your successors or estate and anyone who takes over
your rights and responsibilities.
TRANSLATIONS
If we have provided a translation of this agreement, we will use this original version in
deciding any issues or disputes which arise under this agreement.
LAW AND DISPUTES
This agreement, and any contractual or non-contractual dispute arising out of or in
connection with this agreement, will be governed by English law. Before either you or we
start any court proceedings and if you and we agree, you and we will try to settle the dispute
by mediation in accordance with the CEDR Model Mediation Procedure. If the dispute is not
settled by mediation, you agree for our benefit that the dispute will be referred to and dealt
with exclusively in the English courts; however, we will have the right to bring proceedings
against you in any other court.
VAT REFUNDS
We CANNOT offer refunds of VAT amounts or Import VAT to buyers who do not meet all
applicable conditions in full. If you are unsure whether you will be entitled to a refund, please
contact Client Services before you bid.
No VAT amounts or Import VAT will be refunded where the total refund is under £100.
To receive a refund of VAT amounts/Import VAT (as applicable) a non-UK buyer must: a)
have registered to bid with an address outside of the UK; and b) provide immediate proof of
correct export out of the UK within the required time frames of: 30 days of collection via a
'controlled export', but no later than 90 days from the date of the sale for * and lots. All other
lots must be exported within 90 days of the sale.
Details of the documents which you must provide to us to show satisfactory proof of
export/shipping are available from our VAT team at the address below. We charge a
processing fee of £100 per invoice to check shipping/export documents. We will waive this
processing fee if you appoint Plakas Shipping Department to arrange your export/shipping.
Following the UK's departure from the EU (Brexit), private buyers will only be able to secure
VAT-free invoicing and/or VAT refunds if they instruct Plakas or a third party commercial
shipper to export out of the UK on their behalf.
Private buyers who choose to export their purchased lots from the UK hand carry will now be
charged VAT at the applicable rate and will not be able to claim a VAT refund. 7. If you
appoint Plakas Art Transport or one of our authorised shippers to arrange your
export/shipping we will issue you with an export invoice with the applicable VAT or duties
cancelled as outlined above. If you later cancel or change the shipment in a manner that
infringes the rules outlined above we will issue a revised invoice charging you all applicable
taxes/charges. If you export via a third party commercial shipper, you must provide us with
sufficient proof of export in order for us to cancel the applicable VAT or duties outlined
above.
Buyers Premium
Buyer's Premium. The Terms & Conditions oblige you to pay a buyer's premium at 29% on the hammer price of each lot purchased. In addition, VAT is charged on the premium (see below).
VAT. Items in our catalogue may be marked with a asterisk * or double asterisk **, which indicates that VAT is payable by the buyer on the hammer price and the buyer's premium at either the standard rate (currently 20%) or a reduced rate (currently 5%), depending upon the legal requirements relating to that lot.
Condition Report
Description and Conditions
(a) 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 before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description of a lot. Buyers are welcome to make an appointment to view any lots listed on an online only auction. 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. 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.
(b) Condition Reports. Reports on the condition of any lot are offered by the Auctioneers as a statement of opinion only, and not of fact. Plakas Auctions are not liable for any errors or omissions contained therein. The buyer must satisfy themselves to the condition of any given lot prior to bidding. Plakas Auctions will not be held responsible for any damage or defect that has not been notified to the buyer. Catalogue illustrations are for guidance only and will not convey full information as to the actual condition of lots.
(c) Where the term (a/f) is used this refers to a lot being 'as found', it is used for guidance only and indicates in our opinion there is significant damage or repair to an item, the omission of this term does not indicate there is not significant damage or repair to an item and Plakas Auctions are not liable for the omission of this term.
Shipping Terms
We have our own specialist packing and international shipping service and are happy to arrange this for you, we will add a postage and packing quote to your sales invoice. We also offer a door to door courier service to take the stress out of receiving delicate or expensive items.
If you are arranging your own professional delivery, please ensure that the lot has been paid for and the transport company has full details of the items being collected and an appointment has been booked. We work strictly on an appointment basis for dispatching goods.
If you choose to use our services we will ensure goods that have left the auction premises are in perfect condition, by choosing our in house professional packaging services you agree to our terms and conditions and do not hold us accountable for any damages or loss of items in transit. You will be provided with a tracking number and all our packages sent out will require a signature upon delivery. We do not insure goods dispatched unless asked to do so, which will incur additional charges added to your invoice upon request.
We thank you for using our specialist packing & shipping service and hope to continue to do business with you in the near future.
