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5 auctions per yearin our new gallery in hong kong.next auction on 6th December 2012.Contact us today on wine@spink.com for more information on buying or selling with Spink Fine Wines.
TERMS AND CONDITIONS FOR BUYERSThese conditions set out the terms on which we (Spink and Son Limited of 69 Southampton Row, Bloomsbury London WC1B 4ET (company no. 04369748)) contractwith you (Buyer) either as agent on behalf of the Seller or as principal if we are the Seller. You should read these conditions carefully.1 DEFINITIONSThe following definitions in this condition apply in these conditions.Auctioneers’ Margin Scheme means a VAT margin scheme as defined by HM Revenue & Customs;Buyer’s Premiummeans the charge payable by you as a percentage of the Hammer Price, at the rates set out in clause 5.1 below;Certificate of Authenticity means a certificate issued by an Expert Committee confirming the authenticity of a Lot;Expert Committee means a committee of experts to whom a Lot may be sent for an extension in accordance with clause 3.4.3;Forgerymeans a Lot constituting an imitation originally conceived and executed as a whole with a fraudulent intention to deceive as toauthorship, origin, age, period, culture or source where the correct description as to such matters is not reflected by the descriptionin the catalogue and which at the date of the auction had a value materially less than it would have had if it had been in accordancewith the description in the catalogue. Accordingly, no Lot shall be capable of being a Forgery by reason of any damage and/orrestoration work of any kind (including re-enamelling);Hammer PriceLotReserveSellerSpink GroupVATVAT Symbolsmeans the amount of the highest bid accepted by the auctioneer in relation to a Lot;means any item deposited with us for sale at auction and, in particular, the item or items described against any Lot number in anycatalogue;the amount below which we agree with the Seller that the Lot cannot be sold;means the owner of the Lot being sold by us;Spink and Son Limited, our subsidiaries and associated companies.value added tax chargeable under VAT and any similar replacement or additional tax; andmeans the symbols detailing the VAT status of the Lot details of which are set out at the back of the catalogue.2 SPINK’S ROLE AS AGENT2.1 All sales undertaken by us either at auction or privately are undertakeneither as agent on behalf of the Seller or from time to time, as principalif we are the owner of the Lot. Please note that even if we are acting asagent on behalf of the Seller rather than as principal, we may have afinancial interest in the Lot.2.2 The contract for the sale of the Lot will be between you and the Seller.3 BEFORE THE SALE3.1 Examination of goodsYou are strongly advised to examine personally any goods in which youare interested, before the auction takes place. Condition reports areusually available on request. We provide no guarantee to you otherthan in relation to Forgeries, as set out in clause 5.13 of these Termsand Conditions.3.2 Catalogue descriptions3.2.1 Statements by us in the catalogue or condition report, or madeorally or in writing elsewhere, regarding the authorship, origin,date, age, size, medium, attribution, genuineness, provenance,condition or estimated selling price of any Lot are merelystatements of opinion, and are not to be relied on as statements ofdefinitive fact. Catalogue illustrations are for guidance only, andshould not be relied on either to determine the tone or colour ofany item or to reveal imperfections. Estimates of the selling priceshould not be relied on as a statement that this price is either theprice at which the Lot will sell or its value for any other purpose.3.2.2 Many items are of an age or nature which precludes their beingin perfect condition and some descriptions in the catalogue or givenby way of condition report make reference to damage and/orrestoration. We provide this information for guidance only and theabsence of such a reference does not imply that an item is free fromdefects or restoration nor does a reference to particular defectsimply the absence of any others.3.2.3 Other than as set out in clause 5.13, and in the absence of fraud,neither the Seller nor we, nor any of our employees or agents, areresponsible for the correctness of any statement as to theauthorship, origin, date, age, attribution, genuineness orprovenance of any Lot nor for any other errors of description or forany faults or defects in any Lot.3.3 Your ResponsibilityYou are responsible for satisfying yourself as to the condition of thegoods and the matters referred to in the catalogue description.3.4 Extensions – Stamps only3.4.1 If you wish to obtain an expert opinion or Certificate ofAuthenticity on any Lot (other than a mixed Lot or Lot containingundescribed stamps) you must notify us in writing not less thanforty-eight hours before the time fixed for the commencement of4 AT THE SALEthe first session of the sale. If accepted by us, such request shall havethe same effect as notice of an intention to question thegenuineness or description of the Lot for the purposes of clause5.13 (Refund in the case of Forgery) of these Terms andConditions and the provisions of clause 5.13 (Refund in the case ofForgery) shall apply accordingly.3.4.2 Notice of a request for an expert opinion or Certificate ofAuthenticity must give the reason why such opinion is required andspecify the identity of your proposed expert which will be subjectto agreement by us. We reserve the right, at our discretion, torefuse a request for an expert opinion or Certificate of Authenticityincluding (without limitation) where the proposed expert is notknown to us.3.4.3 If we accept a request for an expert opinion or Certificate ofAuthenticity we will submit the Lot to the Expert Committee. Youacknowledge and accept that the length of time taken by an ExpertCommittee to reach an opinion will vary depending on thecircumstances and in any event is beyond our control.3.4.4 We will not normally accept a request for an extension onaccount of condition. Any Lot described in the catalogue as havingfaults or defects may not be returned even if an expert opinion orCertificate of Authenticity cites other faults or defects not includedin the catalogue description, other than in the case of a Forgery.3.4.5 Should Spink accept a request for an extension under theforegoing provisions of this paragraph, the fact may be stated by theAuctioneer from the rostrum prior to the sale of the Lot.3.4.6 It should be noted that any stamp accompanied by a Certificateof Authenticity is sold on the basis of that Certificate only and noton the basis of any other description or warranty as to authenticity.No request for an extension will be accepted on such a stamp andthe return of such a stamp will not be accepted.4.1 Refusal of admissionOur sales usually take place on our own premises or premises overwhich we have control for the sale, and we have the right, exercisableat our complete discretion, to refuse admission to the premises orattendance at an auction.4.2 Registration before biddingYou must complete and sign a registration form and provideidentification before making a bid at auction. Please be aware that weusually require buyers to undergo a credit check.Some lots may be designated, prior to the auction, as “Premium Lots”,which means a deposit may be required before placing a bid on theitem for sale. Information will be posted on our website in such anevent.Spink Uni (07/11) (20)
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