Important Information for Buyers
Please note that all measurements including bore sizes are
Estimates are published as a guide only and are subject to
review. The actual hammer price of a lot may well be higher
lower than the range of figures given and there are no fixed
A Buyer’s Premium of 24% is applicable to all lots.
Excepting lots sold which are marked with the symbol
(see below), the Buyer's Premium is subject to VAT at the
standard rate (currently 205). Lots offered for sale
under the auctioneer's margin scheme and VAT on the
Buyer’s Premium is payable by all buyers.
Lots marked with the symbol ‡ have been imported from
outside the European Union (EU) to be sold at auction under
Temporary Import Rules. When released to buyers within the
EU, including the UK, the buyer will become the importer and
must pay VAT at the rate of 5% on the hammer price.
The Buyer's premium will be subject to the standard VAT rate
20%. Buyers outside the EU will normally be
eligible to obtain a refund in respect of temporary import
VAT, upon satisfactory documentary evidence of exportation. Further information on this matter is available on request.
A Webcast fee of 3% plus VAT is payable on the hammer price
for items bought online.
~ Restricted Materials Lots marked
with the symbol ~ have been identified at the time of
cataloguing as containing organic material which may be
subject to restrictions regarding import or export.
The information is made available for the convenience of
bidders and the absence of the symbol is not a warranty that
there are no restrictions regarding import or export of the
Thomas Del Mar Ltd will be pleased to execute bids on
behalf of those clients unable to attend the sale in person,
to our Conditions of Business. All bids must be submitted in
writing in good time and lots will always be purchased as
cheaply as possible (depending on any other bids received,
reserves and competition in the saleroom). This service is
offered free of charge.
Thomas Del Mar Ltd can supply
quotations for shipping of purchases, including transit
insurance and VAT refund administration fees, and will
assist in the application for any export licences which may
be required. Administration fees
may be applicable for this. Buyers are reminded that it is their
responsibility to comply with UK export regulations and with
any local import requirements.
Please note that the armour stands and many of the display
mounts used in the catalogue and the sale exhibition may be
made available at cost price to the successful buyer of the
relevant lot. Please contact us for prices and further
Payment is due in sterling at the conclusion of the sale and
before purchases can be released. Please note that we
require seven days to clear sterling cheques unless special
arrangements have been made in advance of the sale. We are
pleased to accept major credit cards (regrettably we are
unable to accept American Express), for which a surcharge
will be made of 3% of the transaction total.
International debit cards attract a 3% surcharge.
There is no
charge for payments made by
debit card. Cash and Credit card
payments above £6,000
and "card holder not present" payments above £2,000
will not be accepted without
Electronic transfers may be sent
directly to our Bank:
HSBC Bank Plc
38 High Street
Thomas Del Mar Ltd
On receipt of cleared funds, lots can be collected from
Thomas Del Mar Ltd's premises at
London, W14 0PD. Please note that collection is
on +44 (0) 207 602 4805. All lots should be cleared within
month of the auction date, after which they will be
transferred to a third party for storage. A transfer fee of
£10 per lot plus all incurred transfer and storage costs due
to the third party will be payable prior to release.
Thomas Del Mar Ltd’s Authenticity Guarantee
If Thomas Del Mar Ltd sells an item
of Property which is later shown to be a “Counterfeit”,
subject to the terms below Thomas Del Mar Ltd will rescind
the sale and refund the Buyer the total amount paid by the
Buyer to Thomas Del Mar Ltd for that Property, up to
a maximum of the Purchase Price.
The Guarantee lasts for one (1) year
after the date of the relevant auction, is for the benefit
of the Buyer only and is non-transferable.
means an item of Property that in Thomas Del Mar Ltd’s
reasonable opinion is an imitation created with the intent
to deceive over the authorship, origin, date, age, period,
culture or source, where the correct description of such matters is not included in the catalogue description for the
not be considered Counterfeit solely because of any damage
and/or restoration and/or modification work (including, but
not limited to, recolouring, tooling or repatinating).
Please note that this Guarantee does
not apply if either:-
description was in accordance with the generally accepted
opinions of scholars and experts at the date of the sale, or
the catalogue description indicated that there was a
conflict of such opinions; or
the only method
of establishing at the date of the sale that the item was a
Counterfeit would have been by means of processes not then
generally available or accepted, unreasonably expensive or
impractical; or likely to have caused damage to or loss in
value to the Property (in Thomas Del Mar Ltd’s reasonable
there has been no material loss in value of the Property
from its value had it accorded with its catalogue
To claim under this Guarantee, the
notify Thomas Del Mar Ltd in writing within one (1) month
of receiving any information that causes the Buyer to
question the authenticity or
attribution of the Property, specifying the lot number, date
of the auction at which it was purchased and the reasons why
it is believed to be Counterfeit; and
return the Property to Thomas Del Mar Ltd in the same
condition as at the date of sale and be able to transfer
good title in the Property, free from any third party claims
arising after the date of the sale.
Thomas Del Mar
Ltd has discretion to waive any of the above requirements.
Thomas Del Mar Ltd may require the Buyer to obtain at the
Buyer's cost the reports of two independent and recognised
experts in the relevant field and acceptable to Thomas Del
Mar Ltd. Thomas Del Mar Ltd shall not be bound by any
reports produced by the Buyer, and reserves the right to
seek additional expert advice at its own expense. In
the event Thomas Del Mar Ltd decides to rescind the sale
under this Guarantee, it may refund to the Buyer the
reasonable costs of up to two mutually approved independent
expert reports, provided always that the costs of such
reports have been approved in advance and in writing by
Thomas Del Mar Ltd.
Business for Buyers
contractual relationship of Thomas Del Mar Ltd and Sellers
with prospective Buyers is governed by:-
these Conditions of Business for Buyers;
Conditions of Business for Sellers displayed in the saleroom
and available from Thomas Del Mar Ltd;
Thomas Del Mar Ltd’s Authenticity Guarantee;
additional notices and terms printed in the sale catalogue,
in each case as amended by any saleroom notice or
auctioneer, Thomas Del Mar Ltd acts as agent for the
Seller. Occasionally, Thomas Del Mar Ltd may
own or have a financial interest in a lot.
is any person making, attempting or considering making a
bid, including Buyers;
is the person who makes the highest bid or offer accepted by
the auctioneer, including a Buyer’s principal when bidding
is the person offering a lot for sale, including their
agent, or executors;
means Thomas Del Mar Ltd, Auctioneers, 25 Blythe Road,
London, W14 0PD, company number 5368339.
Expenses" are any costs or expenses due to Thomas Del
Mar Ltd from the Buyer;
Premium" is the commission
payable by the Buyer on the Hammer Price at the rates set
out in the Guide for Prospective Buyers;
Price" is the highest bid for
the Property accepted by the auctioneer at the auction or
the post auction sale price;
Price" is the Hammer Price plus
applicable Buyer’s Premium and Buyer’s Expenses;
Price" (where applicable) is
the minimum Hammer Price at which the Seller has agreed to
sell a lot.
Premium, Buyer’s Expenses and Hammer Price are subject to
VAT, where applicable.
3. Examination of
TDM’s knowledge of lots is partly dependent on information
provided by the Seller and TDM is unable to exercise
exhaustive due diligence on each lot. Each lot is available
for examination before sale. Bidders are responsible
for carrying out examinations and research before sale to
satisfy themselves over the condition of lots and accuracy
oral and/or written information provided to
Bidders relating to lots, including descriptions in the
catalogue, condition reports or elsewhere are statements of
TDM’s opinion and not representations of fact. Estimates may
not be relied on as a prediction of the selling price or
value of the lot and may be revised from time to time at
TDM’s absolute discretion.
4. Exclusions and
limitations of liability to Buyers
shall refund the Purchase Price to
the Buyer in
circumstances where it deems that the lot is a Counterfeit,
subject to the terms of TDM’s Authenticity Guarantee.
Subject to Condition 4(a), neither TDM nor the
liable for any errors or omissions in any oral or written
information provided to Bidders by TDM, whether negligent or
gives any guarantee or warranty to Bidders and any implied
warranties and conditions are excluded (save in so far as
such obligations cannot be excluded by English law), other
than the express warranties given by the Seller to the Buyer
(for which the Seller is solely responsible) under the
Conditions of Business for Sellers;
accepts responsibility to Bidders for acts or omissions
(whether negligent or otherwise) by TDM in connection with
the conduct of auctions or for any matter relating to the
sale of any lot.
Without prejudice to Condition 4(b), any claim against TDM
and/or the Seller by a Bidder is limited to the Purchase
Price for the relevant lot. Neither TDM nor the Seller shall
be liable for any indirect or consequential losses.
Nothing in Condition 4 shall exclude or limit the liability
of TDM or the Seller for death or personal injury caused by
the negligent acts or omissions of TDM or the Seller.
5. Bidding at
has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and
supply such information and references as TDM requires.
Bidders are personally liable for their bid and are jointly
and severally liable with their principal, if bidding as
agent (in which case TDM’s prior and express consent must be
advises Bidders to attend the auction, but TDM will
endeavour to execute absentee written bids provided that
they are, in TDM’s opinion, received in sufficient time and
in legible form.
available, written and telephone bidding is offered as a
free service at the Bidder’s risk and subject to TDM’s other
commitments; TDM is therefore not liable for failure to
execute such bids. Telephone bidding may be recorded.
6. Import, Export
and Copyright Restrictions
TDM and the
Seller make no representations or warranties as to whether
any lot is subject to import, export or copyright
restrictions. It is the Buyer's sole responsibility to
obtain any copyright clearance or any necessary import,
export or other licence required by law, including licences
required under the Convention on the International Trade in
Endangered Species (CITES).
7. Conduct of the
auctioneer has discretion to refuse bids, withdraw or
re-offer lots for sale (including after the fall of the
hammer) if (s)he believes that there may be an error or
dispute, and may also take such other action as (s)he
reasonably deems necessary.
auctioneer will commence and advance the bidding in such
increments as (s)he considers appropriate and is
entitled to place bids on the Seller’s behalf up to the
Reserve Price for the lot, where applicable.
Subject to Condition 7(a), the contract between the Buyer
and the Seller is concluded on the striking of the
post-auction sale of lots shall incorporate these Conditions
8. Payment and
Unless otherwise agreed in advance, payment of the Purchase
Price is due in pounds sterling immediately after the
auction (the "Payment Date").
Title in a lot will not pass to the Buyer until TDM has
received the Purchase Price in cleared funds. TDM will
generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the
Buyer's obligation to pay the Purchase Price, as above.
refusal of any licence or permit required by law, as
outlined in Condition 6, shall not affect the Buyer’s
obligation to pay for the lot, as per Condition 8(a).
The Buyer must arrange
collection of lots within 10 working days of the auction.
Purchased lots are at the Buyer's risk from the earlier of (i)
collection or (ii) 10 working days after the auction.
Until risk passes, TDM will compensate the Buyer for any
loss or damage to the lot up to a maximum of the Purchase
Price actually paid by the Buyer. TDM’s
assumption of risk is subject to the exclusions detailed in
Condition 5(d) of the Conditions of Business for Sellers.
packing and handling of lots is at the Buyer's risk. TDM
will not be liable for any acts or omissions of third party
packers or shippers.
9. Remedies for
prejudice to any rights that the Seller may have, if the
Buyer without prior agreement fails to make payment for the
lot within 5 working days of the auction, TDM may in its
sole discretion exercise 1 or more of the following
store the lot at its premises or elsewhere at the Buyer’s
sole risk and expense;
cancel the sale of the lot;
off any amounts owed to the Buyer by TDM against any amounts
owed to TDM by the Buyer for the lot;
reject future bids from the Buyer;
charge interest at 4% per annum above HSBC Bank plc Base
Rate from the Payment Date to
the date that the Purchase Price is received in
re-sell the lot by auction or privately, with estimates and
reserves at TDM’s discretion, in which case the Buyer will
be liable for any shortfall between the original Purchase
Price and the amount achieved on re-sale, including all
costs incurred in such re-sale;
Exercise a lien over any Buyer’s Property in TDM’s
possession, applying the sale proceeds to any amounts owed
by the Buyer to TDM. TDM shall give the Buyer 14 days'
written notice before exercising such lien;
commence legal proceedings to recover the Purchase Price for
the lot, plus interest and legal costs;
disclose the Buyer’s details to the Seller to enable the
Seller to commence legal proceedings
10. Failure to
the Buyer pays the Purchase Price but does not collect the
lot within 20 working days of the
auction, the lot will be stored at the Buyer's
expense and risk at TDM’s premises or in independent storage
(b) If a
lot is paid for but uncollected within
6 months of the auction, following 60 days written notice to
the Buyer, TDM will re-sell the lot by auction or privately,
with estimates and reserves at TDM’s discretion. The
sale proceeds, less all TDM’s costs, will be forfeited
unless collected by the Buyer within 2 years of the original
will use information supplied by Bidders or otherwise
obtained lawfully by TDM for the provision of auction
related services, client administration, marketing and as
otherwise required by law.
agreeing to these Conditions of Business, the Bidder agrees
to the processing of their personal information and to the
disclosure of such information to third parties
world-wide for the purposes outlined in Condition 11(a) and
to Sellers as per Condition 9(i).
images of lots, catalogue descriptions and all other
materials produced by TDM are the copyright of TDM.
These Conditions of Business are not assignable by any Buyer
without TDM’s prior written consent, but are binding on
Bidders' successors, assigns and representatives.
materials listed in Condition 1(a) set out the entire
agreement between the parties.
any part of these Conditions of Business be held
unenforceable, the remaining parts shall remain in full
force and effect.
These Conditions of Business shall be interpreted in
accordance with English Law, under the exclusive
jurisdiction of the English Courts, in favour of TDM.
Conditions of Business for Sellers
of Business for Sellers govern all aspects of the
consignment, report, holding and sale of Property by Thomas
Del Mar Ltd together with Thomas Del Mar Ltd’s
Authenticity Guarantee and the Conditions of Business for
Buyers, as printed in sale catalogues and available from
Thomas Del Mar Ltd upon request. Thomas Del Mar Ltd act as
agent for Sellers.
Business for Buyers and/or Sellers may be amended by
additional terms printed in the sale catalogue and/or by
notices posted up in the saleroom or announced by the
“Seller” is the
owner of the Property, their agent, executors or the person
in possession of the Property (as appropriate).
Thomas Del Mar Limited, auctioneers, 25 Blythe Road, London,
W14 0PD, company number 5368339.
Commission” is the commission Thomas Del Mar Ltd
charges Sellers of Property.
Thomas Del Mar Ltd’s expenses, fees and charges relating to
the Property, including legal expenses, insurance charges,
illustration fees, administration fees, customs duties,
shipping and packing costs, tests, searches and enquiries.
Premium” is the commission Thomas Del Mar Ltd charges
Buyers of Property.
is the highest bid for the Property accepted by the
is the minimum Hammer Price at which the Property may be
sold, as agreed between the Seller and Thomas Del Mar Ltd. From time to time, Thomas Del Mar
Ltd may agree with the
Seller to offer a collection of Property for a Global
Reserve Price and/or agree an auctioneer’s discretion to
reduce the Reserve Price by 10% or to offer Property without
a Reserve Price.
Proceeds” are the proceeds of sale actually received by
Thomas Del Mar Ltd, less Seller’s Commission, Buyer’s
Premium and Expenses.
Commission, Hammer Price, Buyer’s Premium and all Expenses
are subject to VAT, where applicable.
(a) The Seller
warrants to TDM and the Buyer that:-
(i) the Seller
is the owner of the Property or is properly authorised to
(ii) the Seller
shall transfer possession and good title in the Property to
the Buyer, free from any third party claims;
Seller has provided all relevant information about the
ownership, condition, authenticity, attribution, provenance
and import/export history of the Property;
(iv) there are
no copyright or other restrictions on TDM’s rights to
produce and publish images of the Property.
(b) The Seller
will indemnify TDM, its directors, employees, officers and
Buyers of the Property against all losses and damages
resulting from a breach of any of these warranties or other
Conditions of Business. TDM may cancel, rescind or postpone
sales of Property where it reasonably believes that there
has been or may be a breach of these warranties or any other
Conditions of Business by the Seller.
(a) TDM shall
have sole discretion as to how Property is described,
illustrated and marketed, and the date, venue and conduct of
(b) All oral or
written estimates, appraisals and reports are statements of
opinion only, may not be relied upon as a prediction of the
sale price and may be revised from time to time by TDM.
may, without obligation, consult with third party experts
and carry out such other research for the Property as it
deems necessary. TDM may transfer possession of the
Property to such third parties and shall not be responsible
for the acts and omissions of such third parties.
(d) TDM shall
have the absolute right to produce and publish images
of any Property consigned for sale and will retain copyright
in any such images it produces.
(e) TDM will
charge a Buyer’s Premium on the sale of the Property at TDM’s standard rates. TDM reserves the right to pay
out of its commissions a fee to any third party introducing
Sellers or Property to it.
(f) Sellers are
prohibited from bidding on their own Property. If a
Seller offers the Hammer Price for their Property, TDM may
charge the Seller the Seller’s Commission, Buyer’s Premium
and Expenses relating to that Property.
3. WITHDRAWAL OF
(a) If the
Seller withdraws any Property from sale after their written
agreement to sell it, TDM may charge the Seller 50% of the
Seller’s Commission and Buyer’s Premium TDM would have
received had the Property sold at its mid estimate, plus all
Expenses (the “Withdrawal Fee”).
may withdraw any Property from sale without liability for
any of the following reasons:- if (i) it reasonably believes
that the authenticity or attribution is questionable; (ii)
it reasonably believes that the Seller’s Warranties or other
Conditions of Business have been breached; (iii) there is a
competing ownership claim or lien over the Property; (iv)
the Property does not have all licences and
permits required by law, including those required
under the Convention on the International Trade in
Endangered Species (CITES); (v) the condition of the
Property has deteriorated since consignment; (vi) the
auction has been postponed for any reason.
(c) If the
Property is withdrawn for any of reasons 3(b)(ii), or (iii)
the Seller shall pay the Withdrawal Fee, as per Condition
3(a). If withdrawn for any other reason, the Property
shall be returned to the Seller at the Seller’s expense.
4. EXCLUSION OF
(a) TDM shall
not be liable for any errors or omissions in any written or
oral information provided to Sellers or for acts or
omissions relating to the conduct of the auction or any
other matter relating to the sale of Property, whether
negligent or otherwise, subject always to Condition 4(c).
prejudice to Condition 4(a), any claim against TDM shall be
limited to the Net Sale Proceeds for the relevant Property. TDM shall not in any circumstances be liable for any
indirect or consequential losses.
liability to the Seller in respect of death or personal
injury caused by TDM’s negligent acts or omissions shall not
be excluded or limited.
5. LOSS OR DAMAGE
otherwise agreed in writing, TDM will assume the risk of
loss or damage to Property received from the Seller until:-
(i) risk passes
to the Buyer; or
(ii) if unsold,
60 days after the sale or when released to the Seller
(whichever is earlier); or
(iii) 6 months
after receipt of the Property by TDM, if not consigned for
(b) TDM shall
charge a premium of 1% of:-
(i) the Hammer
Price of the Property, if sold;
Reserve Price of the Property or as otherwise stated on the
Property Receipt, if unsold; or
(iii) the mid
estimate, if not offered for sale (or TDM’s reasonable
estimate of auction value where there are no pre-sale
(c) If damage
or loss occurs whilst the Property is at the risk of TDM,
the maximum amount of TDM’s liability shall be as set out in
Condition 5 (b) (i)- (iii), as applicable, less Seller’s
Commission and Expenses.
will not be liable for any loss or damage caused by:-
(i) normal wear
and tear, gradual deterioration or inherent vice or defect;
(ii) errors in
(iii) war or
(iv) lot is too
fragile or not in a fit state to be reasonably handled or
6. POST AUCTION
If any Property
fails to sell at auction, TDM shall be entitled for a
period of 35 days after the auction to sell the Property
privately for no less than the Reserve Price (unless
otherwise agreed with the Seller) and on the terms of these
Conditions of Business.
7. PAYMENT OF NET
(a) Subject in
all cases to prior receipt of cleared funds by TDM and
subject to rescission of the sale under Condition 9, 35 days
after the sale date or 5 working days after receipt of
cleared funds from the Buyer (whichever is later), TDM
shall send the Seller the Net Sale Proceeds in pounds
sterling, less any other amounts owed by the Seller to TDM.
shall not be obliged to check the ability of Buyers to pay
for Property and shall have absolute discretion whether to
use any of the rights and remedies against defaulting Buyers
contained in the Conditions of Business for Buyers.
8. UNSOLD/UNCOLLECTED PROPERTY
(a) TDM will
advise Sellers whether or not their Property has sold. Unsold Property may either:-
(i) be reconsigned for sale; or
by the Seller, in which case a Reduced Commission of 50% of
the Seller’s Commission may be payable calculated as if the
Property sold for its Reserve Price (where applicable), plus
(b) If the
Seller does not reconsign or collect the Property within 60
days of the auction as per Condition 8(a) (i) or (ii) above,
TDM shall be released from any duty of bailment and may in
its sole discretion be entitled to:-
the Property to independent storage at the Seller’s expense;
the Property at auction for no less than 50% of the
original Reserve Price agreed with the Seller (where
applicable), and subject to the Seller’s Commission on the
re-sale plus all relevant Expenses.
(c) If the
Seller deposits the Property with TDM for more than 1 year
and neither collects nor consigns it for sale, TDM shall be
entitled to sell such Property at a TDM sale or elsewhere,
with estimates and reserves at TDM’s discretion, after
giving the Seller 60 days' written notice sent to the
Seller’s last known address.
9. RESCISSION OF
TDM may rescind the sale where it reasonably believes that
the Property is Counterfeit, as defined by TDM’s Guarantee
of Authenticity, in which case TDM shall send the Seller a
notice of such rescission. The Seller agrees to return to
TDM the Net Sale Proceeds received from the sale of such
Property together with any additional Expenses incurred by
TDM. TDM will return the Property to the Seller upon receipt
of the Net Sale Proceeds and Expenses, unless prevented from
doing so for reasons beyond TDM’s control.
(a) TDM will
use information supplied by Sellers or otherwise
obtained lawfully by TDM for the provision of auction
related services, client administration, marketing and as
otherwise required by law.
(b) By agreeing
to these Conditions of Business, the Seller agrees to the
processing of their personal information and to the
disclosure of such information to third parties world-wide
for the purposes outlined in Condition 10(a).
(a) If any part
of these Conditions of Business be held unenforceable, the
remaining parts shall remain in full force and effect.
Conditions of Business shall be interpreted in accordance
with English Law under the exclusive jurisdiction of the
English Courts, in favour of TDM.