liability for death or personal injury (except as required by law by reason of our concession only; in all other respects these Conditions shall be construed as negligence) or similarly for the safety of the property of persons visiting prior having full force and effect. to or at a sale. 21. English law applies to the interpretation of these Conditions. 10. COMMISSION BIDS 22. Prior written consent must be sought by the buyer or any other party for Whilst prospective buyers are strongly advised to attend the auction and the use of any images, illustrations and written materials produced by or for are always responsible for any decision to bid for a particular lot and shall Woolley \& Wallis relating to a lot or sale, including the contents of a catalogue. be assumed to have carefully inspected and satisfied themselves as to its Copyright for any of the aforementioned will remain the property of Woolley condition, we will if so instructed clearly and in writing execute bids on their \& Wallis, subject to the provisions of the Copyright, Designs and Patents Act behalf. Neither the auctioneer nor our employees or agents shall be responsible 1988. Woolley \& Wallis and the seller make no representations or warranties for any failure to do so save where such failure is unreasonable. Where two or that the buyer of a lot will acquire any copyright or other reproduction rights more commission bids at the same level are recorded we reserve the right in to it. our absolute discretion to prefer the first bid so made. PAINTINGS, DRAWINGS, LITHOGRAPHS, ENGRAVINGS AND PRINTS 11. WARRANTY OF TITLE AND AVAILABILITY In accordance with long standing practice in Fine Art Sale Rooms certain terms The seller warrants to the auctioneer and you that the seller is the true owner used in descriptions in the Catalogue have the meanings ascribed to them in of the property consigned or is properly authorised by the true owner to the glossary below. consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. Glossary 12. AGENCY Any statement as to authorship, attribution, origin, date, age, provenance and condition is a statement of opinion and is not to be taken as a statement of The auctioneer normally acts as agent only and disclaims any responsibility for fact. The Company reserves the right, in forming their opinion, to consult and default by sellers or buyers. rely upon any expert or authority considered by them to be reliable. 13. TERMS OF SALE (a) Edward Lear: In our opinion a work by the artist. (When the artist’s forename(s) is not known, a series of asterisks, followed by the surname of the artist, The seller acknowledges that lots are sold subject to the stipulations of these whether preceded by an initial or not, indicates that in our opinion the work is Conditions in their entirety and on the Terms of Consignment as notified to the by the artist named. consignor at the time of the entry of the lot. (b) Attributed to Edward Lear: In our opinion probably a work by the artist but less 14. DESCRIPTIONS AND CONDITION certainty as to authorship is expressed than in the preceding category. (a) Whilst we seek to describe lots accurately, it may be impractical for us to (c) Studio of Edward Lear: In our opinion a work by an unknown hand in the studio carry out exhaustive due diligence on each lot. Prospective buyers are given of the artist which may be or may not have been executed under the artist’s ample opportunities to view and inspect before any sale and they (and any direction. independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on (d) Circle of Edward Lear: In our opinion a work by an as yet unidentified but the understanding that, inevitably, representations or statements by us as to distinct hand, closely associated with the named artist but not necessarily his authorship, genuineness, origin, date, age, provenance, condition or estimated pupil. selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given (e) Style of ...; Follower of Edward Lear: In our opinion a work by a painter working negligently or fraudulently. Subject to the foregoing neither we the auctioneer in the artist’s style, contemporary or nearly contemporary, but not necessarily nor our employees or agents nor the seller accept liability for the correctness his pupil. of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are (f) Manner of Edward Lear: In our opinion a work in the style of the artist and of hereby excluded. This Condition is subject to the next following Condition a later date. concerning deliberate forgeries and applies save as provided for in paragraph 6 ‘information to buyers’. (g) After Edward Lear: In our opinion a copy of a known work of the artist. (h) The term signed and/or dated and/or inscribed means that in our opinion the (b) Private treaty sales made under these Conditions are deemed to be sales by auction for purposes of consumer legislation. signature and/or date and/or inscription are from the hand of the artist. (i) The term bears a signature and/or date and/or inscription means that in our 15. FORGERIES opinion the signature and/or date and/or inscription have been added by Notwithstanding the preceding Condition, any lot which proves to be a another hand. deliberate forgery (as defined) may be returned to us by you within 21 (j) Dimensions are given height before width. days of the auction provided it is in the same condition as when bought, (k) Pictures are framed unless otherwise stated. and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the BOOKS AUCTIONS evidence presented that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer’s premium provided that If, on collation, any named item in this catalogue proves defective in text (1) if the catalogue description reflected the accepted view of scholars and or illustration, the lot may be returned within 14 days of the sale with the experts as at the date of sale or (2) you personally are not able to transfer a defects stated in writing. This proviso shall not apply to defects stated in the good and marketable title to us, you shall have no rights under this condition. catalogue or announced at the time of sale; nor to the absence of blanks, half The right of return provided by this Condition is additional to any right or titles, tissue guards or advertisements, damage in respect of bindings, stains, remedy provided by law or by these Conditions of Sale. spotting, marginal tears or other defects not affecting completeness of text or illustration; nor to drawings, autographs, letters or manuscripts, signed GENERAL photographs, music, atlases, maps or periodicals; nor to books not identified by title; nor to books sold not subject to return. 16. We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. ARTIST’S RESALE RIGHT / DROIT DE SUITE 17. (a) Any right to compensation for losses liabilities and expenses incurred in Droit de Suite is a royalty payable to a qualifying artist or the artist’s heirs each respect of and as a result of any breach of these Conditions and any exclusions time a work is resold during the artist’s lifetime and up to a period of 70 years provided by them shall be available to the seller and/or the auctioneer as after the artist’s death. appropriate. Royalties are calculated on a sliding percentage scale based on the hammer (b) Such rights and exclusions shall extend to and be deemed to be for the price excluding the buyer’s premium. The royalty does not apply to lots selling benefit of employees and agents of the seller and/or the auctioneer who may below the sterling equivalent of €1,000 and the maximum royalty payable on themselves enforce them. any single lot is the sterling equivalent of €10,000. 18. Any notice to any buyer, seller, bidder or viewer may be given by first class mail Droit de Suite, which is not subject to VAT, will be added to the buyer’s or Swiftmail in which case it shall be deemed to have been received by the purchase price and then passed on to the relevant collecting agency by the addressee 48 hours after posting. auctioneer. 19. Special terms may be used in catalogue descriptions of particular classes of Please enquire for the accepted exchange rate on the day of the sale. items in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. Royalties for Droit de Suite are as follows: 4% Up to €50,000 20. Any indulgence extended to bidders buyers or sellers by us notwithstanding 3% €50,000.01 - 200,000 the strict terms of these Conditions or of the Terms of Consignment shall 1% €200,000.01 - 350,000 affect the position at the relevant time only and in respect of that particular 0.5% €350,000.01 - 500,000 0.25% In excess of €500,000 Up to a maximum levy of €10,000 Lots marked with a ‡ symbol are potentially subject to the levy.