Postgraduate Art Auction 2016

Central Saint Martins

Terms & Conditions

All property offered in the auction will be sold by the University of the Arts London of 272 Holborn, London, WC1V 7EY (“UAL”). UAL is a Higher Education Corporation and an exempt charity for the purposes of the Charities Act 1993.

All bidders wishing to participate in any auction must first register their details with UAL and agree to these terms and conditions.

Any questions in relation to the auction should be directed to UAL and not to Sotheby’s, which serves merely as auctioneer for UAL in conducting the auction sale. UAL provides for and Sotheby’s participates in the auction on the following terms and conditions which govern the sale of all the property offered (as amended by any posted notices or oral announcements during the auction)

1. (a) Neither UAL nor Sotheby’s assume any risk, liability or responsibility for the authenticity or the authorship of any property identified in any auction catalogue or description (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified herein).

(b)  All property has been gifted to UAL to sell at auction to raise funds for charity. Details of the charities that will benefit from the funds raised at auction are listed in the auction catalogue and available on request from UAL.

(c)  All property is sold with all faults and imperfections and errors of description and neither UAL nor Sotheby’s make any representations or warranties of any kind or nature, expressed or implied, with respect to the property and in no event shall either of them be responsible for the correctness of any descriptions of property, nor be deemed to have made, any representations or warranties of physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity or provenance of the property. No statement in the auction catalogue or other description made at the sale, in any sale invoice or elsewhere, shall be deemed such a representation or warranty.

(d)  Prospective bidders should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored. All property is sold as seen.

(e)  Property may be offered subject to reserves.

2. Any property may be withdrawn by UAL at any time before the auction sale.

3. LIVE AUCTIONS

3.1 Clauses 4 to 8 (inclusive) apply to live auctions.

4. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the catalogue.

5. UAL reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the lot in dispute. If any dispute arises after the sale, the sale records of the UAL shall be conclusive in all respects.

6. If the auctioneer determines that any opening bid is not commensurate with the value of the property, he may reject the same and withdraw the property from sale, and if, having acknowledged an opening bid, he decides that any advance thereafter is insufficient, he may reject the advance.

7. In the case of any identical advance bids for a specific property (submitted using UAL’s absentee bidding form) the earliest submitted bid will take precedence.

8. On the fall of the auctioneer’s hammer, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof, (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price or such part as UAL may require.

9. SILENT AUCTIONS

9.1 Clauses 10 to 15 (inclusive) apply to silent auctions.

10. Forms are located under or near each property for sale in the silent auction (“Bid Sheet”). The Bid Sheet will display the lot number, lot details, a starting bid and permitted bid increments. Bidders may submit bids on the Bid Sheet by writing their bid amount, their bidder’s number (issued following registration) and the Bidder’s signature. Bids for the silent auction may only be placed in person. Bids submitted in any other manner will not be valid bids.

11. Each bidder in a silent auction shall be deemed to be bidding as principals and accordingly have personal liability for their bids.

12. Each bid written on the Bid Sheet constitutes an offer to purchase the Lot at the bid price.

13. UAL has the right to refuse any bid.

14. Subject to any notices on display or oral announcements made to the contrary, the silent auction shall end at the advertised end time. At the end of the silent auction, the bidder with the highest bid written on a Bid Sheet as accepted by UAL, shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof, (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price or such part as UAL may require.

15. 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.

Post Auction

16. UAL will not release or transfer title in the property to the purchaser until payment of the total amount due has been made. The purchaser assumes the risk of loss and damage to purchased property at all times while it remains on UAL’s premises.

17. Payments for purchases must be made in Sterling and in the following forms; cash, and all major credit cards.

18. After payment, the purchaser shall remove the property from UAL’s premises, as the case may be, within 7 days of payment. If the property is not so removed within 7 days of payment, it may be sent by UAL at its discretion to storage for the account, risk and expense of the purchaser and such charges will then be added to the purchase price of the property.

19. If the purchaser requests UAL to arrange delivery of the purchased lot, UAL will arrange for a quote to be produced and notified to the purchaser. The purchaser shall be liable for all delivery costs.

20. If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to UAL by law including, without limitation, the right to hold the purchaser liable for the bid price, UAL, at its option, may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property on three days notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any shortfall between the original sale price and the price achieved upon resale, all other charges due hereunder and any incidental damages.

21. In the case of commission bids or bids transmitted by telephone, neither Sotheby’s nor UAL is responsible for errors or omissions arising out of or resulting from mechanical difficulties or failure.

22. In no circumstances will UAL rescind any purchase made or refund the amount paid in respect of any lot.

23. Data Protection

23.1 UAL may collect various information about bidders participating in the auction, including the following:

name
contact information including postal address, email address and any phone number which a bidder provides
other information which bidders provide when participating in the auctions, including in relation to your interests and preferences relating to the items available for sale via the auctions; and
a record of any correspondence, comments or other communications which bidders send to us in relation to auctions.

23.2 UAL will use the information which it collects from bidders in order to administer the auction and to process the contracts of sale which arise as a result of the auction. UAL may also use such information for the following purposes for internal record keeping, to process other orders, applications, enquiries and requests, and to improve UAL’s services (including future auctions).

23.3 Unless the opt-out box is selected when registering for the auction, bidders give consent to UAL to contact them about future auctions.

23.4 UAL is committed to ensuring that bidders’ information is secure. In order to prevent unauthorised access or disclosure, UAL has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information it collects.

23.5 UAL will not disclose bidders’ personal data to any third party except:
(a) if UAL is under a duty to do so in order to comply with its legal obligations;

(b) to protect UAL’s rights or property, or the rights or property of its staff,

students, other users of its services (including other participants in the auction); (c) any other person to ensure the safety of its staff, students and visitors; and
(d) for the purposes of reducing credit risk or preventing fraud.

23.6 By providing their information for the purposes of participating in the auction, bidders agree to the processing of that information in the manner set out in these terms and conditions.

23.7 Bidders who have agreed to UAL using their personal information for direct marketing purposes may change their mind at any time by writing to or emailing UAL at MadeleineKing m.m.king@csm.arts.ac.uk, Central Saint Martins, University of the Arts London, Granary Building, 1 Granary Square, King’s Cross, London N1C 4AA.

23.8 Bidders may request details of personal information which UAL holds about them under the Data Protection Act 1998. A small fee will be payable. To obtain a copy of the information held, bidders should write to The Information Officer, Governance and Legal Affairs, University of the Arts London, 272 High Holborn, London W C1V 7EY.

23.9 If bidders believe that any information UAL is holding about them is incorrect or incomplete, please write to or email UAL as soon as possible, at the above address. UAL will promptly correct any information found to be incorrect.

24. These terms and conditions, as well as the purchaser’s and UAL’s respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of England and W ales. By bidding at an auction, whether present in person or by agent, commission bid, telephone or other means, the purchaser shall be deemed to have consented to the exclusive jurisdiction of Courts of England and W ales.