(a) The contractual relationship ofThomas Del Mar Ltd. and Sellers
with prospective Buyers is governed by:-
(i) these Conditions of Business for Buyers;
(ii) the Conditions of Business for Sellers displayed in the
saleroom and available fromThomas Del Mar Ltd.;
(iii) Thomas Del Mar Ltd.’s Authenticity Guarantee;
(iv) any additional notices and terms printed in the sale
catalogue, in each case as amended by any saleroom
notice or auctioneer's announcement.
(b) As 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.
“Bidder” is any person making, attempting or considering making
a bid, including Buyers;
“Buyer” is the person who makes the highest bid or offer
accepted by the auctioneer, including a Buyer’s principal when
bidding as agent;
“Seller” is the person offering a lot for sale, including their agent,
“TDM” meansThomas Del Mar Ltd., 25 Blythe Road, London, W14
0PD, company number 5368339.
“Buyer’s Expenses” are any costs or expenses due toThomas Del
Mar Ltd. from the Buyer;
“Buyer’s Premium” is the commission payable by the Buyer on the
Hammer Price at the rates set out in the Guide for Prospective Buyers;
“Hammer Price” is the highest bid for the Property accepted by
the auctioneer at the auction or the post auction sale price;
“Purchase Price” is the Hammer Price plus applicable Buyer’s
Premium and Buyer’s Expenses;
“Reserve Price” (where applicable) is the minimum Hammer Price
at which the Seller has agreed to sell a lot.
The Buyer’s Premium, Buyer’s Expenses and Hammer Price are
subject to VAT, where applicable.
3. Examination of Lots
(a) TTDM’s knowledge of lots is partly dependent on information
provided by the Seller andTDM 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 of descriptions.
(b) All oral and/or written information provided to Bidders relating
to lots, including descriptions in the catalogue, condition
reports or elsewhere are statements ofTDM’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 atTDM’s absolute discretion.
4. Exclusions and limitations of liability to Buyers
(a) TDM shall refund the Purchase Price to the Buyer in
circumstances where it deems that the lot is a Counterfeit,
subject to the terms ofTDM’s Authenticity Guarantee.
(b) Subject to Condition 4(a), neitherTDM nor the Seller:-
(i) is liable for any errors or omissions in any oral or written
information provided to Bidders byTDM, whether
negligent or otherwise;
(ii) 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;
(iii) accepts responsibility to Bidders for acts or omissions
(whether negligent or otherwise) byTDM in connection
with the conduct of auctions or for any matter relating to
the sale of any lot.
(c) Without prejudice to Condition 4(b), any claim againstTDM
and/ or the Seller by a Bidder is limited to the Purchase Price
for the relevant lot. NeitherTDM nor the Seller shall be liable
for any indirect or consequential losses.
5. Bidding at Auction
(a) TDM has absolute discretion to refuse admission to the
auction. Before sale, Bidders must complete a Registration
Form and supply such information and references asTDM
requires. Bidders are personally liable for their bid and are
jointly and severally liable with their principal, if bidding as
agent (in which caseTDM’s prior and express consent must be
(b) TDM advises Bidders to attend the auction, butTDM will
endeavour to execute absentee written bids provided that they
are, inTDM’s opinion, received in sufficient time and in legible
(c) When available, written and telephone bidding is offered as a
free service at the Bidder’s risk and subject toTDM’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 licenses required under the Convention on the
InternationalTrade in Endangered Species (CITES).
7. Conduct of the Auction
(a) The auctioneer has discretion to refuse bids, withdraw or
reoffer 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
(b) The 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.
(c) Subject to Condition 7(a), the contract between the Buyer and
the Seller is concluded on the striking of the auctioneer's
(d) Any post-auction sale of lots shall incorporate these Conditions
8. Payment and Collection
(a) Unless otherwise agreed in advance, payment of the Purchase
Price is due in pounds sterling immediately after the auction
(the "Payment Date").
(b) Title in a lot will not pass to the Buyer untilTDM 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.
(c) The 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).
(d) 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.
(e) All 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
Conditions of Business for Buyers