View Terms of Sale on the Noonans Web site
Important Information for Buyers
It is recommended that absentee bids are placed using our online advance bidding facility, which is available on our website at www.noonans.co.uk. Bids placed in this way cannot be seen by others and do not go live until the actual moment that the lot in question is being offered for sale. All bids can be easily altered or cancelled by the bidder prior to this point. An automated email will be sent confirming all bids and alterations.
A valid email address is required to bid online.
There is no additional charge for online bidding.
Whilst we are still happy to execute all bids submitted in writing or by phone, fax, etc., it should be noted that bids left with us will be entered at our offices using the same bidding facility to which all our clients have access. There is, therefore, no better way of ensuring the accuracy of your bids than to execute them yourself online.
Whilst online bids can be placed up until the moment a lot is offered for sale, all other bids made to the office must be confirmed in writing, by fax or e-mail and should be received by 16:00 on the day prior to the sale. Although we will endeavour to execute late bids, Noonans Auctions Ltd cannot accept responsibility for any bids received later than this.
If a bidder is unable to attend an auction or to bid live on the internet and wishes to book a telephone bid with Noonans, they must contact Noonans by 16:00 on the day prior to the sale to make arrangements to bid thus. Noonans cannot be held responsible in the event of connectivity issues, resulting in failure for the buyer to be able to bid.
Further advice to bidders and purchasers may be found on the commission form included with this catalogue. Please use this form when sending bids to us by post or fax.
A buyers’ premium of 24% on the hammer price (plus VAT if resident in, or lots are delivered within, the UK) is payable by the buyer on all lots.
The pre-sale estimates are intended as a guide for prospective purchasers. Any bid between the listed figures would, in our opinion, offer a fair chance of success. However all lots, depending on the degree of competition, can realise prices either above or below the listed estimates.
New clients must register online to bid (whether in person or in absentia) and any such registrations will only be accepted once due diligence as been completed to the satisfaction of Noonans.
Registration requests, together with auction house references and identification/proof of address as requested should be submitted as early as possible and certainly not later than one business day before the auction.
Whilst every endeavour is made to complete the registration process as quickly as possible, Noonans cannot be held responsible if it is not completed in time for a bid to be placed.
Noonans reserve the right to refuse any registration without explanation.
Methods of Payment
All payments must be made in pounds sterling within five days of the end of a sale unless credit terms have been made by prior arrangement.
The best way to make payment is by Visa or MasterCard credit or debit cards via our website www.noonans.co.uk. Carriage and insurance is pre-calculated for you so that you may pay immediately.
Payment may also be made by bank transfer to Noonans account at:
Piccadilly London Branch
London W1J 0AA
Sort Code: 30-96-64 Account No: 00622865
Swift Code: LOYDGB2L
IBAN: GB70LOYD30966400622865 BIC: LOYDGB21085
Please include your surname, client code and auction date with the instructions to the bank. Alternative methods of payment which may enable immediate clearance of purchases include cash, recognised banker’s drafts, credit cards (Master Card, Visa and Amex) and debit cards. Although personal and company cheques are accepted, buyers are advised that property will not be released until such cheques have fully cleared and cannot be subject to recall, which may take two weeks. Third party payment is not accepted except by prior arrangement. Cardholder not present transactions will only be accepted when successfully completed through our online payment platform. Clients may be required to pay by bank transfer for their first purchase or at other times at sole discretion of Noonans.
Please note that we will not accept cash payments in excess of £5,000 (five thousand pounds) in settlement for purchases made at any one auction.
Purchases will be despatched as soon as possible upon full payment in pounds sterling for the lots you have bought. Carriage will be at the buyer’s expense. Estimates and advice on all methods of despatch can be provided upon request.
Loss and damage warranty cover at the rate of 1.5% will be arranged unless otherwise specified and will be added to the carriage charge for non-UK deliveries.
Goods can only be shipped to the address provided to and verified by Noonans at the time of registration.
Change of Address
Change of address requests will be subject to the same due diligence by Noonans as at the time of registration.
Artists’ Resale Rights (Droit de Suite)
Droit de Suite is a royalty payable to a qualifying artist or their estate every time the artist’s work is sold at auction or by an art market professional during the artist’s lifetime and for a period of up to 70 years following the artist’s death.
Royalties are calculated on a sliding percentage scale based on the hammer price.
Lots subject to this royalty payment are marked with ARR in the catalogue.
Terms and Conditions
Conditions mainly concerning Buyers
1 The buyer
The highest bidder shall be the buyer at the ‘hammer price’ and any dispute shall be settled at the auctioneer’s absolute discretion. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by Noonans Mayfair Ltd. (“Noonans”) that he acts as agent on behalf of a named principal. Bids will be executed in the order that they are received.
2 Minimum increment
The auctioneer shall have the right to refuse any bid which does not conform to Noonans’ published bidding increments which may be found at noonans.co.uk and in the bidding form included with the auction catalogue.
3 The premium
The buyer shall pay to Noonans a premium of 24% on the ‘hammer price’ and agrees that Noonans, when acting as agent for the seller, may also receive commission from the seller in accordance with Condition 16.
4 Value Added Tax (VAT)
The buyers’ premium is subject to the current rate of Value Added Tax if the lot is delivered to or collected by the purchaser within the UK.
Lots marked ‘X’ are subject to importation VAT of 5% on the hammer price unless re-exported outside the UK, as per the conditions below.
Buyers who wish to hand carry their lots to export them from the UK will be charged VAT at the prevailing rate and importation VAT (where applicable) and will not be able to claim a VAT refund.
Buyers will only be able to secure a VAT free invoice and/or VAT refund if the goods are exported by Noonans or a pre-approved commercial shipper. Where the buyer instructs a pre-approved commercial shipper, proof of correct export out of the UK must be provided to Noonans by the buyer within 30 days of export and no later than 90 days from the date of the sale. Refunds are subject to a £50 administrative fee.
5. Artist’s Resale Rights (Droit de Suite)
Lots marked ARR in the catalogue indicate lots that may be subject to this royalty payment.
The royalty will be charged to the buyer on the ‘hammer price’ and is in addition to the buyers’ premium. Royalties are charged on a sliding percentage scale as shown below but do not apply to lots where the hammer price is less than 1000 euros. The payment is calculated on the rate of exchange at the European Central Bank on the date of the sale.
All royalty charges are paid in full to The Design and Artists Copyright Society (DACS).
Portion of the hammer price (Royalty)
From 0 to €50,000 (4%)
From €50,000.01 to €200,000 (3%)
From €200,000.01 to €350,000 (1%)
From €350,000.01 to €500,000 (0.5%)
Exceeding €500,000 (0.25%)
When a lot is sold the buyer shall:
(a) confirm to Noonans his or her name and address and, if so requested, give proof of
(b) pay to Noonans the ‘total amount due’ in pounds sterling within five working days of the end of the sale (unless credit terms have been agreed with Noonans before the auction). Please note that we will not accept cash payments in excess of £5,000 (five thousand pounds) in settlement for purchases made at any one auction.
7 Noonans may, at its absolute discretion, agree credit terms with the buyer before an auction under which the buyer will be entitled to take possession of lots purchased up to an agreed amount in value in advance of payment by a determined future date of the ‘total amount due’.
8 Any payments by a buyer to Noonans may be applied by Noonans towards any sums owing from that buyer to Noonans on any account whatever, without regard to any directions of the buyer, his or her agent, whether expressed or implied.
9 Collection of purchases
The ownership of the lot(s) purchased shall not pass to the buyer until he or she has made payment in full to Noonans of the ‘total amount due’ in pounds sterling.
10 (a) The buyer shall at his or her own expense take away the lot(s) purchased not later than 5 working days after the day of the auction but (unless credit terms have been agreed in accordance with Condition 7) not before payment to Noonans of the ‘total amount due’.
(b) The buyer shall be responsible for any removal, storage and insurance charges on any lot not taken away within 5 working days after the day of the auction.
(c) The packing and handling of purchased lots by Noonans staff is undertaken solely as a courtesy to clients and, in the case of fragile articles, will be undertaken only at Noonans’ discretion. In no event will Noonans be liable for damage to glass or frames, regardless of the cause. Bulky lots or sharp implements, etc., may not be suitable for in-house shipping.
11 Buyers’ responsibilities for lots purchased
The buyer will be responsible for loss or damage to lots purchased from the time of collection or the expiry of 5 working days after the day of the auction, whichever is the sooner. Neither Noonans nor its servants or agents shall thereafter be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any lot is in its custody or under its control.
Loss and damage warranty cover at the rate of 1.5% will be applied to any lots despatched by Noonans to destinations outside the UK, unless specifically instructed otherwise by the consignee.
12 Remedies for non-payment or failure to collect purchase
If any lot is not paid for in full and taken away in accordance with Conditions 6 and 10, or if there is any other breach of either of those Conditions, Noonans as agent of the seller shall, at its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following rights and remedies:
(a) to proceed against the buyer for damages for breach of contract.
(b) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction.
(c) to re-sell the lot or cause it to be re-sold by public auction or private sale and the defaulting buyer shall pay to Noonans any resulting deficiency in the ‘total amount due’ (after deduction of any part payment and addition of re-sale costs) and any surplus shall belong to the seller.
(d) to remove, store and insure the lot at the expense of the defaulting buyer and, in the case of storage, either at Noonans’ premises or elsewhere. (e) to charge interest at a rate not exceeding 2 percent per month on the ‘total amount due’ to the extent it remains unpaid for more than 5 working days after the day of the auction.
(f) to retain that or any other lot sold to the same buyer at the sale or any other auction and release it only after payment of the ‘total amount due’.
(g) to reject or ignore any bids made by or on behalf of the defaulting buyer at any future auctions or obtaining a deposit before accepting any bids in future.
(h) to apply any proceeds of sale then due or at any time thereafter becoming due to the defaulting buyer towards settlement of the ‘total amount due’ and to exercise a lien on any property of the defaulting buyer which is in Noonans’ possession for any purpose.
13 Liability of Noonans and sellers
(a) Goods auctioned are usually of some age.
All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Buyers should satisfy themselves prior to the sale as to the condition of each lot and should exercise and rely on their own judgement as to whether the lot accords with its description. Subject to the obligations accepted by Noonans under this Condition, none of the seller, Noonans, its servants or agents is responsible for errors of descriptions or for the genuineness or authenticity of any lot. No warranty whatever is given by Noonans, its servants or agents, or any seller to any buyer in respect of any lot and any express or implied conditions or warranties are hereby excluded.
(b) Any lot which proves to be a ‘deliberate forgery’ may be returned by the buyer to Noonans within 15 days of the date of the auction in the same condition in which it was at the time of the auction, accompanied by a statement of defects, the number of the lot, and the date of the auction at which it was purchased. If Noonans is satisfied that the item is a ‘deliberate forgery’ and that the buyer has and is able to transfer a good and marketable title to the lot free from any third party claims, the sale will be set aside and any amount paid in respect of the lot will be refunded, provided that the buyer shall have no rights under this Condition if:
(i) the description in the catalogue at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or (ii) the only method of establishing at the date ofpublication of the catalogue that the lot was a ‘deliberate forgery’ was by means of scientific processes not generally accepted for use until after publication of the catalogue or a process which was unreasonably expensive or impractical.
(c) A buyer’s claim under this Condition shall be limited to any amount paid in respect of the lot and shall not extend to any loss or damage suffered or expense incurred by him or her.
(d) The benefit of the Condition shall not be assignable and shall rest solely and exclusively in the buyer who, for the purpose of this condition, shall be and only be the person to whom the original invoice is made out by Noonans in respect of the lot sold.
Conditions mainly concerning Sellers and Consignors
14 Warranty of title and availability
The seller warrants to Noonans and to the buyer that he or she is the true owner of the property or is properly authorised to sell the property by the true owner and is able to transfer good and marketable title to the property free from any third party claims. The seller will indemnify Noonans, its servants and agents and the buyer against any loss or damage suffered by either in consequence of any breach on the part of the seller.
The seller shall be entitled to place, prior to the first day of the auction, a reserve at or below the low estimate on any lot provided that the low estimate is more than £100. Such reserve being the minimum ‘hammer price’ at which that lot may be treated as sold. A reserve once placed by the seller shall not be changed without the consent of Noonans. Noonans may at their option sell at a ‘hammer price’ below the reserve but in any such cases the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve. Where a reserve has been placed, only the auctioneer may bid on behalf of the seller.
16 Authority to deduct commission and expenses
The seller authorises Noonans to deduct commission at the ‘stated rate’ and ‘expenses’ from the ‘hammer price’ and acknowledges Noonans’ right to retain the premium payable by the buyer.
17 Rescission of sale
If before Noonans remit the ‘sale proceeds’ to the seller, the buyer makes a claim to rescind the sale that is appropriate and Noonans is of the opinion that the claim is justified, Noonans is authorised to rescind the sale and refund to the buyer any amount paid to Noonans in respect of the lot.
18 Payment of sale proceeds
Noonans shall remit the ‘sale proceeds’ to the seller 35 days after the auction, but if by that date Noonans has not received the ‘total amount due’ from the buyer then Noonans will remit the sale proceeds within five working days after the date on which the ‘total amount due’ is received from the buyer. If credit terms have been agreed between Noonans and the buyer, Noonans shall remit to the seller the sale proceeds 35 days after the auction unless otherwise agreed by the seller.
19 If the buyer fails to pay to Noonans the ‘total amount due’ within 35 days after the auction, Noonans will endeavour to notify the seller and take the seller’s instructions as to the appropriate course of action and, so far as in Noonans’ opinion is practicable, will assist the seller to recover the ‘total amount due’ from the buyer. If circumstances do not permit Noonans to take instructions from the seller, the seller authorises Noonans at the seller’s expense to agree special terms for payment of the ‘total amount due’, to remove, store and insure the lot sold, to settle claims made by or against the buyer on such terms as Noonans shall in its absolute discretion think fit, to take such steps as are necessary to collect monies due by the buyer to the seller and if necessary to rescind the sale and refund money to the buyer if appropriate.
20 If, notwithstanding that, the buyer fails to pay to Noonans the ‘total amount due’ within 35 days after the auction and Noonans remits the ‘sale proceeds’ to the seller, the ownership of the lot shall pass to Noonans.
21 Charges for withdrawn lots
Where a seller cancels instructions for sale, Noonans reserve the right to charge a fee of 15% of Noonans’ then latest middle estimate of the auction price of the property withdrawn, together with Value Added Tax thereon if the seller is resident in the UK, and ‘expenses’ incurred in relation to the property.
22 Rights to photographs and illustrations
The seller gives Noonans full and absolute right to photograph and illustrate any lot placed in its hands for sale and to use such photographs and illustrations and any photographs and illustrations provided by the seller at any time at its absolute discretion (whether or not in connection with the auction).
23 Unsold lots
Where any lot fails to sell, Noonans shall notify the seller accordingly. The seller shall make arrangements either to re-offer the lot for sale or to collect the lot.
24 Noonans reserve the right to charge commission up to one-half of the ‘stated rates’ calculated on the ‘bought-in price’ and in addition ‘expenses’ in respect of any unsold lots.
General Conditions and Definitions
25 Noonans sells as agent for the seller (except where it is stated wholly or partly to own any lot as principal) and as such is not responsible for any default by seller or buyer.
26 Any representation or statement by Noonans, in any catalogue as to authorship, attribution, genuineness, origin, date, age, provenance, condition or estimated selling price is a statement of opinion only. Every person interested should exercise and rely on his or her own judgement as to such matters and neither Noonans nor its servants or agents are responsible for the correctness of such opinions.
27 Whilst the interests of prospective buyers are best served by attendance at the auction, Noonans will, if so instructed, execute bids on their behalf. Neither Noonans nor its servants or agents are responsible for any neglect or default in doing so or for failing to do so.
28 Noonans shall have the right, at its discretion, to refuse admission to its premises or attendance at its auctions by any person.
29 Noonans has absolute discretion without giving any reason to refuse any bid, to divide any lot, to combine any two or more lots, to withdraw any lot from the auction and in case of dispute to put up any lot for auction again.
30 (a) Any indemnity under these Conditions shall extend to all actions, proceedings costs, expenses, claims and demands whatever incurred or suffered by the person entitled to the benefit of the indemnity.
(b) Noonans declares itself to be a trustee for its relevant servants and agents of the benefit of every indemnity under these Conditions to the extent that such indemnity is expressed to be for the benefit of its servants and agents.
31 Any notice by Noonans to a seller, consignor, prospective bidder or buyer may be given by first class mail, airmail or email and if so given shall be deemed to have been duly received by the addressee within 48 hours.
32 These Conditions shall be governed by and construed in accordance with English law. All transactions to which these Conditions apply and all matters connected therewith shall also be governed by English law. Noonans hereby submits to the exclusive jurisdiction of the English courts and all other parties concerned hereby submit to the non-exclusive jurisdiction of the English courts.
33 In these Conditions:
(a) ‘catalogue’ includes any advertisement, brochure, estimate, price list or other publication;
(b) ‘hammer price’ means the price at which a lot is knocked down by the auctioneer to the buyer;
(c) ‘total amount due’ means the ‘hammer price’ in respect of the lot sold together with any premium, Value Added Tax chargeable and additional charges and expenses due from a defaulting buyer in pounds sterling;
(d) ‘deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source which is not shown to be such in the description in the catalogue and which at the date of the sale had a value materially less than it would have had if it had been in accordance with that description;
(e) ‘sale proceeds’ means the net amount due to the seller being the ‘hammer price’ of the lot sold less commission at the ‘stated rates’ and ‘expenses’ and any other amounts due to Noonans by the seller in whatever capacity and howsoever arising;
(f) ‘stated rate’ means Noonans’ published rates of commission for the time and any Value Added Tax thereon;
(g) ‘expenses’ in relation to the sale of any lot means Noonans charges and expenses for insurance, illustrations, special advertising, certification, remedials, packing and freight of that lot and any Value Added Tax thereon;
(h) ‘bought-in price’ means 5 per cent more than the highest bid received below the reserve.
34 Vendors’ commission of sales
A commission of 15 per cent is payable by the vendor on the hammer price on lots sold. Insurance is charged at 1.5 per cent of the hammer price.
Commission, illustrations, insurance and expenses are subject to VAT if the seller is resident in the UK.