These Conditions and any disputes or claims arising out of it or their subject matter are governed by and construed in accordance with the law of England. English courts have exclusive jurisdiction to settle any dispute or claim that arises.
Flint’s act as an agent of the Vendor only. Any contract for the sale of a Lot will be formed between the Vendor and the Buyer.
All Auctions shall be conducted at the absolute discretion of the Auctioneer.
The Auctioneer shall have the right to refuse any bid which does not exceed the previous bid by at least 10% or by such higher proportion as the Auctioneer shall direct.
Where two or more bids at the same level are simultaneously received by the Auctioneer, the Auctioneer at his/her absolute discretion shall determine which bid to prefer. Subject to the preceding, where two or more bids at the same level are simultaneously received by the Auctioneer, any bid by a Bidder personally present at an Auction shall take preference over any bid submitted by other means. Any bid made by telephone or over the internet shall be deemed to have been made only if received by the Auctioneer.
Flint’s the right, at its absolute discretion, to refuse admission to its premises or attendance at (or participation in) any Auction by any person.
All members of the public on Flint’s auction or storage premises are there at their own risk.
Descriptions & Conditions
All lots are offered subject to the ‘Terms & Conditions’ exhibited which are set forth here and at the back printed catalogues and third-party bidding platforms. For full terms and conditions of sale, please contact our auction office.
A buyer’s premium of 22.5% plus VAT is payable on all lots. There is no additional charge for bidding online with Flints Live. All third-party bidding platforms will have an additional charge as a percentage of the hammer price. Please visit the platform in question for details when a Flints sale is uploaded.
All descriptions and conditions, written or verbal of lots are based upon information provided by the seller and our opinion, not fact. Lots are sold to the Buyer on an ‘as is’ basis, which may include faults or imperfections. Photographs included in this catalogue are for a guide and may not represent accurate reproduction of the colour of a lot. All measurements and sizes are approximated.
It is your responsibility to examine any lot before bidding to satisfy yourself regarding condition, provenance, period, age, quality, origin and value. Where viewing in person is not possible Flints will when practicable, provide additional condition reports on request. These are based on our opinion, not fact.
Given the age of the lots, they have may been damaged or repaired so you should not assume that a lot is in ‘good’ condition. Electronic or mechanical parts may not operate as intended, and all lots are sold as items of interest for display purposes only unless otherwise stated.
For information and estimates on shipping, either domestic or international, please contact us via email@example.com or +44 (0) 20 3086 8550.
Please be aware that all lots marked with the symbol § and are subject to CITES regulations when exporting these items outside the EU. Laws may be found at www.ukcites.gov.uk.
Bidders are required to register their details. Bidders attending in person may be required to meet our security arrangements before entering the premises.
You accept full liability for all bids you submit via any medium.
Bidders using Flints Live are agreeing to the terms and conditions of sale for Flints. Any successful bids using the live bidding facility will be subject to the usual Buyer’s Premium, with no surcharge.
Subject to the conditions above, the highest Bidder at the Hammer Price shall be the Buyer. Any dispute about a bid shall be settled at the Auctioneer’s absolute discretion.
Bidders are deemed to act as principals unless there is a written prior acknowledgement by Flint’s that a Bidder is acting as an agent for a named principal.
Bidders are encouraged to attend the Auction in person if the Auction is a public auction. Bidders shall be responsible for any decision to bid for a Lot and shall be deemed to have satisfied themselves as to its condition. Neither Flint’s nor its employees or agents shall be responsible for any neglect or default in doing or failing to do so.
Cataloguing is undertaken with reasonable skill and care. Neither Flint’s nor its employees and agents nor the Vendor accepts liability for the correctness of such opinions, and all conditions and warranties, express, implied, or statutory are hereby excluded.
Immediately a Lot is sold, the Buyer shall pay to Flint’s the total amount due and give Flint’s their name and address and if requested proof of identity, if the information is not already held.
Cheques shall not be acceptable by Flints (unless Flints in its absolute discretion permits payment by such method) nor are third party references or credit facilities with other Auction houses. If a cheque is tendered Flints reserves the right to instruct its bank to check the Buyer’s status and account balance before exercising any discretion. Payment by debit or credit card shall only be accepted with the cardholder present except at Flints discretion. There are no additional charges for payment by this method.
Any payments by a Buyer to Flint’s may be applied by Flint’s towards any sums owing from that Buyer to Flint’s on any account whatever without regard to any directions of the Buyer or his/her agent.
The Buyer will pay the Hammer Price, and a premium of 22.5% plus Value Added Tax charged at the rate current at the date of sale.
Lots may, in addition, have Value Added Tax on the Hammer Price. In this case, such lots will be indicated with an asterisk (*) in the catalogue.
The following symbol, shown beside the Lot number, is used to denote that VAT is due on the Hammer Price on imported items at a preferential rate of 5% and Buyer’s Premium at the prevailing VAT rate: Ω
In addition to all other charges, Buyers will pay a commission charge as a percentage of the hammer price if lots are successfully purchased online via third-party platforms.
Non-UK or EU VAT registered buyers can have some classes of VAT refunded on their purchases. However, please note that VAT on the Buyer’s premium is always payable wherever the Buyer is domiciled or wherever the goods are to be sent.
Ownership of Lots purchased does not pass to the Buyer until payment in full is made to Flint’s.
Collection: Buyers are responsible for taking away any lot they have purchased. Any delivery costs must be paid in advance by the Buyer. Flint’s usually require collection on the day from the auction venue, or within 10 days if collected from our offices in Thatcham, Berkshire. Flint’s will give 10 days’ notice if any storage or insurance costs are due from non-collection.
Flint’s act as agent for the Vendor and are not responsible for default by the Buyer.
If any Lot is not paid for in full and taken away in accordance with these Conditions, or if there is any other breach of these Conditions, Flint’s as agent for the Vendor shall at its absolute discretion and without prejudice, to any other rights it may have, be entitled to exercise all or any of the following rights and remedies:
- to proceed against the Buyer for an action for debt or damages for breach of contract;
- to rescind the sale of that Lot and/or any other Lots sold by Flint’s to the defaulting Buyer;
- to re-sell the Lot by Auction or private treaty. If a lower Hammer Price is achieved on the re-sale than that achieved on the original sale the defaulting Buyer shall be liable for the difference;
- to remove, store and insure the Lot at the expense of the defaulting Buyer;
- to retain that or any other Lot sold to the defaulting Buyer until that Buyer pays the total amount due;
- to reject or ignore bids from the defaulting Buyer at future Auctions or to impose conditions before any such bids shall be accepted.