MacDougall’s Terms & Conditions of Sale – December 2021
1. All contractual rights and obligations made between vendors, bidders and MacDougall Arts Ltd in respect of
Auctions conducted by MacDougall Arts Ltd (an “auction”) are subject to these Terms and Conditions of Sale.
2. In these Terms and Conditions of Sale, MacDougall Arts Ltd. – who act as agents for the vendor unless specified
otherwise in the catalogue for the auction in question – are called “MacDougall’s”, or “us”; and the representative of
MacDougall Arts Ltd. conducting the auction is called “The Auctioneer”.
Hammer price
3. All bids for a lot at an auction shall be considered an offer for that lot, which the Auctioneer can accept or reject in
accordance with clauses 9 and 12 of these Terms and Conditions. The Hammer price means the highest bid accepted
by the Auctioneer for the lot. The purchase price payable by the buyer shall be the aggregate of the Hammer price and
the Buyer’s premium (plus any VAT chargeable on the Hammer price and Buyer’s premium, whenever applicable).
The NET of VAT Buyer’s premium is at a rate of 25% on up to and including £300,000; 20% on any amount in
between £300,000 and £3,000,000 inclusive; and at a rate of 13.9% on any remaining amount above £3,000,000 of
the Hammer price. All prices are quoted in UK Pounds Sterling.
VAT
4. Lots are normally sold under the UK Auctioneers Margin Scheme. Input tax deduction has not been and will not be
claimed in respect of such lots. The charge for the Buyer’s premium will be shown on the invoice inclusive of VAT
on the charges described above, which must not be detailed separately and may not be reclaimed as input tax.
4.1 For lots marked with a dagger (†) normal VAT rules apply, and the standard rate of 20% VAT will be charged on
both Hammer price and Buyer’s premium. Ω symbol indicates 20% Import Duty Charge applies.
5. Items marked with an asterisk (*) have been imported from outside the UK. 5% will be added to the Hammer price
to cover Import VAT. UK VAT registered buyers should note that neither this 5% nor the VAT on the Buyer’s
premium can be refunded or claimed against VAT.
Buyers from outside the UK who intend to ship their purchases outside the UK within three months should tell
MacDougall Arts at time of payment. For them, the VAT charge included in the premium and the 5% Import charge
on asterisked lots will be treated as a deposit, refundable on presentation of documentary proof of export outside the
UK within three months.
6. Items marked with the "◎" symbol are stored outside the UK. Buyers collecting purchases in the UK should note
that an additional 5% Import Duty will be due for clearing the work into free circulation if shipped into the UK. It's
the sole responsibility of the buyer to comply with all export and import regulations relating to his purchases and also
to obtain any relevant export and/or import licence(s). The need for export/import licences varies from country to
country and bidders should familiarise themselves with all relevant local requirements before placing bids.
Droit de suite (Artist’s resale right)
7.1 Some works will be subject to Droit de Suite (Artist’s Resale Right) and will be indicated with a “§” mark in the
catalogue or otherwise notified. This is a royalty payable to a qualifying artist (citizens of EU and EEA countries)
each time a work is re-sold during the artist’s lifetime and to their descendants for 70 years after the artist’s death.
7.2 Buyers will be charged an amount equal to this resale royalty where it applies. These resale royalties are not subject
to VAT and do not apply when the Hammer price is less than 1,000 Euros. Invoices are normally issued in Pounds
Sterling, with the resale royalty calculated on the basis of the European Central Bank reference rate on the date of the sale.
7.3 Droit de Suite Scale
Charge Portion of the Hammer Price (in Euros)
4% Up to 50,000
3% 50,001-200,000
1% 200,001-350,000
1⁄2% 350,001-500,000
1⁄4% Over 500,000
To a maximum of 12,500 euros
Guaranteed Property
8. A minimum price has been guaranteed to the seller for lots marked with the symbol “°”. This guarantee may be
provided by MacDougall’s, by a third party or jointly by MacDougall’s and a third party. Third parties providing all
or part of a guarantee benefit financially if a guaranteed lot is sold successfully and may incur a loss if the sale is not
successful.
Bidding
9. Bidding at an auction is regulated at the sole discretion of the Auctioneer, who reserves the right to reject any bid.
10. In the case of lots upon which the vendor has placed a reserve, the Auctioneer shall have the right to bid on behalf
of the vendor, but no higher than the reserve. MacDougall Arts Ltd., its Directors, its staff, or its consultants may own
or have a beneficial interest in a lot being sold. All lots are offered subject to a Reserve Price agreed in writing with
the vendor; it shall be no higher than the low estimate of the Hammer price. MacDougall’s have absolute discretion
to refuse admission to the auction.
11. If instructed, MacDougall’s will execute bids for prospective buyers. This service is free. Lots will always be
purchased as cheaply as is allowed by such other bids and reserves as are on the Auctioneer’s books. In the event of
identical bids, the earliest will take precedence. There must always be a maximum limit indicated, i.e. the amount to
which the buyer would bid if attending the auction in person. «Buy» or unlimited bids will not be accepted.
Commission bids placed by telephone are accepted at the client’s risk. All written telephone and commission bidding
requests should be completed by twenty-four hours before the sale. MacDougall Arts Ltd. does not accept any liability
if for any reason you do not receive a phone call during the sale and is not responsible for inadvertently failing to
execute bids or for errors relating to execution of bids, including computer-related errors. MacDougall’s executes
absentee bids as a convenience for clients and will try to purchase these lots for the lowest possible price, considering
the reserve and other bids. If identical absentee bids are left, MacDougall's will give precedence to the first one
received.
12. Notwithstanding clause 14, the buyer and the vendor shall enter into the contract for the buyer to buy and the
vendor to sell the lot in question upon the fall of the Auctioneer's Hammer.
13. Lots purchased online may attract an additional charge for this service in the sum between 3% and 5% of the
Hammer price plus VAT, if any, at the rate imposed.
Identification and Payment
14. The buyers shall forthwith supply his name and address, their bank details, source of funds, and other suitable
references considered necessary by MacDougall's, acting reasonably. Bidders act as principal unless they have prior
written consent from MacDougall’s to bid as agent for another party. Bidders are personally liable for their bid and
are jointly and severally liable with their principal if bidding as agent.
15. Legal title to a lot shall not pass to the buyer until MacDougall’s receive the full purchase price for the lot in
cleared funds.
16. Unless MacDougall’s agree with the buyer otherwise:
(a) the lot must be paid for in full within 21 (twenty-one) calendar days of the sale; and
(b) the buyer must remove the purchased lot(s), at their expense, within 30 (thirty) calendar days following the sale.
17. MacDougall’s are not obliged to release a lot to a buyer until the title to that lot has passed, but any earlier release will
not affect the passing of the title.
18. To the extent an export licence is required in order to remove a lot from the United Kingdom, the buyer alone is
responsible for obtaining and paying for such a licence.
19. If a buyer fails to pay for or remove a lot in accordance with clauses 13 to 17 above, MacDougall’s shall be entitled
at their absolute discretion to exercise one or more of the following rights, unless agreed otherwise with the buyer.
(a) To rescind the contract in respect of that lot.
(b) To store the lot or cause it to be stored at their own premises or warehouses elsewhere at the sole expense
and risk of the buyer, and to release the lot only after payment in full of the purchase price, accrued storage and
haulage charges and all other costs incurred by MacDougall’s in connection with the lot.
(c) To charge interest and storage charges. Interest is charged at 10% per annum, and storage charges at 50
pounds per lot per week. However, these charges will be waived if payment is received by the 21-day contractual
deadline and the purchases are collected within 30 calendar days after the sale.
(d) With seven days’ notice to the buyer to resell the lot or cause it to be resold by public or private sale. Any
deficiency in the purchase price attending such resale (after giving credit for any payment and after deducting
full costs incurred in connection with the lot) to be made good by the defaulting buyer, any surplus (after retention
by MacDougall’s of the premium) to be paid to the vendor.
(e) Commence legal proceedings on behalf of the vendor to recover the purchase price and other expenses for
that lot.
(f) Release the name and address of the buyer to the vendor to enable the vendor to commence the legal
proceedings against the buyer.
(g) MacDougall’s shall in all circumstances be entitled to exercise a lien against any property belonging to the
buyer or where the buyer has acted as an agent any property belonging to the buyer’s principal which is in the
possession of or in the control of MacDougall’s in respect of any debt howsoever arising owed by the buyer (or
the buyer’s principal) to MacDougall’s notwithstanding that the value of the property exceeds the amount owed
to MacDougall’s.
(h) MacDougall’s may set off any sums owed by a buyer or its principal against any money owed by
MacDougall’s to the buyer or its principal not withstanding that MacDougall’s may have in their possession or
under their control property belonging to the buyer or its principal.
(i) MacDougall’s are entitled at their absolute discretion to apportion any monies received by or on behalf of the
buyer against any sums owed by the buyer or its principal by or on behalf of the buyer against any sums owed
by the buyer or its principal to MacDougall’s.
(j) Where lots are not removed in accordance with clause 17 above, whether or not payment has been made,
MacDougall’s shall be permitted to remove the lot to a third party warehouse at the buyer's expense, and only
release the items after payment in full has been made of removal, storage, handling, and any other costs
reasonably incurred, together with payment of all other amounts due to us.
(k) To debit the bank account of the buyer, based on the debit or credit card details provided by the buyer to
MacDougall’s prior to the auction in question, in part or full payment of the outstanding purchase price and any
other outstanding fees.
Catalogue Descriptions
20. MacDougall’s reserve the right to withdraw, consolidate, divide or alter any lot or combine any two or more lots.
21. All statements in the catalogues, advertisements or brochures of forthcoming sales are statements of opinion only.
Illustrations in the catalogues, advertisements or brochures of forthcoming sales may not necessarily reveal
imperfections in any lot. The exact physical description of any lot and the extent of any defect, restoration or repair to
any lot should be ascertained by intending buyers through inspection. Each buyer by making a bid for a lot
acknowledges that he has satisfied himself fully before bidding by inspection or otherwise as to all the sale conditions
the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has
been repaired or restored.
22. MacDougall’s reserve the full and absolute right to illustrate and photograph any lot placed in its hands for sale,
and to use these photographs and illustrations at any time at its absolute discretion (whether or not in connection with
the auction).
Guarantee
23. Notwithstanding any other terms of these conditions, if within one year after the sale the buyer of any lot gives
notice in writing to the Auctioneer that in his view the lot is a counterfeit (i.e. an imitation created to deceive as to
authorship, origin, date, or age); and within fourteen days after such notification the buyer returns the lot to the
Auctioneer in the same condition as at the time of sale and free of third party claims; and by producing evidence, with
the burden of proof to be upon the buyer, satisfies MacDougall Arts Ltd. that the lot is a counterfeit, not reflected by
the description in the catalogue; then the sale of the lot will be rescinded and the purchase price of the same refunded.
No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of
any kind including repainting or over-painting. This limited right of refund lies with the original buyer only and is not
transferable to third parties.
23.1 In addition to the guarantee in paragraph 23, a Consumer (being a person acting for purposes which are wholly
or mainly outside that individual's trade, business, craft or profession) who successfully purchases a lot in an auction
which is not a “public auction” (as defined in Regulation 5 of the 2013 Regulations) has the right to cancel the contract
for the purchase of that lot within fourteen days of receiving the lot, and receive a full refund. The cancellation form
is available on request. The Consumer must bear the cost of returning the goods, and return them in good condition.
Data Protection
24. By agreeing to these Terms and Conditions, vendors, bidders, and buyers agree to the storage and processing of
their personal information by the Auctioneer. The data may be stored in countries which do not offer equivalent
protection of personal information to that offered in the UK. The Auction may be subject to video and audio recording
by the Auctioneer. The Data Controller is MacDougall Arts Ltd.
Governing Law
25. These Terms and Conditions of Sale and any dispute or claim (including non-contractual disputes or claims) arising
out of or in connection with them or their subject matter or formation (including any question regarding their existence,
validity, termination or breach thereof) shall be governed by and construed in accordance with the laws of England.
Jurisdiction
26. Subject to clause 27 below, each party to these Terms and Conditions of Sale irrevocably agrees that the courts of
England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims)
arising out of or in connection with these Terms and Conditions of Sale or their subject matter or formation (including
any question regarding their existence, validity, termination or breach thereof).
27. Notwithstanding what is said in clause 26:
27.1 At the sole option of MacDougall, any controversy or claim arising out of or in connection with these Terms and
Conditions of Sale, or their subject matter or formation (including any question regarding their existence, validity,
termination or breach thereof), shall be settled by arbitration administered by the London Court of International
Arbitration (“LCIA”) under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
27.2 The number of arbitrators shall be one.
27.3 The seat, or legal place, shall be London, United Kingdom.
27.4 The language to be used in the arbitral proceeding shall be English.
27.5 If a court action has been initiated by a party other than MacDougall by reference to clause 26 of these Terms
and Conditions of Sale at the time that MacDougall chooses to submit the matter to arbitration, then it is agreed that
such court action is to be discontinued unless the arbitrator finds that MacDougall has waived such right by
substantially participating in the court action without having raised its right under this clause.
Translations of these Terms and Conditions of Sale
28. Where a translation of these Terms and Conditions of Sale has been provided, it is agreed that the English language
version shall prevail if there is a conflict.
Severability
29. If any provision or part-provision of these Terms and Conditions of Sale is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification
to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the
rest of these Terms and Conditions of Sale.
Payment methods
30. For payments by bank transfer, please direct payment in UK pounds sterling (GBP).
The sender of the payment pays all fees applied by banks in relation to the payment, including any additional
processing charges applied by intermediary and beneficiary banks.
Account Name: MacDougall Arts Client Trust Account
Bank transfer withing the UK: Account No. 73662942, Sort Code 40-07-13;
International Bank Payments:
Priority Payments between the EEA and the UK beneficiaries will be processed as international payments and will be
subject to the sender’s paying all charges requirement.
SWIFT/BIC: HBUKGB4B, IBAN: GB30HBUK40071373662942
Bank Name and Address: HSBC Bank plc, The Peak, 333 Vauxhall Bridge, London SW1V 1EJ.
31. Other payment methods, as follows:
31.1 Payments by Debit or Credit card are accepted up to £10,000 pounds and are free of processing charge;
31.2 Personal UK cheque payments will have to clear before delivery of purchases;
31.3 Banker’s drafts and cash within certain limits may be accepted by prior arrangement.