Terms & conditions

1. All goods delivered to Ashbey's Galleries will be deemed to have been delivered for sale by Public Auction unless otherwise stated and to be sold at Ashbey’s discretion unless prior arrangements have been made relating to Reserves. Reserves may only be placed on items received for Catalogue Sales. All items delivered for General Household Sales are sold WITHOUT RESERVE and subject to the auctioneers discretion. Ashbey's Galleries disclaim all responsibility for any goods lost or damaged in transit if delivered by a third party.

2. Storage. Ashbey's Galleries reserve the right to store or arrange for the storage of goods delivered to them, for sale either on their own premises or elsewhere at their sole discretion. They exempt themselves from any liability for loss or damage to goods delivered to their sale rooms without sufficient sale instructions and reserve the right to make a minimum storage charge of R50-00 per day for such goods that may lie un-removed prior to sale from date entry.

3. Right to Sell. Vendors will be charged for goods left on premises, if the vendor has been requested to remove them, and if goods are not removed within fourteen days of such request Ashbey's Galleries reserve the right to sell the goods to defray costs and storage charges.

4. Insurance. Unless otherwise instructed in writing, all goods on Ashbey's Galleries premises and in their custody will be held insured against the risks of total damage, fire, theft following forcible entry and water-damage (but not against accidental breakage of damage), for which insurance Ashbey's Galleries will charge. 75% of the hammer price, or the agreed reserve price or the value of the gross amount realised, or in the case of unsold lots the highest bid, or in the case of goods withdrawn prior to a sale that which the specialised staff of Ashbey's Galleries shall in their absolute discretion estimate to be the auction value of such goods.

5. Ashbey's Galleries shall not be responsible for damage to or the loss of by theft, pilferage of destruction of any goods not insured upon the owner’s written instructions. Ashbey's Galleries shall not be responsible for accidental breakage, loss or damage howsoever caused unless directly caused by negligence of their employees in respect of any article delivered to Ashbey's Galleries if the vendor has in force a policy or policies of insurance in which the article is specifically mentioned as being insured, whether or not for an agreed sum or value, the vendor shall notify his insurers of and shall himself note Ashbey's Galleries interest as bailees in such policy or policies.

6. In the event of any reserve price not being reached at auction, Ashbey's Galleries, unless otherwise instructed are empowered to sell after the auction, by private treaty, at not less than the reserve price, as long as the goods remain on Ashbey's Galleries premises. In the event of such a sale by private treaty, the Conditions of Sale applicable to a buyer governing the auction will apply.

7. The Reserves. if any on any one lot will not exceed the lower estimate as published in the catalogue.

8. Indemnity. The vendor shall duly indemnify Ashbey's Galleries against any claim in connection with any goods sold by Ashbey's Galleries on the vendor’s behalf.

9. Value Added Tax. A vendor who sends for sale by auction any item(s) which is an asset of his business must disclose to the auctioneer whether or not he is a registered person for value added tax purposes and, if so, give his registered number. This information must be supplied to the auctioneer on or prior to delivery of the goods.

10. The Vendor authorises the Auctioneer to deduct commission of 20% and expenses at the stated rates from the hammer price and acknowledged the auctioneer’s right to retain any premium payable by the purchaser.

11. Rights to photographs and illustrations. The vendor gives Ashbey's Galleries 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 provided by the vendor at any time at its absolute discretion (whether or not in connection with the auction). In the event of the buyer neglecting their responsibilities in settling their account with Ashbey's Galleries for whatever reason Ashbey's Galleries have the right to cancel such sale or, recover the said debt at their absolute discretion. The seller has no recourse against Ashbey's Galleries in the event of such action due to their performance as agents only on behalf of the seller. The seller has full authority to pursue the purchaser should they see fit and recover any costs there to with the agreement of Ashbey's Galleries, or request Ashbey's Galleries to pursue at the sellers expense.

12. Ashbey's Galleries will remit the sale proceeds to the seller not later than 1 month (31 days) from date of sale. However should Ashbey's Galleries not have received full settlement of ‘amount due’ from the buyer they undertake to remit the ‘sale proceeds’ within 5 working days after the date of such payment.

13. Charges for withdrawn lots. Where a seller cancels instructions for sale once the items have been received for sale Ashbey's Galleries reserve the right to charge full commission on Ashbey's Galleries middle estimate of the auction price of the property withdraw together with VAT thereon and ‘expenses’ incurred i.e. storage; transport and any other costs relating to the property.

14. Unsold lots. Where any lot fails to sell, Ashbey's Galleries will notify the seller accordingly. The seller may instruct Ashbey's Galleries to re-offer the property without reserve at their next appropriate sale or remove the item within 7 days from the date of sale, at no cost to the seller. After 7 days Ashbey's Galleries will deem the property to be entered for sale and sold without reserve and any costs i.e. storage, relating to the property including commission will be deducted at the stated rate.