Please find all information relating to PFK Auctioneers terms and conditions below. Select the relevant area of interest to see the full details, and then drop down the section using the arrow on the green box.
General Terms & Conditions
Penrith Farmers’ & Kidd’s (subsequently referred to as PFK) take care to ensure the accuracy of statements given regarding authorship, attribution, origin, date, age, provenance and condition of any lot. However, it should be noted that such a statement should be regarded as an opinion only. Furthermore it should be noted that:
Full Attribution: In our opinion, a work by the artist
Attributed to: In our opinion, probably a work by the artist
Circle of: In our opinion, a work by an artist closely associated with the named artist
Style of: In our opinion, a work by an artist in the style of the named artist but not with any direct connection to the named artist
Manner of: In our opinion, a work loosely in the style of the named artist and of a later date
After: In our opinion, a copy of a known work by the named artist
Every person on PFK premises before, during or after a sale shall be deemed to be there at their own risk and shall have no claim against PFK in respect of any injury they may sustain or any accident which may occur.
Any dispute not covered in these terms of business will be settled at the sole discretion of PFK
All PFK Terms and Conditions are governed by and subject to UK legislation. PFK has a complaints procedure
Terms & Conditions for Buyers
Penrith Farmers’ & Kidd’s (subsequently referred to as PFK) take care to ensure the accuracy of statements given regarding authorship, attribution, origin, date, age, provenance and condition of any lot. However, it should be noted that such a statement should be regarded as an opinion only. Furthermore it should be noted that:
When bidding, you acknowledge that you are fully satisfied as to the attribution and condition of the lot, following the legal principle of ‘caveat emptor’. Neither PFK nor the Vendor, from whom PFK act as agents only, give any warranty whatsoever in respect of any lot. Refunds and returns are only accepted in certain circumstances, see point 17 for details.
Full Attribution: In our opinion, a work by the artist
Attributed to: In our opinion, probably a work by the artist
Circle of: In our opinion, a work by an artist closely associated with the named artist
Style of: In our opinion, a work by an artist in the style of the named artist but not with any direct connection to the named artist
Manner of: In our opinion, a work loosely in the style of the named artist and of a later date
After: In our opinion, a copy of a known work by the named artist
Please note that all mechanical items (any item with moving parts), e.g. clockwork items, clocks and watches, barometers, musical items, firearms, electrical items, etc, may need attention, and are sold as seen.
PFK take care to ensure the accuracy of statements given regarding authorship, attribution, origin, date, age, provenance and condition of any lot. However, it should be noted that such a statement should be regarded as an opinion only. Any statements, conditions or descriptions in the catalogue or elsewhere are subject to any qualifying or modifying statement made by the auctioneer from the rostrum prior to any bid being accepted for any lot. Absentee bidders will be informed of changes wherever possible.
Prospective buyers need to register with us, giving their full name, address, contact telephone number(s) and email address and will be issued with a unique paddle number. This number should be used to indicate your bids to the Auctioneer during the sale. If successful, the bidder must ensure that their number can be seen by the Auctioneer and that it is their number that is called out. Should there be any doubts as to price or buyer, please draw the Auctioneer’s attention to it immediately.
PFK are pleased to execute absentee commission or telephone bids, as cheaply as reserves and other bids allow, at the request of the bidder. Such bids may be placed in writing, by e-mail, or telephone, prior to the morning of sale. PFK endeavour to execute bids received on sale day, but telephone and commission bids received less than 30 minutes prior to commencement of the sale are accepted at the discretion of PFK staff, as are bids received during the sale. For this reason, bidders are strongly advised to place bids by the end of the day prior to sale. The placing of a bid indicates that the buyer has read and fully understood these terms and conditions, and is satisfied as to the condition of the lot(s) concerned. All questions should be resolved before bidding. As a legal contract, bids may not be retracted after the lot is sold. PFK retain the right to refuse bids, and to withdraw any lots from the sale at the request of the vendor or at PFK’s own discretion whenever necessary and without prior notice. PFK cannot accept responsibility for any expense incurred by any intending purchaser of any lot so withdrawn. Buyers in any doubt should contact the auctioneers before the sale.
In completing the bidder registration on www.the-saleroom.com and providing your credit card details and unless alternative arrangements are agreed with Penrith Farmers & Kidds you:
(i) authorise Penrith Farmers & Kidds, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and
(ii) confirm that you are authorised to provide these credit card details to Penrith Farmers & Kidds through www.the-saleroom.com and agree that Penrith Farmers & Kidds are entitled to ship the goods to the cardholder name and cardholder address provided in fulfilment of the sale.
These are undertaken by PFK at the risk of the bidder, subject to a line being pre-booked and the bidder being obtainable on the given number at the time of sale. PFK take no responsibility for missed or engaged calls or incorrectly-dictated telephone numbers. Telephone bidders are advised to consider leaving a “back-up bid” so that staff can still bid if the line is unobtainable.
Telephone bids must be booked by close of business on the day before the sale to ensure adequate time for processing. Telephone lines are reserved on a ‘first come, first served’ basis so early booking is always advantageous.
Commission Charges You will pay a premium of 18% of the hammer price of your purchase on each lot plus VAT.
Lots on which the buyer may have to pay VAT on the ‘hammer price’ are indicated in the catalogue with a symbol. The buyer must pay this VAT at the rates that apply on the day of the auction.
This scheme allows auctioneers to sell items without VAT on the hammer price. The buyer then pays an amount equivalent to VAT. This amount cannot be refunded and is not shown separately on the invoice.
Purchases must be paid for prior to removal from the saleroom, without exception. Payment may be made by cash, cheque, personal/private debit card, credit card & business debit cards and BACS. We do not accept payment by American Express.
For BACS payments our account details are:
Bank: Barclays, Penrith
Account Name: Penrith Farmers & Kidds Furniture
Account Number: 80746622
Sort Code: 206697
IBAN: GB54BARC 206697 80746622
BIC/SWIFT: BARC GB22
Please note that for card payments not made in person, we operate a £500 limit for UK card holders and a £100 limit for overseas card holders. For invoices above these limits, we request Bank Transfer payments.
We comply with money laundering legislation and will only accept cash payments to a limit of the sterling equivalent on date of sale of €10,000.
All lots are put up for sale subject to any reserve price imposed by the vendor, which shall be no higher than the lower estimate.
Full legal title passes to the purchaser only on payment in full of the purchase price, but every lot is at the sole risk of the purchaser from the fall of the hammer.
The highest bidder shall be the buyer. Bids cannot be retracted. If any dispute arises, PFK shall have the discretion to settle it and resell any disputed lot. The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with PFK’s terms of business. The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots.
Buyers seeking compensation will only be refunded upon fulfilment of the following conditions: (a) Notification in writing within seven days that the lot: (i) is a deliberate forgery, copy or reproduction, or (ii) has been grossly misrepresented in the catalogue description by PFK, or (iii) the condition of the lot has been grossly misrepresented in the condition report prepared by PFK. (b) Proof to that effect, in writing, from an independent and mutually agreeable reputable authority within fourteen days, the burden of proof resting solely upon the purchaser. The vendor, for whom PFK act as agent only, and the purchaser agree to be bound by PFK’s decision in this case. PFK will not refund a sale if a condition report was not sought by the buyer.
A work of art by a living artist, or those who have died within the last 70 years, which sells for more than the UK sterling equivalent of €1,000 (exchange rate as calculated at the date of sale) will incur a royalty charge. We pass this payment onto the Design and Artists Copyright Society (DACS), and do not charge a handling fee. Buyers can calculate royalty charges on the DACS website.
Items marked in the catalogue will potentially incur royalty payments.
The royalty charge is added to invoices, and must be paid before purchases are removed.
We recommend Auction Logisitics (T: 01608 647 018) for all postage and packing requests and do not offer an in-house service, with the exception of single small items that can be sent in a Jiffy bag within the UK.
Ten working days after the auction non-paying bidders will be considered as having defaulted on the purchase. Any bidders who have defaulted will be unable to bid with us in the future.
If, after fourteen days items have been paid for but remain uncollected by the purchaser and arrangements have not been made, they will be subjected to additional storage charges at PFK’s discretion.
If after thirty days, items are uncollected, PFK reserve the right to re-sell such items, by auction or by private treaty, less storage fees.
All PFK Terms and Conditions are governed by and subject to UK legislation. PFK has a complaints procedure.
Terms & Conditions for Vendors
Penrith Farmers’ & Kidd’s (subsequently referred to as PFK) charge commission on goods sold, our standard rate being 18% + VAT. In addition, we charge a lot fee on each lot that we offer for sale for you, which is payable whether the lot sells or not. We charge £2 + VAT per lot included into our auctions.
If required, we are able to offer collection of goods and delivery to our saleroom. We charge on a time/cost basis for this service at a rate of £40 + VAT per hour.
All items consigned to us for sale are insured whilst they are in our care and, should the worst happen, we shall pay you either i) the reserve price agreed with our agent ii) the mid-range of the auction estimate agreed with our agent iii) the likely value as determined by a reputable expert (appointed by us) should no estimate have been agreed
We will give you our honest opinion regarding the saleability of items. Not all items are saleable and we reserve the right to refuse to include any items into our auctions should we not feel that we stand a good chance of selling the items for you.
Upholstered furniture made after 1950 must bear fire safety labels to comply with Furniture and Furnishings (Fire Safety) Regulations 1988 legislation and vendors are requested to ensure that their upholstered furniture meets the regulations before instructing us to sell. We are unable to sell items without fire safety labels.
All electrical items are PAT tested to comply with Trading Standards legislation. We charge £3 + VAT per item for a PAT test. Consequently, we do not accept electrical items for sale below a £10 threshold value.
In order to be sold as gold and silver, all gold and silver items must bear full UK hallmarks in order to comply with Hallmarking Act 1973. Items not properly hallmarked are described as yellow or white metal.
Vendors shall receive a written receipt for goods consigned for all sales. This shall be deemed by PFK to be the vendor’s consent for the items to be sold via auction.
Should you decide to withdraw your item from auction after we have begun marketing the item for you, we reserve the right to charge you, typically 10% + VAT of the lower estimate of the item.
These are intended as an impartial aid to the buyer, and as such attempt to accurately disclose the state of the item. Restoration and repair will be highlighted and vendors should be aware that their items will be honestly assessed (these reports should not be regarded as criticism). Most damage will be pointed out to vendors at the valuation stage as obviously sale value is affected
As agents for sale, we facilitate the establishment of contracts between you and the buyer of your items. As such, you have a responsibility to ensure that any information you supply to us about your item is accurate. In addition, in agreeing to sell with us and signing our consignment form, you confirm that you are the unencumbered owner (or the appointed agent for the owner) of the item(s) that we are offering for sale for you, able to pass on full legal title to the buyer and that you indemnify us against any liability should it subsequently be proven that you are not the unencumbered owner (or agent for the owner).
Vendors are most welcome to attend viewing and sale days. Vendors may remove unsold items during the sale (where convenient – i.e. not furniture) provided they show a sales sheet to the porters (available from the office).
Vendors will be sent a statement detailing their lots and prices achieved/unsolds. Payment will be made by BACS. This usually takes place approximately two weeks after a Carousel or Clearance auction and three weeks after a Curated auction. It is the responsibility of vendors with unsold items to contact the Saleroom to arrange the collection or re-offer (usually at a lower reserve) of unsold items – if we receive no further instructions we will assume the item is to be collected and will not re-offer the item without vendors permission.
We are only able to pay our vendors on receipt of payment from our buyers. In the unlikely event that a buyer does default, vendors are advised that in this circumstance we are therefore unable to pay our vendor and, typically, we will rescind the auction sale and re-offer the item at auction.
Should re-offer not be required, Vendors of Unsold Goods are requested to remove their items from our premises as soon as possible and certainly no later than 14 days after the auction that they were first offered for sale in. Goods left in our premises after this time are liable to incur storage charges, calculated at our discretion, which we shall subsequently only release to vendors on the settlement of any storage charges payable. We reserve the right to sell, without reserve, any goods left uncollected by vendors in our premises after a period of three months.
All PFK Terms and Conditions are governed by and subject to UK legislation. PFK has a complaints procedure.
Terms & Conditions regarding valuations
Penrith Farmers’ & Kidd’s (subsequently referred to as PFK) will advise the Client as to our opinion of value as specified by the Client.
The purpose for which the valuation is required shall be as agreed between the Client and ourselves and provided in a format as agreed between ourselves and the Client.
Any valuation provided by PFK shall be within the context of the terms agreed between the Client and PFK and is only fit for the specified purpose and current only on the day of valuation
Any valuation provided by PFK is a statement of our opinion only
Clients should be aware that valuation of fine art, antiques and decorative items is not an exact science and that value is often a subjective matter.
When agents working on behalf of PFK visit Clients’ homes and properties for valuation purposes, Clients undertake to ensure that premises afford our agents a safe working environment. Specifically, Clients undertake to the best of their ability that:
Properties are structurally sound, free from major hazards
Any animals on the property (specifically dogs) are either good natured or under control
Any items that are to be valued are accessible and in a safe condition to be inspected
Whilst our staff will use due care and diligence in their work, Clients should be aware that any failure to ensure our agents are afforded a safe working environment will be taken seriously with legal advice sought where necessary
Typically, we send our Clients invoices for our services, payable no later than 14 days on receipt.
Typically, we charge on a time/cost basis at a rate of £100 p/hour + VAT, to a limit of £500 + VAT per day
In proceeding with obtaining a Valuation from PFK, Clients consent to our Terms as detailed above.
All PFK Terms and Conditions are governed by and subject to UK legislation. PFK has a complaints procedure.