P. F. Windibank

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• Description: P F Windibank is an Auctioneers of Fine arts and Antiques based in Surrey UK. P.F. Windibank were established in 1945 by Peter Frank Windibank. Following his death in 1986 the business was transferred to his son, Simon Windibank, who continues to trade under his late fatherís name. The business therefore continues to be family run and aims to offer all itsí clients a personal, efficient and effective service.
• Conditions of Sale: Click to View
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Buyers Terms and Conditions
1. Defintions: S.J Windibank is the sole proprietor and trades as P.F Windibank Antique and Fine Art Auctioneers and Valuers. (P.F Windibank). In these conditions P.F Windibank, who act only as auctioneers and agents for the vendor, are called The Auctioneers, and the representative of P.F Windibank conducting the auction is called The Auctioneer. 2. General: Whilst P.F Windibank make every effort to ensure the accuracy of their catalogue and the description of any lot: (A) Each lot as set out in the catalogue or as divided or combined with any other lot or lots is sold by the vendor with all faults, imperfections and errors of descriptions. (B) P.F Windibank do not accept responsibility for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot, unless they have been instructed in writing by the vendor so to certify, and in such case The Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. © All statements, whether printed in the catalogue or made orally, as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representations of fact by P.F Windibank, unless they have been instructed in writing by the vendor so to certify, and in such case The Auctioneers do so as agents of the vendor and are not themselves responsible for such claims. (D) (4) Any claim under any Statue must be received in writing by The Auctioneer within ten days of the day of the sale. 3. The Auction: (A) The Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without in any case giving any reason or without previous notice. He may bid on behalf of the vendor for all goods which are being offered subject to reserve or at The Auctioneer’s discretion. (B) The highest bidder shall be the buyer except in the case of a dispute. If during the auction The Auctioneer considers that a dispute has arisen, he has absolute discretion to settle it or to re-offer the lot. The Auctioneer may at his sole discretion determine the advance of bidding or refuse a bid. © Each lot is put up for sale subject to any reserve price placed by the vendor. Where there is no reserve price (but not otherwise) the seller has the right to bid either personally or by any one person (who may be the Auctioneer). (D) All conditions, notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by The Auctioneer from the rostrum prior to any bid being accepted for the lot. 4. Rescission: Notwithstanding any other terms of these Conditions, if within fourteen days after the sale P.F Windibank have received from the buyer of any lot notice in writing that in his view the lot is a deliberate forgery and within twenty-one days after such notification the buyer returns the same to P.F Windibank in the same condition as at the time of sale and by producing evidence, the burden of proof to be upon the buyer, satisfies P.F Windibank that considered in the light of the entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will be rescinded and the purchase price of the same refunded. 5. Default: P.F Windibank disclaim responsibility for default by either the buyer or the vendor because they act as agents for the vendor only and therefore do not pay out to the vendor until payment is received from the buyer. Instructions given by telephone are accepted at the sender’s risk and must be confirmed in writing forthwith. 6. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by the General and any Special Conditions of Sale. 7. 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. 8. Risk: Each lot is at the sole risk of the buyer from the fall of the hammer. Each buyer shall forthwith give his full names and permanent address and if called upon to do so by The Auctioneer shall forthwith pay to P.F Windibank such proportion of the purchase price as The Auctioneer may require. If the buyer fails to do so, the lot may at The Auctioneer’s sole discretion be put up again and resold. 9. Every bidder shall be deemed to act as principal unless there is in force a written acknowledgement by P.F Windibank that he acts as agent on behalf of a named principal. 10. Removal of Goods: (A) No Purchase shall be claimed or removed until it has been paid for and the sale has been concluded. All purchases shall be paid for and removed at the buyer’s risk and expense by the end of the second working day after the sale, failing which The Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at risk of the buyer and subject to a minimum warehousing charge of £2.00 per lot per day. If they are not paid for and removed within seven days of the sale The Auctioneer may re-sell them by auction or privately without notice to the buyer. Any liability which there may be on the part of The Auctioneer in respect of any loss shall be restricted to a maximum of the price paid by the buyer of the lot. (B) In the event of any failure of the buyer to comply with any of the above conditions the damages recoverable by the seller or The Auctioneer’s from the defaulter shall include any loss arising on any re-sale of the lot, together with the charges and expenses of both sales, and together with interest at 2% above Barclays Bank PLC Base Rate upon the price of any lot which has not been paid for within 48 hours of the sale, and any money deposited in part payment shall be held by The Auctioneer’s on account of any liability of the defaulter to them or the seller. The Auctioneer’s are unable to accept payment from successful bidders other than in cash or by the bidder’s own cheque. Cheques drawn by third parties, whether in The Auctioneer’s favour or requiring endorsement, cannot be accepted. 11. Purchase Price: The purchaser shall pay the hammer price together with a premium of 10% of the hammer price (adjusted for VAT as necessary). The premium attracts VAT at the standard rate and is payable by all purchasers. The vendor authorises The Auctioneer to deduct commission and expenses at the stated rates from the hammer price and acknowledges The Auctioneer’s right to retain the premium pay. 12. Rights to Photograph and Illustrations: The buyer gives P.F Windibank full and absolute right to use such photographs and illustrations of lots sold at auction at any time at its absolute discretion (whether or not in connection with the auction). Click to Close

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  Buyers Premium
  15% plus vat
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  Motorway Exit
  M25 Junction 9
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  Railway Station
  Dorking Deepdene
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