A FINE AMERICAN POWDER FLASK, AMERICAN CAP & FLASK CO., CIRCA 1857-70

1. Introduction

(a) The contractual relationship of the Auctioneers and Sellers with prospective Buyers is governed by:-

(i) these Conditions of Business for Buyers;

(ii) the Conditions of Business for Sellers displayed in the saleroom and available from the Auctioneers;

(iii) The Auctioneers Authenticity Guarantee;

(iv) any additional notices and terms printed in the sale catalogue, in each case as amended by any Saleroom Notice or Auctioneers Announcement.

(b) As Auctioneers, the Ltd Company hosting the auction acts as agent for the Seller. Occasionally, the Auctioneers may own or have a financial interest in a lot.

2. Definitions

“Bidder” is any person making, attempting or considering making a bid, including Buyers;

“Buyer” is the person who makes the highest bid or offer accepted

by the auctioneer, including a Buyer’s principal when bidding as agent;

“Seller” is the person offering a lot for sale, including their agent, or executors;

“Auctioneers” Olympia Auctions.

“Buyer’s Expenses” are any costs or expenses due to the Auctioneers from the Buyer;

“Buyer’s Premium” is the commission payable by the Buyer on the Hammer Price at the rates set out in the Guide for Prospective Buyers;

“Hammer Price” is the highest bid for the Property accepted by the Auctioneers at

the auction or the post auction sale price;

“Purchase Price” is the Hammer Price plus applicable Buyer’s Premium and Buyer’s Expenses;

“Reserve Price” (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot.

The Buyer’s Premium, Buyer’s Expenses and Hammer Price are subject to VAT, where applicable.

3. Examination of Lots

(a) The Auctioneers knowledge of lots is partly dependent on information provided by the Seller and the Auctioneers are unable to exercise exhaustive due diligence on each lot. Each lot is available for examination before sale. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions. (b) All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of the Auctioneers opinion and not representations of fact. Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at the Auctioneers absolute discretion.

4.Exclusions and limitations of liability to Buyers

(a) The Auctioneers shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of the Auctioneers Authenticity Guarantee.

(b) Subject to Condition 4(a), neither the Auctioneers nor the Seller:-

(i) is liable for any errors or omissions in any oral or written information provided to Bidders by the Auctioneers, whether negligent or otherwise;

(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Sellerto the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;

(iii) accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by the Auctioneers in connection with the conduct of auctions or for any matter relating to the sale of any lot.

(c) Without prejudice to Condition 4(b), any claim against the Auctioneers and/or the Seller by a Bidder is limited to the Purchase Price for the relevant lot. Neither the Auctioneers nor the Seller shall be liable for any indirect or consequential losses. (d) Nothing in Condition 4 shall exclude or limit the liability of the Auctioneers or the Seller for death or personal injury caused by the negligent acts or omissions of the Auctioneers or the Seller.

5. Bidding at Auction

(a) The Auctioneers has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and supply such information and references as the Auctioneers requires. Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case the Auctioneers prior and express consent must be obtained).

(b) The Auctioneers advises Bidders to attend the auction, but the Auctioneers will endeavour to execute absentee written bids provided that they are, in the Auctioneers opinion, received in sufficient time and in legible form.

(c) When available, written and telephone bidding is offered as a free service at the Bidder’s risk and subject to the Auctioneers other commitments; the Auctioneers is therefore not liable for failure to execute such bids. Telephone bidding may be recorded.

6. Import, Export and Copyright Restrictions

(a) The Auctioneers and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer’s sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licences required under the Convention on the International Trade in Endangered Species (CITES).

(b) Ivory and Restricted Materials (CITES)

‘~’ Lots marked with the symbol ~ have been identified at the time of cataloguing as containing organic material which may be subject to restrictions regarding import or export. As the Auctioneers of these articles, the Auctioneers undertakes to comply fully with CITES and DEFRA regulation. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange. The information is made available for the convenience of Bidders and the absence of the symbol is not a warranty that there are no restrictions regarding import or export of the Lot. The Auctioneers accepts no liability for any lots which may be subject to CITES but have not be identified as such.

7. Conduct of the Auction

(a) The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary.

(b) The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller’s behalf up to the Reserve Price for the lot, where applicable.

(c) Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer’s hammer.

(d) Any post-auction sale of lots shall incorporate these Conditions of Business.

8. Payment and Collection

(a) Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the “Payment Date”).

(b) Title in a lot will not pass to the Buyer until the Auctioneers has received the Purchase Price in cleared funds. The Auctioneers will generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the Buyer’s obligation to pay the Purchase Price, as above.

(c) The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer’s obligation to pay for the lot, as per Condition 8(a).

(d) The Buyer must arrange collection of lots within 10 working days of the auction. Purchased lots are at the Buyer’s risk from the earlier of (i) collection or (ii) 10 working days after the auction. Until risk passes, the Auctioneers will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer. The Auctioneers assumption of risk is subject to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers.

(e) All packing and handling of lots is at the Buyer’s risk. The Auctioneers will not be liable for any acts or omissions of third party packers or shippers.

9. Remedies for non-payment

Without prejudice to any rights that the Seller may have, if the Buyer without

prior agreement fails to make payment for the lot within 5 working days of the auction, the Auctioneers may in its sole discretion exercise one or more of the following remedies:-

(a) store the lot at its premises or elsewhere at the Buyer’s sole risk and expense;

(b) cancel the sale of the lot;

(c) set off any amounts owed to the Buyer by the Auctioneers against any amounts owed to the Auctioneersby the Buyer for the lot;

(d) reject future bids from the Buyer;

(e) charge interest at 4% per annum above HSBC Bank plc Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;

(f) re-sell the lot by auction or privately, with estimates and reserves at the Auctioneers discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;

(g) Exercise a lien over any Buyer’s Property in the Auctioneers possession, applying the sale proceeds to any amounts owed by the Buyer to the Auctioneers. The Auctioneers shall give the Buyer 14 days’ written notice before exercising such lien;

(h) commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;

(i) disclose the Buyer’s details to the Seller to enable the Seller to commence

legal proceedings

10. Failure to collect purchases

(a) If the Buyer pays the Purchase Price but does not collect the lot within 10 working days of the auction, the lot will be stored at the Buyer’s expense and risk at the Auctioneers premises or in independent storage

(b) If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, the Auctioneers will re-sell the lot by auction or privately, with estimates and reserves at the Auctioneers discretion. The sale proceeds, less all the Auctioneers costs, will be forfeited unless funds or the unsold items collected by the Buyer within 2 years of the original auction.

11. Data Protection

Privacy Policy

(a) What is the legal basis on which the Auctioneers rely to process your data?

On some occasions, the Auctioneers processes your data with your consent (e.g., when you agree that the Auctioneers may place cookies, or if you ask, the Auctioneers, to send you information about upcoming events).

On other occasions, the Auctioneers processes your data when the Auctioneers need to do this to fulfil a contract with you (e.g., for billing purposes) or where the Auctioneers are required to do this by law (e.g., where we have to fulfil anti-money laundering requirements). If it is mandatory for you to provide data for these purposes, the Auctioneers will make this clear at the time and will also explain what will happen if you do not provide the data (e.g., that the Auctioneers will not be able to process a bid at auction). The Auctioneers also processes your data when it is the Auctioneers legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, the Auctioneers has a legitimate interest in ensuring the security and integrity of the auctions, in learning about the interests and preferences of current and prospective clients, in developing new business opportunities, in maintaining accurate business and provenance records, and in ensuring that the Auctioneers websites and apps operate effectively. When the Auctioneers process personal information to meet the Auctioneers legitimate interests, the Auctioneers put in place robust safeguards to ensure that your privacy is protected and to ensure that the Auctioneers legitimate interests are not overridden by your interests or fundamental rights and freedoms.

(i) The Auctioneers will use information supplied by Bidders or otherwise obtained lawfully by the Auctioneers for the provision of auction related services, client administration, marketing and as otherwise required by law.

(ii) By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 11 (a) (i)

(b) Who gets to see your personal data?

The Auctioneers and other auctioneer’s at Olympia Auctions, such as Charles Miller Ltd. The Ltd company that initially receives your data will process it. Your data may also be transferred to and processed by other companies within the group of Auctioneers. The Auctioneers uses EU Commission approved standard contractual clauses to regulate the transfer and processing of data between the Auctioneers.

Outside the Auctioneers

The Auctioneers do not transfer your personal data to organisations who wish to use it for their own marketing promotions or other purposes. The Auctioneers only transfer your personal data to other organisations where it Is necessary to enable the Auctioneers to provide you with the services you have requested (for example: the Auctioneers may transfer your data to the Auctioneers bank, payment card acquirers, shippers, warehouses, insurers, experts who help the Auctioneers authenticate or value property, event venues, caterers, catalogue and direct marketing fulfilment and distribution). Where the Auctioneers do it will be on the basis that these organisations are required to keep the information confidential and secure, and they will only use the information to carry out the instructed services. Some of these organisations may be located outside the EEA. The Auctioneers may also need to retain and disclose certain information about you to appropriate agencies to conduct anti-money laundering and trade sanction checks and to assist with fraud and crime prevention and detection.

When the Auctioneers receive a request for information from a government or law enforcement agency the Auctioneers will disclose information which is the subject matter of that request, if the Auctioneers are satisfied that the government or law enforcement agency has the right to seek disclosure and the correct procedure has been followed. In all other circumstances such information will only be disclosed if the Auctioneers are ordered to do so by a court of law.

(c) How long will the Auctioneers keep your personal data?

The Auctioneers will retain your personal data for as long as is necessary to provide the relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, and protect and defend against potential legal claims.

In the context of our research and records on ownership of art objects to assist with checks on authenticity provenance and title, we will keep this data for as long as the record is relevant to our legitimate business interest and the public interest.

What steps do the Auctioneers take to keep your personal data secure?

The Auctioneers will take all reasonable and appropriate steps to protect the security and integrity of all personal information provided via our website, or by any other means electronic or otherwise.

The Auctioneers use a variety of security technologies and procedures to help protect your personal details from unauthorised physical and electronic access.

As effective as modern security practices are, we cannot guarantee the complete security of personal data held in our systems, nor that information you supply through the internet or any computer related network is entirely safe from unauthorised intrusion, access or manipulation during transmission. Any transmission is at your own risk. We will not be liable for any resulting misuse of your personal data.

(d) Third party websites

The Auctioneers website may contain links to other websites not operated by us, the Auctioneers. The information you provide to us will not be transmitted to other websites, but these other websites may collect personal information about you in accordance with their own privacy notice. We as the Auctioneers cannot accept any responsibility for the privacy practices or content of those websites.

(e) Your data

You have the right to request deletion of your personal data. The Auctioneers will comply with this request, subject to our legitimate interests as noted above.

How can I access the information you hold about me?

You have the right to request a copy of the information we hold about you. If you would like a copy of some or all of your personal information then please write to the Auctioneers or email the Auctioneers.

The Auctioneers have an obligation to ensure that your personal information is accurate and up to date. Please write to the Auctioneers or email the Auctioneers to correct or remove any information that you think is incorrect.

(f) Complaints

If you have any queries or complaints in relation to the Auctioneers processing your personal data please contact the Auctioneers.

12. Miscellaneous

(a) All images of lots, catalogue descriptions and all other materials produced by the Auctioneers are the copyright of the Auctioneers.

(b) These Conditions of Business are not assignable by any Buyer or Seller without

the Auctioneers prior written consent, but are binding on Bidders’ successors, assigns and representatives.

(c) The materials listed in Condition 1(a) set out the entire agreement between

the parties.

(d) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.

(e) These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of the Auctioneers.