Conditions of Sale

Conditions of Sale: Fine Art, Online & Catalogued sales
1. All bidders must please register, comply with FICA regulations including proof of identity and proof of residence. You will be required to pay a refundable deposit. No exceptions will be made without the written consent of the auctioneer.
2. The highest accepted bidder shall be the Purchaser immediately the lot/s have been knocked down to him/her. Should any dispute arise between two or more bidders, the Auctioneer at his sole discretion, will put up the lot that is in dispute again, and he will declare the Purchaser. The Auctioneer’s decision in all cases is final. The Auctioneer reserves the right of regulating the bidding. Bidding advances are generally in increments of 10% of the bid made. The Auctioneer reserves the right of withdrawing or adding to any lot(s) to the merchandise for sale on Auction.
3. All lots knocked down remain at the risk of the Purchaser.
4. The Auctioneer’s Vendu Roll is final. No dispute will be taken into consideration as to the correctness of same.
5. In the event of legal proceedings being instituted, the Auctioneer shall be entitled at his option to institute such legal proceedings in the Auctioneer’s name, whether or not he is acting as Agent.
6. The signatory hereto by his/her signing of the registration card shall ‘ipso facto’ be deemed to have bound him-/herself to the Seller as Surety and Co-principal debtor for the obligation incurred as Purchaser.
7. TERMS: EFT IS THE ONLY FORM OF ACCEPTED PAYMENT AT PRESENT. All accounts must be settled immediately at the conclusion of the sale. Ownership of the goods sold vest at all times in the Auctioneer’s principal until payment in full has been made.
8. A buyer’s premium of 10% plus VAT at the applicable rate will be levied on all purchases made.
9. BERNARDI AUCTIONEERS CC reserves the right to charge interest on all outstanding accounts over a period of seven (7) days, together with storage and removal charges where applicable, if the purchaser has made no prior arrangements. Purchasers with outstanding accounts will not be allowed to bid until their accounts have been settled in full.
10. BERNARDI AUCTIONEERS CC reserves the right to put up goods not paid for and/or removed within seven (7) days, for re-sale, in which case a handling fee will be charged.
11. Cancellation of a sale without good reason will incur an administration fee and any other costs pertaining to the cancelled sale.
12. VAT – there is no VAT on the hammer price, unless indicated by the auctioneer.
13. Merchandise will only be delivered/released after the auction and paid for in full.
14. No goods may be removed or collected without proof of payment.
15. The removal of movables & furniture is at the Purchaser’s risk & cost.  Bernardi Auctioneers CC accept no liability for any damage to frames of paintings or other works of art/furniture/embellishments or collectable items nor to any parts thereof such as glass coverings, passe-partouts etc., except in case of damage caused wilfully or by gross negligence on the part of Bernardi Auctioneers CC and/or its employees or representatives.
16. Information list descriptions – any representations made or statements by BERNARDI AUCTIONEERS CC or their staff as to authorship, origin, date, age, attribution, genuineness, provenance, condition or estimated selling price of any lot/s, is purely a statement of opinion. In addition, lots may be of any age, condition and nature, which could preclude the lot/s to be in pristine condition and some descriptions in the catalogue may make reference to damage and/or restoration to the article. Such information is voluntarily given for guidance only and the absence of such reference in the catalogue does not imply the absence of any faults. Purchasers must thoroughly satisfy themselves by prior inspection as to condition and state of the lot/s before the date of auction, i.e. at the viewing dates. All goods are sold ‘voetstoots’ (as found).
17. The Auctioneer does not hold himself responsible for any errors of description and a bid shall be taken as proof that the bidder has acquainted him-/herself with the lots on which he/she bids.
18. Patrons are requested to check the salesroom notices, as these supersede the Information List & Catalogue descriptions.
19. Prospective buyers are requested to view and examine the auction lots, as BERNARDI AUCTIONEERS CC will not display any of the lots once the auction has started.
20. TELEPHONE BIDS – telephone bidders must please make arrangements at least 24 hours before the commencement of the auction sale, in writing, of his/her intention to participate in the auction sale. NB. The acceptance of telephone bids is subject to the availability of sufficient telephone lines. BERNARDI AUCTIONEERS CC will not be held responsible for the lack of clear instructions, losses arising from missed lots or omissions by the telephone clerk/s.

Bernardi Auctioneers CC shall exclude any & all liability in the event that for whatever reason a commission bid, electronic bid or bid over the Internet is unsuccessful.

21. Shipping and collection by agents – if an agent or carrier is instructed to collect on behalf of a buyer, he must be in possession of written authorization by the purchaser, otherwise the items will not be released. Items will only be released when the payment is reflected in our bank account.
22. We request that all cell phones be switched off or placed on silent mode during the auction.
23.  Entering the premises or surrounding areas is entirely at your own risk.
24. Photographs & Illustrations:  Bernardi Auctioneers CC is authorized to make photographs, illustrations, or any other visual representations of all the items offered for sale and to use the above in any way whatsoever, prior to, during or following the auction sale, and shall observe any statutory regulations applicable. Bernardi Auctioneers shall retain the copyright in all such visual representations for use at its discretion.
PLEASE NOTE: These conditions will be legally enforced if necessary.
Explanation of cataloguing terms
The following expressions with their accompanying explanations are used by Bernardi Auctioneers as standard cataloguing practice. Our use of these expressions does not take into account the condition of the lot or the extent of any restoration. Buyers are recommended to inspect the property themselves. Written condition reports are usually available on request before the auction sale.
1. Name or names of artist(s) or recognised designation of an artist without any qualification – in our opinion a work by the artist(s).
2. Attributed to… – in our opinion probably a work by the artist in whole or in part.
3. Studio/workshop of… – in our opinion a work executed in the studio or workshop of the artist, possibly under his supervision, circa or of later date.
4. Circle of… – in our opinion a work of the period of the artist and showing his influence.
5. Follower of… – in our opinion a work executed in the artist’s style but not necessarily by a pupil.
6. After… – in our opinion a copy of the work of the artist and of any date.
7. Signed/dated/inscribed – in our opinion the work has been signed/dated/inscribed by the artist.
8. Bears/with signature… Bears/with date… Bears/with inscription… – in our opinion the signature/date/inscription appears to be by a hand other than that of the artist and possibly of later date.
Entries for future auctions:  Please call 012 342 3634 for an appointment or send photographs and descriptions to bernardi@iafrica.com