The Derby Ram Trail Auction 

Thursday 9 September 2021 

Museum of Making at Derby Silk Mill 

6.30pm - late  

Introduction  

The Derby Ram Trail Auction is managed by Derby Museums, registered charity number 1149710, in  partnership with Wild in Art.  

The Auctioneer is Hanson Auctioneers ("Hansons").  

Data Protection 

By registering to bid at the Derby Ram Trail Auction you are consenting to allow Derby Museums  (registered charity number 1149710) to contact you about the Derby Ram Trail Auction and to process your  personal data for the purposes of administering the Derby Ram Trail Auction.  

In the event that you make a Telephone Bid or an Absentee Bid, you consent to the passing of such  information from Derby Museums to Hansons for the purposes of administering the Derby Ram Trail  Auction.  

Please follow the links below to view our Privacy Policies which provide more information about how we  process personal data and how to exercise your privacy rights:  

1. Derby Museums 

2. Hansons 

Buyer’s Guide 

1. Introduction 

This Buyer’s Guide contains a brief overview of the Derby Ram Trail Auction process and the terms under  which Lots are made available for sale at Auction. Please read the Buyer’s Guide and the Terms and  Conditions of Sale carefully. By registering to bid and participate in the Auction, you acknowledge and  accept the provisions contained herein and agreed to be bound by them.  

2. Definitions  

2.1. The following definitions shall apply to the Buyer's Guide and the Terms and Conditions:  Auction A live sale by auction hosted by Derby Museums.  

Bidder Any person, properly registered and approved by Derby Museums to participate in the Auction who  makes or considers making a bid to buy a Lot at Auction. 

Buyer The person or organisation making the highest bid or offer for a Lot that is accepted by the  auctioneer, including principal person or organisation bidding on behalf of a Buyer.  

Guarantee of Authenticity Derby Museums and Wild in Art guarantee that the sculptures sold at the  auction are the Derby Ram Trail Sculptures created by artists displayed at the event and sold to raise  money for Derby Museums.  

Hammer Price The highest bid for a Lot accepted by the auctioneer at the Auction or the post-auction sale  price (as the case may be).  

Lot each Individual item listed on the order of Lots document.  

Purchase Price The Hammer Price.  

Souvenir Guide the printed catalogue of all of the Ram sculptures.

3. Before the Auction  

3.1. Bidder Registration  

3.1.1. Every person or organisation wishing to make a bid is required to register before participating at the  Auction.  

3.1.2 Those wishing to attend the Auction as a Bidder either in their own capacity or on behalf of a Bidder,  need to complete and return the Bidder Registration Form which is available by contacting  [email protected].  

3.1.3 Those who wish to bid in the Auction either by telephone or by using an absentee, proxy or with a  written bid must also complete a Bidder Registration Form, please contact [email protected].  

3.1.4 Those who wish to bid in the Auction online must register with Hansons at  

https://hansonslive.hansonsauctioneers.co.uk/m/signup. 

3.1.5. To register as an actual or a virtual Bidder, the Bidder Registration Form must be completed in full  and the Bidder must provide at least one (1) form of ID which must include one (1) government-issued  photo identification. If this does not state your current address, proof of address will also be required.  

3.1.6. If registering as an organisation, you must provide proof of incorporation or a company registration  number, or in the case of unregistered entities, other evidence satisfactory to Derby Museums, contact  [email protected] at Derby Museums for confirmation of what will be acceptable.  

3.1.7. If you are registering to bid on behalf of another party, you must produce the relevant ID documents  referred to at 3.1.5 and 3.1.6 above for both you and the person or organisation on whose behalf you are  acting. In addition, you must provide a written and signed authority from the third party confirming your  authority to bid on their behalf. 

3.2. Pre-Auction Viewing  

3.2.1. All the Lots can be previewed at the RamUnion Weekend from 3-5 September 2021 at Derby  Museum & Art Gallery on The Wardwick, Derby, DE1 1HA.  

3.3. Delivery and Collection 

3.3.1. Without any liability, Derby can provide shipping estimates before the Auction. Any Bidder requiring  this information should email j[email protected] including the Lot number and shipping address  at least 3 working days before the start of the Auction. Such estimates are approximate only, and  delivery/collection is the sole responsibility of the Buyer.  

3.3.2. If delivery is requested by the Buyer, the fee shall be confirmed with the Buyer, and an invoice for the  delivery of sculptures will be raised by Derby Museums within two working days and emailed to the Buyer.  Invoices for delivery must be paid in advance of delivery.  

3.3.3 The Buyer cannot withdraw from the purchase of the Lot, and the sale shall not be cancelled because  the Lot cannot be successfully delivered. Derby Museums reserves the right to charge reasonable storage  costs in the event that the Buyer does not take delivery within 7 days of the Auction date (unless otherwise  agreed in writing by Derby Museums). 

3.3.4 In the event that the delivery location is outside the United Kingdom, Derby Museums shall provide  such reasonable assistance as it is able to the Buyer to export the Lot but it is the Buyer's sole responsibility  to ensure in advance of the Auction that the Lot can be exported from the United Kingdom and imported  into the country of destination in each case at the Buyer's expense. Any Bidder who may require this  assistance needs to email j[email protected] at least 7 days before the Auction. 

4. At the Auction 

4.1. Bidding  

4.1.1. All bids are by individual Lot unless the auctioneer states to the contrary during the live Auction. Lots  will usually be sold in their numbered sequence, unless the auctioneer announces otherwise.  

4.1.2. All bids must be made in English only.  

4.1.3. The auctioneer may accept bids from Bidders present in the sale room or via telephone. Bidders are  also welcomed to leave a commission bid with Derby Museums and the auctioneer will bid on your behalf,  against other bidders. 

4.1.4. Written bids will be executed at the lowest possible price.  

4.1.5. Online bids shall be made in accordance with and subject to the terms of the online auction platform  access provider, Hansons.  

4.1.6. The auctioneer reserves the right to accept or decline bids, at their entire discretion.  5. After the Auction  

5.1. Successful bids 

5.1.1. Derby Museums will raise invoices for each successful Bid on the night of the Auction and these will  be given to the Buyer by hand. The invoice will show the Hammer Price to be paid plus VAT, and identify  the Lot purchased.  

5.2. Payment  

5.2.1. Payment is due on the fall of the auctioneer’s hammer. 

5.2.2. Unless agreed in writing between the Buyer and Derby Museums, the Buyer must pay all sums owing  to Derby Museums in Pounds Sterling immediately upon winning the Lot and the Buyer must ensure that  the funds are cleared by the 5th working day after the sale. Payment may be made by electronic transfer,  debit card, credit card (up to a maximum of £25,000) or bankers draft.  

5.2.3. Credit card payments are only acceptable on the express understanding that the Lot is not  returnable, refundable nor exchangeable and that no credit shall be issued to the Buyer in the event of any  such return. If payment is made by credit card, the Buyer shall not undertake any action or effort to stop  payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed  thereon – by the issuer of the credit card.  

5.3. Shipping and storage  

5.3.1. The Buyer is solely responsible for organising delivery and collection of the Lot, which must be  collected (by the Buyer or a courier instructed by the Buyer) within 7 days of the Auction date (unless  otherwise agreed in writing by Derby Museums). The Buyer shall be responsible for paying the daily storage  costs, which shall be charged by Derby Museums to the Buyer commencing on the 8th day after the  Auction date. In the event that a Lot is not collected within 30 days of the Auction date Derby Museums  reserves the right in its sole discretion to: 

a) continue to charge the Buyer reasonable storage costs until such time as the Lot is collected; 

b) resell the Lot (using its reasonable endeavours to obtain a reasonable price) in the event of  which the Buyer shall be liable to pay to Derby Museums all accrued storage costs together with  the amount (if any) by which the resale price is less than the Hammer Price bid by the Buyer. 

5.3.2 A Buyer who wishes to collect their Lot must contact j[email protected] giving details of: (1) the name of the individual or company collecting the Lot – and agree a form of identification; (2) the proposed date of collection.

Derby Museums will then agree a date for the collection and send to the Buyer details of the address and  collection time and other pertinent information. All collections are at the Buyers’ risk.

Terms and Conditions 

These Terms and Conditions ("Conditions") set out the legal relationship between the Buyer and Derby  Museums. By registering to bid and participate in this Auction, you confirm that you have read and agreed  to be bound by these Conditions and the accompanying Buyer’s Guide.  

1. Interpretation 

1.1 In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take  precedence.  

2. Definitions  

2.1. See 2.1 of Buyer's Guide.  

3. Catalogue descriptions and condition of Lots  

3.1. All Lots are sold subject to their condition at the date of the Auction. By making a bid, the Bidder  accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the  Lot ‘as is’.  

3.2. Derby Museums cannot guarantee that colours are properly shown in the Souvenir Guide. All Lots are sold ‘as is' and colours may vary to any images of the Lots provided by Derby Museums to the Bidder. The  Bidder shall inspect the Lot prior to the Auction, and satisfy themselves as to the condition of each Lot before bidding on any Lot. 

4. Before the Auction  

4.1. Every Bidder must register with Derby Museums or Hansons (including providing evidence of identity)  in accordance with the Buyer’s Guide. Personal information shall be used in accordance with condition 7  below.  

5. At the Auction  

5.1. Derby Museums reserves the right to refuse admission and/or participation at the Auction and to reject  any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over.  

5.2. All bids must be made in Pounds Sterling. The auctioneer has the right to exercise reasonable  discretion in refusing any bid, advancing the bidding in such a manner as he may decide, and in the case of  error or dispute, and whether during or after the sale, determining the successful Buyer, continuing the  bidding, cancelling the sale or reoffering and reselling the Lot in dispute. If any dispute arises after the sale of the Lot, then, in the absence of any evidence to the contrary the sale record maintained by the  auctioneer will be conclusive and binding on all parties.  

5.3. When making a bid, each Bidder acknowledges that such bid is a binding offer to buy the Lot at that  price (plus the Buyer’s Expenses (if applicable), all applicable taxes, and any and all shipping or delivery  charges, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been  explicitly agreed in writing with Derby Museums before the start of the Auction that the Bidder is acting on  behalf of an identified third party, agreed and acceptable to Derby Museums (and registered with Derby  Museums or Hansons), and only then will Derby Museums regard that third party as the Buyer. In such  circumstances, the Bidder acting on behalf of another, shall confirm that they are authorised to bind the  third party and that the Buyer has been made aware of and accepts these Conditions.  

5.4. Derby Museums will use reasonable efforts to execute written bids delivered before the Auction for  Bidders unable to attend the auction in person, by an agent or by telephone or online. All such written bids  must be made on a Bidder Registration Form.  

5.5. If Derby Museums via Hansons receives written bids on a particular Lot for identical amounts, and at  the auction these are the highest bids on the Lot, it will be sold to the person whose written bid was  received and accepted first. 

5.6. Online bidding at the Derby Ram Trail Auction is made available via third party service providers and  use of their services and all online bidding is subject to their respective terms of use.  

5.7. The Auction will be tracked on a video or digital screen, which may display, amongst other things, a  photograph of the Lot offered for sale and the then-current bid. The Bidder acknowledges and agrees that  errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions,  Derby Museums shall have no liability arising out of or related to any errors or omission in respect thereto.  

5.8. By participating in and/or attending the Auction and signing the Bidder Registration Form, each Bidder consents to be filmed and/or photographed and further agrees and authorises Wild in Art and Derby  Museums to use and publish such film and/or photographs, name and likeness for use in (1) providing  online access to the Auction, (2) recording the results of the Auction, (3) print, digital, online and all other  media for marketing purposes (including without limitation, on Wild in Art and Derby Museums’ website,  Facebook Live, YouTube and other online platforms) and (4) in any other Wild in Art and Derby Museums  publications of whatever nature. The Bidder releases Wild in Art and Derby Museums and holds them  harmless from any reasonable expectation of confidentiality or privacy associated with such images and  releases Wild in Art and Derby Museums and any third parties involved in the making, creation or  publication of the images or any marketing or other materials from all and any liability for claims made in  respect of such publication. Publication of the images in whatever format confers no right of ownership or  right to royalties or payment.  

5.9. The highest bid accepted by the auctioneer will be the Buyer and the striking of his hammer marks the  acceptance of the highest bid and the conclusion of a contract for sale between Derby Museums and the  Buyer. Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date of sale and the  Buyer should arrange insurance cover for the Lot from the point of sale, as necessary.  

6. After the Auction  

6.1. Derby Museums will raise invoices for each successful Bid on the night of the Auction and these will be  given to the successful Bidders by hand.  

6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by  Derby Museums, payment is due immediately upon receipt of invoice and must be made by the Buyer forthwith. Payments from any other source will not be accepted and shall be returned by Derby Museums.  

6.3. Title in the Lot shall pass to Buyer and the Lot will be made available for collection by the Buyer only  when Derby Museums is completely satisfied that all monies owing by the Buyer to Derby Museums has been paid in full.  

6.4. Payment must be in Pounds Sterling and shall be made by electronic transfer, debit card or credit card  (up to a maximum of £25,000). Please quote the Lot number, invoice number and Bidder registration  number when making payment to ensure it can be processed as efficiently as possible.  

6.5. Credit card payments are only acceptable on the express understanding that the Lot is not returnable,  refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such  return. If payment is made by credit card, the Buyer shall not undertake any action or effort to stop  payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed  thereon – by the issuer of the credit card.  

6.6. The Buyer shall acquire the risk in the Lot as soon as a bid is accepted, but shall not acquire the title to  the Lot until all amounts due to Derby Museums from the Buyer have been received by Derby Museums in  cleared funds, even in circumstances where Wild in Art and Derby Museums have released the Lot to the  Buyer.  

6.7. In the event of default by the Buyer, Derby Museums may take one or more of the following actions: 

6.7.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery  together with interest, legal fees and costs to the fullest extent permitted under applicable law;  

6.7.2. cancel the sale;  

6.7.3. resell the Lot publicly or privately on such terms as Derby Museums shall think fit;  6.7.4 take any other action as Derby Museums deem necessary or appropriate in the circumstances.  

If Derby Museums resells the Lot under condition 6.7.3 above, the Buyer shall be liable for and indemnify  Derby Museums for the payment of all direct and indirect losses suffered by Derby Museums, together  with any shortfall between the total amount originally due from the Buyer to Derby Museums, and the  amount received upon resale, as well as all reasonable costs, expenses, damages, legal fees, commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.  

6.8. Derby Museums shall be entitled to retain Lots sold until all amounts due have been received in full in  cleared funds or until the Buyer has performed any other outstanding obligations as Derby Museums shall  reasonably require. Subject to this Condition 6.8,, the Buyer shall collect, or arrange shipping or collection 

for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed  between Derby Museums and the Buyer. Lots may be collected in person by appointment only.  

6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all  relevant import duties, taxes, VAT, customs and other fees charged in the Buyer’s local jurisdiction. The  Buyer understands and agrees that Derby Museums and Wild in Art shall have no obligation or  responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the Lots shipped.  Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to  Derby Museums and in those circumstances, the Buyer shall be responsible for the payment of any  associated charges , storage costs, and Derby Museums or Wild in Art’s additional reasonable costs and  expenses.  

6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Derby Museums enters the  shipping location lawfully, that all duties and taxes have been paid and that all required export procedures,  regulations, and laws were properly complied with. The Buyer acknowledges and agrees that Derby  Museums shall have no obligation or responsibility for complying with any export procedures, regulations,  or laws applicable to the Lot.  

6.11. If the Buyer wishes to apply for an export licence this does not affect or postpone the Buyer’s  obligation to make payment in accordance with Derby Museums’ payment terms nor Derby Museums’ right  to charge interest or storage charges on late payment.  

7. Use of information  

7.1. By registering to bid at the Derby Ram Trail Auction you are consenting to allow Wild in Art and Derby  Museums to contact you about the Derby Ram Trail Auction and to process your personal data for the  purposes of administering the Derby Ram Trail; Auction.  

7.2. If you indicate that you may want to make a Telephone Bid or an Absentee Bid, you are also consenting  that this information will be provided to Hansons Auctioneers for the purposes of administering the Derby  Ram Trail Auction. For further details about Privacy Policies for WiA, Derby Museums and Hansons about  how we process personal data and how to exercise your privacy rights on Page 1.  

8. Terms of Guarantee of Authenticity  

8.1. Derby Museums guarantee that the sculptures sold at the auction are the Derby Ram Trail Sculptures  created by artists for the purposes of raising money for Derby Museums.

8.2 Derby Museums' total liability to the Buyer shall not in any circumstance exceed £500 under these  Conditions. For the avoidance of doubt, Derby Museums shall not be liable for any indirect, special,  incidental, consequential costs or losses, or any loss of profits, loss of sales or business, loss of agreements,  contracts, loss of use or corruption of software, data or information, loss of or damage to goodwill or business  interruption. 

8.3. Except as expressly provided in these Conditions Derby Museums shall have no liability to the Buyer in  respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted  by law.  

9. Intellectual property rights  

9.1. The copyright in all images, illustrations and written material produced by or for Wild in Art and Derby  Museums relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times  the property of Wild in Art and Derby Museums and shall not be used by the Buyer, nor by anyone else,  without Wild in Art and Derby Museums’ written consent. Wild in Art and Derby Museums make no  representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in  it.  

10. Events outside our control 

Derby Museums shall not be liable or responsible for any failure to perform, or delay in performance of,  any of its obligations under these Conditions that is caused by an event outside its control, that being any  act or event beyond Derby Museums reasonable control, including without limitation strikes, lock-outs or  other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist  attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood,  earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private  telecommunications networks. Derby Museums’ obligations shall be suspended and time for performance  extended until such time as the event outside its control is over, following which a new collection or  shipping date can be agreed.  

11. Other important terms  

11.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part  shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted  by law. 

11.2. The contract is between the Buyer and Derby Museums and no other person shall have any rights to  enforce any of its terms.  

11.3. If Derby Museums fails to insist on performance of any of a Buyer’s obligations under these  Conditions, or if it delays in doing so, that will not mean that Derby Museums has waived its rights against  the Buyer and does not mean the Buyer no longer has to comply with their obligations under these  Conditions or the Buyers Guide.  

12.4. These Conditions are governed by and construed in accordance with English law. The parties agree to  the exclusive jurisdiction of courts of England. 

12.5 Hansons are not responsible for the Lots, processing or payment of the Lots.